[HISTORY: Derived from MGL c. 43, §§ 1 through
55. Amendments noted where applicable.]
The following words as used in this chapter shall, unless the
context otherwise requires, have the following meanings:
"Officer", "officers" and "administrative officers", when used
without further qualification or description, any person or persons
in charge of any department or division of the city. The said words
when used in contrast with a board or members of a board, or with
division heads, shall mean any of the persons in sole charge of a
department of the city.
"Ordinance", a vote or order of the city council entitled "ordinance"
and designed for the permanent regulation of any matter within the
jurisdiction of the city council as laid down in this chapter.
"Plan A", a city government and legislative body composed of
the mayor and a city council, the councillors being elected at large.
"Plan B", a city government and legislative body composed of
a mayor and city council, the councillors being elected partly at
large and partly from districts or wards of the city.
"Plan C", a city government and legislative body composed of
a mayor and commissioners as hereinafter specified.
"Plan D", a city government and legislative body, to be known
as the city council, composed of seven or nine members, one of whom
shall be mayor and shall be the official head of the city, and an
administrative officer, called the city manager.
"Plan E", a city government and legislative body, to be known
as the city council, composed of seven or nine members, one of whom
shall be elected as mayor by and from such members and shall be the
official head of the city, and an administrative officer, called the
city manager; the members of the city council and the elective members
of the school committee to be elected at large by proportional representation.
"Plan F", a city government and legislative body composed of
a mayor and a city council, the councillors being elected partly at
large and partly from wards of the city, with the mayor and city councillors
to be nominated in party primaries.
"An optional plan of a city council and a school committee organization
in certain large cities", a legislative body, to be known as the city
council, composed of at least nine members or a school committee composed
of at least nine members, or both, elected from equally populous districts
and one member of the city council or of the school committee elected
at large for every one hundred and twenty thousand residents of the
city in excess of one hundred and fifty thousand residents, notwithstanding
its plan of government or charter.
"Elected at large", elected by and from all the voters of the
city.
"Proportional representation", any proportional representation
method of election authorized by sections ninety-three to one hundred
and sixteen, inclusive.
"Regular municipal election", the annual or biennial election
of municipal officers for which provision is made in this chapter.
Any city, except Boston, which shall adopt, in the manner hereinafter
prescribed, one of the plans of government provided in this chapter
shall thereafter be governed by the provisions thereof; and the inhabitants
of such city shall continue to be a municipal corporation under the
name existing at the time of such adoption, and shall have, exercise
and enjoy all the rights, immunities, powers and privileges, and be
subject to all the duties, liabilities and obligations provided for
in this chapter, or otherwise pertaining to or incumbent upon said
city as a municipal corporation; provided, however, that sections
one hundred and twenty-eight to one hundred and thirty-four, inclusive,
shall apply to all cities of one hundred and fifty thousand or more
inhabitants, as enumerated by the most recent federal decennial census
except any city which has adopted the Plan E method of city government.
None of the legislative powers of a city shall be abridged or
impaired by this chapter; but all such legislative powers shall be
possessed and exercised by such body as shall be the legislative body
of the city under this chapter.
Ordinances, resolutions, orders or other regulations of a city
or of any authorized body or official thereof, existing at the time
when such city adopts a plan of government set forth in this chapter,
shall continue in full force and effect until repealed, modified or
superseded.
Until superseded under this chapter, the organization of the
executive and administrative departments, and the powers and duties
of the officers and employees of any city adopting any of the plans
provided for in this chapter, and the fiscal year of such city shall
remain as constituted at the time of the adoption of such plan; but
the city council or other legislative body may at any time by ordinance,
consistent with general laws, reorganize, consolidate or abolish departments,
in whole or in part; transfer the duties, powers and appropriations
of one department to another, in whole or in part; establish new departments;
and increase, reduce, establish or abolish salaries of heads of departments
or members of boards. This section shall not authorize any action
in conflict with chapter thirty-one.
This section shall not authorize the city council in any city
which adopts Plan D or E to take any action to accomplish any result
not contemplated by the provisions of the said plans.
The territory of a city adopting any of the plans of government
provided for in this chapter shall continue to be divided into the
same number of wards existing at the time of such adoption, which
shall retain their boundaries until changed in accordance with general
law.
A petition addressed to the city council, signed by qualified
voters of the city to a number equal at least to ten per cent of the
registered voters at the state election next preceding the filing
of the petition and in the form provided in section eight may be filed
with the city clerk who shall forthwith transmit the same to the registrars
of voters, who shall within sixty days certify the signatures thereon
in accordance with the provisions of law and return the petition to
the city clerk.
The petition shall be filed with the city clerk at least one
hundred and forty days before the date of the election at which the
question proposed by the petition is to be submitted to a vote of
the voters.
The petition shall be substantially in the following form:
To the city council of the city of
We the undersigned, qualified voters of the city, respectfully
petition your honorable body to cause to be submitted to a vote of
the voters the following question: — "Shall the city
of adopt the form of government defined as Plan (A, B, C, D, E or
F, as it is desired by petitioners), and consisting of (describe plan
briefly, as government by a mayor and nine councillors elected at
large; or government by a mayor and councillors elected partly at
large and partly from wards or districts; or government by five commissioners,
one of whom shall be the mayor; or government by a city council, one
member of which shall be the mayor, and having a city manager; or
government by a city council to be elected at large by proportional
representation, one member of which shall be the mayor, and having
a city manager; or government by a mayor and councillors elected partly
at large and partly from wards or districts with the mayor and city
councillors to be nominated in party primaries and elected in party
elections, as the case may be), with elections to be held (in the
case of Plan A, B, or C, annually, or biennially in every odd numbered
year, as it is desired by petitioners, or, in the case of Plan D,
E or F, biennially in every odd numbered year) (and in the case of
Plan F) and the mayor and the members of the city council to receive
for their services such salary, not exceeding (in the case of a city
having a population of less than fifty thousand, $15,000 annually,
or, in the case of a city having a population of fifty thousand or
more, $20,000 annually) for the mayor and (in the case of a city having
a population of less than fifty thousand, $2,000 annually, or, in
the case of a city having a population of fifty thousand or more,
$3,000 annually) for a member of the city council, as the city council
may by ordinance determine, according to chapter forty-three of the
General Laws relating to city charters?"
