Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3959 Latest Draft

Bill / Introduced Version Filed 06/29/2023

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