1944 ed. Charter
PART I.
THE CHARTER.
§ I. Municipal corporation; name; rights and duties.
§ 2. Six wards.
§ 3. Mayor and board of aldermen to administer affairs; school committee;
. separation of departments.
§ 4. Meetings of qualified voters.
'§ 5. Calling elections.
§ 6. When and how meetings of qualified voters called; discussion confined
to purposes of petition.
§ 7. Time of holding .city election; municipal year.
§ 8. Election of mayor, aldermen and school committee; vacancies in office.
§ 9. How mayor and aldermen elected; terms of office; president of board
of aldermen; how members of school committee elected and terms
thereof.
§ 10. Board of aldermen to be judge of election; rules; acting mayor. ·
§ 11. Nomination of municipal officers; order of names on ballot.
§ 12. Oath of office of maybr and aldermen.
§ 13. Powers of board of aldermen; service without compensation; open
sessions; journal; vote by roll call; private sittings for nomination
of mayor.
§ 14. Election of certain officers by board of aldermen; terms of office;, removal
from office; vacancies.
Salaries of officers and employees.
Making and publication of ordinances; additional boards or officers
reorganization, consolidation or abolition of boards and offices.
§ 1.7. Laying out, locating, widening, etc. of streets.
§ 18. Approval of ordinances, etc., by mayor; objection's; reconsideration.
§ 19. Aldermen may request information from mayor.
§ 20. Appointment or election of certain boards and officers; chief of police and
subordinate officers; rules and regulations governing departments..
§ 21. Certain .ordinances, etc., to be open to public inspection; voting by roll
call; itemization of appropriation orders.
§ 22. Contracts in excess of three hundred dollars to be signed by mayor.
§ 23. Bonds for performance of contracts; board of aldermen to have care
and custody of public property.
§ 24.. Power of board of aldermen in regard to ire limits.
§ 25. Special meetings of board of aldermen.
§ 26. Aldermen not to hold other city offices or act as counsel .before board.
§ 27. Manner of vote by board of aldermen.
As indicated by footnotes in the text, the charter (Chapter 542 Acts of
1910) was amended by the following acts: 1913, c. 389; 1920, c. 26; 1936,
c..29.
was amended by the following acts: 1913, c. 389; 1920, c. 26; t936,
CHARTER AND ORDINANCES
§ 28. Executive powers vested in mayor; general powers; suspension of certain
offcers.
§ 29. Mayor to preside at meetings of board of aldermen; appointment of
committees.
§ 30. Mayor to communicate information to board of aldermen; records;
§ 31. Estimates of .expenses; budget; appropriations.
§ 32. Duty of mayor as to legal instruments.
§ 33. Appointment of administrative offcers and boards by mayor; appointment
of city solicitor.
§ 34. Powers and duties of administrative officers; records; employment of
: subordinate officers; appearance before board of aldermen; oaths.
§ 35. Superintendent of highways and sewers.
§ 36. Committee to supervise erection, etc., of buildings; approval of school
sites and plans for school buildings.·
§ 37. School committee.
§ 38. Same; meetings.
§ 39. Same; powers and duties.
§ 40. Notification to mayor of need of schoolhouse or alteration thereof.
§ 41. Sessions of school cormn/ttee to be open; vote of committee.
§ 42. Liabiliiy not to be incurred in excess of appropriations.
§ 43. Conviction creating vacancy in offce; approval of bills and vouchers;
expenditures differing from appropriations.
§ 44. Franchises.
§ 45. Contracts.
§ 46. Board of commissioners of trust funds.
§ 47. Repeal.
§ 48. Submiss/on ioi accep(ance.
§ 49. Common council and former school committee abolished.
§ 50. Time of taking effect..
Sec. 1. Municipal corporation; name; rights and duties.
The inhabitants of the City of Beverly shall continue to be a municipal
corporatJon under the name of the City of Beverly, and as such
shall have, exercise and enjoy all the rights, powers and privileges, and
shall be subject to all the duties and obligations now pertaining to and
incumbent upon the said city as a municipal corporation. (Acts of
1910, c. 542, § 1)
Sec. 2. Six wards.
The territory of the city shall be divided into six wards with their
· 2Beverly was founded in 1626, became a town in 1668 and became a city in
·1894:
For law of the Commonwealth as to decennial division of cities into wards,
see G. L., c. 54. sec. 1.
§ 3 CHARTER § 5
boundaries as at present constituted, until the same are changed under
the provisions of law. (Id. § 2.)
Sec. 3. Mayor and board of aldermen to administer affairs; school
committee; separation of departments.
The administration of all the fiscal, prudential and municipal affairs
of said' city, and the government thereof, except the affairs of
the public schools, the administration, management and control of
which shall be vested in a school committee of nine members, shall
be vested in an executive department which shall consist of one officer
to be called the mayor, and in a legislative department, which shall
consist of a single body of nine to be called the board of aldermen, the
members whereof shall be called aldermen. The. legislative department
shall never exercise any executive power, and the executive department
shall never exercise any legislative power, except as may
otherwise be provided herein. (Id. § 3; 1936, c. 29, § 1.)
Sec. 4. Meetings of' qualified voters.
All meetings of the qualified voters of the city for the purpose of
voting at elections and for other special municipal or legal purposes
shall be called by warrants issued by order of the board of aldermen,
and, so far as may be, in the manner provided for calling elections in
cities by chapter five hundred and sixty of the acts of the year nineteen
hundred and seven, and acts in amendment thereof and in addition
thereto. When no convenient Ward room for holding meetings Of the
qualified voters of the ward can be had within the territorial limits of
such ward, the board of aldermen may in the warrant calling for a
meeting of the voters of the ward, direct that the meeting be held in
some convenient place which they shall designate within the limits of
an adjacent ward of the city; and, for that purpose, the place so designated
shall be deemed to be a part of the ward in which the election
is held. (Id. § 4.)
Sec. 5. Calling elections.
All mgetings for the election of national, state, county and district
officers shall be called by order of the board of aldermen in the manner
in which meetings for municipal elections are called. (Id. § 5.)
This section was amended by the 1936 Acts which increased the number of
aldermen from seven to nine.
By G. L., c. 54, sec. 63, codified from the act here referred to, the city clerk
causes the notice of the election to be printed in one or more newspapers and
such notice is in lieu of the warrants required in any city by special statute.
