HOUSE DOCKET, NO. 4792        FILED ON: 1/12/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4272

The Commonwealth of Massachusetts

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PRESENTED BY:

Donald R. Berthiaume, 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 providing for recall elections in the town of North Brookfield.

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PETITION OF:

HOUSE DOCKET, NO. 4792        FILED ON: 1/12/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4272

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 relative to providing for recall elections in the town of North Brookfield.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

1. Chapter 352 of the acts of 2002, providing for recall elections ni the town of North Brookfield, is hereby amended by inserting the following section:

SECTION 2A. The reasons for which a recall may be initiated pursuant to this act shall include, but not be limited to:

i.  Lack of fitness, which shall mean insobriety while performing official functions, involuntary commitment to a mental health facility or being placed under guardianship or conservatorship by a probate court;

ii. Corruption, which shall mean a conviction of a felony involving moral turpitude, conviction of bribery or extortion;

iii. Neglect of duties, which shall mean repeated absences from meetings without just cause; provided, however, that just cause shall include, but not be limited to, illness or regular vacation periods; and

iv. Misfeasance, which shall mean the performance of an official act in an unlawful manner or a willful violation of the conflict-of-interest law, open meeting law or other ethical violations.

2.  This act shall take effect upon its passage. Or take any action relative thereto.

Motion made, seconded and, after a question and motion for a ballot vote that didn't pass, a hand vote was done but was deemed too close to call. The Moderator then called for a ballot vote and the motion passed by a margin of 62 to 22 for the Board of Selectmen to petition the General Court for this amendment.