File #: 557-15    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 10/27/2015 In control: Rules & Ordinance Committee
On agenda: 11/10/2015 Final action: 12/15/2015
Title: Be it ordained that Section 1.2 of R.O. 1991 be amended relative to invalidity or unconstitutionality of ordinances.
Sponsors: Neil C. Kinnon

Title

Be it ordained that Section 1.2 of R.O. 1991 be amended relative to invalidity or unconstitutionality of ordinances.

 

Body

Be it ordained by the Malden City Council that the Revised Ordinances of 1991 as amended be and the same are hereby further amended as follows:

-by adding at the end of Section 1.2 the following new paragraphs:

Any provision or part of this code which conflicts with state or federal law shall be invalid; provided that, for purposes of this section, federal law shall take priority over state law. 

A written determination by the City Solicitor, the Massachusetts Attorney General, the United States Attorney General or any federal law enforcement official shall be sufficient to render a specific section or sections invalid. 

No officer or employee of the city shall take action to enforce any section or part of this code which has been determined, in accordance with the preceding paragraph, to be invalid and, any action so taken, shall relieve the city of any obligation to indemnify said officer or employee for any damages arising therefrom.