AN ACT PROVIDING FOR THE FILLING OF VACANCIES IN THE CITY KNOWN AS THE TOWN OF AGAWAM.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Article 2 of the charter of the city known as the town of
is on file
in the office of the archivist of the commonwealth, as provided in
section 12 of chapter 43B,
is hereby amended by striking out section 2-6 and
inserting in place thereof the following section:-
Section 2-6 Filling of Vacancies. If a vacancy shall occur, by failure to
elect or otherwise, in the office of
councilor during the first 18 months of the term for which councilors are
elected, no special election shall be held. The city clerk shall notify the
council forthwith of the vacancy. Whichever
of the defeated
candidates for the office of council at the regular municipal election at which
councilors were last elected, who is eligible and willing to serve, and who
received the highest number of votes at the election shall fill the vacancy.
If the defeated
who received the highest number of votes is ineligible or unwilling to serve,
the defeated candidate with the next highest number of
votes shall fill the vacancy, and so on, until the vacancy is filled, if the
eligible and willing to serve and provided the person received votes at least
equal to 30 per cent of the vote total received by the person receiving the
largest number of votes for the office of councilor at the election. If there
is a tie among the defeated candidates in the election, the city clerk shall
conduct a recount of
the election. If the recount does not break the tie, a toss of the coin shall
determine the outcome. The clerk shall then list the order of the candidates.
no defeated candidate is eligible and willing to serve, the council by
majority vote of the full council shall select a registered voter of the town
to fill the vacancy.
Notwithstanding section 42C of chapter 54 of the General Laws, this act shall be submitted to
the voters of the city known as the
town of Agawam in the form of the following question which shall be placed on
ballot for the next municipal election:
"Shall an act passed by the general court
in the year 2001 entitled, 'An Act providing for the filling of vacancies in
city known as the town of Agawam', be accepted?" If
a majority of the votes cast in answer to said question is in the
section 1 shall take effect at the start of the next term for the position of
city, but not otherwise.
Section 2 of this act shall take effect upon its passage.