1993 CharterChapter 230. AN ACT RELATIVE TO THE CHARTER OF THE CITY OF
BEVERLY.
Be it enacted, etc., as follows:
SECTION 1. Chapter five hundred and forty-two of the acts of nineteen hundred
and ten is hereby repealed.
SECTION 2. The following shall be the charter of the city of Beverly:
Section 1. Municipal corporation; name; rights and duties.
The inhabitants of the city of Beverly shall continue to be a municipal corporation
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.
Section 2. Division of the city into wards.
The territory of the city shall be divided into six wards with nearly equal population.
Their boundaries shall remain as at present constituted, until the same are changed under the
provisions of law.
Section 3. Mayor and city council 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 body of nine to be called the city council, the members whereof
shall be called councilors. 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.
Section 4. Meetings of Qualified Voters.
Elections of state officers and city officers shall be cited by the councilors and the
city clerk shall, under their direction, cause notice of such elections to be conspicuously
posted in the office of the city clerk or on the principal official bulletin board of such city
and any other public building they may deem necessary. Before every city election, the clerk
shall.make available a list of all candidates and shall also print with said list the form of any
question to be submitted to the voters. Such lists shall be public records and one copy shall
be sent to every daily newspaper in said city. Such notices shell be called in lieu of the
notices or warrants for election required in any city by special statutes. The biennial state
and biennial city elections shall be called at least seven days before the day prescribed for
teh holding thereof.
Notices or warrants for state and city elections shall specify by name all the offices
to be voted for, and state, in the form in which it will appear upon the ballot, any question
submitted to the voterers. They shall specify the time when the polls will be opened, in
accordance with section sixty-three and sixty-four of chapter fifty-four of the General Laws.
Section 5. Calling elections.
· All meedngs for the election of national, state, county and district officers shall be
called by order of the city council in the manner in which meetings for municipal elections
are called.
When no convenient ward room for holding meetings of the qualified voters of the
ward can be had wihtin the territorial limits of such ward, the city council may direct that the
meedng 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 designsted shall be deemed to
be a part of the ward in which the election is held.
Section 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 teh 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 city council. Any discussion or action taken at such
meetings shall be confined to the purposes set forth ini the petition.
By initiative petition, citizens may request the city council or school committee to
pass a measure or put the question on the ballot in accordance with sections thlny-seven to
forty-one, inclusive, of chapter forty-three of the General Laws, by gathering certifiable
signatures of eight percent of the registered voters. Citizens may require that an issue
be addressed and passed or presented in a special election by gathering certifiable signatures
of fifteen percent of the registered voters, in accordance with said sections thirty-seven
to forty-one, inclusive.
By referendum petition citizens may require the city council or school committee to
reconsider a measure which has been passed and/or submit the measure to vote by the
electorate. The petition must be filled within twenty days of the final passage of teh measure
with valid signatures of twelve percmt of the resistered voters, in accordance with section
forty-two of chapter forty-three of teh General Laws.
Section 7. Time of holding city election; municipal year.
Regular city elections shall be held biennially in each odd-numbered year on the
Tuesday after the first Monday in November. The municipal year shall begin on the first
Monday in January in each year, at twelve o'clock noon, and conitnue until the first Monday
in January next following at twelve o'clock noon.
Preliminary elections shall be called pursuant to sections forty-four A to forty-four G
inclusive, of Chapter forty-three of the General Laws.
Section 8. Election of mayor, councilors and school committee; vacancies in office.
At the biennial city election, voters of the city shall give in their votes by ballot for
mayor and members of the city council and of the school committee, or for such of them as
are to be elected to 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 montha previous to the expiration of the office of a mayor, the city council shall
forthwith cause warrants to be issued for a new election and the same proceedings shall be
had in all respects as are hereinbefore provided for the election of the mayor, and shall be
repeated until the election of a mayor is completed. If the full number of members of a city
council has not been elected or if a vacancy in the office of councilors shall occur more than
three months previous to the expiration of the term of office, the city council 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 the mayor shall occur within four months previous to the
expiration of the unexpired team, the city council 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 city council within said period of three months, fill
said office in the manner aforesaid.
