NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


Seal of the Commonwealth of Massachusetts


Thursday, January 8, 2009.

Met at twenty-four minutes before twelve o’clock noon.

The President, members, guests and employees then recited the pledge of allegiance to the flag.


The following communications were severally received and placed on file:

A communication from the Office of the Governor announcing the median household income of the Commonwealth for the preceding two year period;

A communication from William F. Welch, Clerk of the Senate, announcing his appointment of Michael D. Hurley of South Boston as Assistant Senate Clerk and Stacey N. Ostiguy of Quincy as the Second Assistant Clerk; and

A communication from Steven T. James, Clerk of the House of Representatives, announcing his appointments of Scott J. Mitchell of Burlington as Assistant Clerk of the House and Robert J. DeCarlo of Winthrop as Second Assistant Clerk of the House.


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Pacheco) “congratulating Suzanne ‘Sandy’ Leahy on her retirement”; and
Resolutions (filed by Mr. Rosenberg) “recognizing Thomas Paine in the year of the two hundredth anniversary of his death.”


The following communication, together with the return of votes and schedules therein referred to, were received from the Secretary of the Commonwealth, to wit:


January 8, 2009.

To the Honorable Senate and House of Representatives:

I have the honor to lay before you the returns of votes cast at the election held in this Commonwealth on the fourth day of November, 2008, for Councillors in the several districts together with schedules showing the number of ballots which appear to have been cast for each person voted for.
These returns have been duly canvassed by the Governor and Council, and are now transmitted for examination by the Senate and the House of Representatives, as required by the Constitution.

Very truly yours,
William Francis Galvin,
Secretary of the Commonwealth.

Order Adopted.

On motion of Ms. Menard,—

Ordered, That a joint committee to consist of members of Senate and the House of Representatives be appointed for the purpose of canvassing the votes for Councillors in the several districts.
Senators Chandler of Worcester, Michael O. Moore of Worcester, Petruccelli of Suffolk and Middlesex, Timilty of Bristol and Norfolk and Brown of Norfolk, Middlesex and Bristol were appointed the committee on the part of the Senate.
Sent to the House for concurrence.

Subsequently, the order was returned by the House with the endorsement that it had been adopted, in concurrence.

The order bore the further endorsement that Representatives O’Flaherty of Chelsea, Donato of Medford and Peterson of Grafton were appointed on the part of the House.

Subsequently, Ms. Chandler, for the said special committee to which had been referred the returns of votes for the Councillors in the several districts submitted a report thereon, as follows:

From the examination of the returns, it appears that votes were cast as follows:

The following named persons have been duly elected Councillors in their respective districts, to wit:

District No. 1. Carole A. Fiola of Fall River
District No. 2. Kelly A. Timilty of Boston
District No. 3. Marilyn Petitto-Devaney of Watertown
District No. 4. Christopher A. Iannella, Jr. of Boston
District No. 5. Mary-Ellen Manning of Peabody
District No. 6. Michael J. Callahan of Medford
District No. 7. Thomas J. Foley of Worcester
District No. 8. Thomas T. Merrigan of Greenfield

The report was accepted and sent to the House.

Orders Adopted.

On motion of Mr. Eldridge,—

Ordered, That the Secretary of the Commonwealth give notice to Carole A. Fiola, Kelly A. Timilty, Marilyn M. Petitto-Devaney, Christopher A. Iannella, Jr., Mary-Ellen Manning, Michael J. Callahan, Thomas J. Foley and Thomas T. Merrigan, that they have been duly elected Councillors to advise the Governor in the executive part of the government.
Sent to the House for concurrence.

On motion of Ms. Chang-Diaz,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M.

On motion of Mr. Baddour, at eleven minutes before twelve o’clock noon, the Senate adjourned to meet on the following Monday at eleven o’clock A.M.