Gerry: I was wondering how a Home Rule Petition worked so I first went to the MASS House Website and found the following:

If the petition is passed by the legislative body (and receives the mayor’s approval, where necessary) it is then treated as a piece of proposed legislation – i.e., it is filed with the House or Senate clerk, assigned to a legislative committee, passed by the House and Senate, signed by the Governor, and returned to the city or town.

So the way I understand it is now up to Sen. Steve or Rep. Murphy, Nangle or Golden to take the approved Petition and file it. It then would go through the normal channels and get voted on in the House and in the Senate. (Which is why I asked the candidates in both Senate and in the Dracut Rep. race the question and emailed copies of the petition to them). Many have already responded.

I’m wondering how this is affected by the fact that the formal session ends July 31st. Will this petition have to wait until 2011 before it gets moved and taken to the floor or can it be filed and passed in an informal session?

I have emailed the 3 State Representatives: Just wondering if you also support the Home Rule Petition dealing with the Health Insurance and what has to happen next to get this through the House ?

and Sen. Panagiotakos: Question for my BLOG. Can you explain the next steps that the City Of Lowell Home Rules Petition has to go through to get passed in both the House and Senate and an estimated time frame (if possible).

They do not have a great track record of responding to BLOGS or to me personally but it is an important issue that deserves to be answered and explained and hopefully they will respond or go on WCAP/ City Life or in the SUN and explain to the Taxpayers/Voters/Citizens of the City how exactly the process works.

Open Meeting

Gerry: Recently new changes went into effect regarding the Open Meeting Laws and how and what is effected by that change. The City solicitor (Christine O’Connor) in the Packet to the Council provided them with a summary intending to highlight some of the major changes. This effects not just the Council but School Committee, Technical School Committee and most boards.

Here is an example of what’s in the document regarding Posting The Notice of a Meeting:

There are three big changes here: what has to be posted, when and where.

A. Agendas Required to Be Posted. For the first time. the posted notice of a meeting must include an agenda. It has always been the case that the posted notice should set forth the date. time and place of the meeting. but now the notice must also include “a listing of topics that the chair reasonably anticipates will be discussed at the meet ing.”! ‘ This means that each subcommittee notice must list all substantive topics that the chair expects to come up. Advance notice may still be posted, but it will have to be updated as the date of the meeting nears if as is likely, the Clerk, Mayor, or Members of the Council learn of items that are probably going to be discussed. This also will have a limiting effect on the ability of members of the governmental body to bring up and address non-agenda items during the course of a meeting
under suspension of the rules.

B. Saturdays Do Not Count . As mentioned above. the rule is still that.absent an emergency, notice must be posted at least 48 hours prior to the meeting. However,under the old law Saturdays counted as part of the 48 hours and now they do not. (It remains the case that Sundays and legal holidays do not count.)’ ? If a board plans to meet on a Monday at 7:30 p.m. Under the old law, the latest that notice could be posted was Friday at 7:30 p.m. Now notice will have to be posted by Thursday at 7:30 p.m. If a board meets on the Tuesday after a Monday holiday, it will have to post notice by the preceding Thursday.

C. 24-Hour Accessibility of Posting. It used to suffice to post notice in the City Clerk’s office “or on the principal official bulletin board” of the Town, even if the Town Hall were open only during very limited hours. Now, “notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located.Recently , the City constructed a bulletin board located outside City Hall to which the public has access 24 hours a day .

I have attached the full 10 pages has a PDF. if you care to review the whole item. Again it is a matter of Public record that I pulled out of the City Council Packet from the City of Lowell Website.

Home Rule

GERRY: Below and attached is the Copy of the Home Rule Petition voted on by the City Council Tuesday Night. This comes from the City of Lowell Website, City Council Packet for July 13th pages 40/41. I Highlighted the fact that according to the Petition the State Delegation (Rep. Golden, Murphy, Nangle and Sen. Steve) have already pledged support which is why I did not include them in my post yesterday.

COMMONWEALTH OF MASSACHUSETTS
CITY OF LOWELL
In City Council
VOTE
Approving the Filing of Special Legislation which will authorize the City of Lowell to make certain changes to the current practice of the negotiation and purchase of insurance policy and/or policies for Employees. Retirees, and Dependents.

WHEREAS, the City of Lowell, acting through its City Council, seeks to modify its current practice of negotiating and purchasing insurance policy and/or policies,including but not limited to, the execution. implementation and application of any insurance agreement; and

WHEREAS, the City of Lowell seeks authorization to alter current and future plan design features as well as the option to participate and/or join the Group Insurance Commission (“OIC”) pursuant to G.1.. c. 32A.

WHEREAS, such negotiation and purchase of insurance policies, or alteration of plan design features, shall not be subject to collective bargaining under chapter 150E.

WHEREAS, this Act shall not affect obligations under any collective bargaining
agreement while such agreements are in effect; and

WHEREAS, the Lowell Delegation has pledged their support and endorsement
for a Home Rule Petition regarding modifications to G.L. chapter 32B.

NOW THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF LOWELL, as follows:

That the City Council of the City of Lowell, by a majority vote, hereby authorizes
and approves the filing of special legislation to read as follows:

AN ACT AUTHORIZING THE CITY OF LOWELL.
Be it enacted by the Senate and House of Representatives In General Court assembled, and by the authority of the same, as follows:

SECTION 1.
Not withstanding the provisions of chapter 328 and chapter 150E of the General Laws or any other general or special law to the contrary, the City of Lowell is authorized to negotiate and purchase group insurance policies for Employees, Retirees and Dependents without being subject to collective bargaining as defined in chapter 150£ of the general laws.

SECTION 2.
Further, the City of Lowell is also authorized to alter current and future plan design features, and that such action shall not be subject to collective bargaining as defined in chapter 150£ of the general laws.

SECTION 3.
Further, the City of Lowell is also authorized, but not mandated to participate in, arid/or join the Group Insurance Commission (” o le”) pursuant to G.L. c. 32A, and such action shall not be subject to collective bargaining as defined in chapter 150E of the general laws.

SECTION 4.
The provisions of this act shall not affect obligations under any collective bargaining
agrecment(s) , while such agreements are in effect.

SECTION 5.
This act shall take effect upon its passage.