An Act amending the charter of the city of Greenfield

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Bill H.4379

SECTION 1. Section 2-10 of article 2 of the charter of the city of Greenfield, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:

(c) If the Council meets within the 30 days and fails to reject as provided by this Section, those unrejected appointments shall be considered affirmed by the Council, the 35-day presumptive approval process considered satisfied, and those appointees will thereby be allowed to be immediately administered the oath of office without having to wait for the 35-day period to expire.

SECTION 2. Section 3-8 of article 3 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Acting Mayor. The Mayor shall, by a letter filed with the City Council and a copy filed with the City Clerk, designate a qualified City officer or City employee to exercise the powers and perform the duties of the office during the temporary absence of the Mayor for periods of less than fifteen (15) business days and to serve only when the needs of the City require and only to the extent necessary under the then circumstances.

Whenever, by reason of sickness, absence from the City or other cause, the Mayor shall be unable to perform the duties of the office for a period of fifteen (15) successive business days, or more, the president of the City Council shall be the acting Mayor. In the event of the absence or disability of the President of the City Council, the Vice-president of the City Council shall serve as acting Mayor; and the Mayor’s qualified City officer or City employee designee shall assist the acting Mayor in their duties of the office during the absence or disability of the Mayor.

SECTION 3.

Article 5 of said charter is hereby amended by striking out section 5-3 and inserting in place thereof the following section:-

SECTION 5-3: Submission of budget and budget message.

Not later than April 22 annually, the Mayor shall submit to the City Council a proposed operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The Mayor shall simultaneously provide for the publication in a local newspaper of a notice and a general summary of the proposed budget. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which complete copies of the proposed operating budget for the City are available for examination by the public.

SECTION 4. Section 5-6 of said article of said charter is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Action by City Council. The City Council shall adopt the budget, with or without amendments, by June 30. In amending the budget, the City Council may increase or decrease amounts and expenditures as allowed under Section 32 of Chapter 44 of the General Laws. If the City Council fails to take any action with respect to any item in the proposed budget by June 30, such amount shall, without any action by the City Council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified.

SECTION 5. Section 5-10 of said article of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) The Mayor shall submit a capital improvement program to the City Council no later than March 1 annually. The capital improvement program shall be based on material prepared by the Capital Improvement Program Committee established by ordinance. [1]

It shall include:

1. A clear and concise general summary of its contents;

2. A list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need for each capital improvement; cost estimates, methods of financing and recommended time schedules for each improvement; and,

3. The estimated annual cost of operating and maintaining each facility and piece of major equipment involved.

[1] Editor's Note: See Ch. 110, Capital Improvements Planning Committee.

SECTION 6. Section 6-11 of article 6 of said charter is hereby amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h) No member of the commission shall be an employee of the police department or fire department, nor shall any member of the commission member’s family be an employee or retired member of the police or fire department within 36 months of the commission member’s retirement date.

"Family member" shall mean parent, spouse, child, stepchild, grandchild, sibling, sibling-in-law, sibling’s child and grandparent.

SECTION 7. Section 6-11 of said article of said charter is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) The commission shall review written complaints made by the public concerning the operation and conduct of employees of both public safety departments.

All written complaints received shall be forwarded to the chief of the department to which they relate and the chief shall investigate or cause to be investigated said complaints and submit the chief’s findings and recommendations, in connection therewith, that the chief deems appropriate.

The commission shall adopt such rules and regulations, consistent with this ordinance, the civil service statute and police and fire collective bargaining agreements, as it deems necessary to establish procedures to be followed in filing of written complaints by the public, investigating complaints and holding hearings concerning complaints made to it regarding the operation of the police or fire department and the conduct and officers and employees of each department. Citizen complaints shall be considered part of the employee's personnel file.

The commission shall apply the principle of progressive discipline, except in instances where more severe punishment is warranted.

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