Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3747 Compare Versions

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4230 FILED ON: 3/27/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3747
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jerald A. Parisella
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the home rule charter of the city of Beverly.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jerald A. Parisella6th Essex3/27/2023 1 of 36
16	16	HOUSE DOCKET, NO. 4230 FILED ON: 3/27/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3747
18	18	By Representative Parisella of Beverly, a petition (accompanied by bill, House, No. 3747) of
19	19	Jerald A. Parisella (with the approval of the mayor and city council) relative to the home rule
20	20	charter of the city of Beverly. Municipalities and Regional Government. [Local Approval
21	21	Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the home rule charter of the city of Beverly.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. SECTION 1-7 of the charter of the city of Beverly which is on file in the
31	31	2office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the
32	32	3General Laws, is amended as follows:-
33	33	4 (1) Insert the following definitions:
34	34	5 (f) City website: a site established and maintained by the city as its online repository of
35	35	6municipal information on the internet.
36	36	7 (g) Department Head: The person having responsibility and oversight for the operation
37	37	8and management of a city department.
38	38	9 (h) District: the word “district” as appearing in Articles 4 and 7 of this charter shall mean
39	39	10the combining of wards 1, 2 and 3, and wards 4, 5 and 6 for the election of 2 school committee
40	40	11members, 1 to be elected from each such district. 2 of 36
41	41	12 (s) Regular Municipal Election: the words “regular municipal election” shall mean the
42	42	13biennial election of municipal officers.
43	43	14 (2)SECTION 1-7 is further amended by re-lettering the following subparts as
44	44	15follows: (f) becomes (i), (g) becomes (j), (h) becomes (k), (i) becomes (l), (j) becomes (m), (k)
45	45	16becomes (n), (l) becomes (o), (m) becomes (p), (n) becomes (q), (o) becomes (r), and (s)
46	46	17becomes (t).
47	47	18 3) Said charter is further amended in Section 1-7(c) by striking the “and” following the
48	48	19words “are posted”, and inserting the words “and the city website” at the end of the sentence.
49	49	20 SECTION 2. Said charter is further amended by striking out the words: “City election”
50	50	21“biennial election” “City biennial election,” “general City election,” or “regular election” in
51	51	22every instance and inserting in place thereof the words “regular municipal election wherever
52	52	23appearing.”
53	53	24 SECTION 3. Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as
54	54	25follows:- The words “Acting Mayor”, “Accountant,” “Administrative Code”, “Board of
55	55	26Registrars of Voters”, “Budget/Management Analyst”, “City”, “City Solicitor”, “Collector”,
56	56	27“Council”, “Councilor”, “Councilor-at-Large”, “City Clerk”, “Clerk”, “Conservation
57	57	28Commission” ”Director of Municipal Finance”, “Director of Municipal Inspections”, “Director
58	58	29of Planning and Development”, “District”, “Historic Districts Commission”, “Mayor”, “Planning
59	59	30Board”, “School Committee”, “Secretary”, “Treasurer”, and “Ward” are to appear in lower case
60	60	31in every instance. This change shall not apply to charter articles or section headings.
61	61	32 SECTION 4. Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as
62	62	33follows:- The word “section” is to be capitalized in its entirety as “SECTION”, in every instance. 3 of 36
63	63	34 SECTION 5. Said charter is further amended in Articles 1, 2, 3, 4, 5, 6, 7, 8, and 9 as
64	64	35follows:- The words “one”, “two”, “three”, “four”, “five”, “six”, “seven”, “eight”, and “nine”
65	65	36shall be changed to the digits “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, and “9” in all cases, except
66	66	37when the number is expressed as a word at the beginning of a sentence.
67	67	38 SECTION 6. The second and third sentences of SECTION 2-1(c) are hereby amended
68	68	39by striking out the words between “in the City” in the second sentence and “may continue” in the
69	69	40third sentence and combining the sentences into one sentence, and further amended by inserting
70	70	41the words “the councilor” before the words “may continue” and striking the word “for” before
71	71	42the words “which elected” and replacing it with the word “to”.
72	72	43 SECTION 7. Said charter is further amended in Section 2-2(a) by striking out the word
73	73	44“for” after the word “president” and inserting in place thereof the word “during”.
74	74	45 SECTION 8. Said charter is further amended in Section 2-2(c) by striking out the words
75	75	46“absence or disability” in the second and third sentences and inserting in place thereof the
76	76	47following: “inability to serve”.
77	77	48 SECTION 9. Said charter is further amended in the second sentence of Section 2-4(a)
78	78	49by adding the words “or decreasing” following the word “increasing.”
79	79	50 SECTION 10. Said charter is further amended in the first sentence of Section 2-6(b) by
80	80	51striking out the words “, but a smaller number may meet and adjourn from time to time.”
81	81	52 SECTION 11. Said charter is further amended in the first sentence of Section 2-6(c)(ii)
82	82	53by inserting the words “or by electronic mail to” following the words “residence of ”.
83	83	54 SECTION 12. Said charter is further amended in Section 2-8(a) as follows:- 4 of 36
84	84	55 (a) Inserting the following sentences after the first sentence: “In the case of a vacancy in
85	85	56the position, the city council shall fill such vacancy promptly. The council may advertise for the
86	86	57position and shall post the vacancy in accordance with SECTION 8-12 or retain consultant
87	87	58services for an individual to serve as budget/management analyst. The council may pursue either
88	88	59or both options for selection prior to determining whether the budget/management analyst shall
89	89	60serve as an employee or as a consultant.”
90	90	61 (b) Inserting the sentence “If the budget/management analyst is an employee, the salary
91	91	62for the position shall never be less than 1/2 the amount provided for the office of finance
92	92	63director.” as the last sentence of sub-section 2-8(a).
93	93	64 SECTION 13. Said charter is further amended in the first sentence of Section 2-8(b) by
94	94	65striking out the word “two” and inserting in place thereof the number “3”.
95	95	66 SECTION 14. Said charter is further amended in the first sentence of Section 2-8(c) by
96	96	67striking out word “two” and inserting in place thereof the number “3”.
97	97	68 SECTION 15. Said charter is further amended in Section 2-8(d) by inserting the words
98	98	69“and employees” after “officers”; by striking the word “office” and inserting in its place the
99	99	70words “offices and employees”.
100	100	71 SECTION 16. Said charter is further amended in Section 2-8(e) by striking out the
101	101	72words “substantially the same as those.”
102	102	73 SECTION 17. Said charter is further amended in the third sentence of Section 2-9(b) as
103	103	74follows:- by inserting the words “, but no later than the next scheduled council meeting following
104	104	75the passage of the 5 days above.” after the word “days,”. 5 of 36
105	105	76 SECTION 18. Said charter is further amended by striking section 2-9(c) in its entirety,
106	106	77except for the heading, and replacing it as follows:-
107	107	78 “Every proposed ordinance, appropriation order or loan authorization [except emergency
108	108	79ordinances as provided in SECTION 2-9(a)], shall be posted and/or published on the city bulletin
109	109	80board, city website and in the local newspaper, and in any additional manner required by this
110	110	81charter, or state or federal law, as well as be made available at the office of the city clerk at least
111	111	8210 days before final passage. Whenever a proposed ordinance would exceed in length more than
112	112	8310 column inches of ordinary newspaper notice print, then in lieu of publication of the full text of
113	113	84the ordinance in the local newspaper, the city clerk shall prepare and cause to be published in a
114	114	85local newspaper a summary of the proposed ordinance, including its purpose and provisions,
115	115	86along with a notice stating the times and places where the full text of the ordinance may be
116	116	87reviewed by the public. Such summary shall be subject to review by and approval by the city
117	117	88solicitor prior to publication in a local newspaper.
