Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4285 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 4729 FILED ON: 12/8/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4285
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jonathan D. Zlotnik
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act amending the charter of the city of Gardner.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jonathan D. Zlotnik2nd Worcester12/4/2023 1 of 8
16	16	HOUSE DOCKET, NO. 4729 FILED ON: 12/8/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4285
18	18	By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 4285 of
19	19	Jonathan D. Zlotnik (with the approval of the mayor and city council) relative to the charter of
20	20	the city of Gardner. Municipalities and Regional Government. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act amending the charter of the city of Gardner.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 4 of the charter of the City of Gardner, which is on file in the office
30	30	2of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General
31	31	3Laws, is hereby amended by striking out the words "He shall hold office for the term of two
32	32	4years from the first Monday in January following his election and until his successor is elected
33	33	5and qualified" and inserting in place thereof the following:- "The Mayor shall hold office for the
34	34	6term of two years from the first Monday in January following the election and until a successor
35	35	7is elected and qualified"
36	36	8 SECTION 2. Section 6 of said charter is hereby amended by striking out the words "but
37	37	9the city solicitor" and inserting in place thereof the following:- "all members of the Law
38	38	10Department" 2 of 8
39	39	11 SECTION 3. Section 7 of said charter is hereby amended by striking out Section 7 in its
40	40	12entirety and inserting in place thereof the following:- "In making appointments, the mayor shall
41	41	13sign and file with the city clerk a certificate in the following form:
42	42	14 CERTIFICATE OF APPOINTMENT
43	43	15 I appoint (name of appointee) to the position of (name of office), and I certify that in my
44	44	16opinion (name of appointee) is a recognized expert in the work which will devolve in the course
45	45	17of official duties, and that I make the appointment solely in the interest of the city.
46	46	18 Mayor.
47	47	19 Or the following form, as the case may be:
48	48	20 I appoint (name of appointee) to the position of (name of office), and I certify that in my
49	49	21opinion (name of appointee) is a person specially fitted by education, training or experience to
50	50	22perform the duties of said office, and that I make the appointment solely in the interest of the
51	51	23city.
52	52	24 Mayor."
53	53	25 SECTION 4. Section 8 of said charter is hereby amended by striking out Section 8 in its
54	54	26entirety and inserting in place thereof the following:- "The mayor may, with the approval of a
55	55	27majority of the members of the city council, remove any head of a department or member of a
56	56	28board before the expiration of the appointee's term in office, except members of the school
57	57	29committee, officers elected by the city council, officers whose election is provided for by this
58	58	30act, and officials appointed by the governor. The person removed shall receive a copy of the 3 of 8
59	59	31reasons for such removal in writing and may contest the same at a hearing to be given by the city
60	60	32council, at which the person removed shall have the right to be represented by counsel"
61	61	33 SECTION 5. Section 11 of said charter is hereby amended by striking out the first
62	62	34paragraph in its entirety and inserting in place thereof the following:- "The mayor shall receive
63	63	35for such services such salary as the city council by ordinance shall determine and shall receive no
64	64	36other compensation from the city. The mayor's salary shall not be increased or diminished during
65	65	37the term to which the mayor was elected"
66	66	38 SECTION 6. Section 12 of said charter is hereby amended by striking out the word
67	67	39"fourth" and inserting in place thereof the following:- "seventh"
68	68	40 SECTION 7. Section 13 of said charter is hereby amended by striking out the first
69	69	41paragraph in its entirety and inserting in place thereof the following:- "Any person who is
70	70	42qualified to vote for a candidate for any office mentioned in this act, and who is a candidate for
71	71	43nomination for that office, may have the name as such candidate printed on the official ballot to
72	72	44be used at a preliminary election; provided that, at least twenty-eight (G.L. Chap. 53 sec. 10 as
73	73	45amended) days prior to the preliminary election, the person shall file with the city clerk a
74	74	46statement in writing of such candidacy, to vote for a candidate for the said office. Said statement
75	75	47and petition shall be in substantially the following form:"
76	76	48 SECTION 8. Section 13 of said charter is hereby further amended by striking out the
77	77	49words "Whereas (name of candidate) is a candidate for nomination for the office of (state the
78	78	50office) for (state the term), we the undersigned, voters of the city of Gardner, duly qualified to
79	79	51vote for a candidate for said office, do hereby request that the name of said (name of candidate) 4 of 8
80	80	52as a candidate for nomination for said office be printed on the official ballots to be used at the
81	81	53preliminary election to be held on the Tuesday of , nineteen hundred and ."
