A Special Meeting of the City Council was held in City Council Chambers on
Thursday, August 6, 2009 at 6:30 P.M. for the purpose of taking action on a Home Rule Petition to address the City of Salem’s 2009 Election Calendar. The dates given are not consistent with the state law because an extra seven (7) days were given for candidates to take out nomination papers and return papers. Notice of this meeting was posted on August 4, 2009 at 3:42 P.M.
Councillors Lovely, Ryan, Sosnowski, O’Keefe and Veno were recorded as absent.
Council President Paul Prevey presided.
Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted.
Councillor Pinto moved for suspension of the rules to allow the City Solicitor Elizabeth Rennard to speak. There was no objection.
Solicitor Rennard stated two weeks ago an error was detected on the Election Calendar regarding the dates. It is contrary to state law. The rule is that 35 days from the final election papers are due. An extra week was given to candidates to turn in their papers. Representative Keenan assured that he would help move this along in time for the September 15, 2009 election to correct the error.
Councillor Pelletier asked about the dates.
Councillor McCarthy asked if the dates could be challenged if it is not approved by September 15th.
Solicitor stated she didn’t believe anything would happen.
Councillor Furey asked does this apply to the petitions that are circulating for the term of Mayor out there.
Solicitor stated yes this was across the board.
Councillor Pinto moved for adoption by roll call vote.
#473.1 – AN ACT TO RATIFY ELECTION CALENDAR BY HOME RULE PETITION
The following petition submitted by the City Clerk for an Act ratifying, validating and confirming the Election Calendar for the City of Salem elections to be held in 2009 was adopted by a roll call vote of 6 yeas, 0 nays, 5 absent.
Councillors Sargent, Pinto, Pelletier, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillors Veno, Sosnowski, Ryan, O’Keefe and Lovely were recorded as absent.
ORDERED: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate of House of Representatives which conform to intent of this home rule petition:
AN ACT ratifying, validating and confirming in all respects the election calendar established by the City of Salem for elections to be held in 2009.
Be if enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding sections 7, 7A and 10 of Chapter 53 and Section 7 of Chapter 55B of the General Laws or any other general or special law to the contrary, the election calendar established by the Salem City Council on January 8, 2009 is hereby ratified, validated and confirmed in all respects, notwithstanding any defect in the submission deadlines.
SECTION 2. This act shall take effect upon its passage.
Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor McCarthy the meeting adjourned at 6:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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