118	118	89 After final passage, the full text of any ordinance shall be posted on the City bulletin
119	119	90board and city website and steps shall be taken by the city clerk to forthwith incorporate such
120	120	91ordinance into the official publication of the complete city ordinances.”
121	121	92 SECTION 19. Said charter is further amended in SECTION 2-9(d) in the first and second
122	122	93sentences as follows:- The first sentence is amended by striking the number “24”” and inserting
123	123	94in place thereof the number “72”, and by inserting the word “Saturdays” after the word “hours”.
124	124	95The second sentence is amended by striking the word “twenty-four” and inserting in place
125	125	96thereof the number “72”. 6 of 36
126	126	97 SECTION 20. Said charter is further amended in SECTION 2-11(a) as follows:- by
127	127	98striking the words “then unexpired” in the second sentence and inserting in place thereof the
128	128	99word “concluding”; and by striking the last two sentences.
129	129	100 SECTION 21. Said charter is further amended in SECTION 2-11(b) by striking the four
130	130	101sentences now appearing and inserting in place thereof the following: “If a vacancy shall occur
131	131	102in the office of ward councilor in the first 18 months of the term to which councilors are elected,
132	132	103it shall be filled in the same manner as provided in SECTION 2-11(a) for the office of councilor-
133	133	104at-Large except that the list shall be of the candidates for the office of ward councilor in the ward
134	134	105in which the vacancy occurs.“
135	135	106 SECTION 22. The charter is further amended in SECTION 2-11(c) in the first sentence,
136	136	1072 sentences are inserted following the first sentence, and a new subsection (d) is added as
137	137	108follows:-
138	138	109 (1)The first sentence is amended by inserting the number “(1)” after the words
139	139	110“councilor and” and inserting the words “and (2) more than 6 months remains on” following
140	140	111“(b),”; by inserting the words “existing term, the,” following the word “the”; and by inserting the
141	141	112words “vote of” following the word ”by”.
142	142	113 (2) The subsection is amended by inserting the following two sentences following the
143	143	114first sentence:- “The council shall post notice of the vacancy for 14 days, and the council shall
144	144	115include among such candidates for the vacancy any candidates for the now vacant seat in the
145	145	116prior municipal election who were not elected and did not meet the criteria of SECTION 2-11 (a)
146	146	117or (b). The council president shall provide the opportunity for each candidate seeking to fill a
147	147	118vacancy to address the council prior to its vote to fill any vacancy.” 7 of 36
148	148	119 (3) The now appearing second sentence becomes the fourth sentence and is amended as
149	149	120follows:- by striking the word “chosen” and inserting in place thereof the word “elected”; and by
150	150	121striking the word “unexpired” following the words “remainder of the” and inserting in place
151	151	122thereof the words “balance of the concluding”.
152	152	123 (4) The provision is amended by inserting a new sub-section (d) as follows:- “If the
153	153	124vacancy shall occur during the last 6 months of the term of office, such vacancy for a ward
154	154	125councilor shall be filled by the person at the next regular municipal election who receives the
155	155	126highest number of votes for the office of ward councilor from that ward. Such vacancy for a
156	156	127councilor-at-large council seat shall be filled by the person at the next regular municipal election
157	157	128who is not presently serving and receives the highest number of votes for councilor-at-large from
158	158	129among the candidates for the office who are not presently serving. Such ward councilor or
159	159	130councilor at large person shall forthwith be certified by the city clerk to serve for the balance of
160	160	131the concluding term in addition to the term to which elected.”
161	161	132 SECTION 23. The charter is revised in SECTION 3-1(b) by striking out the word the
162	162	133word “two” and inserting in place thereof the number “4”.
163	163	134 SECTION 24. The charter is further amended in the second and third sentences of
164	164	135Section 3-1(c) as follows:-
165	165	136 1) the second sentence is amended by inserting the words “or decreasing” following
166	166	137the word “increasing”.
167	167	138 2) the third sentence is amended by striking the word “twelve” and replacing it with
168	168	139the number “36”; by striking the word “Councillors” and inserting in place thereof the words 8 of 36
169	169	140“the mayor is” following the word “which”, and adding the words “that includes the election of a
170	170	141mayor” following the word “election.”
171	171	142 SECTION 25. The charter is further amended in SECTION 3-3 as follows:
172	172	143 1) Amending the sixth sentence by replacing the number “8-15” with the number “8-
173	173	14414.”;
174	174	145 2) By striking the seventh, eighth, and ninth sentences in the subsection.
175	175	146 SECTION 26. The charter is further amended in Section 3-5 -Temporary Appointments
176	176	147to City offices - in the fifth sentence by inserting the words “In the case of a temporary vacancy,”
177	177	148prior to the word “no”; by striking the number “30” and inserting in place thereof the number
178	178	149“60”; and by inserting the phrase “30- day” following the number “1”. The provision is further
179	179	150amended in the fifth sentence following the words “permanent vacancy exists,” by inserting the
180	180	151words “the initial appointment shall be for not more than 60 days, and not more than (3) 30 day
181	181	152renewals of such appointment may be made following the initial appointment.”
182	182	153 SECTION 27. The charter is further amended in the first sentence of Section 3-6(b) by
183	183	154striking out the words “place of business or”, following the words “to the”; and by inserting the
184	184	155words “or by electronic mail to” following the words “residence of.”
185	185	156 SECTION 28. The charter is further amended in the first and second sentences of Section
186	186	1573-8(a) as follows:
187	187	158 1) The first sentence of the subsection is amended by striking out the words “, by
188	188	159reason of sickness, absence from the city or other cause,” following the word “Whenever”; and
189	189	160by deleting the words “successive working” following the word “five ”. 9 of 36
190	190	161 2) The second sentence as now appearing is stricken, and replaced as follows:- “If
191	191	162the city council president is unwilling or unable to serve, the councilor-at-large with the second
192	192	163highest number of votes in the most recent regular municipal election shall serve as acting
193	193	164mayor, and if said councilor is unwilling or unable to serve, the councilor-at-large with the third
194	194	165highest number of votes at the most recent regular municipal election shall serve as acting
195	195	166mayor. If none of the councilors-at-large are willing or able to serve as mayor, the council shall
196	196	167elect from among its membership a councilor to serve as acting mayor.”
197	197	168 SECTION 29. The charter is further amended in the second sentence of Section 3-8(b) by
198	198	169striking the words ”disability of the mayor” following the words “unless the” and inserting in
199	199	170place thereof the words “mayor’s inability to serve.”
