TR-2016-26 SPECIAL LEGIS TO FILL VACANCY ON SC - IL
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AGAWAM CITY COUNCIL
36 MAIN STREET
Y, ^� AGAWAM, MASSACHUSETTS 01001
June 23, 2016
Vincent Gioscia
City Clerk
PRESIDENT Town of Agawam
James C. Cichetti 36 Main Street
VICE PRESIDENT Agawam, MA. 01001
Joseph Nlineo
Re: Certification of vote for TR-2016-26
COUNCILORS
George Bitzas
Cecilia P. Calabrese As Clerk and Administrative Assistant to the Agawam City Council,
Paul C. Cavalla
Chr7opherC. Johnsonplease consider this letter as certification that at the June 20, 2016
Gina M. Letellier Regular Meeting of the Agawam City Council which was held at the
Donald M. Rheault Roberta G. Doering School, 68 Main Street, Agawam, at 7:00pm, the
Robert E. Rossi Agawam City Council (by a vote of 7 Yes, 2 No, 2 Absent) voted to
Anthony R Bufjriti approve TR-2016-26 which is a Resolution requesting the Agawam City
Richard Al Theroux Council Petition for the Enactment of Special Municipal Legislation
ADMINISTRATIVE changing the process to fill a vacancy on the School Committee. A copy
ASSISTANT of the Ordinance is enclosed for your convenience.
Barbara A. Bard
If you require further information or assistance, please do not hesitate to
contact this office.
Sincerely,
Barbara A. Bard
Administrative Assistant
Agawam City Council
I, Vincent Gioscia, City Clerk for the Town of Agawam, hereby attest
that the above is true and accurate.
TELEPHONE
(413) 726-9716
FAX Vincent Gioscia, City Clerk
(413) 726-9717
EMA[L
bbard@Dagawam.ma.us
�1dv
A RESOLUTION REQUESTING THE AGAWAM CITY COUNCIL PETITION FOR
THE ENACTMENT OF SPECIAL MUNICIPAL LEGISLATION CHANGING THE
PROCESS TO FILL A VACANCY ON THE SCHOOL COMMITTEE
(Sponsored by Mayor Richard A. Cohen, Councilors: George Bitzas, James
P.Cichetti,Richard M. Theroua, Cecilia Calabrese, and Joseph Mineo)
WHEREAS, Massachusetts state law provides for cities and towns to make changes in
the organizational structure of local government by petitioning for enactment of special
municipal legislation; and
WHEREAS, the ability to petition for special municipal legislation remains available
and has been used to change the form of local government in approximately 35 communities;
and
WHEREAS,the special municipal legislation would be subject to voter ratification at the
next regular city election after approval by the Commonwealth; and
WHEREAS, section eight of the Home Rule Amendment allows communities to petition
the state legislature, to revise their charter, following approval by the communities legislative
body; and
WHEREAS, said legislation would change the process to fill a vacancy for an elected
position for School Committee and to make the same as the process to fill a vacancy on the City
Council.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM
CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely
as follows. The General Court may make clerical or editorial changes of form only to the bill,
unless the Agawam City Council approves amendments to the bill before enactment by the
General Court. The City Council hereby authorizes the Mayor to approve amendments which
shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY
KNOWN AS THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
SECTION 1. Section 4-6 of said charter shall be deleted in its entirety and inserting in place
thereof the following:-If a vacancy shall occur,by failure to elect or otherwise, in the office of
school committeeperson during the first eighteen(18)months of the term for which school
committeepersons are elected,no special election shall be held. The City Clerk shall notify the
school committee forthwith of such vacancy. The school committee shall,within fifteen(15)
days of such notification, choose as school committeeperson for the vacancy, whichever of the
defeated candidates for the office of school committeeperson at the regular municipal election at
which school committeepersons were last elected, who is eligible and willing to serve, and who
received the highest number of votes at such election. If the defeated candidate who received the
highest number of votes is ineligible or unwilling to serve, the school committee shall choose the
defeated candidate with the next highest number of votes,as so on,until such vacancy is filled,
provided such person remains eligible and willing to serve and provided such person received
votes at least equal to thirty percent of the vote received by the person receiving the largest
number of votes for the office of school committee at said election. If there is a tie in the election
the City Clerk shall conduct an automatic recount of the election. If the recount does not break
the tie a toss of the coin shall determine the outcome. The Clerk will then list the order of the
candidates. If no defeated candidate is eligible and willing to serve,the school committee shall
by majority vote of the full committee select a registered voter of the Town of Agawam to fill
such vacancy.
