Charter and Rules Committee Meeting May 6, 2024

Posted May 2, 2024, 5:15 PM

City Council
Holyoke Massachusetts

Pursuant to the Massachusetts Open Meeting Law, G.L. c. 30A, §§ 18-25,
Chapter 2 of the Acts of 2023,
notice is hereby given of a meeting of the committee on
Charter and Rules

Monday, May 6, 2024
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 www.zoom.us
https://us02web.zoom.us/j/85843127717?pwd=WUNjQmpybzU0aGRWYkFjRU82QytNdz09
Meeting ID: 858 4312 7717 Meeting Passcode: 092298 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: Minutes of March 25, 2024 meeting.

Item 2: 4-2-24 MAGRATH-SMITH – Ordered, that the Legal Department clarify the meaning of “senior member” as related to City Council rules 3B and 8D.

Item 3: 4-2-24 From Attorney Kathleen Degnan, legal opinion regarding context of “senior”

Item 4: 4-2-24 MAGRATH-SMITH- Ordered, that all Charter references to an Assistant Superintendent of Public Works be updated to Assistant Director of Public Works.

Item 5: 4-2-24 MAGRATH-SMITH – Ordered, that City Council Rule 7B be amended to allow speakers during Public Comment to speak for up to 3 minutes. The current rule allows for up to ten speakers to each speak for 1.5 minutes.

Item 6: 6-7-22 MURPHY-ROMBOLETTI — Ordered that the City Council amend its rules to create a Vice President position in the City Council.
*Tabled 6-14-22, 10-24-22, 3-25-24

Item 7: 6-7-22 MURPHY-ROMBOLETTI — Ordered, that the City Council establish a rule that requires any resident running to fill a vacant city council seat will need to obtain 50 signatures from eligible residents in order to be considered by the full City Council for appointment.
*Tabled 1-9-23, 3-25-24

Item 8: 4-2-24 Magrath-Smith- Ordered, that a Home Rule Petition be filed with amendments to the City Charter as required for consistency with state law, pertaining to our city’s restructuring of municipal finance.

Item 9: 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.

Item 10: 10-4-22 MURPHY-ROMBOLETTI — That the City of Holyoke, through its Honorable City Council and Honorable Mayor, hereby petitions the Massachusetts General Court to enact legislation “Establishing an Appointed Treasurer for the City of Holyoke” in the form set forth below; provided, however, that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.
“An Act Establishing an Appointed Treasurer for the City of Holyoke” – This act proposes to change the City Treasurer from an elected position to an appointed one; the appointment will be made by the  Mayor, with approval of the City Council, for a term not to exceed five (5) years and qualifications for the position may be established by ordinance. If adopted, the Treasurer elected in the 2023 municipal election will fill the vacancy in the office for the remaining two (2) years, and a Treasurer will be appointed to the position following the expiration of that term in January 2026 or sooner if the office is vacated.
*Tabled 10-24-22, 7-17-23, referred back to committee 8-1-23

Item 11: 10-17-23 VACON, JOURDAIN — Ordered, That the City of Holyoke, through its Honorable City Council and Honorable Mayor, hereby petitions the Massachusetts General Court to enact legislation “Establishing an Appointed Treasurer for the City of Holyoke” in the form set forth below; provided, however, that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.
“An Act Establishing an Appointed Treasurer for the City of Holyoke” – This act proposes to change the City Treasurer from an elected position to an appointed one; the appointment will be made by the City Council, for a term not to exceed five (5) years and qualifications for the position may be established by ordinance. If adopted, the Treasurer elected in the 2023 municipal election will fill the vacancy in the office for the remaining two (2) years, and a Treasurer will be appointed to the position following the expiration of that term in January 2026 or sooner if the office is vacated.

Item 12: 8-1-23 From Atty Kathleen Degnan, Asst City Solicitor, home rule petition for appointed treasurer.

LAID ON THE TABLE
(Discussion is not expected)

Item 13: 1-18-22 MURPHY-ROMBOLETTI, JOURDAIN — Ordered that the City Council adopt a rule to establish a two-year legislative term.  Any orders pending in committee or not acted on by the end of the legislative term must be re-filed at the start of the subsequent legislative term.  *Tabled 2-23-22, 4-12-22, 6-14-22, 2-27-23

Item 14: 1-17-23 MCGEE — Ordered that City Council Rule 9H be amended and re-worded in order to make the process of changing or updating an ordinance a smoother process.
*Tabled 2-27-23, 12-11-23

Item 15: 2-7-23 JOURDAIN, VACON — Ordered, that City Council Rule 9P be modified to add: Only those items that are reasonably expected to be taken up at the meeting (per open meeting law) will be published on the meeting agenda.  Items “deemed tabled” by virtue of their existence in the committee jacket for 45 days will not be published on the active agenda.  Listing every item in the entire committee jacket on every agenda will create confusing agendas for Councilors and the general public when the vast majority of items will never be considered at that meeting and create the false impression that they will be.  This will create an absurd result that appears to be a violation of the Open Meeting Law.  *Tabled 2-27-23

Item 16: 4-4-23 RIVERA_I, GIVNER, MALDONADO VELEZ, MURPHY-ROMBOLETTI, RIVERA_J — Ordered, that Section 34 of the Holyoke City Charter be amended to establish a Police Commission by virtue of a Special Act in Accordance with the provisions of Articles of Amendment, Article II, Section 8 of the Massachusetts Constitution.
*Tabled 4-19-23, 7-17-23, 12-11-23

Item 17: 4-4-23 From Atty Jane Mantolesky, Supplement to legal opinion on voting requirements
*Tabled 4-10-23

Item 18: 8-1-23 From City Solicitor letter re: Provisions of charter impacted by implementation of a Police Commission
*Tabled 12-11-23

Item 19: 8-1-23 From Lisa Ball, City Solicitor, Legal Opinion from KP Law, Mark R. Reich Esq. regarding Community Preservation Act Surcharge Reduction.

Item 20: 8-1-23 From City Solicitors Ballot Question language.

Item 21: 10-3-23 GIVNER, TALLMAN — With community support, order that all ordinances and charter rules reflecting city council and city council subcommittee meeting notices be updated to reflect acceptance of email as sufficient method of notice, and city website posting as sufficient method of public notice.
*Tabled 12-11-23, 2-5-24

Item 22: 10-3-23 GIVNER — 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 12-11-23, 2-5-24

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.

Item 24: 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.

Item 25: 2-6-24 DEVINE, I. RIVERA — Ordered, Under City Council rules, please add the following: New Rule: Every 2 years after being sworn in, the City Council President shall set the seating arrangements of the City Council. Consideration shall be taken for any legitimate handicap preference.

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. Also one or two items may require the committee to enter into executive session at this meeting. Agenda subject to change up to two business days (48 hours) prior to posted meeting time.