HOUSE DOCKET, NO. 4411        FILED ON: 6/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3959

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel R. Carey

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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 Easthampton.

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PETITION OF:

HOUSE DOCKET, NO. 4411        FILED ON: 6/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3959

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 Easthampton.

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 second paragraph of section 2-10 of article 1 of the charter of the city of Easthampton, which is on file in the office of the archivist of the commonwealth, pursuant to section 12 of chapter 43B of the General Laws, is hereby amended by striking out the first sentence and inserting in place thereof the following:

Appointments made by the mayor shall become effective on the forty-fifth day following the date on which notice of the proposed appointment was first received by the council at a regularly scheduled meeting of the city council, unless the city council shall within the said 45-day period vote to reject such appointment, or unless the city council has sooner voted to affirm the appointment.

SECTION 2. The second paragraph of section 2-10 of said article 1 of said charter is hereby amended by striking out the second sentence and inserting in place thereof the following:

For the appointment of a department head appointed by the mayor, the council shall act upon said appointment at the next regularly scheduled meeting following the meeting at which the appointment was first received by the full council or that appointment shall become effective.

SECTION 3. Section 3-9 of article 3 of said charter is hereby amended by striking out the section in its entirety and inserting in place thereof the following:

a)Special Election – If a vacancy in the office of mayor occurs during the first or third year of the term for which the mayor is elected whether by reason of death, resignation, removal from office, incapacity or otherwise the city council shall forthwith order a special mayoral election to be held within one hundred twenty (120) days following the date the vacancy occurs to fill the vacancy for the balance of the then expired term pursuant to Article 7 of this charter.  If the vacancy occurs in the second or fourth year of the term for which the mayor is elected a special mayoral election need not be held, the office of mayor shall be temporarily filled under the provisions of Section 3-9(b) of the charter and the position shall be permanently filled by the voters at the next regular municipal election.

If a vacancy occurs in the two (2) months immediately prior to a regular municipal election, the city council shall forthwith order a special mayoral election to be held within one hundred twenty (120) days following the date the vacancy occurs, to fill such vacancy for the balance of the then unexpired term.

During the one hundred twenty (120) day period immediately prior to a special mayoral election the city council president shall serve as acting mayor until the office of mayor is filled.  In the event the city council president is unable or unwilling to serve, a special meeting of the city council shall be called by the city council president and the council shall elect, by majority vote, one of its members to serve as acting mayor.  The acting mayor shall remain as a member of the council but shall only vote on council measures in the event of a tie.  During the time the president is serving as acting mayor under this subsection, the vice-president shall serve as acting city council president.  Any person serving as acting mayor under this subsection shall not be subject to the restrictions contained in the third sentence of Article 3, Section 3-1(a).

b)Council Election – If a vacancy in the office of mayor occurs in the second or fourth year of the term for which the mayor is elected, the president of the city council, or other councilor elected by the council in accordance with subsection (a) above, shall serve as acting mayor until the next regular municipal election at which time the person elected to fill the office of mayor for the ensuing term of office shall be immediately sworn into office, and shall thereafter serve, in addition to the term for which they were elected, the balance of the present term.  Unless the vacancy occurs in the last two (2) months prior to a regular municipal election, upon the qualification of the president of the city council or other councilor elected to serve as the acting mayor under this section, a vacancy shall exist in that council seat on the city council which shall be filled as provided for in Article 2, Section 2-11.

In the event the acting mayor is a candidate for mayor in the ensuing election, such person shall not be entitled to have the words “candidate for re-election” used in conjunction with their name on the election ballot.

If a vacancy in the office of mayor occurs in the last two (2) months of the term for which the mayor was elected, the mayor-elect shall be immediately sworn into office and shall thereafter serve the remainder of the mayoral term in addition to the term of office for which they were elected.

c)Compensation – Any councilor serving as acting mayor under subsections (a) or (b) shall receive the compensation then in effect for the position of mayor and shall not receive council compensation.