If such vacancy shall occur after the eighteen(18)calendar months of the term for which the
school committeepersons are elected,the preceding shall not apply. The person elected at the
next regular town election following the creation of the vacancy who receives the highest
number of votes for school committeeperson and who is not then an incumbent member of the
school committee shall immediately be sworn and shall, in addition to the term for which the
person was elected, serve for the balance of the then unexpired vacant term.
SECTION 2. This act shall be submitted for acceptance to the qualified voters of the town of
Agawam at the 2017 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2016,entitled `An Act Relative to the
Leadership and Governance of the city known as the Town of Agawam' be accepted?"
Below the question shall appear a fair and concise summary of the proposed charter amendments
prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, section 1 shall be
applicable in the town of Agawam and the charter shall be amended as set forth herein,but not
otherwise.
SECTION 3.The city solicitor shall prepare the summary required under section 7 not later than
sixty (60)days before the election under section 58A of chapter 54 of the General Laws.
SECTION 4. This act shall take effect upon passage.
Dated this I L+�day o 2016
PER ORDER F TFIKAGWAM CITY COUNCIL
aMa
Jrmes P. Cichetti,Presiders
APPROYED,A TO FORM AND LEGALITY
0 4v. e
Patrick M. Toney, City Solicitor
by Tn
c� La
uV
cc , �. -.
MAYORAL ACTION
Received this day of 0l6 m Council V u — 2 from Clerk.
Xl�—
Signed by Council President this day of 2016.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam q5ter,arn�ral h, erpby approve the passage of the above legislation on this,094 S� day of
2016.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter,as
amended, I hereby veto the passage of the above legislation on this day of
,2016 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 'A S
day of_ �� -�,2016.
SCR-l 6-18
T RESOLUTION
REQUEST TO CHANGE THE PROCESS TO FILL A VACANCY ON THE SCHOOL
COMMITTEE
(Sponsored by A. Bonavita, B. Burbank, D. Juzba, C. Mineo, S. Reed, & W. Rua)
WHEREAS, Massachusetts state law provides for cities and towns to make changes in the
organizational structure of local government by petitioning for enactment of special municipal
legislation, and
WHEREAS, the ability to petition for special municipal legislation remains available and has
been used to change the form of local government in approximately 35 communities, and
WHEREAS, the special municipal legislation would be subject to voter ratification at the next
regular city election after approval by the Commonwealth, and'
WHEREAS, section eight of the Home Rule Amendment allows communities to petition the
state legislature to revise their charter following approval by the communities legislative body,
and
WHEREAS, said legislation would change the process to fill a vacancy for an elected position
for School Committee.
NOW,THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY
COUNCIL to petition the General Court, to the end, that legislation be adopted precisely as
follows. The General Court may make clerical or editorial changes of form only to the bill,
unless the Agawam City Council approves amendments to the bill before enactment by the
General Court. The City council hereby authorizes the Mayor to approve amendments, which
shall be within the scope bf the general public objectives of this petition:
AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY
KNOWN AS THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
Section 1. Section 4-6 of said charter shall be deleted in its entirety and inserting in place thereof
the following: "If a vacancy shall occur, by failure to elect or otherwise, in the office of school
committeeperson during the first eighteen (18)months of the term for which school
committeepersons are elected, no special election shall be held. The City Clerk shall notify the
school committee forthwith of such vacancy. When a vacancy shall occur during the first
eighteen (18) months of the term of office of an existing school committee member, a notice of
vacancy will be posted for ten(10)days seeking applications for the vacant position. All
applications will be reviewed by the remaining school committee members. Subsequent
interviews will be conducted by the remaining members of the school committee. Upon
completion of the interview process, the remaining members of the school committee will
conduct a special meeting to vote for a suitable replacement from the pool of candidates
interviewed. The school committee chair/designee will preside over the selection process.