82	82	54 SECTION 9. Section 15 of said charter is hereby amended by striking out the first
83	83	55paragraph in its entirety and inserting in place thereof the following:- "The name of each person,
84	84	56and of none other, who has filed a statement and accompanying petition as aforesaid with the
85	85	57official residence and the title and term of the office for which the individual is a candidate for
86	86	58nomination, shall be printed on said ballots under the designation of office in the order in which
87	87	59they may be drawn by the city clerk, whose duty it shall be to make such drawing and to give
88	88	60each candidate an opportunity to be present in person or by one representative. Blank space shall
89	89	61be left at the end of each list of candidates for nomination for the different offices equal to the
90	90	62number to be nominated therefore, in which the voter may insert the name of any person not
91	91	63printed on the ballot for whom the voter desires to vote for nomination for such office. There
92	92	64shall be printed on said ballots such directions as will aid the voter, as to wit: "vote for one",
93	93	65"vote for not more than two", and the like (G.L. Chap. 54, sec. 42 as amended)"
94	94	66 SECTION 10. Section 16 of said charter is hereby amended by striking out Section 16 in
95	95	67its entirety and inserting in place thereof the following:- "No ballot used at any preliminary,
96	96	68special or regular city election shall have printed thereon any party or other political designation
97	97	69or mark, and there shall not be appended to the name of any candidate any such party or other
98	98	70political designation or mark, or anything showing the method of nomination, or indicating the
99	99	71candidate's views or opinions (See also G.L. Chap. 53, sec. 34 as amended)
100	100	72 SECTION 11. Section 18 of said charter is hereby amended by striking out Section 18 in
101	101	73its entirety and inserting in place thereof the following:- "The City Clerk shall canvas returns 5 of 8
102	102	74from election officers and post them in a conspicuous place in City Hall and in other manners
103	103	75consistent with city practices"
104	104	76 SECTION 12. Section 19 of said charter is hereby amended by striking out the second
105	105	77sentence of the second paragraph in its entirety and inserting in place thereof the following:- "In
106	106	78case two or more candidates should receive an equal number of votes for the same office at any
107	107	79preliminary election held under this act and one of such candidates would otherwise be entitled
108	108	80to the candidate's name upon the official ballot, then the names of all such persons shall be
109	109	81placed on the ballot"
110	110	82 SECTION 13. Section 24 of said charter is hereby amended by striking out the words
111	111	83"He shall keep the records of the meetings of the council" and inserting in place thereof the
112	112	84following:- "The city clerk shall keep the records of the meetings of the council"
113	113	85 SECTION 14. Section 25 of said charter is hereby amended by striking out the first
114	114	86sentence in its entirety and inserting in place thereof the following:- "The city council may at any
115	115	87time request from the mayor specific information upon any municipal matter within its
116	116	88jurisdiction, and may request the mayor's presence to answer written questions relating thereto at
117	117	89a meeting to be held not earlier than one week after the date of the receipt by the mayor of said
118	118	90questions"
119	119	91 SECTION 15. Section 29 of said charter is hereby amended by striking out the words "in
120	120	92full" in paragraph one, line two and inserting in place thereof the following:- "in summary"
121	121	93 SECTION 16. Section 29 of said charter is hereby further amended by striking out the
122	122	94words "in at least one newspaper of the city" in lines two and three. 6 of 8
123	123	95 SECTION 17. Section 29 of said charter is hereby further amended by striking out the
124	124	96word "additional" in line three
125	125	97 SECTION 18. Section 29 of said charter is hereby amended by inserting after "and
126	126	98completed" in paragraph two the following:- "in summary"
127	127	99 SECTION 19. Section 30 of said charter is hereby amended by striking out Section 30 in
128	128	100its entirety and inserting in place thereof the following:- "Every order, ordinance, resolution and
129	129	101vote relative to the affairs of the city, adopted or passed by the city council, shall be presented to
130	130	102the mayor for approval. If the mayor approves, then the mayor shall sign it; if the mayor
131	131	103disapproves, it shall be returned to the city council in writing with the mayor's objections, which