The petition may be in the form of separate sheets, each sheet
containing at the top thereof the heading above set forth, and when
attached together and offered for filing the several papers shall
be deemed to constitute one petition, and there shall be endorsed
thereon the name and address of the person presenting the same for
filing.
In the case of a petition for the adoption of Plan A, B, C,
D or E, within seventy days after the petition has been filed with
him by the petitioners the city clerk shall, except as provided in
section ten, transmit a certified copy thereof to the city council,
except that the signatures upon the petition need not be copied but
in place thereof the city clerk shall state the number of signatures
of registered voters thereon, certified as such by the registrars
of voters. If any question arises as to the validity or sufficiency
of the petition or of the signatures thereon, any registered voter
of the city may appeal for a determination of said question to the
applicable board referred to in section twelve of chapter fifty-three,
by filing a notice of such appeal with the city council and with the
clerk of the board of registrars of voters within eighty days after
the date the petition was filed with the city clerk by the petitioners,
and the board so appealed to shall within thirty days render a decision
thereon. The board shall submit notice of its decision forthwith to
the city council.
Any person aggrieved by the decision of the board under this
section may appeal to the superior court sitting in equity, for the
county in which the city is located; provided, that such appeal is
filed in said court within ten days after such decision is rendered.
It shall hear all pertinent evidence and determine the facts and,
upon the facts as so determined, annul such decision if found to be
erroneous in law or not warranted by the evidence, or make such other
decree as justice and equity may require. The foregoing remedy shall
be exclusive, but the parties shall have all rights of appeal and
exception as in other equity cases.
No costs shall be allowed against the board unless the court
finds that it acted with gross negligence or in bad faith.
Within ten days after the expiration of said period of eighty
days, if no appeal has been taken, or after receipt of a decision
on any appeal in favor of the validity or sufficiency of such petition
or signatures, as the case may be, the city council shall, unless
the number of valid signatures certified to it is found to be less
than the number required by section seven, transmit such certified
copy to the city clerk. If said certified copy is so transmitted to
the city clerk at least thirty days before the regular city election,
the question proposed by the petition shall be submitted upon the
official ballot to a vote of the registered voters of the city at
said regular city election, otherwise it shall be submitted at the
regular city election next following the aforesaid election.
In the case of a petition for the adoption of Plan F, within
seventy days after such petition has been filed with him by the petitioners,
the city clerk shall, except as provided in section ten, transmit
a certified copy thereof to the city council, except that the signatures
upon the petition need not be copied but in place thereof the city
clerk shall state the number of signatures of registered voters thereon,
certified as such by the registrars of voters or the election commission.
If any question arises as to the validity or sufficiency of
the petition or of the signatures thereon, any registered voter of
the city may appeal to the state ballot law commission for a determination
of said question, by filing a notice of such appeal with the city
council and with the clerk of the election commission or the board
of registrars of voters within eighty days after the date the petition
was filed with the city clerk by the petitioners, and the state ballot
law commission shall give such petitioner a hearing on said question
and shall within thirty days render a decision thereon. Said commission
shall submit notice of its decision forthwith to the city council.
Any person aggrieved by the decision of the state ballot law
commission may appeal to the superior court sitting in equity for
the county in which the city is located; provided, that such appeal
is filed in said court ten days after such decision is rendered. The
court shall hear all pertinent evidence and determine the facts and,
upon the facts as so determined, annul such decision if found to be
erroneous in law or not warranted by the evidence, or make such other
decree as justice and equity may require.
Within ten days after the expiration of said period of eighty
days, if no appeal has been taken, or after receipt of a decision
on any appeal in favor of the validity or sufficiency of such petition
or signatures, as the case may be, the city council shall, unless
the number of valid signatures certified to it is found to be less
than the number required by section seven, transmit such certified
copy to the city clerk. If the said certified copy is so transmitted
to the city clerk at least thirty days before the regular city election
in the odd year, the question proposed by the petitioner shall be
submitted upon the official ballot to a vote of the registered voters
of the city at said regular city election; otherwise the city clerk
shall forthwith transmit such certified copy to the state secretary
who shall cause it to be placed upon the official ballot for use in
said city at the state election in the even year, next following the
aforesaid city election.
If the said certified copy is so transmitted to the city clerk
and then transmitted by him to the state secretary at least sixty
days before the regular state election in the even year, the question
proposed by the petitioner shall be caused to be placed by the state
secretary upon the official ballot for use in said city at the state
election in the even year; otherwise, the city clerk shall cause it
to be placed upon the official ballot for use in said city at the
regular city election in the odd year, next following the aforesaid
state election.
The question of the adoption of not more than one plan may be
submitted at an election. If, pending the determination of the question
proposed by petition already filed, another petition presenting the
question of the adoption of a different plan shall be presented for
filing with the city clerk, no action shall be taken upon the later
petition, except to file it, until after the submission to a vote
of the question proposed by the earlier petition. Should the result
of such vote be adverse thereto, proceedings shall then be had upon
the later petition as though it had been filed upon the day when such
vote on the earlier petition was cast.
If, pending the determination of the question proposed by a
petition already filed under chapter fifty-four A, a petition presenting
the question of the adoption of one of the plans provided for in this
chapter shall be presented for filing with the city clerk, no action
shall be taken upon the later petition, except to file it, until after
the submission to a vote of the question proposed by the petition
under said chapter fifty-four A. Should the result of such vote be
adverse thereto, proceedings shall then be had upon the later petition
as though it had been filed upon the day when such vote on the petition
under said chapter fifty-four A was cast.
If a majority of the total number of votes cast at a regular
city election for and against the adoption of one of the plans of
government provided for in this chapter shall be in favor of its adoption,
this chapter, so far as applicable to the form of government under
the plan adopted by the city, shall supersede the provisions of its
charter and of the general and special laws relating thereto and inconsistent
herewith, but not, however, until officers provided for under such
plan shall have been duly elected and their terms of office shall
have begun. The officers provided for under the plan so adopted shall
be elected in accordance with the provisions of this chapter relating
to such plan and in accordance with section fifteen, and their terms
of office shall begin at ten o'clock in the forenoon of the first
Monday of January following their election.
