HOUSE DOCKET, NO. 4950        FILED ON: 3/21/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4636

The Commonwealth of Massachusetts

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PRESENTED BY:

Andres X. Vargas 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 providing for the election of at large and ward councilors and school committee members in the city of Haverhill.

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PETITION OF:

HOUSE DOCKET, NO. 4950        FILED ON: 3/21/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4636

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 providing for the election of at large and ward councilors and school committee members in the city of Haverhill.

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 Haverhill, which is on file with the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out section C-31 and inserting in place thereof the following section:

C-31. School Committee, Number, Term, etc.

There shall be in the city of Haverhill a school committee, which committee shall have all the rights, powers and duties of a school committee as provided by the general laws, the city charter, or any amendments thereto.  The school committee shall consist of the mayor, who shall be the chairman, and three members elected at large and one member shall be elected from each district of the city, which district shall be one ward, or otherwise, as defined in the ordinances of the city.  Each member shall be elected for a term of 2 years.  At the first regular municipal election held after the adoption of these provisions, the three current members who were elected to a four year term commencing in the previous municipal election shall be eligible to continue to serve and complete their full term as the committee’s three members elected at large. Thereafter, as these terms expire, all at large members shall be elected for 2 year terms.

SECTION 2.  Said charter is hereby further amended by striking out section C-44C and inserting in place thereof the following section:

C-44C. Candidates for Nomination, Persons Eligible; Statement and Petition

Any person who is qualified to vote for a candidate for any elective municipal office and who is a candidate for nomination thereto, shall be entitled to have their name as such candidate printed on the official ballot to be used at a preliminary election; provided, that within the time prescribed by section ten of chapter fifty-three in the case of preliminary elections in cities they shall file with the city clerk a statement in writing of their candidacy, and with it the petition of at  least fifty voters for candidates for mayor, city councilor at large or school committee at large, or, twenty-five voters for candidates for district councilor or district school committee member, qualified to vote for a candidate for the said office. Said statement and petition shall be in substantially the following form:–

STATEMENT OF CANDIDATE

Form of statement.–I (___________________________), on oath declare that I reside at (number if any) on (name of street) in the city of ________________________; that I am a voter therein, qualified to vote for a candidate for the hereinafter mentioned office; that I am a candidate for the office of (name of office) for (state the term) to be voted for at the preliminary election to be held on Tuesday, the _____ day of _____________, twenty hundred and _________, and I request that my name be printed as such candidate on the official ballot for use at said preliminary election.

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(Signed)

Commonwealth of Massachusetts,

Subscribed and sworn to on this day of _____, twenty hundred and ________ before me,

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(Signed)

(Justice of the Peace, or, Notary Public.)

PETITION ACCOMPANYING STATEMENT OF CANDIDATE

Form of petition.–Whereas (name of candidate) is a candidate for nomination for the office of (state the office) for (state the term), we, the undersigned, voters of the city of _____, duly qualified to vote for a candidate for said office, do hereby request that the name of said (name of candidate) as a candidate for nomination for said office be printed on the official ballot to be used at the preliminary election to be held on the _____ Tuesday of _________, twenty hundred and __________.

We further state that we believe them to be of good moral character and qualified to perform the duties of the office.

No acceptance by the candidate for nomination named in the said petition shall be necessary to its validity or its filing, and the petition, which may be on one or more papers, need not be sworn to.

Nomination papers shall differentiate between councilor at large and district councilor, and, school committee member at large and district school committee member, and shall be furnished by the city clerk to individuals requesting the same. All incumbent elected councilors or school committee members who submit nomination papers for election to the city council or school committee on which they currently serve at any municipal election hereafter, shall be entitled to have the words “candidate for re-nomination” or “candidate for re-election” appear next to their name on the ballot.

SECTION 3.  Said charter is hereby further amended by striking out section C-50 and inserting in place thereof the following section:

C-50. City Council, Number, Election, etc.

The legislative powers of the city shall be vested in a city council consisting of eleven persons. One of its members shall be elected by the council annually as its president. Each councilor shall be elected for a term of 2 years: four councilors shall be elected at large by the qualified voters of the entire city and one councilor shall be elected from each district of the city by the qualified voters therein, which district shall be one ward, or otherwise, as defined in the ordinances of the city.

SECTION 4.  Said charter is hereby further amended by inserting after section C-50A the following section:

C-50B. Removal from City or District. 

A city councilor at large, district city councilor, school committee member at large or district school committee member that removes from the city during their elected term shall be deemed by the city clerk to have vacated their office.  A district city councilor or district school committee member that moves from one district to another during the first 18 months of the elected term shall be deemed to have vacated their seat, however, a district city councilor or district school committee member who removes from the district from which they were elected during the last six months of the elected term may complete their term as district city councilor or district school committee member. 

SECTION 5.  This act shall take effect upon its passage, and the offices of 4 councilors at large and 7 ward councilors, and 3 at large school committee members, if any vacancies, and 7 ward school committee members, shall appear on the ballot at the 2023 biennial city election and each biennial city election thereafter.