3
Sec. 6. When and how meetings of qualified voters Called; discussion
confined to purposes of petition.
General meetings of the citizens qualified to vote may, from time
to time, be held according to rights secured by the constitution of the
commonwealth and all such meetings may, and upon the request in
writing of fifty qualified voters setting forth the purposes thereof, shall
duly be called by the board .of aldermen. Any discussion or action
taken at such a meeting shall be confined to the purposes set forth in
the petition. (Id. § 6.)
Sec. 7. Time of holding city election; .municipal year.7
Beginning with the year nineteen hundred and thirty-six, regular
city elections shall be held biennially in each even-numbered year on
the Tuesday after the second Monday in December. The municipal
year shall begin on the first Monday in January in each year, at twelve
o'clock noon, and continue until the first Monday in January next
following at twelve o'clock noon.s (Id. § 7; 1936, c. 29, § 2.)
Sec. 8. Election of mayor, aldermen and school committee; vacancies
in office.
At the biennial city election the qualified voters of the city shall give
in their votes by ballot for mayor and members of the board of aldermen
and of the school committee, or for such of them as are to be
elected, and the person receiving the highest number of votes for any
office shall be deemed and declared to be elected to such office, and
whenever two or more persons are to be elected to the same office the
several persons up to the number required .to be chosen receiving the
highest number of votes shall be deemed and declared to be elected. If
it shall appear that there is no choice for mayor, or if the person
elected to that office shall refuse to accept, or shall die before qualifying,
or if a vacancy in the office shall occur more than four months
previous to the expiration of service of a mayor, the board of aldermen
shall forthwith cause warrants to be issued for a new election and the
As to duties of city clerk at meetings of citizens, see ch. 2, sec. 20, of this
Volume.
Prior to the amendment of 1936 this section provided for an annual election
instead.of a biennial election.
For fiscal year, see ch. 2, sec. 41, of this volume.
The amendment in 1936 struck out the word "annual" at the beginning
the section and substituted the word "biennial."
same proceedings shall be had in all respects as are hereinbefore provided
for the election of mayor, and shall be repeated until the election
of a mayor is completed. If the full number of the members of the
board of aldermen has not been elected or if a vacancy in the office of
aldermen shall occur more than three months previous to the expiration
of the term of office, the board of aldermen shall forthwith elect
from among the qualified voters of the city or ward, as the case may
be, some person or persons to fill the vacancy or vacancies for the remainder
of the.unexpired term. In case a vacancy in the office of
mayor shall occur within four months previous to the expiration of the
unexpired term, the board of aldemien may in its discretion order a
new election for mayor to be held as aforesaid to fill the vacancy; and
may, likewise, should a vacancy occur in the office of any member of
the board of aldermen within said period of three months, fill said
office in the manner aforesaid. (Id. § 8; 1936, c. 29, § 3.)
Sec. 9.
How mayor and aldermen elected; terms of office; president
of board of aldermen; how members of school committee
elected and .terms thereof.
At each biennial citry election beginning with the one held in the
year nineteen hundred and thirty-six, there shall be elected by ballot
by and from the qualified voters at large a mayor and three members
of the board of aldermen, and by and from the qualified voters of each
ward one member of said board, each to serve for the term of two
years beginning with the first Monday in January then next ensuing.
The member elected at large receiving the highest number of votes
at any biennial city election, including the biennial city election in
nineteen hundred and thirty-six, shall be .president of. the board of
aldermen.
At the biennial city election in the year nineteen hundred and thirty-
six, the qualified voters of the whole city, voting at large, shall elect by
ballot from their own number an additional member at large, of the
school committee, to serve for the term of four years beginning with
the first Monday in January next ensuing. The terms of office of the
two members of said committee, one .from ward one and one from
ward five, expiring on the first Monday in January in the year nineteen
hundred and thirty-eight, are hereby extended until the first
Monday in January in the year nineteen hundred and thirty-nine.
This section was so changed by the 1936 amendrnent that a comparison is
necessary to determine its effect.
The term of office of the member at large of said committee expiring
on the first Monday in January in the year nineteen hundred and
thirty-eight is hereby extended to the first Monday in January in the
year nineteen hundred and forty-one.
Commencing with the biennial city election in the year nineteen
hundred and thirty-six, a successor to each of the elected members
of the school committee whose term will expire in January then next
ensuing shall be elected by ballot, for the term of four years from the
first Monday in January then next ensuing, by the qualified voters of
the whole city, voting at large, from the qualified voters, either of the
whole city or of a ward thereof, as in the case of the election of the
member whose, term will so expire.
The mayor, aldermen and members of the school committee shall
hold office for their respective terms and until their respective successors
are qualified. (Id. § 9; 1936 c. 29, § 4.)
Sec. 10. Board of aldermen to be judge of election; rules; acting
mayor.
The board of aldermen shall be the judge of the election and quailfication
of its members, and shall from time to time establish rules
for its proceedings. In the case of the death, inability, absence or
resignation of the mayor, and whenever there is a vacancy in the office
for any cause, the president of the board of aldermen, while such cause
continues, shall perform the duties of mayor. If the president of the
board of aldermnen is also absent or unavailable for any cause, the
said duties shall be performed until the mayor or president of the
board of aldermen returns or is able to attend to said duties, by such
member of the board of aldermen as that body may elect, and until
such elections by the city clerk. The person upon whom the said
duties shall devolve shall be called acting mayor, and he shall possess
the power of mayor only in matters not admitting of delay and shall
have no power to make permanent appointments except upon the
death or resignation of thc mayor, and then only for the period intervening
until a new election of mayor is had, or except in a case arising
under section eight of this act where the discretion of the board is not
exercised by calling a new election to fill a vacancy in the office of
mayor occurring within four months of the expiration of the term.
In such case, said acting mayor shall perform all the duties and be
clothed with all the authority of the office of mayor for the remainder
of the term. (Id. § 10.)
6
Sec. Il. Nomination of municipal officers; order of names on ballot.