If a vacancy shall occur after the eighteen (18) calendar months of the term for which the school
committeepersons are elected, the preceding shall not apply. The person elected at the next
regular town election following the creation of the vacancy, who receives the highest number of
votes for school committeeperson and who is not then an incumbent member of the school
committee, shall immediately be sworn and shall, in addition to the term for which the person
was elected, serve for the balance of the then unexpired vacant term.
Section 2. This act shall be submitted for acceptance to the qualified voters of the Town of
Agawam at the 2017 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2016, entitled An Act Relative to the
Leadership and Governance of the City Known as the Town of Agawam be accepted?"
Below the question shall appear a fair and concise summary of the proposed charter amendments
as prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, Section 1 shall be
applicable in the Town of Agawam and the Charter shall be amended as set forth herein, but not
otherwise.
Section 3. The city solicitor shall prepare the summary required under Section 7 not later than
sixty(60)days before the election under Section 58A of Chapter 54 of the General Laws.
Section 4. This act shall take effect upon passage.
William P. Sapelli, C.A.G.S., Superintendent Date
SCHOOL COMMITTEE ACTION
yeas nays absent abstention
Dated this day of
Richard A. Cohen, Mayor/Chairperson
Agawam School Committee
r
AMENDED SCR-16-18
RESOLUTION
REQUEST TO CHANGE THE PROCESS TO FILL A VACANCY ON THE SCHOOL
COMMITTEE
(Amendment sponsored by A. Bonavita)
WHEREAS,Massachusetts state law provides for cities and towns to make changes in the
organizational structure of local government by petitioning for enactment of special municipal
legislation, and
WHEREAS,the ability to petition for special municipal legislation remains available and has
been used to change the form of local government in approximately 35 communities,and
WHEREAS,the special municipal legislation would be subject to voter ratification at the next
regular city election after approval by the Commonwealth, and
WHEREAS, section eight of the Home Rule Amendment allows communities to petition the
state legislature to revise their charter following approval by the communities legislative body,
and
WHEREAS, said legislation would change the process to fill a vacancy for an elected position
for School Committee.
NOW,THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY
COUNCIL to petition the General Court, to the end, that legislation be adopted precisely as
follows. The General Court may make clerical or editorial changes of form only to the bill,
unless the Agawam City Council approves amendments to the bill before enactment by the
General Court. The City council hereby authorizes the Mayor to approve amendments,which
shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY
KNOWN AS THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
Section 1. Section 4-6 of said charter shall be deleted in its entirety and inserting in place thereof
the following: "If a vacancy shall occur,by failure to elect or otherwise,in the office of school
committeeperson during the first eighteen (18)months of the term for which school
committeepersons are elected,no special election shall be held. The City Clerk shall notify the
school committee forthwith of such vacancy. When a vacancy shall occur during the first
eighteen (18) months of the terra of office of an existing school committee member,the vacancy
will be filled by the person who finished seventh (71 ) in the last election if that person received
within 200 votes of the person who finished sixth (6"), and if the person who finished seventh
(r)did not receive within 200 votes of the person who finished sixth (6h),or if there is not
seventh CM) person,the School Committee may fill the vacancy as follows:
When a vacancy shall occur during the first eighteen (18)months of the term of office of an
• existing school committee member, a notice of vacancy will be posted for ten (10)days seeking
applications for the vacant position. All applications will be reviewed by the remaining school
committee members. Subsequent interviews will be conducted by the remaining members of the
school committee. Upon completion of the interview process,the remaining members of the
school committee will conduct a special meeting to vote for a suitable replacement from the pool
of candidates interviewed. The school committee chair/designee will preside over the selection
process.
