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Chicopee rules committee reviews recall bill language, removes paragraph on paid administrative leave for indicted officials
Summary
The rules committee reviewed a proposed special-law recall bill and voted to delete a paragraph that would have placed indicted elected officials on paid administrative leave pending resolution; committee also discussed petition thresholds and the recall process.
The Chicopee Rules Committee reviewed a proposed special-law bill on April 8 that would add a local recall process to the city charter and voted to delete a provision that would have placed indicted elected officials on paid administrative leave until their cases concluded.
Attorney discussion at the meeting explained the proposed draft separates recall procedures by how an official is elected: at-large officials would require an initial affidavit from 2,000 or more voters to trigger the petition process, while ward-elected officials would require 500 or more voters. After verification of signatures, petitioners must collect recall petition sheets containing signatures equal to 25% of registered voters in the city (for at-large offices) or in the ward (for ward-elected offices). If the required signatures are certified, the clerk issues petition sheets and a recall election must be held within 90 days unless another city election falls within 100 days and the council elects to combine the contests.
Committee members questioned operational details such as how quickly a recall would move through verification and whether an incumbent could run to succeed themselves; attorney guidance said incumbents may remain in office until the recall election and may be candidates in that election. The attorney also noted state law references related to municipal employment and leave: he cited provisions for municipal employees and discussed that, historically, elected officials in Massachusetts are rarely placed on unpaid leave and that the practical remedy for voters is removal through election.
After discussion, a councilor moved to delete the paragraph beginning “Any elected official that is indicted for a crime punishable by imprisonment shall be placed on paid administrative leave until the resolution of the case…” and related language mentioning termination under “chapter 435 of the acts of 2014” and filling temporary vacancies by council majority. The committee approved the motion by roll call; the item will be forwarded to the full City Council for final action on the proposed special legislation.
Committee members also discussed points of detail raised during the review: whether the city council president automatically assumes duties and pay during a temporary vacancy, how the 25% petition threshold is calculated, and practical difficulties identifying out-of-state arrests absent a disclosure requirement. The attorney recommended retaining other recall thresholds and processes and leaving existing charter remedies in place; committee members asked the law department to prepare language for the full council and to note the deletion for the packet.
The committee voted to forward the amended draft to the full City Council for approval. The rules committee’s action removes the paid-administrative-leave paragraph from the draft recall language and keeps the two-tier petition thresholds (2,000 for at-large; 500 for ward-elected) and the 25% petition requirement for triggering a recall election.
