City Charter Forum II Final 12-06-2011

8/3/2019 City Charter Forum II Final 12-06-2011

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Charter Review Process

Northampton MA

Northamptons Charter Review Committee 2010http://www.northamptonma.gov/charter/

"At least once in every 10 years, in every year ending in a zero, the City Council shall conduct acomprehensive review of the City Charter via a special Charter Review Committee comprised ofthree Councilors and four residents to be appointed by the City Council President. Within oneyear following the appointment of its members, said Committee shall file a written report to the

City Council outlining its review and recommending any changes to the City Charter that it deemsnecessary or desirable for the effective function of government in the City of Northampton."Chapter 22b(4), Code of Ordinances

MEMBERSCouncilor Jesse M. Adams, Colleen Currie, Councilor Marianne L. LaBarge, Councilor David A.Murphy, Alan Seewald, Margaret Striebel, and Marc Warner

Northamptons Special Act Charter Drafting Committee Timeline mid-October 2011- mid-January 2012 Introduction of Committee Members Charter Overview- Creating a Document for the 21st Century


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Public Forum

Tuesday, November 15, 2011Received Public Comment for Proposed Changes to the City

Charter on the following topics:

1. Should the City Council/School Committee structure change?Should there be more or less Ward Councilors, At-LargeCouncilors, School Committee members or At-Large SchoolCommittee members?

2. Should the Mayor, City Council/School Committee be electedfor 2-year or 4-year terms? Should the Mayor, City Council/School Committee have term limits (i.e., no more than two 4-year terms)?

3. Should Mayor, City Council/School Committee compensationand /or benefits increase or decrease?

4. Should the Mayor preside over City Council/SchoolCommittee meetings?

5. Should the City Clerk be elected or appointed?


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Public ForumTuesday, December 6, 2011

Continued from November 15, 2011

6:00 p.m. 9:00 p.m. in City Council Chambers, 212 Main Street,

Wallace J. Puchalski Municipal Building, Northampton, MA

Requesting Public Comment for Proposed Changes to the City Charter including, but not limited to:1. Powers of the Executive Branch Communications; Special Meetings Approval of Mayor, Veto Temporary Absence of the Mayor Delegation of Authority by Mayor Vacancy in Office of Mayor

2. Administrative Organization and Financial Procedures Methods of establishing and modifying the administrative organization including boards and

commissions. Budgeting, financial forecasting, capital planning and other financial procedures.

3. Elections and Citizen Relief Mechanisms Nomination and election procedures including Signature Requirements, and Preliminary and

Instant Run-off Elections Procedures for free petition, initiative petition, referendum and recall provisions.

4. Other Articles and General Comments not discussed above or at November 15, 2011 Public Forum5. NEW BUSINESS Reserved for topics that the Chair did not reasonably anticipate would be

discussed.


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Please visithttp://www.northamptonma.gov/citycouncil/

Special_Act_Charter_Drafting_Committee/ for more information.

To submit questions and/or comments regarding the Charter, please [email protected] or deliver or mail written comments to Mary L.

Midura, Executive Secretary, City Council office, 210 Main Street, Room 16,

Northampton, MA 01060.


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Target Date to Submit Report to

City Council is January 13, 2012

Please visithttp://www.northamptonma.gov/citycouncil/Special_Act_Charter_Drafting_Committee/ for more information.

Future Meetings December 14th 6-8pm 2nd floor City Hall January 9th 5-8pm 2nd floor City Hall January 10th 5-8pm 2nd floor City Hall January 11th 5-8pm 2nd floor City Hall January 12th 5-8pm 2nd floor City Hall January 17th 5-8pm 2nd floor City Hall January 18th- Presentation to City Council (document submitted by January 13th)


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Section 3-7: Temporary Absence

of the Mayor

Acting Mayor- Whenever by reason of sickness, absence from the city or othercauses, the mayor shall be unable to perform the duties of the office thepresident of the city council shall be acting mayor.

Powers of Acting Mayor - The acting mayor shall have only those powers

of the mayor as are indispensably essential to the conduct of the business

of the city in an orderly and efficient manner and on which action maynot be delayed. The acting mayor shall have no authority to make anypermanent appointment or removal from city service unless the disability

or absence of the mayor shall extend beyond sixty days nor shall an acting

mayor approve or disapprove of any measure adopted by the city councilunless the time within which the mayor must act would expire before the

return of the mayor. During any period in which any member of the citycouncil is serving as acting mayor, such councilor shall not vote as a member

of the city council.


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Temporary Absence of the Mayor

(a) Acting Mayor:

*Should the council president be unable to assume thisrole, who would be next in line?

