PART I
CHARTER
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ARTICLE 1
Incorporation, Title, Form of Government, Powers
§ 1-1. Incorporation.
The inhabitants of the City of Waltham shall continue to be a municipal
corporation under the name existing at the time of the adoption of this
charter, and as such shall have, exercise and enjoy all the rights,
immunities, powers and privileges, and shall be subject to all the duties,
liabilities and obligations provided for in this charter, or otherwise
pertaining to or incumbent upon said city as a municipal corporation.
§ 1-2. Title.
This instrument shall be known and may be cited as the City of Waltham
Charter.
§ 1-3. Form of government.
The administration of the fiscal, prudential and municipal affairs of the
city, with the government thereof, shall be vested in the executive branch,
to consist of the mayor, and the legislative powers shall be vested in the
legislative branch, to consist of the city council.
§ 1-4. Powers of the city.
Subject only to express limitations in the exercise of any power or function
by a city in the constitution or statutes of the commonwealth, it is the
intent and the purpose of the charter to confer upon the city all powers it is
possible to confer under the constitution and statutes of the commonwealth,
as fully and as completely as though each such power were specifically and
individually enumerated herein.
§ 1-5. Construction.
The powers of the city under this charter shall be construed liberally,
in favor of the city, and the specific mention of particular powers is not
intended to limit in any way the general powers of the city, as stated in
section 1-4.
§ 1-6. Intergovernmental relations.
Subject to express requirements of the constitution and statutes of the
commonwealth, the city may exercise any of its powers and perform any
of its functions, and may participate in the financing thereof, jointly or in
cooperation, by contract or otherwise, with the commonwealth or any civil
division or agency thereof or the United States government or any agency
thereof.
§ 1-1 CHARTER § 1-7
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§ 1-7. Definitions.
The following words as used in this charter shall, unless the context
otherwise requires, have the following meanings:
ORDINANCE — A vote or order of the city council entitled "ordinance" and
designed for permanent regulation of any matter within the jurisdiction of
the city council as laid down in this charter.
ELECTED AT LARGE — Elected by and from all the voters of the city.
REGULAR MUNICIPAL ELECTION — The biennial election of municipal
officers for which provision is made in this matter.
§ 1-7 WALTHAM CODE § 1-7
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ARTICLE 2
City Council
§ 2-1. Composition, eligibility, election and term.
§ 2-2. Compensation.
The members of the city council shall receive for their services such salary
as the city council shall by ordinance determine, and they shall receive no
other compensation from the city. No increase or reduction in the salaries
of city councillors shall take effect during the year in which such increase
or reduction is voted, and no change in such salaries shall be made between
the election of a new council and the qualification of the new council.
§ 2-3. President of the Council.
Officers of the Council. After a majority of the councillors-elect have been
sworn, the city council shall be called to order by the city clerk or assistant
city clerk or in the absence of both such officials, by the member present
in senior years of service, who shall preside. The city council shall then
elect from among its members, by roll call vote, a president. Eight (8) votes
shall be necessary for election. No other business shall be in order until the
president has been elected. The president shall preside at meetings of the
city council and perform such other functions as may be assigned by the
charter, by ordinance or by vote of the city council.
§ 2-4. Exercise of powers, quorum, vote required.
A. Composition. There shall be a city council consisting of fifteen (15)
members which shall exercise the legislative powers of the city. Nine (9)
of these members, to be known as ward councillors, shall be nominated
and elected by and from the voters of nine (9) council wards, one (1)
ward councillor to be elected from each such ward. Six (6) of the
members, to be known as councillors at large, shall be nominated and
elected by and from the voters of the city at large. One (1) of the
members of the city council shall be elected by the council annually as
its president.
B. Eligibility. Any voter shall be eligible to hold the office of councillor at
large. A ward councillor shall be a voter and a resident of the ward from
which he is elected, at the time of his election; provided, however, that a
ward councillor who removes from the ward from which he was elected
to another ward in the city, may continue to serve and to discharge his
duties until the expiration of the term for which he was elected.
C. Election and term. The term of office of all members of the city council
shall be for two (2) years beginning at one o'clock post meridian on the
first Sunday in January of each even-numbered year following their
election, until their successors are qualified.
§ 2-1 CHARTER § 2-4
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§ 2-5. Rules of procedure, regular meetings, special meetings.
§ 2-6. Filling of vacancies.
If a vacancy occurs at any time in the office of a councillor at large, such
vacancy shall be filled forthwith by a majority of all the remaining members
of the city council for the remainder of the unexpired term. If a vacancy
occurs before the last nine (9) months of the term in office of a ward
councillor, the city council shall forthwith order an election to fill such
vacancy for the remainder of the unexpired term.
§ 2-7. Council request of mayor to attend council meeting.
The city council at any time may request from the mayor, specific
information on any municipal matter within its jurisdiction, and may request
him to be present to answer questions relating thereto at a meeting to be
held not earlier than one (1) week from the date of receipt of said request.
