The inhabitants of Cambridge, within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name “City of Cambridge”.

This document shall be known and may be cited as the “Cambridge Charter.”

All legislative powers of the city shall be vested in a city council. The administration of all city fiscal, prudential, and municipal affairs shall be vested in an executive branch headed by a city manager appointed by the city council.

Subject only to express limitations on the exercise of any power or function by a municipal government in the Massachusetts constitution or General Laws, it is the intention and the purpose of the voters of Cambridge, through the adoption of this charter, to secure for themselves and their government all of the powers it is possible to secure as fully and as completely as though each power were specifically and individually enumerated in this charter.

The powers of Cambridge under this charter are to be construed liberally in favor of the city, and the specific mention of any particular power is not intended to limit the general powers of the city as stated in the Cambridge Charter. To the extent that any provision of this charter shall conflict with any special act or general law adopted by the city, the provision of this charter shall prevail.

Subject only to express limitations in the constitution or general laws of the Commonwealth, Cambridge may exercise any of its powers or perform any of its functions, and may participate in their financing, jointly or in cooperation, by contract or otherwise, with the Commonwealth or any agency or political subdivision of the Commonwealth, or with the United States government or any of its agencies. The City Council shall in the performance of their duties consider intergovernmental and regional relations.

[to be filled in]

a) Composition - There shall be a city council of nine members nominated and elected by the municipal voters at large by proportional representation as provided in Article 7. The city council shall exercise the legislative powers of the city.

(b) Term of Office - City councillors shall be elected for terms of two years each beginning on the first Monday of January in the year following their election, except when that first Monday falls on a legal holiday, then the term shall begin on the following day, and until successors have been qualified.

(c) Eligibility - Any registered municipal voter over the age of 18 shall be eligible to hold the office of councillor. If a councillor moves from the city during the councillor’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 2-14. The city council shall determine whether a councillor has moved from the city.

Except as otherwise provided by law or by this charter, all powers of the city shall be vested in the city council that shall provide for their exercise and for the performance of all duties and obligations imposed on the city by law.

(a) Election and Term - As soon as practical after the councillors-elect have been qualified following each regular city election, as provided in Article 7, the members of the city council shall elect from among its members a president/chair/mayor and vice president/vice chair/vice mayor, who shall serve for a 2-year term. The method of election of the president/chair and vice-president/vice-chair shall be determined by City Council rules. The member of the city council senior in length of consecutive service shall perform the duties of president/chair until members elect a president/chair/mayor.

(b) Powers and Duties - The following shall be the powers and duties of the council president/chair/mayor:

i. Head of the city - The council president/chair/mayor shall be recognized as the official head of the city for all ceremonial purposes and shall be recognized by the courts for the purposes of serving civil process.

ii. Presiding officer of the council - The council president/chair/mayor shall be the presiding officer of the city council. The council president/chair/mayor shall have no power of veto but shall have the same powers as any other member of the city council to vote upon all measures before it.

iii. Appointment of committees - The council president/chair/mayor shall appoint members of, and oversee, all committees of the council, whether standing or ad hoc.

iv. Goal-Setting – The council president/chair/mayor shall coordinate, with the council, the development and prioritization of both short- and long-term council goals to support a strategic vision for the city, as provided for in section 2-11 at the beginning of each council term.

v. State of the city - The council president/chair/mayor shall annually, together with the city manager, address the city council, school committee, officers of the city, and the public on the state of affairs of the city.

vi. Other duties - The council president/chair/mayor shall perform such other duties consistent with the office as may be provided by charter, by ordinance, or by vote of the city council.

vii. Member of the school committee - The council president/chair/mayor shall serve as a member of the school committee and shall update the council regularly on school committee matters.

(c) Temporary absence - During a temporary absence of the president/chair/mayor, the duties of president/chair/mayor shall be performed by the vice president/vice chair. If there shall be neither a president/chair/mayor nor a vice president/vice chair, the member of the city council senior in length of consecutive service shall perform the duties of president/chair/mayor until there is no longer an absence.

(d) Permanent Vacancy - If there is a permanent vacancy in the office of president/chair/mayor or vice president/vice chair, the city council shall elect by majority vote one of its members to fill such office for the unexpired term. The member of the city council senior in length of consecutive service shall perform the duties of president/chair/mayor until members elect a president/chair/mayor.

There is still some discussion about a proposal to extend City Council terms to 4 years terms, elected by proportional representation, with 5 councillors elected in one cycle and 4 councillors elected in the next cycle - two years later.

It is important to note that this would significantly change to election quota from ~10% of the total vote to ~16.7% in the first cycle (A) and 20% in the second cycle (B).

Furthermore, councillors elected in different cycles would not be in competition. This may lead to those elected in cycle B being “clones” of those elected in cycle A.

Except as otherwise provided by the charter and permitted by the Massachusetts General Laws, no member of the city council shall hold any other compensated city position. No former member of the city council shall hold any compensated appointed city position until 1 year following the date on which the former member's service on the city council has terminated unless such appointment is affirmed by six (6) members of the city council. This section shall not prevent a city employee who vacated a position to serve as a member of the city council from returning to the same position upon the expiration of the term for which that person was elected.

(a) Salary - The president/chair/mayor and the members of the city council shall receive for their services such salary as the city council shall determine by ordinance, 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.

(b) Expenses - Subject to appropriation, the council members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties.

(a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative powers of the city council may be exercised in a manner determined by the city council.

(b) Quorum - A majority of all the members elected to the city council shall constitute a quorum. Except as otherwise provided by General Laws or by this charter, the affirmative vote, taken by a roll call vote, of a majority of members of the city council shall be required to adopt any ordinance, order, resolution, or vote, except that the affirmative vote of a majority of the members present shall be sufficient to adjourn any meeting of the city council.

(c) Rules - Rules for operation of City Council shall be established by City Council at the beginning of each term.

(a) City Manager - The city council shall appoint a city manager as provided for in Section 3-1.

