1910 CharterREVISED CHARTER CITY OF BEVERLY
Chapter 542, Acts of 1910
Be it enacted, etc., as follows:
Section 1. 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. The territory of the city shall be divided into six wards with
their boundaries as at present constituted, until the same are changed under
the provisions of law.
Section 3. 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. seven members, - shall be vested in an
executive department which shall consist of one officer to be called the mayor,
and in a legislative department, which shall consist of a single body of
nine to be called the board of aldermen, the members whereof shall be
called aldermen. The legislative department shall never exercise any executive power,
and the executive department shall never exercise any legislative
power, except as my otherwise be provided herein.
Section 4. All meetings of the qualified voters of the city for the purpose
of voting at elections and for other special municipal or legal purposes
shall be called by warrants issued by order of the board of aldermen, and,
so far as may be, in the manner provided for calling elections in cities by
chapter five hundred and sixty of the acts of the year nineteen hundred
and seven, and acts in amendment thereof and in addition thereto. When
no convenient ward room for holding meetings of. the qualified voters of. the
ward can be had within the territorial limits of such ward, the board of.
aldermen may in the warrant calling for a meeting of the voters of the
ward, direct that the meeting be held in some convenient place which they
shall designate within the limits of an adjacent ward of the city; and, for
that purpose, the place so designated shall be deemed to be a part of the
ward in which the election is held.
Section 5. All meetings for the election of national, state, county and
district oficers shall be called by order of the board of aldermen in the manner
in which meetings for municipal elections are called.
Section 6. General meetings of tho citizens qualified to vote may, from
time to time, be held according to rights secured by the constitution of the
Commonwealth, and all such meetings may, and upon the request in writing
of fifty qualified voters setting forth the purposes thereof, shall duly be
called by the board of aldermen. Any diseuesion or action taken at such a
meeting shall be confined to the purposes set forth in the petition.
Section 7. The annual city election shall be held on the Tuesday after
the second Monday in December, and the municipal year shall begin on the
first Monday in January next following, at twelve o'clock noon, and
4 REVISED CHARTER
contlnue until the first Monday in January next following, at twelve o'clock
noon.
Section 8. At the annual city election the qualified voters of the city
shall give in their votes by ballot for mayor and members of the board of
aldermen and of the school committee, or for such of them as are to be
elected, and the person receiving the highest number of votes for any office
shell be deemed and declared to be elected to such offco, and.whenever two
or more persons are to be elected to the same office the several persons up
to the number required to he chosen receiving the highest number of votes
shall be deemed and declared to be elected. If it shall appear that there ia
no choice for mayor, or if the person elected to that office shall refuse to accept,
or shall die before qualifying, or if a vacancy in the office shall occur
more than four months previous to the expiration of service of a mayor,
the board of aldermen shall forthwith cause warrants to be issued for a
new election and the same proceedings shall be had in all respects as are
hereinbefore provided for the election of mayor, and shall be repeated until
the election of a mayor is completed. If the full number of the members
of the board of aldermen has not been elected or if a vacancy in the office of
aldermen shall occur more than three months previous to the expiration of
the term of office, the board of aldermen shall forthwith elect from among
the qualified voters of the city or ward, as the case may be, some person
or persons to fill the vacancy or vacancies for the remainder of the unexpired
term. In case a vacancy in the office of mayor shall occur within four
months previous to the expiration of the unexpired term, the board of 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 aldermen within said period of three
months, fill said office in the manner aforesaid.
Section 9. At the first municipal election held under this act the qualified
voters of the whole city voting at large shall elect from their number by
ballot a mayor to serve for the term of two years beginning with the first
Monday in January next following, and every second year thereafter shall
elect in like manner a mayor to serve for the term of two years; and in like
manner shall elect three members of the board of aldermen to serve for the
term of one year beginning with said first Monday in January then next ensuing.
