Bill S.1994

SENATE DOCKET, NO. 1998 FILED ON: 1/29/2014

SENATE . . . . . . . . . . . . . . No. 1994

By Mr. Rosenberg, a petition (accompanied by bill, Senate, No. 1994) of Stanley C. Rosenberg and Paul W. Mark (with the approval of the mayor and city council) for legislation to amend the charter of the city known as the Town of Greenfield. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act amending the charter of the city known as the Town of Greenfield.

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 2-1 of the charter of the city known as the town of Greenfield, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following:-

(b) Term of Office – The term of office for all Town Councilors shall be for four (4) years each, beginning on the first business day of January after the Town Election, and until their successors have been qualified.

SECTION 2. Section 2-2 of said charter is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following:-

(a) Election and Term – As soon as practicable after the Councilors-elect have been qualified following each Town Election or on the first business day of the New Year, the members of the Town Council shall elect from among its members a Council President who shall serve during the ensuing year.

SECTION 3. Subsection (b) of section 2-6 of said charter is hereby amended by striking out the word “bylaw” and inserting in place thereof the following:-

ordinance

SECTION 4. Section 3-1 of said charter is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following:-

(b) Term of Office – The term of office of the Mayor shall be four (4) years beginning on the first business day of January following the Town Election at which he/she was chosen and until a successor is qualified.

SECTION 5. Section 3-2 of said charter is hereby amended by inserting, after subsection (f), the following:-

(g) Declaration of Emergencies

(1) Whenever a national emergency is declared by the President or designated Federal agency/department (i.e. FEMA, EPA, etc.), or a state emergency is declared by the Governor of the Commonwealth of Massachusetts or designated State agency/department (i.e. MEMA, DEP, etc.), or whenever any natural disaster, heavy snow or ice storm, drought, or fire, or chemical, biological and nuclear accident or attack, or riot, mob or other act of lawlessness or civil disorder, endangers the health, safety and good order of persons or property within the Town, the Mayor may declare a state of emergency. Any such declaration shall state the reasons for its issuance, the geographic area governed, what property or types of property may be appropriated to respond to the specified emergency and the extent to which lawful activity shall be prohibited or impaired. The declaration shall be effective for a period of time not to exceed five (5) calendar days, except that such effective time may be extended upon the approval of the City Council that a state of emergency continues to exist. The Mayor shall, as soon as practicable, transmit any such declaration to the Town Clerk. The Town Council may, at any time after the Mayor declares a state of emergency, by majority vote, repeal, rescind, or modify any such declaration.

(2) During any state of emergency as described herein, the Mayor may, within the limits of the amount appropriated therefore, appoint such experts, clerks, assistants, and such personnel as the work of the Town may require, and he/she may remove them. The Mayor shall have the authority to appoint district coordinators as may be required. The Mayor may make such expenditures within the appropriation therefore, or from any funds available to him/her, as may be necessary to execute effectively the purpose of Chapter 629 of the Acts of 1950, or any other applicable law. The Mayor may also take command of any public building owned by the Town and all motor vehicles and other mechanical means of transportation, and all equipment related thereto, owned and controlled by the Town or any of its departments (including the School Department), boards, commissions and agencies, for the duration of the state of emergency and deem such vehicles emergency vehicles. All Town and School employees in possession of such vehicles and equipment shall comply with the directives of the Mayor regarding the use of such vehicles.

(3) The Mayor on behalf of the Town shall have the authority to receive on behalf of the Town, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, ordered by the Federal or State government, or any agency or office thereof, or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency or entity making the offer.

(4) All references to Chapter 639 of the Acts of 1950, shall be applicable to the act or acts in amendment or continuation of or substitution for said Chapter 639. Nothing in this chapter shall be deemed to limit or otherwise abridge the emergency powers or direction and control over emergency management or civil defense vested in the Mayor by virtue of the Charter, any statute or the common law.

SECTION 6. Section 3-3 of said charter is hereby amended by inserting, after subsection (c), the following:-

(d) The Mayor shall appoint five (5) members of the Board of Trustees for Soldiers’ Memorials, subject to confirmation by the Town Council, consistent with section 105 of chapter 41 of the Massachusetts General Laws.

