Charter Review Process

Northampton MA
Northampton's Charter Review Committee 2010
http://www.northamptonma.gov/charter/
"At least once in every 10 years, in every year ending in a zero, the City Council shall conduct a
comprehensive review of the City Charter via a special Charter Review Committee comprised of
three Councilors and four residents to be appointed by the City Council President. Within one year
following the appointment of its members, said Committee shall file a written report to the City
Council outlining its review and recommending any changes to the City Charter that it deems
necessary or desirable for the effective function of government in the City of Northampton."
Chapter 22b(4), Code of Ordinances
RS
Councilor Jesse M. Adams, Colleen Currie, Councilor Marianne L. LaBarge, Councilor David A.
Murphy, Alan Seewald, Margaret Striebel, and Marc Warner
Northampton's SpeciaI Act Charter Drafting Committee
TimeIine mid-October 2011- mid-January 2012
Introduction of Committee embers
Charter Overview- Creating a Document for the 21
st
Century
!ubIic Forum
Tuesday, November 15, 2011
Received !ubIic Comment for !roposed Changes to the City
Charter - on the foIIowing topics:
1. ShouId the City CounciI/SchooI Committee structure
change? ShouId there be more or Iess Ward CounciIors, At-
Large CounciIors, SchooI Committee members or At-Large
SchooI Committee members?
2. ShouId the ayor, City CounciI/SchooI Committee be eIected
for 2-year or 4-year terms? ShouId the ayor, City
CounciI/SchooI Committee have term Iimits (i.e., no more
than two 4-year terms)?
3. ShouId ayor, City CounciI/SchooI Committee compensation
and /or benefits increase or decrease?
4. ShouId the ayor preside over City CounciI/SchooI
Committee meetings?
5. ShouId the City CIerk be eIected or appointed?
!ubIic Forum
Tuesday, December 6, 2011
Continued from November 15, 2011
6:00 p.m. - 9:00 p.m. in City CounciI Chambers, 212 ain Street,
WaIIace J. !uchaIski unicipaI uiIding, Northampton, A
Requesting !ubIic Comment for !roposed Changes to the City Charter - incIuding, but not Iimited to:
1. !owers of the ecutive ranch
Communications; Special Meetings
Approval of Mayor, Veto
Temporary Absence of the ayor
Delegation of Authority by Mayor
Vacancy in Office of ayor
2. Administrative Organization and Financial Procedures
Methods of establishing and modifying the administrative organization including boards and
commissions.
Budgeting, financial forecasting, capital planning and other financial procedures.
3. Iections and Citizen ReIief echanisms
Nomination and eIection procedures incIuding Signature Requirements, and !reIiminary and
Instant Run-off Iections
!rocedures for free petition, initiative petition, referendum and recaII provisions.
4. Other ArticIes and GeneraI Comments not discussed above or at November 15, 2011 !ubIic Forum
5. NW &SINSS - Reserved for topics that the Chair did not reasonably anticipate would be
discussed.
Please visit
http://www.northamptonma.gov/citycouncil/SpecialActCharterDraItingCommi
ttee/ Ior more inIormation.
To submit questions and/or comments regarding the Charter, please email
mmiduranorthamptonma.gov or deliver or mail written comments to Mary L.
Midura, Executive Secretary, City Council oIIice, 210 Main Street, Room 16,
Northampton, MA 01060.
Target Date to Submit Report to
City CounciI is January 13, 2012
!Iease visit
http://www.northamptonma.gov/citycounciI/SpeciaI_Act_Charter_Draft
ing_Committee/ for more information.
Future Meetings
December 14
th
6-8pm 2
nd
floor City Hall
January 9
th
5-8pm 2
nd
floor City Hall
January 10
th
5-8pm 2
nd
floor City Hall
January 11
th
5-8pm 2
nd
floor City Hall
January 12
th
5-8pm 2
nd
floor City Hall
January 17
th
5-8pm 2
nd
floor City Hall
January 18
th
- Presentation to City Council (document submitted by January 13
th
)
Section 3-7: Temporary Absence
of the Mayor
Acting ayor- Whenever by reason of sickness, absence from the city or other
causes, the mayor shall be unable to perform the duties of the office the
president of the city council shall be acting mayor.
!owers of Acting ayor - The acting mayor shall have only those powers
of the mayor as are indispensably essential to the conduct of the business
of the city in an orderly and efficient manner and on which action may
not be delayed. The acting mayor shall have no authority to make any
permanent appointment or removal from city service unless the disability
or absence of the mayor shall extend beyond sixty days nor shall an acting
mayor approve or disapprove of any measure adopted by the city council
unless the time within which the mayor must act would expire before the
return of the mayor. During any period in which any member of the city
council is serving as acting mayor, such councilor shall not vote as a member
of the city council.
Temporary Absence of the ayor
(a) Acting Mayor:
*Should the council president be unable to assume this
role, who would be next in line?
*Would the council president make that decision?
*Would the City Council choose who would be next in
line?
(b) Powers of acting Mayor:
During their time as acting Mayor should they keep their
vote on the City Council?
Without the acting mayor's council vote , who would
provide the tie breaker if a measure came before the
council and the vote was 4 to 4?