Any male qualified and registered voter in said city may be nominated
for any municipal elective, office, and the procedure for procuring
such nominations, obtaining signatures, filing and certification
of the same, shall be according to the method laid down in chapter
five hundred and sixty of the acts of the year nineteen hundred and
seven, and in all other provisions of law thereto pertaining. Women
who are qualified to vote for members of the school committee, may be
nominated as and sign nomination papers for candidates for that office
in the same manner and under the same provisions of law as men. The
names of candidates appearing on nomination papers shall, when filed
and certified, be subject to public inspection. The certification required
by law shall not preclude any voter ·from filing objections to the
validity of the nominations.
The. order of precedence in which the names of all candidates to be
voted for at any municipal election shall appear on the official ballot
shall be determined by the registrars of voters of said city by drawing
lots·for the same, separate drawings to be made for each group of candidates
for each office to be elected. (Id. § 11.)
Sec. 12. Oath of office of mayor and aldermen.4
Thc ·mayor-elect and the aldermen-elect shall, on the first Monday
in January of each odd-numbered year at twelve o'clock noon, meet
and be sworn to the faithful discharge of their duties. The oath may
be administered to the mayor by the city clerk, or by a judge of a
court of record, or.by a justice of the peace. The oath may be administered
to the members of the board of aldermen by the mayor, he
having been duly sworn, or by any of the above named officials. A
certificate that said oath or oaths have been taken shall be entered in
the journal of the board of aldermen. In case of the absence of the
mayor-elect on said day, or if a mayor shall subsequently be elected,
the. oath of office may at any time thereafter be administered to him,
For an act providing for preliminary elections for the choice of municipal
officers in the City of Beverly, including the polling hours, who may be candidates,
statements of the candidates, petition accompanying statements of candidates,
official preliminary ballot, etc., see Acts of 1922, c. 140.
G. L., c. 53, secs. 55-64.
4The amendment of 1936 inserted in the first sentence of this section the
words "of each odd-numbered year" and struck out from the third from the
last sentence the word "municipal" and substituted the words "biennial city,"
preceding the word "election."
§ 13 CHARTER AND ORDINANCES § 14
and at any time thereafter in like manner the oath of office may be
administered to any member of the board of aldermen, who for similar
reasons shall not have taken the oath on the day named. All such
oaths subsequently taken shall be entered in the journal aforesaid.
After the oath has been administered to the aldermen present they
shall organize, with the member elected at large receiving the highest
number of votes at the preceding biennial city election, as president,
as provided in section nine. The president shall be sworn by the city
clerk, or in case of the absence of the clerk, by any justice of the peace.
Nothing in the duties of his office shall be held to deprive him of his
right to vote.and act as a member of' the board. (Id.' § 12; 1936,
c. 29, §5.)
Sec. 13. Powers of board of aldermen; service without compensation;
· · open sessions; journal; vote by roll call; private sittings
for nomination of mayor.
The board of aldermen shall, so far as is consistent with this act,
have and exercise all the legislative power of towns and of the inhabitants
thereof, and shall have and exercise all the powers now vested
by law in the city of Beverly and in the inhabitants thereof as a municipal,
corporation, and shall have all the powers and be subject to
all the liabilities of city councils and of either branch .thereof, and it
may by ordinance prescribe the manner in which such powers shall
be exercised. Its members shall receive no compensation for their
services as members of the board of aldermen or of any committee
thereof. Sessions of the board whether as a board of aldermen or as
a committee of the whole shall be open to the public, and a journal of
its proceedings shall be kept, which journal shall be subject to public
inspection. The vote of the board upon any question shall be taken
by roll call when the same is requested by at least three members'.
Nothing herein shall prevent the board, by special vote, from holding
private sittings for the consideration of nominations by the mayor.
(id. § 13.)
Sec. 14. Election of'certain officers by board of aldermen; terms of
office; removal from office; vacancies
The board of .aldermen shall in the month of January in each odd-numbered
Prior to the amendment of 1936 this section provided for an annual election
and for terms of one year for officer/enumerated in the first sentence.
§ 14 CHARTERS § 14
numbered year, as soon after its organization as may be, elect a city
clerk, a city collector of taxes, a city messenger, a city treasurer, a city
physician and a clerk of committees, all for the term of two years
from the first Monday in said January and until their respective successors
are qualified. The terms of office of all officers and members
not annually elected under the present city charter, except the school
commlttee,.whose term or terms do not expire on the first Monday in
January, nineteen hundred and. eleven, under the provisions of law,
shall continue and be in force for the full term or terms to which they
were elected under the present law, and upon the expiration of such.
term or terms the vacancies shall be filled as hereinafter provided· The
board of aldermen shall elect as said terms expire, a.city auditor for
the term of three years, a member of the board of assessors for three
years, a member of the board of health for three years, a member of
the park commissioners for three years, a member of the overseers of
the poor for three years, and a member of the water board for three
years, each of which boards shall consist of three members as at present
constituted. Thereafter there shall annually be elected by the board of
aldermen a member of every such board or office to serve for the
of three years, as the term or terms of such member or officer shall
expire. Any term or terms of such officers or members or boards expiring
the first Monday in January, nineteen hundred and eleven, shall
then and subsequently be filled in the manner now provided by law.
Any officers thus elected by the board of aldermen may be removed
by the said fioard for sufficient cause by a two-thirds vote. Vacancies
in any city offices where no other provision is made for filling the
same in this act, shall be filled by the election or appointment of a
successor in the manner in which the previous incumbent was elected
or appointed, and the person elected or appointed to fill the vacancy
shall hold his office for the remainder of the term during which his
predecessor would 'have been entitled to hold the same.s (Id.. § 14,
1936, c. 29, § 6.)
By Acts of 1923, c. 26, the Board of Overseers of the Poor was changed to
Board of Public Welfare.
As to power of Board of Aldermen to abolish, consolidate or reorganize departments
or offices, see char., sec. 16.
For provision conferring the duties and powers of the board of park commissioners,
the water board and the superintendent of water works upon the
commissioner of public works, see ch. 22, sec. 1, of this volume.
aThe provision of this section relative to filling vacancies is superseded by
G. L., c. 41, secs. 14, 6lA, which provide in effect that the mayor, without confirmation
by the board of aldermen, shall appoint a temporary officer whenever
the office of city Clerk, city auditor, city treasurer, city collector of taxes or
other officer because of disability or absence is unable to perform his duties..
.9
§ 15 CHARTERS AND ORDINANCES § 16'
Sec. 15. 'Salaries of officers and employees.