If a vacancy shall occur after the eighteen(18)calendar months of the term for which the school
committeepersons are elected,the preceding shall not apply. The person elected at the next
regular town election following the creation of the vacancy, who receives the highest number of
votes for school committeeperson and who is not then an incumbent member of the school
committee, shall immediately be sworn and shall,in addition to the term for which the person
was elected, serve for the balance of the then unexpired vacant term.
Section 2. This act shall be submitted for acceptance to the qualified voters of the Town of
Agawam at the 2017 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2016,entitled An Act Relative to the
Leadership and Governance of the City Known as the Town of Agawam be accepted?"
Below the question shall appear a fair and concise summary of the proposed charter amendments
as prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative,Section 1 shall be
applicable in the Town of Agawam and the Charter shall be amended as set forth herein,but not
otherwise.
Section 3. The city solicitor shall prepare the summary required under Section 7 not later than
sixty(60)days before the election under Section 58A of Chapter 54 of the General Laws.
Section 4. This act shall take effect upon passage.
' a /s'-/l
William P. Sapelli, C.A.G.S., Sdperintendent Date
SCHOOL CONE IITTEE ACTION
~ yea 4 nay absent abstention
Dated this___,� day of 12016.
Richard A. Cohen,Mayor/Chairperson Agawam School Committee
SCR-l 6-18
RESOLUTION
REQUEST TO CHANGE THE PROCESS TO FILL A VACANCY ON THE SCHOOL
COMMITTEE
(Sponsored by A. Bonavita, B. Burbank, D. 3uzba, C. Mineo, S. Reed, & W. Rua)
WHEREAS, Massachusetts state law provides for cities and towns to make changes in the
organizational structure of local government by petitioning for enactment of special municipal
legislation, and
WHEREAS, the ability to petition for special municipal legislation remains available and has
been used to change the form of local government in approximately 35 communities, and
WHEREAS, the special municipal legislation would be subject to voter ratification at the next
regular city election after approval by the Commonwealth, and
WHEREAS, section eight of the Home Rule Amendment allows communities to petition the
state legislature to revise their charter following approval by the communities legislative body,
and
WHEREAS, said legislation would change the process to fill a vacancy for an elected position
for School Committee.
NOW,THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY
COUNCIL to petition the General Court,to the end,that legislation be adopted precisely as
follows. The General Court may make clerical or editorial changes of form only to the bill,
unless the Agawam City Council approves amendments to the bill before enactment by the
General Court. The City council hereby authorizes the Mayor to approve amendments, which
shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY
KNOWN AS THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
Section 1. Section 4-6 of said charter shall be deleted in its entirety and inserting in place thereof
the following: "If a vacancy shall occur, by failure to elect or otherwise, in the office of school
committeeperson during the first eighteen (18) months of the term for which school
committeepersons are elected, no special election shall be held. The City Clerk shall notify the
school committee forthwith of such vacancy. When a vacancy shall occur during the first
eighteen (18) months of the term of office of an existing school committee member, a notice of
vacancy will be posted for ten (10)days seeking applications for the vacant position. All
applications will be reviewed by the remaining school committee members. Subsequent
interviews will be conducted by the remaining members of the school committee. Upon
completion of the interview process, the remaining members of the school committee will
conduct a special meeting to vote for a suitable replacement from the pool of candidates
interviewed. The school committee chair/designee will preside over the selection process.
If a vacancy shall occur after the eighteen(18)calendar months of the term for which the school
committeepersons are elected,the preceding shall not apply. The person elected at the next
regular town election following the creation of the vacancy, who receives the highest number of
votes for school committeeperson and who is not then an incumbent member of the school
committee, shall immediately be sworn and shall, in addition to the term for which the person
was elected, serve for the balance of the then unexpired vacant term.
Section 2. This act shall be submitted for acceptance to the qualified voters of the Town of
Agawam at the 2017 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2016, entitled An Act Relative to the
Leadership and Governance of the City Known as the Town of Agawam be accepted?"
Below the question shall appear a fair and concise summary of the proposed charter amendments
as prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, Section 1 shall be
applicable in the Town of Agawam and the Charter shall be amended as set forth herein, but not
otherwise.
