1958 ed. CharterPART I.
THE CHARTF H.
10.
11.
12.
15.
14.
15.
16.
§ 17.
§ 18.
21.
22.
25.
25.
26.
27.
28.
§ 2.9.
Municipal corporation; name; rights and duties.
Division of dO/inw wards.
Mayor and board of aldermen to administer affairs; school committee;,
separation of departments.
Meetings of qualified vote~. .~
Calling' election~ "'
When and how meetings of qualified voters called; discussion confined
to purpo~ of petition.
Time of holding ciO/election; municipal year.
Election of mayor, aldermen and school committee; vacancies i.n Office.
How mayor and aldel-'.en elected; terms of off, e; president ot board
of aldermen.
Bo~d of aldermen to be judge of election; rules; acting mayor,
Nomination of municipal officers; orde~ of names on ballot..
Oath of offce of mayor and aide,men.
Powers o! board of aldel~uen;' compensation; open sessions; journal; vote
by roll call; private sitti~s for nomination of ~nayor.
Election of certain offcers by board of aldermen; terms of offce; removal
from office; vacandes.
Salaries of officers and empJoYees.
Making and publication of ordinances; additional boards or. officers; re-
organization, consolidation or abolition of boards and offices. ~.
La~ing out, locating, widen/ng, etc., of streets.
Approval of ordinances, eta,. by 'mayor;' objections; reconsideration.
Aldermen .may request in/ormation from mayor.
Appointment or election of certnln, boards and officers; chief .of police and
· subordinate, officers; rules and regulations governing departments.
Certain ordinances, etc., to be open to public inspection; voting by roll
call; itemization of appropriation orders.
Contracts in excess of three hundred dollars to be signed bY mayor.
Bonds for performance .of' contracts; 'board of aldermen to have care and
custodl~ of public p~operO/.
Power Of board of aldermen in regard to fire limits.
Spedal meetings of boald of alde,l~en.
Aldel'u~en not to ..hold other ciO/ offices .or act as counsel before board.
Manner of vote by board of aldermen.
Executive powers vested in'mayor; general powers; suspension of certala
Mayor to preside at meetings of board of aide, men; appointment of
committees.
1. As indicated by the footnotes in the text, the Charter (chapter 54R, Acts '
of 1910) was. amended by the following acts: 1915, c. $89; 1920, ¢. 26; 19S6, c. ~9;
194S, c. 198; i954, c. 602.
1.
§ $0. Mayor tO communicate 'infonnati0n to, board of aldermen; records;
§ $1. Estimates of expenses; budget; app/-oPriations.
§ .89. Duty of mayor.as to legal instruments.
§ $~. 'Appointn~ent of administrative'officers and. boards by mayor; appointment
of dry solicitor.
§ 84. Powers and duties, of administrative Officers;' records; employment o/
subordinat~ officers; appears.nee before board of aldermen; oaths. '
~§ 8~; Superintendent of highways and sewers.
§ ~6, Committee to supervise erection, e~c., of buildinss; approval of school
sites and plans for school bulldinss.
§.'87; School committee.
'§ 88~ Same--Meetings.
§ $9. Same--Powers and duties.
§ 40,. $ame--Notificatibn to mayor of need of schoolhouse 'or alteration thereof.
§ 41. Same--Se~_ ions of school c~rnmittee tO be open; vole of committee.
Liability not to be incun-ed in e~cess of appropriations.
Conviction creating vacancy'in'office; approval of bills and voUchers;
expenditures diffe{tng from appropriations.
Franchises.
Contracts.
Board of commissioners of trust funds.
RepeaL
Submission for acceptance.
Common council and former school committee abolished.
Time of ~aking effect. "
~l~c. '1. Municipal corporatiom nv~_-~ rlqhts and duties.
:.. The inhabitants Of the City of Beverly shall continue to be a
municipal corporation under the name of the City of Beverly.s, and
as such shall have, eXercise and-enjoy all the rights, powers and privi-
:-leges, and shall be subject to all the duties and obligations now per-
raining to and incumbent upon the said city as a municipal
corporation. (Acts of 1910, c. 542, § 1.)
~. 2. Division of city into wards?
The territory of .the city shall be divided into six wards with their
l~oundar{es as at present constituted,' until the same are .changed
der the provisions of law. (Acts of 1910,. c. 542,. § 2.)
2. Beverly was founded in 1626, became a town in 1668 amd became a city in
1894.