And there shall be elected by and from the qualified voters of each
ward at said first municipal election held under this act, one member of the
board of aldermen to serve for the term of one year beginning with the first
Monday in January next ensuing; and at each annual municipal election
thereafter there shall be elected by and from the voters at large three members
of the board of aldermen, and by and from the voters of each ward
one member of said board, to serve for the term of one year beginning with
the first Monday in January then next ensuing. The member elected at
large receiving the highest number of votes at any annual municipal election,
including the first municipal election under this act, shall be president
of the board of aldermen. At said first municipal election there shall be
elected by and from the qualified voters of the entire city, voting at large,
one member of the school committee who shall serve for the term of three
years, beginning with the first Monday in January next following. At said
first municipal election there shall also be elected from the qualified voters
of each ward by the qualified voters of the whole city, voting at large, one
member of the school committee, the two candidates receiving the highest
number of votes to serve for the term of three years, the two candidates
REVISED CHARTER
receiving the next highest number of votes to serve, for the term of two
years, and the two candidates receiving the next highest number of votes
to serve for the term of one year, beginning in each case with the said
first Monday in January. Thereafter, as the term of each member of the
school committee expires, the successor of such member shall be chosen for
the term of three years in the manner hereinbefore provided. The mayor,
members of the board of aldermen, and members of the school committee
shall hold office for their respective terms and until their successors are
elected and qualified.
Section 10. The board of aldermen 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 the mayor, and whenever there is a vacancy in the office for any
cause, the president of the board of aldermen, while such cause continues,
shall perform the duties of mayor. If the president of the board of aldermen
is also absent or unavailable for any cause, the said duties shall be performed
until the mayor or president of the board of aldermen returns or is.
able to attend to said duties, by such member of the board of aldermen as
that body may elect, and until such 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 mattars not admitting of delay, and
shall have no power to make permanent 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 ease arising under section
eight of this act where the discretion of the board is not exercised by
sailing a new election to fill a vacancy in the office of mayor occurring within
four months of the expiration of the term. In each case, said acting
mayor shall perform all the duties, and be clothed with all the authority
of the office of mayor for the remainder of the term.
Section 11. Any male qualified and registered voter in said city may
be nominated for any municipal elective office, and the procedure for procuring
such nominations, obtaining signatures, filing and certification of the
same, shall be according to the method laid down in chapter five hundred and
sixty of the acts of the year nineteen hundred and seven, and in all other
provisions of law thereto pertaining. Women who are qualified to vote for
members of the school committee, may be nominated as and sign nomination
papers for candidates for that office in the same manner and under the
same provisions of law as men. The names of candidates appearing on nomination
papers shall, when filed and certified, be subject to public inspection.
The certification required by law shall not preclude any voter from filing
objections to the validity of the nominations.
The order of precedence in which the names of all candidates to be voted
for at any municipal election shall appear on the official ballot shall be determined
by the registrars of voters of said city by drawing lots for the
same, separate drawings to be made for each group of candidates for each
office to be elected.
Section 12. The mayor-elect and the aldermen-elect shall, on the first
Monday in January at twelve o'clock noon, meet and be sworn to the faithful
discharge of their duties. The oath may be administered to the mayor
by the city clerk, or by a judge of a court of record, or by a justice of the
peace. The oath may be administered to the members of the board of aldermen
by the mayor, he having been duly sworn, or by any of the above
named officials. A certificate that said oath or oaths have been taken shall
6 REVISED CHAPTER
be entered in the journal of the board of aldermen. In case of the absence
of the mayer-elect on said day, or if a mayor shall subsequently be elected,
the oath of offce may at any time thereafter he administered to him, and at
any time thereafter in like manner the oath of offce may be administered
to any member of the board of aldermen, who for similar reasons shall not
have taken the oath on the day named. All such oaths subsequently taken
shall be entered in the journal aforesaid. After the oath has been administered
to the aldermen present they shall organize, with the member elected
at large receiving the highest number of votes at the preceding municipal
election, as president, as provided in section nine. The president shall be
sworn by the city clerk, or in case of the absence of the clerk, by any justice
of the peace. Nothing in the duties of his office shall be held to deprive him
of the right to vote and act as a member of the board.