Section 3. The city solicitor shall prepare the summary required under Section 7 not later than
sixty(60) days before the election under Section 58A of Chapter 54 of the General Laws.
Section 4. This act shall take effect upon passage.
William P. Sapelli, C.A.G.S., Superintendent Date
SCHOOL COMMITTEE ACTION
yeas nays absent abstention
Dated this day of , 2016.
Richard A. Cohen, Mayor/Chairperson
Agawam School Committee
barbara bard
From: barbara bard
Sent: Thursday, May 05, 2016 1:06 PM
To: Mayor Richard Cohen; Nadine Porfilio;William Sapelli
(wsapelli@agawampublicschools.org); aferioli@agawampublicschools.org
Cc: All-School Committee; 'Greg Scibelli'; 'laura.newberry@masslive.com
'David.Ward@weseternmassnews.com'; 'reportit@wwlp.com'; 'Agawam Catalyst;Conor
Berry; 'Anthony Suffriti'; 'Anthony Suffriti (asuffriti@agawam.ma.us)'; 'Cecilia Calabrese';
'Cecilia Calabrese(ccalabrese@agawam.ma.us); 'Chris Johnson'; 'Chris Johnson
(cjohnson@agawam.ma.us)'; 'Don Rheault'; 'Donald M. Rheault
(drheault@agawam.ma.us); 'George Bitzas'; 'George Bitzas; 'George Bitzas
(gbitzas@agawam.ma.us)'; 'Gina M. Letellier(ginalet@verizon.net)'; 'Gina M. Letellier
(gletellier@agawam.ma.us)'; 'James Cichetti'; 'jcichetti@agawam.ma.us'; 'Joseph Mineo
Omineo@agawam.ma.us); 'Joseph Mineo Omineo@futureworksjobs.org)'; 'Paul Cavallo';
'Paul Cavallo (pcavallo@agawam.ma.us)'; 'Richard The roux; 'Richard Theroux'; 'Robert E.
Rossi'; 'Robert Rossi (rrossi@agawam.ma.us)'
Subject: School Committee vacancy
Attachments: memo from George.doc; info for George.pdf
Good Afternoon!
Please see the attached from Councilor Bitzas.
Make it a great day!
Iqa9&M
Barbara A. Bard
Administrative Assistant
Agawam City Council
36 Main Street
Agawam,MA.01001
(413)726-9716
(413)726-9717 fax
bbard@agawam.ma.us
1
INTEROFFICE MEMORANDUM
TO: SCHOOL COMMITTEE CHAIR RICHARD COHEN
FROM: COUNCILOR GEORGE BITZAS
SUBJECT: FILLING SCHOOL COMMITTEE VACANCY
DATE: MAY 5, 201 G
Unfortunately, I will be out of the state during your May 10' School Committee
meeting where you will discuss the legislation for the filling of a School
Committee vacancy. As I spoke at the May 2nd City Council meeting, I strongly
support keeping the language the same as when I originally sponsored similar
legislation in 2000. I have attached a copy of TR-2000-58 for your convenience.
I believe in this way it takes the politics out of the equation.
At the joint City Council/School Committee meeting, we did the right thing by
electing Brian Burbank who had received over 2200 votes from the citizens of
Agawam and was the next in line for the School Committee. We should not
ignore the will of the voters of our town.
Thank you for your time.
E 45t6u f0/
a ae -tnn Cr..� .