· B. For law of the Commonwealth as to decennial division of cities'into wards,
see G. L., .c. ,9t, sec 1
Soc. $. Mayor and board, of aldermon to a,4,,,J,,g,,ter affalrs~ school.
commll~oe; soparatlon of depaflmonts.~
The administration of all the fiscal, prudential and r~uniciPal
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, S--shall
be .vested in an executive department which shall c0nsi~t of' o~e
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 .alder-
men, the members whereof sh~ll be called aldermen. The legis!,ative
department shall never exercise any exeCUtive power, and the ex-
ecutive department shall never exercise any .legislative power, except
as may otherwise be provided hei'ein. (Acts of 1910, c. §42, § $;
1956, c. 29, § 1.)
~eot of amendment.--This section was amended by the 19~6 Acts which in-
creased the number of school committee members from seven to nine.
Soc. 4. Moo#,,.fl~ of c~,..lm,,d votorn.
All meetin, gs. '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 aldet'~uen,
and, so far as may be, in the manner provided for calling elections
in cities by chapter five hundred a.nd 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 aldei~,-,en 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, (Acts of 1910, c. 542,
§4.)
4. For a derision construing a substantially identical provision of the Charter
of the City of Fall River, see Draper v. Mayor of Fall 'River, 185 Mass. 142, 1§0,
69 N. E. 1068
6. See editor's note to sec. 9.
6. By G. L., c. 54, sec. 63, codified from the act here r~ferred 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.
'8
§. ~ CHAR~' AND ORDINANCE~ § 7
All m~tings for the election of natiOnal, state, county and. dis-
trict otticers .shall be called by order'of the board of aldermen in
the manner in which meetings for municipal elections are called.
(Ac of c. § s.)
Soc~ 6. When and how '.meetings'of quall'lod 'voteu cello& db.
cumdon co,,",,ed to purposes of potltloo..8
General meetings of the citizens' qualified to vote may, from time
to time, be held according to rights secured by the constitution Of
the...~ornmonwealth and all such meetings may, and upon ihe re-.
quest in writing of fifty qualified voters setting forth the purposes
thereof, shall duly be called by the board of aldermen. Any dis-
cussion or action taken at such a meeting shall be confined to the
purposes set forth in the petition. (Acts of 1910, c. 542, § 6.)
Sec. 7. Time of ho!,41,,? city eloctlom .municipal year.
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 ih December. The mu-
nicipal year shall begin on the first Monday in January in eac~h
year, at twelve o'clock noon, and continue until the first Monday in
January next following at twelve o'clock noon? (Acts of 1910, c. §42,
§ 7; 1956, c. 29, § 2.)
lditor's note.--While .Acts of 1951; c.. 258, approved April 12, 1951, does not
specifically amend this Charter, it provides as follows:
.. "$RC'rlON 1. Beginning with the year nineteen' hupdred and fifty'five,
I~i~nnial municipal elections in the city of Beverly for the choice of may~r,
members of the board of ald~,men 'and members of the school committee ~han
be held on the second Tuesday o! November in eyery odd-numbered year.
.. ~$ECTION 2. No biennial municipal election shall be held in said city in
the year nineteen hundred and fifty-four.
SECTION 5. The tetm~ of office of the mnyor and of the members of the
board of aldet.-en elected in said city in the year .nineteen hundred .and fifty-
?. For 'law of the Commonwealth as to calling of elections, see G. L., c. 54, sec.
65.
8. As to duties of city clerk at meetings of citizens, see ch. 2~ sec. 38 of this
v~. lume.. · .' 9..For fiscal year, see ch. 2, sec 58 of .this.volume.
§ 8 C u .zrz § 8
two shall continue until' the qualification of their' successors who shah be
elected at the biennial munidpal election to be held in the year nineteen
hundred and fifty-five. The t~ms of office of the members of the sc~, ool com-
mittee elected in said city in .the year nineteen hundred and fifty shall continue
until the qualification of their successors who shall Be elected at the biennial
municipal election to be held In the year nineteen hundred and fifty-five. The
terms of. office of the members of the school committee elected in said dry in
the year nineteen hundred and 'fifty-two shall continue until the qualification
of their successors who shall be elected at the biennial munidpal election to
be held in the year nineteen hundred and fifty.seven.
SECTION 4. Such provisions of chapter five hundred and fOrty-two 'of the
acts of nineteen hundred and ten, and aCtS in nmendment thereof or in addition
therew, as are Inconsistent with this 'act are hereby repealed.
'SECTION 5. This. act shall be submitted to the registered voters of the
city of Beverly at the biennial state election in the year nineteen hundred and
fifty-two in the form of the following question which shall be placed upon
the otf~ctal ballot to be u~ed in said city at said election:--"$haH an act passed
by the gene..~l court In the year nineteen hundred and fifty-one, entitled 'An Act
providing for the holding of biennial municipal elections in the City of Beverly
in odd-nnmbered years and establishing the date of said elections¥, .be aecepted?"