Section 13. The hoard of aldermen shall, so far as is consistent with
this act, have and exercise ali the legislative power of towns and of the
inhabitants thereof, and shall have and exercise all the powers now vested
by law in the city of Beverly and in the inhabitants thereof as a municipal
corporation, and shall have all the powers and be subject to all the liabilities
of city councils and of either branch thereof, and it may by ordinance prescribe
the manner in which such powers shall he exercised. Its members
shall receive no compensation for their services as members of the board of
aldermen or of any committee thereof. Sessions of the board whether as
a board of aldermen or as a committee of the whole shall he open to the
public, and a journal of its proceedinge shall be kept, which journal shall be
subject to public inspection. The vote of the board upon any question shall
he taken by roll call when the same is requested by at least three members.
Nothing herein shall prevent the board, by special vote, from holding private
sittings for the consideration of nominations by the mayor.
Section 14. The board of aldermen shall annually in the month of
January, 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 one year beginning with the
first Monday in January and continuing until thelr successors are elected
and qualified. The terms of offce of all officers and members of boards not
annually elected under the present city charter, except the school committee,
whose term or terms do not expire on the first Monday in January,
nineteen hundred and eleven, under the provisions of law, shall continue
and be in force for the full term or terms to which they were elected under
the present law, and upon the expiration of such term or terms the vacancies
shall be filled as hereinafter provided. The board of aldermen shall
elect as said terms expire, a city auditor for the term of three years, a member
of the board of assessors for three years, a member of the Board of
health for three years, a member of the park commissioners for three years,
a member of the overseers of the poor for three years, and a member of
the water board for three years, each of which boards shall consist of three
members as at present constituted. Thereafter there shall annually be
elected by the board of aldermen a member of every such board or office to
serve for the term of three years, as the term or terms of such members or
officer shall expire. Any term or terms of such office or members or
boards expiring the first Monday in January, nineteen hundred and eleven,
shall then and subsequently be filled in the manner now provided by law.
Any officers thus elected by the board of aldermen may be removed by the
said 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 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. The board of aldermen shall by ordinance determine the
salary of the mayor and of all the officers and employees of the city, including
the firemen, policemen and city laborers, except as otherwise provided
herein, and may in like manner change the said salaries from time
to time, any such change to take effect immediately upon the passage of
the ordinance, but no increase of salary shall be made after July first of any
municipal year.
Section 16. The board of aldermen shall have power to make and
establish ordinances to be effective within the city, and to affix penalties for
the violation thereof, as herein or by general law provided, without the
sanction of any court or any justice thereof. All such ordinances shall forthwith
be published in one or more newspapers designated by the mayor and
shall take effect at the time of their approval by the mayor unless it is
otherwise expressly stated in the ordinance, or if a penalty for the violation
is provided, at the expiration of thirty days from the day of approval.
Under their general power to make and establish ordinances the board
of aldermen may provide By ordinance for the establishment of additional
boards or offices to insure the general welfare of the inhabitants of the
city and to promote economy and efficiency in the municipal administration,
and for other municipal purposes. The board shall therein 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 and boards of aldermen. The board of aldermen may also by ordinance
reorganize, consolidate or abolish departments or offices of the city
in whole or in part; and may transfer the duties, powers and appropriations
of one department to another in whole or in part. Said board shall
have all the powers of existing law, in this behalf delegated to city councils,
and inhabitants of towns, to establish ordinances as aforesaid, and
in all other respects to make valid, and reasonable by-laws for said city.
Section 17. The board of aldermen shall, with the approval of the
mayor, have exclusive authority and power to order the laying out, locating
anew, widening, discontinuing, or changing the grade of, and the making
of specific repairs in all streets, and, except as is otherwise provided herein,
it shall act in all matters relating to such laying out, locating anew, widening,
changing of grade, or discontinuing. The board shall assess the damages,
if any, sustained thereby by any persons. Any such person aggrieved
by the action of the board of aldermen in relation to damage, 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
law.
