Bill H.3725

HOUSE DOCKET, NO. 4165 FILED ON: 2/17/2023

HOUSE . . . . . . . . . . . . . . . No. 3725

By Representative Blais of Deerfield and Senator Comerford, a joint petition (accompanied by bill, House, No. 3725) of Natalie M. Blais and Joanne M. Comerford (with the approval of the mayor and city council) relative to amending the charter of the city known as the town of Greenfield. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act amending the charter of the city of Greenfield.

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. Article 2 of the charter of the city known as the town of Greenfield, 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 section 2-2 and inserting in place thereof the following section:-

SECTION 2-2: COUNCIL PRESIDENT AND VICE PRESIDENT

(a)Election and Term –On the first business day of the new year, the members of the City Council shall elect from among its members a Council President and Vice President who shall serve during the ensuing year.

(b)Powers and Duties - The Council President shall preside at all meetings of the City Council, regulate its proceedings and shall decide all questions of order. The Council President shall appoint all members of all committees of the City Council, whether special or standing. The Council President shall have the same powers to vote upon all measures coming before the City Council as any other member of the City Council. The Council President shall perform such other duties consistent with the office as may be provided by Charter, by ordinance or by other vote of the City Council.

(c)Council Vice-President - The Vice-President shall serve as Acting President during the temporary absence or disability of the Council President during the ensuing term of office. The powers of an acting Council President shall be limited to only those powers of the president as may be necessary to the conduct of the business of the City Council in an orderly and efficient manner and which may not be delayed.

(d)Vacancies in the office of President or Vice President – In the event the Council President or Vice President shall vacate their office for any reason prior to the end of their term of office, at the next regularly scheduled meeting after such vacating and prior to conducting business the Councilors shall elect from among its members a successor President or Vice President to serve for the remainder of the term.

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

2. Special meetings of the City Council shall be held at the call of the Council President, or, on the call of any five (5) or more members, by written notice delivered in hand or to the place of residence of each member or by secure electronic communication that allows receipt confirmation and which contains a listing of the items to be acted upon. Except in case of an emergency, of which the Council President shall be judge, such notice shall be delivered at least forty-eight (48) hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the City bulletin board.

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

(c)Compensation - The City Council shall, by ordinance, establish an annual salary for the Mayor, which shall become effective immediately.

SECTION 4. Section 3-3 of said article 3 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The Mayor shall appoint, subject to the review of such appointments by the City Council as provided in section 2-10, all City officers, department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the Charter or by ordinance, excepting only persons serving under the School Committee, and persons serving under the City Council. Except as may otherwise be required by the civil service law or other applicable law, and in this Charter or by ordinance, appointments made by the Mayor shall be for indefinite terms. All persons categorized as department heads shall, subject to the consent of the Mayor, appoint all assistants, subordinates and other employees of the agency for which such person is responsible.

SECTION 5. Section 3-4 of said article 3 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) City Officers and Department Heads - The Mayor may remove or suspend any City officer, or the head of any City department appointed by the Mayor, by filing a written statement with the City Clerk setting forth in precise detail the specific reasons for such removal or suspension. A copy of the written statement shall be delivered in hand, or mailed by certified mail, postage prepaid, to the last known address of the said City officer, or head of a department. The said City officer, or head of a department, may make a written reply by filing such a reply statement with the City Clerk within ten (10) days following the date the statement of the Mayor has been filed; but, such reply shall have no effect upon the removal or suspension unless the Mayor shall so determine. The decision of the Mayor in suspending or removing a City officer or a department head shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for such suspension or removal solely in the Mayor. The removal shall take effect on the 30th day following the date of filing by the Mayor of the notice of removal in the office of the City Clerk.

SECTION 6. Section 3-6 of said article 3 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Special Meetings of the City Council - The Mayor may at any time call a special meeting of the City Council, for any purpose, by causing a notice of such meeting to be delivered in hand or to the place of business or residence of each member of the City Council, or by secure electronic communication that allows receipt confirmation. Such notice shall, except in an emergency of which the Mayor shall be the sole judge, be delivered at least forty-eight (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, forthwith, be posted on the City bulletin board.

SECTION 7. Section 3-8 of said article 3 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)Acting Mayor -The Mayor shall, by a letter filed with the City Council and a copy filed with the City Clerk, designate a qualified City officer or City employee to exercise the powers and perform the duties of the office during the temporary absence of the Mayor for periods of less than fifteen (15) business days and to serve only when the needs of the City require and only to the extent necessary under the then circumstances.

Whenever, by reason of sickness, absence from the City or other cause, the Mayor shall be unable to perform the duties of the office for a period of fifteen (15) successive business days, or more, the president of the City Council shall be the acting Mayor. In the event of the absence or disability of the President of the City Council, the Vice-president of the City Council shall serve as acting Mayor; and the Mayor’s qualified City officer or City employee designee shall assist the acting Mayor in their duties of the office during the absence or disability of the Mayor.

