FILED ON: 7/15/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4868

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 chapter 119 of the acts of 1921 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The mayor shall hold office for the term of 2 years from the first Monday in January following the election and until a successor is elected and qualified.

SECTION 2. Section 6 of said chapter 119 is hereby amended by striking out the words "but the city solicitor" and inserting in place thereof the following words:- all members of the law department.

SECTION 3. Said chapter 119 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. 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. Said chapter 119 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. 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 of 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 chapter 119, as amended by section 1 of chapter 184 of the acts of 1939, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The mayor shall receive for 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. The first sentence of section 12 of said chapter 119 is hereby amended by striking out the word "third" and inserting in place thereof the following word:- seventh.

SECTION 7. The first paragraph of section 13 of said chapter 119 is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- 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 28 days prior to the preliminary election pursuant to section 10 of chapter 53 of the General Laws, the person shall file with the city clerk a statement in writing of such candidacy, and with it the petition of at least 50 voters of the city, qualified to vote for a candidate for the said office. Said statement and petition shall be in substantially the following form:

SECTION 8. The second paragraph of said section 13 of said chapter 119 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- We further state that we believe this person to be of good moral charter and qualified to perform the duties of the office.

SECTION 9. Section 15 of said chapter 119 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

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 1 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 1", "vote for not more than 2", and the like pursuant to section 42 of chapter 54 of the General Laws.

SECTION 10. Said chapter 119 is hereby further amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. 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 pursuant to section 34 of chapter 53 of the General Laws.

SECTION 11. Said chapter 119 is hereby further amended by striking out section 18 and inserting in place thereof the following section:-

Section 18. 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. The second paragraph of section 19 of said chapter 119 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- In case 2 or more candidates should receive an equal number of votes for the same office at any preliminary election held under this act and 1 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. Paragraph 3 of section 24 of said chapter 119 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The city clerk shall keep the records of the meetings of the council.

SECTION 14. Section 25 of said chapter 119 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- 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 1 week after the date of the receipt by the mayor of said questions.

SECTION 15. The first paragraph of section 29 of said chapter 119, as amended by section 1 of chapter 65 of the acts of 1935, is hereby further amended by striking out the words "in full in at least one newspaper of the city," and inserting in place thereof the following word:- in summary.

SECTION 16. Said first paragraph of said section 29 of said chapter 119, as so amended, is hereby further amended by striking out the word "additional".

SECTION 17. The second paragraph of said section 29 of said chapter 119, as so amended, is hereby further amended by inserting after the word "completed" the following words:- in summary.

SECTION 18. Said chapter 119 is hereby further amended by striking out sections 30 and 31 and inserting in place thereof the following 2 sections:-

Section 30. 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 7 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 10 days after it was presented. This section shall not apply to budgets submitted under section 32 of chapter 44 of the General Laws or to appropriations by the city council under section 33 of said chapter 44.

Section 31. 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 19. The first paragraph of section 32 of said chapter 119, as amended by section 1 of chapter 590 of the acts of 1975, is hereby further amended by striking out the word "six", each time it appears, and inserting in place thereof, in each instance, the following word:- twelve.

SECTION 20. Said section 32 of said chapter 119, as so amended, is hereby further amended by adding the following 2 paragraphs:-

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 12 months 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 75 per cent of the then current rate of compensation of the mayor.

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 21. The first paragraph of section 33 of said chapter 119 is hereby amended by striking out the words "the nature of his interest in such contract," and inserting in place thereof the following words:- the nature of the interest in such contract.

SECTION 22. Sections 34 and 35 of said chapter 119 are hereby repealed.

SECTION 23. Section 37 of said chapter 119 is hereby amended by striking out the words "who shall be chairman" and inserting in place thereof the following words:- who shall be chairperson.

SECTION 24. The first sentence of section 38 of said chapter 119 is hereby amended by striking out the word "elect" and inserting in place thereof the following word:- appoint.

SECTION 25. Said section 38 of said chapter 119 is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- 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 26. The third sentence of said section 38 of said chapter 119 is hereby amended by striking out the word "vice-chairman" and inserting in place thereof the following word:- vice-chairperson.

SECTION 27. Section 51 of said chapter 119 is hereby repealed.

SECTION 28. This act shall take effect upon its passage.