Charter and Rules Committee Meeting August 27, 2025
Published August 25, 2025, 5:48 p.m.
City Council
Holyoke Massachusetts
Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
Chapter 2 of the Acts of 2025,
notice is hereby given of a meeting of the committee on
Charter and Rules
Wednesday, August 27th, 2025
6:30 PM
Meeting to take place at
Holyoke City Hall, 536 Dwight St
and can be accessed remotely on Zoom Meetings
Per order of the Chair: Meg Magrath-Smith
Remote access via zoom.us
https://us02web.zoom.us/j/86139644905?pwd=woIM9p67jAlLZe4rRA3F7rSJjdtIs4.1
Meeting ID: 861 3964 4905 Meeting Passcode: 986671 or by call in at 1 (646) 558-8656 with the same Meeting ID and Passcode.
Live Spanish interpretation will be available on local access channel 15 using the television’s SAP option, through the live stream on the city website, as well as on the Zoom feed by clicking the interpretation option and choosing Spanish.
Agenda
Item 1: 6-23-25 Jourdain- Ordered that the following Charter Change be adopted:
Charter Sec. 39. – City solicitor.
AMEND
FROM:
The city solicitor shall perform those all legal services in which the city is interested and attend to all proceedings at law or in equity to which the city is a party, and to all claims made to the city council. For these purposes he shall have sole charge of all such matters and proceedings. He shall give in writing his legal opinion upon any of the municipal affairs of the city, upon the request of the mayor or city council, and in addition shall give his opinion upon the law relating to municipal affairs in any department, upon request made by the head of such department.
TO:
The city solicitor shall perform those legal services in the city as the city council shall establish by ordinance. He or she shall give in writing their legal opinion upon any of the municipal affairs of the city, upon the request of the mayor or city council, and in addition shall give his opinion upon the law relating to municipal affairs in any department, upon request made by the head of such department.
Item 2: 2-6-24 JOURDAIN, BARTLEY — Ordered, That Charter Sections 19 and 34 be amended and elsewhere as appropriate to allow for all appointments to the Fire Commission and DPW Commission to be appointed by the Mayor subject to confirmation by the City Council.
*Tabled 6-10-24, 3-3-25
Item 3: 6-30-25 JOURDAIN – Ordered that section 13 of the Holyoke Charter – Rules of city council; president pro tempore; method of sitting; journal; roll-call votes; quorum; general powers; no compensation. – be amended using the attached language.
Item 4: 6-30-25 JOURDAIN – Ordered that section 14 of the Holyoke Charter – Transactions by council or members in behalf of city prohibited, except in case of veterans’ aid – be amended using the attached language.
Item 5: 6-30-25 JOURDAIN – Ordered that section 22 of the Holyoke Charter – Power as to laying out, etc., of streets; damages; ordinances, etc., involving expenditures in excess of two hundred dollars.- be amended using the attached language.
Item 6: 6-30-25 JOURDAIN – Ordered that section 24 of the Holyoke Charter -Presentation of ordinances, orders, etc., to mayor; approval; veto; passage over veto – be amended using the attached language.
Item 7: 6-30-25 JOURDAIN – Ordered That section 41 of the Holyoke Charter be deleted.
Item 8: 6-30-25 JOURDAIN – Ordered that section 49 of the Holyoke Charter – Transfers of appropriations; authorization of expenditures without appropriation; approval of bills, pay rolls and vouchers; fiscal year. – be amended using the attached language.
Item 9: 6-30-25 JOURDAIN – Ordered that section 53 of the Holyoke Charter -Loans, bonds and notes. – be amended using the attached language.
Item 10: 4-1-25 Magrath-Smith, I. Rivera, Murphy-Romboletti — Ordered, that the City of Holyoke shall create an Administrative and Finance Department. Said acceptance shall be subject to implementation by city ordinance and any necessary amendments to the City Charter. This order shall be referred concurrently to Charter and Rules and Ordinance to be considered jointly, with recommendations regarding implementation to be reported back to the City Council jointly. See attached: Municipal Modernization Act of 2025.
*Referred back 6-30-25
Item 11: (copy) 5-20-25 Jourdain, Vacon-Ordered, that City Council adopt the attached Substitute Municipal Modernization Ordinance
* Referred back 6-30-25
Item 12: 4-2-24 BARTLEY, JOURDAIN, VACON – The City of Holyoke amends any charter, ordinance and any other regulations relative to its Tax Collector and combines the office with its City Treasurer so long as a charter change to appoint rather than elect Holyoke’s City Treasurer is approved by the legislature and Holyoke voters.
