Charter Implementation

May 28

Written By brenna broderick

Committee Name

Charter Implementation Committee

Committee Members

Lance Davis, Jess Lieberman, Jack Perenick, Kat Rutkin, Bev Schwartz, Bill White

Key themes and trends:

The original charter review committee did extensive public outreach, and we felt that public input had already been gathered. We felt our role was threefold:

Create a list of action items for the City (executive and legislative branches, and the school committee).
Create a list of uncontroversial charter corrections.
Create a roadmap for moving positions from the previous charter into the administrative code.

Note that several items must be implemented in the short term. Look at the short-term recommendations below.

Existing initiatives:

Doesn't apply to this committee's work. Perhaps previous charter review committee work, discussions, and public campaign is discussed here.

Gaps:

This is the list of items that need to be implemented. We will be providing an extensive list of implementation items generated from a line-by-line review of the current charter. We will also be providing a list of questions for the city attorney and the chairman of the board of elections commissioners to clarify issues raised by the new charter. Of particular concern is the timelines for nomination papers for municipal elections, given that we now have early voting. Also of concern is Article VI of the Charter Appendix, which has sections that are in the new charter and sections that are not.

Opportunities:

While the new charter is fresh, this is an opportunity to correct non-controversial items that could become problematic in the future—for example, requiring the City Council to set their meeting schedule by ordinance.

Recommendations for action:

Short term recommendations:

By early March, per MGL ch. 31, § 8H (2025), the city council shall consider the acceptance of MGL ch. 41, § 91. Ch 41§ 91 refers to appointments of constables.
Per MGL ch. 31, § 8e-g (2025), by early May, three committees must be established:

Public financing of campaigns committee – This committee is charged with studying and making recommendations as to options for public financing of campaigns. The mayor will appoint 2 city residents to the committee. (Other members will be designated/ appointed by city council, school board, and the chair of the board of elections.)
Ranked choice voting committee – This committee is charged with implementing ranked choice voting in Somerville. The mayor will appoint 2 city residents to the committee. (Other members will be designated/ appointed by city council, school board, and the chair of the board of elections.)
Multi-member body review committee— This committee is charged with reviewing and creating a report on the city’s multi-member bodies. (This review is required to happen at least every 10 years going forward under the new charter.) The mayor will appoint 1 designee and 1 city resident to the committee (Other members will be the city clerk and designees/appointees of the city council).

Per MGL ch. 31, § 8d (2025), by early May, the mayor shall promulgate and submit an administrative order pursuant to article 5 of said charter establishing a selection process for a city attorney.
If salaries are not yet set by ordinance, City Council must create ordinances to set the pay for the Mayor, City Council, and School Committee. While ‘changing’ the rate of pay requires a process, we don’t believe setting the existing rate should be a problem. Check with the city attorney.
As soon as possible, City Council must establish its regular meeting schedule via ordinance.
If not already done, School Committee must create its own procedures for electing its chair and vice-chair. This needs to be done immediately, as it will be required in January.
Notify MMBs that their definition of quorum may differ from what is now prescribed in the charter.

Medium term recommendations:

Updates to procedures, calendars, etc. for City Council and the Executive branch on new rules in the charter.
As we experience life under the new charter and discover its shortcomings, we need to draft a Home Rule Petition for uncontroversial items that require fixing.
Post the charter’s preamble somewhere in City Hall.
Develop administrative code for positions and boards removed from the previous charter, and for the Chief Administrative Officer.
Create a bid process for an independent auditor.

Long term recommendations:

Fix Article VII on elections to include the nomination process that is currently in the Charter Appendix.
Determine whether the City Council can create MMBs by ordinance, and if not, consider a fix in the charter.
Focus on administrative changes in the first year. Wait at least a year before new structural changes to the charter.
Review material in the code of ordinances that may belong in the administrative code.

Appendix

We used the following web pages for our research:

By 12/26, we will submit four longer, detailed documents:

List of action items for the city
Items to go in the administrative code
List of items to go into a Home Rule Petition for minor charter changes
A list of questions for the city attorney and the chairman of the board of elections commissioners

From Section 9-6(b) of the new charter, these are the acts that are retained until an administrative code is developed:

Certain Special Acts Recognized and Retained - The following special acts, including those which amended Chapter 240 of the Acts of 1899, relating to the organization of the city’s government, are recognized and retained as follows, notwithstanding any reference to said c. 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the Licensing Commission; St. 1928, c. 49 and c. 81, St. 2021, c. 63 relating to the Board of Appeals; St. 1928, c. 82, St. 2018, c. 410, and St. 2012, c. 400 relating to the Board of Election Commissioners; St. 1934, c. 294 relating to the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 650, St. 1988, c. 94, St. 2004, c. 317, and St. 2008, c.112 relating to the Department of Public Works; St. 1977, c. 644 relating to the School Committee; St. 1985, c. 23, and St. 2012, c. 400 relating to the Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission; St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, and St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 2018, c. 364 relating to the Redevelopment Authority; St. 1978, c. 397, St. 2012, c. 400 relating to the Traffic Commission; and ss. 1-10, 26, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of the Acts of 2012 until such time as the city acts under Article 5 of this charter to adopt 1 or more administrative orders.