A. Exercise of powers. Except as otherwise provided by law or the charter,
the legislative powers of the city council shall be exercised in a manner
determined by it.
B. Quorum, vote required. Every member of the council may vote on any
question coming before it. A majority of the council shall constitute a
quorum, and the affirmative vote of a majority of all members of the
council shall be necessary to adopt any motion, resolution or ordinance
unless otherwise required by statute or any other provision of this
charter.
A. Rules of procedure. The city council shall from time to time establish
rules for its proceedings.
B. Regular meetings. Regular meetings of the city council shall be held at
a time and place fixed by ordinance.
C. Special meetings. Special meetings of the city council may be held at
the call of the mayor, as provided in section 3-10, on the call of the city
council president or on the call of any three (3) or more councillors, by
written notice delivered in hand or to the place of residence of each
member of the council at least forty-eight (48) hours in advance of the
time set, and which includes notice of the subjects which are to be
acted upon, and no other business shall be in order.
D. Open meetings. A full and accurate journal of the proceedings of all
meetings of the council shall be kept and shall be open to the inspection
of any registered voter of the city, except as otherwise authorized by
sections twenty-three A, twenty-three B and twenty-three C of chapter
thirty-nine of the General Laws. All sessions of the council shall be open
to the public and to the press and every matter coming before the
council for action shall be put to a vote, the result of which shall be duly
recorded.
§ 2-4 WALTHAM CODE § 2-7
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The council shall inform the mayor, in writing, of the subject matter to be
discussed at said meeting.
§ 2-8. Passage of ordinances, repeal, amendment.
No ordinance shall be passed finally on the date on which it is introduced,
except in cases of special emergency involving the health or safety of the
people or their property, and only then if no member of the city council
objects thereto. No ordinance shall be regarded as an emergency measure
unless the emergency is defined and declared in a preamble thereto
separately voted on and receiving the affirmative vote of two-thirds of the
members of the city council.
No ordinance making a grant, renewal or extension, whatever its kind
or nature, of any franchise or special privilege shall be passed as an
emergency measure, and except as provided in section seventy and seventyone
of chapter one hundred and sixty-four and in chapter one hundred and
sixty-six of the General Laws, no such grant, renewal or extension shall be
made otherwise than by ordinance.
No ordinance shall be amended or repealed except by an ordinance adopted
in accordance with this charter.
§ 2-9. Order, ordinance or resolution, passage at one session.
Any ordinance, order or resolution may be passed through all its stages
of legislation at one (1) session, provided that no member of the council
objects thereto; but if any member of the council objects, the measure shall
be postponed for that meeting.
§ 2-10. Ordinance, publication. [G.L. c. 55, Acts of 1992]
Every proposed ordinance or loan order, except emergency measures as
hereinbefore defined and revenue loan orders, shall be published once
in full in at least one (1) newspaper of the city, and in any additional
manner that may be provided by ordinance, at least ten (10) days before
final passage thereof; provided, however, that if any ordinance or proposed
ordinance or codification of ordinances or proposed ordinances shall exceed
in length eight (8) octavo pages of ordinary book print, then in lieu of the
advertising required by this section, the same may be published by the city
council in a municipal bulletin or printed pamphlet and, if so published in
full at least ten (10) days before final passage thereof, such publication shall
be deemed sufficient without the newspaper publication as herein required.
§ 2-11. Election of city clerk.
The council shall, by a majority vote, elect a city clerk to hold office for three
(3) years and until his successor is qualified. He shall have such powers and
perform such duties as the council may prescribe or as may be prescribed
by law. He shall keep the records of the meetings of the council.
§ 2-7 CHARTER § 2-11
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ARTICLE 3
Mayor
§ 3-1. Election, term of office, compensation.
There shall be a mayor, elected by and from the qualified voters of the city.
He shall hold office for the term of four (4) years from the first Sunday
in January following the election and until his successor is qualified. The
mayor shall receive for his services such salary as the city council shall, by
ordinance, determine and he shall receive no other compensation from the
city. No increase or reduction in the salary of the mayor shall take effect
during the year in which such increase or reduction is voted, and no change
in such salary shall be made between the election of a new council and the
qualification of the new council.
§ 3-2. Executive powers, enforcement of ordinances.
The executive powers of the city shall be vested solely in the mayor and
may be exercised by him either personally or through the several officers or
boards in their respective departments, under his general supervision and
control. The mayor shall cause the laws, ordinances and orders from the
government of the city to be enforced and shall cause a record of all his
official acts to be kept.
§ 3-3. Appointments by mayor, confirmation.
The mayor shall appoint, subject to confirmation by a majority vote of all
the member of the city council, all department heads and members of
municipal boards except those for whom some other method of appointment
is provided by the charter or by law, members of the school committee
and officials appointed by the governor. Such persons shall hold office for
the term for which they were appointed and until their successors are
appointed, confirmed and qualified.
§ 3-4. Removal of officials.