* Referred back 6-30-25
Item 13: 10-3-23 GIVNER — (Charter change) With community support, order that the following section of our Codes of Ordinances and charter be updated to reflect use of email as sufficient for special meeting notice:
Sec. 12. – Special meetings of city council.
The mayor may at any time call a special meeting of the city council by public posting through the city website along with written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the council, by email at least forty-eight hours before the time appointed for such meeting.
(Acts 1965, c. 187; Acts 1992, c. 189)
*Referred back 6-30-25
Item 14: 3-4-25 Jourdain, Vacon- Ordered that the City Council Charter & Rules committee discuss the Council’s long history of interpretation relative to Section 22 of the Charter that a vote to pass the first and then a vote to pass the second reading are required before final passage may occur under the provisions of that Section. That the Council also continue to follow our current procedure if and until the Council votes to change that procedure and understanding of Section 22 through a lawful method to be determined up to and including a possible Charter Change.
Section 22 of the Charter
Sec. 22. – Power as to laying out, etc., of streets; damages; ordinances, etc., involving expenditures in excess of two hundred dollars.
The city council shall, with the approval of the mayor, have exclusive authority and power to order the laying out, locating anew or discontinuing of all streets and ways and highways within the limits of the city, and to assess the damage sustained by any person thereby, and further, except as herein otherwise provided, to act in all matters relating to such laying out, locating anew, altering or discontinuing. Any person aggrieved by the assessment of his damages, or other action of the city council under this section, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns. Any ordinance, order, resolution or vote involving the appropriation or expenditure of money to an amount which may exceed two hundred dollars, shall require for its passage the affirmative votes of a majority of all the members of the city council. Every such ordinance, order, resolution or vote shall be read twice, with an interval of at least three days between the two readings, before being finally passed; and the vote at its final passage shall be taken by roll call; provided, however, that upon and after the written recommendation of the mayor the city council may pass such ordinance, order, resolution or vote on the same day by a two-thirds yea and nay vote.
*Tabled 4-2-25
Item 15: 6-23-25 Charter changes related to Municipal Modernization Package be adopted.
Item 16: Item 33: 4-15-25 Jourdain- Ordered, that Rule 8M please be amended as follows:
Current:
M. Any ordinance, order, resolution, or vote involving the appropriation or expenditure of money to an amount which may exceed two hundred dollars, shall require for its passage the affirmative votes of a majority of all members of the City Council.
Every such ordinance, order, resolution, or vote shall be read twice, with an interval of at least three days between the two readings, before being finally passed; and the vote at its final passage shall be taken by roll call; provided, however, that upon and after the written recommendation of the Mayor, the City Council may pass such ordinance, order, resolution, or vote on the same day by a two-thirds yea and nay vote. {See City Charters. 22}
New:
M. Any ordinance, order, resolution, or vote involving the appropriation or expenditure of money to an amount which may exceed two hundred dollars shall be considered as adopted by final action of the City Council only after passing the following two votes: (1) Motion to pass the first reading by a majority of all the members of the City Council, and (2) Motion to pass the second reading by a majority of all the members of the City Council on a roll call vote. Notwithstanding the preceding, if the Motion to pass the first reading and the Motion to pass the second reading occur within three days of each other then the Motion to pass the second reading shall require a two thirds majority of all the members of the City Council to be adopted. [Reference: City Charter Section 22, and MG.l. c. 44 § 1]
LAID ON THE TABLE
(Items taken up at previous meeting(s) and laid on the table. Discussion has not been planned, but any item may be removed from the table upon motion of the committee.)
Item 17: 5-21-24 DEVINE – Ordered that the City Council consider a rule addition to to RULE 6C (DECORUM/SPEAKING), adding the following words as a second paragraph:
“No Councilor shall speak more than 4 minutes during debate. The President/and or the City Council Administrative Assistant shall keep track of the minutes. A (1) one minute reminder shall be given at the 3 minute mark during debate.”
