Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4868 Compare Versions

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

Old	New	Differences
1	1	1 of 8
2	2	FILED ON: 7/15/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4868
4	4	Substituted by the House, on motion of Mr. Walsh of Peabody, for a bill with the same title
5	5	(House, No. 4285) [Local Approval Received]. July 15, 2024.
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act amending the charter of the city of Gardner.
12	12	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
13	13	of the same, as follows:
14	14	1 SECTION 1. Section 4 of chapter 119 of the acts of 1921 is hereby amended by striking
15	15	2out the second sentence and inserting in place thereof the following sentence:- The mayor shall
16	16	3hold office for the term of 2 years from the first Monday in January following the election and
17	17	4until a successor is elected and qualified.
18	18	5 SECTION 2. Section 6 of said chapter 119 is hereby amended by striking out the words
19	19	6"but the city solicitor" and inserting in place thereof the following words:- all members of the
20	20	7law department.
21	21	8 SECTION 3. Said chapter 119 is hereby further amended by striking out section 7 and
22	22	9inserting in place thereof the following section:-
23	23	10 Section 7. In making appointments, the mayor shall sign and file with the city clerk a
24	24	11certificate in the following form:
25	25	12 CERTIFICATE OF APPOINTMENT 2 of 8
26	26	13 I appoint (name of appointee) to the position of (name of office), and I certify that in my
27	27	14opinion (name of appointee) is a recognized expert in the work which will devolve in the course
28	28	15of official duties, and that I make the appointment solely in the interest of the city.
29	29	16 Mayor.
30	30	17 Or the following form, as the case may be:
31	31	18 I appoint (name of appointee) to the position of (name of office), and I certify that in my
32	32	19opinion (name of appointee) is a person specially fitted by education, training or experience to
33	33	20perform the duties of said office, and that I make the appointment solely in the interest of the
34	34	21city.
35	35	22 Mayor.
36	36	23 SECTION 4. Said chapter 119 is hereby further amended by striking out section 8 and
37	37	24inserting in place thereof the following section:-
38	38	25 Section 8. The mayor may, with the approval of a majority of the members of the city
39	39	26council, remove any head of a department or member of a board before the expiration of the
40	40	27appointee's term of office, except members of the school committee, officers elected by the city
41	41	28council, officers whose election is provided for by this act and officials appointed by the
42	42	29governor. The person removed shall receive a copy of the reasons for such removal in writing
43	43	30and may contest the same at a hearing to be given by the city council, at which the person
44	44	31removed shall have the right to be represented by counsel. 3 of 8
45	45	32 SECTION 5. Section 11 of said chapter 119, as amended by section 1 of chapter 184 of
46	46	33the acts of 1939, is hereby further amended by striking out the first paragraph and inserting in
47	47	34place thereof the following paragraph:-
48	48	35 The mayor shall receive for services such salary as the city council, by ordinance, shall
49	49	36determine and shall receive no other compensation from the city. The mayor's salary shall not be
50	50	37increased or diminished during the term to which the mayor was elected.
51	51	38 SECTION 6. The first sentence of section 12 of said chapter 119 is hereby amended by
52	52	39striking out the word "third" and inserting in place thereof the following word:- seventh.