The mayor may, with the approval of a majority of the members of the city
council, remove the head of a department or member of a board before the
expiration of his term of office, except members of the school committee
and officials appointed by the governor. The person shall receive a copy of
the reasons for his removal, and he may, if he desires, request a hearing on
the matter before the city council. He may be represented by counsel at the
hearing. The city council shall request the mayor to appear at said hearing.
§ 3-5. Temporary appointments.
Whenever a vacancy in the office of the head of any department appointed
by the mayor occurs, whether by reason of disability, death, resignation,
or removal from office for any reason, the mayor may appoint the head of
another city office or agency, or a city officer or employee, or some other
person to perform the duties of the office for a period not to exceed three
§ 3-1 CHARTER § 3-5
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(3) months. Whenever a vacancy continues beyond three (3) months, the
mayor may make a second three-month appointment, but no temporary
appointment shall be continued beyond six (6) months without the approval
of the city council. Any such appointee shall exercise all the rights and
powers of the office including compensation, shall perform all the duties
and responsibilities of the office and shall be sworn to the faithful discharge
of his duties.
§ 3-6. Temporary absence of the mayor.
If the mayor is absent or unable from any cause temporarily to perform
his duties, such duties shall be performed by the president of the city
council. The person upon whom such duties shall evolve shall be called
"acting mayor" and he shall possess the powers of mayor only in matters not
admitting delay, but shall have no power to make permanent appointments.
§ 3-7. Vacancy in office of mayor.
If a vacancy occurs in the office of mayor by death, removal or resignation at
any time during the first three (3) years of the term ending December thirtyfirst,
the city clerk shall forthwith order an election to fill such vacancy for
the remainder of the unexpired term.
If vacancy occurs during the last year of the term beginning January first,
a meeting of the city council shall be called by the city clerk, forthwith,
and the city council shall elect, by majority vote of all members of the city
council, one of its members as mayor for the remainder of the unexpired
term. If the city council fails so to elect at said meeting or within thirty
(30) days thereafter, the president of the city council shall become acting
mayor; providing however that if the president declines to serve as mayor
the city councillor with the greatest number of years of service on the city
council shall become mayor. Upon the qualification of any city councillor as
mayor under the provisions of this section, he shall exercise all the rights
and powers of mayor including compensation and shall be sworn to the
faithful discharge of his duties and a vacancy shall exist in his seat on the
city council.
§ 3-8. Mayor's attendance at council meeting.
The mayor, when requested by the city council to be present at a council
meeting to answer questions relative to matters properly within the
jurisdiction of the council, shall be informed, in writing, of the subject
matter to be discussed. The mayor shall personally, or through the head of
a department or a member of a board, attend such meeting and publicly
answer all such questions. The person so attending shall not be obliged to
answer any questions relating to any other matter. The mayor may attend
and address the city council in person or through the head of a department,
or a member of the board, upon any subject.
§ 3-5 WALTHAM CODE § 3-9
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§ 3-9. Adoption of measures, mayor's veto.
Every measure relative to the affairs of the city adopted by the city council,
except such measures as relate to the internal affairs of the city council, the
election of officers whose election by the city council is authorized by law
or by the charter, or budgets submitted under section thirty-two of chapter
forty-four of the General Laws or to appropriations by the city council under
section thirty-three of said chapter, shall be presented to the mayor for
his approval. If the mayor does approve it, he shall signify his approval by
signing it. If he does not approve of it, he shall return it, with his objections
in writing, to the city council. The city council shall enter the objections
of the mayor upon its records and shall again consider the measure. If
the city council, notwithstanding such disapproval of the mayor, shall pass
such measure by a two-thirds vote of all its members, it shall be considered
approved and shall then be in force, but such vote shall not be taken for at
least seven (7) days after the measure has been returned to the city council.
If any measure is not returned by the mayor within ten (10) days following
the date it is presented to him, it shall be considered approved. A filing with
the clerk of the council shall be considered a return by the mayor to the city
council. All votes taken on measures returned by the mayor shall be by roll
call.
§ 3-10. Call of special council meeting by mayor.
The mayor may at any time call a special meeting of the city council by
causing a notice of such meeting, specifying the matters which he desires to
be considered, to be delivered in hand or to the place of residence of each
councillor. Public notice of said meeting shall be posted at least forty-eight
(48) hours in advance of the time set for such meeting; however, in the event
of an emergency, of which the mayor shall be the judge, a lessor period shall
suffice and no other business except as provided shall be in order.
§ 3-11. Employees in mayor's office not subject to civil service.
The civil service laws shall not apply to the appointment of the mayor's
secretaries or of the stenographers, clerks, administrative assistant, and
other employees in the mayor's office, and the mayor may remove such
appointees without a hearing and without making a statement of the cause
of their removal.
§ 3-12. Approval of contracts by mayor.
