Members of the Charter and Rules Committee on Feb. 4 discussed proposed additions to Rule 8 that would restate charter and state law requirements for appropriations, budget transfers and voting thresholds. The language, submitted by Councilors Jordan and Bacon, restates provisions tied to City Charter section 49 and MGL Chapter 44.
City Solicitor Mike Bissonnette cautioned that much of the language duplicates state law and the charter and that an effort to make it a binding rule could conflict with state statutes: "The second order, relative to adding to the budget is in fact part of state law… the council has that authority, in the event that the mayor fails to make a necessary appropriation. That's always been the law." Committee members agreed the explanatory material would be more useful as a nonbinding appendix so councilors can reference it quickly.
The committee voted to add the material as appendices to the rules (appendix A/B), asked the chair to draft clearer language that notes the debate over whether charter language prevails over state law, and tabled the substantive rule amendment for redrafting and legal review.