WeVote
Log In

Bill

Bill

H 5171

An Act removing the Treasurer as Acting Mayor in the Holyoke Charter

194th Legislature (2025-2026) Introduced by Pat Duffy

Removes the Treasurer as acting mayor in Holyoke and sets the City Clerk or Council President to act with defined powers and checks during a mayoral absence.

Read second and ordered to a third reading
0
WeVote Research Nonpartisan
Bill Summary · H 5171

Summary of H 5171 (194th General Court) – An Act removing the Treasurer as Acting Mayor in the Holyoke Charter

Purpose and intent

  • The bill seeks to amend the Holyoke City Charter to remove the position of Treasurer as the designated Acting Mayor during a mayoral absence.
  • The sponsor is Representative Patricia A. Duffy (Holyoke), with local approval noted.

Key provisions and changes

  1. Current and proposed acting-mayor designation (Section 1)

    • Replaces the existing provision (Section 27 of the Holyoke Charter) with new language.
    • If the mayor is unable to perform duties due to sickness or other causes:
      • The mayor may designate, in writing filed with the city clerk, the City Clerk to act as mayor.
      • If the mayor fails to designate, the City Clerk shall act as mayor for the duration of the absence.
    • The City Clerk, while acting as mayor, would have all the rights and powers of mayor except:
      • Cannot exercise the power of removal (unless authorized by vote of the City Council).
      • Cannot appoint, unless the inability to perform has continued for 30 days, and then only with City Council approval.
      • Cannot approve or disapprove any ordinance/order/resolution/vote until at least 24 hours after the effective time, and only with the mayor’s approval (or after the time for approval).
    • If the City Clerk cannot perform duties:
      • The Mayor may designate the City Council President to act as mayor, subject to the same restrictions.
      • If the City Council President acts, the heightened restrictions apply similarly.
    • If the mayor’s inability lasts beyond 60 days:
      • The City Council may, after that period, declare a vacancy in the office of mayor.

  2. Repeals and conforming changes (Section 2)

    • Repeals provisions from:
      • Chapter 438 of the Acts of 1896
      • Chapter 327 of the Acts of 1936
    • And other acts as amended, to the extent inconsistent with the new act.

  3. Editorial provisions (Section 3)

    • Allows clerical or editorial changes to the bill’s form without altering substantive content, unless the Mayor and City Council approve amendments within scope of the petition’s objectives.

  4. Effective date (Section 4)

    • The act would take effect immediately upon passage.

Who/what is affected

  • Holyoke City government: Changes the line of succession for acting mayor during a mayoral absence.
  • City Clerk and City Council President: Roles as acting mayor are defined with specific expansions or restrictions.
  • Mayor’s authority: Certain powers (removal, appointments, and timing of ordinance action) are constrained while an acting mayor is temporarily in office.
  • Vacancy procedure: Provides a pathway for declaring a vacancy if the absence extends beyond 60 days.

Procedural and timeline aspects

  • Status and actions:
    • Referred to Municipalities and Regional Government (Feb 26, 2026). Hearing: Scheduled for April 8, 2026 (10:00 AM–12:00 PM, Room 222).
    • Reported favorably by committee and referred to House Steering, Policy and Scheduling (April 15, 2026).
  • Local approval: The bill notes that local approval has been received.
  • Effective date: Immediate upon passage.

Potential impact and considerations

  • Shifts acting-mayor duties away from the Treasurer (who previously held a designated acting role in Holyoke’s charter) to the City Clerk or City Council President, with specific limitations on executive powers and appointment authority.
  • Adds a clear vacancy-creation trigger if mayoral absence extends beyond 60 days.
  • Creates checks and balances by requiring City Council approval for certain acts by an acting mayor and requiring a 24-hour delay for ordinances to take effect without mayoral approval.
  • Aims to align the charter with current governance practices and clarify succession during extended absences.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.