Charter Review Process Northampton MA

Northamptons 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 MEMBERS Councilor Jesse M. Adams, Colleen Currie, Councilor Marianne L. LaBarge, Councilor David A. Murphy, Alan Seewald, Margaret Striebel, and Marc Warner

Northamptons Special Act Charter Drafting Committee Timeline mid-October 2011- mid-January 2012 Introduction of Committee Members Charter Overview- Creating a Document for the 21st Century

Public Forum Tuesday, November 15, 2011

Received Public Comment for Proposed Changes to the City Charter on the following topics: 1. Should the City Council/School Committee structure change? Should there be more or less Ward Councilors, At-Large Councilors, School Committee members or At-Large School Committee members? Should the Mayor, City Council/School Committee be elected for 2-year or 4-year terms? Should the Mayor, City Council/ School Committee have term limits (i.e., no more than two 4year terms)? Should Mayor, City Council/School Committee compensation and /or benefits increase or decrease? Should the Mayor preside over City Council/School Committee meetings? Should the City Clerk be elected or appointed?

2.

3. 4. 5.

Public Forum Tuesday, December 6, 2011

Continued from November 15, 2011

6:00 p.m. 9:00 p.m. in City Council Chambers, 212 Main Street, Wallace J. Puchalski Municipal Building, Northampton, MA Requesting Public Comment for Proposed Changes to the City Charter including, but not limited to: 1. Powers of the Executive Branch Communications; Special Meetings Approval of Mayor, Veto Temporary Absence of the Mayor Delegation of Authority by Mayor Vacancy in Office of Mayor 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. Elections and Citizen Relief Mechanisms Nomination and election procedures including Signature Requirements, and Preliminary and Instant Run-off Elections Procedures for free petition, initiative petition, referendum and recall provisions. 4. Other Articles and General Comments not discussed above or at November 15, 2011 Public Forum 5. NEW BUSINESS Reserved for topics that the Chair did not reasonably anticipate would be discussed.

Please visit http://www.northamptonma.gov/citycouncil/ Special_Act_Charter_Drafting_Committee/ for more information. To submit questions and/or comments regarding the Charter, please email mmidura@northamptonma.gov or deliver or mail written comments to Mary L. Midura, Executive Secretary, City Council office, 210 Main Street, Room 16, Northampton, MA 01060.

Target Date to Submit Report to City Council is January 13, 2012

Please visit http://www.northamptonma.gov/citycouncil/ Special_Act_Charter_Drafting_Committee/ for more information.

Future Meetings December 14th 6-8pm 2nd floor City Hall January 9th 5-8pm 2nd floor City Hall January 10th 5-8pm 2nd floor City Hall January 11th 5-8pm 2nd floor City Hall January 12th 5-8pm 2nd floor City Hall January 17th 5-8pm 2nd floor City Hall January 18th- Presentation to City Council (document submitted by January 13th)

Section 3-7: Temporary Absence of the Mayor

Acting Mayor- 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. Powers of Acting Mayor - 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 Mayor

(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 mayors 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 Mayor
Counselor at large

West Springfield 27,459 100* 100* 50 100*

Gloucester 30,243 300 150 75 150

50 50 50 50

Ward counselor School committee

* Maximum of 25 from any one ward

More signatures discourages frivolous candidates but its also a pain for serious candidates What is the op=mal number? Are minimum or maximum signatures by ward appropriate? Is Northampton testament reasonable: We further state that we believe him to be of good moral character and qualied to perform the du=es of the oce.

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 Is a preliminary election worth the costs? Is there a better way to handle multiple candidates?

Nominations and elections

3. Instant Runoff Votingan alternative to preliminary elections

One election (no preliminary) Voters rank the candidates If 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.

Nominations and elections

3. Instant Runoff Votingcontinued

Strengths of IRV Avoids expense of a preliminary or runo elec=on Assures that winning candidates get a majority of the votes Prevents a minor candidate from becoming a spoiler Weaknesses of IRV Its new and poten=ally confusing for some people Northampton might have some expense adjus=ng vo=ng machines IRV does have precedence Used in Portland Maine, San Francisco, Oakland, Minneapolis and St. Paul. Cambridge has a variant. Also used for Australian House of Representa=ves and the for the presidency in India and Ireland, among others. Is it worth further considera9on in Northampton?

AVAILABLE PROCEDURES FOR CITIZEN ACCESS TO LOCAL GOVERNMENT

1. FREE PETITION: 100 Citizens request action by City Council or School
Committee ISSUES:
Should we add this provision to our charter? (Few charters include it) If we add the provision, is the signature threshold (100 citizens) appropriate? PROS: Very easy access to elected officials. CONS: If overused, it can disrupt the normal flow of Council or School Committee business.

2. INITIATIVE PETITION: A request to City Council or School Committee for a

particular action. Needed only when no City Councilor or School Committee member agrees to bring the issue before the Council or Committee in the normal course. Current Charter includes this petition. There are requirements for the number of people needed to sign the petition, the actions the Council or School Committee must take and a requirement for an election on the petition. The proposed Charter would modernize the process but maintain the concept. ISSUES:
Should we retain this provision? A significant majority of MA communities include it in their charters/ it is rarely used). PROS: Provides access to elected officials, Includes safeguards against misuse or overuse CONS: None of significance

AVAILABLE PROCEDURES FOR CITIZEN ACCESS TO LOCAL GOVERNMENT

3. REFERENDUM PETITION: A petition to repeal a measure enacted by the Council or School Committee. The current Charter has a referendum provision. Petition must be signed by 12% of Registered Voters. The referendum issue appears on a ballot at a regular or special municipal election.
ISSUE: Should we retain this provision (Most MA city charters include the referendum and it is rarely used)? PROS: Commonly appears in city charters CONS: None of significance

4. RECALL PETITION: Procedure to remove an elected official before end of term.

ISSUES: Should we add a recall provision to our charter? (8 Massachusetts cities and 130 towns have a recall provision. It is not used often in cities). PROS: It offers a way to remove an elected official from office. It may have greater significance where terms are longer. CONS: It offers a way to remove an elected official from office. Its 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 Council is January 13, 2012

Please visit http://www.northamptonma.gov/citycouncil/ Special_Act_Charter_Drafting_Committee/ for more information.

Future Meetings December 14th 6-8pm 2nd floor City Hall January 9th 5-8pm 2nd floor City Hall January 10th 5-8pm 2nd floor City Hall January 11th 5-8pm 2nd floor City Hall January 12th 5-8pm 2nd floor City Hall January 17th 5-8pm 2nd floor City Hall January 18th- Presentation to City Council (document submitted by January 13th)

Input Sought
To submit comments regarding the Charter, please email mmidura@northamptonma.gov or deliver or mail written comments to Mary L. Midura, Executive Secretary, City Council office, 210 Main Street, Room 16, Northampton, MA 01060