If a. majority of the voters voting thereon vote In the afftrmative in answer to said
question, this act shall thereupon tnke full effect, but not otherwise."
This section should be read In the light of the above quoted Act.
Effe0t of nm~ndment.--Prior to the amendment of 1956 this section pro-
vided for an annual election Instead of a biennial election.
Soc. 8.. Eloctlon of mayor, aldermen and scho°l co,-Mqtee vacan'
des bx office, ,
At- the biennial dry election 'the qualified voters of the city shall
give i.n their votes by ballot/or 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 iu~ch
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
de~lared to be elected. If it shall appear thnt there is no choice for
'm~yor, 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. office
· of a mayor, the board of aldermen shall forthwith cause warrants
§ 8' C~Aa~-a. A~ O~,S~SCU · § 8
to be issued for. a new election and the s~me 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 n-tuber of the members of the board Of'alder-
men 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 tea.., of office, the board of aldermen shall forthwith elect
fr°m among the qualified voters of the dty or Ward, as the case
may be, some person or persons to fill the vacancy or vacancies for
the remainder of the unexpired re,.... In case a vacancy in the office
of mayor shall occur within four months previous to the expiration
oi the unexpired term; the board, of aldermen 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 aldeL-...en within said period/' of three
months, fill said office in the m~nuer aforesaid.
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 froTM 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
tet,,,~ of office of the two members of said committee, one from ward
one and on~ from ward five, expiring on the first Monday in Jan-
uary in the year nineteen hundred and thirty-eight, .are hereby ex-
tended until the first Monday in January in the year nineteen
hundred and thirty-nine. The teim Of office.of the member at large
of said committee expiring on the first Mondal~ 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 £orty-
one.
Commencing with the biennial city election in the year nineteen
hundred and thirty-s/x, a successor to each of the elected members
of the school .COmmittee ·whose term will expire in Januar~ then
next ensuing shall be elected by b~llot, for the term of four years
from the first Monday in January then next ensuing, by the quail-
'fled voters of the whole city, voting at large, from' 'the qualified
VOters,. either of the whole city or of a ward thereof, a~ in the c!se
of the election of the member whose t~,- will so expire.
The mayor, aldermen and members o£ the school committee shall
hold office for their respective, terms and until their respective suc-
cessors are qualified. (Acts of 19!0, 'c. !142, §§ 8, 9~ 1936, c. 29,
~litor's aot~.-see editor's notes to secs. 7 and 9.
~gfe0t of ameadmeat.--The amendment in 1936 struck out the 'word
"annual" at the beginning' of the section and substituted the word "biennial."
~ 9. How '"-lrOg a~d ald~ ~l~tsd~ tsrms oi'.office~ prod-
dent of board of aldermen.
At each biennial city 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
bers of the board of aldermen, and by and trom.the qualified votei~
o£ 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 n,,mber
of votes at any .biennial city election,., including .the biennial city.
· . election in nineteen hundred and thlrty~ix, shall be president
the board of aldermen. (Acts of 1910, c. 542, § 9; 1936, c. 29.)
~gditor's note.--While Acts of 1957, c. 13~ did not spedfically ~m~nd this
Charter, it provided as ~ollows:
"SECTION 1. The members of the school committee o£ the city of Beverly
thai1 be elected as follows:--Two shall be elected by and from the qualified
vote~ of the entire city, voting at large, and one shall be elected by and hcoTM
the qualified voters of each ward of said city.
SECTION i. Such provisions of chapter five hundred and fiyrty-two of the
acts. of nineteen hundred and ten, and a~ts in amendment thereof and' in
· addition thereto, as are inconsistent with this act are hereby repeaied.
SECTION 8. The terms of office of tbe~members of the school committee
· elected in said city.in the year nineteen hundred and fifty-five shall be con-
tinued until the qualification of their suc~jsors who shall be elected at the
municipal election to be held'in the year nineteen hundred and fifty-nine.
.The tc~m~ of office of the members o! the school i:ommlttee elected in said city
in the year nineteen hundred and fifty-seven shall continue until L~e quali-
fication of their successors who shall be elected at the biennial municipal
election to be held in the year nineteen hundred and sixty-one.
