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