All contracts made by any department, board or commission where the
amount involved is two thousand dollars ($2,000.00) or more shall be in
writing, and no such contract shall be deemed to have been made or
executed until the approval of the mayor is affixed thereto. Any construction
contract shall, and all other contracts may, where the amount exceeds five
thousand dollars ($5,000.00) be required to be accompanied by a bond with
sureties satisfactory to the mayor or by a deposit of money, certified check
or other security for the faithful performance thereof, and such bonds or
§ 3-9 CHARTER § 3-12
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other securities shall be deposited with the city treasurer until the contract
has been carried out in all respects; and no such contract shall be altered
except by a written agreement of the contractor, the sureties on his bond,
if any, and the officer, department or board, as the case may be, making the
contract, with the approval of the mayor affixed thereto. Any cash deposit
or check payable to a city received as security for performance under this
section may be deposited by said treasurer in any bank or trust company
under a separate account to be known as a performance deposit account.
The provisions of this section shall be deemed to have been complied with
on all purchases made under the provisions of sections twenty-two A and
twenty-two B of chapter seven of the General Laws when one municipality
acting on behalf of other municipalities complies with the provisions of this
section, or when purchases are made for a vendor holding a contract with
the commonwealth for the item or items being purchased.
§ 3-12 WALTHAM CODE § 3-12
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ARTICLE 4
School Committee
§ 4-1. Composition, election, terms, organization, dual employment.
The school committee shall consist of seven (7) members, one (1) of whom
shall be the mayor, who shall be chairman. The remaining six (6) members
shall be elected at large, each to serve four (4) years, three (3) of whom
shall be elected biennially. The members of the school committee shall elect
one (1) of its members to serve as vice chairperson annually. The committee
shall organize annually on the first Sunday in January, and shall elect one
of its members as vice chairman, who shall preside at all meetings of the
committee at which the mayor is not present. No member of the school
committee shall, while a member thereof, hold any other office or position
in the school department the salary or compensation for which is payable
out of the city treasury.
§ 4-2. Powers and duties.
Except as otherwise provided in this charter and subject to any laws which
limit the amount of money that may be appropriated in any city for school
purposes, the school committee, in addition to the powers and duties
conferred and imposed by law on school committees, may provide, when
necessary, temporary accommodations for school purposes, may make all
repairs, the expenditures for which are made from the regular
appropriation for the school department, shall have control of all school
buildings and grounds connected therewith and shall make all reasonable
rules and regulations, consistent with law, for the management of the public
schools of the city and for conducting the business of the committee.
§ 4-3. School committee vacancy.
If a vacancy occurs at any time in the office of school committee by failure
to elect, or otherwise, the city council and the remaining members of the
school committee shall meet in joint convention, which shall be called by
the city clerk forthwith, and elect a suitable person to fill the vacancy until
the first Sunday in January following the next regular municipal election;
and, if there would be a vacancy on said first Sunday, it shall be filled at
such regular municipal election for the balance of the unexpired term. The
mayor, if present, shall preside at the convention.
§ 4-4. Open and public meetings, roll call vote.
All meetings of the school committee shall be open to the press and to
the public, except as otherwise authorized by section twenty-three A and
twenty-three B of chapter thirty-nine of the General Laws. The vote in any
particular measure taken in open session shall be recorded by roll call vote
when requested by two (2) members. All votes taken in executive session
shall be recorded by roll call vote.
§ 4-1 CHARTER § 4-5
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§ 4-5. Superintendent of schools, selections, appointment, duties
and compensation of other school employees.
The school committee shall elect a superintendent of schools annually,
except as provided in section forty-one of chapter seventy-one of the
General Laws, and may under chapter thirty-one of the General Laws
appoint, suspend, or remove at pleasures such subordinate officers or
assistants, including janitors of school buildings, as it may deem necessary
for the proper discharge of its duties and the conduct of its business;
it shall define their terms of service and their duties and shall fix their
compensation.
§ 4-6. Schools, location and erection of, approvals required.
No site for a school building shall be acquired by the city unless the
approval of the school committee is first obtained. No plans for the
construction of or alterations in a school building shall be accepted, and
no work shall begin on the construction or alteration of a school building,
except with the approval of the school committee and the mayor. The mayor
shall notify the school committee in writing prior to or at the time of each
change in plans after work is begun. This section shall not require such
approval for the making of ordinary repairs.
§ 4-5 WALTHAM CODE § 4-6
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ARTICLE 5
Nominations and Elections
§ 5-1. Preliminary elections, contents of notice or city council order.
Not later than the fifth Tuesday preceding every regular city election and
preceding every special election at which any office mentioned in this
charter is to be filled, there shall be held, except as otherwise provided in
section 5-7, a preliminary election for the purpose of nominating candidates
for such general or special election, and section 9-2 of this charter shall not
apply.
The notice, or order adopted by the city council, for regular, preliminary
and special elections shall specify by name all the officers to be voted for
and state, in the form in which it will appear upon the ballot, any question
submitted to the voters. They shall specify the time when the polls will be
opened and when the polls will be closed. The polls at such election shall
be open during such hours as the city council may prescribe; provided, that
they shall be opened not earlier than seven o'clock in the forenoon nor later
than ten o'clock in the forenoon and shall be kept open at least six (6) hours,
but in no event later than eight o'clock in the evening. The ballots to be used
at such elections shall be governed by the provisions of section forty-nine of
chapter forty-three of the General Laws.