.. SECTION 4. This act shall be. submitted to the city council o£ the city of
':Beverly for acceptance in accordance with the provisions of its charter and,
if so accepted on or before June thirtieth in the current year, shall be sub-
mitred to the registered voters of said city at the municipal election to be held
in. the ?ear nineteen hundred and fifty-seven in the form of the following
question which shall be placed upon the official ballot to be used in said city
at said election:--"Shall an act passed by the general court in the year m'neteen
§ 10 CHAI~'r~:i~AND ORDINANcF~ § 11
hundred, and fifty-seven, entitled 'An Act providing that certain members of the
school co~nmittee in the city of Beverly be elected by wards', be accepted?" If
a majority of the voters voting thereon vote in the affirmative in answer to
said question, this act ,hall take full effect, but not otherwise."
This section should be read in the light of t~e above quoted Act.
~eot of amendment.--This section was so changed by the 19~6 amendment
that a comparison is necessary to determine its effect.
,~c. 10.' Board of aldemmn to Im ludqe of ~lsctiom rules~
The board of aldei,-,~en shall be. the judge of the election and
qualification of its members, and shall from time to time establish
rules for its proceedings.. In the case of the death, inability, absence
or resignation o£ the mayor, and whenever there /s a vacancy in
the office for any cause, the president o£ the board of aldermen,
while such cause continues, shall perform .the duties of mayor.
the president of the board of aldermen is also absent or unavailable
for any cause, the said duties shall be perio~,,,ed until the mayor or
president of the board o£ 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 election, 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 peioaanent
appointments .except upon the death or resignation of the 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 tenn. In such _,y~se, said
acting mayor shall per£oiiii all the duties and be clothed with
all the authority of the office of mayor for the remainder of the
term. (Acts of 1910, c. 542, § 10.)
Sec. 11. No,,,l'~ti°n of municipal officers~ order ot names on'
balloL~
Any male qualified and registered voter in said city may be
nominated for any niunicipal elective office, and the procedure for
1. 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 can-
didates, statements of the candidates, petition accompanying statements of can-
didateS, official preliminary ballot, etc., see Acts of 1922, c. 140.
. § 12 CX~Agrr~ § 12
procuring such nominations~ obtaining signatures, filing and certifi-'
cation 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 per-
t~alning.= 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 manr~er and under
the same provisions of law as men. Thc names of candidates ap-
pearing 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
thc nominations.
· The order of precedence in which'the n~mes of all candidates to
bc voted for at 'any municipal election shall appear on the official
ballot shall be deter~nined 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. (Acts of 191.0, c.
542, § 1 I.)
~ec. 12. Oath o~ o~itce o! nmyor, and aldermen."
The mayor-elect and the aldermen-elect shall, on the first Mort;
day in January of each odd-numbered year at twelve o'clock noon,
meet and be sworn to the faitlfful discharge of their duties. The
oath may be administered to the mayor by thc 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 hav~ng 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 aldetulen.
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, and at any time thereafter
in like manner the oath of office ma7 be administered to an7 mem-
ber 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. A~ter the oath' has
been administered to the aldet-.~en present they-sb~]] o~]~ganize,
S. G. L., c. 58, seca. 55-64. '
:.. '.' 8. For law of the Commonwealth.as to loyalty oath of.each person entering
:...employ of city, nee G. L., c. 264, ~cc. 14.
§ 1~ C~-~R'mg ~,i~D O~.vm~,Ncas § 15
with the member .elected at large receiving the highest nUmber of
votes, at the preceding biennial dry election, as president, as pro-
vided in section nine. The president .shall be sworn by' the dty
clerk, or in case. of the absence of the clerk, by any justice of the
peace. Nothing in the duties of his om. ce shall be held to deprive
him of his right to vote and act as'a member of the board. (Acts of
1910, c. 542, § 12; 19~6, c. 29, § 5.)
Eteot of amendmeat.--The amendment of 19~6 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?' ~
Sec. 13. Powers of board of aldennem compensaliom open ses-
sions~ journal: vote by roll Call~ pdvate sittlnqs
The board of alde~v~en shall, so far as is consistent with'this act,
have and exercise all the legislative power of towns and of the 'in-
habitants 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 ~orporation, ~nd sh~ll have all the Powe~a and be
subject to all the liabilities of city coundls, and of either branch
thereof, and it may by ordinance prescribe the m~nuer in which
such powers shall be exerdsed. Its members shall receive in full
compensation for their services as members of the board o£ alder-
men, or of any committee thereof, such salar~~ as may be eStablished
by ordinance, but not exceeding three, hundred dollars per ann,,m
for each member. Sessions o£ the board whether as a board o£
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 czll 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.~..(Acts of 1910, c. 542, § 18; 194~, c.
19S, § 1.)
Effe0t of amea,~,aent.--prior to the 194~ amendment, no compensation was
allowed the members of the board o! aldermen or of any committee thereof.
The 194/I Act provided that the Act be submitted for acceptance to the
voters, and it'was accepted at the election of December 19,
Establishing or Changing salaries o! aldermen is now governed by G. L.,
c.. $9. sec. 6A.