C / 0 /
,TR-200048
A RESOLUTION TO FILE SPECIAL LEGISLATION WITH THE
COMMONWEALTH OF MASSACHUSETTS TO AMEND SECTION 2-6 OF TI#�
AGAWAM HOME RULE CHARTER REGARDING THE FILLING OF
VACANCIES IN THE OFFICE OF COUNCILOR IN THE CITY KNOWN AS
THE TOWN OF AGAWA VI
Sponsor: Councilor George Bit.-as
w
WHEREAS,The process for filling vacancies on the City Council as currently exists
in the Agawam Home Rule Charter is not for the best interest-of the Town of Agawam;
WHEREAS, Fairness dictates that the unsuccessful candidate receiving the most
number of votes in the last town election should be given the opportunity to serve the Town
of Agawam as a Councilor; -
WHEREAS,The filing of Special Legislation to amend the Agawam Home.Rule
Charter to make the process for filling vacancies on the Council more fair is in the best
interests of the Town of Agawam; and
-NOW THEREFORE,the Agawam Town Council hereby resolves to file Special
Legislation with the Massachusetts House of Representatives to amend the Agawam Home
Rule Charter by striking the current procedure for filling vacancies within the first eighteen
maths and replacing it with the following:
§ 2-6 Filling of Vacancies
If a vacancy shall occur, by failure to elect or otherwise, in the office of councilor
during the first eighteen (18) months of the term for which councilors are elected, no special
election shall be held. The City Clerk shall notify the-Council forthwith.of such vacancy. The
Council shall,within fifteen(15)days of such notification,choose as councilor for the vacancy,
whichever of the defeated candidates for the office of council at the regular municipal election
at which councilors were last elected,who is eligible and willing to serve,and who received the
highest number of votes at such election. If the defeated candidate who received the highest
number of votes is ineligible or unwilling to serve, the Council shall choose the defeated
candidate with -the next highest number of votes, as so on, until such vacancy is filled,
provided such person remains eligible and willing to serve and provided such person received
votes at least equal to thirty percent of the vote total received by the person receiving the
largest number of votes for the office of councillor at said election. If there Is a tie in the
election the City Clerk shall conduct an automatic recount of the election. If the recount does
not break the tie a toss of the coin shall determine the outcome. The Clerk will then list the
order of the candidates. If no defeated candidate is eligible and willing to serve,the Council
shall by majority vote of the full council select a registered voter of the Town of Agawam to
fill such vacancy.
If the foregoing special legislation is approved by the General Court of the
Commonwealth of Massachusetts and signed into law by the Governor,it shall be subject to
referendum approval by the voters of the Town of Agawam at the next regular municipal
election and shall take effect with the next term for the position of Councilor in the Town of
Agawam.
BALLOTQUESTION.
Shall the City amend the Agawam Home Rule Charter, Section 2-6,Filling of
acancies,allowing the Council to fill a Council vacancy with the next highest vote getter from
the regular municipal election?
Yes 8No .
Absent 3
DATED THIS DAY OF, � M_ ___ ,2001.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Gh , . Lee ier,Pr e
APPROVED AS TO FORM AND LEGALITY
: Thom cke,Solicitor
NL4YOR4I. ACILD&
Received this NIA day of - __ 2001 from Town Council Clerk.
(Signed by Council President February 22, 2001)
AZPROVgj,_OF LE SLAIJON
By the powers vested is me pursuant to Article 3, Section 3-6 of the Agawam Charter,as
amended, I hereby approve the passage of the above legisMon on this 22nd day of
Februar9 2001.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEaGISLAMN
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Chair, as
amended, I hereby veto the passage of the above legislation on this day of
2001 for the following reason(s):
Richard A. Cohen,Mayor
R-E3=N OF L Q= '�QN TO COUECM CLERK
Returned to Council Clerk this 22ad day o f February -2001.
'::RBO.J ,AR NIEETIINQ OE IM AGANAM CITY COUNCIL Fehniary 1.4 2001
;that tiebreaker and I think Councilor Bonavita and his group came up with a pretty same
one and I was certainly hoping that we would be able to vote on it before we took any
:'action on this. But I'll go along with whatever the good judgment of my colleagues are.
Acting President Young- Councilor Mineo. .
Councilor Mineo - I just like to say I support it. I have been for the 12th person
from the very beginning and I like to let our voters decide on this and again I am in
support of it, thank you.
Acting President Young- Any other discussion? O.k. Ursula, seeing none Ursula
could you please cell the roll. A yes vote you will approve the resolution, a no you do not
approve,Ursula.
ROLL'%CALL`=`8 YES,'. A13SENT'(C6ti�.-Letellief,'Negucci;"Simpson):..:
Acting President Young- 8 yes and 3 absent you have approved TR 2000-58.
