Set out herein are the provisions of §§ 1 to
55, of Chapter 43 of the General Laws of the Commonwealth, as amended
to the date of this publication.
(Chapter 43, General Laws, as Amended.)
General Provisions.
[1]
Editor's Note: The Plan A form of government was accepted
by the City of North Adams at the city election held November 2, 1965.
[1915, 267, I, § 1; 1922, 237, § 1; 1938,
378, § 1; 1948, 459, § 1; 1959, 448, § 1,
approved. Aug. 10, 1959; effective 90 days thereafter.]
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
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.
"Elected at large", elected by and from all the voters of the
city.
"Proportional representation", any proportional representation
method of election authorized by sections 93 to 116, inclusive.
"Regular municipal election", the annual or biennial election
of municipal officers for which provision is made in this chapter.
[1915, 267, I, § 2]
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 duties, liabilities and obligations provided for in
this chapter, or otherwise pertaining to or incumbent upon said city
as a municipal corporation.
[1915, 267, I, § 3]
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.
[1915, 267, I, § 4]
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.
[1915, 267, I, § 5; 1938, 378, § 2; 1948,
459, § 2]
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 31.
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.
[1915, 267, 1, § 6]
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.
[1915, 267, I, § 7; 1939, 451, § 8; 1948,
459, § 3; 1954, 67]
A petition addressed to the city council, signed by qualified
voters of the city to a number equal at least to 10% of the registered
voters it the state election next preceding the filing of the petition
and in the form provided in section 8 may be filed with the city clerk
who shall forthwith transmit the same to the registrars of voters,
who shall within 60 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 140
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.
[1915, 267, I, § 8; 1922, 237, § 2; 1938,
378, § 3; 1948, 459, § 4; 1959, 448, § 2,
approved Aug. 10, 1959; effective 90 days thereafter.]
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 or 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 the 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 city having a population of less than 50,000 $15,000 annually,
or, in the case of a city having a population of 50,000 or more, $20,000
annually) for the mayor and (in the case of a city having a population
of less than 50,000, $2,000 annually, or, in the case of a city having
a population of 50,000 or more, $3,000 annually) for a member of the
city council, as the city council may by ordinance determine, according
to chapter 43 of the General Laws relating to city charters?"
The petition may be in the form of separate sheet, 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.
[1925, 188; 1941. 640, § 1; 1948, 459, § 5;
1954, 155; 1959, 448, § 3, approved August 10, 1959; effective
90 days thereafter; amended by 1961, 146, § 1, approved
March 2, 1961, effective 90 days thereafter; 1962, 165, § 1,
approved Feb. 28, 1962, effective 90 days thereafter.]
In the case of a petition for the adoption of Plan A, B, C,
D or E, within 70 days after the petition has been filed with him
by the petitioners the city clerk shall, except as provided in section
10, 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 12 of chapter 53, by filing a notice of such
appeal with the city council and with the clerk of the board of registrars
of voters within 80 days after the date the petition was filed with
the city clerk by the petitioners, and the board so appealed to shall
within 30 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 10 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 10 days after the expiration of said period of 80 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 7, transmit such certified copy to
the city clerk. If said certified copy is so transmitted to the city
clerk at least 30 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.
[Added 1962, 165, § 2, approved Feb. 28, 1962,
effective 90 days thereafter.]
In the case of a petition for the adoption of Plan F, within
70 days after such petition has been filed with him by the petitioners,
the city clerk shall, except as provided in section 10, 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 80 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 30 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 10 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 10 days after the expiration of said period of 80 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 7, transmit such certified copy to
the city clerk. If the said certified copy is so transmitted to the
city clerk at least 30 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 60 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.
[1915, 267, I, § 10: 1938, 378, § 4]
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 54A, a petition presenting the
question of the adoption of one of the plans provided for in this
chapter shill 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 54A. 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 54A was cast.
[1915, 267, I, § 11; 141, 640, § 2]
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 15, and their terms of
office shall begin at 10:00 in the forenoon of the first Monday of
January following their election.
[1959, 268, approved May 4, 1959; effective 90 days thereafter.]
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 10, proceedings thereon
shall be had as though no prior petition under this chapter had been
filed.
[1915, 267, I, § 13]
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.
[1915, 267, I, § 14]
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.
[1915, 267, I, § 15; 1922, 237, § 3;
1933, 313, § 7; 1938, 378, § 5; 1941, 640, § 3]
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 103A of chapter 54 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 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 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 103A 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 109. In each city
adopting any plan provided for by this chapter, the municipal year
shall begin and end at 10:00 in the morning of the first Monday of
January in each year.