(b) City Auditor - The city council, by the affirmative vote of a majority of members, shall appoint a city auditor for an indefinite term of office. The city auditor shall be appointed solely based on professional qualifications and experience. The city auditor shall keep and have charge of the accounts of the city and shall from time to time audit the books and accounts of all city agencies. The city auditor shall have such other powers and duties as provided for auditors and accountants by general laws and such additional powers and duties as may be provided by the charter, by ordinance, or by any other vote of the city council.

(c) City Clerk - The city council, by the affirmative vote of a majority of members, shall appoint a city clerk The city clerk shall be appointed solely based on qualifications and experience. The city clerk shall have such powers and duties as provided for clerks by general laws and such additional powers and duties as may be provided by the charter, by ordinance, or by any other vote of the city council.

(d) Clerk of the Council - The city council, by the affirmative vote of a majority of members, shall appoint a clerk of the council, who may be the city clerk. The clerk of the council shall give notice of its meetings to its members and to the public, keep the journal of its proceedings, and perform such other duties as may be provided by ordinance or by other vote of the city council.

(e) Salaries - The officers appointed under Section 2-7 shall receive such salaries as set by ordinance.

(f) Supervision, discipline, and removal of city council employees - The council president/chair/mayor shall be responsible for supervision of any employee appointed by city council, including the city auditor and clerk of the council. The council president/chair/mayor shall be able to impose discipline up to and including an unpaid suspension of not more than five days. However, removing an employee appointed by city council shall require an affirmative vote of at least six council members.

There is currently a proposal to have the City Solicitor be appointed by the City Council.

(a) Department heads – Prior to posting and beginning the search for a department head position, the city manager shall meet with the city council to discuss priorities for the department and desirable qualifications and qualities of candidates for the position.

(b) Multiple-member bodies - The city manager shall refer to the city council and simultaneously file with the clerk the name of each person the city manager desires to appoint or reappoint as a member of a multiple-member body. Appointment of a member of a multiple-member body made by the city manager will be effective upon a majority vote of the city council, which vote shall occur within 45 days after the date on which notice of the proposed appointment was filed with the city clerk. The appointment may be approved or rejected by a majority of the full city council before 45 days. An appointment or reappointment shall take effect if the city council fails to act within those 45 days.

(a) There is a proposal, not yet voted, that appointment of department heads would be subject to City Council approval.

(b) replaces Section 105

(a) In general - The city council may make inquiry into the affairs of the city and into the conduct and performance of any city agency.

(b) Information requests:

i. City manager - The city council may, at any time, request from the city manager specific information on any municipal matter within its jurisdiction and may request the manager to be present to answer written questions relating thereto at a meeting to be held not earlier than seven (7) days from the date of receipt by the city manager of said questions. The city manager 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 questions relating to any other matter. The city manager may attend and address the city council in person or through the head of a department or a member of a board, on any subject and at any time.

ii. Department Heads, Chair of Multiple-Member Bodies - The city council may require the chair of a multiple-member body or a city department head, through the city manager, to appear before the city council to give any information that the city council may require in relation to the municipal services, functions and powers, or duties which are within the scope of responsibility of that person and not within the jurisdiction of the school committee. The city council shall give a minimum of seven (7) days’ notice to a person it may require to appear before it under this section. Notice shall be in writing. The notice shall include specific questions on which the city council seeks information, and no person called to appear before the city council under this section shall be required to respond to any question not relevant or related to those questions presented in advance and in writing. The city manager shall receive a copy of any notice issued under this section at the same time as the person who is requested to appear before the council.

(a) Emergency Ordinances - No ordinance shall be passed finally on the date it is introduced, except in cases of special emergency involving the health or safety of the people or their property. No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in a preamble to such ordinance, separately voted upon, and receiving the affirmative vote of a majority of members present. No ordinance making a grant, renewal, or extension, whatever its kind or nature, of any franchise or special privilege of any kind or nature, shall be passed as an emergency measure, and except as provided in General Laws Chapter 166, Sections 70 and 71, no such grant, renewal or extension shall be made otherwise than by ordinance. An emergency measure shall become effective upon adoption or at such later time as it may specify.

(b) General Measures - Every adopted measure shall become effective upon adoption or at such later time as it may specify. An ordinance shall not be amended or repealed except by the same process by which it was adopted.

(c) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city council, a single member present may object to the taking of the vote, and postpone the vote until the next regular or special meeting of the city council. If two or more present members object, the vote shall be postponed until the next regular meeting. This procedure shall not be used more than once for any specific matter regardless of whether it has been amended. A charter objection shall have privilege over all motions but shall be raised prior to or at the call for a vote by the presiding officer and all debate shall cease. The charter objection process shall not apply to emergency measures as defined in this section.

(d) Publication - Every proposed ordinance, or loan order, except emergency ordinances and revenue loan orders, shall be published once in full in at least one local newspaper, on the city website, and in any additional manner as may be provided by ordinance, at least ten days before its final passage. After final passage, the ordinance as amended and completed, shall again be published once in the manner provided above, except as follows. If any ordinance or proposed ordinance, or codification thereof, shall exceed in length eight pages of ordinary book print, then there shall be no requirement to advertise as provided above if the same is published by the city council in a municipal bulletin or printed pamphlet or on the city website, but otherwise in conformity with said provisions, except for zoning ordinances or amendments thereto, a summary of which shall be published at least two times in a local newspaper and on the city website. The publication of such zoning summaries shall include a statement indicating where copies of the ordinance may be examined and obtained and a statement that claims of invalidity by reason of any defect in the procedure of adoption may only be made within ninety days after the posting or the second publication. Emergency ordinances shall be published at the earliest practicable moment.

(a) At the beginning of each council term, within the first six months, the council shall develop council goals for the upcoming term, in consideration of previous council goals and the strategic needs and vision of the city.

(b) The council shall seek input from the city manager, department heads, multi-member bodies, and the public in the development of council goals.

