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Agenda

Item 1: Minutes of March 3, 2025 meeting

Item 2: 2-4-25 Jourdain, Vacon- Ordered, that the City Council adopt the following Special Act and then place the question on the November 2025 ballot

Item 3: 3-4-25 From City Solicitor: Opinion from KP Law regarding voting requirements for fund transfers and special purpose stabilization fund appropriations

Item 4: 3-4-25 From DOR- Guideline on appropriation transfers regarding alternative end-of-year transfer procedure

Item 5: 3-4-25 From City Solicitor: Lisa Ball- Case of Fuller v. Haines 224 Mass. 176 which addresses the first reading of an order.

Item 6: 3-4-25 From City Councilor Kevin Jourdain-email communication to City Clerk Brenna Murphy Leary and City Auditor Tanya Wdowiak regarding irregularities of financial transfer votes at Feb 18 meeting

Item 7: 3-4-25 From City Councilor Kevin Jourdain- email communication with City Auditor Tanya Wdowiak regarding discussion with DLS to address Feb 18 financial transfer vote

Item 8: 3-4-25 From President Tessa Murphy-Romboletti- email communication with Councilor Jourdain regarding first/second readings for financial transfers

Item 9: 3-4-25 From Councilor Kevin Jourdain, response to email communication from President Tessa Murphy-Romboletti regarding first/second readings for financial transfers

Item 10: 3-4-25 Jourdain, Vacon- Ordered that the City Council Charter & Rules committee discuss the Council’s long history of interpretation relative to Section 22 of the Charter that a vote to pass the first and then a vote to pass the second reading are required before final passage may occur under the provisions of that Section.  That the Council also continue to follow our current procedure if and until the Council votes to change that procedure and understanding of Section 22 through a lawful method to be determined up to and including a possible Charter Change.
Section 22 of the Charter
Sec. 22. – Power as to laying out, etc., of streets; damages; ordinances, etc., involving expenditures in excess of two hundred dollars.
The city council shall, with the approval of the mayor, have exclusive authority and power to order the laying out, locating anew or discontinuing of all streets and ways and highways within the limits of the city, and to assess the damage sustained by any person thereby, and further, except as herein otherwise provided, to act in all matters relating to such laying out, locating anew, altering or discontinuing. Any person aggrieved by the assessment of his damages, or other action of the city council under this section, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns. Any ordinance, order, resolution or vote involving the appropriation or expenditure of money to an amount which may exceed two hundred dollars, shall require for its passage the affirmative votes of a majority of all the members of the city council. Every such ordinance, order, resolution or vote shall be read twice, with an interval of at least three days between the two readings, before being finally passed; and the vote at its final passage shall be taken by roll call; provided, however, that upon and after the written recommendation of the mayor the city council may pass such ordinance, order, resolution or vote on the same day by a two-thirds yea and nay vote.

Item 11: 3-4-25 From City Councilor Linda Vacon, OML Complaint regarding debate of late files

Item 12: 3-18-25 From Assistant City Solicitor Kathleen Degnan- Response to Open Meeting Law Complaint for Councilor Linda Vacon regarding debate of late files

Item 13: 3-18-25 From Office of the Attorney General – Response to OML complaints.

Item 14: 3-18-25 From Murphy-Romboletti- letter regarding municipal finance reform update

Item 15: 4-1-25 From Councilor Linda Vacon, OML Complaint regarding majority of Charter and Rules members meeting privately in working group

Item 16: 3-18-25 Bartley- City Council Rule 4 is hereby amended as follows:   Add the following sentence to the end of the first paragraph of Rule 4.B. – So long as it is in a writing to the Clerk, any member may opt out of having his/her agenda sent via U.S. mail and instead may have the agenda sent via electronic mail, personal delivery by the Administrative Assistant or not at all.  Said decision shall remain in force until the Clerk is otherwise notified, in writing, by the member.

Item 17: 3-18-25 Bartley- City Council Rule 4 is hereby amended as follows:   Add the following paragraph to the end of Rule 4.B. – For the sake of public transparency, Late Filed orders (as defined herein) may be added to the already published Regular Agenda and presented (a) to the members at the Regular Meeting by offering printed copies and by remittance to the members by way of electronic mail and the same shall be sent no later than 1 PM on the day the Regular meeting is scheduled and (b) to the Public via the City website and the same shall be posted no later than 1 PM of the day of a Regular City Council meeting.  In any event, late -filed orders may not be appended the Regular Agenda unless for good cause and so long as written approval from both the Clerk and the President is presented to the members before the Regular meeting.  Said writing shall be presented to the members at the Regular meeting and shall include reasons explaining the ‘good cause’ and signatures of both the Clerk and the President.

Item 18: 3-18-25 Magrath-Smith – ordered that Rule 1C be revised to align with modern practices. 1C reads: “All ‘Rules and Orders of the City Council’ shall be read by the President of the Council to every newly elected City Council during the first meeting of that newly elected Council or at any time prior to said first meeting if the City Council so agrees.”

