January 8, 2018

“First Ballot - 4 votes cast for Alderman Zwirko by Aldermen - Bewtra, Forbes, Mortimer, Zwirko 4 votes cast for Alderman Infurna by Aldermen - Infurna, Lemmerman, Lipper-Garabedian, Wright 2 votes cast for Alderman Medeiros by Aldermen - Boisselle, Medeiros 1 vote cast for Alderman Tramontozzi by Alderman Tramontozzi At the completion of the first ballot, Alderman Mortimer moved to suspend rules to consult with our City Solicitor, 2nd by Alderman Forbes - motion carried Came forward: City Solicitor Robert Van Campen Alderman Mortimer to City Solicitor Robert Van Campen - asked if the Board of Aldermen put forth an Order to Petition the State Legislature to allow us an exemption to the City Charter and we could call for a Special Election in the relatively near future? City Solicitor Robert Van Campen responded saying there are a number of ways: to Amend the Charter or Pass a Special Act under the Commonwealth Home Rule procedure. One of the ways is to submit a question - the Adoption of a Charter to the voters which was done in 2005. Another method under the Home Rule procedure is seek special legislation with the approval of this Board of Aldermen asking the Legislature to make changes to the City Charter which is currently pending in the Legislature. In this instance, we are not amending the City Charter - what I'm understanding your point to be: [the City of Melrose would seek Special Legislative approval to conduct a Special Election outside of the current requirements of the City Charter to fill the office of Mayor in somewhat direct contravention of the explicit language of the City Charter] Alderman Mortimer - responded saying - that is absolutely accurate. City Solicitor Robert Van Campen - cautioned the members of the Board and the public that the goal would not be to amend the City Charter any further, but the goal would be to ask the Legislature to give the City authority to conduct an election. Further stated "I have not had any conversation with the Secretary of State Election Division or our Legislative Delegation about the timing of that." It's common knowledge that it is Mayor Dolan's intent to leave office on February 5th." At that point in time, if the question is raised and the office is vacated - I will be interpreting the Charter as it is written at that point in time. So if the Legislature hasn't done anything on Feb. 5th - I have an obligation to interpret the Charter as it is written. Alderman Mortimer - says to clarify, bottom line the Home rule method in contravention of the Charter it would be entirely possible if it is the will of this Board to Petition the State Legislature to allow us to have a Special Election in the near future. City Solicitor responded - "correct - it is a possibility" Alderman Boisselle to City Solicitor- says we are talking about sending to the Legislature. Do you really believe that in the next 30/35 days they will have time to make a decision to have a Special Election? City Solicitor responded - "I don't envision that". Alderman Boisselle - says so come February 5 whoever is President of the Board will become "Mayor of Melrose"? City Solicitor Van Campen responded saying - the Charter is explicit - if a vacancy occurs in the Office of Mayor in the 3rd or 4th year for which the Mayor is elected - the Aldermanic President shall become the Mayor - that is the current wording of our City Charter. Alderman Tramontozzi - says, even if this Board were to adopt a petition to send to the Legislature - it is the discretion on part of State Legislature whether to grant that - so to me it would seem logical that the Legislature would say why do we need to do that since you have a Charter that says that the President of the Board assumes the responsibilities and duties as Mayor and send it back to us without any deliberation on it because we accomplished what we wanted to accomplish. City Solicitor Van Campen agreed saying that is a possibility. I have seen Home Rule Petitions returned by the Legislature where there is not a unanimous expression of support by the local legislative body - say the vote was 8 to 3 - they could be looking that there is a divide in that community. They already have an operative document. Alderman Wright - says, my understanding of the Charter - is that when the Mayor resigns the President of the Board becomes "The Mayor". City Solicitor Van Campen responded saying, there is no acting designation, no interim designation. The President shall become the Mayor, serves to the next biennial election and if that person is elected they will fill- out the remainder and assume a 4 year term. Alderman Wright says despite the fact that the voters did not elect this person that person will become the Mayor? City Solicitor Van Campan says "correct". Alderman Wright says - so if a Special Act is sent to the Legislature we would be asking them to