53	53	40 SECTION 7. The first paragraph of section 13 of said chapter 119 is hereby amended by
54	54	41striking out the first sentence and inserting in place thereof the following 2 sentences:- Any
55	55	42person who is qualified to vote for a candidate for any office mentioned in this act, and who is a
56	56	43candidate for nomination for that office, may have the name as such candidate printed on the
57	57	44official ballot to be used at a preliminary election; provided that, at least 28 days prior to the
58	58	45preliminary election pursuant to section 10 of chapter 53 of the General Laws, the person shall
59	59	46file with the city clerk a statement in writing of such candidacy, and with it the petition of at least
60	60	4750 voters of the city, qualified to vote for a candidate for the said office. Said statement and
61	61	48petition shall be in substantially the following form:
62	62	49 SECTION 8. The second paragraph of said section 13 of said chapter 119 is hereby
63	63	50amended by striking out the second sentence and inserting in place thereof the following
64	64	51sentence:- We further state that we believe this person to be of good moral charter and qualified
65	65	52to perform the duties of the office. 4 of 8
66	66	53 SECTION 9. Section 15 of said chapter 119 is hereby amended by striking out the first
67	67	54paragraph and inserting in place thereof the following paragraph:-
68	68	55 The name of each person, and of none other, who has filed a statement and
69	69	56accompanying petition as aforesaid with the official residence and the title and term of the office
70	70	57for which the individual is a candidate for nomination, shall be printed on said ballots under the
71	71	58designation of office in the order in which they may be drawn by the city clerk, whose duty it
72	72	59shall be to make such drawing and to give each candidate an opportunity to be present in person
73	73	60or by 1 representative. Blank space shall be left at the end of each list of candidates for
74	74	61nomination for the different offices equal to the number to be nominated therefore, in which the
75	75	62voter may insert the name of any person not printed on the ballot for whom the voter desires to
76	76	63vote for nomination for such office. There shall be printed on said ballots such directions as will
77	77	64aid the voter, as to wit: "vote for 1", "vote for not more than 2", and the like pursuant to section
78	78	6542 of chapter 54 of the General Laws.
79	79	66 SECTION 10. Said chapter 119 is hereby further amended by striking out section 16 and
80	80	67inserting in place thereof the following section:-
81	81	68 Section 16. No ballot used at any preliminary, special or regular city election shall have
82	82	69printed thereon any party or other political designation or mark, and there shall not be appended
83	83	70to the name of any candidate any such party or other political designation or mark, or anything
84	84	71showing the method of nomination, or indicating the candidate's views or opinions pursuant to
85	85	72section 34 of chapter 53 of the General Laws.
86	86	73 SECTION 11. Said chapter 119 is hereby further amended by striking out section 18 and
87	87	74inserting in place thereof the following section:- 5 of 8
88	88	75 Section 18. The city clerk shall canvas returns from election officers and post them in a
89	89	76conspicuous place in city hall and in other manners consistent with city practices.
90	90	77 SECTION 12. The second paragraph of section 19 of said chapter 119 is hereby amended
91	91	78by striking out the second sentence and inserting in place thereof the following sentence:- In case
92	92	792 or more candidates should receive an equal number of votes for the same office at any
93	93	80preliminary election held under this act and 1 of such candidates would otherwise be entitled to
94	94	81the candidate's name upon the official ballot, then the names of all such persons shall be placed
95	95	82on the ballot.
96	96	83 SECTION 13. Paragraph 3 of section 24 of said chapter 119 is hereby amended by
97	97	84striking out the second sentence and inserting in place thereof the following sentence:- The city
98	98	85clerk shall keep the records of the meetings of the council.
99	99	86 SECTION 14. Section 25 of said chapter 119 is hereby amended by striking out the first
100	100	87sentence and inserting in place thereof the following sentence:- The city council may at any time
101	101	88request from the mayor specific information upon any municipal matter within its jurisdiction
102	102	89and may request the mayor's presence to answer written questions relating thereto at a meeting to
103	103	90be held not earlier than 1 week after the date of the receipt by the mayor of said questions.
104	104	91 SECTION 15. The first paragraph of section 29 of said chapter 119, as amended by
105	105	92section 1 of chapter 65 of the acts of 1935, is hereby further amended by striking out the words
106	106	93"in full in at least one newspaper of the city," and inserting in place thereof the following word:-
107	107	94in summary.
108	108	95 SECTION 16. Said first paragraph of said section 29 of said chapter 119, as so amended,
109	109	96is hereby further amended by striking out the word "additional". 6 of 8
110	110	97 SECTION 17. The second paragraph of said section 29 of said chapter 119, as so
111	111	98amended, is hereby further amended by inserting after the word "completed" the following
112	112	99words:- in summary.