Thc board of aldermen shall by ordinance determine the salary of
the mayor and of all the officers and employees of the city, including
the firemen, policemen and city laborers, except as otherwise Provided
herein, and may in like manner change the said salaries from time to
time, any such change to take effect immediately upon the passage of
the ordinance, but no increase of salary shall be made after July first
of any municipal year. (Id. § 15, 192.0, c. 26.)
Sec. 16.
Making and publication of ordinances; additional boards or
officers;, reorganization, consolidation or abolition of
boards and officers. '
The board of aldermen shall have power to make and establish ordinances
to be effective within the city, and to affix penalties for the violation
thereof, as herein or by general law provided, without the sanction
of any court or any justice thereof. All such ordinances shall
forthwith be published in one or more newspapers designated by the
mayor and shall take effect at the time of their approval by the mayor
unless it is otherwise expressly stated in the ordinance, or if a penalty
for the violation is provided, at the expiration of thirty days from the
day of approval. Under their general power to make and establish
ordinances the board of aldermen may provide by ordinance for the
establishment of additional boards or offices to insure the general welfare
of the inhabitants of the city and to promote economy and efficiency
in the municipal administration, and for other municipal purposes.
The board shall therein deternfine the number, duties, powers
and salaries of the incumbents of such boards or offices, and may delegate
for such purpose to any board or office thus created the appropriate
administrative powers given by general law to city councils and
boards of aldermen. The board of aldermen may also by ordinance
reorganize, consolidate or abolish departments or offices of the city in
whole or in part; .and may transfer the duties, powers and appropriations-
The amendment of 1920 made this section applicable to employees and
enumerated especially firemen, policemen and city laborers. Prior to the
amendment no change in salary could take effectt until, the municipal year succeeding
that in which the ordinance was passed.
For enumeration of salaries, see ch. 2, secs. 56-58, of this volume.
For law of the Commonwealth as to publication of ordinances in book form,
see G. L., c. 4D, §32A.
In Forbes v. City of Woburn,..306 Mass. 67, 72, 73, 27 N. E. (2d) 733, the
court reviews the charter provisions of many of the cities of Massachusetts,
citing this section, relative to the publication of ordinances.
10
§ 17 (~HARTE~ '§ 18"
tions of one department to another in whole or in part. Said board
shall have all the powers of existing law, in this behalf delegated to
city councils, and inhabitants of towns, to establish ordinances as aforesaid,
and in all other respects to make valid and reasonable by-laws
for said city. (Id. § 16.)
Sec. 17. Laying out, locating, widening, etc. of streets.
The board of aldermen shall, with the approval of the mayor, have
exclusive authority and power to order the laying out, locating anew,
widening, discontinuing, or changing the grade of, and the making of
specific repairs in all streets, and, except as is otherwise provided herein,
it shall act in all matters relating to such laying out, locating anew,
widening, changing of grade, or discontinuing. The board shall assess
the damages, if any, sustained thereby by any persons. Any such person
aggrieved by the action of the board of aldermen in relation to
damages, or in other respects hereunder, shall have all the rights and
privileges now allowed by law in such cases in appeals from decisions
of the selectmen of towns. Nothing herein shall be held to deprive the
county commissioners of Essex county of any power or authority in
relation to highways conferred upon them by law. (Id. § 17.)
Sec. 18. Approval of ordinances, etc., by mayor; objections; reconsideration.
All ordinances, orders, resolutions or votes of the board of aldermen,
except such as relate to its own internal affairs, shall be presented to
the mayor. If he approve thereof he shall signify his approval by
signing the same, but if not he shall return the same with. his objections
to the board of aldermen which shall enter the objections of .the
mayor at length upon its records and proceed to reconsider such ordinance,
order, resolution or vote, and if, after reconsideration, two-
thirds of the board of aldermen, notwithstanding the said objections,
· vote to pass the same, it shall be in force. In all cases the vote shall
be taken by yeas or nays. If such ordinance, order, resolution or vote
shall not be returned within ten days after it has been presented to
the mayor, the same shall be in force. He may except from his approval
of any ordinance, order, resolution or vote over which he has
the power of veto, any part involving a distinct item of expenditure;
For law of the Commonwealth as to transfer of appropriations generally,
see G. L., c.. 44, sec. 33B.
4For ordinances relative to streets, highways and bridges, see ch. 26,. secs.
1-19, of this volume.
11
§ 19 CHARTER AND ORDINANCES § 21
and in such a case instead of returning the original he shall transmit a
copy of the part not approved, which part shall be reconsidered in the
manner .and with the effect ·above provided. The veto power of the
mayor shall not extend to elections or administrative officers by the
board. (Id. § 18.)
Sec. 19. Aldermen may request information from mayor.
The board of aldermen may at any time request from the mayor
special information on any municipal matter going before it for action,
and may request his presence to answer written questions relating
thereto. The information sought shall be limited to the subject-matter
of the written questions. (Id. § 19.)
Sec. 20. Appointment or election of certain boards and officers; chief
of police and subordinate officers; rules and regulations
governing departments.
The method and time of appointment or election, and the constitution
of the fire and police departments, commissioners of sinking
funds, board of managers of public cemeteries, registrars of voters,
trustees of the public library, and all other boards, officers or departments
of the city, shall be made, held and maintained as now provided
by law, except as herein modified, and all ordinances in respect to the
said departrnents, boards or officers now in force in said city, and all
other ordinances now in force, shall continue as valid by-laws of the
city until changed under the provisions of this act. The head of the
police department shall be known as the chief of police. The power
of appointment of thc subordinate officers and members of the police
force shall be vested in the mayor, subject to confirmation by the
board of aldermen. The chief of police shall annually be appointed
by the mayor without confirmation by the board of aldermen, and may
be removed at any time by the mayor. The board of aldermen shall
have power to prescribe and make regulations, for the government of
the police department and of all other departments of the city except
as is otherwise provided by existing law. (Id. § 20.)
Sec. 21. Certain ordinances, etc., to be .open to public inspection;
voting by roll call; itemization of appropriation orders
Every ordinance, order, resolution or vote involving the appropriations
For law of the Commonwealth requiring certification of appropriation orders
in detail by city clerks to other officers, see G. L., c. 41, sec. 15A.