§ 5-2. Inclusion of name on ballot, prerequisites.
Except as otherwise provided in section 5-7, there shall not be printed on
the official ballot to be used at any regular or special election the name
of any person as a candidate for any such office unless such person has
been nominated as such at a preliminary election for nomination, held as
provided in sections 5-1 to 5-7, inclusive. There shall not be printed on
the official ballot for use at such preliminary election the name of any
candidate for nomination at such election, unless such person shall have
filed, within the time limited by section 5-3, the statement and petition
therein described.
§ 5-3. Candidates for nomination, qualifications, statement and
petition.
Any person who is qualified to vote for a candidate for any elective
municipal office and who is a candidate for nomination thereto, shall be
entitled to have the name of said person as such candidate printed on the
official ballot to be used at a preliminary election; provided, that within the
time prescribed by section ten of chapter fifty-three of the General Laws
in the case of preliminary elections in cities such person shall file with the
city clerk a statement, in writing, of such person's candidacy, and with it the
petition of at least fifty (50) voters, qualified to vote for the said office. Said
statement and petition shall be in substantially the following form:
§ 5-1 CHARTER § 5-3
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STATEMENT OF CANDIDATE
I (__________), on oath declare that I reside at (number if any) on (name
of street) in city of _____; that I am a voter therein, qualified to vote for
a candidate for the hereinafter mentioned office; that I am a candidate
for the office of (name of office) for (state the term) to be voted for at
the preliminary election to be held on Tuesday, the _____ day of _____,
nineteen hundred and _____, and I request that my name be printed as such
candidate on the official ballot for use at said preliminary election.
(Signed)
Commonwealth of Massachusetts,
ss.
Subscribed and sworn to on this day of __________, nineteen hundred and
_____ before me,
(Signed)
Justice of the Peace or (Notary Public).
PETITION ACCOMPANYING STATEMENT OF CANDIDATE
Whereas (name of candidate) is a candidate for nomination for the office of
(state the term), we the undersigned, voters of the city of __________, duly
qualified to vote for a candidate for said office, do hereby request that the
name of said (name of candidate) as a candidate for nomination for said
office be printed on the official ballot to be used at the preliminary election
to be held on the _____ Tuesday of __________, nineteen hundred and _____.
We further state that we believe this person to be of good moral character
and qualified to perform the duties of the office.
No acceptance by the candidate for nomination in the said petition shall be
necessary to its validity or its filling, and the petition, which may be on one
or more papers, need not be sworn to.
§ 5-4. Official ballot, posting lists of candidates, drawing for
position on ballot.
On the first day, other than Sunday or a legal holiday, following the
expiration of the time for filing the above described statement and petition,
the city clerk shall post in a conspicuous place in the city hall the names
and residences of the candidates for nomination who have duly qualified as
candidates for nomination, as they are to appear on the official ballots to
be used at the preliminary election, except as to the order of the names,
and shall cause the ballots which shall contain said names, in their order
as drawn by the clerk, and no others, with a designation of residence, and
of the office and term of service, to be printed, and the ballots so printed
shall be official and no others shall be used at the preliminary election. In
drawing for position on the ballot the candidates shall have an opportunity
to be present in person or by one (1) representative each. Blank spaces shall
be left at the end of each list of candidates for nomination for the different
offices equal to the number to be nominated therefor, in which the voter
§ 5-3 WALTHAM CODE § 5-4
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may insert the name of any person not printed on the ballot for whom he
desires to vote for nomination for such office. There shall be printed on such
ballots such directions as will aid the voter, as, for example: "vote for one,"
"vote for two," and the like, and the ballots shall be headed as follows:
OFFICIAL PRELIMINARY BALLOT
Candidates for nomination for the offices of () in the city of __________ at
a preliminary election to be held on the _____ day of __________ in the year
nineteen hundred and _____. (The heading shall be varied in accordance
with the offices for which nominations are to be made).
§ 5-5. Counting ballots, canvass of returns.
The election officers shall, immediately upon the closing of the polls at
preliminary elections, count the ballots and ascertain the number of votes
cast in the several voting places for each candidate, and forthwith make
return thereof upon blanks to be furnished, as in regular elections, to the
city clerk who shall canvass said returns and shall forthwith determine the
result thereof, insert the same in one (1) or more newspapers published in
the city, and post the same in a conspicuous place in the city hall.
§ 5-6. Determination of candidates for election.
The two persons receiving at a preliminary election the highest number of
votes for nomination for an office shall, except as provided by section 5-7,
be the sole candidates for that office whose names may be printed on the
official ballot to be used at the regular or special election at which such
office is to be filled, and no acceptance of a nomination at a preliminary
election shall be necessary to its validity; provided, however, that a person
nominated at a preliminary election may withdraw from nomination by a
request signed and duly acknowledged by such person and filed with the
city clerk within six (6) days succeeding five o'clock in the afternoon of the
day of holding such preliminary election. Such nominee shall be replaced
by the candidate with the next highest number of votes in said preliminary,
unless provided by the charter of the city.
