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Session Law

2011

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Chapter 114 AN ACT AMENDING THE CHARTER OF THE CITY OF MALDEN.

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 169 of the acts of 1881, as amended by chapter 264 of the acts of 1998, is hereby further amended by adding the following sentence:- A person shall not be a candidate for nomination to more than 1 office at any regular or special municipal election.

SECTION 2. Section 9 of said chapter 169 of the acts of 1881 is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 6 paragraphs:-

A vacancy in the office of mayor, arising from any cause during the first 17 months of a term, shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.
A vacancy in the office of mayor, arising from any cause between May 1 and July 1 of a municipal election year in which a mayoral election would not ordinarily be held shall be filled at the regular election. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.

A vacancy in the office of mayor, arising from any cause after July 1 in a municipal election year during which a mayoral election would not ordinarily be held but before May 1 in a municipal election year during which a mayoral election would ordinarily be held shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.

A vacancy in the office of mayor, arising from any cause from May 1 but before July 1 of a municipal election year during which a mayoral election would ordinarily be held shall be filled at the regular municipal election. The person so elected shall fill the remainder of the unexpired term and the next regular term of office and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office and the next regular term.

A vacancy in the office of mayor, arising from any cause after July 1 of a municipal election year during which a mayoral election would ordinarily be held shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term, if any, and/or the balance of the next regular term to begin on the first Monday in January in the year subsequent to the one in which the vacancy arose. The person so elected shall be sworn to office for the remainder of the unexpired term or the next regular term, as the case may be, immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term, if any, and the next regular term.

Any election held under this section shall be preceded by a primary, if required by chapter 314 of the acts of 1912.

SECTION 3. Said section 9 of said chapter 169 is hereby further amended by striking out the last paragraph, as inserted by section 2 of chapter 255 of the acts of 1964, and inserting in place thereof the following 7 paragraphs:-

A vacancy in the office of ward councilor, arising from any cause during the first 17 months of a term, shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.

A vacancy in the office of ward councilor, arising from any cause between May 1 and July 1 of a municipal election year shall be filled at the regular election. The person so elected shall fill the remainder of the unexpired term in addition to the next regular term and shall be sworn to office for the remainder of the unexpired term immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office and the next regular term.

A vacancy in the office of ward councilor, arising from any cause after July 1 of a municipal election year shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term, if any, and/or the balance of the next regular term to begin on the first Monday in January in the year subsequent to the one in which the vacancy arose. The person so elected shall be sworn to office for the remainder of the unexpired term or the next regular term, as the case may be immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term, if any, and the next regular term.
A vacancy in the office of councilor at large, arising from any cause during the first 17 months of a term, shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.

A vacancy in the office of councilor at large, arising from any cause between May 1 and July 1 of a municipal election year shall be filled at the regular election. The person receiving the highest number of votes and not presently serving shall fill the remainder of the unexpired term in addition to the next regular term and shall be sworn to office for the remainder of the unexpired term immediately upon certification of the results of the election. Ballots shall indicate that 2 persons shall be elected to fill the next regular term of office and that 1 person shall be elected to fill the vacancy in the present term and the next regular term.
A vacancy in the office of councilor at large, arising from any cause after July 1 of a municipal election year shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term, if any, and/or the balance of the next regular term to begin on the first Monday in January in the year subsequent to the one in which the vacancy arose. The person so elected shall be sworn to office for the remainder of the unexpired term or the next regular term, as the case may be immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term, if any, and the next regular term.

Any election held under this section shall be preceded by a primary, if required by chapter 314 of the acts of 1912.

SECTION 4. The last sentence of section 11 of said chapter 169 is hereby amended by striking out the words “after it has been presented to him” and inserting in place thereof the following words:- after final passage by the city council.

SECTION 5. Section 24 of said chapter 169 is hereby amended by striking out the sixth sentence, as inserted by section 3 of chapter 255 of the acts of 1964, and inserting in place thereof the following 4 paragraphs:-

A vacancy in the office of school committee, arising from any cause during the first 17 months of a term, shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term and shall be sworn to office immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office.

A vacancy in the office of school committee, arising from any cause between May 1 and July 1 of a municipal election year shall be filled at the regular election. The person so elected shall fill the remainder of the unexpired term in addition to the next regular term and shall be sworn to office for the remainder of the unexpired term immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term of office and the next regular term.