200	200	171 SECTION 30. The charter is further amended in SECTION 3-9 as follows:-
201	201	172 (1)SECTION 3-9(a) is amended by striking out the number “15” and inserting in
202	202	173place thereof the number “39”; and striking the words “whether by reason of death, resignation,
203	203	174removal from office, incapacity or otherwise,”; by inserting the words “except for a vacancy as
204	204	175the result of a recall” after the words “term for which the Mayor is elected”, and striking the
205	205	176words “then expired” and inserting in place thereof “concluding” following the words “balance
206	206	177of the”.
207	207	178 (2)SECTION 3-9(b) is amended as follows:-
208	208	179 (a)by striking in the first sentence the words “in the last nine months of the term for
209	209	180which the Mayor is elected whether by reason of death, resignation, removal from office or
210	210	181otherwise”; and inserting in place thereof the words “after the thirty-ninth month” following
211	211	182the word “occurs”; 10 of 36
212	212	183 (b) By inserting a new sentence after the first sentence as follows:- “If the city
213	213	184council president is unwilling or unable to serve, the vacancy shall be filled in the manner set
214	214	185forth in SECTION 3-8(a).”
215	215	186 (c) The second sentence of SECTION 3-9(b) as now appearing becomes the third
216	216	187sentence and is amended by inserting after the words “city council”, the words “other councilor-
217	217	188at-large, or ward councilor”; and by striking the number “2-10” and inserting in place thereof “
218	218	1892-11”.
219	219	190 (d) Inserting a new subsection 3-9(c) as follows:- “(c) Vacancy as a result of recall
220	220	191election - If a mayoral vacancy exists as a result of a recall election, the vacancy shall be filled
221	221	192by a special election as provided in SECTION 7-14 (g) if such election can be held within the
222	222	193requirements of SECTION 7-14 (f) of this charter.”
223	223	194 (e) subsection (c) is re-lettered as subsection (d) and is further amended by:
224	224	195 (i)striking in the second sentence the words “unexpired”; by inserting the word “
225	225	196concluding” before the word “term”;
226	226	197 (ii) striking in the third sentence the words “to fill the office” after the word “elected”
227	227	198and inserting in place thereof the words “as mayor shall forthwith be certified by the city clerk
228	228	199and shall serve”; striking the word “ensuing” and inserting in its place “balance of the
229	229	200concluding”; striking the words “of office shall serve” after the word “term”; inserting “to the
230	230	201term to which such person was elected after the words “in addition”; and by striking the words
231	231	202“the balance of the then unexpired term” at the end of the sentence. 11 of 36
232	232	203 SECTION 31. The charter is further amended in SECTION 4-1(a) by amending the first
233	233	204sentence, adding a new second sentence, and amending the third sentence as follows:-
234	234	205 1) The first sentence is amended by striking the word “seven” and inserting in place
235	235	206thereof the number “9”.
236	236	207 2) A new sentence is inserted following the second sentence: “Two members shall
237	237	208be elected from districts composed as follows: District A shall be composed of wards 1, 2, and 3
238	238	209and District B shall be composed of wards 4, 5, and 6.”
239	239	210 3) The fourth sentence is amended by striking the word “seventh” following the
240	240	211words “as the” and inserting in place thereof the word “ninth.”
241	241	212 SECTION 32. The charter is further amended in Section 4-1(b) as follows:-
242	242	213 1) The first and second sentences of Section 4-1(b) are hereby amended by striking
243	243	214the words between “in the City” in the first sentence and “member” in the second sentence and
244	244	215combining the sentences into one sentence, and further amended by inserting the word “the”
245	245	216before the words “member may” and striking the word “for” before the words “which elected”
246	246	217and replacing it with the word “to”;
247	247	218 2) by inserting after the first sentence the following sentence: “ If a district school
248	248	219committee member shall during the first 18 months of the term of office remove to a ward of the
249	249	220city not in the district from which the member is elected, such district member may continue to
250	250	221serve for the balance of the term to which elected.”
251	251	222 3) The final sentence of this subsection is amended by inserting the words “or
252	252	223district” following the word “ward”. 12 of 36
253	253	224 SECTION 33. The charter is further amended in Section 4-1 as follows:-
254	254	225 (1) Section 4-1(c)(2) is amended by striking the words “may be deemed necessary or
255	255	226desirable” and inserting in place thereof the words “the general laws so provide.”
256	256	227 (2) Section 4-1(c) is amended by adding(4) before the unnumbered paragraph beginning
257	257	228with the words “The school committee shall” and ending with “building is delegated”, following
258	258	229paragraph (3).
259	259	230 SECTION 34. The charter is further amended in Section 4-1(f) by amending the first,
260	260	231second, third, and fifth sentences as follows:-
261	261	232 (a)The first sentence is amended as follows: -
262	262	233 (1)by inserting the words “or district school committee member” following the word
263	263	234“member”;
264	264	235 (2)by striking the number “20” and inserting in place thereof the number “18”, and
265	265	236by inserting the words "or district” following the word “ward”,
266	266	237 (3) by striking the word “that” and inserting in place thereof the word “such”
267	267	238following the word “from”,
268	268	239 (4)by inserting the words “or district” following the words “office of ward”,
269	269	240 (5)by striking the word “that” and inserting in place thereof “such” following the
270	270	241words “member in” and inserting the word “or district” after the word “ward”;
271	271	242 (b) The second sentence is amended as follows: - 13 of 36
272	272	243 (1) by striking the word “the” after the words “voters of” and inserting in place thereof
273	273	244the word “such”;
274	274	245 (2) by adding the words “or district” following the word “ward”.
275	275	246 (c) The third sentence is amended as follows: -
276	276	247 (1) striking the word “four” following the word “last” and inserting in place thereof the
277	277	248number “6”;
278	278	249 (2) by striking the word “that” following the word “from” and inserting in place thereof
279	279	250the word “such”,
280	280	251 (3) by inserting the words “or district” following the word “ward”.
281	281	252 (d) The fourth sentence of the subsection is amended by striking the words “last two
282	282	253months” and inserting the word “balance” in place thereof;
283	283	254 (e)The fifth sentence of the subsection is amended by inserting the words “or
284	284	255district” following the word “ward”; by striking the word “unexpired” and inserting in place
285	285	256thereof the word “concluding” and by inserting the words “as well as the term to which elected”
286	286	257following the word “term.”
287	287	258 SECTION 35. The charter is further amended in SECTION 4-2(a) in the first sentence by
288	288	259inserting the words “or district” following the word “ward.”
289	289	260 SECTION 36. The charter is further amended in SECTION 4-3 by striking the second
290	290	261sentence beginning “The city council” and ending with “such appropriations.” 14 of 36
291	291	262 SECTION 37. The charter is further amended by reformatting Article 5 such that
292	292	263subsections (1) and (2) wherever appearing, are stricken and inserted in place thereof by
293	293	264subsections (a) and (b), wherever appearing, and that clauses (a), (b), (c), etc. are stricken and
294	294	265replaced by insertion of clauses (1), (2), (3), etc.
295	295	266 SECTION 38. The charter is further amended in Section 5-1 as follows:
296	296	267 1) The first sentence and subsection (a) are deleted.
297	297	268 2) The first sentence in the “Administrative Code” subsection (formerly (b)) is
298	298	269amended by moving the following words as appearing in the final sentence of this provision
299	299	270following the words “business of the city”: “provided however that no function assigned by this
300	300	271charter to a particular city agency may be discontinued, or assigned to any other city agency
301	301	272unless this charter so specifically provides.”