Item 19: 3-18-25 Magrath-Smith – ordered that Rule 4E be revised to create a system that assigns a specific number to each order, allowing for better tracking across multiple committees and over time. Rule 4E is “All city council orders introduced to the City Council shall be numbered consecutively,  and a log of all orders be kept by the City Clerk and the Council’s Clerk of Committees  showing the order number, the date the order was brought before the City Council, the  action taken by the City Council on the order, or the Council Committee or city  department the order was referred to, the date the order was referred back from the  committee or department, and the final action taken by the City Council.”

Item 20: 3-18-25 Magrath-Smith – ordered that Rule 4F be revised to align with modern practices. Rule 4F is “Co-signers of City Council orders must call the City Clerk to confirm that they do, in fact, want their name on that specific order.”

Item 21: 3-18-25 Magrath-Smith – ordered that the role of the Public Service and Human Resources Committee as described in Section 9B.iv and 9L and 9M be reviewed and revised.

Item 22: 3-18-25 Magrath-Smith – ordered that Charter and Rules holistically review and reorganize how information on sub-committees is presented in the rules for the sake of clarity in Section 9.

Item 23: 3-18-25 Magrath-Smith – ordered that revisions to Section 7A of our rules be considered. Section 7A reads: 7. AGENDA A. At every regular meeting of the Council, the order of business shall be as follows:
i. Calling the roll of the members.
ii. Pledge of Allegiance followed by the statement “God Bless America, God Bless the City of Holyoke and All its Citizens, and God Bless the City Council.”
iii. Presentations and reports by invitation of the City Council
iv. Public Comment (amended May 15, 2012)
v. Reading the journal of the previous meeting, if requested by the City Council.
vi. Unfinished business of previous meeting.
vii. Communications and reports from city officers
viii. President’s Report.  ix. Presentation of petitions, memorials, and remonstrances.
x. Reports of Committees.
xi. Motions, orders, and resolutions
xii. Late-Filed orders: A listing of all late file orders from the prior City Council Meeting be listed and attached to the subsequent meetings agenda as an addendum.
The above shall not be departed from but by vote of the majority of the City Council present.

Item 24: 3-4-25 Jourdain, Vacon- Ordered, amend Rule 6E by adding the following: that no member of the City Council shall make references to or about another member but in respectful terms whether inside or outside the City Council Chambers including on social media.  That the City Council also taken into consideration this time how the City’s social media policy should help guide our final rule.

Item 25: 3-4-25 Devine- ORDERED:  That the Law Department render an opinion as to whether a City Councilor can be censured for disruption of any City Council proceeding whether at regular meetings of the City Council or any sub-committee of the City Council.

Item 26: 3-4-25 Devine- ORDERED:  That the Law Department check with surrounding cities and towns as to how they might censure an elected official due to lack of decorum or other offenses.

Item 27: 3-4-25 Devine- ORDERED: That the Law Department issue an opinion as to whether there are any repercussions for an elected City Councilor who may “Use their position to impede any government operation in carrying out their duties.

LAID ON THE TABLE
(Items taken up at previous meeting(s) and laid on the table. Discussion has not been planned, but any item may be removed from the table upon motion of the committee.)

Item 28: 4-2-24 BARTLEY, JOURDAIN, VACON – The City of Holyoke amends any charter, ordinance and any other regulations relative to its Tax Collector and combines the office with its City Treasurer so long as a charter change to appoint rather than elect Holyoke’s City Treasurer is approved by the legislature and Holyoke voters.
*Tabled 5-6-24, 6-10-24

Item 29: 5-21-24 DEVINE – Ordered that the City Council consider a rule addition to to RULE 6C (DECORUM/SPEAKING), adding the following words as a second paragraph:
“No Councilor shall speak more than 4 minutes during debate. The President/and or the City Council Administrative Assistant shall keep track of the minutes. A (1) one minute reminder shall be given at the 3 minute mark during debate.”
*Amended to “3 minutes at a time,” referred back 2-4-25, tabled 3-3-25

Item 30: 11-19-24 From Atty Jane Mantolesky, Asst City Solicitor, City Council Voting Specifics
*Tabled 1-27-25, 3-3-25

Item 31: 12-5-23 VACON — Ordered, That we amend our charter and ordinances to change from an elected Mayor to a City Manager/Chief Administrative Financial Officer, appointed by the City Council.
*Tabled 5-13-24, 6-10-24, 3-3-25

Item 32: 2-6-24 JOURDAIN, BARTLEY — Ordered, That Charter Sections 19 and 34 be amended and elsewhere as appropriate to allow for all appointments to the Fire Commission and DPW Commission to be appointed by the Mayor subject to confirmation by the City Council.
*Tabled 6-10-24, 3-3-25

Item 33: 10-3-23 GIVNER — With community support, order that the following section of our Codes of Ordinances and charter be updated to reflect use of email as sufficient for special meeting notice:
Sec. 12. – Special meetings of city council.
The mayor may at any time call a special meeting of the city council by public posting through the city website along with written notifications thereof, together with a statement of the subjects to be considered thereat, to be deposited in the post office, postpaid and addressed to the persons to be notified, at least forty-eight hours before the time appointed for such meeting, or to be left at the usual place of residence of each member of the council, by email at least forty-eight hours before the time appointed for such meeting.
(Acts 1965, c. 187; Acts 1992, c. 189)
*Tabled 12-22-23, 2-5-24, 1-27-25, 3-3-25 (rule change tabled pending home rule petition)