10
§ 14 C~T~ § 14
The board of aldermen shall in the month of Jan-~ry in each
even-numbered year, as soon alter i~ 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 c~mmittees,, all for the
term of two years from the first Monday in said January and until
their respective successors are qualified. The te~.~ of Office of all
o~cers and members not annually elected under the present city
.Charter, except'the school committee, whose te~"a~ 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 ~ea-m or terms to which they were elected under
the 'present law, and. upon the expiration of such term or tel-..,, the
- vacancies shall be filled as hereinafter provided. The board of
aldeamen 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 6f health for three years, a m~mber
of the park commissioners for three years,'a member of the' over-
seers of the poor5 for three years, and a m~,,.ber of the water board
for three year~, each 'of which boards shall consist of three mem-.
bets as at present constituted,e Thereafter there hhall annually be
elected by the board of aldel...en a member of every such board or
· .office to serve for the teiut of three years, as the tea-,., or terms Of
such member or officer shall expire. Any term or tea-..~* 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 aldea--.en may be removed by the said board 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 ac. ti shall be
4. As to manner of vote by board of aldermen, see Char., sec. 2?.
5. By Acts of 1923, c.' 26, the Board of Overseers of the Poor Was changed to
Board of Public Welfare.
8. As to power 'of Board of Aldermen to abolish, consetlidate Qr ~eorg-dllize de.
partments or offices, ~ee Char., sec. 16 of this volume.
For provision conferring the duties and powers of the board of park com-
missioners, the water board and the SUperintendent of waterworks upon the
commissioner of public works, see ch. 22, sec. 2, of this volume.
11
8 15 CaARr~R AND O~INA~C~S 8 15.
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 entiiled to hold the-same.7 (Acts of 1910, c. 542, 8 14;
1956, c. 29,'8 6; 19§4, c. 602.)
v. ffeot of amendmant.--Prior to the amelldment of 1936 this section provided
for an annual election and for terms of one year for officers enumerated in' the
first sentence.
The 195t amendment substituted "even-numbered" year for "odd-numbered"
year in the first sentence.
Sec. 15. Salaries ot officers and employes,s
The. board of aldermen shall by ordinance determine the salary
of the mayor and of all the officers and employees of the city, in-
cluding the firemen, policemen and city laborers, .except as other-
wise provided herein, and .may in like manner change the said
salaries from time to time, any such change to take effect im-
mediately upon the passage of the ordinance, but no increase of
salary shall be made after July first Of any municipal year? (Acts
of 1910, c. 542, 8' 15; 1920, c. 26.)
l~ditor's note.--Sec. I, c. 478, Acts 1955, modifies this section to some extent
as to the salary of the mayor.
· l~eot of amenament.--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 el[ect until the mu-
nidpal ~ear succeeding that il~ which the ordinance was passed.
?. The provisions 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 con-
firmation by the board of aldei~en, shah appoint a temporary officer whenever
the office of city clerk, dty auditor, city treasurer, city collector of taxes or
other officer because of disability or absence is unable to perform his duties.
6. l~or law of the Commonwealth requiring inclusion in annual budget of
sums sufficient to pay sahries of officers and employees fixed by law or by ordi-
nance, and recreating new positions and increasing salaries, see G. L., c. 44, sec.
33A.
9. For enumeration of salaries, see ch. 2, secs. 5-8, of this volume.
§ 16
sec. 16.
Making and publlcation*°f o~,',-',~,,ea~: additional boards
or offlcom~ reozq~,,,l--tkw~ consolMation or abolition
The board of aldeiaien shall have power to make 'and eStablish
'ordinances to be effective within the city, and to affix l~enalties 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 o£ approval,s Under their .general power
to make and establish ordinances the board of aldermen may pro-
vide 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 arlmini-
stration, and for other municipal purposes. The board shall ther,ein
detei~ine the number, duties, powers and salaries of the incum-
bents 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 alder-
men. The board of aldeiaien 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
of one department to another in whole or in part.8 Said board shall
h=ve all the powers of existing law, in this behalf delegated to city
councils, and inhabitants of towns, to establish ordinances as afore-
said, and in all other respects to make valid and reasonable by-
laws for said city. (Acts Of 1910, c. 542, § 16.)
1, ]For law of the Commonwealth relative to purposes, for which dries may
make ordinances or bylaws, see G. L., c. 40, secs. 21-$1.
~. For law of the Commonwealth as w publication of ordinances in book
form, see G. L., c. 40, § $2A.