If two (2) or more persons are to be elected to the same office at such
regular or special election, the several persons, equal in number to twice
the number so to be elected, who receive at such preliminary election
the highest number of votes for nomination for that office shall, except as
provided by section 5-7, be the sole candidates for that office whose names
may be printed on the official ballot.
If the preliminary election results in a tie vote among candidates for
nomination receiving the lowest number of votes, which, but for said tie
vote, would entitle a person receiving the same to have his name printed
upon the official ballot for the election, all candidates participating in said
tie vote shall have their names printed upon the official ballot, although in
consequence there be printed thereon candidates to a number exceeding
twice the number to be elected.
§ 5-4 CHARTER § 5-7
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§ 5-7. Nomination of candidates, conditions making preliminary
election unnecessary.
If, at the expiration of the time for filing statements of candidates to be
voted for at any preliminary election, the number of statements which
have been filed with the city clerk for a particular office does not exceed
twice the number of persons to be elected to such office, the candidates
whose statements have thus been filed shall be deemed to have been
nominated to said office, and their names shall be voted on for such office
at the succeeding regular or special election, as the case may be, and the
city clerk shall not print said names upon the ballot to be used at said
preliminary election and no other nomination to said office shall be made.
If in consequence it shall appear that no names are to be printed upon the
official ballot to be used at any preliminary election in any ward or wards of
the city, no preliminary election shall be held in any such ward or wards.
§ 5-7 WALTHAM CODE § 5-7
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ARTICLE 6
Adoption of Charter, Effect, Transitional Provisions
§ 6-1. Effect of charter on legislative powers of city.
None of the legislative powers of the city shall be abridged or impaired by
this charter, but all such legislative powers shall be possessed and exercised
by the city council.
§ 6-2. Effect of charter on obligations, taxes and legal acts.
All official bonds, recognizances, obligations, contracts and other
instruments entered into or executed by or to the city before the adoption of
this charter, and all taxes, special assessments, fines, penalties, forfeitures
incurred or due or owing to the city, shall be enforced and collected, and
all writs, imposed, prosecutions, actions and causes of action, except as
herein otherwise provided, shall continue without abatement and remain
unaffected by this charter; and no legal act done by or in favor of the city
shall be rendered invalid by its adoption of this charter.
§ 6-3. Effect of adoption of charter on ordinances, etc.
Ordinances, resolutions, orders or other regulations of the city, existing at
the time of adoption of this charter, shall continue in full force and effect
until repealed, modified or superseded.
§ 6-4. Existing organization to continue until superseded.
Until superseded under this charter, the organization of the executive and
administrative departments, and the powers and duties of the officers and
employees of the City of Waltham Charter, and the fiscal year of the city
shall remain as constituted at the time of the adoption of this charter; but
the city council may, at any time by ordinance consistent with general laws,
reorganize consolidate or abolish departments, in whole or in part, transfer
the duties, powers and appropriations of one department to another, in
whole or in part, establish new departments, and increase, reduce, establish
or abolish salaries of heads of departments or members of boards. This
section shall not authorize any action which is in conflict with chapter thirtyone
of the General Laws.
§ 6-5. Officials to expedite transition to adopted plan.
The mayor, the city council, and the city clerk in office when any plan
set forth in this charter has been adopted, or is proposed for adoption,
shall comply with all requirements of this charter relating to such proposed
adoption and to the election of the officials specified in said plan, in order
that all things necessary for the nomination and election of the officials first
to be elected under the provisions of this charter and of the plan so adopted
may be done.
§ 6-1 CHARTER § 6-5
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ARTICLE 7
Initiative and Referendum Petition
§ 7-1. Initiative petition, measure defined.
A petition conforming to the requirements hereinafter provided and
requesting the city council to pass a measure, except an order granted
under section seventy or section seventy-one of chapter one hundred and
sixty-four or chapter one hundred and sixty-six of the General Laws or
requesting the school committee to pass a measure, therein set forth or
designated, shall be termed an initiative petition, and shall be acted upon as
hereinafter provided. In this and the seven (7) following sections, "measure"
shall mean an ordinance passed or which could be passed by the city council
or a resolution, order or vote passed or which could be passed by the city
council, or a resolution, order or vote passed or which could be passed by
the school committee, as the case may be.
§ 7-2. Initiative petitions, validity of signatures, filing, certification.
Signatures to initiative petitions need not be all on one (1) paper. All
such signature papers pertaining to any one (1) measure shall be fastened
together and shall be filed in the office of the city clerk as one (1)
instrument, with the endorsement thereon of the names and addresses of
three (3) persons designated as filing the same. With each signature to the
petition shall be stated the place of residence of the signer, giving the street
and number, if any.