[1959, 448, § 5, approved Aug. 10, 1959; effective
90 days thereafter.]
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 6
of chapter 53.
[1959, 448, § 6, approved Aug. 10, 1959; effective
90 days thereafter.]
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
committeemen, 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 3% 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 50 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.
[1915, 267, I, § 17; 1916, 68, § 2; 1922,
237, § 4; 1938, 378, § 6]
On the first Monday in January following a regular municipal
election, at 10:00 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.
[1952, 259, § 2; 1958, 72, § 2; 513,
§ 2; 1959, 448, § 7, approved Aug. 10, 1959; effective
90 days thereafter; 1963, 731, § 1, approved October 1,
1963]
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. 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.
[1959, 448, § 8, approved August 10, 1959; effective
90 days thereafter.]
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 $15,000
annually in cities having a population of less than $50,000 or $20,000
annually in cities having a population of 50,000 or more. The compensation
for city councillors shall not exceed $2,000 annually in cities having
a population of less than 50,000, or $3,000 annually in cities having
a population of 50,000 or more.
[1915, 267, I, § 18; 1938, 378, § 7:
1949, 723, § 1; 1958, 626, § 5]
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.
Quorum, etc.—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.
Proceedings, etc.—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 23A of chapter 33, 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.
City, Clerk, Election, etc.—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.
|
City Clerk to Hold Office Until Successor Is Qualified.—The
person holding the office of the city clerk at the time when any of
the plans set forth in this chapter have been adopted by such city
shall continue to hold office for the term for which he was elected
and until his successor is qualified.
|
4.
City Auditor—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.
[1915, 267, I, § 19; 1938, 378, § 8;
1948, 459, § 6]
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.
[1915, 267, I, § 20]
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 is an emergency measure unless
the emergency is defined and detailed 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 section
70 and 71 of chapter 164 and in chapter 166, no such grant, renewal
or extension shall be made otherwise than by ordinance.
[1915, 267, I, § 21]
No ordinance shall be amended or repealed except by an ordinance
adopted in accordance with this chapter.
[1915, 267, I, § 22]
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.
[1915, 267, I, § 23; 1917, 162; 1935, 68, § 1]
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 10 days before
its final passage. After such final passage, it shall, in the same
manner as before, again be published once, as amended and completed,
except in the case of an emergency ordinance which may be passed as
hereinbefore provided and which shall take effect on its passage,
and shall be so published at the earliest practicable moment; 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 10 days before its final passage, and thereafter, as amended
and completed, again published in such bulletin or pamphlet, said
publications shall be deemed sufficient without the newspaper publication
as herein required.
[1915, 267, I, § 24]
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, lines, 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.
[1915, 267, I, § 25]
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.
[1915, 267, I § 26; 1937, 224, § 1, 1938,
378, § 9; 1959, 448, § 9]
Except as otherwise provided in sections 50A, 59A, 86, 102 and
121, 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, leaving the power of original appointment
may make a temporary appointment of some person to act until such
official resumes his duties.
[1915, 267, I, § 27]
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 5% 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 $1,000, or by imprisonment
for not more than one year, or both.
[1915, 267, I § 28; 1928, 399, § 1: 1951,
25, § 1: 1967, 79, § 3, approved March 27, 1967,
effective 90 days thereafter.]
No contract for construction work or for the purchase of equipment,
supplies or materials, whether for repairs or original construction,
the estimated cost of which amounts to $2,000 or more, except in cases
of special emergency involving the health or safety of the people
or their property, shall be awarded unless proposals for the same
have been invited by advertisements in at least one newspaper published
in the city once a week for at least two consecutive weeks, the last
publication to be at least one week before the time specified for
the opening of said proposals. Such advertisements shall state the
time and place where plans and specifications of proposed work or
supplies may be had and the time and place for opening the proposals
in answer to said advertisements and shall reserve to the city the
right to reject any or all of such proposals. All such proposals shall
be opened in public. No bill or contract shall be split or divided
for the purpose of evading any provisions of this chapter.
[1915, 267, 1 § 29: 1928, 300, § 2: 1938,
378, § 10; 1949, 723, § 2; 1951, 25, § 2;
1959, 448, § 10, approved Aug 10, 1959, effective 90 days
thereafter; 1967, 79, § 4, approved March 27, 1967, effective
90 days thereafter.]
All contracts made by any department board or commission where
the amount involved is $2,000 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
respect 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.
[1915, 267, I, § 30; 1938, 378, § 11;
194, 4598, § 7; 1959, 448, § 11, approved Aug.
