The Holyoke City Ordinance Committee on Nov. 9 debated whether to use Massachusetts General Laws Chapter 43C or local ordinance changes to create a city finance department, amended a filed order to remove mandatory citation to c.43C §12, and laid the amended order on the table for further work.

The committee’s most consequential action was an amendment to a committee order that originally read, in part, “the city of Holyoke accept and adopt the provisions of Massachusetts General Laws Chapter 43C section 12.” Committee members agreed to strike the standalone acceptance language and replace it with a directive that the city “shall create an administrative and finance department as outlined in the statute or by way of amending city ordinances,” then lay the amended order on the table for additional drafting and review. The amended motion passed on a roll-call vote recorded in the transcript.

Why it matters: the choice between adopting an optional state template (Chapter 43C) and drafting a local ordinance affects whether the council proceeds by a home-rule petition or by local ordinance drafting, and alters the timing and specific qualifications, duties and reporting relationships for a new finance director or chief administrative and financial officer.

Committee members debated technical differences between sections of Chapter 43C and the Municipal Modernization Act. Councilor Linda Bacon cautioned that “I don’t think you can just look at one section without looking at the whole law,” urging staff to provide the full chapter for review. City solicitor Bernice Bissonnette (identified in the record as the committee’s legal advisor) told the committee the materials represented a “state’s template” and that the attached draft is “what we put forward as a possible means to create a Department of Finance” while stressing the group could mix provisions from different sections or rely on a locally drafted ordinance.

Committee discussion and next steps

Several members said they preferred to proceed by ordinance rather than adopt Chapter 43C verbatim. Councilor Lehi McGrath Smith and others argued for circulating a working ordinance draft to the committee so members could edit and agree language before returning to full council. Jeff, the committee’s administrative assistant, was asked to circulate memos and the earlier February memo and packet materials referenced in committee discussion.

Members also discussed related filings (items 2–5 on the committee agenda) that would together create a department, add a chief administrative and financial officer to the salary schedule (Schedule A), and set an implementation deadline. The order filed by Councilor Joe McGivern (filed Nov. 9, 2023) included an effective-date target “no later than 12/31/2025.” Committee staff and personnel office representatives noted existing job-posting language and a draft CAFO description that could be used as starting points.

Treasurer qualifications and combined positions

The committee also briefly addressed recently approved ballot language to make the city treasurer an appointed (rather than elected) position. Councilor Linda Bacon and other members said the council must set minimum qualifications for the treasurer; the committee discussed a separate order proposing minimum eligibility such as a four-year degree in accounting or finance and three years of successful management experience, and agreed to hold that item for further review together with the ordinance language. City solicitor Bissonnette advised the council that creating qualifications for a treasurer satisfies the voters’ mandate and that those qualifications can be incorporated into a combined position if the council elects to combine roles.

Votes and formal actions

- Amendment to remove explicit adoption of M.G.L. c.43C §12 and allow creation of a finance (or administrative and finance) department “as outlined in the statute or by way of amending city ordinances”: motion carried (roll-call recorded; specific yes votes include Councilors Reagan, Bartley, Rivera, McGrath Smith, Bacon and others as recorded in the transcript). (Outcome: approved.)

- Amended item 1 laid on the table for further drafting and review. (Outcome: tabled.)

- Committee moved to take items 2, 3 and 4 as a package and to add item 5 to that package; committee then agreed to give items 2 and 3 leave to withdraw so the work can continue under the amended item 1/ordinance approach. (Outcome: procedural approvals and leave to withdraw recorded.)

- Item 5 (creation of a chief administrative and financial officer position and addition to Schedule A) was left on the table for further work, including review of the draft job description and salary-grade placement. (Outcome: tabled.)

- Item 6 (establishing minimum qualifications for appointment as treasurer) was tabled to allow members to review a draft circulated earlier that day. (Outcome: tabled.)

What the committee asked staff to do

The committee requested that staff circulate the full Chapter 43C text, the municipal modernization act materials, the February memo referenced in prior discussion, and the previously drafted job description(s) and proposed ordinance language so members can edit a working ordinance draft ahead of the next committee meeting.

Context and background

The Municipal Modernization Act and M.G.L. c.43C were discussed as alternative vehicles: c.43C offers an optional “menu” of municipal administration plans the city could adopt; the Municipal Modernization Act also includes provisions that cover finance department structure and qualifications for a municipal finance director or chief administrative and financial officer. Committee members said either route will ultimately require the council to adopt an ordinance specifying duties, qualifications and effective dates; the current action preserves flexibility while directing staff to prepare ordinance language for committee review.

The committee did not adopt a final ordinance or fill a position at the meeting; members agreed to continue drafting and return with a working ordinance, job descriptions and recommended salary-grade placement for the chief administrative and financial officer and for any combined treasurer role.

Ending

The committee’s work will continue: staff will circulate the requested materials and the ordinance committee will reconvene to review a working draft before any final vote or home-rule petition is filed with the legislature.