Should a majority of the votes cast be against the adoption
of the plan proposed, no petition proposing the same plan shall be
filed within four years thereafter; but a petition proposing the adoption
of one of the other plans provided for in this chapter may be filed
at any time thereafter, and, subject to section ten, proceedings thereon
shall be had as though no prior petition under this chapter had been
filed.
Should any plan provided for in this chapter be adopted, it
shall continue in force for at least four years from the beginning
of the terms of office of the officials elected thereunder; and no
petition proposing a different plan shall be filed until after three
years and six months from such adoption.
The mayor, the aldermen and the common council, the city council
or other legislative body, and the city clerk in office when any plan
set forth in this chapter has been adopted, or is proposed for adoption,
shall comply with all requirements of this chapter relating to such
proposed adoption and to the election of the officers specified in
said plan, in order that all things necessary for the nomination and
election of the officers first to be elected under the provisions
of this chapter and of the plan so adopted may be done.
After the adoption by any city of any plan provided for by this
chapter
(a)
If the plan adopted provides for annual elections, regular municipal
elections under said plan shall take place in the year following its
adoption, and thereafter, on the Tuesday next following the first
Monday of December in each year; provided, that if said city accepts
or has accepted section one hundred and three A of chapter fifty-four
all regular municipal elections under such plan following such acceptance
shall take place on the third Tuesday of December in each year;
(b)
If the plan adopted provides for elections to be held biennially
in every even-numbered year, the regular municipal election next succeeding
the adoption of such plan shall take place on the Tuesday following
the first Monday of December in the even-numbered year next succeeding
the year of its adoption, and regular municipal elections thereafter
shall take place on the Tuesday next following the first Monday of
December in every even-numbered year; provided, that in any such city
which accepts or has accepted said section one hundred and three A
all regular municipal elections under said plan following such acceptance
shall take place biennially on the third Tuesday of December in every
even-numbered year; and
(c)
If the plan adopted provides for elections to be held biennially
in every odd-numbered year, the first regular municipal election following
its adoption shall take place in the odd-numbered year next succeeding
the year of its adoption on the day fixed for the holding of such
elections under the laws in effect in such city immediately prior
to such adoption, and regular municipal elections thereafter shall
take place in every odd-numbered year on the day fixed as aforesaid;
provided, that in any city which adopts Plan E all regular municipal
elections shall take place as provided in section one hundred and
nine.
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In each city adopting any plan provided for by this chapter,
the municipal year shall begin and end at ten o'clock in the
morning of the first Monday of January in each year.
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No primary or caucus for municipal officers shall be held, except
in a city under Plan F. Candidates for mayor, city council and school
committee, and assessors, if elected by the people, shall, except
in a city under Plan F, be nominated in accordance with section six
of chapter fifty-three.
The city primary and election under Plan F shall, except as
otherwise provided in this chapter, be conducted under the provisions
of the statutes of the commonwealth relating to party primaries and
elections. The city primary shall be held on the sixth Tuesday preceding
the regular city election. At said primary each political party shall
place in nomination a candidate for mayor, six candidates for school
committeeman, as many candidates for councillor-at-large as there
are councillors-at-large to be elected, and a candidate for councillor
from each ward of the city. There shall not be printed on the ballot
at such city primary the name of any person as a candidate for nomination
for the office of mayor, school committee, or city councillor, unless
a certificate from the registrars of voters of the city wherein such
person is a registered voter that he is enrolled as a member of the
political party whose nomination he seeks is filed with the city clerk
on or before the last day for filing nomination papers.
Nominations of candidates, other than party nominations for
any offices to be filled at a city election may be made by nomination
papers containing the name of the candidate, his residence with street
and number, if any, the office for which he is nominated and the principle,
if any, which he represents in not more than three words. If a candidate
is nominated otherwise than by a political party, the name of a political
party shall not be used in his political designation, nor shall the
name of any organization which has been adjudicated subversive under
section 18 of chapter 264, be used in his political designation.
Such nomination papers shall be signed in the aggregate by not
less than such number of voters as will equal three per cent of the
entire vote cast for governor at the preceding biennial state election
in the electoral district or division for which the officers are to
be elected, but in no event by less than fifty voters.
A nomination paper for city office shall be filed with the city
clerk by a responsible person who shall sign his name and address.
The written acceptance of the candidate shall be filed therewith.
Such independent nomination papers for city offices shall be
filed not later than the last day fixed for the filing of party nomination
papers for the city primaries.
On the first Monday in January following a regular municipal
election, at ten o'clock in the forenoon, the mayor-elect if
elected by the people, the councillors-elect, and the assessors-elect
if elected by the people, shall meet and be sworn to the faithful
discharge of their duties. The oath may be administered by the city
clerk or by a justice of the peace, and a certificate thereof shall
be entered in the journal of the city council. At any regular council
meeting thereafter the oath may be administered in the presence of
the city council to the mayor, or to any councillor absent from the
meeting on the first Monday in January; provided, that, under Plan
E, the oath may be so administered to the mayor and vice-chairman
at the same meeting at which they are respectively elected.
The mayor or city manager and the members of the city council
shall receive for their services such salary as the city council shall
by ordinance determine, and they shall receive no other compensation
from the city, except that a member of a city or town council in a
municipality with a city or town council form of government may receive
a salary for serving as a municipal employee of said municipality
in lieu of receiving compensation for serving as a member of said
council. No increase or reduction in the salaries of mayor or city
councillors shall take effect during the year in which such increase
or reduction is voted, and no change in such salaries shall be made
between the election of a new council and the qualification of the
new council. The provisions of this section shall not be applicable
in a city under Plan F.
In a city under Plan F the mayor and the members of the city
council shall receive for their services such salary as the city council
shall by ordinance determine, and they shall receive no other compensation
from the city. The compensation for the mayor shall not exceed fifteen
thousand dollars annually in cities having a population of less than
fifty thousand or twenty thousand dollars annually in cities having
a population of fifty thousand or more. The compensation for city
councillors shall not exceed two thousand dollars annually in cities
having a population of less than fifty thousand, or three thousand
dollars annually in cities having a population of fifty thousand or
more.
