Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The charter of the city known as the town Agawam which is on file in the office of the archives of the commonwealth, as provided in section twelve of chapter forty-three B of the General Laws is hereby amended by striking out Article 3 and inserting in place thereof the following Article:- `tuc ARTICLE 3 EXECUTIVE BRANCH
Section 3-1 Mayor - Qualifications; Term of Office; Compensation
(a) Mayor, Qualifications - The chief executive officer of the town shall be a mayor, elected by and from the qualified voters of the town. Any voter shall be eligible to hold the office of mayor. The mayor shall devote his full time to the office and shall not hold any other elective public office, nor shall he actively engage in any other business, occupation or profession during his service as mayor.
(b) Term of Office - The term of office of the mayor shall be two years beginning on the first Monday of January following his election and until his successor is qualified.
(c) Compensation - The town council shall by ordinance establish an annual salary for the mayor. No ordinance increasing the salary of the mayor shall be effective unless it shall have been adopted in the first eighteen months of the term for which councillors are elected and it provides that such salary is to be effective at the commencement of the next term of office of the mayor.
Section 3-2 Executive Powers Enforcement of Ordinances
The executive powers of the town shall be vested solely in the mayor, and may be exercised by him either personally or through the several town agencies under his general supervision and control. The mayor shall cause the charter, the laws, ordinances and orders for the government of the town to be enforced, and shall cause a record of all his official acts to be kept.
The mayor shall exercise a general supervision and direction over all town agencies, unless otherwise provided by law. Each town agency shall furnish to him, forthwith upon his request, any information, materials or otherwise as he may request and as the needs of his office and the interest of the town may require.
Section 3-3 Appointments by the Mayor
The mayor shall appoint all city officers, department heads and members of multiple-member bodies for whom no other method of appointment or selection is provided for by the charter, excepting only persons serving under the school committee, persons appointed by state officials and persons serving under the city council.
Section 3-4 Temporary Appointments to Town Offices
Whenever a vacancy, either temporary or permanent, occurs in a town office and the needs of the town require that such office be filled, the mayor may designate the head of another town agency or a town officer or town employee, or some other person to perform the duties of the office on a temporary basis until such time as the position can be filled as otherwise provided by law, by the charter or by ordinance. The mayor shall file a certificate in substantially the following form, with the town clerk, whenever he makes a designation under this section:
I designate (name of person) to perform the duties of the office of (designate Office in which vacancy exists) on a temporary basis until the office can be filled by (here set out the regular procedure for filling the vacancy, or when the regular officer shall return). I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the town of Agawam. (signed) Mayor
Section 3-5 Communications; Special Meetings
(a) Communications to the Town Council - Within six weeks following the start of each fiscal year the mayor shall submit to the town council, and make available for public distribution, a complete report on the financial and administrative activities of the town for the preceding fiscal year. He shall from time to time throughout the year, by written communications, keep the town council fully informed of the financial condition and administrative problems of the town and shall recommend to them such measures for their consideration as, in his judgment, the needs of the town require.
(b) Special Meetings of the Town Council - The mayor may at any time call a special meeting of the town council, for any purpose, by causing a notice of such meeting to be delivered in hand or to the place of business or residence of each member of the town council. Such notice shall, except in an emergency of which the mayor shall be the sole judge, be delivered at least forty-eight (48) hours in advance of the time set and shall specify the purpose or purposes for which the meeting is to be held.
Section 3-6 Approval of Mayor, exception (Veto)
Every order, ordinance, resolution or vote adopted or passed by the town council, relative to the affairs of the town, except the election of officers, shall be presented to the mayor for his approval. If he approves he shall sign it; if he disapproves it, he shall return it, with his objections thereto in writing, to the town council, which shall enter his objections at large on its records, and again consider it, and the same shall be deemed approved and be in force if it is not returned by the mayor, as herein provided, within ten days after it was presented to him. If the town council, notwithstanding such disapproval, by the mayor, shall again pass the order, ordinance, resolution or vote by a two-thirds yea and nay vote of all the members, it shall then be in force, but the vote thereon shall not be taken before ten days, nor after thirty days, from the date of its return to the town council.
Section 3-7 Temporary Absence of the Mayor
(a) Acting Mayor - Whenever, by reason of sickness, absence from the town of other cause, the mayor shall be unable to perform the duties of his office for a period of three successive working days or more, the president of the town council shall be the acting mayor. In the event of the absence or disability of the president of the town council the vice-president shall serve.
(b) Powers of Acting Mayor - The acting mayor shall have all of the powers of the mayor except that he shall not make any permanent appointment or removal to or from any office unless the disability of the mayor shall have continued for more than sixty days, nor shall he approve or disapprove of any measure passed by the town council unless the time within which the mayor must act would expire before the return of the mayor. During any period in which the town council president, or vice-president, is serving as acting mayor he shall not vote as a member of the town council.
Section 3-8 Vacancy in Office of Mayor
(a) Special Election - If a vacancy in the office of mayor occur in the first fifteen months of the term for which the mayor is elected whether by reason of death, resignation, removal from office, incapacity or otherwise the town council shall forthwith order a special election to be held within ninety days following the date the vacancy is created to fill such vacancy for the balance of the then expired term.
(b) Council Election - If a vacancy in the office of mayor occur in the last nine months of the term for which the mayor is elected whether by reason of death, resignation, removal from office, or otherwise, the president of the town council shall become the mayor. Upon the qualification of the president of the town council as the mayor under this section, a vacancy shall exist in his seat on the town council which shall be filled in the manner provided in Section 2-6.
(c) Powers, Term of Office - The mayor elected under Section 2-9 (a) or (b) shall have all the powers of the mayor. He shall serve for the balance of the term unexpired at the time of his election to the office.
SECTION 2. References to the word "town" in the charter of the city known as the town of Agawam shall mean city and references to the term "town manager" in said charter shall mean mayor.
SECTION 3. There shall be a special municipal election for mayor to be held on the first Tuesday following the first Monday of May, nineteen hundred and eighty-nine. The provisions of article 7 of the charter of the city known as the town of Agawam shall be applicable to said special election. The person receiving the largest number of votes for mayor at said special election shall forthwith be sworn and assume the duties of the office of mayor. The person elected mayor in said special election shall serve until the first Monday of January, nineteen hundred and ninety-two or until his successor is qualified.
An election for mayor shall be held at the regular municipal election to be held in November, nineteen hundred and ninety-one and each two years thereafter.
SECTION 4. The state secretary shall cause the following question to be placed on the official ballot to be used in the city known as the town of Agawam at the biennial state election to be held in the year nineteen hundred and eighty-eight.
"Shall an act passed by the General Court in the year nineteen hundred and eighty-eight, entitled 'An Act providing for the election of a mayor in the city known as the town of Agawam', be accepted "
If a majority of the voters cast in answer to said question is in the affirmative then this act shall take full effect but not otherwise.