TR-2015-5 SPECIAL LEGISLATION i
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Town of Agawam Law Department
Memorandum
To: George Bitzas
From: Vincent Gioscia
Date: 2/17/15
Subject: Withdrawal of Agenda Item
You have asked for an opinion from the Law Department on the following questions:
Does a Councilor who is the sole sponsor or an agenda item under New Business have the right
to with draw that item? i cannot find anything in our Rules or the Charter to prevent him from
doing so?
Yes, a Councilor may withdraw items from the agenda. There have been tunes in the past when
councilors have in fact withdrawn matters from the agenda. The Council rules are silent as to the
ability to withdraw matters. Furthermore, you are correct in you assertion that the Charter is
silent on the matter of"withdrawing" a matter. The Charter, Section 2-7 governs the "Rules of
Procedure"for the City Council, states as follows:
Section 2-7 Exercise of Powers; Quorum; Rules of Procedure
(a)Exer-cise of Powers -- Except as otherwise prohibited by law or
the charter, the legislative powers of the town council may be
exercised in a manner determined by it.
(b) Quorum--A majority of the full town council shall constitute a
quorum. The affirmative vote of a majority of the full town council
shall be necessary to adopt any appropriation order. Except as
otherwise provided by law or the charter, any other motion or
measure may be adopted by a majority vote of those present.
(c) Rules of Procedure -- The town council shall from time to time
establish rules for its proceedings.
Editor's Note: See Ch. Al84,Council Rules and Regulations.
Regular meetings of the town council shall be held at a time and
place fixed by ordinance but which shall be not less frequent than
once monthly. Special meetings of the town council may be held
on the call of the president of the town council, or on the call of
any five or more members, by written notice delivered to the place
of residence or business of each member at least twenty-four hours
in advance of the time set. Except as otherwise authorized by
General Laws all sessions of the town council shall be open to the
public and press. Every matter coming before the town council for
action shall be put to a vote, the result of which shall be duly
r
recorded. A full, accurate, and up-to-date record of the proceedings
of the town council shall be kept and shall be open to inspection by
the public
A strict reading of the Charter would indicate that NO matter may ever be
withdrawn, tabled indefinitely or possibly even amended. This would create
significate procedural difficultly for the legislative branch. It is well established
by historical precedent that matters may be removed from the agenda,amended or
tabled indefinitely.
Councilor Suffriti has stated in his memo of February 4, 2015 he no longer
desires to be a sponsor of the proposed Legislation, therefore it would be proper
to remove it from the agenda as "Any Orders, Resolutions and Ordinances shall
be sponsored by the Mayor or a member of the City Council. (Rule 15 and 21 (b),
May 6, 2013 Agawam City Council Rules and Regulations) If there is no sponsor
the matter cannot appear on the agenda.
Rule 21 (c), May 6, 2013 Agawam City Council Rules and Regulations,
states that All Resolutions, "Prior to consideration of these documents by the
Council said documents shall be reviewed as to form and legality by the City
Solicitor." It should be noted that this sentence refers to "Resolutions."
Therefore,the Resolution at issue here may not even by properly on the agenda as
it has not been endorsed as to "form and legality" by the Solicitor. (See also Rule
26, May 6, 2013 Agawam City Council Rules and Regulations which also
rewires the"original" signature of the Solicitor.)
Rule 21 (d), May 6, 2013 Agawam City Council Rules and Regulations
states that "All Resolutions shall first appear under New Business and a the next
regularly meeting of the City Council shall moved to Old Business upon which a
discussion will be had and action of the City Council taken." As the Council
Rules are silent as to the issue of withdrawal and a procedure for such action I
would differ to Roberts Rules of Order.
U)
TR-2015--L'
A RESOLUTION PETITIONING THE GENERAL COURT OF THE
COMMONWEALTH OF MASSACHUSETTS FOR THE ENACTMENT OF
SPECIAL LEGISLATION AMENDING SECTION 3-3 OF THE AGAWAM HOME RULE CHARTER,
SUBJECT TO VOTER APPROVAL, TO REQUIRE CITY COUNCIL
CONFIRMATION OF MAYORAL APPOINTMENT OF DEPARTMENT HEAD POSITIONS
(Sponsored by Councilor Anthony Suffriti)
WHEREAS, Massachusetts state law provides for cities and towns to make changes to
their adopted home rule charters by petitioning the state legislature for the enactment of
special legislation amending the charter, subject to voter approval at the next regular municipal
election after approval of the special legislation by the Commonwealth;
WHEREAS, the Agawam City,Council desires to amend the Agawam Home Rule Charter
to require City Council confirmation of Mayoral appointments of Department Head positions;
WHEREAS, it is in the best interest of the Town of Agawam to have City Council
confirmation of Mayoral appointments of Department Head positions; and
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby petitions the
General Court of the Commonwealth of Massachusetts to enact the following special legislation
requiring City Council confirmation of Mayoral appointments of Department Head positions:
AN ACT TO AMEND SECTION 3-3 OF THE CHARTER OF THE TOWN OF AGAWAM TO REQUIRE
CITY COUNCIL CONFIRMATION OF MAYORAL APPOINTMENTS OF DEPARTMENT HEAD
POSITIONS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the some as follows:
SECTION 1. Notwithstanding chapters 43 and 43B of the General Laws or any other general or
special law to the contrary, the charter of the Town of Agawam shall hereby be amended to
require City Council confirmation of Mayoral appointment of Department Head positions.