Upon the filing with the city clerk of a petition, which petition
shall be subject to the provisions of section seven or section seven
A of chapter fifty-three, signed by at least five per cent of the
number of registered voters residing in the city at the last regular
city election, the city clerk shall place upon the ballot for the
next regular city election to be held not less than sixty days after
the date of the filing of such petitions the following question: —
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YES.
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"Shall the term of office of mayor of the city
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of __________ be four years?"
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NO.
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If a majority of the votes cast in answer to said question is
in the affirmative, the term of office of the mayor of said city shall
thereafter be for four years and until the election and qualification
of his successor, beginning with the next regular city election following
the acceptance of this question.
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This section shall apply only in cities which have adopted Plan
A, Plan B or Plan F under this chapter and in cities which have, under
the provisions of any special act or any charter adopted under the
provisions of Article LXXXIX of the Amendments to the Constitution,
a mayor, as defined in subsection (a) of section ten of chapter forty-three
B.
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The provisions of this section shall be applicable notwithstanding
the provisions of section eighteen of said chapter forty-three B.
Nothing contained herein shall be construed to prevent the amendment
of a city charter by any method available under said Article LXXXIX
of the Amendments to the Constitution or under said chapter forty-three
B.
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In any city in which the term of office of mayor is four years
under the provisions of section seventeen C, upon the filing with
the city clerk of a petition, which petition shall be subject to the
provisions of section seven or section seven A of chapter fifty-three,
signed by at least five per cent of the number of registered voters
residing in said city at the last regular city election, the city
clerk shall place upon the ballot for the next regular city election
to be held not less than sixty days after the date of the filing of
such petitions the following question: —
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YES.
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"Shall the term of office of mayor of the city
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of __________ be four years?"
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NO.
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If a majority of the votes cast in answer to said question is
in the affirmative, the term of office of the mayor of said city shall
thereafter be for two years and until the election and qualification
of his successor, beginning with the next regular city election following
the acceptance of this question.
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Except as otherwise provided in this section, the legislative
powers of the city council may be exercised as provided by ordinance
or rule adopted by it.
1.
Every member of the council may vote on any question coming before
it. A majority of the council shall constitute a quorum, and the affirmative
vote of a majority of all the members of the council shall be necessary
to adopt any motion, resolution or ordinance.
2.
The city council shall, from time to time, establish rules for its
proceedings. Regular and special meetings of the council shall be
held at a time and place fixed by ordinance. Except as otherwise authorized
by section twenty-three A of chapter thirty-nine, all sessions of
the council shall be open to the public and to the press, and every
matter coming before the council for action shall be put to a vote,
the result of which shall be duly recorded. A full and accurate journal
of the proceedings of the council shall be kept, and shall be open
to the inspection of any registered voter of the city.
3.
The council shall, by a majority vote, elect a city clerk to hold
office for three years and until his successor is qualified. He shall
have such powers and perform such duties as the council may prescribe,
in addition to such duties as may be prescribed by law. He shall keep
the records of the meetings of the council.
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The person holding the office of city clerk at the time when
any of the plans set forth in this chapter has been adopted by such
city shall continue to hold office for the term for which he was elected
and until his successor is qualified.
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4.
The council in any city adopting Plan D or E shall, by a majority
vote, elect a city auditor to hold office for three years and until
his successor is qualified. He shall keep and have charge of the accounts
of the city and from time to time audit the books and accounts of
all departments, commissions, boards and offices of the city, and
shall have such other powers and perform such other duties as the
council may prescribe, in addition to such duties as may be prescribed
by law.
The city council at any time may request from the mayor, or,
under Plan D or E, from the city manager, specific information on
any municipal matter within its jurisdiction, and may request him
to be present to answer written questions relating thereto at a meeting
to be held not earlier than one week from the date of the receipt
by the mayor, or, under Plan D or E, by the city manager, of said
questions. The mayor, or, under Plan D or E, the city manager, shall
personally, or through the head of a department or a member of a board,
attend such meeting and publicly answer all such questions. The person
so attending shall not be obliged to answer questions relating to
any other matter. The mayor, or, under Plan D or E, the city manager,
may attend and address the city council in person or through the head
of a department, or a member of a board, upon any subject.
No ordinance shall be passed finally on the date on which it
is introduced, except in cases of special emergency involving the
health or safety of the people or their property.
No ordinance shall be regarded as an emergency measure unless
the emergency is defined and declared in a preamble thereto separately
voted on and receiving the affirmative vote of two thirds of the members
of the city council.
No ordinance making a grant, renewal or extension, whatever
its kind or nature, of any franchise or special privilege shall be
passed as an emergency measure, and except as provided in sections
seventy and seventy-one of chapter one hundred and sixty-four and
in chapter one hundred and sixty-six, no such grant, renewal or extension
shall be made otherwise than by ordinance.
No ordinance shall be amended or repealed except by an ordinance
adopted in accordance with this chapter.
Any ordinance, order or resolution may be passed through all
its stages of legislation at one session, provided that no member
of the council objects thereto; but if any member of the council objects,
the measure shall be postponed for that meeting.
Every proposed ordinance or loan order, except emergency measures
as hereinbefore defined and revenue loan orders, shall be published
once in full in at least one newspaper of the city, and in any additional
manner that may be provided by ordinance, at least ten days before
its final passage, provided, that if any ordinance or proposed ordinance,
or codification of ordinances or proposed ordinances, shall exceed
in length eight octavo pages of ordinary book print, then, in lieu
of the advertising required by this section, the same may be published
by the city council in a municipal bulletin or printed pamphlet, and
if so published in full at least ten days before its final passage,
said publication shall be deemed sufficient without the newspaper
publication as herein required.
All official bonds, recognizances, obligations, contracts and
other instruments entered into or executed by or to the city before
its adoption of a plan provided by this chapter, and all taxes, special
assessments, fines, penalties, forfeitures incurred or imposed, due
or owing to the city, shall be enforced and collected, and all writs,
prosecutions, actions and causes of action, except as herein otherwise
provided, shall continue without abatement and remain unaffected by
this chapter; and no legal act done by or in favor of the city shall
be rendered invalid by its adoption of a plan provided by this chapter.