*Amended to “3 minutes at a time,” referred back 2-4-25, tabled 3-3-25
Item 18: 5-6-25 Magrath-Smith-Ordered, that City Council Rule 9.I be revised from “Subcommittees should not be allowed to meet at the same time/same night.” to “Subcommittees should not be allowed to meet at the same time/same night unless the Chairs of two or more Sub-Committees have called for a joint meeting.”
*Tabled 6-12-25
Item 19: 4-15-25 Magrath-Smith- Ordered, that a new rule 6.H. be added to the City Council rules. Proposed Rule 6.H:
“Any member of the Council, upon being recognized by the President, may pose a question to be answered by the Law Department.”
*Tabled 6-12-25
Item 20: 4-15-25 Jourdain-Council rules be amended to ban outright all late filed orders, communications and any other business of the Council unless it is a matter of absolute emergency to the city and no member objects.
*Tabled 6-12-25
Item 21: 3-18-25 Bartley- City Council Rule 4 is hereby amended as follows: Add the following paragraph to the end of Rule 4.B. – For the sake of public transparency, Late Filed orders (as defined herein) may be added to the already published Regular Agenda and presented (a) to the members at the Regular Meeting by offering printed copies and by remittance to the members by way of electronic mail and the same shall be sent no later than 1 PM on the day the Regular meeting is scheduled and (b) to the Public via the City website and the same shall be posted no later than 1 PM of the day of a Regular City Council meeting. In any event, late -filed orders may not be appended the Regular Agenda unless for good cause and so long as written approval from both the Clerk and the President is presented to the members before the Regular meeting. Said writing shall be presented to the members at the Regular meeting and shall include reasons explaining the ‘good cause’ and signatures of both the Clerk and the President.
*Tabled 4-2-25, 6-12-25
Item 22: 11-19-24 From Atty Jane Mantolesky, Asst City Solicitor, City Council Voting Specifics
*Tabled 1-27-25, 3-3-25
Item 23: 12-5-23 VACON — Ordered, That we amend our charter and ordinances to change from an elected Mayor to a City Manager/Chief Administrative Financial Officer, appointed by the City Council.
*Tabled 5-13-24, 6-10-24, 3-3-25
Item 24: 10-3-23 GIVNER — (Rule change) With community support, order that the following section of our Codes of Ordinances and charter be updated to reflect use of email as sufficient for special meeting notice:
Sec. 12. – Special meetings of city council.
The mayor may at any time call a special meeting of the city council by public posting through the city website along with written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the council, by email at least forty-eight hours before the time appointed for such meeting.
(Acts 1965, c. 187; Acts 1992, c. 189)
*Tabled 12-22-23, 2-5-24, 1-27-25, 3-3-25
Item 25: 4-1-25 From Councilor Linda Vacon, OML Complaint regarding majority of Charter and Rules members meeting privately in working group
*Tabled 4-2-25
Item 26: 3-18-25 Magrath-Smith – ordered that Rule 4E be revised to create a system that assigns a specific number to each order, allowing for better tracking across multiple committees and over time. Rule 4E is “All city council orders introduced to the City Council shall be numbered consecutively, and a log of all orders be kept by the City Clerk and the Council’s Clerk of Committees showing the order number, the date the order was brought before the City Council, the action taken by the City Council on the order, or the Council Committee or city department the order was referred to, the date the order was referred back from the committee or department, and the final action taken by the City Council.”
*Tabled 4-2-25
Item 27: 3-18-25 Magrath-Smith – ordered that the role of the Public Service and Human Resources Committee as described in Section 9B.iv and 9L and 9M be reviewed and revised.
*Tabled 4-2-25
Item 28: 3-18-25 Magrath-Smith – ordered that Charter and Rules holistically review and reorganize how information on sub-committees is presented in the rules for the sake of clarity in Section 9.
*Tabled 4-2-25
Item 29: 3-18-25 Magrath-Smith – ordered that revisions to Section 7A of our rules be considered. Section 7A reads: 7. AGENDA A. At every regular meeting of the Council, the order of business shall be as follows:
i. Calling the roll of the members.
ii. Pledge of Allegiance followed by the statement “God Bless America, God Bless the City of Holyoke and All its Citizens, and God Bless the City Council.”
iii. Presentations and reports by invitation of the City Council
iv. Public Comment (amended May 15, 2012)
v. Reading the journal of the previous meeting, if requested by the City Council.
vi. Unfinished business of previous meeting.
vii. Communications and reports from city officers
viii. President’s Report. ix. Presentation of petitions, memorials, and remonstrances.
x. Reports of Committees.
xi. Motions, orders, and resolutions
xii. Late-Filed orders: A listing of all late file orders from the prior City Council Meeting be listed and attached to the subsequent meetings agenda as an addendum.
