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  • Acts
  • 2011
  • Chapter 175 AN ACT AMENDING THE HOME RULE CHARTER OF THE CITY OF EASTHAMPTON.

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. The charter of the city of Easthampton, which is on file in the office of archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out section 1-7 and inserting in place thereof the following section:-

SECTION 1-7. DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used the following words and phrases as used in this charter shall have the following meanings:
“Charter”, this charter and any amendment to it hereafter adopted.
“City”, the city of Easthampton.
“City Bulletin Boards”, the bulletin board in the city hall on which the city clerk posts official notices of meetings and upon which other official city notices are posted, and the bulletin boards at any other locations as may be designated “city bulletin boards” by the city council.
“City Agency”, any multiple member body, any department, division, or office of the city of Easthampton.
“City Officer”, when used without further qualification or description, a person having charge of an office or department of the city who in the exercise of the powers or duties of such position exercises some portion of the sovereign power of the city.
“Emergency”, a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
“Full Council” or “Full Multiple Member Body”, the entire authorized complement of the city council, school committee or other multiple member body notwithstanding a vacancy which might exist.
“general laws”, laws enacted by the state legislature which apply alike to all cities and towns, to all cities, or to a class of two or more cities and or cities and towns of which Easthampton is a member.
“General Laws”, the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
“Initiative Measure”, a measure proposed by the voters through the initiative process provided under this charter.
“Local Newspaper”, a newspaper of general circulation within Easthampton, with either a weekly or daily circulation.
“Majority Vote”, when used in connection with a meeting of a multiple member body shall mean a majority of those present and voting, unless another provision is made by ordinance, by law, or by its own rules. When used in connection to the city council, “majority vote” shall always refer to a majority of the full council membership.
“Measure”, any ordinance, order, resolution, or other vote or proceeding adopted, or which might be adopted by the city council or the school committee.
“Multiple Member Body”, any board, commission, committee, subcommittee or other body consisting of two or more persons whether elected, appointed or otherwise constituted, but not including the city council or the school committee.
“Referendum Measure”, a measure adopted by the city council or the school committee which is protested under the referendum procedures of this charter.
“Voters”, registered voters of the city of Easthampton.

SECTION 2. Section 2-1 of said charter is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. A district councilor shall at the time of election be a voter of the district from which elected; provided, however, that if any district councilor shall during the first 18 months of the term of office move to another district in the town such office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner provided in section 2-11. If such a move occurs after the first 18 months of the term of office, such councilor may continue to serve for the balance of the term for which elected. If a councilor-at-large or a district councilor moves from the town during the term for which elected, such office shall immediately be deemed vacant and filled in the manner provided in section 2-11.

SECTION 3. Subsection (a) of section 2-4 of said charter is hereby amended by inserting, after the second sentence, the following sentence:- The city council shall review the salary of all elected officials and the stipends for all multi-member bodies appointed to official city boards and committees, during the first 12 months of each term.

SECTION 4. The second sentence of subsection (b) of section 2-6 of said charter is hereby amended by inserting, after the word “any” the following word:- measure,.

SECTION 5. The first sentence of subsection (a) of section 2-8 of said charter is hereby amended by striking out the word “five” and inserting in place thereof the following figure:- 3.

SECTION 6. Said section 2-8 of said charter is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Principal Assessor. The city council shall elect a principal assessor who shall serve for 3 years or until a successor is chosen and qualified, and who shall not be a member of the board of assessors. The principal assessor shall be responsible for regulating and supervising the administration of the department of assessing under the regulations of the department of revenue, the General Laws or this charter and shall be the official representative of the board of assessors to all other public agencies and to the public. The principal assessor shall advise the board of assessors on compliance to law and shall act on its policies. The principal assessor shall be subject to the terms of the city council appointments and evaluation as dictated by the city council and shall be governed by the rules and procedures for all city employees as designated by the personnel office and the city council.

SECTION 7. The second sentence of subsection (b) of section 2-9 of said charter is hereby amended by striking out the words “if a single member objects to the taking of a vote” and inserting in place thereof the following words:- if a member objects to the taking of a vote and is subsequently supported by another member who seconds the objection.

SECTION 8. The second sentence of the first paragraph of section 2-10 of said charter is hereby amended by striking out the word “twenty-one” and inserting in place thereof the following figure:- 30.

SECTION 9. The first sentence of the second paragraph of said section 2-10 of said charter is hereby amended by striking out the word “thirtieth” and inserting in place thereof the following words:- forty-fifth.

SECTION 10. Said first sentence of said second paragraph of said section 2-10 of said charter is hereby further amended by striking out the word “thirty” and inserting in place thereof the following figure:- 45.

SECTION 11. The second sentence of the second paragraph of section 3-5 of said charter is hereby amended by striking out the word “thirty” and inserting in place thereof the following figure:- 45.

SECTION 12. Subsection (a) of section 3-8 of said charter is hereby amended by striking out the word “five” and inserting in place thereof, in each instance, the following figure:- 10.

SECTION 13. The first sentence of subsection (e) of section 4-1 of said charter is hereby amended by striking out the word “may” and inserting in place thereof the following word:- shall.

SECTION 14. The first sentence of subsection (b) of section 8-6 of said charter is hereby amended by striking out the word “shall” and inserting in place thereof the following word:- may.

SECTION 15. The first sentence of the first paragraph of section 8-15 of said charter is hereby amended by striking out the words “a department head or” and inserting in place thereof the following words:- nor a department head nor.

SECTION 16. Said section 8-15 of said charter is hereby further amended by adding the following sentence:- Mayoral appointments as described in section 3-4 shall be subject to the provisions for removal as stated in that section.

Approved, November 16, 2011.