Session Law

2004

Jump to:

Chapter 147 AN ACT PROVIDING FOR FILLING VACANCIES IN THE OFFICE OF MAYOR, CITY COUNCILLOR-AT-LARGE, WARD COUNCILLOR AND SCHOOL COMMITTEE MEMBER OF THE CITY OF REVERE.

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. (a) Notwithstanding section 59A of chapter 43 of the General Laws, if a vacancy occurs in the office of mayor of the city of Revere by death, removal, resignation, or otherwise, at any time during the first year, the first 6 months of the second year, the third year and the first 6 months of the fourth year of the mayor's term of office, the city clerk shall immediately order an election to fill the vacancy for the remainder of the unexpired term. A vacancy shall not be filled in the manner provided in this section if the vacancy occurs during the last 6 months of the term of office of mayor. If a vacancy occurs in the office of mayor within 6 months of the city's regular municipal election, in the second year of the mayor's term of office, the city clerk shall order an election to fill such vacancy for the remainder of the unexpired term at the city's regular municipal election.

(b) The president of the city council shall perform the duties of mayor until a new mayor is elected and sworn to the faithful discharge of his duties. The president of the city council shall be called "acting mayor" and he shall possess the powers of mayor only in matters not admitting of delay, but shall have no power to make permanent appointments.

(c) Notwithstanding any general or special law to the contrary, there shall not be a preliminary election to fill the vacancy in the office of mayor. Candidates seeking to fill the vacancy, whose nomination papers have been duly certified, shall be considered to have been nominated.

SECTION 2. Notwithstanding section 59A of chapter 43 of the General Laws, if a vacancy occurs, at any time, in the office of councillor-at-large elected by and from the qualified voters of the city of Revere, by death, removal, resignation or otherwise, the remaining city councillors shall, within 30 days following the date of the vacancy, act to fill the vacancy. The city council shall fill the vacancy, for the remainder of the unexpired term, by selecting the defeated runner-up for city councillor-at-large from the last regular election; if the defeated runner-up is willing to be selected to the position of city councillor-at-large and is eligible to fill the vacancy in accordance with chapter 53 of the General Laws and is not ineligible to fill the vacancy pursuant to any General Law. If the defeated runner-up is unwilling or ineligible to be selected to the position of city councillor-at-large, the city council shall then proceed to fill the vacancy for the remainder of the unexpired term until a willing and eligible defeated runner-up, from the last regular election is selected to the position of city councillor-at-large. If there is no willing and eligible defeated runner-up for city councillor-at-large from the last regular election available to be selected to the position of city councillor-at-large, the remaining city councillors shall, within 30 days following the date of the vacancy, meet and fill the vacancy by a majority vote of all the remaining members of the city council, for the remainder of the unexpired term. Any defeated runner-up, selected to fill the vacancy, on the city council, shall take the oath of office and commence to serve immediately. A vacancy shall not be filled, in the manner herein provided if a vacancy occurs during the last 6 months of the term of a city councillor-at-large elected by and from the qualified voters of the city.

SECTION 3. (a) Notwithstanding section 59A of chapter 43 of the General Laws, if a vacancy occurs before the last 6 months of the term, in the office of a councillor elected by and from the voters of a ward of the city of Revere, the city council shall immediately order an election to fill the vacancy for the remainder of the unexpired term. A vacancy shall not be filled, in the manner provided herein, if the vacancy occurs during the last 6 months of the term of councillor.

(b) Notwithstanding any general or special law to the contrary, there shall not be a preliminary election in the city of Revere, to fill vacancy in the office of a ward councillor, as described in this section. Candidates to fill the vacancy, whose nomination papers have been duly certified, shall be deemed to have been nominated.

SECTION 4. (a) Notwithstanding section 36 of chapter 43 of the General Laws, if a vacancy occurs in the school committee of the city of Revere, by death, removal, resignation or otherwise, the city council and the remaining members of the school committee, shall within 30 days following the date of the vacancy, meet in joint convention and fill the vacancy for the remainder of the unexpired term by selecting the defeated runner-up for school committee from the last regular election; if the defeated runner-up is willing and is eligible to fill the vacancy in accordance with chapter 53 of the General Laws and is not ineligible to fill the vacancy pursuant to any other General Law. If the defeated runner-up is unwilling or ineligible to be selected to the position of school committee member, the joint convention of the city council and school committee shall then proceed to fill the vacancy for school committee for the remainder of the unexpired term until a defeated runner-up is willing and eligible to be selected to the position of school committee member.

(b) If there is no willing and eligible defeated runner-up for school committee from the last regular election available to be selected to the position of school committee member, the city council and the remaining members of the school committee, shall within 30 days following the date of the vacancy, meet in joint convention and fill the vacancy by a majority vote of the city council and remaining members of the school committee, for the remainder of the unexpired term. The person selected to fill the vacancy on the school committee shall take the oath of office and commence to serve immediately. A vacancy shall not be filled in the manner provided in this section if a vacancy occurs on the school committee during the last 6 months of the term.

SECTION 5. This act shall take effect upon its passage.

Approved June 24, 2004.