Bill H.4285

HOUSE DOCKET, NO. 4729 FILED ON: 12/8/2023

HOUSE . . . . . . . . . . . . . . . No. 4285

By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 4285 of Jonathan D. Zlotnik (with the approval of the mayor and city council) relative to the charter of the city of Gardner. 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 Gardner.

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 4 of the charter of the City of Gardner, 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 words "He shall hold office for the term of two years from the first Monday in January following his election and until his successor is elected and qualified" and inserting in place thereof the following:- "The Mayor shall hold office for the term of two years from the first Monday in January following the election and until a successor is elected and qualified"

SECTION 2. Section 6 of said charter is hereby amended by striking out the words "but the city solicitor" and inserting in place thereof the following:- "all members of the Law Department"

SECTION 3. Section 7 of said charter is hereby amended by striking out Section 7 in its entirety and inserting in place thereof the following:- "In making appointments, the mayor shall sign and file with the city clerk a certificate in the following form:

CERTIFICATE OF APPOINTMENT

I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion (name of appointee) is a recognized expert in the work which will devolve in the course of official duties, and that I make the appointment solely in the interest of the city.

Mayor.

Or the following form, as the case may be:

I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion (name of appointee) is a person specially fitted by education, training or experience to perform the duties of said office, and that I make the appointment solely in the interest of the city.

Mayor."

SECTION 4. Section 8 of said charter is hereby amended by striking out Section 8 in its entirety and inserting in place thereof the following:- "The mayor may, with the approval of a majority of the members of the city council, remove any head of a department or member of a board before the expiration of the appointee's term in office, except members of the school committee, officers elected by the city council, officers whose election is provided for by this act, and officials appointed by the governor. The person removed shall receive a copy of the reasons for such removal in writing and may contest the same at a hearing to be given by the city council, at which the person removed shall have the right to be represented by counsel"

SECTION 5. Section 11 of said charter is hereby amended by striking out the first paragraph in its entirety and inserting in place thereof the following:- "The mayor shall receive for such services such salary as the city council by ordinance shall determine and shall receive no other compensation from the city. The mayor's salary shall not be increased or diminished during the term to which the mayor was elected"

SECTION 6. Section 12 of said charter is hereby amended by striking out the word "fourth" and inserting in place thereof the following:- "seventh"

SECTION 7. Section 13 of said charter is hereby amended by striking out the first paragraph in its entirety and inserting in place thereof the following:- "Any person who is qualified to vote for a candidate for any office mentioned in this act, and who is a candidate for nomination for that office, may have the name as such candidate printed on the official ballot to be used at a preliminary election; provided that, at least twenty-eight (G.L. Chap. 53 sec. 10 as amended) days prior to the preliminary election, the person shall file with the city clerk a statement in writing of such candidacy, to vote for a candidate for the said office. Said statement and petition shall be in substantially the following form:"

SECTION 8. Section 13 of said charter is hereby further amended by striking out the words "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 Gardner, 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 ballots to be used at the preliminary election to be held on the Tuesday of , nineteen hundred and ."

SECTION 9. Section 15 of said charter is hereby amended by striking out the first paragraph in its entirety and inserting in place thereof the following:- "The name of each person, and of none other, who has filed a statement and accompanying petition as aforesaid with the official residence and the title and term of the office for which the individual is a candidate for nomination, shall be printed on said ballots under the designation of office in the order in which they may be drawn by the city clerk, whose duty it shall be to make such drawing and to give each candidate an opportunity to be present in person or by one representative. Blank space shall be left at the end of each list of candidates for nomination for the different offices equal to the number to be nominated therefore, in which the voter may insert the name of any person not printed on the ballot for whom the voter desires to vote for nomination for such office. There shall be printed on said ballots such directions as will aid the voter, as to wit: "vote for one", "vote for not more than two", and the like (G.L. Chap. 54, sec. 42 as amended)"

SECTION 10. Section 16 of said charter is hereby amended by striking out Section 16 in its entirety and inserting in place thereof the following:- "No ballot used at any preliminary, special or regular city election shall have printed thereon any party or other political designation or mark, and there shall not be appended to the name of any candidate any such party or other political designation or mark, or anything showing the method of nomination, or indicating the candidate's views or opinions (See also G.L. Chap. 53, sec. 34 as amended)

SECTION 11. Section 18 of said charter is hereby amended by striking out Section 18 in its entirety and inserting in place thereof the following:- "The City Clerk shall canvas returns from election officers and post them in a conspicuous place in City Hall and in other manners consistent with city practices"

SECTION 12. Section 19 of said charter is hereby amended by striking out the second sentence of the second paragraph in its entirety and inserting in place thereof the following:- "In case two or more candidates should receive an equal number of votes for the same office at any preliminary election held under this act and one of such candidates would otherwise be entitled to the candidate's name upon the official ballot, then the names of all such persons shall be placed on the ballot"

