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The 191st General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING AN APPOINTED TREASURER FOR THE CITY OF HOLYOKE.

      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.  Chapter 438 of the acts of 1896 is hereby amended by striking out section 6, as appearing in section 5 of chapter 189 of the acts of 1992, and inserting in place thereof the following section:-
      Section 6.  At such municipal election the qualified voters shall give in their votes by ballot for mayor, city clerk, members of the city council and members of the school committee, or of such of them as are to be elected, and the person receiving the highest number of votes for any office shall be considered and declared to be elected to that office. Whenever 2 or more persons are to be elected to the same office the several persons, up to the number required to be chosen, receiving the highest number of votes shall be considered and declared to be elected. If it appears that there is no choice of a mayor, if the person elected mayor refuses to accept the office or dies before qualifying or if a vacancy in the office of mayor occurs more than 6 months prior to the expiration of the municipal year, the city council shall immediately call meetings for a new election and the same proceedings shall be had in all respects as provided in this act for the election of a mayor and shall be repeated until the election of a mayor is completed. If the full number of members of the city council has not been elected or if a vacancy in the office of councilor occurs more than 6 months prior to the expiration of the municipal year, the city council may immediately elect a person to fill the vacancy until the next municipal election. If a vacancy in the office of mayor occurs within the 6 months prior to the expiration of the municipal year, the city council may in its discretion call meetings for the holding of a new election as set forth in this act to fill the vacancy. If there is a vacancy in the office of city clerk, the city council shall elect a city clerk to fill the vacancy until the next municipal year; provided, however, that if there is any disability in the city clerk to perform the duties required by this act or by law, the city council shall elect a city clerk pro tempore. In each of these cases, the city clerk shall be sworn and shall perform these duties.
      SECTION 2.  Section 1 of chapter 327 of the acts of 1936 is hereby amended by striking out the words “, city clerk and city treasurer”, as appearing in chapter 37 of the acts of 1946, and inserting in place thereof the following words:- and city clerk.
      SECTION 3.  Section 3 of said chapter 327 is hereby amended by striking out, in line 4, the words “and the city treasurer”.
      SECTION 4.  Section 5 of said chapter 327, as appearing in section 56 of chapter 189 of the acts of 1992, is hereby amended by striking out, in line 7, the words “or city treasurer”.
      SECTION 5.  The city treasurer for the city of Holyoke shall be appointed by the city council for a term not to exceed 3 years, unless sooner removed. Qualifications for the treasurer may be established by ordinance. Any vacancy in the office shall be filled in like manner for the remainder of the term.
      SECTION 6.  Notwithstanding section 5, at the 2015 regular municipal election for the city of Holyoke, the qualified voters of the city shall give in their votes by ballot to fill the vacancy of the office of the city treasurer. The person so elected shall serve as the city treasurer and perform the duties of the city treasurer for the remainder of the 4-year term that commenced January 1, 2014 or until sooner vacating the office. After the expiration of the remainder of the term or a sooner vacating of the office, appointments to the position of city treasurer shall be made pursuant to said section 5.
      SECTION 7.  This act shall be submitted for acceptance to the qualified voters of the city of Holyoke by the city clerk placing the following question on the official ballot to be used in the city of Holyoke at the 2015 regular municipal election:
      “Shall an act passed by the general court in the year 2015 entitled, ‘An Act Establishing an Appointed Treasurer for the City of Holyoke’ be accepted?”
      If a majority of the votes in answer to the question is in the affirmative, this act shall take effect immediately but not otherwise.
      SECTION 8.  The city solicitor shall prepare a fair, concise summary and purpose of the law to appear with the question not later than 35 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, September 29, 2015.