302	302	273 3) The remainder of the final sentence of this provision is moved to become the
303	303	274second sentence of this subsection and is modified as follows:- by striking the words “to the
304	304	275same extent as is provided in SECTION 5-1(a), above, for ordinances;” between the word
305	305	276“necessary,” and the words “and for such”
306	306	277 4) The third sentence beginning “Whenever the mayor shall propose such a plan” is
307	307	278amended following the word “plan,” by inserting the words: “any proposed changes to the
308	308	279administrative code shall be accompanied by a message from the mayor which explains the
309	309	280expected benefits and advises the city council if changes proposed shall require amendments,
310	310	281insertions, or revisions, repeal or otherwise of existing ordinances” The sentence is further
311	311	282amended by replacing the clause beginning “the City Council” with a new sentence beginning 15 of 36
312	312	283“The city council” and inserting the words “and on the city website,” following the word
313	313	284“newspaper”.
314	314	285 SECTION 39. The charter is further amended in SECTION 5-4 by amending the second
315	315	286sentence of (a) and the second and fourth sentences of (b) as follows:-
316	316	287 1) the second sentence of SECTION 5-4(a) is amended by striking the words “which,
317	317	288prior to the adoption of the Home Rule Charter, were performed by or under the authority of the
318	318	289city auditor, the city treasurer, the city collector, the Chief Procurement Officer and the Board of
319	319	290Assessors;” and inserting in place thereof the words “shall include treasury, collection,
320	320	291accounting, and assessing;”
321	321	292 2) the second sentence in (b) is amended by striking the words “performing the duties of
322	322	293City Collector and City Treasurer.” and replacing them with the words “with management and
323	323	294oversight responsibility for treasury and/or collection functions.”;
324	324	295 3) the fourth sentence of (b) is amended by striking the words “state statutes” and
325	325	296inserting in place thereof “the general laws”, by inserting the word “the” following the word
326	326	297“ordinances,”, and by inserting the words “any accompanying” following the words “code and”.
327	327	298 4) the fifth sentence of (b) is amended by inserting after the word “The”:- “mayor may
328	328	299specify that the”, by striking the words “as the mayor may from time to time specify” following
329	329	300the words “ex officio”, by striking the word “or” before “Treasurer-Collector” and by inserting
330	330	301the words “or city accountant” following the word “treasurer-collector.”
331	331	302 SECTION 40. The charter is further amended in the third sentence of SECTION 5-5(b)
332	332	303by striking the words “state statutes” and inserting in place thereof the words “the general laws”. 16 of 36
333	333	304 SECTION 41. The charter is further amended in SECTION 5-7 in (a) and (b) as follows:-
334	334	305 1) SECTION 5-7(a)(2) is amended by inserting the words “and ensure compliance
335	335	306with federal, state and local laws, rules and regulations regarding personnel and employment.”
336	336	307following the word “personnel”.
337	337	308 2) SECTION 5-7(a)(4) is amended by inserting the words “but not limited to”
338	338	309following the word “including”; and by inserting the word “discipline,” following the word
339	339	310“recruitment,”.
340	340	311 3) the third sentence of SECTION 5-7(b) is amended by striking the words “state
341	341	312statutes” following the word “with” and inserting in place thereof the words “the general laws”.
342	342	313 SECTION 42. The charter is further amended in SECTION 5-8 in the first sentence of (a)
343	343	314and the second sentence of (b) as follows:-
344	344	315 1) the first sentence of (a) is amended by striking the word “Historical” following
345	345	316the words “conservation commission” and inserting in place thereof the words “historic
346	346	317districts”.
347	347	318 2) the second sentence in (b) is amended by striking the words “state statutes”
348	348	319following the word “with” and inserting in place thereof the words “the general laws”.
349	349	320 SECTION 43. The charter is further amended in Article 6 as follows:-
350	350	321 The charter is amended in SECTION 6-2(a) in the first and final sentences as follows:-
351	351	322 1) The first sentence is amended by inserting the words “and posted on the Beverly
352	352	323Public Schools website and the city website,” following the word “newspaper”. 17 of 36
353	353	324 2) The final sentence is amended by inserting the words “Following the public
354	354	325hearing,” prior to the words “the school committee”; striking the word “not” following the word
355	355	326“shall”; and striking the words “until all persons who desire to be heard concerning the budget
356	356	327proposal have had an opportunity to be heard.”
357	357	328 SECTION 44. The charter is further amended in SECTION 6-2(b) by striking the word
358	358	329“article” following the word “this” and inserting in place thereof “Article”.
359	359	330 SECTION 45. The charter is further amended in the second sentence of SECTION 6-3 by
360	360	331inserting the words: “, and shall post such notice and summary on the city website, as well as the
361	361	332complete proposed budget.” following the words “proposed budget”.
362	362	333 SECTION 46. The charter is further amended in SECTION 6-4 by striking the words “or
363	363	334as may be required by the provisions of a city ordinance.” following the word “desirable.”
364	364	335 SECTION 47. The charter is further amended in SECTION 6-5 in the second sentence by
365	365	336striking the words “or as a city ordinance may require.” following the word “desirable; and by
366	366	337amending (a), and (d) as follows:
367	367	338 1) In (a) by striking the words “and position” following the word “agency” and
368	368	339inserting the word “staffing” following the word “programs,”.
369	369	340 2) In (d) by striking the words “free cash” and inserting in place thereof the words
370	370	341“budgetary fund balances”.
371	371	342 SECTION 48. The charter is further amended in SECTIONS 6-6 (a) and (c) as follows:- 18 of 36
372	372	343 1) The heading of section (a) is amended by striking the word “hearing” and inserting the
373	373	344word “Hearing” in its place. The first sentence in (a) is amended by inserting the words “post on
374	374	345the city website and” following the word “shall”.
375	375	346 2) The first sentence of (c) is amended by striking the words “60 days following day the
376	376	347proposed budget is received by it, or such other period as may be” following the word “within“
377	377	348and inserting in place thereof the words “ the time frame as is”.
378	378	349 3) The third sentence of (c) is amended by striking the words “60 days following the date
379	379	350of its receipt of the proposed budget, or such other period as may be” and inserting in place
380	380	351thereof the words “the period as”.
381	381	352 4) A new sentence is inserted in (c) after the third sentence as follows: - “The final
382	382	353budget shall be posted on the city’s website.”
383	383	354 SECTION 49. The charter is further amended in SECTION 6-7(b) by amending the first,
384	384	355third, and fourth sentences as follows:-
385	385	356 1) The first sentence is amended by striking the word “to” and inserting in place
386	386	357thereof the word “for” following the word “appropriated”.
387	387	358 2) The third sentence is amended by inserting the words “and on the city website”
388	388	359following the word “board”.
389	389	360 3) The fourth sentence is amended by inserting the words “and city website”
390	390	361following the word “board”. 19 of 36
391	391	362 SECTION 50. The charter is further amended in the first sentence of SECTION 6-7(c) as
392	392	363follows by inserting the words “posting on the city’s website and” following the words “notice
393	393	364by”.