Section 18. All ordinances, orders, resolutions or votes of the board of
aldermen, except such as relate to its own internal affairs, shall be presented
to the mayer. If he approve thereof he shall signify his approval by
signing the same, but if not he shall return the same with his objections to
the board of aldermen which shall enter the objections of the mayor at
length upon its records and preceed to reconsider such ordinance, order,
resolution or vote, and if, after reconsideration, two-thirds of the board of
aldermen, notwithstanding the said objections, vote to pass the same, it
shall be in force. In all cases the vote shall be taken by yeas or nays. If
such ordinance, order, resolution or vote shall not be returned within ten
days after it has been presented to the mayor the same shall be in force.
He may except from his approval of any ordinance, order, resolution or
vote over which he has the power of veto, any part involving a distinct item
of expenditure; and in such a case instead of returning the original he shall
transmit a copy of the part not approved, which part shall be reconsidered
in the manner and with the effect above provided. The veto power of the
mayor shall not extend to elections of administrative officers by the board.
Section 19. The board of aldermen may at any time request from the
mayor special information on any municipal matter coming 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. 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 power of appointment of the subordinate officers and members
of the police force shall be vested in the mayor, subject to confirmation by
the board of aldermen. The chief of police shall annually be appointed by
the mayor without confirmation by the board of aldermen, and may be removed
at any time by the mayor. The board of aldermen shall have power
to prescribe and make regulations for the government of the police department
and of all other departments of the city except as it otherwise provided
by existing law.
Section 21. 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 ease of any such ordinance, order,
resolution or vote appropriating an amount or authorising the making of
a contract in excess of three hundred dollars, and not relating to any street
improvement or sewer, or to the granting of a franchise, the board of
aldermen may in its discretion upon receiving the written recommendation
of the mayor with his reasons therein stated, pass such ordinance, order,
resolution or vote on the same day when the first reading is had by a two-
thirds yea and nay vote. On the final passage of 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.
REVISED CHARTER 9
Section 22. No contract made in behalf of the city involving an amount
in excess of three hundred dollars shall be valid unless it receives the
signature of the mayor. This provision shall not apply to any exercise of the
police power or other power of the Commonwealth by any public officer or
board so authorized by law.
Section 23. The board of aldermen shall secure a just and proper
accountability for the performance of all contracts or obligations entered
into by the city by requiring bonds with sufficient penalties and sureties
from all persons entrusted in behalf of the city with the receipt, custody or
disbursement of money. The board shall have the care and superintendence
of all public property of the city together with its custody and management,
except as herein or by general law otherwise provided, with power to rent
or sell what may legally be rented or sold, and to purchase property, real or
personal, in the name and for the use of the city whenever such purchase is
deemed by the board to be necessary.
Section 24. The board of aldermen shall have power to establish fire·
limits within the city, and from time to time to change or to enlarge the
same, and to regulate by ordinance the construction of buildings erected
within said fire limits, with lawful stipulations as to their situation, size,
and the material of which they shall be constructed, and may make other
lawful rules and regulations to prevent damage by fire,
Section 25. 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 the meeting.
Section 26. No member of the board of aldermen shall, during the
term for which he is elected, hold any other office or position the salary or
compensation for which is payable out of the city treasury, nor shall he
appear as council or act as attorney before the board of aldermen or any
committee thereof.
Section 27. All elections by the board of aldermen under any provision
of law shall be made by a viva voce vote, each member who is present
answering to his name when it is called by the clerk or other proper officer,
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 officer shall record every such
vote. No such election shall be valid unless it is made as aforesaid.
Section 28. 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 office by written order any officer appointed by
him, whether or not such appointment was made by confirmation of the
board of aldermen, for any cause which he shall in his official discretion
deem sufficient, which cause he shall assign in the order of suspension.
