HOUSE DOCKET, NO. 4293        FILED ON: 6/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3925

The Commonwealth of Massachusetts

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PRESENTED BY:

James M. Kelcourse and Diana DiZoglio

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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 amending the charter of the city of Newburyport.

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PETITION OF:

HOUSE DOCKET, NO. 4293        FILED ON: 6/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3925

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act amending the charter of the city of Newburyport.

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 1-7 of article 1 of the charter of the city of Newburyport, 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 the definitions of “City office” and “City officer” and inserting in place thereof the following 2 definitions:-

(4) “City office,” a position having charge of a city department, including, without limitation, the position of city solicitor.

(5) “City officer,” when used without further qualification or description, shall mean a person having charge of an office or department of the city who in the exercise of the powers or duties of that position exercises some independent statutory authority, including, without limitation, the city solicitor.

SECTION 2. Subsection (c) of section 2-6 of article 2 of said charter is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-

(2) Special meetings of the city council shall be held at the call of the president or at the call of any 6 or more members, for any purpose, by causing a notice of the meeting to be delivered (i) in hand or to the place of business or residence of each member of the city council; or (ii) by email to each member of the city council with electronic confirmation of receipt. This notice shall, except in an emergency of which the president shall be the sole judge, be delivered at least 48 weekday hours in advance of the time set and shall specify the purpose or purposes for which the meeting is to be held. A copy of each such notice shall immediately be posted in accordance with applicable laws.

SECTION 3. Section 2-9 of said article 2 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Measures. No measure that is an ordinance or an order shall be passed finally on the date on which it is introduced, except in the case of an emergency. Except as otherwise provided by the charter, every adopted measure shall become effective at the expiration of 10 days after adoption or upon the signature of the mayor, whichever occurs first. No ordinance shall be amended or repealed except by another ordinance adopted in accordance with the charter, or as provided in the initiative or referendum procedures.

SECTION 4. Said section 2-9 of said article 2 of said charter is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Charter objection. On the first occasion that the question on adoption of a measure that is an ordinance or an order is put to the city council, if a single member present object to the taking of the vote, the vote shall be postponed until the next meeting of the city council whether regular or special. If 2 members present shall object, such postponement shall be until the next regular meeting; but for an emergency measure at least 4 members present, in all, must object. This procedure shall not be used more than once for any specific matter notwithstanding any amendment to the original matter. A charter objection shall have privilege over all motions but must be raised prior to or at the call for a vote by the presiding officer and all debate shall cease.

SECTION 5. Section 3-1 of article 3 of said charter is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Prohibitions. The mayor shall hold no other city office or city employment for which a salary or other emolument is payable from the city treasurer. No former mayor shall hold any compensated appointed city office or city employment, nor shall they appear personally before any city agency as agent or attorney for anyone other than themselves, their spouse, their parents, their children, or their siblings, until 1 year following the date on which the former mayor’s city service has terminated. This provision shall not prevent a city officer or other city employee who has vacated a position in order to serve as mayor from returning to the same office or other position of city employment held at the time the position was vacated, if such position exists, but no such person shall be eligible for any other municipal position until at least 1 year after the termination of service as mayor. This prohibition shall not apply to persons covered under the leave of absence provisions under the civil service law, pursuant to chapter 31 of the General Laws. Except as state law may otherwise expressly permit, a lawyer who has formerly served as mayor shall at no time represent a client in connection with a matter in which the lawyer participated personally and substantially while serving as mayor, unless the city council gives its informed consent, confirmed in writing, to the representation.

SECTION 6. Subsection (a) of section 6-5 of article 6 of said charter is hereby amended by striking out the words “April 1” and inserting in place thereof the following words:- May 15.

SECTION 7. Subsection (c) of said section 6-5 of said article 6 of said charter is hereby amended by striking out the words “June 1” and inserting in place thereof the following words:- July 1.

SECTION 8. The second sentence of subsection (b) of section 9-7 of article 9 of said charter is hereby amended by striking out the words “in the city public library” and inserting in place thereof the following words:- on the city website