In Forbes v. City of Wobum, 506 Mass. 67, 72, ?S, 27 N. E. (2d) ?SS, the
court reviews the charter provisions of many of the cities of Massachusetts,
tiring this section, relative to the publication Of'ordinances,
8. For law of the Commonwealth as to transfer 'of appropriations generally,
see G. L., c. 44, sec. $~B.
18
§ 17 CHARTER AND.ORDINANCES § 18'
Soc. 17. · Laying out, locating, widening, etc., of atroets.&
The board of aldermen shall, with the approval Of the mayor,
have exclusive authority and power to order the laying out, 'locat-
ing anew, widening, discontinuing, or changing .the grade of, and
the making of specific repairs in al/streets, and, except as is other-
wise provided herein, it shall act in all matters relating to such
laying out, locating anew, widening, changing of grade, or di_s.
continuing. 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 ali the rights and privileges now
allowed by law in such cases in appeals from decisions of the select-
men of towns. Nothing herein shah be held to deprive the county
commissioners of Essex county of any power or authority in relation
to highways conferred upon them by law. (Acts of 1910, ¢. !i4i,.
§ 17.)
8oc~ 18, Approval of ordlnancos, etc., by ma¥o~ obJectlona~ 're-
cone~de~atlo~..
All ordinances, orders, resolutions or votes of the board of alder-
men, except such as relate to its own internal affairs, shall be
presented to the mayor. Ii he approve thereof he shall silptify his
approval by si~ning the same, but ii not he shall return the snrne
with his objections to the board o£ 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, notwith-
st__n_nding 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. ii such ordir
nance, 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; and in such a case instead
of returning the original he. shall transmit a copy o~, the part not
4. For law of the Commonwealth'as to laying out public ways, see. G. L., c. 82..
, For ordinances relative to streets,, highways and bridges, see ch. ~6, seca,
1-~ of this volume.
14
§ 19 Cu~3~3~a § 20'
approved, which par?. 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 0,fficers by the board. (Acts
1910, c. 542, § 18.)
Sec. 19. Aldermen may request information from mayor.
The board of aldermen may at any time request froTM 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. (Acts of 1910, c~ 542, § 19.)
Sec. 20. Appointment or election of certain boards and
chief ot police ~,,a aUbor~t,,,,~e officers: rules and
uhflons goTe~l~,'~ dopartmonts.
The method and time of appointment or election, and the'con-
stitution of the fire and POlice departments, commissioners of sink-
ing funds, board o£ managers of public cemeteries, registrars o£.
voters,...trustees of the. public library, 'and all other boards, officer~
or'departments of the city, shall be made, held and ~int=Ined as
now provided by law, except as herein modified, and all ordinances
in respect to the said departments, boards or officers now in force
in said city, and all other ordinances now in 'force, shall continue
as valid' by-laws o£ 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 the subordinate
officers and members of the Pollce force shall be vested in the
m2yor, subject to confirmation by the board of aldermen. The 'chid
of police shall annually be appointed by the mayor without con~
flrmation by the board o[ aldermen, and may be.removed at any
time by the mayor. The board Of aldel-faen 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. (Acts of 1910, c. 542, § 20~)
5. For an act placing under the civil service laws the office of the chief of
police of the city, see Acts o£ 1936, c. 142.
15
§ ~l CHARTER AND ORDIHANCF.~ § 22
Sec. 21. Ce~-t~ ordinance, etc., to be open to public lnspectiom
voting by roll ~ itemization of appropriation ~rders.
Every ordinance, order, resolution or vote involving the ap-
propriation 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 amounf
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 aldeimen may in
discretion upon receiving the written recommendation of the mayor
with his reasons therein stated, pass such ordinance, order; resolu-
tion or vote on the same day when the ftrst reading is had by a two-
thirds yea and .nay VOte. On the final passage of all such ordi-
nances, orders, resolutions or votes, the vote shall be taken by roll
call. All orders carrying appropriations 'and' expenditures, 'or'
authorizing the borrowing o£ money, shall be in itemized foL,,,.
(Acts of 1910, c. 542, § 21,)
liec. 22. Conlracls in excess of th~ hundr~ 'dollars to be sign~cl
bi'
No contract made in behalf of the city involving an amount in
'excess of thr~e hundred dollars shall be valid unless it receives the
signature of the mayor,s Th/s provision shall not apply to
6. For law of the Commonwealth regulating the time and manner of making
.annual appropriations, see G. L., c. 44, secs. 32, $$, 33A. For law of the Com-
monwealth requiring certification of appropriation orders in detail'by
clerks to other olfu:er~, see G. L., c. 41, sec. ISA..
7, For law of the CommonWealth as to power of cities to enter inw contracts,
see G. L., c. 40, sec. 4.