(c) The council shall consider intercity and regional issues in the development and prioritization of council goals and strategic vision.

(d) The council may develop both short- and long-term goals. To the extent practicable, goals shall be measurable, include timelines for implementation, and relevant budget requirements.

(e) The council shall establish a broad public engagement process to incorporate public input into development of council goals. This shall include at least two public hearings at which public comment is accepted and such additional outreach efforts as the councils deems appropriate. The goal-setting and public engagement process under this section shall be publicized via multiple media avenues available to the city, including on its website, social media pages, and through direct electronic communications. The council shall also review the results of any city-wide surveys or other public engagement tools undertaken in the prior term.

(f) The council shall publish its goals for the term in multiple media avenues available to the city, including on its website, social media pages, council newsletters and through direct electronic communications.

(g) The council shall establish a public method of tracking progress in meeting the established goals.

The city council shall conduct an annual review of the city manager as provided in section 3-1(e).

replaces Section 116(a)

Except as provided in this section, a vacancy in any elective body shall be filled in the manner provided in section thirteen of chapter fifty-four A. If, under said section, no regularly nominated candidate of the city council or school committee remains, the vacancy shall be filled for the unexpired term by a majority vote of the remaining members, except that if the remaining members fail to fill such vacancy within thirty days after they shall have been notified by the city clerk that such vacancy exists, such vacancy shall be filled by the appointment of any qualified voter of the city by the mayor, or, if there is no mayor, by the vicechairman, or if there is no mayor or vice-chairman, by the member of the council or of the school committee, as the case may be, senior in length of service, or, if more than one have so served, then the member senior both in age and length of service.

(a) Appointment - The city council shall appoint a city manager who shall be sworn to the faithful performance of the duties and who shall be the chief executive officer of the city and shall be responsible for the administration of all departments, multiple member bodies, commissions, boards, and officers of the city, except those employees appointed by city council, the school committee, and any official appointed by the governor or elected official.

(b) Qualifications and Eligibility - The city manager shall be appointed on the basis of administrative and executive qualifications only and need not be a resident of the city or commonwealth when appointed. No member of the city council shall, during their term of office, be chosen as city manager, and no person who has within two years been elected to or served in any elective office in the city shall be chosen as city manager.

(c) Term of Office - The city manager shall hold office at the pleasure of the city council. The city council shall enter into an employment agreement with the city manager for a term not to exceed five (5) years; the city manager may, however, serve consecutive successive terms upon a vote by city council to renew or extend the employment agreement. The terms of the employment agreement shall be consistent with the provisions of this charter.

(d) Compensation - The city manager shall receive such compensation as the city council shall fix by contract. The city manager shall not receive any other compensation from the city other than that fixed by city council.

(e) Evaluation – Annually the city council shall prepare and deliver to the city manager a written review of the city manager’s performance in a manner provided by ordinance. This review shall include specific metrics related to council goals outlined in Section 2-11. The council shall provide opportunities for public participation throughout the review process.

(f) Goal-setting – The city council and city manager shall collaboratively develop and prioritize goals for the city manager that shall be used to measure the city manager’s performance during the evaluation process and to provide guidance to the city manager. These city manager goals shall take into account the council’s goal set pursuant to Section 2-11.

The city manager shall be the chief executive officer of the city and shall be responsible to the city council for the proper administration of all city affairs placed under the city manager’s charge by or under the charter. The city manager shall be responsible for implementation of policies established by the city council, as reflected in the city council's votes and resolutions and in ordinances, appropriation orders, and loan authorizations.

The powers and duties of the city manager shall include, but are not intended to be limited to, the following:

General:

a) Supervise, direct, and be responsible for the efficient administration of all city activities placed under the manager’s control by the charter, by ordinance, or otherwise, including all officers appointed by the manager and their respective agencies.

b) Be responsible for the coordination of the activities of all agencies under their control with the activities of all other city agencies, including those elected by the voters of Cambridge and those appointed by other elected officials.

c) Ensure that all the provisions of the General Laws, the city charter, city ordinances, and other votes of the city council that require enforcement by the manager or by officers or employees subject to the manager’s supervision are faithfully carried out and enforced.

d) Be responsible for the establishment and ongoing maintenance of a centralized public tracking tool to provide city residents with information about: 1) proposed and enacted council ordinances and council approved policy orders; 2) status of proposed council measures, including policy orders; and 3) the status of actions taken by the executive branch to implement measures that have been approved by city council.

e) Make such recommendations, from time to time, to the city council that, in the manager's judgment, are deemed necessary or desirable.

f) Determine the existence of a public emergency or danger and shall assume responsibility for the maintenance of public safety, public order, and enforcement of laws. The manager shall notify the council president as soon as practical, but within 24 hours, of such a public emergency or danger and of the actions taken. Should the public emergency continue more than 24 hours, the city council may meet to review, ratify, or terminate said public emergency.

g) Authorize any subordinate officer or employee to exercise any power or perform any function that the city manager is authorized to exercise or perform, provided, however, all acts performed under any such delegation shall be deemed to be the acts of the city manager.

h) Pursuant to section 3-3, appoint all members of multi-member bodies for whom no other method of appointment is provided by General Law, the charter, ordinance, or city council resolution. Appointments made by the city manager to multi-member bodies shall be subject to confirmation by the city council, as provided by ordinance.

Appointment, personnel, hiring, and bargaining

i) Pursuant to section 3-3, appoint, and may remove, subject to the civil service law and any collective bargaining agreements as may be applicable, all department heads, city officers, and employees of city agencies under the direction and supervision of the city manager. Prior to posting and beginning the search for a department head position, the city manager shall meet with the city council to discuss priorities for the department and desirable qualifications and qualities of candidates for the position.

j) Administer personnel related matters, including bargaining with municipal employees, and fix the compensation of all municipal employees appointed by the manager within the limits established by appropriation and any ordinance or collective bargaining agreement.

k) Inquire at any time into the conduct of office of any officer, employee, or department under the City Manager’s supervision.

