SENATE DOCKET, NO. 2608        FILED ON: 6/29/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2397

The Commonwealth of Massachusetts

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PRESENTED BY:

Donald F. Humason, Jr.

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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 relative to the selection of school committeepersons in the city known as the Town of Agawam.

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PETITION OF:

SENATE DOCKET, NO. 2608        FILED ON: 6/29/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2397

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 relative to the selection of school committeepersons 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, as follows:
 

SECTION 1.  Section 4-6 of said charter shall be deleted in its entirety and inserting in place thereof the following:- If a vacancy shall occur, by failure to elect or otherwise, in the office of school committeeperson during the first eighteen (18) months of the term for which school committeepersons are elected, no special election shall be held. The City Clerk shall notify the school committee forthwith of such vacancy. The school committee shall, within fifteen (15) days of such notification, choose as school committeeperson for the vacancy, whichever of the defeated candidates for the office of school committeeperson at the regular municipal election at which school committeepersons were last elected, who is eligible and willing to serve, and who received the highest number of votes at such election. If the defeated candidate who received the highest number of votes is ineligible or unwilling to serve, the school committee shall choose the defeated candidate with the next highest number of votes, as so on, until such vacancy is filled, provided such person remains eligible and willing to serve and provided such person received votes at least equal to thirty percent of the vote received by the person receiving the largest number of votes for the office of school committee at said election. If there is a tie in the election the City Clerk shall conduct an automatic recount of the election. If the recount does not break the tie a toss of the coin shall determine the outcome. The Clerk will then list the order of the candidates. If no defeated candidate is eligible and willing to serve, the school committee shall by majority vote of the full committee select a registered voter of the Town of Agawam to fill such vacancy.

If such vacancy shall occur after the eighteen (18) calendar months of the term for which the school committeepersons are elected, the preceding shall not apply. The person elected at the next regular town election following the creation of the vacancy who receives the highest number of votes for school committeeperson and who is not then an incumbent member of the school committee shall immediately be sworn and shall, in addition to the term for which the person was elected, serve for the balance of the then unexpired vacant term.

SECTION 2.  This act shall be submitted for acceptance to the qualified voters of the town of Agawam at the 2017 regular election in the form of the following question:

“Shall an act passed by the General Court in the year 2016, entitled ‘An Act Relative to the Leadership and Governance of the city known as the Town of Agawam’ be accepted?”

Below the question shall appear a fair and concise summary of the proposed charter amendments prepared by the city solicitor. 

If a majority of votes cast in answer to this question is in the affirmative, section 1 shall be applicable in the town of Agawam and the charter shall be amended as set forth herein, but not otherwise. 

SECTION 3. The city solicitor shall prepare the summary required under section 7 not later than sixty (60) days before the election under section 58A of chapter 54 of the General Laws.

SECTION 4.  This act shall take effect upon passage.