Free petition

Browsing through the Home Rule Charter as it exists today, I noted that there are two types of free petition.

They are Action Discretionary and Action Required.

Methuen has had 4 charters in it’s history. I reviewed them all. The first one in 1917 didn’t have this distinction.

This is the current from the City website. It is identical in 1971,1977 and current version.

HOME RULE CHARTER OF THE CITY OF METHUEN 2000
Section 8-1 Free Petition.
a) Individual Petitions, Action Discretionary – The City Council and the School Committee shall receive all petitions which are addressed to them and signed by a voter and may, in their discretion, take such action in regard to such petitions as they deem necessary and appropriate.

I would only add a provision that allows petitions from residents who are not voters. I would also add that said petition be published with the minutes of the meeting at which it was presented. It should become part of the public record.

The second part of this gets a bit more interesting. I have printed both versions. It appears that the version in the 1977 charter ballot question and todays are the same and reproduced below;

HOME RULE CHARTER OF THE CITY OF METHUEN 2000
Section 8-1 Free Petition.
b) Group Petitions; Action Required – The City Council (or the School Committee), as the case may be, shall hold a public hearing and act by taking a vote on the merits of every petition which is addressed to it and which is signed by at least one hundred fifty voters. The hearing shall be held by the City Council or the School Committee, or, in either case, by a committee or sub-committee thereof and the action by the City Council or School Committee shall be taken not later than three months after the petition is filed with the City Clerk. Hearings on two or more petitions filed under this section may be held at the same time and place. The City Clerk shall mail notice of the hearing to the ten petitioners whose names first appear on each petition at least seven days before the hearing. Notice by publication at least seven days prior to all such hearings shall also be made, and shall be at public expense. No hearing shall be heard upon any one subject matter more than once in any given twelve month period.

 The bold last sentence was added, apparently, to keep persons from continuously submitting the same petition over and over until it passes.

Below is the 1971 Charter version.

I recommend that we return to the 50 voter limit. I understand about not bogging the system down but we also need to allow citizens the ability to affect new laws. If one thinks about it, the ability to be a councillor is to be a resident of the city and gather 50 signatures. Why should it be any more difficult for a free petition than it is to be placed on the ballot as a candidate?

HOME RULE CHARTER OF THE CITY OF METHUEN
Section 8-1 Free Petition.
b) Group Petitions; Action Required – The City Council (or the School Committee), as the case may be, shall hold a public hearing and act by taking a vote on the merits of every petition which is addressed to it and which is signed by at least fifty voters. The hearing shall be held by the City Council or the School Committee, or, in either case, by a committee or sub-committee thereof and the action by the City Council or School Committee shall be taken not later than three months after the petition is filed with the City Clerk. Hearings on two or more petitions filed under this section may be held at the same time and place. The City Clerk shall mail notice of the hearing to the ten petitioners whose names first appear on each petition at least seven days before the hearing. Notice by publication at least seven days prior to all such hearings shall also be made, and shall be at public expense.

These are some of the issues that need to be discussed, debated and resolved by a Charter Review Commission.

Vote YES on Question 1.

admin posted at 2009-10-27 Category: Charter

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