The civil service laws shall not apply to the appointment of
the mayor's secretaries or of the stenographers, clerks, telephone
operators and messengers connected with his office, and the mayor
may remove such appointees without a hearing and without making a
statement of the cause of their removal.
Except as otherwise provided in sections fifty A, fifty-nine
A, eighty-six, one hundred and two and one hundred and twenty-one,
if a vacancy occurs in the office of the mayor or city council before
the last six months of the term of office, the city council shall
order an election for a mayor or a member of the council to serve
for the unexpired term; and if such vacancy occurs in the office of
mayor in the last six months of the term, the president of the city
council shall succeed to said office for the unexpired term. If the
mayor is absent or unable from any cause temporarily to perform his
duties they shall be performed by the president of the city council.
The person upon whom such duties shall devolve shall be called "acting
mayor", and he shall possess the powers of mayor only in matters not
admitting of delay, but shall have no power to make permanent appointments.
Whenever, under Plan C, any councillor shall be temporarily
unable for any cause to perform the duties of his office, the council
may appoint one of its members to exercise his powers and perform
his duties during such disability. Should an appointive officer of
the city be temporarily unable for any cause to perform his duties,
the council or the mayor, having the power of original appointment,
may make a temporary appointment of some person to act until such
official resumes his duties.
No mayor or member of the city council or school committee and
no officer or employee of the city shall directly or indirectly make
a contract with the city, or receive any commission, discount, bonus,
gift, contribution, or reward from or any share in the profits of
any person making or performing such contract, unless the mayor, such
member, officer or employee, immediately upon learning of the existence
of such contract, or that such contract is proposed, shall notify
in writing the mayor, city council or school committee of the nature
of his interest in such contract, and shall abstain from doing any
official act on behalf of the city in reference thereto. In case of
such interest on the part of an officer whose duty it is to sign such
contract on behalf of the city, the contract may be signed by any
other officer of the city duly authorized thereto by the mayor, or
if the mayor has such interest, by the city clerk; provided, that
when a contractor with the city is a corporation or a voluntary stock
association, the ownership of less than five per cent of the stock
or shares actually issued shall not be considered as involving an
interest in the contract within the meaning of this section, and such
ownership shall not affect the validity of the contract unless the
owner of such stock or shares is also an officer or agent of the corporation
or association, or solicits or takes part in the making of the contract.
A violation of any provision of this section shall render the
contract in respect to which such violation occurs voidable at the
option of the city. Any person violating the provisions of this section
shall be punished by a fine of not more than one thousand dollars,
or by imprisonment for not more than one year, or both.
All contracts made by any department, board or commission where
the amount involved is five thousand dollars or more shall be in writing,
and no such contract shall be deemed to have been made or executed
until the approval of the mayor under Plan A, B, C or F, or of the
city manager under Plan D or E, and also of the officer or the head
of the department or of the chairman of the board, as the case may
be, making the contract is affixed thereto. Any contract made as aforesaid
may be required to be accompanied by a bond with sureties satisfactory
to the board or official having the matter in charge, or by a deposit
of money, certified check or other security for the faithful performance
thereof, and such bonds or other securities shall be deposited with
the city treasurer until the contract has been carried out in all
respects; and no such contract shall be altered except by a written
agreement of the contractor, the sureties on his bond, if any, and
the officer, department or board, as the case may be, making the contract,
with the approval of the mayor under Plan A, B, C, D or F, or of the
city manager under Plan E, affixed thereto. Any cash deposit or check
payable to a city received as security for performance under this
section may be deposited by said treasurer in any bank or trust company
under a separate account to be known as a performance deposit account.
The provisions of this section shall be deemed to have been
complied with on all purchases made under the provisions of sections
twenty-two A and twenty-two B of chapter seven when one municipality
acting on behalf of other municipalities complies with the provisions
of this section, or when purchases are made from a vendor holding
a contract with the commonwealth for the item or items being purchased.
At the request of any department, and with the approval of the
mayor and city council under Plan A, B, C or F, or with the approval
of the city manager and the city council under Plan D or E, the city
council may, in the name of the city, purchase, or take by eminent
domain, under chapter seventy-nine, any land within its limits for
any municipal purpose, and, without the request of any department,
but with like approval, the city council may, in the name of the city,
purchase or take by eminent domain, under chapter seventy-nine, any
land within its limits for the purpose of conveying the same, with
or without consideration, to the commonwealth for the use of a regional
community college. Whenever the price proposed to be paid for land
for any municipal purpose is more than twenty-five per cent higher
than its average assessed valuation during the previous three years
the land shall not be purchased, but shall be taken as aforesaid.
No land shall be taken or purchased until an appropriation by loan
or otherwise for the general purpose for which land is needed has
been made by the city council, by a two thirds vote of all its members;
nor shall a price be paid in excess of the appropriation, unless a
larger sum is awarded by a court of competent jurisdiction. All proceedings
in the taking of land shall be under the advice of the law department,
and a record thereof shall be kept by said department.
The school committee shall consist of the mayor, who shall be
the chairman, and six members elected at large. At the first regular
municipal election held in any city after its adoption of one of the
plans provided in this chapter, there shall be elected, except as
provided in this section, two members to serve for one year, two for
two years and two for three years, and annually thereafter there shall
be elected two members to serve for three years. If the plan adopted
provides for elections to be held biennially, there shall, except
under Plan E or F, be elected at the first regular municipal election
held under the provisions of such plan, three members to serve for
two years and three members to serve for four years, and biennially
thereafter three members to serve for four years. After the adoption
of Plan E by a city, the six members other than the mayor shall be
elected at large for terms of two years each by proportional representation
as hereinafter provided.
The school committee shall elect a superintendent of schools
annually, except as provided in section forty-one of chapter seventy-one,
and may, under chapter thirty-one, appoint, suspend or remove at pleasure
such subordinate officers or assistants, including janitors of school
buildings, as it may deem necessary for the proper discharge of its
duties and the conduct of its business; it shall define their terms
of service and their duties, and shall fix their compensation. No
member of the school committee shall, while a member thereof, hold
any other office or position in the school department the salary or
compensation for which is payable out of the city treasury. The committee
shall organize annually on the first Monday in January, and shall
elect one of its members as vice chairman, who shall preside at all
meetings of the committee at which the mayor is not present.