A vacancy in the office of school committee, arising from any cause after July 1 of a municipal election year shall be filled by special election to be held not less than 90 nor more than 120 days from the date of notification that a vacancy exists. The person so elected shall fill the remainder of the unexpired term, if any, and/or the balance of the next regular term to begin on the first Monday in January in the year subsequent to the one in which the vacancy arose. The person so elected shall be sworn to office for the remainder of the unexpired term or the next regular term, as the case may be, immediately upon certification of the results of the election. Ballots shall indicate that the person elected shall fill the vacancy in the present term, if any, and the next regular term.
Any election held under this section shall be preceded by a primary, if required by chapter 314 of the acts of 1912.

TION 6. Said chapter 169 of the acts of 1881, as amended by chapter 29 of the acts of 1950, is hereby further amended by striking out sections 24A to 24G, inclusive, and inserting in place thereof the following section:-

Section 24A. (a) As used in this section, the following words shall have the following meanings:

“Initiative”, a measure proposed by voters through the initiative process provided in this section.

“Measure”, an ordinance, resolution, order or vote which has been or may be adopted by the city council or school committee.

“referendum”, a measure adopted by the city council or school committee which is protested under the referendum process provided in this section.

(b) The papers constituting an initiative or referendum petition shall be filed in the office of the city clerk and shall include the names and addresses of 3 persons designated as having filed the same. With each signature on the petition, there shall also appear the residence, including street name and number, of the signer.
Signatures to an initiative or referendum petition need not be all on one paper, nor must all papers be filed at the same time. A petition shall be considered filed when the persons designated as filing the petition notify the city clerk in writing that the filing is complete.

Within 5 days after the filing of a petition, the registrars of voters shall determine by what number of voters the petition has been signed and the percentage that number is of the total number of voters. The registrars shall attach a certificate to the petition showing the results of their examination and shall immediately transmit the certificate and petition to the city council or school committee, as the petition is addressed. A copy of the certificate shall also be sent to the persons designated as filing the petition.

(c) A referendum petition shall be filed within 20 days of the final passage of the measure to which it relates; provided, however, that no revenue loan order may be made the subject of a referendum.

If a referendum petition signed by voters equal in number to 12 per cent of the total number of voters is submitted to the city council or school committee, as the case may be, the measure protested against shall be suspended from taking effect.

The city council or school committee shall immediately reconsider that measure and, if the measure is not entirely rescinded, the city council shall submit the measure to a vote of the registered voters at either:

(1) the next regular municipal election held not less than 45 days after submission of the referendum petition to the city council or school committee; or
(2) a special election which may, in the city council’s discretion, be called for that purpose.

The measure shall become null and void unless it is approved by a majority of the voters voting thereon.

(d) If an initiative petition signed by voters equal in number to at least 20 per cent of the total number of voters is submitted to the city council or school committee, the city council or school committee shall:

(1) pass the measure without alteration within 20 days; or
(2) the city council shall call a special election to be held on a Tuesday not less than 30 nor more than 45 days from the date of qualification and shall submit the measure, without alteration, to a vote at that election; proided, however, that if a regular municipal election is to occur within 90 days after the date of qualification, the city council may omit calling a special election and may submit the proposed measure to the voters at the regular municipal election.

If an initiative petition signed by voters equal in number to at least 8 per cent but less than 20 per cent of the total number of voters is submitted to the city council or school committee, the city council or school committee shall:

(1) pass the measure without alteration within 20 days; or
(2) the city council shall submit the proposed measure to the voters at the regular municipal election.

(e) An initiative shall become effective only if it is approved by:

(1) a majority of the voters voting on the measure, but
(2) no less than 25 per cent of the total number of voters eligible to vote in that election.

(f) The city council may, on its own motion, and shall, upon the request of the school committee if a measure originates with that committee and pertains to affairs under its administration, submit to a vote of registered voters of the city for adoption or rejection at a regular or special municipal election, any proposed measure or proposition for the repeal or amendment of any measure, in the same manner and with the same force and effect as provided for by initiative or referendum.

(g) If 2 or more proposed measures passed at the same election contain conflicting provisions, the measure receiving the greater number of affirmative votes shall take effect.

SECTION 7. Sections 1, 2, 3, 5 and 6 shall be submitted to the voters of the city of Malden at the regular municipal election to be held in the year 2011 in the form of a series of questions which shall be placed on the official ballot to be used for the election of city officers at said election as follows:

Shall section 6 of an act passed by the general court relative to initiative and referendum in the city of Malden be accepted?

Shall sections 2, 3 and 5 of an act passed by the general court relative to filling of vacancies in elective office in the city of Malden be accepted?

Shall section 1 of an act passed by the general court relative to candidacy for more than 1 office be accepted?

If a majority of the votes cast in answer to any question is in the affirmative, that section shall take effect, but not otherwise.

SECTION 8. Section 4 shall take effect upon its passage.

Approved, September 15 , 2011.


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