For ordinances relating to municipal contracts, see ch. 2, sem. 82-84 of this
volume.
8. Copies of all contracts must be filed with the city clerk and city auditor
under the provisions of G. L., c. 41, sec. l?.
16
§ 23 C~A~g_~ § 26
exercise of the police power or other power of the Commonwealth
by any public officer or board so authorized by' law. (Acts of' 1910,
c. 542, § 22.)
Soc. 2:J. Bonds for performance at contracts; board at aldermen
to have care and custody of public l~roperty..'.
The. board o£ aldei-~en shall secure a just and pr~oper account-
ability for the perfoi-mahce 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 dty
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 n~me and for the use of the city whenever such
purchase is deemed by the board to be necessary. (Acts of 1910,
c. ~42, § iS.)
Sec. 24. Power of board of aldsnnon in regard to fire
The board of alde,-v,en '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 d2m-
age by fire. (Acts of 1910, c. 542, § 24.)
Soc. 25. Spochl meetings of board of aldermom
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 the usual place of
residence of each member at least twenty-four hours before the
time appointed for thc meeting. (Acts of 1010, c. §42, § 2§.)
Soc. 26. Aldermen not to hold other city atftcos or act as
before board.
No member of the board of aldermen shn]l, during the tel-ca for
which he is elected, hold any other office or position the salary or
17
compensation for which .is payable out of the .city treasury, nor
shall he appear., as counsel or act as attorney before .the board of.
alde,~aen or any committee thereof. (Acts of 1910, c. §42, § 26.)
Bee. '~7.. M,,,',,St ot vote ]:Y boazd o! aldermen.
All elections by the board of aldermen under any provision of
law shall be made by a viva Ooce Vote,' each member who is pres-
ent answering 'to his name when it is cnlled by the clerk or other
proper officer, stating the name of the person for whom he votes
or declining to vote as the case may be; and the cl~rk or. other
proper official shall record every such vote. No such election shall
be valid' unless it is made as aforesaid. (Ac~ of l§10, c. 542, § 27.) '
8ec~. 28. l~cfmutive.powens 'vested in malm~, genenl powen~ sun-
lmnslo~ oi em4.,l~ otib:en. '
The executive powers of the city shall be 'vested exclusively in the
· mnyor, who shall .enforce t. he 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 re-
garding 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 appoint-
ment was made by confumation of the board of aldermerl, [or
nny cause which he Shall in his'official discretion deem s-8~cient, ·
which cause he shall assign in the order of suspension. Such sus-
.pension shall take effect upon the filing of the order therefor with
the city clerk, and the serving o~ a copy thereot upon the officer
thus suspended either personally or by leaving the s~me at his' last
or usual place of business, or'.residence. The suspension of any
such o~cer shall, unless previously revoked by the mayor, 'create a
vacancy in such office .at the expiraiion of fifteen d~ys 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 whieh
~se a hearing shall forthwith be ·held. If, within one Week a~ter
the conclusion of said hearing, the board by a two-thirds vote shall
set aside the suspension, the officer shah be reinstated, otherwise, he
shall be held to be finally discharged from office, and the vacancy
therein shall be filled forthwith. (Acts of 1910, c. 542, § 28.)
9. For law of the Commonwealth providing that all elections of city officials
by a municipal body or board shah be by viva voce vote, see G. L.. c. ~9, aec. ~.
18
§ 29 CHARTER § 31
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. (Acts of 1910, c. §42, § 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. (Acts of 1910, c.
542, § 30 )
Sec. 31. Estimates of expenses: budqet; appropriations.
The mayor shall require from alI administrative ofiicers 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, 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 twothirds & vote of
all the members of the board. The mayor may submit thereafter
supplemental budget until such time as the tax rate for the
year shall have been fixed. The board of aldermen shall, on or
1. For law of the commonwealth relative to the annual budget, superseding
this section, see G. L., c. 44, 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 G. L., c. 44, sec. 31A.
19
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 law 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.
(Acts of 1910, c. 542, § $1.)
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. (Acts of 1910, c. 542, § 31.)
Sec. 33. Appointment of all administrative officers and boards by
mayor; appointment 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 appointment
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. (Acts of 1910, c. 542, §
Sec. 34. Power 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
g. For law of the Commonwealth permitting the mayor to make temporary
appointments, see G. L., c. 41, sees. 14, 61A. '
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 their respective duties, and certificates of their
oaths shall be kept in the office of the city clerk. (Acts of. 1910, a
~42, § S4.)
Sec.. 35. Superintendent of highways and sewers.
The street and sewer departments of the city, and all matters
coming 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. (Acts of 1910, a 542,
§ 35.)