Except as otherwise provided in this chapter and subject to
any laws which limit the amount of money that may be appropriated
in any city for school purposes, the school committee, in addition
to the powers and duties conferred and imposed by law on school committees,
may provide, when necessary, temporary accommodations for school purposes,
may make all repairs, the expenditures for which are made from the
regular appropriation for the school department, shall have control
of all school buildings and grounds connected therewith and shall
make all reasonable rules and regulations, consistent with law, for
the management of the public schools of the city and for conducting
the business of the committee.
No site for a school building shall be acquired by the city
unless the approval of the site by the school committee is first obtained.
No plans for the construction of or alterations in a school building
shall be accepted, and no work shall be begun on the construction
or alteration of a school building, unless with the approval of the
school committee and the mayor under Plan A, B, C or F or with the
approval of the school committee and the city manager under Plan D
or E. The mayor or, in a city under Plan D or E, the city manager
shall notify the school committee in writing prior to or at the time
of each change in plans after work is begun. This section shall not
require such approval for the making of ordinary repairs.
All meetings of the school committee shall be open to the press
and to the public, except as otherwise authorized by section twenty-three
A of chapter thirty-nine. The vote on any particular measure shall
be by yeas and nays, when requested by two members.
Except as provided in this section, if a vacancy occurs in the
school committee by failure to elect, or otherwise, the city council
and the remaining members of the school committee shall meet in joint
convention and elect a suitable person to fill the vacancy until the
first Monday in January following the next regular municipal election;
and, if there would be a vacancy on said first Monday, it shall be
filled at such regular municipal election for the balance of the unexpired
term. The mayor, if present, shall preside at the convention.
Whenever under Plan E a vacancy occurs in the school committee
by failure to elect, or otherwise, such vacancy shall be filled as
provided in section one hundred and two.
A petition conforming to the requirements hereinafter provided
and requesting the city council to pass a measure, except an order
granted under section seventy or seventy-one of chapter one hundred
and sixty-four or chapter one hundred and sixty-six, or requesting
the school committee to pass a measure, therein set forth or designated,
shall be termed an initiative petition, and shall be acted upon as
hereinafter provided. In this and the eight following sections, "measure"
shall mean an ordinance, resolution, order or vote passed by a city
council, or a resolution, order or vote passed by a school committee,
as the case may be.
Signatures to initiative petitions need not be all on one paper.
The papers constituting a petition shall be filed in the office of
the city clerk, with the endorsement thereon of the names and addresses
of three persons designated as filing the same, but all the papers
need not be filed at the same time. The petition shall be considered
filed whenever the designated persons notify the board in writing
that the filing is complete. Before receiving such notice, the registrars
of voters may, but shall not be required to, certify signatures on
the papers already filed. With each signature to the petition shall
be stated the place of residence of the signer, giving the street
and number, if any.
Within five days after the filing of said petition the registrars
of voters shall ascertain by what number of registered voters the
petition is signed, and what percentage that number is of the total
number of registered voters, and shall attach thereto their certificate
showing the result of such examination.
The city clerk shall forthwith transmit the said certificate
with the said petition to the city council or to the school committee,
according as the petition is addressed, and at the same time shall
send a copy of said certificate to one or more of the persons designated
on the petition as filing the same.
When such certificate has been so transmitted, said petition
shall be deemed to be valid unless written objections are made thereto
by a registered voter of the city within forty-eight hours after such
certification by filing such objections with the city council or the
school committee, and a copy thereof with the registrars of voters
or the board or commission having similar duties. Section seven of
chapter fifty-five B shall apply to such objections, and the board
of registration of voters shall transmit a copy of its decision to
the city council or school committee.
If any initiative petition is signed by registered voters equal
in number to at least fifteen per cent of the whole number of registered
voters:
(1)
the city council or the school committee shall, within twenty days
after the date of the certificate of the registrars to that effect,
pass said measure without alteration, subject to the referendum vote
provided by this chapter, or
(2)
the city clerk shall call a special election to be held on a Tuesday
fixed by said clerk not less than thirty nor more than forty-five
days after the date of qualification, and shall submit the proposed
measure without alteration to a vote of the registered voters of the
city at that election; provided, however, that if any city election
is otherwise to occur within ninety days after the date of qualification,
the city clerk may, at his discretion, omit calling the special election
and submit the proposed measure to the voters at such approaching
election.
If an initiative petition is signed by registered voters equal
in number to at least eight per cent but less than fifteen per cent
of the total number of registered voters, and said measure is not
passed without alteration within twenty days by the city council or
the school committee, as provided in the preceding section, such proposed
measure, without alteration, shall be submitted by the city clerk
to a vote of the registered voters of the city at the next regular
municipal election which occurs at least thirty days after the date
of qualification. As used in this section and section thirty-nine,
"date of qualification" shall mean the twentieth day after the date
of the certificate of the registrars, or the day on which the city
council or school committee finally decides not to pass the measure
without alteration, whichever day occurs first. A proposed measure
under this section or section thirty-nine shall become effective if
it shall be approved by registered voters of the city equal in number
to one third of the whole number thereof and also by a majority of
the voters voting on such measure, but not otherwise.
The ballots used when voting upon a proposed measure under section
thirty-nine or forty, or a measure or part thereof protested against
under the following section, shall contain only a fair, concise summary
of the measure, as determined by the city solicitor, which shall follow
the question, "Do you approve of a measure summarized below?"
If, within twenty days after the final passage of any measure,
except a revenue loan order, by the city council or by the school
committee, a petition signed by registered voters of the city, equal
in number to at least twelve percent of the total number of registered
voters, and addressed to the city council or to the school committee,
as the case may be, protesting against such measure or any part thereof
taking effect, is filed with the city clerk, the same shall thereupon
and thereby be suspended from taking effect; and the city council
or the school committee, as the case may be, shall immediately reconsider
such measure or part thereof; and if such measure or part thereof
is not entirely rescinded within twenty days after the date of the
certificate of the registrars, the city clerk shall submit the same,
by the method herein provided, to a vote of the registered voters
of the city, either at the next regular city election not less than
thirty days after said twentieth day, or at a special election which
the city council may, in its discretion, call for the purpose, and
such measure or part thereof shall forthwith become null and void
unless a majority of the registered voters voting on the same at such
election vote in favor thereof.