SECTION 8. Section 3-9 of said article 3 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)Council Election - If a vacancy in the office of Mayor occurs in the last nine (9) months of the term for which the Mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the City Council shall become the Mayor. Upon the qualification of the president of the City Council as the Mayor, under this section, a vacancy shall exist on the City Council, which shall be filled in the manner provided in Section 2-11. In the event the Council President or Vice President shall vacate their office for any reason prior to the end of their term of office, at the next regularly scheduled meeting after such vacating and prior to conducting business the Councilors shall elect from among its members a successor President or Vice President to serve for the remainder of the term.

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

(b)Power and Duties - The School Committee chair shall preside at all meetings of the School Committee, regulate its proceedings and shall decide all questions of order. The School Committee chair shall appoint, in accordance with School Committee Policy Manual, all members of all committees of the School Committee, whether special or standing. The School Committee chair shall have the same powers to vote upon all measures coming before the School Committee as any other member of the School Committee. The School Committee chair shall perform such other duties consistent with the office as may be provided by Charter, by ordinance or by other vote of the School Committee.

SECTION 10. Said section 4-2 of said article 4 of said charter is hereby further amended by adding the following subsection:-

(d)Secretary - The Secretary of the School Committee will keep or cause to be kept an accurate journal and permanent record book of all Committee meetings in which all its votes, orders and proceedings shall be recorded; will comply with state law and Committee policy regarding notification of meetings; and will render such reports as may be required by the state.

SECTION 11. Section 4-5 of said article 4 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)To make all reasonable rules and regulations for the management of the public school system and for conducting the business of the School Committee as may be deemed necessary or desirable., and as required by and allowed by law.

SECTION 12. Said article 4 of said charter is hereby further amended by striking out section 4-6 and inserting in place thereof the following section:-

SECTION 4-6: FILLING OF VACANCIES

Filling of Vacancies by School Committee - Whenever a vacancy shall occur in the office of School Committee member more than 90 days before the next regular biennial election, the vacancy shall be filled according to the procedures outlined in the School Committee policy manual at the time of such vacancy. Persons filling a vacancy by the School Committee shall serve only until the next regular election at which time the vacancy shall be filled by the voters and the person chosen to fill such vacancy shall forthwith be sworn and shall serve for the remainder of the unexpired term of the vacated seat. Persons serving as School Committee members under this section shall not be entitled to have the words "candidate for re-election" printed against their names on the election ballot. In the event of an impasse, the president of the City Council shall have a vote.

SECTION 13. Section 5-2 of article 5 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)Public Hearing - At least twenty-one (21) days before the meeting at which the School Committee is scheduled to vote on its final budget request, the School Committee shall cause to be published in a local newspaper, and on the city website, a general summary of its proposed budget. The summary shall specifically indicate any major variations from the current budget and the reasons for such changes. The notice shall further indicate the times and places at which complete copies of the proposed budget are available for examination by the public, and it shall indicate the date, time and place [not less than seven (7) nor more than fourteen (14) days following such publication], when a public hearing will be held by the School Committee on the proposed budget. The School Committee shall not take its final vote on its proposed budget until all persons who desire to be heard concerning the budget proposal have had a reasonable opportunity to be heard.

SECTION 14. Said article 5 of said charter is hereby further amended by striking out section 5-3 and inserting in place thereof the following section:-

SECTION 5-3: SUBMISSION OF BUDGET AND BUDGET MESSAGE

Not later than ninety (90) days before the start of the City 's fiscal year, the Mayor shall submit to the City Council a proposed operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The Mayor shall simultaneously provide for the publication in a local newspaper, and on the city website, of a notice and a general summary of the proposed budget. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which complete copies of the proposed operating budget for the City are available for examination by the public.

SECTION 15. Subsection (b) of section 5-7 of said article 5 of said charter is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The City Council may, by majority vote, on recommendation of the Mayor, transfer within the last 2 months of a fiscal year or during the first 15 days of a new fiscal year to apply to the previous fiscal year, an amount appropriated for the use of any department; provided, however, that no transfer shall be made at any other time of any amount appropriated for the use of a City department to the appropriation for any other department except by a 2/3 vote of the City Council; and provided further, that the City Council shall, by ordinance, provide a procedure governing such requests, which shall include at least 2 readings and a public hearing by the City Council and it shall specify the circumstances under which notice by publication in a newspaper shall be required. A request for a transfer of funds from 1 municipal agency to another shall be made by the Mayor, in writing, to the City Council and shall include a statement setting forth the reason the additional funds are needed by the agency to which it is proposed they be transferred. The request shall be accompanied by a certificate, signed by the finance director, accountant and head of the agency from which the appropriation is proposed to be taken, that such transfer will not prevent that agency from performing its vital functions.