SECTION 2. Section 3-3 of said charter shall be amended to read as follows: "Section 3-3
Appointments by the Mayor. The mayor shall appoint all city officers, department heads and
members of multiple-member bodies for whom no other method of appointment or selection
is provided for by the charter, excepting only persons serving under the school committee,
persons appointed by state officials and persons serving under the city council. All mayoral
appointments of department heads shall require confirmation by a majority vote of the town
council. The town council by ordinance shall designate department head positions.
SECTION 3. This act shall be submitted for acceptance to the qualified voters of the town of
Agawam at the 2015 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2015, entitled "An Act to Amend Section
3-3 of the Charter of the Town of Agawam to Require City Council Confirmation of Mayoral
Appointments of Department Head Positions" be accepted?
Below the question shall appear a fair and concise summary of the proposed charter
amendment prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, Section 3-3 of the
charter of the town of Agawam shall be amended as set forth herein, but not otherwise.
SECTION 4. The city solicitor shall prepare the summary required under Section 3 not later than
sixty (60) days before the election under section 58A of the General Laws.
SECTION 5. This act shalt take effect upon passage.
Dated this day of ,2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President, Agawam City Council
APPROVED AS TO FORM AND LEGALITY
Vincent Gioscia, City Solicitor
INTEROFFICE MEMORANDUM
TO: CHRISTOPHER JOHNSON, COUNCIL PRESIDENT
FROM: ANTHONY SUFFRITI, CITY COUNCILOR
SUBJECT: TR-2015-5
DATE: FEBRUARY 4, 2015
After my recent meeting on February 41h with the Mayor, Vince Gioscia,
Attorney Stephen Buoniconti, Chris Golba and Chris Sparks regarding the
above mentioned resolution, some interesting and valid points were
discussed. My intention for placing this item on our Agenda was to ensure
that the most qualified candidates be placed in future department head
positions.
However, upon further consideration, I have decided to withdraw TR-2015-5
from our Agenda. Alternatively, I would like to suggest the formation of a
Charter Review Commission to address our extremely outdated Charter.
Please feel free to contact me with any comments or concerns. Thank you.
cc: Full Council
Mayor
Solicitor
TR-Dais--
A RESOLUTION PETITIONING THE GENERAL COURT OF THE
COMMONWEALTH OF MASSACHUSETTS FOR THE ENACTMENT OF
SPECIAL LEGISLATION AMENDING SECTION 3-3 OF THE AGAWAM HOME RULE CHARTER,
SUBJECT TO VOTER APPROVAL,TO REQUIRE CITY COUNCIL
CONFIRMATION OF MAYORAL APPOINTMENT OF DEPARTMENT HEAD POSITIONS
(Sponsored by Councilor Anthony Suffriti)
WHEREAS, Massachusetts state law provides for cities and towns to make changes to
their adopted home rule charters by petitioning the state legislature for the enactment of
special legislation amending the charter, subject to voter approval at the next regular municipal
election after approval of the special legislation by the Commonwealth;
WHEREAS, the Agawam City Council desires to amend the Agawam Home Rule Charter
to require City Council confirmation of Mayoral appointments of Department Head positions;
WHEREAS, it is in the best interest of the Town of Agawam to have City Council
confirmation of Mayoral appointments of Department Head positions; and
NOW THEREFORE, BE IT RESOLVED that the Agawam City Council hereby petitions the
General Court of the Commonwealth of Massachusetts to enact the following special legislation
requiring City Council confirmation of Mayoral appointments of Department Head positions:
AN ACT TO AMEND SECTION 3-3 OF THE CHARTER OF THE TOWN OF AGAWAM TO REQUIRE
CITY COUNCIL CONFIRMATION OF MAYORAL APPOINTMENTS OF DEPARTMENT HEAD
POSITIONS
8e it enacted by the Senate and House of Representatives In General Court assembled, and by
the authority of the same as follows:
SECTION 1. Notwithstanding chapters 43 and 43B of the General Laws or any other general or
special law to the contrary, the charter of the Town of Agawam shall hereby be amended to
require City Council confirmation of Mayoral appointment of Department Head positions.
SECTION 2. Section 3-3 of said charter shall be amended to read as follows: "Section 3-3
Appointments by the Mayor. The mayor shall appoint all city officers, department heads and
members of multiple-member bodies for whom no other method of appointment or selection
is provided for by the charter, excepting only persons serving under the school committee,
persons appointed by state officials and persons serving under the city council. All mayoral
appointments of department heads shall require confirmation by a majority vote of the town
council. The town council by ordinance shall designate department head positions.
SECTION 3. This act shall be submitted for acceptance to the qualified voters of the town of
Agawam at the 2015 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2015, entitled "An Act to Amend Section
3-3 of the Charter of the Town of Agawam to Require City Council Confirmation of Mayoral
Appointments of Department Head Positions" be accepted?
Below the question shall appear a fair and concise summary of the proposed charter
amendment prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, Section 3-3 of the
charter of the town of Agawam shall be amended as set forth herein, but not otherwise.
SECTION 4. The city solicitor shall prepare the summary required under Section 3 not later than
sixty (60)days before the election under section 58A of the General Laws.
SECTION 5. This act shall take effect upon passage.
Dated this day of . 2015.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President,Agawam City Council
APPROVED AS TO FORM AND LEGALITY
Vincent Gioscia, City Solicitor