The petition described in this section shall be termed a referendum
petition and section thirty-eight shall apply to the procedure in
respect thereto, except that the words "measure or part thereof protested
against" shall for this purpose be understood to replace "measure"
in said section wherever it may occur, and "referendum" shall be understood
to replace the word "initiative" in said section.
The city council may, of its own motion, and shall, upon request
of the school committee if a measure originates with that committee
and pertains to the affairs under its administration, submit to a
vote of the registered voters of the city for adoption or rejection
at a general or special city election any proposed measure, or a proposition
for the repeal or amendment of any measure, in the same manner and
with the same force and effect as are hereby provided for submission
on petition.
If two or more proposed measures passed at the same election
contain conflicting provisions, only the one receiving the greater
number of affirmative votes shall take effect.
In every city, governed on September first, nineteen hundred
and twenty-two, by any plan provided by this chapter, which accepts
sections forty-four A to forty-four G, inclusive, in the manner provided
by section forty-four H, and in every city, except Boston, which,
after said date adopts any such plan, except Plan E or F, in the manner
provided in this chapter, the provisions of sections forty-four A
to forty-four G, inclusive, shall apply. In such a city, on the fourth
Tuesday preceding every regular or special city election, unless the
mayor and aldermen fix an earlier day under section one hundred and
three P of chapter fifty-four, there shall be held, except as otherwise
provided in section forty-four G, a preliminary election for the purpose
of nominating candidates therefor, and section sixteen shall not apply.
Notices or warrants for regular, preliminary and special elections
shall specify by name all the offices to be voted for and state, in
the form in which it will appear upon the ballot, any question submitted
to the voters. They shall specify the time when the polls will be
opened and when the polls will be closed. The polls at such elections
shall be open during such hours as the city council may prescribe;
provided, that they shall be opened not earlier than fifteen minutes
before six o'clock in the forenoon nor later than ten o'clock
in the forenoon and shall be kept open at least six hours, but in
no event later than eight o'clock in the evening. The ballots
to be used at such elections shall be governed by the provisions of
section forty-nine.
Except as otherwise provided in section forty-four G, there
shall not be printed on the official ballot to be used at any regular
or special election the name of any person as a candidate for any
office unless such person has been nominated as such at a preliminary
election for nomination, held as provided in sections forty-four A
to forty-four G, inclusive. There shall not be printed on the official
ballot for use at such preliminary election the name of any candidate
for nomination at such election, unless he shall have filed, within
the time limited by section forty-four C, the statement and petition
therein described.
Any person who is qualified to vote for a candidate for any
elective municipal office and who is a candidate for nomination thereto,
shall be entitled to have his name as such candidate printed on the
official ballot to be used at a preliminary election; provided, that
within the time prescribed by section ten of chapter fifty-three in
the case of preliminary elections in cities he shall file with the
city clerk a statement in writing of his candidacy, and with it the
petition of at least fifty voters, qualified to vote for a candidate
for the said office. Said statement and petition shall be in substantially
the following form: —
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STATEMENT OF CANDIDATE
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I (), on oath declare that I reside at (number if any) on (name
of street) in the city of; that I am a voter therein, qualified to
vote for a candidate for the hereinafter mentioned office; that I
am a candidate for the office of (name of office) for (state the term)
to be vote for at the preliminary election to be held on Tuesday,
the day of, nineteen hundred and, and I request that my name be printed
as such candidate on the official ballot for use at said preliminary
election.
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(Signed)
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Commonwealth of Massachusetts,
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Subscribed and sworn to on this day of, nineteen hundred and
before me,
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(Signed) Justice of the Peace, or (Notary Public).
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PETITION ACCOMPANYING STATEMENT OF CANDIDATE
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Whereas (name of candidate) is a candidate for nomination for
the office of (state the office) for (state the term), we, the undersigned,
voters of the city of, duly qualified to vote for a candidate for
said office, do hereby request that the name of said (name of candidate)
as a candidate for nomination for said office be printed on the official
ballot to be used at the preliminary election to be held on the Tuesday
of, nineteen hundred and .
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We further state that we believe him to be of good moral character
and qualified to perform the duties of the office.
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No acceptance by the candidate for nomination named in the said
petition shall be necessary to its validity or its filing, and the
petition, which may be on one or more papers, need not be sworn to.
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On the first day, other than Sunday or a legal holiday, following
the expiration of the time for filing the above described statement
and petition, the city clerk shall post in a conspicuous place in
the city hall the names and residences of the candidates for nomination
who have duly qualified as candidates for nomination, as they are
to appear on the official ballots to be used at the preliminary election,
except as to the order of the names, and shall cause the ballots which
shall contain said names, in their order as drawn by the clerk, and
no others, with a designation of residence, and of the office and
term of service, to be printed, and the ballots so printed shall be
official and no others shall be used at the preliminary election.
In drawing for position on the ballot the candidates shall have an
opportunity to be present in person or by one representative each.
Blank spaces shall be left at the end of each list of candidates for
nomination for the different offices equal to the number to be nominated
therefor, in which the voter may insert the name of any person not
printed on the ballot for whom he desires to vote for nomination for
such office. There shall be printed on such ballots such directions
as will aid the voter, as, for example: "vote for one", "vote for
two", and the like, and the ballots shall be headed as follows: —
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OFFICIAL PRELIMINARY BALLOT
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Candidates for nomination for the offices of () in the city
of at a preliminary election to be held on the day of in the year
nineteen hundred and .
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(The heading shall be varied in accordance with the offices
for which nominations are to be made.)
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The election officers shall, immediately upon the closing of
the polls at preliminary elections, count the ballots and ascertain
the number of votes cast in the several voting places for each candidate,
and forthwith make return thereof upon blanks to be furnished, as
in regular elections, to the city clerk who shall canvass said returns
and shall forthwith determine the result thereof, insert the same
in one or more newspapers published in the city, and post the same
in a conspicuous place in the city hall.