Pjblic Wang Certain Streets Within the Town of Ag&wg4St. Accen ante
Comm.l(Tabled nn 1116101).
Acting President Young-Councilor Magovern.
Councilor Magovern-I make a motion that you take TR 2000-59 off the table;
seconded by Councilor Mineo,
Acting President Young-Motion made by Councilor Magovern to take
TR 2000-59 off the table, seconded by Councilor Bitzas and Mineo.All those in favor say
aye.
VOICE VOTE -Unanimous.
Acting President Young-Those opposed? OX TR-2000-59 is off the table. What
is the council's pleasure?
Councilor Bonavita-I suggest we move the question unless somebody has an
overbearing reason to discuss it.
Councilor Magovern-Make a motion.
Acting President Young-Motion has been moved by Councilor Bonavita,
seconded by Councilor Magovern. I believe that calls, we go with a roll call vote on that.
Ursula.
56
'r
Town of Agawam
Town Election
November 6 2001
PRECINTS TOTAL RANK
2 3 4 5 6 7
``"'_'•'.-ii. .. 384 39$ 413 354 358 492 313 2712 2
.....
..;Riphard,A.Cahea . '508 677 513 635 876 875 685 4769 1
.CITY COUNCIL
Joseph coMin i 476 637 515 563 787 809 665 4452 4
:.Mary S.Leahy 408 521 412 413 544 614 495 3397 12
Gina M.Letellier 616 622 593 624 778 878 574 4685 3
;.Richard C.Morassi . 646 703 609 633 765 838 632 4826 2
h.`-,
Lowell P.Mclane 395 511 391 428 583 651 471 3,430 11
Jill Simpson 470 593 431 521 674 710 565 3964 10
Dennis J.Perry '536 623 499 515 705 743 515 4136 9
'• Georgt Bitzas, , 539 639 495 573 761 946 591 4444 5
Joseph E.Campbell, 316 369 304 352 426 543 317 2627 14
�.',Ruth Carr Bitzas 521 576 491 540 701 790 526 4145 8
'.Robert M.Young 508 620 498 578 705 789 574 4272 6
'-Christian M.Quatrone 361 506 391 415 529 575 429 3206 13
.1phn J.Negrucci 552 594 539 543 672 750 512 4162 7
-.Anthony C.Bonavita .583 717 610 663 828 914 641 4956 1
SCHOOL COMMITTEE
,Rosemary Sandlin' 590 631 593 60b 75D 808 605 4583 1
, .. . .. , .
'.•,Diane M.Juzba., 360 436 354 314 423 563 433 2993 10
Susan.R Dawson , 376 426 348 434 556 566 417 3123 6
Deborah A.Struck 320 451 343 365 517 581 387 2964 8
'.;Susan A.Petta=oni 453 527 440 475 545 606 514 3560 4
Linda M.Galarneau . 441. 435 400 468 595 *611 441 3391 5 f
i
z PRECINCTS
2 3 4 5 6 7 TOTAL RANK
ti: •:.:Magarct M.Servis . . 350 465 368 375 448 588 434 3028 7
> Roberta,p..Doerjng 477 542 444 547 722 668 482 3882 2
S�isan,G.,i ongton 364 500 335 336 467 540 372 2914 9
i
M.Kozloski 436 536 474 569 640 691 514 3860 3 . ...
:QUESTIONS
:'>�.#.1,Fillitig wacsiicies:ozi;counc#l.:<�' .
S; •. 'i78'.':; :798z 438. `SLB: :b 8' :;` 4:::..:.:,.
:;; ,:52 ,:., ::4264,.