Such suspension shall take effect upon the filing of the order therefor with
the city clerk, and the serving of a copy thereof upon the officer thus suspended
either personally or by leaving the same at his last or usual place
of business, or residence. The suspension of any such officer shall, unless
previously revoked by the mayor, create a vacancy in such office at the
REVISED CHAR'FER
expiration of fifteen days after said order is filed with the city clerk, unless
within that time the officer asks for a hearing before the board of aldermen,
in which ease a hearing shall forthwith be held. [f, within one week after
the conclusion of said hearing, the board by a two-thirds vote shall set
aside the suspension, the of~eer shall be reinstated, otherwise he shall be
held to be finally discharged from office, and the vacancy therein shall be
filled forthwith.
Section 29. The mayor may preside at all meetings ~f the board of
aldermen, and in his absence and in all cases where nominations of the
mayor are to BO 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.
Section 30. The mayor.shall communicate to the board of aldermen
such information and shall recommend Rush measures as in his judgment
the interests of the city require. He shall cause to bo 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 sec-
retary, define his duties and, subject to the approval of the boerd of alder-
men, fix hie salary.
Section 81. The n~ayor shall require from all administrative officers
and boards of the city having the expenditure of money, and it shall be the
duty of such officers and boerds to furnish forthwith in detail when so re-
quired, estimates fer the next municipal year of the expenditures of the
department or office under their charge. Said estimates shall be requested
annually on or before October first, and within th~,L; days from that date
in each year the annual budget of the estimated expenses of the city for
the ensuing municipal year shall BO submitted to the board of aldermen by
the mayor. The board of aldermen shs~l! forthwith consider said budget
and may reduce, pass or reject any item thereof by majority vote, but
shall vote no increase in any item except by a two-thirds vote of all the
members of the board. The mayor may submit thereafter supplementary
budgets until such time as the fAT rate for the year shall have been fixed.
The board of aldermen shall, on or before the first day of December in
each year in the manner aforesaid, appropriate such amount as may be
necessary to meet the expenditure of the following year, and such appre-
priation shall not thereafter bo increased, nor any subsequent appropriation
made, except by a vote of two-thirds of all the members taken by yea and
· nay. lqo expenditure of public mone3~ to be ta]~en from the annual appro-
priation 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
proprlations 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 yeers shall be made under the pro~sions of this section.
Section 32. The mayor shall have the sole power to sign, seal, execute
· and deliver in behalf' of the city deeds and leased of land sold or leased
by the city, and any other evidences in writing of transfers requiring the
written assent of the city.
Section 33. Except as herein otherwise provided, the mayor shall ap-
point subject to the confirmation of the board of aldermen, all the admin-
istrative officers and members of boards of the city. No appointment so
aK¥]SED CHARTEK I ]
made by the mayor shall be acted ul~en by the board of aldermen until the
expirat'ton of one week. from the time when the appointment was trans-
mitted to the board. The city solicitor shall annually be appointed by the
mayor, in the manner provided in this section.
Section 34. The administrative officers of the city shall perform the
duties by law and herein prescribed for them respectively, and such further
duties not inconsistent with the nature of their respective offices as the
board of aldermen may from time to time prescribe. All such officers shall
keep a record of their official transactions, which records shall be open to
public inspection. All officers or members of boards appointed by the mayor
or elected by the board of aldermen shall be held to be administrative of-
ricers 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.