394	394	365 SECTION 51. SECTION 6-9 -Independent Audit- as now appearing is amended by
395	395	366striking the section in its entirety, except for the heading, and replacing it as follows:- The city
396	396	367council shall select a certified public accountant or firm of certified public accountants to
397	397	368annually conduct an outside audit of the books and accounts of the city. Such accountant or firm
398	398	369shall have no personal interest, direct or indirect, in the fiscal affairs of the city or any of its
399	399	370officers.
400	400	371 The council will be assisted in this effort by an Audit Committee to be composed of the
401	401	372council’s Property and Finance Committee chair, who will serve as chair of the Audit
402	402	373Committee, the city’s finance director, the city accountant, a resident chosen by the city council
403	403	374president with experience in public finance, or public accounting and auditing, and the
404	404	375budget/management analyst for the council. The audit committee will assist the council in
405	405	376preparing the Request for Qualifications (RFQ), perform due diligence in the dissemination of
406	406	377the RFQ, evaluate responses, conduct any necessary firm interviews and make a
407	407	378recommendation to the council. The audit committee shall meet following the conclusion of
408	408	379each annual audit to evaluate the performance and effectiveness of the audit firm. The city
409	409	380council shall assure the conduct of the outside audit and shall annually request a sum of money
410	410	381sufficient to satisfy the estimated cost of conducting the audit as presented to the mayor, in
411	411	382writing, at the time of the city clerk’s submission of its proposed budget for the upcoming fiscal
412	412	383year to the mayor. The city council shall submit the award of the audit and proposed contract to
413	413	384the mayor to be signed. The award of a contract to audit shall be made by the city council on or 20 of 36
414	414	385before September 15 of each year. The report of the audit shall be filed in final form with the city
415	415	386council not later than March 31 in the year following its award. At least every 5 years, the city
416	416	387council shall conduct the procurement process as described in this SECTION to retain these
417	417	388auditing services.
418	418	389 SECTION 52. The charter is further amended in Article 7 by amended the title of the
419	419	390Article as follows:- insert the word “and” between the words “Elections” and “Election”.
420	420	391 SECTION 53. Section 7-3(a) is amended as follows:-) 1) by inserting the words “district
421	421	392school committee member, not less than 75 signatures, all of which must be from the wards
422	422	393included in the district from which the nomination is sought, provided however, that not more
423	423	394than 25 signatures from any one ward shall be counted in the minimum number of required
424	424	395signatures;” following the words “for the office of”; and
425	425	396 2) by inserting the words “and ward school committee member” following the word
426	426	397“councilor”.
427	427	398 SECTION 54. The charter is further amended in SECTION 7-3(c) by amending the first
428	428	399sentence, striking the second sentence and amending the third sentence as follows:-
429	429	400 1) The first sentence is amended by striking the words “The two persons” at the
430	430	401beginning of the sentence and inserting in place thereof the words “No more than twice the
431	431	402number of candidates to be elected to the same office”.
432	432	403 2) The second sentence of this subsection is stricken.
433	433	404 3) The third sentence of this subsection is amended by striking the word “his” and
434	434	405inserting in place thereof the word “their”. 21 of 36
435	435	406 SECTION 55. The charter is further amended in the last sentence of SECTION 7-3(d) as
436	436	407follows:-
437	437	408 1) By inserting the words “for one or more offices” following the words “no
438	438	409names”;
439	439	410 2) By striking the word “in” following the word “used” and inserting in place thereof
440	440	411the words “at a preliminary election for”;
441	441	412 3) By striking the words “ward or wards” following the word “particular” and
442	442	413inserting in place thereof the words “office or offices”;
443	443	414 4) By striking the word “in” following the word “held” and inserting in place thereof
444	444	415the word “for”;
445	445	416 5) By striking the words “ward or wards” following the word “such” and inserting in
446	446	417place thereof the words ”office or offices”.
447	447	418 SECTION 56. The charter is further amended in SECTION 7-7 as follows:
448	448	419 1) The first sentence is amended by striking the word “which” following the word
449	449	420“petition” and inserting in place thereof “that” and by striking the word “which” following the
450	450	421word “and”.
451	451	422 2) The second sentence is amended by striking the words “three months” following
452	452	423the word “than” and inserting in place thereof the words “90 days”.
453	453	424 3) The fourth sentence is amended by striking the words “48 hours” following the
454	454	425words “at least” and inserting in place thereof the words “5 days”. 22 of 36
455	455	426 4) The fifth sentence is amended by inserting after the word “expense” the following
456	456	427words: “, and shall include both newspaper publication and posting on the city website.”
457	457	428 SECTION 57. The charter is further amended in SECTION 7-8 (a),(c), (d), (e), (f), (g)
458	458	429and (h); replacing the current subsection (b) in its entirety, except for the heading; renumbering
459	459	430all subsections following (c) (i.e., [c] becomes [d], [d] becomes [e], etc.); as follows:-
460	460	431 1) SECTION 7-8(a) is amended in the first sentence by striking the word “an” and
461	461	432inserting in place thereof the words “a proposed”; by striking the words “Clerk of the Council”
462	462	433following the word “the” and inserting in place thereof “city clerk”; by striking the words “as
463	463	434the case may be”, by striking the words “10% of the total number of voters as of the date of the
464	464	435most recent regular city election” following the words “at least” and inserting in place thereof the
465	465	436words “250 voters.” Two new sentences are inserted after the second sentence as follows:- “At
466	466	437least 25 signatures must be certified from each ward. The petition shall be accompanied by an
467	467	438affidavit signed by 10 voters and containing their residential address stating those voters will
468	468	439constitute the petitioners committee and be responsible for circulating the petition and filing it in
469	469	440proper form.” SECTION 7-8(a) is further amended by striking the final three sentences.
470	470	441 2) The charter is further amended by striking SECTION 7-8(b) as now appearing in
471	471	442its entirety, except for the subheading, and replaced as follows:- “The city clerk or the secretary
472	472	443of the school committee shall, immediately following receipt of a proposed petition, deliver a
473	473	444copy of the petition to the board of registrars of voters. If the board of registrar of voters
474	474	445determines that a petition has be signed by at least 250 voters, the petition shall be transmitted
475	475	446forthwith to the city solicitor. The city solicitor shall, within 30 days following receipt of a copy
476	476	447of the petition, in writing, advise the city council or the school committee and the city clerk 23 of 36
477	477	448whether the measure as proposed may lawfully be proposed by the initiative process and
478	478	449whether, in its present form, it may lawfully be adopted by the city council or the school
479	479	450committee. If the opinion of the city solicitor is that the measure is not in proper form, the reply
480	480	451shall state the reasons for this opinion, in full. A copy of the opinion of the city solicitor shall be
481	481	452mailed to the members of the petitioners committee.”
