Bill H.3569

HOUSE DOCKET, NO. 1517 FILED ON: 1/15/2015

HOUSE . . . . . . . . . . . . . . . No. 3569

By Mr. Ryan of Boston, a petition (accompanied by bill, House, No. 3569) of Daniel J. Ryan (with the approval of the city council) for legislation to amend the charter of the city of Chelsea. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act relative to the charter of the city of Chelsea.

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.The Charter of the City of Chelsea, as appearing in section 1 of Chapter 103 of the acts of 1994, is hereby amended by striking out section 2-4 and inserting in place thereof the following section:

Sec. 2-4. Filling of vacancies.

If a vacancy occurs in the office of city councilor, whether by failure to elect or otherwise, the remaining councillors shall, within 30 days following the date of such vacancy, act to fill said vacancy. The city council shall fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat from the last regular city election; provided, however, that the defeated candidate shall have received at least 30 percent of the total ballots cast for the particular seat being vacated. For the purpose of this section, the 30 percent minimum threshold shall be calculated as a ratio of ballots cast for the particular office being vacated to votes obtained by the defeated candidate. If there was no other candidate for said office or the defeated candidate shall not have received at least 30 percent of the total ballots cast, the city council shall at its discretion choose an individual, who may be the defeated candidate, from among the voters entitled to vote for such office to serve for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within 180 days following the date the vacancy is declared to exist. In the case where an election being held in which a candidate is elected to a seat that is vacant at the time of the election, the candidate deemed the winner of the election to said seat shall be immediately sworn in to serve the remainder of the term previously vacated at the regularly scheduled City Council meeting following the date the election results are officially certified.

Section 2. Said charter is hereby further amended by striking out section 3-2, as so appearing, and inserting in place thereof the following section:

Sec. 3-2. Filling vacancies.

If a vacancy occurs in the membership of the school committee whether by failure to elect or otherwise, the president of the city council shall, within 30 days following the date of such vacancy, call a joint meeting of the city council and the school committee to act to fill said vacancy. At any such joint meeting a majority of those present and voting shall fill the vacancy for the remainder of the unexpired term by choosing the defeated candidate for said seat at the last regular city election; provided, however, that the defeated candidate shall have received at least 20 percent of the ballots cast for the particular seat being vacated. For the purpose of this section, the 20 percent minimum threshold shall be calculated as a ratio of ballots cast for the particular office being vacated to votes obtained by the defeated candidate. If there was no other candidate for said office or the defeated candidate shall not have received at least 20 percent of the total ballots cast, the city council and the school committee shall at their discretion choose an individual, who may be the defeated candidate, from among the voters entitled to vote for such office for the remainder of the unexpired term. Any person so chosen shall take the oath of office and commence to serve forthwith. No vacancy shall be filled, in the manner herein provided, if a regular city election is to be held within 180 days following the date the vacancy is declared to exist. In the case where an election being held in which a candidate is elected to a seat that is vacant at the time of the election, the candidate deemed the winner of the election to said seat shall be immediately sworn in to serve the remainder of the term previously vacated at the regularly scheduled School Committee meeting following the date the election results are officially certified.

Section 3. Said charter is hereby further amended by striking out section 4-2, as so appearing, and inserting in place thereof the following section:

Sec. 4-2. Powers of appointment.

Except as otherwise provided by this Charter, the city manager shall appoint, based upon merit and fitness alone, all officers and employees for whom no other method of selection is provided in this Charter except employees of the school department.

The city manager shall appoint all members of multiple-member bodies provided, however, that appointments made by the city manager shall become effective on the 30th day following the day on which notice of the proposed appointment is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such appointment or has sooner voted to affirm it. If the Notice of Appointment is filed after the City Council has recessed for longer than thirty (30) days, then the appointment, if not acted upon, shall become effective the day after the next scheduled City Council meeting, provided however, that the city manager may make a temporary appointment if the city manager determines that the position must be filled in order to assure continuity of services or effective and prompt response to the city’s emergency needs.

Section 4. Said charter is hereby further amended by striking out section 6-1, as so appearing, and inserting in place thereof the following section:

Sec. 6-1. Organization of city agencies.