The above shall not be departed from but by vote of the majority of the City Council present.
*Tabled 4-2-25
Item 30: 3-4-25 Jourdain, Vacon- Ordered, amend Rule 6E by adding the following: that no member of the City Council shall make references to or about another member but in respectful terms whether inside or outside the City Council Chambers including on social media. That the City Council also taken into consideration this time how the City’s social media policy should help guide our final rule.
*Tabled 4-2-25
Item 31: 3-4-25 Devine- ORDERED: That the Law Department render an opinion as to whether a City Councilor can be censured for disruption of any City Council proceeding whether at regular meetings of the City Council or any sub-committee of the City Council.
*Tabled 4-2-25
Item 32: 3-4-25 Devine- ORDERED: That the Law Department check with surrounding cities and towns as to how they might censure an elected official due to lack of decorum or other offenses.
*Tabled 4-2-25
Item 32: 3-4-25 Devine- ORDERED: That the Law Department issue an opinion as to whether there are any repercussions for an elected City Councilor who may “Use their position to impede any government operation in carrying out their duties.
*Tabled 4-2-25
ADMINISTRATIVELY LAID ON THE TABLE
(Per City Council Rule 9P, “Any order not acted on within 45 business days shall be deemed tabled.” Items within this section are laid on the table by virtue of being in the committee more than 45 business days. Discussion of these items is unlikely, but any item may be removed from the table upon motion of the committee.)
Item 34: 5-6-25 Jourdain- Rule 8 be amended by adding a new Rule 8P:
In case of the failure of the mayor to transmit to the city council a written recommendation for an appropriation for any purpose not included in the annual budget, which is deemed necessary by the council, after having been so requested by vote thereof, said council, after the expiration of seven days from such vote, upon its own initiative may make such appropriation by a vote of at least two thirds of its members, and shall in all cases clearly specify the amount to be expended for each particular purpose, but no appropriation may be voted hereunder so as to fix specific salaries of employees under the direction of boards elected by the people, other than the city council. [Reference: MG.L. c. 44 § 33]
The annual budget shall include sums sufficient to pay the salaries of officers and employees fixed by law or by ordinance. Notwithstanding any contrary provision of any city charter, no ordinance providing for an increase in the salaries or wages of municipal officers or employees shall be enacted except by a two thirds vote of the city council, nor unless it is to be operative for more than three months during the calendar year in which it is passed. No new position shall be created or increase in rate made by ordinance, vote or appointment during the financial year subsequent to the submission of the annual budget unless provision therefor has been made by means of a supplemental appropriation. No ordinance, vote or appointment creating a new position in any year in which a municipal election is held shall be valid and effective unless said ordinance, vote or appointment is operative for more than three months during said municipal election year. [Reference: MG.L c. 44 § 33A]
Item 35: 5-6-25 Jourdain-Rule 8 be amended by adding a New Rule 80 as follows:
No sum appropriated for a specific purpose shall be expended for any other purpose, and no expenditure shall be made nor liabilities incurred by or in behalf of the city until an appropriation has been fully voted by the city council, sufficient to meet such expenditure or liability, together with all prior unpaid liabilities which are payable out of such appropriation, except in accordance with the recommendation of the mayor to the city council, approved by the yea and nay vote of two-thirds of the council: provided, however, that after the expiration of the financial year and until the passage of the annual appropriations liabilities payable out of a regular appropriation to be contained therein may be incurred to an amount not exceeding one third of the total of such appropriation for the preceding year. Every bill, pay roll or other voucher covering an expenditure of money shall be approved by the signatures on the back of such bill or voucher of the majority of the board or committee having control of or incurring such expenditure, and after such approval such bills, pay rolls or vouchers shall be turned over to the auditor. The financial year shall begin with the first day of July in each year. The provisions of this section shall apply throughout the entirety of the financial year, [Reference: City Charter Section 49, MG.L. c. 44 § 56A and MG.L. c. 44 § 338]
Administrative Assistant: Jeffery Anderson-Burgos
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items may also be brought up for discussion to the extent permitted by law. Agenda subject to change up to two business days (48 hours) prior to posted meeting time.