City of Medford LAW DEPARTMENT City Hall -Room 206 85 George P. Hassett Drive Medford, Massachusetts 02155 stom Season ‘Telephone (781) 393-2470 asa City Salter PAX; (781) 393-2410 © TDD: (781) 393-2516 March 3, 2016 ‘TO: President Frederick Dello Russo and Honorable Members ofthe Medford City Couneil FROM: Mark E, Rumley, City Solicitor RE: Couneil Resolution 16.072 Dear Mr. President and Honorable Members ofthe Medford City Counc In accordance wit the request ofthe City Coun s set forth inthe shove captioned Council Resolution, | am enclosing herewith my draft of a Home Rule Petition to provide for the election of a Charter Comission atthe state election to take place on November Cage, Mark E, Rumley ce: Mayor Stephanie M. Burke evnBe it Resolved, thatthe Mayor and the City Couneil of the City of Medford file a petition ‘withthe General Court, under Clause (1) of Section 8 of Article 2, as amended, ofthe Constitution ofthe Commonwealth of Massachusets, requesting its approval of the following special law relating to the Cty of Medford HOME RULE PETITION AN ACT AUTHORIZING THE ELECTION oF A CHARTER COMMISSION INTHE, CITY OF MEDFORD ATTHE STATE ELECTION (PRESIDENTIAL ELECTION) ‘TO TAKE PLACE ON NOVEMBER 8, 2016 Be it hereby Resolved, that the Legislature ofthe Commonwealth of Massachusetts enact a Home Rule Petition allowing for the election ofa Charter Commission in the City of Medford atthe State Festion (Presidential Hlection) to be held on November 8, 2016. Provided futher, that the Legislature may reasonably vary the form and substance of the ‘requested legislation within the scope of the general public objectives ofthis petition. Whereas, The deferred operation ofthis act would tend to defeat is purpose, which is to provide a method of allowing the present Charter ofthe City of Medford be reviewed ‘without the necessity of first securing the signatures of 15% of the voters in the City who ‘were eligible to vote inthe last state election as is required by G.L. €43B § 3 and, further, forgoing necessity of submitting the question of adopting or revising the charter to the voters ofthe City of Medford as is required by GL. 43B § 4 ‘Therefore, itis hereby declared to be an emergency law, necessary forthe common {good and public convenience f the residents of he City of Medford, Be it enacted by the Senate and House of Representatives in General Court assembled, ‘and by the authority ofthe same, as follows: Seetion 1, ‘Notwithstanding section 3 and section 4 of Chapter 43B of the General Laws or the provisions of any general law, special law or regulation to the contrary, inthe City of ‘Medford a nine (9) person municipal Charter Commission shall be elected at the state (presidential) election that will take place on November 8, 2016,Notwithstanding the provisions of G.L. 43B § 3, the election ofthe Charter Commission in the City of Medford shall not require the securing of signatures in an amount equal to fifteen percent (15%) ofthe voters inthe City who were eligible to vote in the last state election; and, Notwithstanding the provisions of GL. c 432 § 4, there shall not bea requirement that ‘question be cubmited to the votes inthe City of Medford aaking them wither the -present City Charter should be revised or anther charter adopted, ‘The Charter Commission, once elected shall be charged with the duty of deiding ‘whether to recommend any'revisions and amendments to the Plan A Chater, as modified bby Chapter 605 of the Acts of 1986 and any applicable special laws and statutes, asthe same is presently in effet in the City of Medford; and "Notwithstanding the provisions of G.L. 4B § 9, the Charter Commission shall be ‘equired to submit its final report containing any proposed revisions or amendments to the present City of Medford Charter on or before June 30, 2017 and thatthe any recommended revisions or amendments will be placed on the ballot for the next ‘municipal election wish will tke place in November 7,2017, With the exception of the provisions and limitations set forth herein, the Charter (Commission, shall be nominated and elected in accordance with the provisions of G.L. © 433 and shall have the powers of a Charter Commission as they same is st forth in G.L, .©43B to recommend revisions and amendments to the Plan A Chatter, as modified by (Chapter 605 of the Acts of 1986 and any applicable special laws and statues, asthe same is presently in effect inthe City of Medford. Section 2 ‘This act shall ake effect upon its passage. Respectfully Submitted, Mayor Stephanie M. Burke,‘The members ofthe Medford City Council voting approval for the Home Rule Petition entitled, “AN ACT AUTHORIZING THE ELECTION OF A CHARTER ‘COMMISSION IN THE CITY OF MEDFORD AT THE STATE ELECTION (PRESIDENTIAL ELECTION) TO TAKE PLACE ON NOVEMBER 8, 2016”, are as follows, each of whom has affixed her o hs signature to this Petition which consists of five (5) pages in ite entirety President Frederick N, Dello Russo, Jr. ‘Vive President Breanna Longo-Koshn Richard Caraviello ohn C.Faleo, i. ‘Ram Knight Michael Masks George A. Searpellt Commonwealth of Massachusetts Middlesex, March 8, 2016 1, Edvard P, Finn, hereby cetfy that I am the duly appointed City Clerk ofthe City of Medford and I certify and attest thatthe document herein is tue eapy of the Home Rule Petition passed by the City Council of the City of Medford on March 8, 2016 by a vote of of, favor and in the negative Attest: Edward P, Finn (City Seat)