Financial:

l) Prepare and submit an annual operating budget under the policy guidance of, and taking into account the goals set by, the council.

m) Assure that a full and complete record of the financial and administrative activities of the city is kept and shall render a complete written report to the city council at the end of each fiscal year and at such times as the city council may reasonably require.

n) Execute contracts, subject to such prior city council approval as may be prescribed by ordinance.

Property, facilities, and procurement:

o) Have full jurisdiction over the rental and use of all city facilities, except school buildings and grounds. The City Manager shall be responsible for the maintenance and repair of all city-owned property, including, if authorized by an ordinance establishing a central city maintenance department, school buildings and grounds.

p) Ensure that a full and complete inventory of all property owned by the city, both real and personal, is kept.

q) Execute all deeds conveying city real property, but that any such conveyance shall have been previously authorized by the vote of the city council pursuant to the applicable provisions of the General Laws.

r) Publish an annual report comprising the complete statistical record of the operations of every city department, commission, and committee for the preceding year. Said report shall be published annually and made available for distribution to the public not later than four months after the end of the period on which the report is based.

s) Be responsible for city government communications, including, but not limited to, developing a timely and comprehensive communication strategy, coordinating the announcements and messages from department heads, communicating regularly, via all available media avenues, with residents, ensuring that all aspects of the city's website are kept up to date, and soliciting recommendations for greater communication from residents.

Additional duties:

u) Perform such other functions as necessary or as may be assigned to the office of city manager by the General Laws, by this charter, by ordinance or other vote of the city council, or otherwise.

The city manager shall make all appointments and removals in the departments, multi-member bodies and offices of the city for whose administration the city manager is responsible, except as otherwise provided in this charter.

(a) Department Heads – the city manager shall appoint, and may remove, subject to the civil service law and any collective bargaining agreements as may be applicable, all department heads, city officers, and employees of city agencies under the direction and supervision of the city manager. Prior to posting and beginning the search for a department head position, the city manager shall meet with the city council to discuss priorities for the department and the desirable qualifications and qualities of candidates for the position.

(b) Multiple Member Bodies – the city manager shall appoint all members of multi-member bodies for whom no other method of appointment is provided by general law, the charter, ordinance, or city council resolution. Appointments made by the city manager to multi-member bodies shall be subject to confirmation by the city council, as provided by ordinance.

c) Notification to city council - The city manager shall report every appointment and vacancy of department heads made to the city council at the next meeting thereof following such appointment or vacancy. The city manager may authorize the head of a city agency, for whose administration the city manager is responsible, to appoint and remove subordinates in such city agency, subject to the provisions of this charter.

(d) Interference by City Council Prohibited – Except as provided in Section 2-7 and by this charter, neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or their removal from, office by the city manager or any of their subordinates, or in any manner take part in the appointment or removal of officers and employees in that portion of the service of said city for whose administration the city manager is responsible. Except as otherwise provided by this charter, the city council and its members shall not give orders to any subordinate of the city manager either publicly or privately and shall direct all requests for service through the city manager. Nothing in this section shall prevent city council or its members from discussing matters generally with city staff, presuming the city manager is kept informed.

(a) Temporary absence - The city manager shall, by letter filed with the city council and a copy filed with the city clerk, designate a qualified city officer, department head or administrative employee to exercise the powers and perform the duties of the office during temporary absence. During the first ten working days of a temporary absence of the city manager, the city council may revoke such designation by a two-thirds vote and, after the expiration of ten working days, by a majority vote, whereupon it may appoint another qualified city officer, department head or employee to serve as acting city manager until the city manager shall return and resume the manager's duties.

(b) Vacancy - Any vacancy in the office of city manager shall be filled as soon as possible by the city council, but pending such appointment the city council shall designate a qualified city officer, department head, administrative employee, or former city manager to exercise the powers and perform the duties of the city manager on an acting basis. The appointment of an acting city manager shall be for a term not to exceed four (4) months; provided, however, one renewal, not to exceed a second four (4) months, may be permitted.

(c) Powers and Duties -The powers of a temporary or acting city manager shall be limited to matters not admitting of delay; provided, however, no temporary city manager under (a) above shall have authority to make permanent appointments or removals to department head positions.

Before the city manager may be removed prior to the end of the contract term, the city manager shall have the right to be heard publicly at a meeting of the city council prior to the final vote on the question of removal, but before and during such hearing the city council may suspend the city manager from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the city council.

(a) Composition - There shall be a school committee which shall consist of six members who shall be nominated and elected by the municipal voters of the city at large.

(b) Term of Office - The term of office for the elected school committee members shall be 2 years, beginning on the first Monday in January after the election, except when that first Monday falls on a legal holiday, then the term shall begin on the following day and until the successors have been qualified.

(c) Eligibility - Any registered municipal voter over the age of 18 shall be eligible to hold the office of school committee member. If a school committee member moves from the city during the member’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 4-6. The school committee shall determine whether a member has moved from the city.

(a) Chair and Vice Chair- As soon as practical after the school committee members-elect have been qualified following the regular city election, the school committee shall organize by electing one of the persons elected as a member of the school committee to serve as school committee chair and one member to serve as vice-chair.

(b) Duties - The school committee chair shall preside at all meetings of the school committee, regulate its proceedings, and shall decide all questions of order. The school committee chair shall appoint all members of all subcommittees of the school committee, whether special or standing. The school committee chair shall have the same powers to vote upon all measures coming before the school committee as any other member of the school committee. The school committee chair shall perform the duties consistent with the office and as provided by this charter or by vote of the school committee. The school committee vice-chair shall preside in the absence of the school committee chair.

No member of the school committee shall hold any other compensated city position. No former member of the school committee shall hold any compensated appointed city office or city employment until 1 year following the date on which that member's service on the school committee terminated. This section shall not prevent a city officer or other city employee who has vacated a position in order to serve as a member of the school committee from returning to the same office or other position of city employment held at the time the position was vacated; provided, however, no such person shall be eligible for any other municipal position until at least 1 year following the termination of service as a member of the school committee.

