Chicopee council refers proposed recall special act back to rules committee after due-process debate

The Chicopee City Council on April 1 voted to send a proposed special-act recall petition back to the rules committee for further review after councilors debated language that would place indicted elected officials on paid administrative leave.

The rules-committee-backed order had asked the council to approve a petition to the General Court to adopt a local recall law under the state constitution. During floor debate Councilor Wagner proposed removing a paragraph that read, in part, that "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." Councilor Shumski objected to the paragraph as a due-process violation, arguing grand-jury indictments are not proof of guilt and can occur routinely. "Grand juries are basically a guaranteed way to get someone indicted for a crime," Shumski said, adding that removing an elected official before conviction would undermine the presumption of innocence and could leave someone unable to serve while a case proceeds in court.

Other councilors urged more study. Councilor Cushing asked that those with concerns present testimony to the rules committee. The council voted 10–2 to send the draft back to the rules committee for a public hearing; the rules committee will review the language and the attorney will examine how the draft interacts with the cited state special acts and other law.

The item references filing a petition under "clause 1 of section 8 of article 2 of the amendments to the constitution of the Commonwealth of Massachusetts" and cites a local special act process. Councilors said they wanted the city solicitor and committee to review Chapter 435 of the Acts of 2014 and related legal authorities before the council considers final language.