10, 1959, effective 90 days thereafter; 1967, 59, § 2, approved
with emergency preamble, March 21, 1967]
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 F, the city
council may, in the name of the city, purchase, or take by eminent
domain, under chapter 79, 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 79, 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 25% 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 2/3 vote of all its members;
nor shall a price be paid in excess of the appropriations, 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
land department, and a record thereof shall be, kept by said department.
[1915, 267, I, § 31; 1922, 237, § 5;
1938, 378, § 12; 1959, 448, § 12, approved August
10, 1959, effective 90 days thereafter.]
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
plan as 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.
[1915, 267, I, § 32; 1918, 257, § 157:
1919, 5; 1920, 2; 1949, 318]
The school committee shall elect a superintendent of schools
annually except as provided in section 41 of chapter 71, and may,
under chapter 31, 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, except the mayor, shall, while a member thereof, hold any
other office or position 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.
[1915, 267, I, §§ 33,35]
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.
[1915, 267, I, § 34]
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 the approval of the school
committee and the mayor is first obtained. This section shall nor
require such approval for the making of ordinary repairs.
[1915, 267, I, § 36; 1958, 626, § 6]
All meetings of the school committee shall be open to the press
and to the public, except as otherwise authorized by section 23A of
chapter 39. The vote on any particular measure shall be by yeas and
nays, when requested by two members.
[1915, 267, I, § 37: 1922, 237, § 6;
1938, 378, § 13]
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 102.
[1915, 267, I, § 38]
A petition conforming to the requirements hereinafter provided
and requesting the city council to pass a measure, except, an order
granting under section 70 or 71 of chapter 164 or chapter 166, 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.
[1915, 267, I, § 39; 1967, 406, § 1,
approved June 27, 1967, effective 90 days thereafter.]
Signatures to initiative petitions need not be all on one paper.
All such papers pertaining to any one measure shall be fastened together
and shall be filed in the office of the city clerk as one instrument,
with the endorsement thereon of the names and addresses of three persons
designated as filing the same. 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 48 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. A copy of the objections so filed shall forthwith
be transmitted to the state ballot law commission which shall hold
a public hearing on said objections, shall render a decision on the
matter referred to it within 14 days after the objections were filed
and transmit a copy of its decision to the city council or the school
committee.
[1915, 267, I, § 40]
If any initiative petition is signed by registered voters equal
in number to at least 20% of the whole number of registered voters,
the city council or the school committee shall, within 20 days after
the date of the certificate of the registrars as that effect:
(a)
Pass said measure without alteration, subject to the referendum vote
provided by this chapter, or
(b)
The city council shall call a special election to be held on Tuesday
fixed by it not less than 30 nor more than 45 days after the date
of the certificate hereinbefore mentioned, and shall submit the proposed
measure without alteration to a vote of the registered voters of the
city at that election; provided, that if any city election is otherwise
to occur within 90 days after the date of said certificate, the city
council may, at its discretion, omit calling the special election
and submit the proposed measure to the voters at such approaching
election.
[1915, 267, I, § 41; 1922, 237, § 7;
1931, 426, § 158]
If an initiative petition is signed by registered voters equal
in number to at least 8% but less than 20% of the total number of
registered voters, and said measure be not passed without alteration
within 20 days by the city council or the school committee, is provided
in the preceding section, such proposed measure, without alteration,
shall be submitted by the city council in a vote of the registered
voters of the city at the next regular municipal election. A measure
proposed under this section or section 39 shall become effective if
it shall be approved by registered voters of the city equal in number
to 1/3 of the whole number thereof and also by a majority of the voters
voting on such measure, but not otherwise.
[1915, 267, I, § 46; 1931, 426, § 159]
The ballots used when voting upon a proposed measure under section
39 or 40, or a measure or part thereof protested against under the
following section, shall state the nature of the measure in terms
sufficient to show the substance thereof.
[1913, 267, I, § 42; 1935, 68, § 2: amended
by 1961, 550 approved May 27, 1961, effective 90 days thereafter;
amended by 1967, 406, § 2, approved June 27, 1967, effective
90 days thereafter.]
If, within 20 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 12% 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 not entirely rescinded, the city
council 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, or at a special election which may, in its discretion,
be called 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 38, with the exception of the last
paragraph, 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.
[1913, 267, I, § 44]
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 for any measure, in the same manner and
with the same force and effect as are hereby provided for submission
on petition.
[1915, 267, 1, § 45]
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.
[1922, 282, § 1; 1933, 313, § 8; 1934,
30; 1938, 378, § 14; 1941, 640, § 4; 1959, 448,
§ 13, approved. Aug. 10, 1959: effective 90 days thereafter.]