Section 85. The street and sewer departments of the city, and all mat~
ters coming within their jurisdiction, shall be under the charge of u superin-
tendent of highways and sewers, who s]~all 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 bos~d of aldermen. The superin-
tendent of highways and sewers shall have all the powers .and be subject to
all the duties of the present street commissioner, and in all mutters whatso-
ever 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
Section 86. Whenever it shall become nsessenry to ~rect any building,
to make additions to or alterations or repairs in any building for the city,
the estimated cost of which exceeds the sum of five thousand dollars, the
same shall be erected or done under the supetwision and control of a com-
mission of three persons appointed for the purpose as foll'ows:~The mayor
shall name three citizens of Beverly not members of the heard of alder-
men to act as such commis;,ion, 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 lteretuafter
provided in the case of buildings for school purposes, and to make con-
tracts after having submitted the plans to .the board of ald~ru~en together
with estimates of the cost of construction, provided that the beard of alder-
men 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.
lqo plans for the construction or alteration of a school building shall
12 R£VI SF.D CHARTER
be accepted, and no work shah be begun on the construction or alteration
of a school building, unless the approval of the school committee or a ma-
jority thereof ls first obtained in writing. Nothing herein shall require
such approval for the reaL-lng of ordinary repairs.
Section 87. The school committee of said city shall consist of seven
members who shall be elected as provided by section nine. Said committee
shall have the entire manitgement and contrOl of the schools of the city,
may elect a superintendent of schools, and may appoint such other sub-
ordinate offieers and assistants as it ma5' 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 may 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 preeeedin~s. A majority of the committee shall constitute
a quorum for the transaction of business, but a smaller number may nd-
jouru from time to time. Should a vacancy occur in the office of a member
of the school committee for any cause, t.he mayor shall, ns soon as may be,
call a joint convention of the board of aldermen and the school eemmittee,
at which the president of the board of aldermen shall preside, and the
cancy shall, by vote of a majority 'of such Joint committee,.be filled by the
election of a member acoordin~ to the vacancy existing, to serve until the
end of the municipal year in which the vacancy occurred; and at the annual
municipal election next ensuing, the further vacancy, i~ any, shall be filled'
for the remainder of the unexpired term in the manner provided by this act.
Section 88. The school committee shall meet on the first Monday in
January in each municipal year, and shall, at such meeting or ns soon there-
e;fter ms may be, urgunize and elect.one of its members by hailer sa clerk
and any other officers herein provided for.
Section 39. The school committee shall exercise all the powers and be
subject to all the duties imposed by law upon school eemmittees. The eom-
mittee 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
purpe~es during the ensuing financial Fear, which estimate sba11 be trans-
mitted by the mayor in the manner provided in this oct with such recom-
mendations in regard thereto ab he may deem neeeBeerF. Except as required
or empowered by law, the school committee shall cause no liability to be in-
curred and no expenditure to be made for any purpose beyond the specific
Spproprhtion made therefor by the beard of aldermen.
Section 40. Whenever, in the opinion of the school committee, a school-
house is required or material alterations are needed, they shall send a com-
munication to th~ mayor end board of aldermen stating their reasons
Section 41. All sessions of the committee cheil 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 ls requested by at least two members.
Section 49.. No of~ciai of said city, except in a case of emergency
involving the health and safct~' of the people or their property, shall ex-
pend in any municipal year any sum for any purpose in excess of the
propriation du~y made therefor in accordance with this act, nor involve the
city in any contract for the future payment of money in excess of such xp-
proprlatien, unless so permitted or required by law. Any official violating
REYISF. n CHARTE~
the' provisions of this section shall be punished by a fine not exceeding three
hundred dollere, or by imprisonment for a term not exceeding six months,
or by both such fine and imprisonment.
Section 48. The eonvietion of the incumbent of any ofllee established
under this act of a crime punishable by imprisonment shall operete to
create a. vaeaney in the office held by him. Every bill and every veueher
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 appropri-
ated for a specific purpose shall be expended for any other purpose except
upon the written recommendntJon of the mayer and the affirmative vote of
at least seven of the members of the bee~d of aldermen with a lapse of at
least one week between the two readings of such an order; and no expendi-
ture 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 er liability together with all prior unpaid linbilities
growing out of the item for which enid approprietion is mede.