482	482	453 3) The charter is further amended by inserting a new (c) as follows:-
483	483	454 “(c) Submission to City Clerk - If the city solicitor determines that the petition is in a
484	484	455proper form, the city clerk shall provide blank forms for the use of subsequent signers and shall
485	485	456print at the top of each blank form a fair, concise summary of the proposed measure, as
486	486	457determined by the city solicitor, together with the names and addresses of the first 10 voters who
487	487	458signed the originating petition. The city clerk shall notify the petitioners committee that the blank
488	488	459forms are issued. Within 60 days following the date of the notice, the petition shall be returned
489	489	460and filed with the city clerk signed by at least 10 per cent of the total number of voters as of the
490	490	461date of the most recent regular municipal election. Signatures to an initiative petition need not all
491	491	462be on one paper, but all papers pertaining to any single measure shall be fastened together and
492	492	463shall be filed as a single instrument, with the endorsement on it of the name and address of the
493	493	464person designated as filing the papers. With each signature on the petition there shall also appear
494	494	465the street and number of the residence of each signer. Within 10 days following the filing of the
495	495	466petition, the registrars of voters shall ascertain the number of voters that signed the petition and
496	496	467the percentage that number is of the total number of voters as of the date of the most recent
497	497	468regular municipal election. The registrars of voters shall attach to the petition a certificate
498	498	469showing the results of its examination and shall return the petition to the city clerk or the 24 of 36
499	499	470secretary of the school committee, depending on how the petition is addressed. A copy of the
500	500	471registrars of voters' certificate shall also be mailed to the members of the petitioners committee.”
501	501	472 4) SECTION 7-8(c) as now appearing is renumbered as SECTION 7-8(d) and is
502	502	473amended in the heading, first sentence, third sentence, and fourth sentence, as follows:-
503	503	474 (a) the heading is amended by striking the word “petitions” and inserting in place thereof
504	504	475“Petitions”, by striking in the first sentence the words “Clerk of the Council” following the
505	505	476words “to the” and inserting in place thereof “city clerk”; by inserting the words “school
506	506	477committee, the city council or the” following the words “of the”; by striking the words “by the
507	507	478City Solicitor and” following the word “committee”; by striking the words “the city council or
508	508	479school committee” following the words “2-9(c),”.
509	509	480 (b) the third sentence is amended by striking the words “with respect to any initiative
510	510	481petition which is presented to it” following the word “act”; by striking the word “it” after the
511	511	482word “date” and inserting in place thereof the words “the measure”; by striking the words “by
512	512	483the city solicitor” following the word “it”.
513	513	484 (c) The fourth sentence is amended by striking “Clerk of the Council” following the word
514	514	485“the” and inserting in place thereof the words “city clerk”; by striking the words “person
515	515	486designated on the petition as having filed the same” following the words “to the” and inserting in
516	516	487place thereof the words “petitioners committee”.
517	517	488 5) SECTION 7-8(d) as now appearing is re-lettered as (e) and is amended in the
518	518	489heading and first and second sentences; inserting a new third sentence; the now appearing third
519	519	490sentence becomes the fourth sentence and is amended; as follows:- 25 of 36
520	520	491 (a) In the heading by striking the word “petitions” following the word “Supplementary”
521	521	492and inserting in place thereof the word “Petitions”; in the first sentence, amending the first
522	522	493sentence by striking the words “Clerk of the Council” following the words “with the” and
523	523	494inserting in place thereof the words “city clerk””; by inserting the words “, but only by persons
524	524	495constituting the original petitioners committee” following “school committee”.
525	525	496 (b) The second sentence is amended by striking the words “which is” following the word
526	526	497“voters”; by inserting the words “at least” following the words “equal to”; by striking “%” and
527	527	498inserting in place thereof “percent”; by inserting the words “, and shall be examined by the
528	528	499registrars of voters who shall issue a certificate as provided in subsection (c) within 10 days of
529	529	500the submission of the supplemental petitions.” following the word “election.”
530	530	501 (c) SECTION 7-8(e) is amended by inserting a new sentence following the second
531	531	502sentence as follows:- “The signatures on the initial petition filed under subsection (c) and the
532	532	503signatures on the supplemental petition under this subsection, taken together, shall contain the
533	533	504signatures of at least 15 percent of the total number of voters as of the date of the most recent
534	534	505regular municipal election.”
535	535	506 (d) The fourth sentence of SECTION 7-8(e) is amended by striking the word “such” and
536	536	507inserting in place thereof the word “this” following the words “signatures to”; by inserting the
537	537	508words “registrars of voters and a certificate issued as described above is submitted to the”
538	538	509following the words “by the”; by striking the words “fixed by it” following the words “a date”;
539	539	510by striking the words “City Clerk” and inserting in place thereof “registrars of voters” following
540	540	511the words “of the”; by striking the words “any other” following the word “if”; by inserting the
541	541	512word “a” before the words “regular municipal”; by striking the word “said” following the word 26 of 36
542	542	513“the”; by striking the word “the” following the word “omit;”; by striking the words “of such”
543	543	514following the word ”calling” and inserting in place thereof “the”; by striking the word “said”
544	544	515following the word “cause” and inserting in place thereof the word “the”; and by striking the
545	545	516word “such” following the word “at” and inserting in place thereof the word “the”.
546	546	517 6) The current (e) is re-lettered as (f) – Publication – and is amended in the first and
547	547	518second sentences as follows:-
548	548	519 (a) the first sentence is amended by striking the word “any” and inserting in place thereof
549	549	520“an”; by striking “a” and inserting in place thereof “at least 1”.
550	550	521 (b) the second sentence in the subsection is amended by inserting the words “and shall be
551	551	522posted on the city website” following the word “clerk”.
552	552	523 7) The current (f) is renumbered as (g) - Form of question - and is amended in the
553	553	524heading by striking the word “question” and inserting in place thereof the word “Question”
554	554	525following the word “of”; the first sentence is amended by striking the words “voters in”
555	555	526following the word “by”; the last sentence is amended by striking the words “full text”
556	556	527following the words “insert the” and inserting in place thereof “fair, concise summary” following
557	557	528the words “insert the”; by striking the words “or a fair concise summary prepared” following the
558	558	529word “measure”; by inserting the words “as determined ” following the word “measure”; by
559	559	530striking the words “petitioners, and approved by the” following the words “determined by the”;
560	560	531by inserting the words “as referenced in subsection (c).” following the words “city solicitor”
561	561	532 8) SECTION 7-8(g) as now appearing is re-lettered as (h) and is amended at the
562	562	533beginning of the sentence by inserting the words “Subject to the requirements of SECTION 7-
563	563	53413, and changing “If” to “if” following the words SECTION 7-13”; by striking the word 27 of 36
564	564	535“forthwith” following the word “effective” and inserting in place thereof the word
565	565	536“immediately”; by striking the word “such” following the word “in” and inserting in place
566	566	537thereof the word “the” and by striking the remainder of the sentence following the word
567	567	538“measure”.
568	568	539 SECTION 58. The charter is further amended in SECTION 7-9 in the first sentence and
569	569	540second sentences of (a); the first sentence of (b); and inserting a new sentence following the first
570	570	541sentence of (b) as follows:-
571	571	542 (a) The first sentence of SECTION 7-9(a) is amended by striking the number “20”
572	572	543following the word “within” and inserting in place thereof the number “21”; by striking the word
573	573	544“of” following the word “approve,” by striking the number “12%” following the words “equal
574	574	545to” and inserting in place thereof “at least 15 per cent”; by striking the words “as may be”
575	575	546following “committee”; by striking the word “thereof” following the word “part” and inserting in
576	576	547place thereof the words “of it”; by striking the words “Clerk of the Council” following the word
577	577	548“or” and inserting in place thereof “city clerk”; by striking the word “such” following the words
578	578	549“date of” and inserting in place thereof the word “that”.
