Amendment #1 to H4156

Floor Amendment

Mr. Walsh of Peabody moves to amend the bill in section 1, in lines 149 and 150, by striking out the words “under this subsection”;

In line 325, by striking out the words “a temporary or” and inserting in place thereof the word “an”;

In line 510 by striking out the words “subsection (b)” and inserting in place thereof the words “the second paragraph of this section”;

In line 529 by striking out the word “7-7(b)” and inserting in place thereof the word “7-7”;

And by striking out sections 3 to 7, inclusive, and inserting in place thereof the following 5 sections:

SECTION 3. All persons appointed or elected to offices, boards, commissions and agencies in the city of Cambridge at the time the charter established under section 1 takes effect shall continue to perform the duties thereof until they are reappointed or re-elected or until successors to their respective positions are appointed or elected or until their duties have been transferred and assumed by another city office, board, commission or agency.

SECTION 4. Any person holding an office or a position in the administrative service of the city of Cambridge or any person holding permanent employment under the city at the time the charter established under section 1 takes effect shall retain their office, position or employment and shall continue to perform the duties of their respective office, position or employment until provision has been made for the performance of those duties by another person or agency; provided, however, that a person in the permanent service of the city shall not forfeit their pay grade or time in the service of the town as a result of the adoption of the city charter under section 1. Nothing in this section shall provide a person holding an administrative office or position or a person serving in the employment of the city on the effective date of this act with any greater rights or privileges with regard to that person’s continued service or employment with the city than that person had before the effective date of this act. Nothing in this section shall impair the rights of any person under an individual employment contract or collective bargaining agreement.

SECTION 5. All records, property and equipment of an office, board, commission, committee or agency or part thereof of the city of Cambridge, the powers and duties of which are assigned in whole or in part to another city office, board, commission or agency pursuant to section 1 of this act shall be transferred to the office, board, commission or agency as so assigned.

SECTION 6. All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by, on behalf of or to the city of Cambridge before the charter established under section 1 takes effect and all taxes, assessments, fines, penalties and forfeitures incurred or imposed or due or owing to the city of Cambridge shall be enforced and collected and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the adoption of the charter in section 1 and no legal act done by or in favor of the city shall be rendered invalid by reason of the passage of this act.

SECTION 7. This act shall be submitted to the voters of the city of Cambridge for acceptance at the next biennial city election occurring not less than 35 days after the effective date of this section in the form of the following question: “Shall An Act establishing a charter for the city of Cambridge be accepted?”  Below the question shall appear a summary of the composition and mode of selection of the legislative and executive branches and school committee or, if a change of none of these is involved, the most significant proposed change or changes.  If a majority of votes are cast in the affirmative, sections 1 to 6, inclusive, shall take effect on January 1 of the year immediately following the date of the vote for adoption, but not otherwise.