*Would the council president make that decision? *Would the City Council choose who would be next inline?(b) Powers of acting Mayor:

During their time as acting Mayor should they keep theirvote on the City Council?

Without the acting mayors council vote , who wouldprovide the tie breaker if a measure came before thecouncil and the vote was 4 to 4?


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Nominations and elections

1. Signature requirementsNorthampton now

28,549

West Springfield

27,459

Gloucester

30,243

Mayor 50 100* 300

Counselor at large 50 100* 150

Ward counselor 50 50 75

School committee 50 100* 150

*Maximumof25fromanyoneward

Moresignatures discouragesfrivolouscandidates butitsalsoapainforseriouscandidates

Whatistheop=malnumber? Areminimumormaximumsignaturesbywardappropriate? IsNorthamptontestamentreasonable:Wefurtherstatethatwe

believehimtobeofgoodmoralcharacterandqualifiedtoperformthedu=esoftheoffice.


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2. Preliminary electionsCharter now: hold a preliminary election if number ofcandidates is more than twice the number to be elected

Sends a limited number of candidates to the generalelection

This assures that the winning mayoral candidatereceives more than half the votes

Prevents a minor candidate from becoming a spoilerbut . . .

Adds expense of an added electionIs a preliminary election worth the costs?

Is there a better way to handle multiple candidates?


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3. Instant Runoff Votingan alternative topreliminary elections

If no candidate receives a majority, the candidate with thelowest votes is removed, and the next choice on theseballots get added to the remaining candidates.

Process continues until the winner gets a majority.

One election (nopreliminary)

Voters rank thecandidates


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AVAILABLE PROCEDURES FORCITIZEN ACCESS TO LOCAL GOVERNMENT

1. FREE PETITION: 100Citizens request action by City Council or SchoolCommittee

ISSUES: Should we add this provision to our charter? (Few charters include it) If we add the provision, is the signature threshold (100 citizens) appropriate? PROS: Very easy access to elected officials. CONS: If overused, it can disrupt the normal flow of Council or School Committee business.

2. INITIATIVE PETITION: A request to City Council or School Committee for aparticular action. Needed only when no City Councilor or School Committeemember agrees to bring the issue before the Council or Committee in the normalcourse. Current Charter includes this petition. There are requirements for the

number of people needed to sign the petition, the actions the Council or SchoolCommittee must take and a requirement for an election on the petition. Theproposed Charter would modernize the process but maintain the concept.

ISSUES: Should we retain this provision? A significant majority of MA communities include it in their charters/

it is rarely used). PROS: Provides access to elected officials, Includes safeguards against misuse or overuse CONS: None of significance


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AVAILABLE PROCEDURES FORCITIZEN ACCESS TO LOCAL GOVERNMENT

3. REFERENDUM PETITION: A petition to repeal a measure enacted by the Council or

School Committee. The current Charter has a referendum provision. Petitionmust be signed by 12% of Registered Voters. The referendum issue appears on aballot at a regular or special municipal election.

ISSUE: Should we retain this provision (Most MA city charters include the referendum and it is rarely used)? PROS: Commonly appears in city charters CONS: None of significance

4. RECALL PETITION: Procedure to remove an elected official before end of term.

ISSUES: Should we add a recall provision to our charter? (8 Massachusetts cities and 130 towns have a

recall provision. It is not used often in cities).PROS:

It offers a way to remove an elected official from office. It may have greater significance where terms are longer.CONS:

It offers a way to remove an elected official from office. Its an extreme remedy and there are no standards for removal by recall. The procedure can cause a high degree of civic unrest. The recalled official can run again and be elected again


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Other Comments

Comments on other areas of the Charterother than the 9 areas we have already

focused on.

Further reflections on any area of thecharter including areas already covered.

Scheduled to conclude at 9pm


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Target Date to Submit Report to

City Council is January 13, 2012

Please visithttp://www.northamptonma.gov/citycouncil/Special_Act_Charter_Drafting_Committee/ for more information.

Future Meetings December 14th 6-8pm 2nd floor City Hall January 9th 5-8pm 2nd floor City Hall January 10th 5-8pm 2nd floor City Hall January 11th 5-8pm 2nd floor City Hall January 12th 5-8pm 2nd floor City Hall January 17th 5-8pm 2nd floor City Hall January 18th- Presentation to City Council (document submitted by January 13th)


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Input Sought

To submit comments regarding the Charter,

please email [email protected] or

deliver or mail written comments to Mary L.

Midura, Executive Secretary, City Council

office, 210 Main Street, Room 16,

Northampton, MA 01060

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City Charter Forum II Final 12-06-2011

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