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Session Law

2012

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Chapter 437 AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY KNOWN AS THE TOWN OF AGAWAM.

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. Subsection (c) of section 2-1 of Article 2 of the charter of the city known as the town of Agawam is hereby amended by striking out the word “two” and inserting in place thereof the following figure:- 4.

SECTION 2. Section 2-6 of said Article 2 of said charter, as appearing in section 1 of chapter 109 of the acts of 2001, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If a vacancy shall occur, by failure to elect or otherwise, in the office of councilor during the term for which councilors are elected, no special election shall be held.

SECTION 3. Subsection (b) of section 3-1 of Article 3 of said charter, as appearing in section 1 of chapter 234 of the acts of 1988, is hereby amended by striking out the word “two” and inserting in place thereof the following figure:- 4.

SECTION 4. Subsection (a) of section 3-8 of said Article 3 of said charter, as so appearing, is hereby amended by striking out the word “fifteen” and inserting in place thereof the following figure:- 39.

SECTION 5. Subsection (c) of section 4-1 of Article 4 of said charter is hereby amended by striking out the word “two” and inserting in place thereof the following figure:- 4.

SECTION 6. Said Article 4 of said charter is hereby further amended by striking out section 4-6 and inserting in place thereof the following section:-

Section 4-6. If a vacancy shall occur, by failure to elect or otherwise, in the office of school committeeperson during the term for which school committeepersons are elected, no special election shall be held. The city clerk shall notify the school committee forthwith of such vacancy. The school committee shall, within 15 days of such notification, choose as school committeeperson for the vacancy, whichever of the defeated candidates for the office of school committeeperson at the regular municipal election at which school committeepersons were last elected, who is eligible and willing to serve, and who received the highest number of votes at such election. If the defeated candidate who received the highest number of votes is ineligible or unwilling to serve, the school committee shall choose the defeated candidate with the next highest number of votes, and so on, until the vacancy is filled. If there is a tie in the election, the city clerk shall conduct an automatic recount of the election. If the recount does not break the tie, a toss of the coin shall determine the outcome. The city clerk shall then list the order of the candidates. If no defeated candidate is eligible and willing to serve, the school committee shall by majority vote of the full committee select a registered voter of the town to fill the vacancy.

SECTION 7. This act shall be submitted for acceptance to the qualified voters of the city known as the town of Agawam at the 2013 regular election in the form of the following question:

“Shall an act passed by the General Court in the year 2012, entitled ‘An act relative to the leadership and governance of the city known as the town of Agawam’ be accepted?”.

Below the question shall appear a fair and concise summary of the proposed charter amendments prepared by the city solicitor.

If a majority of votes cast in answer to the question is in the affirmative, sections 1 to 6, inclusive, shall be applicable in the city known as the town of Agawam and the charter shall be amended as provided in this act. If a majority of votes cast in answer to the question is in the affirmative, persons elected to the positions of mayor, town councilor and school committeeperson at the 2013 regular election shall be deemed to have been elected for the 4-year terms authorized in this act, notwithstanding that the offices appeared on the ballot for 2-year terms.

SECTION 8. The city solicitor shall prepare the summary required under section 7 not later than 60 days before the election pursuant to section 58A of chapter 54 of the General Laws.

SECTION 9. This act shall take effect upon its passage.

Approved, January 9, 2013.


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