Committee backs municipal hearings officer language with stipend cap; sends ordinance to full council

2172673 ยท January 25, 2025

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Summary

The committee voted to advance language to create a municipal hearings officer to hear appeals under the state building and fire codes, amending the proposal to cap the contractor stipend at $25,100 and asking the law department to prepare final ordinance language for full council.

The City Council committee voted to advance an ordinance change that would formally create a municipal hearings officer to hear appeals under the state building and fire codes and requested the law department prepare final ordinance language for the full council, including an amendment capping the stipend at $25,100.

Committee members said the city historically contracted for this role and that state law (M.G.L. c.148A and related provisions) contemplates a municipal hearings process. Building-department materials and a letter from the city solicitor described the role as an independent, typically contracted, third party who must attend state-mandated training. "Municipal hearings officer should be a third party contractor and not an employee of the City of Holyoke department issuing the violation fine," the solicitor's memo said.

The committee discussed funding and staffing; some members expressed concern about adding positions to the city's payroll, while others said using a contractor and fee-funded stipend would avoid increases to the general fund. Councilor Jenny Rivera offered an amendment to limit the stipend to $25,100; the amendment was seconded and approved by the committee. The committee approved the ordinance language as amended and asked the law department to return legal form for full-council consideration.

Committee members noted practical benefits: holding hearings locally avoids sending appeals to Springfield Housing Court or the Board of Building Regulation and Standards in Boston, and it would allow fine proceeds to fund training and related programs. The committee referred the amended language to the full council for a vote.