SECTION 7. Subsection (a) of section 3-9 of said charter is hereby amended by striking out “twenty-seven (27)” and inserting in place thereof the following:-

thirty-nine (39)

SECTION 8. Section 4-1 of said charter is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following:-

(b) Term of Office - The term of office for the 6 persons elected by the voters as school committee members shall be for four (4) years each, with staggered terms, beginning on the first business day of January after the town election and continuing until their successors have been qualified.

SECTION 9. Section 4-2 of said charter is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following:-

(a) Election and Term – As soon as practicable after the school committee members-elect have been qualified following each Town Election or on the first business day of the New Year, as provided in section 8-8, the school committee shall organize by electing one (1) of its members to serve as school committee chair and one (1) of its members to serve as school committee vice-chair who shall serve during the ensuing year.

SECTION 10. Section 6-11 of said charter is hereby amended by striking out subsection (c) in its entirety and inserting in place thereof the following:-

SECTION 11. Subsection (a) of section 6-14 of said charter is hereby amended by striking out “three (3) years” and inserting in place thereof:-

four (4) years

SECTION 12. Said section 6-14 of said charter is hereby further amended by striking out inserting, after subsection (c), the following:-

(d) Term of Office – The term of office for all elected members of the Board of Assessors shall be four (4) years each, with staggered terms, beginning on the first business day of January after the Town Election, and until their successors have been qualified.

SECTION 13. Section 6-22 of said charter is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following:-

(a) At the election, the voters shall, in every year when the terms of officers referred to herein expire, elect the following Town officers for the following terms: Three (3) trustees of the A.K. Warner Trust for a term of two (2) years; three (3) Trustees of the Jennie L. Bascom Education Fund for a term of two (2) years; one (1) elector under the Will of Oliver Smith for a term of two (2) years; and such other officers as required by law to be elected.

SECTION 14. Section 7-1 of said charter is hereby amended by striking out “second Tuesday in June” and inserting in place thereof the following:-

first Tuesday after the first Monday in November on years ending in an odd number

SECTION 15. Subsection (b) of section 7-2 of said charter is hereby amended by inserting, after the word “sought,” the following:-

; for the office of Assessor, not less than one hundred (100) such signatures, provided, however, that not more than twenty-five (25) signatures from any one (1) precinct shall be counted in the minimum number of required signatures

SECTION 16. Said subsection (b) of said section 7-2, is hereby further amended by striking out the second sentence and inserting in place thereof the following:-

All other elected officials shall be required to obtain not less than twenty-five (25) signatures to place their name on the official ballot.

SECTION 17. Subsection (a) of section 8-8 of said charter is hereby amended by striking out the words “in July of each year” and inserting in place thereof the following:-

of the New Year

SECTION 18. Section 9-5 of said charter is hereby amended by striking out said section in its entirety and inserting in place thereof the following:-

SECTION 9-5: TRANSITION

The first Town Election will be held on the first Tuesday after the first Monday in November on years ending in an odd number in the year following the year in which the charter amendments are accepted by the voters and legislature.

Upon acceptance of these Charter amendments by the legislature and voters, the terms of office of all elected officials holding office on that date will expire on December 31, 2015.

Transitional elections in 2015 shall provide for one (1) Mayor to be elected for a four (4) year term; two (2) Town Councilors at Large and Precinct Councilors in Precincts 1, 2, 3, and 4 for four (4) year terms and two (2) Town Councilors at Large and Precinct Councilors in Precincts 5, 6, 7, 8, and 9 for two (2) year terms; three (3) School Committee members to be elected for four (4) year terms and three (3) members of the School Committee to be elected for two (2) year terms; one (1) Assessor to be elected for a four (4) year term and one (1) Assessor to be elected for a two (2) year term. Thereafter, elections shall provide for elected officials to hold terms of office as provided for in this charter

Name:	District/Address:
Stanley C. Rosenberg	Hampshire, Franklin and Worcester
Paul W. Mark	2nd Berkshire