Charter and Rules Committee Meeting September 16, 2024

Posted September 9, 2024, 1:31 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, September 16, 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/83389800786?pwd=aiRcsSToahgThiiyr2XsDmsqbYJH93.1
Meeting ID: 833 8980 0786 Meeting Passcode: 070446 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 May 13, June 3, and June 10 meetings.

Item 2: 8-6-24 From State Rep. Patricia Duffy, communication regarding Appointed Treasurer position

Item 3: 8-6-24 From City Clerk Brenna Murphy Leary, letter regarding appointment of City Treasurer

Item 4: 8-6-24 MURPHY-ROMBOLETTI – Ordered that the City Council reconsider its June 4, 2024, Order approving the ballot question regarding the position of the Treasurer.  Considering the opinion of the City Clerk, which was made pursuant to information received from the Secretary of the Commonwealth’s office, the Charter change should be done via special legislation as approved by the City Council and Mayor as opposed to the City voters.

Item 5: 4-2-24 MAGRATH-SMITH – Ordered, that the City Council adopt the provisions of MGL Chapter 43C for the purpose of changing the position of Treasurer from elected to appointed.

Item 6: 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, 5-13-24, 6-10-24

Item 7: 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, 6-10-24

Item 8: 12-20-22 From Lisa A. Ball, City Solicitor, legal opinion regarding whether a City Council seat is vacated if a ward councilor is elected in one ward and then moves to a different ward during their term in office.

Item 9: 10-17-23 PUELLO – (copy – Original: Public Service) Ordered, That the City Solicitor Lisa Ball review section 2-156 & 162 of the charter covering legal opinions and provide a written legal opinion explaining, when is the department allowed to refuse to provide legal opinions?

Item 10: 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.

Item 11: 8-6-24 MAGRATH-SMITH – Ordered that Rule 4B be amended to reflect current practice and open meeting law, clarifying that items for City Council meetings agendas are due at noon, not one o’clock, and adding that a Monday holiday would also change the deadline to Thursday instead of Friday.

LAID ON THE TABLE
Discussion may or may not take place

Item 12: 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 13: 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 12-22-23, 2-5-24

Item 14: 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

Item 15: 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

Item 16: 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.
*Tabled 5-6-24, 6-10-24 (to November)

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.”
*Tabled 6-3-24

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.