113	113	100 SECTION 18. Said chapter 119 is hereby further amended by striking out sections 30 and
114	114	10131 and inserting in place thereof the following 2 sections:-
115	115	102 Section 30. Every order, ordinance, resolution and vote relative to the affairs of the city,
116	116	103adopted or passed by the city council, shall be presented to the mayor for approval. If the mayor
117	117	104approves, then the mayor shall sign it; if the mayor disapproves; it shall be returned to the city
118	118	105council in writing with the mayor's objections, which the city council shall enter at large on its
119	119	106records, and again consider it. If the city council, notwithstanding such disapproval of the mayor,
120	120	107shall again pass such order, ordinance, resolution or vote by a two-thirds vote of all members of
121	121	108the city council, it shall then be in force, but such vote shall not be taken for 7 days after its
122	122	109return to the city council. Every such order, ordinance, resolution or vote shall be in force if it is
123	123	110not returned by the mayor within 10 days after it was presented. This section shall not apply to
124	124	111budgets submitted under section 32 of chapter 44 of the General Laws or to appropriations by the
125	125	112city council under section 33 of said chapter 44.
126	126	113 Section 31. The civil service laws shall not apply to the appointment of the mayor's
127	127	114secretaries nor of stenographers, clerks, telephone operators and messengers connected with the
128	128	115mayor's office, and the mayor may remove such appointees without a hearing and without
129	129	116making a statement of the cause for their removal.
130	130	117 SECTION 19. The first paragraph of section 32 of said chapter 119, as amended by
131	131	118section 1 of chapter 590 of the acts of 1975, is hereby further amended by striking out the word 7 of 8
132	132	119"six", each time it appears, and inserting in place thereof, in each instance, the following word:-
133	133	120twelve.
134	134	121 SECTION 20. Said section 32 of said chapter 119, as so amended, is hereby further
135	135	122amended by adding the following 2 paragraphs:-
136	136	123 If the mayor is absent or unable from any cause temporarily to perform the duties of the
137	137	124office, or if the office is vacant during the first 12 months of the term, the mayor's duties shall be
138	138	125performed by the president of the city council. The person upon whom such duties shall devolve
139	139	126shall be called "acting mayor", and shall possess the powers of mayor only in matters not
140	140	127admitting of delay, but shall have no power to make permanent appointments. In the event that
141	141	128the office of mayor shall be vacated due to resignation or death prior to the end of the term, the
142	142	129acting mayor shall be entitled to the compensation as city council president in addition to 75 per
143	143	130cent of the then current rate of compensation of the mayor.
144	144	131 Should an appointive officer of the city be temporarily unable for any cause to perform
145	145	132official duties, the mayor or the city council, whichever has the power of original appointment,
146	146	133may make a temporary appointment of some person to act until the official shall resume duties.
147	147	134 SECTION 21. The first paragraph of section 33 of said chapter 119 is hereby amended by
148	148	135striking out the words "the nature of his interest in such contract," and inserting in place thereof
149	149	136the following words:- the nature of the interest in such contract.
150	150	137 SECTION 22. Sections 34 and 35 of said chapter 119 are hereby repealed. 8 of 8
151	151	138 SECTION 23. Section 37 of said chapter 119 is hereby amended by striking out the
152	152	139words "who shall be chairman" and inserting in place thereof the following words:- who shall be
153	153	140chairperson.
154	154	141 SECTION 24. The first sentence of section 38 of said chapter 119 is hereby amended by
155	155	142striking out the word "elect" and inserting in place thereof the following word:- appoint.
156	156	143 SECTION 25. Said section 38 of said chapter 119 is hereby further amended by striking
157	157	144out the second sentence and inserting in place thereof the following sentence:- No member of the
158	158	145school committee, except the mayor, shall hold any other office or position the salary or
159	159	146compensation for which is payable out of the city treasury during the elected term of office.
160	160	147 SECTION 26. The third sentence of said section 38 of said chapter 119 is hereby
161	161	148amended by striking out the word "vice-chairman" and inserting in place thereof the following
162	162	149word:- vice-chairperson.
163	163	150 SECTION 27. Section 51 of said chapter 119 is hereby repealed.
164	164	151 SECTION 28. This act shall take effect upon its passage.