(a) Compensation - The city council may, by ordinance, establish an annual salary for the elected members of the school committee. No ordinance increasing or reducing the salary of elected members of the school committee shall be effective unless it has been adopted by a two-thirds vote of the full city council. No ordinance increasing the salary of the elected members of the school committee shall be effective unless it has been adopted during the first 18 months of the term for which elected school committee members are elected and unless it provides that the salary increase is to take effect upon the organization of the city government following the next regular city election.

(b) Expenses - Subject to appropriation, the school committee members shall be entitled to reimbursement of their actual and necessary expenses in the performance of their duties. The actual and necessary expenses shall be defined in the rules and regulations of the school committee.

The school committee shall have all powers which are conferred on school committees by the General Laws and the additional powers and duties provided by charter, ordinance, or otherwise and not inconsistent with the General Laws. The powers and duties of the school committee shall include:

(a) selecting and removing a superintendent of the schools who shall be charged with the administration of the school system, subject only to policy guidelines and directives adopted by the school committee and, upon the recommendation of the superintendent, to establish and appoint assistant or associate superintendents as authorized by the General Laws;

(b) making all reasonable policies, rules, and regulations for the management of the public school system and for conducting the business of the school committee as deemed necessary or desirable; and

(c) adopting and overseeing the administration of an annual operating budget for the school department, subject to appropriation by the city council; provided, however, that the school committee shall have general charge and superintendence of all school buildings and grounds and shall furnish all school buildings with proper fixtures, furniture and equipment; provided further, that the school committee shall provide ordinary maintenance of all school buildings and grounds, unless a central municipal maintenance department, which may include maintenance of school buildings and grounds, is established; provided further, that whenever the school committee shall determine that additional classrooms are necessary to meet the educational needs of the community, at least 1 member of the school committee, or a designee of the school committee, shall serve on the agency, board or committee for the planning or construction of the new, remodeled or renovated school building.

In all occurrences of a vacancy, the city clerk shall notify the school committee and the chairperson of the election commission of the vacancy within 7 days. Within 7 days after notification, the chairperson of the election commission or a designee shall certify, in writing, to the city clerk the name of the defeated candidate for the office of school committee with the next highest number of votes at the municipal election at which school committee were elected for the term in which the vacancy occurs. If the person is eligible and willing to serve, the city clerk shall administer the oath of office to the person within 15 days after certification and the person shall serve. If the person who is eligible declines the office, is not eligible and willing to serve, or fails to take the oath of office within the time period set forth in this section, then the person with the next highest number of votes at the election who is eligible and willing to serve shall serve. Where no defeated candidate is eligible and/or willing to serve, the process for filling the vacancy shall be determined by the number of days remaining until the next municipal election.

If a vacancy occurs:

(i) more than 180 days until the next municipal election, there shall be a special election.

(ii) 180 days or less prior to any regular municipal election, then the seat remains vacant until the next regular municipal election.

The organization of the city into operating agencies to provide services and administer the government may be accomplished only through an administrative order submitted to the city council by the city manager. No administrative order may originate with the city council.

The city manager may, subject only to express prohibitions in a general law or this charter, submit proposals to reorganize, consolidate or abolish a city agency, in whole or in part, or to establish a new city agency as is deemed necessary, but no function assigned by this charter to a particular city agency may be discontinued or assigned to any other city agency unless specified by this charter. The city manager may prepare and submit to the city council, administrative orders that establish operating divisions for the orderly, efficient, or convenient conduct of the business of the city. These administrative orders shall be accompanied by a message from the city manager which explains the expected benefits and advises the city council if an administrative order shall require amendments, insertions, revisions, repeal or otherwise of existing ordinances.

Whenever the city manager proposes an administrative order, the city council shall hold 1 or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the public hearing will be held, not less than 7 nor more than 14 days following the publication. An organization or reorganization plan shall become effective at the expiration of 60 days following the date the proposal is submitted to the city council unless the city council shall, by a majority vote, within that 60-day period vote to disapprove the plan. The city council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.

All appointments and promotions of city officers and employees shall be made on the basis of merit and fitness demonstrated by examination, past performance, or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training, and previous work experience to perform the duties of the office or position.

The fiscal year of the city shall begin on July 1 and shall end on June 30, unless another period is required by the General Laws.

At least 60 days before the end of the or calendar year, the president/chair/mayor of the council shall call a meeting of the council prior to the commencement of the budget process, to review the financial condition of the city, revenue and expenditure forecasts, and other information relevant to the budget process. The president/chair/mayor also shall invite the city’s state legislative delegation, representatives of the school committee and other relevant stakeholders to attend this meeting.

Prior to the end of the calendar year, the city council shall develop and publish budgetary priorities that take into consideration the council goals created pursuant to Section 2-11, with input from the city manager and the community. There shall be broad public engagement in diverse formats with opportunities for the public to provide input, including at least one public hearing. The budget developed by the city manager will outline how the proposed budget is consistent with the council’s budgetary priorities.

The “Committee of the Whole” voted unanimously to reject this provision.

At least 60 days before the beginning of the fiscal year, the city manager shall submit to the city council a proposed operating budget for all city agencies, which shall include the school department, for the ensuing fiscal year with an accompanying budget message and supporting documents. The budget message submitted by the city manager shall explain the operating budget in fiscal terms and in terms of work programs for all city agencies. It shall outline the proposed fiscal policies of the city for the ensuing fiscal year, describe important features of the proposed operating budget and include any major variations from the current operating budget, fiscal policies, revenues and expenditures together with reasons for these changes. The proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be in the form the city manager deems desirable; provided, however, that the budget for elected officials shall identify the cost of compensation and the cost of benefits for those officials. The school budget, as adopted by the school committee shall be submitted to the city manager at least 30 days before the submission of the proposed operating budget to the city council. The city manager shall notify the school committee of the date by which the proposed budget of the school committee shall be submitted to the city manager. The city manager and the superintendent of schools shall coordinate the dates and times of the school committee's budget process under the General Laws.