Pre!iminary elections shall be conducted pursuant to sections forty-four A to
forty-four G, inclusive, of chapter forty-three of the General Laws.
The members of the school committee of the city of Beverly shall be elected as
follows:- Two shall be elected by and from the qualified voters of tho entire city, voting at
large, and one shall be elected by and from the qualified voten of each ward of said city,
each for a term of four years.
The term of the office of the members of the school committee elected in said city
in the year nineteen hundred and fifty-five shall be continued until the qualification of their
sucessors who shall be elected at the municipal election to be holden in the year nineteen
hundred and fifty-nine. The terms of the members of the school committee elected in said
city in the year nineteen hundred and fifty-seven shall continue until the qualification of their
successors who shall be elected at the biennial municipal election to be held in the year
nineteen hunded and sixty-one.
The mayor, councilors, and members of the school committee shall hold office for
their respective terms and until their respective successors are qualified.
Section 9. How mayor and councilors elected; terms of office; president of city
council.
At each biennial city election there shall be elected by ballot by and from the
qualified voters at large a mayor and three members of the city council, 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, shall be president
of the city council.
Section 10. City Council to be judge of election; rules; acting mayor.
The ciy council 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 of tbe mayor, and whenever there is a vacancy in the office
for any cause, the president of the city council, while such casue continues, shall perform the
duties of mayor. If the president of tho city council is also absent or unavailable for any
cause, the duties shall be performed until the mayor or president of the city council
returns or is able to attend to said duties by such member of teh city council 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 the mayor only in
matters not admittlng of delay, and have no power to make permanent appointments except
upon the death or resignation of the mayor, and than only for the period intervening until a
new election of the mayor is had, or except in the case arising under section eight where the
discretion of the council 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 rnayor for the remainder of the term.
Section 11. Nominatlon of municipal officers; order of names on ballot
Any resident of said city aged eighteen or older may be nominated for any municipal
elective office which represents the ward in which they reside or which reside the city
at large, and the procedure for procuring such nominations, obtaining signatures, filing and
certification of the same, shall be according to law. 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 rnade for each group
of candidates for each office to be elected.
Section12. Oath of office of mayor, councilors and school committee members.
The mayor-elect, councilors-elect and school committee members-elect shall, on the
first Monday in January of each even-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. Tho oath
may be a administered to the members of the city council and the school committee by the
mayor, he having been duly sworn, or by any of the abovementioned officials. A certificate that
said oath or oaths have been.taken shall be entered in the journal of the city council.
In case of the absence of the mayor-elect on said clay, or if a mayor shall
subsequently be elected, the oath of office may at nay time thereafter be administered to him,
and at any time thereafter in like manner the oath of office may be administered to any
member of the city council or school committee 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 councilors present, they shall organize,
with the member elected at large receiving the highest number of votes at the preceding
biennial city eleclion, as president, as provided in section nine. The president shall be sworn
by the city clerk, or, in the 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 council.
Section 13. Powers of ccity council; compensation; open sessions; journal; vote by
roll call; private sittings for nomination by mayor.
The city council shall, so far as is consistent with this charter, have and exercise all
the legislative powers 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 in full compensation for
their services as members of the city council, or of any committee thereof, such salary as
may be established by ordinance. Sessions of the council whether as a city council 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 council upon any
question shall be taken by roll call when the same is requested by at least three members.
Section 14. Election of certain officers by city council; terms of office; removal from
office; vacancies.
The city council shall in the month of January in each even-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 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
a term or terms the vacancies shall be filled as hereinafter provided. The city council 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, 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 city council a member of every such board or office to serve
for the term of three years, as the term or terms of such member or officer shall expire. Any
officers thus elected by the city council may be removed by the said council 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.