579	579	550 2) The second sentence of the SECTION 7-9(a) is amended by striking the word
580	580	551“forthwith” following “shall” and inserting in place thereof the word “immediately”; by striking
581	581	552the word “such” following the words “vote on” and inserting in place thereof the word “the” ; by
582	582	553striking the word “thereof” following the word “part” and inserting in place thereof the words
583	583	554“of it”; by striking the word “such” following the word “if” and inserting in place thereof the
584	584	555word “the”; by striking the word “or” following the word “convenience”; by striking the word “,
585	585	556but” following the word “election” and inserting in place thereof the words “; provided, however, 28 of 36
586	586	557that”; by striking the word “such” following the word “pending” and inserting in place thereof
587	587	558“this” and by striking the word “such” following the words “effect of” and inserting in place
588	588	559thereof the word “the”.
589	589	560 3) The first sentence of SECTION 7-9(b) is amended in by striking the word “insofar”
590	590	561following the words “petition and”; by striking the word “and” following “(c)” and inserting the
591	591	562words “and (g) insofar as the section relates to the filing and certification of signatures, and the
592	592	563ballot question” following “(f)”; by striking the word “thereof” following the word “part” and
593	593	564inserting in place thereof “of it”;. The subsection is further amended by the addition of a new
594	594	565sentence after the first sentence: “Subject to the requirements of SECTION 7-13, the measure or
595	595	566part thereof protested against shall be null and void unless a majority of those voting on the
596	596	567question shall vote in favor of the measure or part of it protested against at the election.”
597	597	568 SECTION 59. Article 7 of the charter is further amended by the insertion of a new
598	598	569section 7-13 as follows:- “SECTION 7-13. Required Voter Participation. For any measure to be
599	599	570effective under the initiative procedure and for any measure to be declared null and void under
600	600	571the referendum procedure, at least 20% of the voters as of the most recent regular municipal
601	601	572election must vote at an election that includes on the ballot submission to the voters of 1 or more
602	602	573initiative or referendum questions.”
603	603	574 SECTION 60. The charter is further amended by renumbering SECTION 7-13 as
604	604	575SECTION 7-14; by inserting a new 7-14(b)(3) following 7-14(b)(2) and renumbering of the
605	605	576subsequent clauses ((e.g., the now appearing clause (b)(3) becomes (b)(4) etc.); amending 7-14
606	606	577(b)(4); and amending 7-14(c), (e) and (g) as follows:- 29 of 36
607	607	578 (a)a new SECTION 7-14(b)(3) is inserted following 7-14(b)(2) as follows: “Office
608	608	579elected by district: Two hundred or more voters may file with the board of registrars of voters an
609	609	580affidavit containing the name of the officer sought to be recalled and a statement of the grounds
610	610	581for the recall. The signatures on such affidavit shall contain the names only of voters in the
611	611	582district from which the officer was elected.”
612	612	583 (b) SECTION 7-14(b)(4) is amended as follows:- In the first sentence by inserting
613	613	584the words “or district” following the word “ward”. The section is further amended in the third
614	614	585sentence by striking the number “21” and inserting in place thereof the number “28” and by
615	615	586inserting the words “or district” following the word “ward,”.
616	616	587 (c) SECTION 7-14(c) is amended by striking number “35” and inserting in place thereof
617	617	588the number “65”.
618	618	589 (d) SECTION 7-14(e) is amended by striking the number“7-13(f)” and inserting in place
619	619	590thereof the number “7-14(f)”.
620	620	591 (e) SECTION 7-14(f) is amended in the second sentence by striking the word “six” and
621	621	592inserting in place thereof the number “9”.
622	622	593 (f) SECTION 7-14(g) is amended in the first sentence by striking the number “60” and
623	623	594inserting in place thereof the number “65”.
624	624	595 SECTION 61. The heading of Section 8-1 is hereby amended following the word
625	625	596“Changes” by inserting the words:- “and Charter Review.” 30 of 36
626	626	597 SECTION 62. The charter is further amended in Article 8 by amending SECTIONS 8-
627	627	5981(a) in the first sentence; 8-1(b) in the second sentence; 8-5 in the second sentence; 8-6(a) in the
628	628	599second sentence and 8-6(d) as follows:-
629	629	600 (a) The first sentence of SECTION 8-1(a) is amended by- striking the word “statutes” and
630	630	601inserting in place thereof the words “general laws” following the word “by.”
631	631	602 (b) The second sentence of SECTION 8-1(b) is amended by striking the word “which”
632	632	603and inserting in place thereof the word “that” following the word “charter.”
633	633	604 (c) The second sentence of SECTION 8-5 is amended by striking the word “Counsel” and
634	634	605inserting in place thereof the word “solicitor” following the word “city.”
635	635	606 (d) The second sentence of SECTION 8-6(a) is amended by striking the word
636	636	607“Chairman” and replacing it with the word “chairperson”; by inserting the words “or by
637	637	608electronic mail to” following the words “residence of”; by striking the word “and” following the
638	638	609words “each member”; by striking the word “and” following the word “member” ; by striking
639	639	610the words “a list of” following the word “contains” and inserting the words “or list of” following
640	640	611the word “or”; and by inserting in the last sentence the words “and city website” following the
641	641	612word “board.”
642	642	613 (e) SECTION 8-6(d) is amended by striking the words “, but a smaller number may meet
643	643	614and adjourn from time to time” following the words “a quorum”.
644	644	615 SECTION 63. The charter is further amended in Section 8-7 as follows: - by striking in
645	645	616the heading the words “and gender”’; and by replacing the semicolon following the word
646	646	617“singular” with a period, and eliminating the remaining words in the provision after the period. 31 of 36
647	647	618 SECTION 64. The charter is further amended in Section 8-8 as follows:- by striking the
648	648	619word “secular” and inserting in place thereof “calendar” following the words “refer to”.
649	649	620 SECTION 65. The charter is further amended in the first sentence of SECTION 8-12 as
650	650	621follows:- by inserting the words “and on the city website” following the word “board”.
651	651	622 SECTION 66. The charter is further amended in SECTION 8-13 by amending the first
652	652	623sentence and inserting a new sentence following the first sentence as follows:-
653	653	624 (a) The first sentence is amended by striking the word “may,” and inserting in place
654	654	625thereof the word “shall”; by striking the word “number” following the word “their” and inserting
655	655	626in place thereof the word “members”; by striking the remaining words in the sentence following
656	656	627the word “members” and inserting in place thereof the words “notify the appointing authority.”
657	657	628 (b) A new sentence is inserted after the first sentence as follows:- “Such notice to the
658	658	629appointing authority shall include the notice from the chair of the multiple-member body to the
659	659	630person meeting the criteria above given in hand, or mailed, postage prepaid, by registered or
660	660	631certified mail, return receipt requested, of the body’s intent to notify the appointing authority of
661	661	632the incidence of absence at least 10 days before providing notice to the appointing authority, and
662	662	633the response, if any, received from the person so notified. Only the appointing authority may
663	663	634determine if the seat is to be declared vacant.”
