HOUSE DOCKET, NO. 4686        FILED ON: 4/6/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4227

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul J. Donato and Patricia D. Jehlen

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the election of a charter commission in the city of Medford at the state election (presidential election) to take place on November 8, 2016.

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PETITION OF:

HOUSE DOCKET, NO. 4686        FILED ON: 4/6/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4227

The Commonwealth of Massachusetts

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

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An Act authorizing the election of a charter commission in the city of Medford at the state election (presidential election) to take place on November 8, 2016.

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

    Be it hereby Resolved, that the Legislature of the Commonwealth of Massachusetts enact a Home Rule Petition allowing for the election of a Charter Commission in the City of Medford at the State Election (Presidential Election) to be held on November 8, 2016. Provided further, that the Legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.

   Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide a method of allowing the present Charter of the City of Medford be reviewed without the necessity of first securing the signatures of 15% of the voters in the City who were eligible to vote in the last state election as is required by G.L. c 43B § 3 and, further, forgoing necessity of submitting the question of adopting or revising the charter to the voters of the City of Medford as is required by G.L. c 43B § 4.

   Therefore, it is hereby declared to be an emergency law, necessary for the common good and public convenience of the residents of he City of Medford.

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.

   Notwithstanding section 3 and section 4 of Chapter 43B of the General Laws or the provisions of any general law, special law or regulation to the contrary, in the City of Medford a nine (9) person municipal Charter Commission shall be elected at the state (presidential) election that will take place on November 8, 2016.

  Notwithstanding the provisions of G.L. c 43B § 3, the election of the Charter Commission in the City of Medford shall not require the securing of signatures in an amount equal to fifteen percent (15%) of the voters in the City who were eligible to vote in the last state election; and,

   Notwithstanding the provisions of G.L. c 43B § 4, there shall not be a requirement that a question be submitted to the voters in the City of Medford asking them whether the present City Charter should be revised or another charter adopted.

   The Charter Commission, once elected shall be charged with the duty of deciding whether to recommend any revisions and amendments to the Plan A Charter, as modified by Chapter 605 of the Acts of 1986 and any applicable special laws and statutes, as the same is presently in effect in the City of Medford; and

   Notwithstanding the provisions of G.L. c 43B § 9, the Charter Commission shall be required to submit its final report containing any proposed revisions or amendments to the present City of Medford Charter on or before June 30, 2017 and that the any recommended revisions or amendments will be placed on the ballot for the next municipal election which will take place in November 7, 2017. 

   With the exception of the provisions and limitations set forth herein, the Charter Commission, shall be nominated and elected in accordance with the provisions of G.L. c 43B and shall have the powers of a Charter Commission as they same is set forth in G.L. c 43B to recommend revisions and amendments to the Plan A Charter, as modified by Chapter 605 of the Acts of 1986 and any applicable special laws and statutes, as the same is presently in effect in the City of Medford.

Section 2

This act shall take effect upon its passage.