Section 15. Salaries of officers and employees.
The mayor and the members of the city council shall receive for their services such
salary as the city council shall by ordinance determine, and shall receive no other
compensation from such city. No increase or reduction in such salaries shall take effect
during the year in which such increase or reduction is voted, and no change in such
ordinance shall be made between the election and the qualification of the new council.
The city council shall by ordinance passed by two-thirds vote determine the salary
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.
Section 16. Making and publication of ordlnances; additional boards or offices;
reorganization, consolidation or abolition of boards and offices.
The city council 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 its general power to make and establish ordinances the city
council 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 council
shall therein determine 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. The city council
may also by ordinance recognize, 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. Said council 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.
Section 17. Laying out, locating, widening, etc., of streets.
The city council 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 council shall assess the damages if any, sustained
thereby by any persons. Any such person aggrieved by the action.of the city council 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.
Section 18. Approval of ordinances etc., by mayor; objections; reconsideration.
All ordinances, orders, resolutions or votes of the city council, except such as relate
to its own internal affairs shall be presented to the mayor. If he approves thereof he shall
signify his approval by signing the same, but if not he shall return the same with his
objections to the city council 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 city council, notwithstanding the said objection, 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; 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 eleetions of administrative officers by the council.
Section. 19. Council may request information from mayor.
The city council may at any time request from the mayor special information on any
municipal mattar 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.
Section 20. Appointment or election of certain boards and officers; chief of police
adn 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 departments, 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 chief of police shall be appointed by
the mayor without confirmation of the city council. The chief of police shall be subject to
the civil service laws and rules and regulations relating to permanent members of the police
departments of cities. The power of appointment of the subordinate officers and members
of the police force shall be vested in the mayor, subject to confirmation by the city council.
The city council shall have power to prescribe and make regulations for the government of
the police department and of all other departemtns of the city except as is otherwise provided
by existing law.
Section 21. Certain ordinances, etc. to be open to public inspection; voting by roll
call; termination of appropriation orders.
Every ordinance, order, resolution or vote involving the appropriation 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 city council 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 year or nay vote. On the final passage of all such ordinances, orders, resolutions
or votes, the vote shall be taken by roll call. All orders carrying appropriations and
expenditures, or authorizing the borrowing of money, shall be in itemized form.
Section 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 provisions
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.
Section 23. Bonds for perforamnce of contracts; city council to have care and
custody of public property.
The city council 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 entructed in behalf of the city with the receipt,
custody or disbursement of money. The council 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, real or personal in the name and for the use of the city
whenever such purchase is deemed by the council to be necessary.
Section 24. Special meetings of city council.
Special meetings of the city council may be called at any time by the mayor upon
mailing, written notification of the same with a statement of the subject matter to be
considered, to each member thereof, or by leaving such notice at teh usual place of residence
of each member at least forty-eight hours before the time appointed for the meeting.
Section 25. Mayor or Councilors not to hold other city offices.
Neither the mayor nor any member of the city council shall during the term for which
he is elected hold any other office or position for which he is paid from the city treasury. No
member of the city council shall appear as counsel or act as attorney before the city council
or any committee thereof.
Section 26. Manner of vote by city council.
All elections by the city council 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 office, 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.
Section 27. Exectuive powers vested in mayor; general powers; suspension of
certain officers.
The executive powers of the city shall be vested exclusively in the 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 the office by written order any officer appointed by him, whether
or not such appointmant was made by confirmation of the city council, for any cause which
he shall in his official discretion deem sufficiant, which cause he shall assign in tbe 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
offico 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 city council, in which case a hearing
shall forfhwith be held. If, within one week after the conclusion of said hearing, the council
by a two-thirds vote shall set aside the suspension, the officer shall be reinstated, otherwise
he shall be held to be fianlly discharged from office, and the vacancy therein shall be filled
forthwith.