664	664	635 SECTION 67. The charter is further amended by striking SECTION 8-14 as now
665	665	636appearing in its entirety and renumbering the current SECTION 8-15 to SECTION 8-14.
666	666	637 SECTION 68. The charter is further amended in SECTION 8-14 as follows:- 32 of 36
667	667	638 (a) In the first sentence by striking out the words “Any employee of the City, not a City
668	668	639officer or a department head (hereafter "such person")” and inserting in place thereof the
669	669	640following:- “Any City officer, member of a multiple-member body, department head or
670	670	641employee of the City,”; by inserting the words “SECTION 3-4” following the words “provisions
671	671	642of”, and by striking the words “for good cause”. The second, third, and fourth sentences as now
672	672	643appearing are stricken, and replaced with the following:- “Any such person may be suspended
673	673	644from office by the appointing authority for an initial period of 15 days, subject to an additional
674	674	64515-dayextension if deemed necessary by the appointing authority.”
675	675	646 (b)Subparagraphs (a), (b), and (c) as now appearing are stricken in their entirety and
676	676	647replaced by the following:-
677	677	648 “(a) City Council Appointments - The City Council, may, in writing, suspend and/or
678	678	649remove any person appointed or elected by the City Council by notice to the employee stating
679	679	650the reason for the suspension and/or removal and advising the employee of the opportunity to
680	680	651request to appear at a meeting of the Council. This notice to said employee shall be delivered in
681	681	652hand, mailed by certified mail, postage prepaid, to the last known address of said employee, or
682	682	653emailed to said employee. At the same time, the City Council shall file a written statement with
683	683	654the Department of Human Resources, stating that such person is suspended and/or removed and
684	684	655the effective date of said suspension or removal.
685	685	656 The employee may make a written reply by filing such reply statement with the
686	686	657Department of Human Resources and the city council president within 5 days following the date
687	687	658the statement of the city council has been filed. In the reply, the employee may request
688	688	659permission to appear at a public meeting of the city council to read the written reply concerning 33 of 36
689	689	660suspension and/or removal. Such meeting must occur within 10 days of the employee’s request
690	690	661unless otherwise agreed by the city council president and the employee.
691	691	662 At the meeting, the employee shall be allowed to read their rebuttal statement or reply to
692	692	663the notice of suspension and/or removal. The city council President may read the notice of
693	693	664suspension and/or removal. The city council shall notify the employee of whether the decision
694	694	665has been upheld, rescinded, or modified no later than 10 days after the council meeting is
695	695	666adjourned. If such notification is not provided within such time, the decision to suspend and/or
696	696	667remove shall remain in effect. If no meeting is requested, the decision of the city council is final
697	697	6686 days after delivery of the notice to the employee.”
698	698	669 “(b) Any employee of the city, not subject to provisions (a) above, may be suspended
699	699	670and/or removed by the appointing authority in accordance with the following procedure. The
700	700	671appointing authority shall receive approval from the mayor before proceeding with any such
701	701	672suspension and/or removal. Upon receiving such approval, the appointing authority shall
702	702	673provide notice of the suspension and/or removal to said employee by stating the reason for the
703	703	674suspension and/or removal, and advising the employee of the opportunity to request a meeting
704	704	675with the mayor. This notice to said employee shall be delivered in hand, mailed by certified
705	705	676mail, postage prepaid, to the last known address of said employee, or emailed to said employee.
706	706	677At the same time, the appointing authority shall file a written statement with the Department of
707	707	678Human Resources stating that such employee is suspended and/or removed and the effective date
708	708	679of said suspension and/or removal.
709	709	680 Within two days of delivery of the notice of suspension and/or removal, the employee
710	710	681may request in writing a meeting with the mayor. Such meeting must be held within 5 days of 34 of 36
711	711	682receipt the employee’s request, unless otherwise agreed by the mayor and the employee. At the
712	712	683meeting, the employee shall be allowed to reply verbally and/or in writing to the notice of
713	713	684suspension and/or removal. The appointing authority and the Director of Human Resources may
714	714	685be present at the meeting at the discretion of the mayor. Upon the direction of the mayor, the
715	715	686appointing authority shall issue a final decision upholding, rescinding, or modifying the
716	716	687suspension and/or removal no later than 5 days after the meeting. If such notification is not
717	717	688provided within such time, the decision to suspend or remove shall remain in effect. If no
718	718	689meeting is requested by the employee within two days of delivery of the notice or suspension
719	719	690and/or removal, the decision of the appointing authority is final.”
720	720	691 SECTION 69. SECTION 9-4 is amended by striking the words “his or her” and inserting
721	721	692thereof the word “their”.
722	722	693 SECTION 70. The charter is further amended by striking Section 9-6 as now appearing in
723	723	694its entirety; SECTION 9-7 as now appearing is renumbered as SECTION 9-6.
724	724	695 SECTION 71. The charter is further amended in SECTION 9-6(d) -Disposition of
725	725	696Certain Special Laws - by the addition of the following special acts:- St. 1936, Chapter 142 “An
726	726	697Act Placing Under the Civil Service Laws the Office of the Chief of Police of the City of
727	727	698Beverly”; and St. 1938, Chapter 203 “An Act Authorizing the Placing of the Office of Chief of
728	728	699the Fire Department of the City of Beverly Under the Civil Service Laws”.
729	729	700 SECTION 72. SECTIONS 6, 23, 31, and 32 of chapter X of the acts of 2023 act and
730	730	701those sections of the act dependent upon passage of the above referenced sections will take effect
731	731	702upon voter approval of the ballot questions appearing below, but not otherwise. All other 35 of 36
732	732	703SECTIONS of this act will take effect upon enactment by the General Court and approval of the
733	733	704Governor.
734	734	705 SECTION 73. SECTIONS 6, 23, 31, and 32 of chapter X of the acts of 2023 shall be
735	735	706subject to voter ratification at the regular municipal election to be held on November 7, 2023
736	736	707prior to taking effect. The following questions will appear on the ballot:-
737	737	708 Should Sections 6 and 32 of chapter X of the acts of 2023 that would amend the
738	738	709charter to allow a ward councilor, ward school committee member and district school committee
739	739	710member who moves within the city during the first 18 months of their term of office to complete
740	740	711the term to which elected be approved?
741	741	712 YES__ NO__
742	742	713 Should Section 23 of chapter X of the acts of 2023 that would revise the charter to
743	743	714increase the term of office of the mayor to 4 years be approved?
744	744	715 YES__ NO__
745	745	716 Should Section 31 of chapter X the acts of 2023 that would revise the charter to
746	746	717increase the membership of the school committee by the addition of 2 new district members, one
747	747	718district to include Wards 1, 2, and 3 and one district to include Wards 4, 5, and 6 be approved?
748	748	719 YES__ NO__
749	749	720 SECTION 74. Should SECTIONS 23 and/or 31 of chapter X of the acts of 2023 be
750	750	721approved by the voters, the first regular municipal election following such ratification
751	751	722(November 4, 2025) shall include the election of a mayor for a 4 year term and/or the election of 36 of 36
752	752	7232 district school committee members for a 2 year term. SECTION 6 and 32 shall take effect
753	753	724upon voter ratification.