Within seven (7) working days after the filing of said petition the registrars
of voters shall ascertain the number of registered voters who have signed
the petition, shall determine the percentage which that number bears to
the total number of registered voters in the city as of the last state election
and shall attach to the petition their certificate showing the results of their
examination.
The city clerk shall forthwith transmit the said certificate with the said
petition to the city council or to the school committee, according as the
petition is addressed, and at the same time shall send a copy of said
certificate to the first ten (10) persons designated on the petition as filing
the same.
When such certificate has been so transmitted, said petition shall be
deemed to be valid unless written objections are made thereto by a
registered voter of the city within forty-eight (48) hours after such
certification by filing such objections with the city council or the school
committee, and a copy thereof with the registrars of voters. A copy of
the objections so filed shall forthwith be transmitted to the state ballot
law commission which shall hold a public hearing on said objections, shall
render a decision on the matter referred to it within fourteen (14) days
after the objections were filed and transmit a copy of its decision to the city
council or the school committee.
§ 7-1 CHARTER § 7-3
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§ 7-3. Initiative petition, requirements for passage and submission
to electorate; date of election.
If any initiative petition is signed by registered voters equal in number to at
least fifteen (15) per cent of the whole number of registered voters, the city
council or the school committee shall, within twenty (20) days after the date
of the certificate of the registrars to that effect:
§ 7-4. Procedure if initiative petition has fewer signatures.
If an initiative petition is signed by registered voters equal in number to at
least eight (8) per cent but less than fifteen (15) per cent of the total number
of registered voters, and said measure be not passed without alteration
within twenty (20) days by the city council or the school committee, as
provided in the preceding section, such proposed measure, without
alteration shall be submitted by the city clerk to a vote of the registered
voters of the city at the next regular municipal election. A proposed
measure under this section or section 7-3 shall become effective if it shall
be approved by registered voters of the city equal in number to one-third
of the whole number thereof and also by a majority of the voters voting on
such measure, but not otherwise.
§ 7-5. Contents of ballot for proposed measure.
The ballots used when voting upon a proposed measure under section 7-3
or section 7-4, or a measure of part thereof protested against under the
following section, shall state the nature of the measure in terms sufficient
to show the substance thereof.
§ 7-6. Referendum petition; effect on final passage.
If within twenty (20) days after the final passage of any measure, except a
revenue loan order, by the city council or by the school committee, a petition
signed by registered voters of the city, equal in number to at least twelve
(12) per cent of the total number of registered voters as of the last state
election, and addressed to the city council or to the school committee, as
the case may be, protesting against such measure or any part thereof taking
effect, is filed with the city clerk, the same shall thereupon and thereby be
A. Pass said measure without alteration, subject to the referendum vote
provided by this charter, or
B. The city council shall call a special election to be held on a Tuesday
fixed by it not less than forty-five (45) nor more than sixty (60) days
after the date of the certificate hereinbefore mentioned, and shall
submit the proposed measure without alteration to a vote of the
registered voters of the city at that election; provided, if the regular
municipal election is otherwise to occur within one hundred and twenty
(120) days after the date of said certificate, the city council may, at its
discretion, omit calling the special election and submit the proposed
measure to the voters at such approaching election.
§ 7-3 WALTHAM CODE § 7-6
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suspended from taking effect; and the city council or the school committee,
as the case may be, shall immediately reconsider such measure or part
thereof; and if such measure or part thereof is not entirely rescinded, the
city clerk shall submit the same, by the method herein provided, to a vote
of the registered voters of the city, either at the next regular municipal
election, or at a special election which may, in its discretion, be called for
the purpose, and such measure or part thereof shall forthwith become null
and void unless a majority of the registered voters voting on the same at
such election vote in favor thereof.
The petition described in this section shall be termed a referendum petition
and section 7-2, with the exception of the last paragraph, shall apply to
the procedure in respect thereto, except that the words "measure of part
thereof protested against" shall for this purpose be understood to replace
"measure" in said section wherever it may occur, and "referendum" shall be
understood to replace the word "initiative" in said section.
§ 7-7. Submission of proposed measure to voters.
The city council may, of its own motion, and shall, upon request of the school
committee if a measure originates with that committee and pertains to the
affairs under its administration, submit to a vote of the registered voters of
the city for adoption or rejection at a regular or special municipal election
any proposed measure, or a proposition for the repeal or amendment of
any measure. A proposed measure under this section or section 7-3 shall
become effective if it shall be approved by registered voters of the city equal
in number to one-third of the whole number thereof and also by a majority
of voters voting on such measure, but not otherwise.
§ 7-8. Measures with conflicting provisions.
If two (2) or more proposed measures passed at the same election contain
conflicting provisions, only the one receiving the greater number of
affirmative votes shall take effect.
§ 7-6 CHARTER § 7-8
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ARTICLE 8
General Provisions
§ 8-1. Oath of office, time of taking.