Section 28. Mayor to preside at meetings of city council; appointment of committees.
The mayor may preside at all meetings of the city council, and in his absence and in
all cases where nominations of the mayor are to be acted upon by the city council, the
president of the city council shall preside. The mayor shall appoint the committees of the
city council.
Section 29. Mayor to communicate information to city council; records; secretary.
The mayor shall communicate to the city council such information and shall
recommend such measures as in his judgemnt the interests of the city require. He shall cause
to he kept a record of all his official acts and for this purpose and to assist him in his officisl
duties he may, without the confirmation of the city council, appoint a secretary, define his
duties and, subject to the approval of the city council, fix his salary.
Section 30. Ertimates of income and expenses; budget; appropriations.
The mayor shall require from all administraitive 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. Within one hundred and twenty
days after the annual organization of the city government, the mayor shall submit to the city
council the annual budget which shall he a statemant of the amounts recommended by him
for anticipated income and proposed expenditures of the city for the next fiscal year. The
annual budget shall be classified and designated so as to show separately with respect to
each officer, department or undertaking for which an appropriation is recommended:-
(l) Ordinary maintenance, which shall also include debt and interest charges
matured and maturing during the next fiscal year, and shall be subdivided as follows:-
(a) salaries and wages of officers, officials and employees other than laborers or
persons performing the duties of laborers; and
(b) ordinary maintenance not included under clause (a); and
(2) Proposed expenditures for other than ordinary maintenance, including additional
equipment the estimated cost of which exceeds one thousand dollars.
Tho foresoing shall not prevent any city, upon recommendation of the mayor and
with the approval of the oouncil, from adopting additional classifications and designations.
The city council may by majority vote make appropriations for the purposes
reoommended and may reduoe or reject any amount recommended in the annual budget. It
shall not increase any amount in or the total of the annual budget nor add thereto any amount
for purposes not included therein except on recommendation of the mayor, and except as
provided in section thirty-three of chapter forty-four of the General Laws. If the provisions
of this sentence are accepted by vote of the city council with the approval of the mayor, in
the case of the school budget or in the case of a regional school district assessment, the city
council, on the recomnandation of the school committee or on recommendation of a regional
district school committee, may by a two-thirds vote increase the total amount appropriated
for the support of the schools or for the regional district schools over that requested by the
mayor; and provided, further, that no such increase shall be voted if it would render the total
annual budget in excess of the property tax limitations set forth in section fifty-nine of
chapter fifty-nine of the General Laws. Except as otherwise permitted by law, all amounts
appropriated by the city council shall be for the purposes specified. In setting up an
appropriation order or orders based on the annual budget, the council shall use, so far as
possible, the same classification required for the annual budget. If the council fails to take
action with respect to any amount recommended in the annual budget, either by approving,
reducing or rejecting the same, within forty-five days after the receipt of the budget, such
amount shall without any action by the council become a part of the appropriations for the
year, and be available for the purposes specified.
Section 31. City Council.
If in any year the general court does not act to grant an extension of the time wherein
teh municipal budget must be submitted, and, if, upon the expiration of one hundred and
twenty days after the annual organization of the city government, the mayor shall not have
submitted to the city council the annual budget for said year, the city council shall within
thirty days upon its own initiative prepare the annual budget, and such preparation shall be
subject to the same requirements as the mayor's budet, so far as apt.
Within fifteen days after such preparation of the annual budget, the city council shall
proceed to act by voting thereon and all amounts so voted shall thereupon be valid
appropriations for the purposes stated therein to the same extent as though based upon a
mayor's annual budget, but subject, however, to such requirements, if any, as may be
imposed by law.
If the council fails to take action with respect to any amount recornmended in the
budget, either by approving, reducing or rejecting the same, within fifteen days after such
preparation, such amount shall, without further action by the council, become a part of the
appropriations for the year, and be available for the purposes specified.