(a) Public Hearing - The city council shall publish a notice of the proposed operating budget as submitted by the mayor. The notice shall state: (i) the times and places where copies of the entire proposed operating budget are available for inspection by the public; and (ii) the date, time and place when a public hearing on the proposed operating budget will be held by the city council, not less than 14 days after publication of the notice.

(b) Adoption of the Budget – No later than the end of the fiscal year the city council shall take definite action on the annual budget, by adopting, amending or rejecting it, provided that the amended version shall not be for a higher total budget than originally proposed, unless otherwise authorized by the General Laws. If the city council fails to act on an item in the proposed operating budget prior to the beginning of the fiscal year, that amount shall, without any action by the city council, become a part of the appropriations for the year and be available for the purposes specified.

(c) Availability of the Operating Budget – In addition to any other posting requirements under law, immediately after the submission of the proposed budget to the city council, the city manager shall post the entire budget document on the city's website. Said proposed budget document shall remain posted during the city council review process contained in this article. After the enactment of the budget, the final adopted budget shall be posted on the city's website and shall remain there throughout the fiscal year for which it is in effect. The final budget document shall reflect any amendments made by the city council and approved by the city manager and shall indicate that it is the final budget of the city.

There is a proposal, not yet voted, that would allow the City Council to increase any department budget by no more than 10%.

There is also pending a proposal to give the City Council the power to add or increase line items in the budget.

(a) Submission - The city manager shall submit a capital improvement program to the city council at least 60 days before the start of each fiscal year. The capital improvement program shall include:

(1) a general summary of its contents;

(2) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting information as to the need for each capital improvement;

(3) cost estimates, methods of financing and recommended time schedules for each improvement; and

(4) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved. This information shall be annually revised by the city manager with regard to the capital improvements still pending or in the process of being acquired, improved or constructed.

(b) Public Hearing - The city council shall publish a notice stating: (i) the times and places where entire copies of the capital improvements program are available for inspection by the public; and, (ii) the date, time and place of a public hearing on the plan to be held by the city council not less than 14 days after publication of the notice.

(c) Adoption - At any time after the public hearing but before the end of the current fiscal year, the city council shall by resolution adopt the capital improvements program, which may be amended, provided that each amendment shall be voted on separately and that an increase in the capital improvements program as submitted shall clearly identify the method of financing to accomplish the proposed increase.

The city council shall annually provide for an outside audit of the books and accounts of the city to be conducted by a certified public accountant or a firm of certified public accountants, which has no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The city manager shall annually provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit as presented to the city manager, in writing, by the city council. The award of a contract to audit shall be made by the city council on or before September 15 of each year. The report of the audit shall be filed in final form with the city council not later than March 1 in the year following its award. At least every 5 years, the city council shall conduct a competitive procurement process to retain these auditing services.

The regular municipal election shall take place on the Tuesday next following the first Monday of November in every even-numbered year.

Proposal to move elections from odd-numbers years to even-numbered years is not currently being considered per vote of the “Committee of the Whole”.

Every citizen and noncitizen who (i) is at least 16 years old, (ii) is not temporarily or permanently disqualified by law because of corrupt practices in respect to elections, (iii) is a resident of Cambridge at the time at the time they register and (iv) has otherwise complied with the requirements of Massachusetts General Laws Chapter 51 may have their name entered on the list of voters in Cambridge and may vote therein in any municipal election.

Proposals for 16-year-old voting and non-citizen voting are not currently being considered per vote of the “Committee of the Whole”.

All members of the city council and the school committee shall be elected at large by proportional representation.

(Revision of language in the repealed MGL Chapter 54A, which is followed by the City of Cambridge with respect to proportional representation voting procedures.)

Any method of counting the voters’ first choices and treating any such choices in excess of the quota may be substituted for the method of counting such choices set forth in this article if the election commission determines that such substitution is advisable, provided that they issue regulations embodying the method so substituted and provided, further, that such regulations shall not be effective with respect to any election unless at least thirty days prior thereto copies of such regulations are available for delivery to such of the voters as may request them.

The city shall treat public engagement as an integral part of effective and trusted governance, not just as an occasional process or activity. The city shall treat engagement as a “multi-channel” endeavor that includes face-to-face meetings, virtual interactions, and other online communications. The departments of city government shall encourage collaboration in public engagement efforts with other government jurisdictions and authorities, anchor institutions, community-based organizations, civic groups, and individual residents.

The city shall establish new institutional structures or adapt existing structures to oversee, support, coordinate, track, and measure engagement on an ongoing basis. These structures may include, but are not limited to:

(a) Council committees that include residents and other stakeholders

(b) Departments or administrative positions

(c) Public engagement commissions

(d) Community advisory boards, including boards designated to address the concerns of specific populations

(e) Youth commissions

(f) Participatory budgeting processes and commissions

To ensure public engagement centers on the needs and goals of community members, the city shall uphold the following principles, using them as the basis of public engagement protocols and in the establishment of public engagement structures:

(a) Equity in engagement. Principles of justice, equity, diversity, and inclusion should guide the design and execution of public engagement activities. When engaging community members, city officials should identify and proactively reach out to the community in its full diversity. To ensure that public engagement activities are not attended only by people already active in local government and politics, city officials should regularly recruit residents through face-to-face or personal written invitations, social media requests, and randomized selection methods. Materials should be written in plain, comprehensible English, and should also be translated into the other predominant languages that residents speak and read.

Traditionally excluded and marginalized individuals and communities should be included in ways they themselves identify as authentic and meaningful. City officials should co-design engagement processes with community members to meet the needs of the communities served. Processes should respect a range of values, interests, perspectives, experiences, cultures, and knowledge of those involved.

