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2 | 2 | | HOUSE DOCKET, NO. 4411 FILED ON: 6/20/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3959 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Daniel R. Carey |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act amending the charter of the city of Easthampton. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel R. Carey2nd Hampshire6/20/2023John C. VelisHampden and Hampshire6/21/2023 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 4411 FILED ON: 6/20/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3959 |
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18 | 18 | | By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 3959) of |
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19 | 19 | | Daniel R. Carey and John C. Velis (with the approval of the city council) for legislation to |
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20 | 20 | | amend the charter of the city of Easthampton. Election Laws. [Local Approval Received.] |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act amending the charter of the city of Easthampton. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. The second paragraph of section 2-10 of article 1 of the charter of the city |
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30 | 30 | | 2of Easthampton, which is on file in the office of the archivist of the commonwealth, pursuant to |
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31 | 31 | | 3section 12 of chapter 43B of the General Laws, is hereby amended by striking out the first |
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32 | 32 | | 4sentence and inserting in place thereof the following: |
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33 | 33 | | 5 Appointments made by the mayor shall become effective on the forty-fifth day following |
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34 | 34 | | 6the date on which notice of the proposed appointment was first received by the council at a |
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35 | 35 | | 7regularly scheduled meeting of the city council, unless the city council shall within the said 45- |
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36 | 36 | | 8day period vote to reject such appointment, or unless the city council has sooner voted to affirm |
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37 | 37 | | 9the appointment. |
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38 | 38 | | 10 SECTION 2. The second paragraph of section 2-10 of said article 1 of said charter is |
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39 | 39 | | 11hereby amended by striking out the second sentence and inserting in place thereof the following: 2 of 4 |
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40 | 40 | | 12 For the appointment of a department head appointed by the mayor, the council shall act |
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41 | 41 | | 13upon said appointment at the next regularly scheduled meeting following the meeting at which |
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42 | 42 | | 14the appointment was first received by the full council or that appointment shall become effective. |
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43 | 43 | | 15 SECTION 3. Section 3-9 of article 3 of said charter is hereby amended by striking out the |
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44 | 44 | | 16section in its entirety and inserting in place thereof the following: |
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45 | 45 | | 17 a) Special Election – If a vacancy in the office of mayor occurs during the first or |
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46 | 46 | | 18third year of the term for which the mayor is elected whether by reason of death, resignation, |
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47 | 47 | | 19removal from office, incapacity or otherwise the city council shall forthwith order a special |
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48 | 48 | | 20mayoral election to be held within one hundred twenty (120) days following the date the vacancy |
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49 | 49 | | 21occurs to fill the vacancy for the balance of the then expired term pursuant to Article 7 of this |
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50 | 50 | | 22charter. If the vacancy occurs in the second or fourth year of the term for which the mayor is |
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51 | 51 | | 23elected a special mayoral election need not be held, the office of mayor shall be temporarily |
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52 | 52 | | 24filled under the provisions of Section 3-9(b) of the charter and the position shall be permanently |
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53 | 53 | | 25filled by the voters at the next regular municipal election. |
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54 | 54 | | 26 If a vacancy occurs in the two (2) months immediately prior to a regular municipal |
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55 | 55 | | 27election, the city council shall forthwith order a special mayoral election to be held within one |
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56 | 56 | | 28hundred twenty (120) days following the date the vacancy occurs, to fill such vacancy for the |
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57 | 57 | | 29balance of the then unexpired term. |
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58 | 58 | | 30 During the one hundred twenty (120) day period immediately prior to a special mayoral |
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59 | 59 | | 31election the city council president shall serve as acting mayor until the office of mayor is filled. |
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60 | 60 | | 32In the event the city council president is unable or unwilling to serve, a special meeting of the |
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61 | 61 | | 33city council shall be called by the city council president and the council shall elect, by majority 3 of 4 |
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62 | 62 | | 34vote, one of its members to serve as acting mayor. The acting mayor shall remain as a member |
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63 | 63 | | 35of the council but shall only vote on council measures in the event of a tie. During the time the |
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64 | 64 | | 36president is serving as acting mayor under this subsection, the vice-president shall serve as acting |
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65 | 65 | | 37city council president. Any person serving as acting mayor under this subsection shall not be |
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66 | 66 | | 38subject to the restrictions contained in the third sentence of Article 3, Section 3-1(a). |
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67 | 67 | | 39 b) Council Election – If a vacancy in the office of mayor occurs in the second or |
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68 | 68 | | 40fourth year of the term for which the mayor is elected, the president of the city council, or other |
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69 | 69 | | 41councilor elected by the council in accordance with subsection (a) above, shall serve as acting |
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70 | 70 | | 42mayor until the next regular municipal election at which time the person elected to fill the office |
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71 | 71 | | 43of mayor for the ensuing term of office shall be immediately sworn into office, and shall |
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72 | 72 | | 44thereafter serve, in addition to the term for which they were elected, the balance of the present |
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73 | 73 | | 45term. Unless the vacancy occurs in the last two (2) months prior to a regular municipal election, |
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74 | 74 | | 46upon the qualification of the president of the city council or other councilor elected to serve as |
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75 | 75 | | 47the acting mayor under this section, a vacancy shall exist in that council seat on the city council |
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76 | 76 | | 48which shall be filled as provided for in Article 2, Section 2-11. |
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77 | 77 | | 49 In the event the acting mayor is a candidate for mayor in the ensuing election, such |
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78 | 78 | | 50person shall not be entitled to have the words “candidate for re-election” used in conjunction |
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79 | 79 | | 51with their name on the election ballot. |
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80 | 80 | | 52 If a vacancy in the office of mayor occurs in the last two (2) months of the term for which |
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81 | 81 | | 53the mayor was elected, the mayor-elect shall be immediately sworn into office and shall |
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82 | 82 | | 54thereafter serve the remainder of the mayoral term in addition to the term of office for which |
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83 | 83 | | 55they were elected. 4 of 4 |
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84 | 84 | | 56 c) Compensation – Any councilor serving as acting mayor under subsections (a) or |
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85 | 85 | | 57(b) shall receive the compensation then in effect for the position of mayor and shall not receive |
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86 | 86 | | 58council compensation. |
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