For an act placing under the civil service laws the office of the chief of
police of the city, see Acts of.1936, c. 142..
12
§ 22 CHARTERS § 23
or expenditure of money to an amount exceeding three hundred
dollars, and every such ordinance, order, resolution or vote ordering
any street improvement or sewer, or making or authorizing the making
of any contract in excess of said amount of three hundred dollars,
or granting any franchise or right to occupy or use the streets, ·highways,
bridges or public places in the city for any purpose, shall remain
on file with the city clerk for public inspection for at least one week
before the final passage or adoption thereof: provided, however, that in
the case of any such ordinance, order, resolution or vote appropriating
an amount or authorizing the making of a contract in excess of three
hundred dollars, and not relating to any street improvement or sewer,
or to the granting of a franchise, the board of aldermen may in its
discretion upon receiving the written recommendation of the mayor
with his reasons therein stated, pass such ordinance, order, resolution
or vote on the same day when the first reading is had by a two-thirds
yea and nay vote. On the final passage of ali such ordinances, orders,
resolutions or votes, the vote shalI be taken, by roll call. All orders
carrying appropriations and expenditures, or authorizing the borrowing
of money, shall be in itemized forth. (Id. § 21.)
Sec. 22. Contracts in excess of three hundred dollars to be signed
by mayor.
No contract made in. behalf of the city involving an amount in excess
of three hundred dollars shall be valid unless it receives the signature
of the mayor. This provision shall not apply to any exercise of
the police power or other power of the commonwealth by any public
officer or board so authorized by law.. (Id. § 22.)
Sec. 23. Bonds for performance, of contracts, board of aldermen to
have care and custody of public property.
The board of aldermen shall secure a just and proper accountability
for the performance of all contracts or obligations entered into by the
city by requiring bonds with sufficient penalties and sureties from all
persons entrusted in behalf of the city with the receipt, custody or disbursement
of money. The board shall have the care and superintendence
of all public property of the city together with its custody
and management, except as herein or by general law otherwise provided,
with power to rent or sell what may legally be rented or sold,
and to purchase property, real or personal in the name and for the
use of thc city whenever such purchase is deemed by the board to be
necessary. (Id. § 23.)
13
§ 24. CHARTER AND ORDIN'ANCES § '28
Sec. 24..Power of board of aldermen in regard to fire limits.
The board of aldermen shall have power to establish fire limits
within the city, and from time to time to change or to enlarge the
same, and to regulate by ordinance the construction of buildings erected
within said fire limits, with lawful stipulations as to their situation,
size, and the material of which they shall be constructed, and may
make other lawful rules and regulations to prevent damage by fire.
(Id. § 24.)
Sec. 25. Special meetings of board of aldexmen.
Special meetings of the board of aldermen may be called at any
time by the mayor upon mailing written notifications of the same with
a statement of the subject-matter to be considered, to each member
thereof, or by leaving such notice at thc usual place of residence of
each member at least twenty-four hours before the time appointed for
the meeting.. (Id. § 25.)
Sec. 26. Aldermen not to hold other city offices or act as counsel before board.
No member of the board of aldermen shall, during the term for
which he is elected, hold any other office or position the salary or compensation
for which is payable out of the city treasury, nor shall he
appear as counsel or act as attorney before the board of aldermen or
any committee thereof,(Id. § 26.)
Sec. 27. Manner of vote by board of aldermen.
All elections by the board of aldermen under any provision of law
shall be made by a viva voce vote, each member who is present answering
to his name when it is called by the clerk or other proper ofricer,
stating, the name of the person for whom he votes or declining to
vote as the case may be; and the clerk or other proper official shall
record every such vote. No such election shall be valid unless it is
made as aforesaid..(Id. § 27.)
Sec. 28. Executive powers vested in mayor; general powers; suspension of certain officers.
The executive powers of the city shall be vested exclusively in the
For law of the Commonwealth providing that all elections of city officials
by a municipal body or board shall be by viva voce vote, see G. L., c. 39, sec. 3.
14
§ 29 Charter. · · § 30
mayor, who shall enforce, the laws and regulations of the city either
personally or through the administrative officers and members of
boards provided in this act, and shall be vigilant at all times regarding
such enforcement; and he may, except as herein or by general laws
otherwise provided suspend from office by written order any officer.
appointed by him, whether or not such appointment was made by
confirmation of the board of aldermen, for any cause which he shall.
in his official discretion deem sufficient, which cause he shall assign
in the order of suspension. Such suspension shall take effect upon the
filing of the order therefor with the city clerk, and the serving of a
copy thereof upon the officer thus suspended either personally or by
leaving the same at his last or usual place of business, or residence. The
suspension of any such officer shall, unless previously revoked by the
mayor, create a vacancy in such office at the expiration of fifteen days
after said order is filed with the city clerk, unless within that time the
officer asks for a hearing before the board of aldermen, in which case
a hearing shall forthwith be held. If, within one week after the conclusion
of said hearing, the board by a two-thirds vote shall set aside
the suspension, the officer shall be reinstated, otherwise he shall be held
to be finally discharged from office, and the vacancy therein shall be
filled forthwith. (Id. § 28.)
Sec. 29.: Mayor to preside at meetings of board of aldermen;
appointment of committees. ,
The mayor may preside at all meetings of' the .board of aldermen,
and in his absence and in all cases where nominations of the mayor
are to be acted upon by the board of aldermen, the president of the
board of aldermen shall preside. The mayor shall appoint the
committees of the board of aldermen. (Id. § 29.)
Sec. 30. Mayor to communicate information to board of aldermen;
records; secretary.
The mayor shall communicate to the .board of aldermen such
information and shall recommend such measures as in his judgment
the interests of the city reqUire. He shall cause to be kept a record of
all his official acts, and for this purpose and to assist him in his official
duties he may, without 'the confirmation of the board of aldermen,
appoint a secretary, define his duties and, subject to the approval of
the board of aldermen, fix his salary. (Id. § 30.)
15
'§ 31 CHARTER AND ORDINANCES § 32
'Sec. 31. Estimates of expenses;'budget; appropriatlons.