Nothing in this section shall prevent the city council, acting upon the written
recommendation of the mayor, from voting appropriations, not in excess of the amount so
recommended, either prior or subsequent to the passage of the annual budget.
The city council, may, and upon written request of at least ten resistered voters shall,
lgve notice of a public hearing to be held on the annual budget, prior to final action thereon,
but not less than seven days after publication of such notice, in a newspaper having general.
circulation in the city. At the time and place so advertised, or at any time or place to which
such public hearing may from time to time be adjourned, the city council shall hold a public
heaing on the annual budget as submitted by the mayor, at which all interested persons shall
be given an opportunity to be heard for or against the proposed expanditures or any item
thereof.
Section 32. Council Responsibility for Budget.
In case of the failure of the mayor to transmit to the city council a wriitten
recommendation for an appropriation for any purpose not included in the annual budget,
which is deemed necessary by the council, afterr having been so requested by vote thereot;
said council, After the expiration of seven days from such vote, upon its own initiative may
make such appropriation by a vote of at least two-thirds of its members, and shall in all cases
clearly specify the amount to be expended for each particular purpose.
Section 33. Budget to Fund Salaries; Changes in Salaries.
The annual budget shall include sums sufficient to pay the salaries of officers and
employees fixed by law or by ordinance. No ordinance providing for an increase in the
salaries or wages of municipal officers or employees shall be enacted except by a two-thirds
vote of the city council, nor unless it is to be operative for more than three months during
the calandar year in which it is passed. No new position shall be created or increase in rate
made by ordinance, vote or appointment during the financial year subsequent to the
submission of the annual budget unless provision therefor has been made by means of a
supplemental appropriation. No ordinance, vote or appointment creating a new position in
any year in which a municipal election is held shall be valid and effective unless said
ordinance, vote or appointment is operative for more than three months during said
municipal election year.
Section 34. Transfer of Appropriation.
On recommendation of the mayor, the city council may, by majority vote transfer
any amount appropriated for other use of any department to another appropriation for the
same department, but no transfer shall be made of any amount appropriated for the use of
any department to the appropiation for any other department except by two readings and a
two-thirds vote of the city council on recommendation of the mayor and with the written
approval of the amount of such transfer by the dapartment having control of the
appropriation from which the transfer is proposed to be made. There shall be a lapse of one
week between the two readings of such an order to transfer. No approval other than that
expressly provided herein shall be required for any transfer under the provisions of this
section.
Section 35. 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 transfer requiring the written assent of the city.
Section 36. Appointment of administrative officers and boards by mayor;
appointment of city solicitor.
Except as herein otehrwise provided, the mayor shall appoint, subject to the
confirmation of the city council, all the administrative oflicers and members of the boards
of the city. No appointment so made by the mayor shalll be acted upon by the city council
until the expiration of one week from the time when the appointment was transmitted to the
council. The city solicitor shall annually be appointed by the mayor, in the manner provided
in this section.
If the office of city clerk is vacant, or if a city clerk is unable to perform the duties
required by law, the mayor shall appoint a temporary clerk to perform such duties.
If the office of city auditor, city treasurer, city collector of taxes or other officer
having charge of a city department is vacant, or if any such officer, because of disability or
absence, is unable to perform his duties, the mayor, without confirmation by the city council,
any provision of a city charter notwithstanding, shall appoint, a temporary officer to hold
suc:h office and exercise the power and perform the duties thereof until another is duly
elected or appointed and has qualified according to law, or other officer who was disabled
or incapacitated resumes his duties; but no such temporary officer shall be appointed under
this section for a period longer than sixty days. Any such temporary officer shall be sworn
and give bond for the faithful performance of his duties in accordance with the provisions
of law applying to the officer whose place he fills, and if he fails to do so within ten days
after his appointment the mayor shall rescind the appointment adn appoint another.