SECTION 13. Section 24 of said charter is hereby amended by striking out the words "He shall keep the records of the meetings of the council" and inserting in place thereof the following:- "The city clerk shall keep the records of the meetings of the council"

SECTION 14. Section 25 of said charter is hereby amended by striking out the first sentence in its entirety and inserting in place thereof the following:- "The city council may at any time request from the mayor specific information upon any municipal matter within its jurisdiction, and may request the mayor's presence to answer written questions relating thereto at a meeting to be held not earlier than one week after the date of the receipt by the mayor of said questions"

SECTION 15. Section 29 of said charter is hereby amended by striking out the words "in full" in paragraph one, line two and inserting in place thereof the following:- "in summary"

SECTION 16. Section 29 of said charter is hereby further amended by striking out the words "in at least one newspaper of the city" in lines two and three.

SECTION 17. Section 29 of said charter is hereby further amended by striking out the word "additional" in line three

SECTION 18. Section 29 of said charter is hereby amended by inserting after "and completed" in paragraph two the following:- "in summary"

SECTION 19. Section 30 of said charter is hereby amended by striking out Section 30 in its entirety and inserting in place thereof the following:- "Every order, ordinance, resolution and vote relative to the affairs of the city, adopted or passed by the city council, shall be presented to the mayor for approval. If the mayor approves, then the mayor shall sign it; if the mayor disapproves, it shall be returned to the city council in writing with the mayor's objections, which the city council shall enter at large on its records, and again consider it. If the city council, notwithstanding such disapproval of the mayor, shall again pass such order, ordinance, resolution or vote by a two-thirds vote of all members of the city council, it shall then be in force, but such vote shall not be taken for seven days after its return to the city council. Every such order, ordinance, resolution or vote shall be in force if it is not returned by the mayor within ten days after it was presented. This section shall not apply to budgets submitted under section thirty-two of chapter forty-four of the General Laws or to appropriations by the city council under section thirty-three of said chapter"

SECTION 20. Section 31 of said charter is hereby amended by striking out Section 31 in its entirety and inserting in place thereof the following:- "The civil service laws shall not apply to the appointment of the mayor's secretaries nor of stenographers, clerks, telephone operators and messengers connected with the mayor's office, and the mayor may remove such appointees without a hearing and without making a statement of the cause for their removal"

SECTION 21. Section 32 of said charter is hereby amended by striking the word "six" each time it appears and inserting in place thereof the following:- "twelve"

SECTION 22. Section 32 of said charter is hereby further amended by striking paragraph four in its entirety and inserting in place thereof the following:- "If the Mayor is absent or unable from any cause temporarily to perform the duties of the office, or if the office is vacant during the first twelve of the term, the mayor's duties shall be performed by the president of the city council. The person upon whom such duties shall devolve shall be called "acting mayor", and shall possess the powers of mayor only in matters not admitting of delay, but shall have no power to make permanent appointments. In the event that the office of Mayor shall be vacated due to resignation or death prior to the end of the term, the acting Mayor shall be entitled to the compensation as city council President in addition to seventy-five (75%) of the then current rate of compensation of the Mayor"

SECTION 23. Section 32 of said charter is hereby further amended by striking paragraph five in its entirety and inserting in place thereof the following:- "Should an appointive officer of the city be temporarily unable for any cause to perform official duties, the mayor or the city council, whichever has the power of original appointment, may make a temporary appointment of some person to act until the official shall resume duties. (Section 32 is given as amended by Chap. 590 Acts of 1975)"

SECTION 24. Section 33 of said charter is hereby amended in paragraph one by striking out the words "the nature of his interest in such contract" and inserting in place thereof the following:- "the nature of the interest in such contract"

SECTION 25. Section 34 of said charter is hereby amended by striking Section 34 in its entirety.

SECTION 26. Section 35 of said charter is hereby amended by striking Section 35 in its entirety.

SECTION 27. Section 37 of said charter is hereby amended in paragraph one by striking out the words "who shall be chairman" and inserting in place thereof the following:- "who shall be chairperson"

SECTION 28. Section 38 of said charter is hereby amended in line one by striking out the word "elect" and inserting in place thereof the following:- "appoint"

SECTION 29. Section 38 of said charter is hereby further amended by striking the second sentence in its entirety and inserting in place thereof the following:- "No member of the school committee, except the mayor, shall hold any other office or position the salary or compensation for which is payable out of the city treasury during the elected term of office

SECTION 30. Section 38 of said charter is hereby further amended in sentence three by striking out the word "vice-chairman" and inserting in place thereof the following:- "vice-chairperson"

SECTION 31. Section 51 of said charter is hereby amended by striking out Section 51 in its entirety.

SECTION 32. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Jonathan D. Zlotnik	2nd Worcester	12/4/2023