(a) Methods of organization. The organization of city government into operating agencies for the provision of services and the administration of government shall be the responsibility of the city manager. Subject only to the express prohibitions in the laws of the commonwealth or the provisions of this Charter, the city manager may by administrative order reorganize, consolidate, create, merge, divide or abolish any city department or agency, in whole or in part, establish such new city agencies as the city manager deems necessary or advisable, and prescribe the functions and the administrative procedures to be followed by all such agencies.

Administrative orders made by the city manager shall become effective on the 30th day following the day on which notice of the proposed administrative order is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such administrative order or has sooner voted to affirm it. If the Notice of Proposed Administrative Order is filed after the City Council has recessed for longer than thirty (30) days, then the order shall become effective, if not acted upon, the day after the next scheduled City Council meeting.

(b) Publication of administrative code. For the convenience of the public, the administrative orders establishing the nature of the city organization and any amendments thereto shall be printed as an appendix to, but not be an integral part of, the ordinances of the City of Chelsea.

Section 5. Said charter is hereby further amended by striking out section 6-3, as so appearing, and inserting in place thereof the following section:

Sec. 6-3. Traffic and parking commission.

(a) Establishment composition of commission. Until such time as provided otherwise by paragraph (a) of section 6-1, there shall be a traffic and parking commission which shall consist of the police chief, who shall serve as chairperson, the fire chief, the director of public works, the director of community development, or their designees, and three resident members appointed in accordance with section 4-2. The officer or employee appointed as parking clerk in accordance with the laws of the commonwealth shall serve as clerk to the traffic and parking commission.

(b) Powers and duties. The traffic and parking commission shall have exclusive authority, except as otherwise provided by this Charter, to adopt, amend, alter, and repeal rules and regulations, not inconsistent with the General Laws, relative to vehicular traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways under the control of the city, including rules and regulations, designing any way or part thereof under said control as a through way under and subject to the provisions of section 9 of chapter 89 of the General Laws [M.G.L. c. 89, § 9], and may prescribe penalties for violation of any rule or regulation adopted hereunder.

All rules and regulations promulgated by authorized vote of the traffic and parking commission, except temporary or emergency rules and regulations promulgated for less than 30 days, shall become effective on the 30th day following the day on which notice of proposed rule or regulation is filed with the city council, unless the city council shall within such period by majority of the full city council vote to reject such rule or regulation or has sooner voted to affirm it. If the Notice of proposed rule or regulation is filed after the City Council has recessed for longer than thirty (30) days, then the rule or regulation, if not acted upon, shall become effective the day after the next scheduled City Council meeting, provided however, that the Traffic and Parking Commission may make a temporary rule or regulation if the Commission determines that the position must be filled in order to assure continuity of services or effective and prompt response to the city’s emergency needs.

Ten residents of the city, who are 18 years of age or older, may petition the traffic and parking commission relating to any rule or regulation adopted or proposed to be adopted provided the rule or regulation has not been in effect for a period no longer than 90 days. The traffic and parking commission shall hold a public hearing thereon within 30 days after the filing with the traffic and parking commission of such petition.

If a public hearing shall be held on any proposed rule or regulation, the proposed rule or regulation shall not be adopted until the public hearing has been concluded. After the public hearing has been held, any vote on the subject matter must be passed by a majority of the full membership on the traffic and parking commission.

All rules and regulations adopted after any public hearing shall be published in a least one newspaper of general circulation in the city.

Section 6. Said charter is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:

Sec. 10-1. Continuation of existing laws.

All ordinances, resolutions, rules, regulations, and votes of the city council and all administrative orders adopted by the receiver which are in force at the time this Charter is adopted, not inconsistent with the provisions of this Charter, shall continue in full force until amended or repealed.

Where provisions of this Charter conflict with provisions of city ordinances, rules, regulations, orders, and special acts and acceptances of laws of the commonwealth, the provisions of this Charter shall govern. All provisions of city ordinances, rules, regulations, orders and administrative orders of the receiver not superseded by this Charter shall remain in force.

Sec. 10-2. Continuation of obligations.

All official bonds, obligations, contracts and other instruments entered into or executed by or to the city before the adoption of this Charter, and all taxes, special assessments, fines, penalties, forfeitures incurred or imposed, due or owing to the city, shall be enforced and collected, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue and remain unaffected by this Charter. No legal act done by or in favor of the city shall be rendered invalid by the adoption of this Charter.

Name:	District/Address:	Date Added:
Daniel J. Ryan	2nd Suffolk	1/15/2015