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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.)