Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Article 2 of the charter of the city of Attleboro, which is on file in the office of the archivist of the commonwealth as provided in section twelve of chapter forty-three B of the General Laws, is hereby amended by striking out section 2-6 and inserting in place thereof the following section:-

Section 2-6. If there be a vacancy on the municipal council by death, resignation, removal from office, failure to elect or otherwise at any time preceding the last nine calendar months of the term for which a councillor was elected, it shall be filled by special election in the following manner:

(a) Notice - Within seven days following the date of the municipal council declaring that the position is vacant, the clerk of the council shall cause notice of the vacancy to be published for three successive days in one or more newspapers having general circulation in the city. The notice shall state the date of the special election and the time within which those voters who wish to be considered as candidates for filling the vacancy shall file papers which time shall not be less than fourteen nor more than twenty-one days following the last day of such publication.

(b) Filing by Candidates - All voters who wish to be considered candidates to fill the vacancy, and who are qualified under section 2-1, shall file with the board of election commissioners nomination papers which bear the same number of signatures of voters as were required for nomination to the office at the preceding preliminary election. All such papers shall be certified by the board of election commissioners within seven days following such submissions and all regulations relating to the certification of such papers at a regular city election shall apply hereto.

(c) Action by Municipal Council - No vacancy which occurs during the last nine calendar months of the term shall be filled unless failure to act would result in less than eight members serving in the office of councilman. In that event all vacancies then existing shall be filled in the manner provided above until the municipal council is returned to its full complement.

Whenever a vacancy exists on the municipal council at the time of the regular city election the person elected at said election to the seat for which the vacancy exists shall forthwith be sworn and shall serve for the balance of the unexpired term in addition to the term for which he was elected. If the vacancy is in the office of councilman at large the seat shall be filled by the person receiving at said regular election the highest number of votes for the office of councilman at large and who is not then serving as a member of the municipal council.

SECTION 2. Article 4 of said charter which is on file in said office of the archivist of the commonwealth is hereby amended by striking out section 4-5 and inserting in place thereof the following section:-

Section 4-5. If there be a vacancy by death, resignation, removal from office, failure to elect or otherwise in the office of school committee member, it shall be filled in the same manner as provided in section 2-6 for Filling of Vacancies in the membership of the municipal council following the school committee's giving notice of any vacancy to the municipal council forthwith. No vacancy which occurs during the last nine calendar months of the term shall be filled unless failure to act would result in less than six members serving in the office of school committeeman. In that event all vacancies then existing shall be filled in the manner provided above until the school committee is returned to its full complement.

Whenever a vacancy exists on the school committee at the time of the regular city election the person elected at said election to the seat for which the vacancy exists shall forthwith be sworn and shall serve for the balance of the unexpired term in addition to the term for which he was elected. If the vacancy is in the office of school committeeman at large the seat shall be filled by the person receiving at said regular election the highest number of votes for the office of school committeeman at large and who is not then serving as a member of the school committee.

SECTION 3. Article 5 of said charter which is on file with said office of the archivist of the commonwealth by striking out section 5-5 and inserting in place thereof the following section:-

Section 5-5. If there be a vacancy in the office of city clerk, city treasurer or city collector by death, resignation, removal from office, failure to elect or otherwise it shall be filled in the same manner as provided in section 2-6 for filling vacancies in the membership of the municipal council. No vacancy which occurs during the last nine calendar months of the term shall be filled. Whenever a vacancy exists at the time of the regular city election the person elected at said election to the vacant office shall serve for the balance of the unexpired term in addition to the term for which he was elected.

SECTION 4. The state secretary shall cause the following question to be placed on the official ballot to be used in the city of Attleboro at the biennial state election to be held in the year nineteen hundred and eighty-six:- "Shall an act passed by the general court in the year nineteen hundred and eighty-six, entitled 'An Act relative to the filling of vacancies in the offices of city council, school committee and other elected officers in the city of Attleboro', be accepted " If a majority of the votes cast in answer to said question is in the affirmative then the act shall take full effect, but not otherwise.

SECTION 5. This act shall take effect upon its passage.