3. As to power of board of aldermen to abolish, consolidate or reorganize
departments or offices, see Char., sec. 16 of this volume.
For provision conferring duties and powers of superintendent of highways
and sewers upon commissioner of public works, see ch. 22, sec. 2, of this volume.
§ 36. CHARTER AND ORDINANCES § 37
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 fifteen 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 commission 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. (Acts of 1910, c. 542, § 36; 1953, c. 95.)
See. 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 such 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 shaIl
4. For full treatment of the law of the Commonwealth, as to school committes,
see G. L,, c. 71, secs. 85-67.
22
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
cornmittee 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.
(Acts of 1910, c. 542, § 37; 1936, c. 29, § 7.)
Editor's note.-See editor's note to sec. 9 as to election of school committee.
Effect of amendment.-- Prior to the amendment of 1956 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.
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. (Acts of
1910, c. 542, § 38.)
Sec. 39, Same - Powers and duties.
The school committee shall exercise all the powers and be
subject to ali the duties imposed by law upon school committees. The
committee shall in the month of October in each year submit to
the mayor an estimate in detail of the amount deemed by it necessary
to expend for its purposes during, the ensuing financial year,
which estimate shalI 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
5. For powers and duties of school committees as provided by law of the
Commonwealth, see G. L., c. 71, sec. 37 et seq.
6. Note that the manner of transmitting the budget as provided in the
Charter was superseded by G. L., c. 44, secs. 32-34.
23
§ 40 CHARTER AND ORDINANCES § 42 § 42
and no expenditure to be made .for any purpose beyond the specific
appropriation made therefor by the board of aldermen. (Acts of
1910, c. 542, § 39.)
Sec. 40. Same -- 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. (Acts of 1910, c. 542, § 40.)
Sec. 41. Same - 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. (Acts of 1910, c. 542, § 41; 1956, c. 29, § 8.)
Effect of amendment.--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.
Sec. 42. Liability not to be incurred in excess of appropriatlons.
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. (Acts of 1910, c. 542, § 42.)
7. For law of the Commonwealth similar, to this section, but which requires a
two.thirds vote of the members of the board o! aldermen fur expenditures in
excess of appropriation, even in cases of extreme emergency, see G. L., c. 44,
sec. $1. '
-Cited in Lavelle v. City of Beverly, 330 Mass. 73, 111 N.E. (2d) 687.
§ 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 shail 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. (Acts of 1910, c. 542, § 45.)
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 vaiid 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
8. For law of the Commonwealth as to transfer of appropriations, see G. L.,
c. 44, sec. 33B.
§ 45 C~IARrZR AND Om)m.Nc~s § 45
of the city shall be filed, with the city clerk. (Acts of 1910, c. 542,
§ 44.)
Sec. 45. Contracts,
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
havre 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
9. For law of the Commonwealth as to power of cities to enter into contracts,
see G. L., c..40, sec. 4. For law of the Commonwealth requiring that copies of
all contracts be filed with the city clerk and city auditor, see G. L., c. 41,.sec. 17.
For ordinances relating to municipal contracts, see ch. 2, secs. 82-84 of this
volume.
26
· § 46 CHARTER § .46
delivered to the city treasurer for collection. No bond shall be
furnished of less than one-quarter nor shall it exceed one half
the total amount of the contract. A duly executed copy of every
such contract shall be filed with the city clerk forthwith upon
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.
(Acts of 1910, c. 542, § 45; 1913, c. 598;.1936, c. 29, § 9.)
Effect of amenamont. -- Prior to the 1915 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 1956 added the
words "or trust company" in the sentence requiring a duly certified check to
accompany the proposal.
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 arid 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 tenn. Any commissioner may be removed by the
mayor at any time, such removal to be confirmed by the board of
1, 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. 53, of this volume.
2. For law of 'the Commonwealth as to commissioners of trust funds, see
G. L, c. 41, sec. s; 45-47.
As to annual examinations of notes and securities of board of commissioners
of trust funds by committee on finance and property; see ch. 2, sec. 24 of this
volume.
$
§ 47 CHARTER AND ORDINANCES § 48
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 approyal of the mayor, the income of said funds in
accordance with the terms of the respective trust; 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. (Acts of 1910, c. §42, § 46.)
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. (Acts of 1910, c. 542, § 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.
8. The original Act of 1910 was submitted to the voters and accepted at the
State Election November 8, 1910.
28
§ 49 CHARTER § 50
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?" All 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. (Acts of 1910, C. 542, § 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; 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. (Acts of 1910,
c. 542, § 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, 1910.) (Acts of 1910, c. 542, § 50.)