The' mayor shall require from all administrative officers and boards
of the city having the expenditure of money, and it shall be the duty
of such officers and boards to furnish forthwith in detail when so
required, estimates for the next municipal year of the expenditures of
the department or office under their charge. Said estimates shall be
requested annually on or before October first, and within thirty days
from that date in each year the annual budget of the estimated expenses
of the city for the ensuing municipal year shall be submitted
to the board of aldermen by the mayor. The board of aldermen shall
forthwith consider said budget and may reduce, pass or reject any
item thereof by majority vote, but shall vote no increase in any item
except by a two-thirds vote of all the members of the board. The
mayor may submit thereafter supplementary budgets untilt such time
as the tax rate for the year shall have been fixed. The board of aldermen
shall, on or before the first day of December in each year in the
manner aforesaid, appropriate such amount, as may be necessary to
meet the expenditure of the following year, and such appropriation
shall not thereafter be increased, nor any subsequent appropriation
made, except by a vote of two-thirds of all the members taken by yea
and nay. No expenditure of public money to be taken from the annual
appropriation order shall be authorized except by a two-thirds vote
taken by yea and nay and approved by the mayor. The making of the
annual budget for the year nineteen hundred and eleven, the estimates
for the same, and appropriations therefor, and for all other municipal
purposes in said year, shall be carried out under the provisions of taw
in force at the time when this charter takes effect. But all annual
budgets and appropriations for subsequent years shall be made under
the provisions of this section. (Id..§ 31.)
Sec. 32. Duty of mayor as to legal instruments.
The mayor shall have the sole power to sign, seal, execute and deliver
in behalf of the city deeds and leases of land sold or leased by the.
city, and any other evidences in writing of transfers requiring the
written assent of the city. (Id. § 32.)
8 For law of the Commonwealth relative to the annual budget, superseding this
section, see G. L., c. &4, secs. 32-34.
For law of the Commonwealth relative to the furnishing to the mayor and city
auditor estimates on approved forms between Nov. 1st and Dec. 1st of each year,
see O. L., c. 44, sec. 3lA.
16
§ 33.
Sec. 33. Appointment of administrative officers. and boards by
mayor; appoinment of city solicitor.
Except as herein otherwise provided, the mayor shall appoint subject
to the confirmation of the board of aldermen, all the administrative
officers and members of boards of the city. No appoinment so made by
the mayor shall be acted upon by the board of aldermen until the
expiration of one week from the time when the appointment was
transmitted to the board. The city solicitor shall annually be appointed
by the mayor, in the manner provided in this section. (Id. § ·33.)
Sec. 34. Powers and duties of administrative officers; records; employment
of subordinate officers; appearance before board
of aldermen; oaths.
The administrative officers of the city shall perform the duties by
law and herein prescribed for them respectively, and such further
duties not inconsistent with the nature of their respective offices as the
board of aldermen may from time to time prescribe. All such officers
shall keep a record of their official transactions, which records shall
be open to public inspection. All officers or members of boards appointed
by the mayor or elected by the board of aldermen shall be
held to be administrative officers within the meaning of this act. Such
officers and boards whether now existing or hereafter established by
the board of aldermen, may appoint, employ, discharge or remove
all subordinate officers, employees, clerks or assistants in their respective
departments, making record of such action for public inspection, and
in case of discharge or removal the grounds therefor shall be a matter
of record, and shall be subject, where the person removed or discharged
is lawfully classified under the civil service rules, to the jurisdiction of
the civil service commissioners. Administrative officers shall appear
before the board of aldermen at the request of that body and give such
information as may be required in relation to any official act done by
them. All administrative officers shall be sworn to the faithful discharge
of thsir respective duties, and certificates of their oaths shall be
kept in the office of the city clerk. (Id. § 34.) ·
Sec. 35. Superintendent of highways and Sewers.
The street and sewer departments of the city, and all .matters coming
· 9 For law of the Commonwealth permitting the mayor to make temporary appointments,
see G. L., c. 41, secs. 14, 6lA,
17
· § 36 CHARTER AND ORDINANCES § 36
within their jurisdiction, shall be under the charge of a superintendent
of highways and sewers, who shall be appointed in January by the
mayor for the term of two years and until his successor is appointed
and qualified, subject to confirmation by the board of aldermen. The
superintendent of highways and sewers shall have all the powers and
be subject to all the duties of the present street commissioner, and in all
matters whatsoever pertaining to sewers or the sewer department of
said city shall be subject to the direction of the board of aldermen. He
may be removed for cause by the mayor under the provisions of section
twenty-eight. He shall also have all the powers and duties of a surveyor
of highways under the general laws. (Id. § 35.)
Sec. 36. Committee to supervise erection, etc., of buildings; approval
of school sites and plans for school buildings.
Whenever it shall become necessary to erect any building, to make
additions to or alterations or repairs in any building for the city, the
estimated cost of which exceeds the sum of five thousand dollars, the
same shall be erected or done under the supervision and control of a
commission of three persons appointed for the purpose as follows:
The mayor shall name three citizens of Beverly not members of the
board of aldermen to act as such commission, who shall be confirmed
by the board of aldermen. This commision shall serve without compensation
and shall have full power to secure plans, approve the same
except as hereinafter provided in the case of buildings for school purposes,
and to make contracts after having submitted the plans to the
board of aldermen together with estimates of the cost of construction,
provided that the board of aldermen have made appropriations to
cover the said cost. But no site for a school building shall be acquired
by the city unless the approval of such site by the school committee
or a majority thereof is first obtained in writing.
No plans for the construction or alteration of 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
or a majority.thereof is first obtained in writing. Nothing herein
shall require such approval for the making of ordinary repairs.
(Id. § 360
As to power of board of aldermen to abolish, consolidate or reorganize departments
or offices, see char., sec. 16. For provision conferring duties and
powers of superintendent of highways and sewers upon commissioner of public
works, see ch. 22, sec. 1, of this volume.
18
§ 37 GHARTER §'39
Sec. 37. School committee
The-school committee of said city shall consist of the mayor, ex
officio, and of eight members who shall be elected as provided by
section nine. Said committee shall have the entire management and
control of the schools of the city, may elect a superintendent of schools,
and may appoint other subordinate officers and assistants, as it may
deem necessary for the proper discharge of its duties and the conduct
of its business; shall define the terms of service, duties and compensation
of suoh officers, and remove and discharge them at its pleasure.
