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