#2.Community Preservation Act
YES, 381 561 275 331 397 550 353 2848
NO ., 260 327 214 214 259 331 231 1836
*TOTAL VOTERS 906 1094 945 1010 1250 1388 1015 7608
Total Registered Voters: 17,572
43%o.Percent Tamoot
.,ja
TR-201 G-26
A RESOLUTION REQUESTING THE AGAWAM CII'Y COUNCIL PETITION FOR
THE ENACTMENT OF SPECIAL MUNICIPAL LEGISLATION CHANGING THE
PROCESS TO FILL A VACANCY ON THE SCHOOL COMMITTEE
( Sponsored by Mayor Richard A. Cohen, Councilors: George Bitzas, James P.Cichetti,
Richard M. Theroux
WHEREAS, Massachusetts state law provides for cities and towns to make changes in
the organizational structure of local government by petitioning for enactment of special
municipal legislation; and
WHEREAS, the ability to petition for special municipal legislation remains available
and has been used to change the form of local government in approximately 35 communities;
and
WHEREAS, the special municipal legislation would be subject to voter ratification at the
next regular city election after approval by the Commonwealth; and
WHEREAS, section eight of the Home Rule Amendment allows communities to petition
the state legislature, to revise their charter, following approval by the communities legislative
body; and
WHEREAS, said legislation would change the process to fill a vacancy for an elected
position for School Committee and to make the same as the process to fill a vacancy on the City
Council.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM
CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely
as follows. The General Court may make clerical or editorial changes of form only to the bill,
unless the Agawam City Council approves amendments to the bill before enactment by the
General Court. The City Council hereby authorizes the Mayor to approve amendments which
shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO THE LEADERSHIP AND GOVERNANCE OF THE CITY
KNOWN AS THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
SECTION I. Section 4-6 of said charter shall be deleted in its entirety and inserting in place
thereof the following:- If a vacancy shall occur, by failure to elect or otherwise, in the office•of
school committeeperson during the first eighteen (18) months of the term for which school
committeepersons are elected, no special election shall be held. The City Clerk shall notify the
school committee forthwith of such vacancy. The school committee shall, within fifteen (15)
days of such notification, choose as school committeeperson for the vacancy, whichever of the
defeated candidates for the office of school committeeperson at the regular municipal election at
which school committeepersons were last elected, who is eligible and willing to serve, and who
received the highest number of votes at such election. If the defeated candidate who received the
highest number of votes is ineligible or unwilling to serve, the school committee shall choose the
defeated candidate with the next highest number of votes,as so on, until such vacancy is filled,
provided such person remains eligible and willing to serve and provided such person received
votes at least equal to thirty percent of the vote received by the person receiving the largest
number of votes for the office of school committee at said election. If there is a tie in the election
the City Clerk shall conduct an automatic recount of the election. If the recount does not break
the tie a toss of the coin shall determine the outcome. The Clerk will then list the order of the
candidates. If no defeated candidate is eligible and willing to serve, the school committee shall
by majority vote of the full committee select a registered voter of the Town of Agawam to fill
such vacancy.
If such vacancy shall occur after the eighteen (18) calendar months of the term for which the
school committeepersons are elected, the preceding shall not apply. The person elected at the
next regular town election following the creation of the vacancy who receives the highest
number of votes for school committeeperson and who is not then an incumbent member of the
school committee shall immediately be sworn and shall, in addition to the term for which the
person was elected, serve for the balance of the then unexpired vacant term.
SECTION 2. This act shall be submitted for acceptance to the qualified voters of the town of
Agawam at the 2017 regular election in the form of the following question:
"Shall an act passed by the General Court in the year 2016, entitled `An Act Relative to the
Leadership and Governance of the city known as the Town of Agawam' be accepted?"
Below the question shall appear a fair and concise summary of the proposed charter amendments
prepared by the city solicitor.
If a majority of votes cast in answer to this question is in the affirmative, section I shall be
applicable in the town of Agawam and the charter shall be amended as set forth herein, but not
otherwise.
SECTION 3. The city solicitor shall prepare the summary required under section 7 not later than
sixty (60) days before the election under section 58A of chapter 54 of the General Laws.
SECTION 4. This act shall take effect upon passage.
J
Dated this day of , 2016
PER ORDER OF THE AGWAM CITY COUNCIL
James P. Cichetti, President
APPRO ED A TO FORM AND LEGALITY
Patrick M. Toney, City Solicitor