In every city, governed on September 1st, 1992, by any plan
provided by this chapter, which accepts sections 44A to 44G, inclusive,
in the manner provided by section 44H, 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 section 44A
to 44G, inclusive, shall apply. In such a city which accepts section
103A of chapter 54, on the fourth Tuesday, and in any other such city,
on the third Tuesday, preceding every regular city election, and,
in all such cities, on the third Tuesday preceding any special election,
at which any office mentioned in this chapter is to be filled, there
shall be held, except as otherwise provided in section 44G, a preliminary
election for the purpose of nominating candidates therefor, and section
16, 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 15 minutes before
six o'clock in the forenoon nor later than 10 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
49.
[1922, 282, § 1]
Except as otherwise provided in section 44G, 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 44A to 44G, inclusive. There
shall not be printed on the official ballot for use it such preliminary
election the name of any candidate for nomination at such election,
unless he shall have filed, within the time limited by section 44C,
the statement and petition therein described.
[1922, 282, § I; 1937, 147; 1943, 229, § 1]
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 10 of chapter 53 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 50 voters, qualified to vote for a candidate for the said
office. Said statement and petition shall be in substantially the
following form: —
|
STATEMENT OF CANDIDATE
| |
|
Form of statement — 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 voted
for at the preliminary election to be held on Tuesday, the _____ day
of ______________, 1900 and _____ and I request that my name be printed
as such candidate on the official ballot for me at said preliminary
election.
| |
|
(Signed)
| |
|
ss.
| |
|
Commonwealth of Massachusetts, Subscribed and sworn to on this
_____ day of __________, 1900 and ________ before me, __________
|
(signed)
Justice of the Peace
or (Notary Public.)
|
|
PETITION ACCOMPANYING STATEMENT OF CANDIDATE
|
|
Form of petition — 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 __________ 1900 and ____________
|
|
We further state that we believe him to be of good moral character
and qualified to perform the duties of the office.
|
|
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.
|
[1922, 282, § 1]
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: —
|
OFFICIAL PRELIMINARY BALLOT
|
|
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 of 19 ___ and __________.
|
|
(The heading shall be varied in accordance with the offices
for which nominations are to be made.)
|
[1922, 282, § 2]
The election officers shall, immediately upon the closing of
the polls at preliminary election, 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 canvas 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.
[1922, 282, § 1]
The two persons receiving at a preliminary election the highest
number of votes for nomination for an office shall, except as provided
by section 44G, 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.
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 44C, 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.
[1922, 282, § 1]
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.
[1922, 282, § 1; 1932, 180, § 7, 1941,
640, § 5]
If, in a city governed on September 1st, 1922, 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 8 and
9, requesting that such city accept the provisions of section 44A
to 44G, inclusive, and bearing the signatures of registered voters
thereof, duly certified by the registered voters thereof at a 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
44A to 44G, inclusive, of chapter 53 of the General Laws, relative
to the nomination by preliminary election 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.
[1915, 267, I, § 47; 1922, 282, § 2]
Section 1 to 44G, 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.
|
PLAN A—GOVERNMENT BY MAYOR AND CITY COUNCIL ELECTED AT
LARGE
|
[1915, 267, II, § 1; 1939. 451, § 9]
The method of city government provided for in the 10 following
section shall be known as Plan A.
[1915, 267, II, § 2]
Upon the adoption of Plan A, it shall become operative as provided in sections 1 to 45, inclusive.
[1915. 267, II, § 3]
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.
[1915, 267, II. § 4; 1931, 394, § 213]
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.
[1915, 267, II, § 5: 1922, 237, § 8]
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.
[1936, 135]
Vacancies in the city council shall be filled by the remaining
members thereof for the remainder of the unexpired term.
[1]
Editor's Note: For subject matter of repealed § 51,
relative to salaries of the mayor and council see § 17A
of this chapter, and G.I. C. 30, § 6A.
[1915, 267, II § 7]
Upon the adoption of Plan A, all heads of departments and members
or 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 with
out confirmation by the city council.
[1915, 267, II § 8]
In making his appointments the mayor shall sign and file with
the city clerk a certificate in the following form:
|
CERTIFICATE OF APPOINTMENT
| |
|
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.
| |
|
Mayor.
| |
|
or in the following form, as the case may be:
|
|
CERTIFICATE OF APPOINTMENT
| |
|
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.
| |
|
Mayor.
| |
[1915, 267, II, § 9]
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 therefore 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.
[1915, 267, II, § 10]
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 by 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 10 days after it has been presented to him. This
section shall not apply to budgets submitted under section 32 of chapter
54 or to appropriations by a city council under section 33 of said
chapter.