SECTION 16. Article 6 of said charter is hereby amended by striking out section 6-2 and inserting in place thereof the following section:-

SECTION 6-2: MERIT PRINCIPLE

All appointments and promotions of City officers and employees shall be made on the basis of merit and fitness demonstrated by examination, education and certification, or by other evidence of competence and suitability.

SECTION 17. Said article 6 of said charter is hereby further amended by striking out section 6-3 and inserting in place thereof the following section:-

SECTION 6-3: DEPARTMENT OF MUNICIPAL FINANCE

(a)Establishment, Scope - There shall be a Department of Municipal Finance responsible for the performance of all of the fiscal and financial activities of the City. The Department of Municipal Finance shall include within it the City Accountant, the City Treasurer, the City Collector and the Board of Assessors; and it may have such additional powers, duties and responsibilities with respect to municipal finance related functions and activities as the City from time to time provide, by ordinance. So much of the powers of a chief procurement officer which the Mayor does not personally exercise, shall be assigned to the Department of Municipal Finance. All activity by the Mayor acting as a Chief Procurement Officer shall be processed through the Department of Municipal Finance.

(b)Director of Municipal Finance - The Department of Municipal Finance shall be under the direct control and supervision of a Director of Municipal Finance who shall be appointed by and who shall be responsible to the Mayor. The Mayor shall also appoint the person, or persons, performing the duties of City Collector and City Treasurer. The Director of Municipal Finance shall be a person especially fitted by education, experience and training to perform the duties of the office. The Director of Municipal Finance shall be responsible for the supervision and coordination of all activities of the Department of Municipal Finance in accordance with General Laws, City ordinance, administrative code and rules and regulations. The Director of Municipal Finance shall serve, as the Mayor may from time to time specify, as the City Treasurer, City Collector, Treasurer-Collector or City Accountant.

SECTION 18. Said article 6 of said charter is hereby further amended by striking out section 6-6 and inserting in place thereof the following words:- SECTION 6-6:RESERVE SECTION FOR FUTURE USE.

SECTION 19. Section 6-7 of said article 6 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)Powers and Duties - The Planning and Construction Committee shall be responsible for monitoring the physical condition of all municipal buildings and other facilities. The committee shall meet quarterly and file a written report at least annually with the Mayor in which it shall make recommendations as to the need for any project or projects. The Committee will meet with representatives of municipal agencies to evaluate the need for additions, renovations, or remodeling of any existing building or facility or for the construction of new buildings or other facilities, as necessary.

Whenever any construction work on any municipal building or other facility is authorized, the Planning and Construction Committee shall monitor the work through contact with the Department of Planning and Development and Building Inspections Department.

SECTION 20. The first sentence of the second paragraph of section 6-8 of said article 6 of said charter is hereby amended by inserting after the word “include” the following words:- , but not limited to.

SECTION 21. Said article 6 of said charter is hereby further amended by striking out section 6-11 and inserting in place thereof the following section:-

SECTION 6-11: PUBLIC SAFETY COMMISSION

(a)There shall be a Public Safety Commission consisting of seven (7) members, all of whom shall be residents and registered voters of the City, appointed by the Mayor subject to provisions of section 2-10.

(b)At the first meeting in each calendar year, the commission shall elect a chairperson, vice chairperson and secretary and the secretary shall keep a record of its meetings.

(c)The members shall serve 4-year staggered terms. Commission members shall serve without compensation.

(d)Powers and Duties: The commission shall assist the Mayor in the supervision and oversight of all departments (police, fire, emergency management, dispatch) including the coordination of the administration of all departments with one another, and with other City departments and agencies by making recommendations to the Mayor concerning.

1.Setting priorities within said departments;

2.The annual operating budgets of all departments, after the Mayor and commission have met with the public safety department heads to discuss the proposed budgets;

3.The capital budget requests of all public safety departments, shall be submitted to the Mayor after the commission has met with the public safety department heads to discuss the requests, provided, however, that commission members may only inspect the departments on an annual basis in connection with budget review. Inspections can include facility and equipment maintenance, department records, status of policies and procedures, and reviews of any other aspect of the departments deemed necessary to the smooth operation of said departments. Inspections shall be made only after approval from the public safety department heads has been obtained to insure it will not disrupt department operations.

4.Final interviews for appointments and promotions of all personnel in the police or fire department, shall be conducted by the commission and the respective public safety department heads. The respective public safety department heads shall submit recommendations to the commission and the commission, if it does not agree with said recommendations, shall submit written reasons for not concurring with said recommendations to the Mayor. Appointments and promotions of public safety personnel shall be made in accordance with collective bargaining agreements and applicable General Laws, and local hiring policy requirements as defined by the Mayor, respectively.