On the first Sunday in January following a regular municipal election, at
one o'clock post meridian in the afternoon, the mayor-elect, the councillorselect,
and school committee memberselect, shall meet and be sworn to the
faithful discharge of their duties. The oath may be administered by the city
clerk or by a justice of the peace, and a certificate thereof shall be entered
in the journal of the city council. At any regular council meeting thereafter
the oath may be administered in the presence of the city council to the
mayor, or to any councillor or school committee member absent from the
meeting on the first Sunday in January.
§ 8-2. Primaries and caucuses prohibited.
No primary or caucus for municipal officers shall be held. Candidates for
mayor, city council, school committee, shall be nominated in accordance
with section six of chapter fifty-three of the General Laws.
§ 8-3. Public contracts prohibiting public employees from having
financial interest in, penalty.
No mayor or member of the city council or school committee and no officer
or employee of the city shall directly or indirectly make a contract with
the city, or receive any commission, discount, bonus, gift, contribution or
reward from or any share in the profits of any person making or performing
such contract, unless the mayor, such member, officer, or employee,
immediately upon learning of the existence of such contract, or that such
contract is proposed, shall notify in writing the mayor, city council or school
committee of the nature of his interest in such contract and shall abstain
from doing any official act on behalf of the city in reference thereto. In
case of such interest on the part of an officer whose duty it is to sign such
contract on behalf of the city, the contract may be signed by any other
officer of the city duly authorized thereto by the mayor or if the mayor has
such interest by the city clerk; provided, that when a contractor with the
city is a corporation or a voluntary stock association, the ownership of less
than five (5) per cent of the stock or shares actually issued shall not be
considered as involving an interest in the contract within the meaning of
this section, and such ownership shall not affect the validity of the contract
unless the owner of such stock or shares is also an officer or agent of the
corporation or association, or solicits or takes part in the making of the
contract.
A violation of any provision of this section shall render the contract in
respect to which such violation occurs voidable at the option of the city. Any
person violating the provisions of this section shall be punished by a fine of
not more than one thousand dollars ($1,000.00) or by imprisonment for not
more than one (1) year, or both.
§ 8-1 CHARTER § 8-4
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§ 8-4. Purchase or taking of land by city.
The mayor, with the approval of the city council, may, in the name of
the city, purchase or take by eminent domain, under chapter seventynine
of the General Laws, any land within its limits for any municipal
purpose. Whenever the price proposed to be paid for land for any municipal
purpose is more than twenty-five (25) per cent higher than its average
assessed valuation during the previous three (3) years the land shall not
be purchased, but shall be taken as aforesaid. No land shall be taken
or purchased until an appropriation by loan or otherwise for the general
purpose for which land is needed has been made by the city council, by a
two-thirds vote of all its members; nor shall a price be paid in excess of
the appropriation, unless a larger sum is awarded by a court of competent
jurisdiction. All proceedings in the taking of land shall be under the advice
of the law department, and a record thereof shall be kept by said
department.
§ 8-5. Failure to fill vacancy.
When a vacancy occurs, for whatever reason, on a municipal multiplemember
board whose members are subject to city council approval, the
mayor shall submit to the city council the name of a person to fill such
vacancy as soon as possible. If the mayor does not submit a name within
ninety (90) days after such a vacancy occurs, the city council shall submit
names forthwith to the mayor who shall select one (1) of the names
submitted or a person of his own choosing for the vacancy within fifteen
(15) days.
§ 8-6. Capital improvement program.
§ 8-7. Adoption or change of zoning ordinance.
Adoption or change of the zoning ordinance of the city may be initiated
by the submission to the city of a proposed zoning ordinance by the city
council, by the board of appeals, by an individual owning land to be affected
by change or adoption, by ten (10) registered voters in the city, by the board
of survey and planning, by a regional planning agency or by one (1) or more
individual city councillors.
A. Submission. The mayor shall prepare and submit to the city council a
five-year capital improvement program at least six (6) months prior to
the last day of each fiscal year.
B. Contents. The capital improvement program shall include: (1) a clear,
concise summary of its contents; (2) a list of all capital improvements
proposed to be undertaken during the next five (5) fiscal years with
supporting data; (3) cost estimates, method of financing, and
recommended time schedules; (4) the estimated annual cost of
operating and maintaining the facilities included; (5) a listing of all
sources and amounts of revenue. The above information shall be
revised and extended each year.
§ 8-4 WALTHAM CODE § 8-7
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Section 2. The state secretary shall cause to be placed on the official ballot
to be used in the city of Waltham at the biennial state election in the year
nineteen hundred and eighty-six the following question:
"Shall an act passed by the General Court in the year nineteen hundred and
eighty-six, entitled 'An Act providing for a charter for the City of Waltham'
be accepted?" If a majority of the votes cast in answer to said question is in
the affirmative, this act shall take effect, but not otherwise.
Passed to be enacted, House of Representatives, June 12, 1986.
Passed to be enacted, in Senate, June 13, 1986.
Approved, Michael S. Dukakis, Governor, June 24, 1986.
§ 8-7 CHARTER § 8-7
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