The two persons receiving at a preliminary election the highest
number of votes for nomination for an office shall, except as provided
by section forty-four G, be the sole candidates for that office whose
names may be printed on the official ballot to be used at the regular
or special election at which such office is to be filled, and no acceptance
of a nomination at a preliminary election shall be necessary to its
validity; provided, however, that a person nominated at a preliminary
election may withdraw his name from nomination by a request signed
and duly acknowledged by him and filed with the city or town clerk
within six days succeeding five o'clock in the afternoon of the
day of holding such preliminary election. Such nominee shall be replaced
by the candidate with the next highest number of votes in said preliminary,
unless otherwise provided by the charter or by-laws of the city or
town.
If two or more persons are to be elected to the same office
at such regular or special election the several persons in number
equal to twice the number so to be elected receiving at such preliminary
election the highest number of votes for nomination for that office
shall, except as provided by section forty-four G, be the sole candidates
for that office whose names may be printed on the official ballot.
If the preliminary election results in a tie vote among candidates
for nomination receiving the lowest number of votes, which, but for
said tie vote, would entitle a person receiving the same to have his
name printed upon the official ballot for the election, all candidates
participating in said tie vote shall have their names printed upon
the official ballot, although in consequence there be printed thereon
candidates to a number exceeding twice the number to be elected.
If at the expiration of the time for filing statements of candidates
to be voted for at any preliminary election not more than twice as
many such statements have been filed with the city clerk for an office
as are to be elected to such office, the candidates whose statements
have thus been filed shall be deemed to have been nominated to said
office, and their names shall be voted on for such office at the succeeding
regular or special election, as the case may be, and the city clerk
shall not print said names upon the ballot to be used at said preliminary
election and no other nomination to said office shall be made. If
in consequence it shall appear that no names are to be printed upon
the official ballot to be used at any preliminary election in any
ward or wards of the city, no preliminary election shall be held in
any such ward or wards.
If, in a city governed on September first, nineteen hundred
and twenty-two, by one of the plans provided by this chapter, there
is filed with the city clerk, not later than one month before a regular
city election, a petition conforming so far as possible to the provisions
of sections eight and nine, requesting that such city accept the provisions
of sections forty-four A to forty-four G, inclusive, and bearing the
signatures of registered voters thereof, duly certified by the registrars
of voters, to a number equal to at least ten per cent of the registered
voters thereof at the biennial state election next preceding such
filing, the following question shall be placed upon the official ballot
to be used in such city at the next regular city election: — "Shall
sections forty-four A to forty-four G. inclusive, of chapter forty-three
of the General Laws, relative to the nomination by preliminary elections
of candidates for elective municipal offices in cities governed under
a standard form of city charter, be accepted by the city of?" If a
majority of the voters voting thereon in such city vote in the affirmative,
said sections shall take effect therein.
Sections one to forty-four G, inclusive, shall, upon the adoption
by any city of any of the plans hereinafter set forth, apply to the
plan so adopted, except as is otherwise provided in such plan.
The method of city government provided for in the ten following
sections shall be known as Plan A.
Upon the adoption of Plan A, it shall become operative as provided
in sections one to forty-five, inclusive.
There shall be a mayor, elected by and from the qualified voters
of the city, who shall be the chief executive officer of the city.
He shall hold office for the term of two years from the first Monday
of January following his election, and until his successor is qualified.
No ballot used at any annual, biennial or special city election
shall have printed thereon any party or political designation or mark,
and there shall not be appended to the name of any candidate any such
party or political designation or mark, or anything showing how he
was nominated or indicating his views or opinions.
The legislative powers of the city shall be vested in a city
council, consisting of nine persons, elected at large by and from
the qualified voters of the city. One of its members shall be elected
by the council annually as its president. At the first election held
in a city after its adoption of Plan A, except as otherwise provided
in this section, the five candidates receiving the largest number
of votes shall hold office for two years, and the four receiving the
next largest number of votes shall hold office for one year. Thereafter,
as these terms expire, there shall be elected at each annual city
election a sufficient number of members to fill the vacancies created
by the expiration of said terms, each member so elected to serve for
two years.
If the plan adopted provides for elections to be held biennially,
at the first regular municipal election held under the provisions
of such plan and at each biennial election thereafter, there shall
be elected nine members of the city council to serve for two years
from the first day of January following their election and until their
successors are qualified.
Vacancies in the city council shall be filled by the remaining
members thereof for the remainder of the unexpired term.
Upon the adoption of Plan A, all heads of departments and members
of municipal boards, except the school committee, officials appointed
by the governor, and assessors if elected by vote of the people, as
their terms of office expire, shall be appointed by the mayor without
confirmation by the city council.
In making his appointments the mayor shall sign and file with
the city clerk a certificate in the following form:
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CERTIFICATE OF APPOINTMENT
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I appoint (name of appointee) to the position of (name of office),
and I certify that in my opinion he is a recognized expert in the
work which will devolve upon him, and that I make the appointment
solely in the interest of the city.
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Mayor.
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or in the following form, as the case may be:
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CERTIFICATE OF APPOINTMENT
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I appoint (name of appointee) to the position of (name of office),
and I certify that in my opinion he is a person specially fitted by
education, training or experience to perform the duties of said office,
and that I make the appointment solely in the interest of the city.
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Mayor.
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The mayor may remove the head of a department or member of a
board by filing a written statement with the city clerk setting forth
in detail the specific reasons therefor, a copy of which shall be
delivered or mailed to the person thus removed, who may make a written
reply, which, if he desires, may be filed with the city clerk; but
such reply shall not affect the action taken unless the mayor so determines.
This section shall not apply to the school committee, or to officials
appointed by the governor, or to assessors if elected by the people.
Every order, ordinance, resolution and vote relative to the
affairs of the city, adopted or passed by the city council, shall
be presented to the mayor for his approval. If he approves it he shall
sign it; if he disapproves it he shall return it, with his written
objections, to the city council, which shall enter the objections
at large on its records, and again consider it. If the city council,
notwithstanding such disapproval of the mayor, shall again pass such
order, ordinance, resolution or vote by a two thirds vote of all its
members, it shall then be in force, but such vote shall not be taken
for seven days after its return to the city council. Every such order,
ordinance, resolution and vote shall be in force if not returned by
the mayor within ten days after it has been presented to him. This
section shall not apply to budgets submitted under section thirty-two
of chapter forty-four or to appropriations by a city council under
section thirty-three of said chapter.