(e)The commission shall review written complaints made by the public concerning the operation of the public safety departments, and the conduct of employees of both those departments.

The operation of the police and fire departments, and the conduct of employees of both departments.

All written complaints received shall be forwarded to the chief of the department to which they relate and the chief shall investigate or cause to be investigated said complaints and submit his findings and recommendations, in connection therewith, that he deems appropriate.

The commission shall adopt such rules and regulations, consistent with this ordinance, the civil service statute and police and fire collective bargaining agreements, as it deems necessary to establish procedures to be followed in filing of written complaints by the public, investigating complaints and holding hearings concerning complaints made to it regarding the operation of the police or fire department and the conduct and officers and employees of each department. Citizen complaints shall be considered part of the employee's personnel file.

The commission shall apply the principle of progressive discipline, except those instances where more severe punishment is warranted.

(f)Meetings.

1.The Commission shall meet on a regular basis.

2.Special meetings may be called by the Mayor, Chairman of the Commission or majority vote of the Commission,

3.Minutes shall be kept of all public meetings, including executive session in accordance with open meeting laws.

4.The Commission may establish its own rules of procedure including those governing the conduct of its meetings.

(g)In the event of a vacancy, the Mayor shall make an appointment for the balance of said term subject to City Council approval pursuant to section 2-10.

(h)No member of the Commission shall be an employee of the police department or fire department, nor shall any member of his or her family be an employee or retired member of the police or fire department within thirty six (36) months of his or her retirement date.

"Family member" shall mean father, mother, spouse, child, stepchild, grandchild, brother, sister, brother-in-law, sister-in-law, nephew, niece and grandparent.

(i)Commission members shall be special municipal employees.

SECTION 22. Section 6-12 of said article 6 of said charter is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e)The Board of Trustees of the Public Library shall, in all matters of general municipal policy and procedures, be subject to policy directives designed to achieve uniformity and better administrative control as may from time to time be issued by the Mayor, with consultation of the Library Trustees. Responsibility for the ordinary maintenance of library buildings and grounds may be transferred to a City Central Maintenance Department by ordinance adopted by the City Council. The Board of Trustees of the Public Library shall have all the other powers and duties as may be provided by General Law, by Charter, by ordinance or otherwise.

SECTION 23. Section 6-14 of said article 6 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)There shall be a Board of Assessors consisting of three (3) members, to be elected at large by the voters, for staggered terms of 4 years.

SECTION 24. Said section 6-14 of said article 6 of said charter is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) A Principal Assessor shall be appointed pursuant to the Provisions of the Department of Municipal Finances sec. 6-3 Charter.

SECTION 25. Section 6-18 of said article 6 of said charter is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)There shall be a Council on Aging consisting of not less than three (3) nor more than eleven (11) members, appointed by the Mayor for staggered three-year terms.

SECTION 26. Section 6-24 of said article 6 of said charter is hereby further amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

(a) There shall be a Mayor's task force against domestic and sexual violence to advise the Mayor with regard to the formation of public policy, public education and outreach on domestic and sexual violence. The task force shall consist of 7 (seven) members, 3 (three) of whom shall be appointed by the Mayor with review by the City Council as provided in section 2-10, and 4 of whom shall be appointed as provided in subsection (c) and two alternate members appointed by the Mayor as above.

Alternate members shall sit on the committee in case of the absence, inability to act or apparent conflict of interest on the part of any committee member, or as part of a regularly scheduled rotation among the regular members.

(b) In making the Mayoral appointments, the Mayor shall seek persons who are: (i) experienced in the field of youth services; (ii) members of women’s and men’s advocacy groups; (iii) mental health providers; (iv) probation officers in the district or superior court system; and (v) medical professionals on the staff at the *Baystate Franklin Medical Center. The 3 members and two alternate members to be appointed by the Mayor shall serve for terms of 3 years.

SECTION 27. Section 7-12 of article 7 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)Recall Petition - Five hundred (500) or more voters may file with the Board of Registrars of Voters an affidavit containing the name of the elected at-large officer sought to be recalled and a statement of the grounds for recall. The signatures on such affidavit shall contain the names of at least twenty-five (25) voters in each of the precincts into which the City is divided for the purpose of elections. One hundred (100) or more voters of an individual precinct, may file with the Board of Registrars of Voters an affidavit containing the name of their individual precinct elected officer sought to be recalled and a statement for the grounds for recall.

Name:	District/Address:	Date Added:
Natalie M. Blais	1st Franklin	2/17/2023
Joanne M. Comerford	Hampshire, Franklin and Worcester	2/17/2023