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| 2 | 2 | | HOUSE DOCKET, NO. 4792 FILED ON: 1/12/2024 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4272 |
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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 | | Donald R. Berthiaume, Jr. |
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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 relative to providing for recall elections in the town of North Brookfield. |
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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:Donald R. Berthiaume, Jr.5th Worcester12/28/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 4792 FILED ON: 1/12/2024 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4272 |
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| 18 | 18 | | By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 4272) of |
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| 19 | 19 | | Donald R. Berthiaume, Jr., (by vote of the town) relative to providing for recall elections in the |
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| 20 | 20 | | town of North Brookfield. 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 relative to providing for recall elections in the town of North Brookfield. |
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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 1. Chapter 352 of the acts of 2002, providing for recall elections ni the town of North |
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| 30 | 30 | | 2Brookfield, is hereby amended by inserting the following section: |
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| 31 | 31 | | 3 SECTION 2A. The reasons for which a recall may be initiated pursuant to this act shall |
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| 32 | 32 | | 4include, but not be limited to: |
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| 33 | 33 | | 5 i. Lack of fitness, which shall mean insobriety while performing official functions, |
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| 34 | 34 | | 6involuntary commitment to a mental health facility or being placed under guardianship or |
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| 35 | 35 | | 7conservatorship by a probate court; |
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| 36 | 36 | | 8 ii. Corruption, which shall mean a conviction of a felony involving moral turpitude, |
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| 37 | 37 | | 9conviction of bribery or extortion; 2 of 2 |
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| 38 | 38 | | 10 iii. Neglect of duties, which shall mean repeated absences from meetings without just |
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| 39 | 39 | | 11cause; provided, however, that just cause shall include, but not be limited to, illness or regular |
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| 40 | 40 | | 12vacation periods; and |
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| 41 | 41 | | 13 iv. Misfeasance, which shall mean the performance of an official act in an unlawful |
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| 42 | 42 | | 14manner or a willful violation of the conflict-of-interest law, open meeting law or other ethical |
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| 43 | 43 | | 15violations. |
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| 44 | 44 | | 16 2. This act shall take effect upon its passage. Or take any action relative thereto. |
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| 45 | 45 | | 17 Motion made, seconded and, after a question and motion for a ballot vote that didn't pass, |
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| 46 | 46 | | 18a hand vote was done but was deemed too close to call. The Moderator then called for a ballot |
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| 47 | 47 | | 19vote and the motion passed by a margin of 62 to 22 for the Board of Selectmen to petition the |
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| 48 | 48 | | 20General Court for this amendment. |
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