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Analysis says City Council has limited confirmation powers

Date: 3/22/2013

By G. Michael Dobbs

news@thereminder.com

CHICOPEE — The ability of the City Council to confirm mayoral appointments is limited to specific positions, according to the conclusions drawn by three attorneys examining the city charter.

Mayor Michael Bissonnette asked for the review after several confrontational incidents with the City Council over whether or not their confirmation of an appointment was necessary. An attorney representing the City Council was part of the review.

"The City Council has grabbed power for itself in violation of the charter," Bissonnette told Reminder Publications. "They can not create powers that are not in the charter."

Section 29 of the City Charter details the appointment power of the mayor, which has been modified by state law, Bissonnette explained. Positions on the Housing Authority, the Golf Commission and the License Commission all require confirmation by the City Council according to state statute.

Bissonnette said there might have been "confusion" over which positions need confirmation and which do not. He noted that some positions, since as the city collector, used to be appointed and confirmed, but now are determined through election.

The mayor contended the City Council has assumed confirmation powers "for decades."

Bissonnette believes the discussion of confirmation of appointments is another reason for a discussion of charter revision.

"They [the council] need to take charter change seriously," he said. "They just can't cite the charter when it's convenient.

Bissonnette added, as an example of the type of issues that should be addressed in charter reforms should be residency requirements for department heads such as the chief of police.