Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3959 Compare Versions

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22 HOUSE DOCKET, NO. 4411 FILED ON: 6/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3959
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Daniel R. Carey
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act amending the charter of the city of Easthampton.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel R. Carey2nd Hampshire6/20/2023John C. VelisHampden and Hampshire6/21/2023 1 of 4
1616 HOUSE DOCKET, NO. 4411 FILED ON: 6/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3959
1818 By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 3959) of
1919 Daniel R. Carey and John C. Velis (with the approval of the city council) for legislation to
2020 amend the charter of the city of Easthampton. Election Laws. [Local Approval Received.]
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act amending the charter of the city of Easthampton.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. The second paragraph of section 2-10 of article 1 of the charter of the city
3030 2of Easthampton, which is on file in the office of the archivist of the commonwealth, pursuant to
3131 3section 12 of chapter 43B of the General Laws, is hereby amended by striking out the first
3232 4sentence and inserting in place thereof the following:
3333 5 Appointments made by the mayor shall become effective on the forty-fifth day following
3434 6the date on which notice of the proposed appointment was first received by the council at a
3535 7regularly scheduled meeting of the city council, unless the city council shall within the said 45-
3636 8day period vote to reject such appointment, or unless the city council has sooner voted to affirm
3737 9the appointment.
3838 10 SECTION 2. The second paragraph of section 2-10 of said article 1 of said charter is
3939 11hereby amended by striking out the second sentence and inserting in place thereof the following: 2 of 4
4040 12 For the appointment of a department head appointed by the mayor, the council shall act
4141 13upon said appointment at the next regularly scheduled meeting following the meeting at which
4242 14the appointment was first received by the full council or that appointment shall become effective.
4343 15 SECTION 3. Section 3-9 of article 3 of said charter is hereby amended by striking out the
4444 16section in its entirety and inserting in place thereof the following:
4545 17 a) Special Election – If a vacancy in the office of mayor occurs during the first or
4646 18third year of the term for which the mayor is elected whether by reason of death, resignation,
4747 19removal from office, incapacity or otherwise the city council shall forthwith order a special
4848 20mayoral election to be held within one hundred twenty (120) days following the date the vacancy
4949 21occurs to fill the vacancy for the balance of the then expired term pursuant to Article 7 of this
5050 22charter. If the vacancy occurs in the second or fourth year of the term for which the mayor is
5151 23elected a special mayoral election need not be held, the office of mayor shall be temporarily
5252 24filled under the provisions of Section 3-9(b) of the charter and the position shall be permanently
5353 25filled by the voters at the next regular municipal election.
5454 26 If a vacancy occurs in the two (2) months immediately prior to a regular municipal
5555 27election, the city council shall forthwith order a special mayoral election to be held within one
5656 28hundred twenty (120) days following the date the vacancy occurs, to fill such vacancy for the
5757 29balance of the then unexpired term.
5858 30 During the one hundred twenty (120) day period immediately prior to a special mayoral
5959 31election the city council president shall serve as acting mayor until the office of mayor is filled.
6060 32In the event the city council president is unable or unwilling to serve, a special meeting of the
6161 33city council shall be called by the city council president and the council shall elect, by majority 3 of 4
6262 34vote, one of its members to serve as acting mayor. The acting mayor shall remain as a member
6363 35of the council but shall only vote on council measures in the event of a tie. During the time the
6464 36president is serving as acting mayor under this subsection, the vice-president shall serve as acting
6565 37city council president. Any person serving as acting mayor under this subsection shall not be
6666 38subject to the restrictions contained in the third sentence of Article 3, Section 3-1(a).
6767 39 b) Council Election – If a vacancy in the office of mayor occurs in the second or
6868 40fourth year of the term for which the mayor is elected, the president of the city council, or other
6969 41councilor elected by the council in accordance with subsection (a) above, shall serve as acting
7070 42mayor until the next regular municipal election at which time the person elected to fill the office
7171 43of mayor for the ensuing term of office shall be immediately sworn into office, and shall
7272 44thereafter serve, in addition to the term for which they were elected, the balance of the present
7373 45term. Unless the vacancy occurs in the last two (2) months prior to a regular municipal election,
7474 46upon the qualification of the president of the city council or other councilor elected to serve as
7575 47the acting mayor under this section, a vacancy shall exist in that council seat on the city council
7676 48which shall be filled as provided for in Article 2, Section 2-11.
7777 49 In the event the acting mayor is a candidate for mayor in the ensuing election, such
7878 50person shall not be entitled to have the words “candidate for re-election” used in conjunction
7979 51with their name on the election ballot.
8080 52 If a vacancy in the office of mayor occurs in the last two (2) months of the term for which
8181 53the mayor was elected, the mayor-elect shall be immediately sworn into office and shall
8282 54thereafter serve the remainder of the mayoral term in addition to the term of office for which
8383 55they were elected. 4 of 4
8484 56 c) Compensation – Any councilor serving as acting mayor under subsections (a) or
8585 57(b) shall receive the compensation then in effect for the position of mayor and shall not receive
8686 58council compensation.