The school committee shall be the judge of the election and qualifications
of its members, and shall determine the rules of its proceedings.
A majority of the committee shall constitute a quorum for the
transaction of business, but a smaller number may adjourn from time
to time. Should a vacancy occur in the office of an elected member
of the school committee for any cause, the mayor shall, as soon as may
be, call a joint convention of the board of aldermen and the school
committee, at which the president of the board of aldermen shall preside,
and the vacancy shall, by vote of a majority of such joint convention,
be filled by the election of a member according to the vacancy
existing, to serve for the balance of the unexpired term. (Id. § 37; 1936,
· c. 29, § 7.)
Sec. 38. Same; meetings.
The school committee shall meet on the first Monday in January
in each municipal year, and shall, at such meeting or as soon thereafter
as may be, organize and elect one of its members by ballot as clerk
and any other officers herein provided for. (Id. § 38.)
Sec. 39. Same; powers and duties.
The school committee shall exercise all the powers and be subject
to all the duties imposed by law upon school committees. The committee
shall in the month of October in each year submit to the mayor
For full treatment of the law of the Commonwealth as to school committees,
see G. L., c. 71, sees. 45-67.
Prior to the amendment of 1936 the committee was composed of seven elected
members. In filling a vacancy the election was to serve until the end of the
municipal year in which the vacancy occurred and at the annual election a
further vacancy, if any, was filled for the unexpired term.
For powers and duties of school committees as provided by law of the Commonwealth,
see G. L., c. 71, sees.. 37 et seq.
19.
§ 40 CHARTER AND ORDINANCES
an estimate in detail of the amount deemed by it necessary to expend
for its purposes durhug the ensuing financial year, which estimate shall
be transmitted by the mayor in the manner provided in this act with
such recommendations in regard thereto as he may deem necessary.
Except as required or empowered by law, the school committee shall
cause no liability to be incurred and no expenditure to be made for any
purpose, beyond the specific appropriation made therefor by the board
of aldermen. (Id. § 39.)
Sec. 40. Notification to mayor of need of schoolhouse or alteration
thereof.
Whenever, in the opinion of the school committee, a schoolhouse
is required or material alterations are needed, they shall send a communication
to the mayor and board of aldermen stating their reasons
therefor. (Id. § 40.)
Sec. 41. Sessions of school committee to be open; vote of committee.
All sessions of the committee shall be. open to the public, and a
journal of its proceedings shall be kept which shall be subject to public
inspection. The vote of the committee upon any question shall be
taken by roll call when the same is requested by at least three members.
(Id. § 41; 1936, c. 29, § 8.)
· Sec.. 42. Liability not to be incurred in excess of appropriations.
No official of said city, except in a case of emergency involving the
health and safety of the people or their property, shall expend in any
municipal year any sum for any purpose in excess of the appropriation
duly made therefor in accordance with this act, nor involve the city
in any contract for the future payment of money in excess of such
appropriation, unless so permitted or required by law. Any official
violating the provisions of this section shall be punished by a fine not
exceeding three hundred dollars, or by imprisonment for a term not
exceeding six months, or by, both such fine and imprisonment. (Id.
§ 42.)
4Note that. the manner of transmitting the budget as provided in the charter
was superseded by G. L., c. 44, sees. 32-34. ·
This section was amended by the Acts of 1936, which substituted the word
"three" for the word "two" as the next to the last word in the section.
For law of the Commonwealth similar to this section, but which requires a
two-thirds vote of the members of the board of aldermen for expenditures in
excess of appropriation, even in cases of extreme emergency, see G.. L., c. 44,
sec. 31.
2O
§ 43 Charter § 44
Sec. 43. Conviction creating vacancy in office; approval of bills and
vouchers; expenditures differing from appropriations.
The.conviction of the incumbent of any office established under this
act of a crime punishable by imprisonment shall operate to create a
vacancy in the office held by him. Every bill and every voucher for an
expenditure of money shall be approved by the signatures upon such
bill or voucher of a majority of the members of the committee, or of
the officer, having control of or incurring such expenditure. No sum
appropriated for a specific purpose shall be expended for any other
purpose except upon the written recommendation of the mayor and
the affirmative vote of at least seven of the members of the board of
aldermen with a lapse of at least one week between the two readings of
such an order; and no expenditure shall be made nor liability incurred
by or in behalf of the city until an appropriation has duly been voted
by the board of aldermen sufficient to meet such expenditure or liability
together with all prior unpaid liabilities growing out of the item for
which said appropriation is made. (Id. § 43.)
Sec. 44. Franchises.
No franchise or right to occupy or use the .highways, bridges or
public places in said city, shall be granted, renewed or extended except
by Ordinance and under the provisions of law, and every such franchise
or grant relating to street railways, gas or electric light, or power plants,
telegraph or telephone, systems, or other public service utilities within
said city having first been granted .or renewed, as provided in this act,.
by the mayor,and board of aldermen, shall not be valid until approved
by .a majority of the electors voting thereon at a general or special
election called under the provisions of this act. In all cases however
where extensions of existing franchises or rights are sought, the same
may be granted to the holders thereof in the manner provided in
section twenty-one of this act, and in such cases approval by the voters
shall not be required to render the same valid, unless within thirty days
after the final passage of the order granting the extension, a petition
objecting thereto, signed by at least three hundred qualified voters of
the city shall be filed with the city clerk..(Id.-§ 44.)
For law of the Commonwealth as to transfer of appropriations, see G. L,
c. 44, sec. 33B.
