SENATE DOCKET, NO. 58        FILED ON: 1/12/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 795

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act relative to municipal officials..

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. Section 6A of Chapter 39 of the General laws, as amended by section 1 of Chapter 7 of the acts of 1999, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of any city charter to the contrary, the mayor and the members of the city council, or other legislative body of a city, shall receive for their services such salary as the city council or other legislative body of a city shall by ordinance determine, and shall receive no other compensation  from such city, except that a member of a city council of said city may receive a salary for serving as an instructor in a municipal college of such city, except that a member of a town council in a municipality with a town council form of government may receive a salary for serving as a municipal employee of said municipality; provided, however, that said city or town council member may not vote on or act in any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; provided further, that no such council member  shall be eligible for appointment to any such additional position while he is still a member of the city or town council or for six months thereafter and except that, in accordance with the provision of the seventh paragraph of section 20 of Chapter 268A, any elected municipal official, other than a mayor; may chose to receive either compensation for service as an employee of a housing authority in such municipality, but may not receive both.

SECTION 2.  Section 17A of Chapter 43 of the General Laws, as amended by section 2 of said chapter 7 of the acts of 1999, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The mayor or city manager and the members of the city council shall receive for their services such salary as the city council shall by ordinance determine, and they shall receive no other compensation from the city, except that a member of the city or town council in a municipality with a city or town council form of government may receive a salary for serving as a municipal employee of said municipality; provided, however, that said city or town council member may not vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; provided further, that no such council member shall be eligible for appointment to any such additional position while he is still a member of the city or town council or for six months thereafter.

SECTION 3.  Section 20 of Chapter 268A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 64 to 68, inclusive, the words, “provided, however, that such selectman shall not, except as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right to choose which compensation he shall receive; provided further that no such selectman” and inserting in place thereof the following words:-- provided, however, that if such selectman receives a salary for both positions, he.

SECTION 4.  The sixth paragraph of said section 20 of said chapter 268A, as so appearing, is hereby further amended by striking out the last sentence.