132	132	104the city council shall enter at large on its records, and again consider it. If the city council,
133	133	105notwithstanding such disapproval of the mayor, shall again pass such order, ordinance, resolution
134	134	106or vote by a two-thirds vote of all members of the city council, it shall then be in force, but such
135	135	107vote shall not be taken for seven days after its return to the city council. Every such order,
136	136	108ordinance, resolution or vote shall be in force if it is not returned by the mayor within ten days
137	137	109after it was presented. This section shall not apply to budgets submitted under section thirty-two
138	138	110of chapter forty-four of the General Laws or to appropriations by the city council under section
139	139	111thirty-three of said chapter"
140	140	112 SECTION 20. Section 31 of said charter is hereby amended by striking out Section 31 in
141	141	113its entirety and inserting in place thereof the following:- "The civil service laws shall not apply to
142	142	114the appointment of the mayor's secretaries nor of stenographers, clerks, telephone operators and
143	143	115messengers connected with the mayor's office, and the mayor may remove such appointees
144	144	116without a hearing and without making a statement of the cause for their removal" 7 of 8
145	145	117 SECTION 21. Section 32 of said charter is hereby amended by striking the word "six"
146	146	118each time it appears and inserting in place thereof the following:- "twelve"
147	147	119 SECTION 22. Section 32 of said charter is hereby further amended by striking paragraph
148	148	120four in its entirety and inserting in place thereof the following:- "If the Mayor is absent or unable
149	149	121from any cause temporarily to perform the duties of the office, or if the office is vacant during
150	150	122the first twelve of the term, the mayor's duties shall be performed by the president of the city
151	151	123council. The person upon whom such duties shall devolve shall be called "acting mayor", and
152	152	124shall possess the powers of mayor only in matters not admitting of delay, but shall have no
153	153	125power to make permanent appointments. In the event that the office of Mayor shall be vacated
154	154	126due to resignation or death prior to the end of the term, the acting Mayor shall be entitled to the
155	155	127compensation as city council President in addition to seventy-five (75%) of the then current rate
156	156	128of compensation of the Mayor"
157	157	129 SECTION 23. Section 32 of said charter is hereby further amended by striking paragraph
158	158	130five in its entirety and inserting in place thereof the following:- "Should an appointive officer of
159	159	131the city be temporarily unable for any cause to perform official duties, the mayor or the city
160	160	132council, whichever has the power of original appointment, may make a temporary appointment
161	161	133of some person to act until the official shall resume duties. (Section 32 is given as amended by
162	162	134Chap. 590 Acts of 1975)"
163	163	135 SECTION 24. Section 33 of said charter is hereby amended in paragraph one by striking
164	164	136out the words "the nature of his interest in such contract" and inserting in place thereof the
165	165	137following:- "the nature of the interest in such contract" 8 of 8
166	166	138 SECTION 25. Section 34 of said charter is hereby amended by striking Section 34 in its
167	167	139entirety.
168	168	140 SECTION 26. Section 35 of said charter is hereby amended by striking Section 35 in its
169	169	141entirety.
170	170	142 SECTION 27. Section 37 of said charter is hereby amended in paragraph one by striking
171	171	143out the words "who shall be chairman" and inserting in place thereof the following:- "who shall
172	172	144be chairperson"
173	173	145 SECTION 28. Section 38 of said charter is hereby amended in line one by striking out the
174	174	146word "elect" and inserting in place thereof the following:- "appoint"
175	175	147 SECTION 29. Section 38 of said charter is hereby further amended by striking the second
176	176	148sentence in its entirety and inserting in place thereof the following:- "No member of the school
177	177	149committee, except the mayor, shall hold any other office or position the salary or compensation
178	178	150for which is payable out of the city treasury during the elected term of office
179	179	151 SECTION 30. Section 38 of said charter is hereby further amended in sentence three by
180	180	152striking out the word "vice-chairman" and inserting in place thereof the following:- "vice-
181	181	153chairperson"
182	182	154 SECTION 31. Section 51 of said charter is hereby amended by striking out Section 51 in
183	183	155its entirety.
184	184	156 SECTION 32. This act shall take effect upon its passage.