21
§ 45 CHARTER AND ORDINANCES § 45
Sec. 45. Contracts.s
No contract for the purchase of materials or supplies, or for labor
to be furnished, except labor to be rendered in person, involving the
expenditure of more than three hundred dollars for any one specific
purpose, shall be valid unless the same be, in writing and signed in
behalf of the city by the mayor and the officer, or a majority of the
board or committee, authorized to incur the liability. No such contract
shall be made until proposals shall have been invited by an advertisement
printed three times in one or more newspapers for at least ten
days before the time designated therein for the closing of bids, unless,
in the case of any particular contract, the mayor shall in writing
recommend that the same be not advertised. In such writing, the
mayor shall fully set forth the necessity for such recommendation, and
his reasons for the same, and in such case the provisions herein for
advertising shall be suspended if the board of aldermen by a two-thirds
vote approve the recommendation. At the time and place appointed
in said advertisement all bids received shall be opened publicly, and
the contract shall be awarded to the lowest responsible bidder complying
with the regulations, who, in the judgment of the officer, member
or committee authorized to incur the liability, is competent and
can procure the means to perform the contract satisfactorily, but any
and all proposals may be rejected if such a course is deemed to be for
the interests of the city. No proposals shall· be considered unless received
within the time designated in the advertisement, nor unless
properly sealed and accompanied by a duly certified check for the
amount, if any, specified in such advertisement, to be drawn on some
national bank or trust company in the commonwealth and payable to
the order of 'the city treasurer. The check shall be returned to the
depositors as soon as' the contract is awarded, except that if the successful
bidder does not duly execute the contract upon request and sign
any bond which may be required by its .terms, the check accompanying
his proposal shall be delivered to the city treasurer for collection. No
bond shall be furnished of less than one quarter nor shall it exceed
one half Of the total amount of the contract. A duly executed copy of
every such contract shall be filed with the city clerk forthwith upon
Prior to the 1913 amendment the second sentence of this section provided
for printing in one or more newspapers for at least three week days before the
time designated, etc. The amendment of 1936 added the words "or trust company''
in the sentence requiring a duly certified check to accompany the proposal.
22
§ 46 Charter § 46
the signing of the same. Every such contract requiring the employment
of mechanics and laborers in the construction of public works
shall contain the provisions required by law to the effect that preference
be given to citizens of the commonwealth, or if they cannot be had
in sufficient numbers, to citizens of the United States. (Id. § 45; 1913,
c..398; 1936, c. 29, § 9.)
Sec. 46. Board of commissioners of trust funds
In January following the acceptance of this act the mayor shall
appoint, subject to confirmation by the board of aldermen, four persons,
inhabitants of the city, who, with the city treasurer, shall be
members of a board to be known as the board of commissioners of trust
funds. One such commissioner shall be appointed to serve for one
year, one for two years, and two for three years, and until their successors
are appointed and qualified; and thereafter at the expiration
of the term of service of every such commissioner, a successor shall be
appointed in the manner aforesaid to serve for the term of three years.
The city treasurer shall, ex officio, always be a member of the said
board of commissioners. In case a vacancy occurs in the board, it
shall be filled by appointment as aforesaid for the unexpired term.
Any commissioner may be removed by the mayor at any time, such
removal to be confirmed by the board of aldermen. The members of
the board of commissioners shall serve without compensation. The
board shall, so far as is consistent with the terms of the trusts under
which trust funds are held by the city invest, manage, control and. have
the custody of all such funds, and .as a part of such management shall
distribute, subject to the written approval of the mayor, the income
of said funds in accordance with the terms of the respective trusts:
provided, however, that the income of any funds now or hereafter held
in trust for cemetery purposes shall continue to be distributed by the
board of managers of public cemeteries as heretofore. The board of
commissioners hereby constituted shall keep a record of its doings and
at the close of each municipal year shall make a report, thereof to the
mayor and board of aldermen. (Id. § 46.)
For law of the Commonwealth as to contracts on file with city clerk, see
G. L., c. 41; sec. 17. As to city treasurer as custodian of all contracts, bonds
and certain legal instruments, see ch. 2, sec. 35 of this volume.
For law of the Commonwealth as to commissioners of trust funds, see G. L.,
c. 41, secs. 45-47. As to annual examination of notes and securities of
board of commissioners of trust funds by committee on finance and property,
sec ch. 2, sec. 7 of this volume.
23
§ 47 CHARTER AND ORDINANCES. · § 49
Sec. 47. Repeal.
Chapter one hundred and sixty-one of the acts of the year eighteen
hundred and ninety-four, as amended by chapter three hundred and
nineteen of the acts of the year eighteen hundred and ninety-eight, is
hereby repealed, provided, however, that the repeal of said acts shall
not affect any act done or any right accruing or accrued or established,
or any suit or proceeding had or begun in any civil case before the
time when such repeal shall take effect; and that no offence committed
and no penalty or forfeiture incurred under the acts hereby repealed,
and, before the time when such repeal shall take effect, shall be affected
by the repeal, and that no suit or prosecution pending at the time of
said repeal, or for any offence committed, or for the recovery of any
penalty or forfeiture incurred under the acts hereby repealed, shall be
affected by such repeal; and provided also that except as herein otherwise
provided all persons who, at the time when said repeal takes effect,
shall hold office under said acts shall continue to hold the same according
to the tenure thereof. No act or part of an act which has heretofore
been repealed shall be revived by the repeal of the acts mentioned in
this section. (Id. § 47.)
Sec. 48. Submission for acceptance.
This act shall be submitted to the qualified voters of the city of
Beverly for acceptance at the annual state election in November, nineteen
hundred and ten; and the city clerk shall, not less than one month
before said election, transmit by mail or otherwise to every registered
voter of the city a copy of this act. The vote shall be taken by ballot
in answer to the following question: Shall an act passed by the general
court in the year nineteen hundred and ten, entitled 'An Act to revise
the charter of the city of Beverly' be accepted?" AIl general· laws
covering and applicable to a special election of a city officer, so far
as consistent with the provisions of this section, shall cover and apply
to the election at which this act shall be submitted as aforesaid. (Id.
§ 48.) :
Sec. 49. Common council and former school committee abolished.
Upon the taking effect of this act the common council of said city,
and the present school committee shall be abolished and the term of
office of all members thereof terminate. All the powers, duties and
liabilities of said common council shall devolve upon, and thereafter
be exercised by, the mayor and board of aldermen created by this act;
4
§ 50 CHARTER § 50
and all the powers, duties and liabilities of said school committee, shall
thereafter be exercised and performed by the school committee provided
for by this act. (Id. § 49.)
Sec. 50. Time of taking effect.
So much of this act as authorizes and directs its submission to the
qualified voters of said city, shall take effect upon its passage; so much
hereof as relates to elections hereunder shall apply to the annual
municipal election to be held on the Tuesday after the second Monday
in December, nineteen hundred and ten, should said act be accepted as
aforesaid; and, if accepted at said election, this act shall take full
effect on the first Monday in January next ensuing. (Approved May
23, 19.10.) (Id. § 50.)