The city should expect local the organizations and networks it works with to engage their members in equitable and deliberative ways, so that the input received is representative of their constituents.

The city should use an equity lens to evaluate data on impacts of engagement, including costs, benefits, and responsibilities.

(b) Accountability in engagement. There should be meaningful opportunities for community members to bring issues, concerns, and priorities to city officials to influence city policy, ordinances, and actions. Public engagement activities should be designed to appropriately fit the legal authority, scope, character, and potential impact of a policy, program, or project. There should be clarity about process sponsorship, purpose, design, and how the results will be used. The purpose and potential influence of each public engagement process should be known by all participants in advance but should be flexible enough to adapt to changing conditions during implementation.

(c) Transparency in engagement. Communications about public issues and public engagement opportunities should ensure community members can engage effectively. Communications should be made in the predominant languages that residents understand. Participants should have the opportunity to bring and share their own experiences as well as information they have gathered about the issues at hand. Full and complete results should be shared in a manner accessible to the public, and explanations of how the results will be used or how they will influence decisions should be provided to process participants and the broader public.

(d) Accessibility in engagement. Public engagement activities should be broadly accessible in terms of schedule, location, facilities, and information and communication technologies. Schedules should accommodate a variety of participants. Locations should be nearby and reachable via affordable transit, and some engagement activities should be conducted in places where community members already gather regularly. Facilities should be welcoming public spaces and not present physical or cultural barriers to participation. Online engagement opportunities should use technologies that are freely available to residents and attend to barriers people may face, such as: no access to broadband, limited proficiency with technology, and challenges related to deaf-blind accessibility.

(e) Collaboration in engagement. Public engagement efforts should build on and help develop long-term, collaborative working relationships and mutual learning opportunities with residents of all ages, civic groups, organizational partners, and other governments. This may include projectspecific or ongoing community engagement initiatives.

(f) Evaluation of engagement activities. Each public engagement activity and the state of engagement overall should be evaluated through participant feedback, analysis, and learning that is shared publicly and broadly. The ideas, preferences, and/or recommendations contributed by participants should be fully documented and be made available to participants and the broader public. Lessons learned should be applied to future public engagement activities and contribute to the city’s overall engagement plan.

(a) Purpose: In order to expand access to city government generally and include voices not typically heard in decision making, the city council has the authority to establish and maintain one or more Resident Assemblies.

(b) Powers: Notwithstanding any other section of this charter, the city council may, by ordinance, delegate to the Resident Assembly:

(i) The power to issue recommendations on questions posed by the city council and to specify deadlines by which the city council or city manager must publicly respond to the recommendations by hearing or other means.

(ii) The power to determine whether a resident initiative petition commenced under Section 8 should be submitted to the city council or voters as provided in Section 8 notwithstanding the petition’s failure to meet that Section’s procedural requirements.

(iii) The power to issue endorsements or counter-endorsements referencing majority and/or minority opinions of the assembly, for initiatives submitted to the city council or voters, including initiatives that satisfy Section 8’s procedural requirements.

(iv) The power, on its own initiative, to make recommendations or propose draft legislation for review by the city council or voters.

(c) Mandatory Specifications:

(i) The city council shall convene at least one Resident Assembly each council term.

(ii) Any Resident Assembly created pursuant to this section must have the following characteristics:

a) The assembly shall be created via a sortition process to be provided by ordinance and shall be open to all citizen and non-citizen residents over the age of 16.

b) The procedures for selecting membership must include a random lottery such that the Resident Assembly is representative of the city’s population.

c) Membership on the Resident Assembly must be voluntary, and members must be permitted to resign for any reason.

d) No fewer than 30 people may serve on the Resident Assembly at any given time.

e) The Resident Assembly must receive sufficient resources to exercise its powers effectively, including financial resources, staff support, translation services and space for deliberation.

f) The city shall take steps to remove barriers to participation. To ensure that participation is not a financial burden, assembly members must be offered a stipend that is sufficient to compensate members for their time and for reasonable costs incurred by participation, including transportation to the meeting, dependent care, or similar expenses. The city shall provide interpretation and translation support and accessibility technology.

g) The city shall provide resources for staff support to the resident assembly.

(d) Discretionary Specifications: Subject to the other provisions of this section, the city council has discretion to define, by ordinance, other powers and specifications of a Resident Assembly, including:

(i) The time and place of the Resident Assembly’s deliberation.

(ii) Issues or questions upon which the Resident Assembly must deliberate.

(iii) The procedures by which the Resident Assembly deliberates.

(iv) The length of term for members of the Resident Assembly.

(v) The method by which members of the Resident Assembly may be replaced.

The “Committee of the Whole” voted to reject this provision.

The city council shall hold a public hearing and act with respect to every citizen petition which is addressed to it, which petition shall not be required to take any particular form, and is signed by [placeholder] voters, or more, and which seeks the passage of a measure concerning matters other than action under section 8-7. The hearing shall be held by the city council, and the action by the city council shall be taken not later than three months after the petition is filed with the clerk of the council or the secretary of the school committee, as may be appropriate. Hearings on two or more petitions filed under this section may be held at the same time and place. The clerk of the council shall provide notice of the hearing by mail and, if practicable, by phone or email, to the ten persons whose names appear first on the petition at least forty-eight (48) hours before the hearing. Notice, by publication, of all such hearings shall be at public expense.

(a) Commencement: Initiative procedures shall be started by the filing with the clerk of the council of a proposed initiative petition on a form prepared by the city. The petition shall be addressed to the city council, shall contain a request for the passage of a particular measure which shall be set forth in full in the petition, and shall be physically signed by at least __ voters as certified by the election commission. The petition shall be accompanied by an affidavit signed by 10 voters and containing their residential addresses stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form. Signatures to an initiative petition need not all be on 1 paper but all papers pertaining to any 1 measure shall be fastened together and shall be filed as a single instrument, containing on the petition the number and street of the residence of each signer accompanied by the endorsement of the name and residence address of the person designated as filing the petition. The board of registrars shall attach to the petition a certificate showing the results of the board of registrars’ examination and shall return the petition to the clerk of the council. A copy of the board of registrars’ certificate shall also be mailed to the petitioners committee.