Nominations and elections
1. Signature requirements
Northampton now
28,549
West SpringfieId
27,459
GIoucester
30,243
Mayor 50 100* 300
CounseIor at Iarge 50 100* 150
Ward counselor 50 50 75
School committee 50 100* 150
* Maxlmum of 23 from any one ward
More slgnaLures dlscourages frlvolous candldaLes
buL lL's also a paln for serlous candldaLes
WhaL ls Lhe opLlmal number?
Are mlnlmum or maxlmum slgnaLures by ward approprlaLe?
ls norLhampLon LesLamenL reasonable "We furLher sLaLe LhaL we
belleve hlm Lo be of good moral characLer and quallfled Lo
perform Lhe duLles of Lhe offlce
Nominations and elections
2. Preliminary elections
Charter now: hold a preliminary election if number of
candidates is more than twice the number to be elected
Sends a limited number of candidates to the general
election
This assures that the winning mayoral candidate
receives more than half the votes
Prevents a minor candidate from becoming a spoiler
but . . .
Adds expense of an added election
s a preliminary election worth the costs?
s there a better way to handle multiple candidates?
Nominations and elections
3. Instant Runoff Votingan alternative to
preliminary elections
f no candidate receives a majority, the candidate with the
lowest votes is removed, and the next choice on these
ballots get added to the remaining candidates.
Process continues until the winner gets a majority.
One election (no
preliminary)
Voters rank the
candidates
Nominations and elections
3. Instant Runoff Votingcontinued
5tteoqtbs of lkv
Avolds expense of a prellmlnary or runoff elecLlon
Assures LhaL wlnnlng candldaLes geL a ma[orlLy of Lhe voLes
revenLs a mlnor candldaLe from becomlng a spoller
Jeokoesses of lkv
lL's new and poLenLlally confuslng for some people
norLhampLon mlghL have some expense ad[usLlng voLlng machlnes
lkv Joes bove pteceJeoce
Dsed ln orLland Malne San lranclsco Cakland Mlnneapolls and
SL aul Cambrldge has a varlanL
Also used for AusLrallan Pouse of 8epresenLaLlves and Lhe for Lhe
presldency ln lndla and lreland among oLhers
ls lt wottb fottbet cooslJetotloo lo Nottbomptoo?
AVAILAL !ROCD&RS FOR
CITIZN ACCSS TO LOCAL GOVRNNT
1. FR !TITION: 100 Citizens' request action by City CounciI or SchooI
Committee
ISS&S:
Should we add this provision to our charter? (Few charters include it)
f we add the provision, is the signature threshold (100 citizens) appropriate?
!ROS: Very easy access to elected officials.
CONS: f overused, it can disrupt the normal flow of Council or School Committee business.
2. INITIATIV !TITION: A request to City CounciI or SchooI Committee for a
particuIar action. Needed onIy when no City CounciIor or SchooI Committee
member agrees to bring the issue before the CounciI or Committee in the normaI
course. Current Charter incIudes this petition. There are requirements for the
number of peopIe needed to sign the petition, the actions the CounciI or SchooI
Committee must take and a requirement for an eIection on the petition. The
proposed Charter wouId modernize the process but maintain the concept.
ISS&S:
Should we retain this provision? A significant majority of MA communities include it in their charters/
it is rarely used).
!ROS: Provides access to elected officials, ncludes safeguards against misuse or overuse
CONS: None of significance
AVAILAL !ROCD&RS FOR
CITIZN ACCSS TO LOCAL GOVRNNT
3. RFRND& !TITION: A petition to repeaI a measure enacted by the CounciI or
SchooI Committee. The current Charter has a referendum provision. !etition
must be signed by 12% of Registered Voters. The referendum issue appears on a
baIIot at a reguIar or speciaI municipaI eIection.
ISS&:
Should we retain this provision (Most MA city charters include the referendum and it is rarely used)?
!ROS: Commonly appears in city charters
CONS: None of significance
4. RCALL !TITION: Procedure to remove an elected official before end of term.
ISS&S:
Should we add a recall provision to our charter? (8 Massachusetts cities and 130 towns have a
recall provision. t is not used often in cities).
!ROS:
t offers a way to remove an elected official from office.
t may have greater significance where terms are longer.
CONS:
t offers a way to remove an elected official from office.
t's an extreme remedy and there are no standards for removal by recall.
The procedure can cause a high degree of civic unrest.
The recalled official can run again and be elected again
Other Comments
Comments on "other areas of the Charter
other than the 9 areas we have already
focused on.
Further reflections on any area of the
charter including areas already covered.
Scheduled to conclude at 9pm
Target Date to Submit Report to
City CounciI is January 13, 2012
!Iease visit
http://www.northamptonma.gov/citycounciI/SpeciaI_Act_Charter_Draft
ing_Committee/ for more information.
Future Meetings
December 14
th
6-8pm 2
nd
floor City Hall
January 9
th
5-8pm 2
nd
floor City Hall
January 10
th
5-8pm 2
nd
floor City Hall
January 11
th
5-8pm 2
nd
floor City Hall
January 12
th
5-8pm 2
nd
floor City Hall
January 17
th
5-8pm 2
nd
floor City Hall
January 18
th
- Presentation to City Council (document submitted by January 13
th
)
nput Sought
To submit comments regarding the Charter,
please email mmiduranorthamptonma.gov or
deliver or mail written comments to Mary L.
Midura, Executive Secretary, City Council
oIIice, 210 Main Street, Room 16,
Northampton, MA 01060