remove the Mayor from office so we could have a separate election? City Solicitor Van Campen says - if there is an expression from this Board that a Special Election is the method to consider, I would suggest not only that there be extensive detail built into that Home Rule Petition, but that detail encompass who shall serve as Mayor during that interim period; what his or her powers shall be etc., etc. because right now if we have a Special Election, I am interpreting the Charter to elevate the President of the Board of Aldermen who shall become the Mayor. If you have a Special Election outside the Charter it puts me in a quagmire. Alderman Wright -it puts the City in a quagmire. Alderman Zwirko - says we need stability. Tonight let's take care of the business of electing a President of this Board of Aldermen. The City needs stability. Alderman Medeiros to City Solicitor Van Campen - says she filed an Order that we have a Special Election. Says, you made some suggestions. I proposed back an amendment to you. I haven't seen a response back. It is in committee. City Solicitor Van Campen - says "I don't know if I have seen it - I'll have to check. Alderman Medeiros says - she suggested that we appoint an Acting Mayor rather than have somebody become Mayor and then have to remove the Mayor because we had a Special Election. Says - she wanted to make a clarification on that…Says, "I do hope that whoever becomes the President of the Board of Aldermen - will hold a committee meeting and discuss it in a timely fashion - because the time table is moving very fast! Alderman Wright - says we had a vote: not a majority vote for any one of the people who put their names forward. How do we proceed? Do we proceed with all 4 candidates? Do we narrow the field in any way? City Solicitor Van Campen - says your Rules do not contain a determine protocol for an election as President. In the absence of any determinative procedure - we would refer to Robert's Rules #11 [current edition] We would proceed with all 4 candidates. That edition encourages that you continue to vote with the same nominees in queue until a nominee has voluntarily withdrawn and gives their support elsewhere or until the nominees supporters have decided after a certain number of ballots - decide to give their support elsewhere. Alderman Mortimer - referred to Robert's Rules of Order, Chapter 14, Section 46 - says it talks about an incidental main motion which delineates a procedure for the election but if nominations have been open, made and closed then it becomes an Order which is incidental to the main motion. So in accordance that our Rules are silent on this, my suggestion (not a motion) is that we have one more ballot and see how the results fall. If they fall the same then the top 2 vote getters will remain on the ballot and anyone not on the top 2 will be removed. Essentially it will be a preliminary. City Solicitor Van Campen - says I would make note of the fact that Robert's Rules seems to discourage multi ballot dropouts. In the absence of a specific bylaw provision, in my view unless the Board of Aldermen explicitly amends the Rules of the Board of Aldermen to allow that then you can't do that by motion this evening. Mr. Van Campen referred to the footnote of Chapter 14, Sec. 46 - specifically the last sentence. Says follow the procedure of Robert's Rules. If you want you could delay to another evening and amend your Rules - that is an option. My suggestion is to let the ballots naturally unfold without any motion or special order. Go 5 ballots - if you are deadlocked in my view the senior member of the Board of Aldermen can serve as your presiding officer until you elect a President formally. Alderman Mortimer - liked the suggestion of 5 ballots. Alderman Zwirko - requested that we follow the suggestion of the City Solicitor and proceed with the election. Election proceeded Second Ballot - 4 votes cast for Alderman Zwirko by Aldermen - Bewtra, Forbes, Mortimer, Zwirko 4 votes cast for Alderman Infurna by Aldermen - Infurna, Lemmerman, Lipper-Garabedian, Wright 2 votes cast for Alderman Medeiros by Aldermen - Boisselle, Medeiros 1 vote cast for Alderman Tramontozzi by Alderman Tramontozzi Third Ballot 4 votes cast for Alderman Zwirko by Aldermen - Bewtra, Forbes, Mortimer, Zwirko 5 votes cast for Alderman Infurna by Aldermen - Infurna, Lemmerman, Lipper-Garabedian, Tramontozzi and Wright 2 votes cast for Alderman Medeiros 0 votes cast for Alderman Tramontozzi.”

Read it in the official minutes, page 4 (PDF)

“Fifth Ballot 11 votes cast for Alderman Infurna by Aldermen - Bewtra, Boisselle, Forbes, Infurna, Lemmerman, Lipper-Garabedian, Medeiros, Mortimer, Tramontozzi, Wright and Zwirko Chair - stated that Alderman Gail Infurna has been unanimously elected as President of the Board of Aldermen for the Year 2018..”

Read it in the official minutes, page 9 (PDF)