Sectlon 37. Powers and duties of administrative officers; records; employment of
subordinate officers; appearance before the city council; 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 city council 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 city
council shall be held to be administrative officers within the meamimg of this act. Such
officers and boards, whether now existing or hereafter established by the city council 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 matte~ 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 city council 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.
Secfion 38. Committee to supervise erection, etc., of buildings; approval of school
sites and plans for school buildings.
Wherever 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 whichexceeds 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 'city council to act as such
commission, who shall be confirmed by the city council. This commission shall serve
without compensation and shall have full power to secure plans, approve the same except
as herelnafter provided in the case of buildings for school purposes, and to make contracts
after having submitted the plans to the city coundl together with estimate of the cost of
construction provided, that the city council has 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.
Section 39. School committee - Generally.
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 eight. 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 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 maybe, call a joint convention of the
city council and the school committee, at which the president of the city council 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.
Section 40. 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.
Section 41. 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 mayor and city council shall annually provide an amount of money sufficient for
the support of the public schools as required by the General Laws; provided, however, that
neither the mayor nor city council shall be required to provide more money than is
appropriated by vote of the city council. In acting on appropriations for educational costs,
the city council shall vote on the total amount of appropriations requested, and shall not
allocate appropriations among accounts or place any restrictions on such appropriations.
The city council may make nonbinding monetary recommendations to increase or decrease
certain items allocating such appropriations. The vote of the city council shall establish the
total appropriation for the support of the schools, but may not limit the authority of the
school committee to determine expenditures within the total appropriations.
The school committee shall hold a public meeting on its proposed annual budget not
less than seven days after publication of a notice thereof in a newspaper having general
circulation in the city. Prior to such public hearing said committee shall make available to
the public at.least one copy of said proposed budget for a time period of not less than
forty-eight hours either at the office of the superintendent of schools or at a place so
designated by said committee. At the time and place so advertised or at any time or place
to which such hearing may from time to time be adjourned all interested persons shall be
given an opportunity to be heard for or against the whole or any part of the proposed budget.
Such public hearing shall be conducted by a quorum of the school committee. For purposes
of this section a quorum shall consist of a majority of the members of said school committee.
Section 42. Same - Notification of 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 city
council stating their reasons therefor.
Section 43. 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.
Section 44. Liability not to be incurred in excess of appropriations.
No official of said city shall incur a liability in excess of the appropriation made for
the use of such department, each item recommended by the mayor and voted by the city
council being considered as a separate appropriation, except in cases of extreme emergency
involving the health or safety of persons and property, and then only by a vote of two-thirds
of the members of the city council. 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 both such fine and imprisonment.
Section 45. Conviction creating vacancy in office; approval of bills and vouchers;
expenditures differing from appropriation.
The conviction of the incumbent of any office established under this chatter 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 compliance with
section thirty-four. No expenditure shall be made nor liability incurred by or in behalf of the
city until an appropriation has duly been recommended by the mayor and voted by the city
council sufficient to meet such expenditure or liability together with all prior unpaid
liabilities growing out of the item for which said appropriation is made.
Section 46. Franchise.
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 city council,
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., 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 hereto, signed by at least
three hundred qualified voters of the city shall be filed with the city clerk.
Section 47. Board of commissioners of trust funds.
The terms of office of the four commissioners of the trust funds shall continue and
be in force for the full terms to which they were appointed and upon expiration of such terms
the vacancies shall be filled as hereinafter provided. The mayor.shall appoint, subject to
confirmation by the city council, members of the board of commissioners of trust funds, each
for a term, of three years, at the expiration of the term of service of every such commissioner.
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 city council. 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 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 trust; provided, however, that the income of any funds now or hereatter held in
trust for cemetery, purposes shall continue to be distrilbuted 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 city council.
SECTION 3. This act shall take effect on Jamuary third, nineteen hundred and
ninety-four, except that during the municipal election of nineteen hundred and ninety-three
candidates for th legislative branch shall run for city council.
Approved November 10, 1993.