(b) Referral to solicitor: Immediately following certification of __ signatures, the clerk of the council shall deliver a copy of the petition to the city solicitor. Within 21 days after receipt of a copy of the petition, the city solicitor shall advise the council in writing whether the measure as proposed may lawfully utilize the initiative process and whether, in its present form, it may be lawfully adopted by the council. If the opinion of the city solicitor is that the measure is not in proper form, the reply shall state the reasons for this opinion in full, and a copy of the opinion of the city solicitor shall be mailed to the petitioners committee.

(c) Action on Petitions: If the opinion of the city solicitor is that the petition is in a proper form, within 60 days, the city solicitor shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure which is in lieu of an initiative measure shall be considered to be a rejection of the initiative measure. If the council fails to act with respect to any initiative measure that is presented to it within 60 days after the date it has been notified by the city solicitor that it is in proper form, the initiative measure shall be considered to have been approved on the 61st day. If an initiative measure is rejected, the clerk of the council shall promptly give notice to the petitioners committee, by certified mail.

(d) Supplementary Petitions: Thirty days (30) after the date an initiative petition has been rejected by the council, a supplemental initiative petition may be filed with the clerk of the council, but only by persons constituting the original petitioners committee. The supplemental initiative petition shall be physically signed by a number of additional voters which is equal to __% percent of the total number of registered voters as of the date of the most recent city election. If the number of signatures to the supplemental petition is found to be sufficient by the board of registrars, the council shall call a special election to be held on a date fixed by it, not less than 35 nor more than 90 days after the date the council votes to call for the special election, and shall submit the proposed measure, without alteration, to the voters for determination. But if any other city election is to be held within 120 days after the date of the certification, the council may omit the calling of the special election and cause the question to appear on the election ballot at the next city election for determination by the voters.

(e) Publication: The full text of any initiative measure which is submitted to the voters shall be published not less than 7 nor more than 21 days preceding the date of the election at which the question is to be voted upon. Additional copies of the full text shall be available for distribution to the public in the office of the city clerk and shall be published on the city bulletin board.

(f) Form of Question: The ballots used when voting on a measure proposed by the voters under this Section shall contain a question in substantially the following form: Shall the following measure, which was proposed by an initiative petition as described in the city charter, take effect? (Here, insert a fair, concise summary prepared by the City Solicitor.) YES________ NO ________

(g) Required Voter Participation: For any measure to be effective under initiative petition, at least __ percent of the registered voters as of the date of the most recent city election shall vote at the election upon which an initiative is submitted to the voters.

(h) Time of Taking Effect: If a majority of the votes cast on the question, or other affirmative percent as required by general laws or this Charter, is in the affirmative and if the __ percent voter participation requirement is met, the measure shall be deemed to be effective immediately, unless a later date is specified in the measure.

replaces and expands Ch. 43, Section 42

The “Committee of the Whole” voted unanimously to reject this provision.

None of the following shall be subject to the free petition or initiative procedures outlined in Section 8-5 and Section 8-6:

(a) Proceedings relating to the internal organization or operation of any elected body

(b) An emergency measure adopted in conformity with the Charter

(c) The City budget as a whole

(d) Votes for the temporary borrowing of money in anticipation of revenue

(e) An appropriation of any sum of money, for any purpose, amounting to less than 1 percent of the total annual budget of the City

(f) Any appropriation for the payment of the City’s debt or debt service

(g) An appropriation of funds to implement a contract or collective bargaining agreement

(h) Proceedings relating to election, appointment, removal, discharge, employment, promotion, transfer, or demotion of employees or appointed or elected officials or members of multiplemember bodies or any other personnel action

(i) Any proceedings providing for the submission or referral of a matter to the voters at an election

(k) Memorial resolutions

(l) Any zoning petition that is subject to the city’s zoning petition process

The council may of its own motion, submit to the voters for adoption or rejection at any regular municipal election any measure with the same force and effect as is hereby provided for submission by petitions of voters. Such measures must originate within the council and pertain to affairs under said bodies’ jurisdiction. Pursuant to the provisions of Massachusetts General Laws Chapter 53, Section 18A, nonbinding public opinion advisory questions may be placed on the ballot at a regular municipal election.

replaces Ch. 43, Section 43

If 2 or more measures passed at the same election contain conflicting provisions, only the 1 receiving the greatest number of affirmative votes shall take effect.

replaces Ch. 43, Section 44

A the city council members-elect and the school committee members-elect shall, on the first Monday in the January of each even-numbered year, meet and take an oath or affirmation to the faithful discharge of the duties of their office by the city clerk. If the first Monday in January of any even-numbered year falls on a legal holiday, the oaths or affirmations shall be taken on the following day.

Upon receiving the oath or affirmation, each official shall document the same by signing an oath or affirmation that shall be kept in a bound book maintained by the city clerk. In the case of the absence of any member-elect of the city council or school committee on the day the oath is administered, the oath or affirmation may at any time thereafter be administered to that person by the city clerk, the assistant city clerk, a judge of a court of record, or a justice of the peace.

Within 6 months of the adoption of this charter, the city council shall create a Campaign Finance Committee to study public financing mechanisms and prepare recommendations with the goal of making running for office in Cambridge more accessible. The study committee shall consider a full range of options, including but not limited to voucher programs, campaign spending, and contribution limits. The committee shall provide an analysis of the potential benefits and barriers of each option. No action is necessary if the city council has already taken action consistent with this provision.

The committee shall issue recommendations to the city council and the next charter review committee within 12 months of creation. The city council shall take action on the recommendations and/or refer recommendations to next charter review committee within 90 days of receipt.

The “Committee of the Whole” voted to reject this provision.