MGL ch. 31, § 8d (2025) - on the city attorney:

Within 180 days of the adoption of said charter, the mayor shall promulgate and submit an administrative order pursuant to article 5 of said charter establishing a selection process for a city attorney. Any such selection process shall include the establishment of a special screening committee to review candidates for the position of city attorney. Said special screening committee shall include at least 1 member of the city council, designated by the city council president. Nothing in this section shall be deemed to apply to the reappointment of a city attorney.

MGL ch. 31, § 8e (2025) - on the public financing of campaigns committee:

Within 6 months of the adoption of said charter, the city council shall create a public financing of campaigns committee to study public financing mechanisms and prepare recommendations with the goal of making running for office in the city more accessible to potential candidates. The directive of this study committee is to consider a full range of options as practicable, provide analysis on the potential benefits and barriers of each option and consider which should be recommended to the city council for its consideration.

The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or a designee; 1 shall be the city council president or a designee; 1 shall be the chair of the school committee or a designee; 2 shall be city residents appointed by the city council; 2 shall be city residents appointed by the school committee; and 2 shall be city residents appointed by the mayor. The committee shall elect a chair and establish the schedule of its meetings. The committee shall issue recommendations to the city council within 12 months of the appointment of all of the members. The city council shall take action on the recommendations within 90 days of receipt. If the city council has already taken action consistent with this provision, no action is necessary.

MGL ch. 31, § 8f (2025) - on the ranked-choice voting committee:

Within 6 months of the adoption of said charter, the city council shall create a ranked choice voting committee to propose a measure to adopt ranked-choice voting and submit a report on ranked-choice voting in the city. A voting method shall be considered ranked choice voting if the voter ranks candidates in order of preference. The committee’s report shall include:

(i) the elected offices to be selected by this voting method;

(ii) a timeframe and strategy for implementation;

(iii) infrastructure and equipment requirements;

(iv) a cost analysis;

(v) a comparative analysis of other voting methods;

(vi) an analysis of potential equity concerns; and

(vii) a community education plan.

If the city council has already taken action consistent with this provision, no action shall be necessary. The goal of this committee is to implement ranked choice voting in order to more accurately reflect the will of the voters, increase the number and diversity of candidates, lower barriers to candidate participation and increase transparency of elections.

The committee shall consist of 9 members: 1 shall be the chair of the board of elections commissioners or a designee; 1 shall be the city council president or a designee; 1 shall be the chair of the school committee or a designee; 2 shall be city residents appointed by the city council; 2 shall be city residents appointed by the school committee; and 2 shall be city residents appointed by the mayor. The committee shall elect a chair and establish the schedule of its meetings. The committee shall propose a measure to the city council within 18 months of the appointment of its full membership. The city council shall take action on the measure within 90 days of receipt.

MGL ch. 31, § 8g (2025) - on the committee for the first periodic review of multiple-member bodies:

Within 6 months of the adoption of said charter, the mayor and the city council shall convene the first periodic review of multiple-member bodies committee, pursuant to section 8-6 of said charter. The committee’s report should include:

(i) an assessment of the functions and relevancies of the city’s current multiple-member bodies;

(ii) a review of activities of multiple-member bodies from recent years;

(iii) the ability of the city to fill appointments to the body; and

(iv) recommendations for combining, terminating or establishing new multiple-member bodies.

If the city council has already taken action consistent with this provision, no action shall be necessary.

The committee shall consist of 5 members: 1 shall be the mayor or a designee; 1 shall be the city council president or a designee; 1 shall be the city clerk; 1 shall be a city resident appointed by the mayor; and 1 shall be a city resident appointed by the city council.

The committee shall submit a report to the city council. The city council shall respond to and vote on the recommendations within 90 days of receipt.

MGL ch. 31, § 8h (2025) - on the acceptance of MGL ch. 41, § 91:

Within 120 days of the adoptions of said charter, the city council shall consider the acceptance of section 91 of chapter 41 of the General laws.

MGL ch. 41, § 91:

In a city in which the city council accepts this section, or has accepted corresponding provisions of earlier laws, constables shall be appointed by the mayor for terms not exceeding three years. The mayor may, with the consent of the board of aldermen, remove a constable from office for gross misconduct.

brenna broderick

Charter Implementation

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