Section 44. No franchise or right to occupy or use the highwayst
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 fran-
chise or grant relating to street railways, gas or electric light, or power
plants, telegraph or telephone systems, or other public service utilities with-
in said city having first been granted or renewed, as provided in this act,
by the mayor and board of aldermen, shall not be valid until approved by a
majority of the electors voting thereen at a general or special election called
under the provisions of this act. In all eases, however, where extensions of
existing franchises or rights are sought, the same may be l,-aoted to the
holders thereof in the manner provided in section twenty-one of this act,
and in such cusos approval by the voters shall not' be required to render
the same valid, unless within ~hirty days after the final passage of the
order granting the extension, a petition objecting thereto, signed by at least
three hundred' qunlified voters of the city shall be filed with the city clerk.
Section 45. No contract for the purehaes of materials or supplies, er
for labor to be furnished, except labor to be rendered in person, involving
the expenditure of more than three hundred, doll--s for any one specific
purpose, shall be valid unless the same' be in writing and signed in behlf
of the city by the mayor and the o~esr, ar a majority of 'the board or
committee, authorized to incur the liability. No such enntract shall be
made until proposals shall have been invited by an edvertinsment printed
t~ree, times in one or more newspapers for at least tan days before the time
designated therefn for the closing of bids, unless, in the case of any par-
ticnlar ccutract, the mayor shall in writing rsoommend that the same be
not adv~tised. In such writing, the mayor shall fully sot forth the necessity
for such rsoommendation, and'his reasons for the same, and in Stleh ease
the previsions herein for edvertislng shall be suspended if the board of
aldermen by a two-thirds vote approve the recommendation.' At the time and
'piece appointed in said advertisement all bids received shall be opened
publicly, and the contract shall be awarded to the lowest responsible hid-
der 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 ennt~act satisfactorily, but any and all
proposals' may be rejected ff such n enuree is deemed to be for the in-
tereste of the city. No proposals shall be considered unless received within
14 REVISED CHARTER
the time designated in the advertisement, nor unless properly sealed and ac-
eompanied by a dul~ certified ebeck for the amount, i~ any, specified in such
advertisement, to be drawn on some national bank in the Commonwmdth
and payable to the order of the city treasurer. The check shall be returned
to the depositors as soon as the eentract is awarded, except that ff the suc-
cessful bidder does not duly execute the contract upon request and sign any
bend which may be required by its terms, the check accompanying his pro-
poeal shall be delivered to the city treasurer for eellection. 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 contrast 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 cf public works shall contain the provisions required by law
to the e~ect ~h,~ preference be ~iven to cltize2s of the Commonwealth, or
if they cannot be had in eu~clent numbers, to citizens of the United States.
Section 46. In January following the aeceptanoe of this act the mayor
shall appoint, subject.to confirmation by the board of aldermen, four per-
sons, inhabitants cf the city, who, with the city trea_m2ror, shall be mem-
bers cf a board to be known as the board of commissioners of trust funds.
One such commissioner shall be appointed to serve for one year, one for two
years, and two for three years, and until their successors are appointed and
qualified; and thereafter at the expiration of the ~erm of service cf 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 commlfsionors. In case a vacancy
occurs in the board, it shall be filled by appointment us aforesaid for the
unexpired term. Any eemmissioner may be removed by the mayor at any
time, such removal to be confirmed by the board of aldermen. The mem-
bers of the board of commissioners shall serve without eempensatien. The
board shall, so far us is consistent with the terms- of the trusts under wkick
trust funds are held by the city invest, manage, control and have the cus-
tody of all such i~2nds, and as a part of ouch management shall distribute,
subject to the written approval of the mayor, the income of said funds in
accordance with the terms of the respective trusts: pro~Mfd, however, that
the income of any funds now or hereafter held in trust for cemetery pur-
poses shall continue to be distributed by the ])curd of managers of public
cemeteries as heretofore. The board of commissioners hereby eenstituted
shall keep a record'cf its doings and at the close of each municipal year
shall make a report thereof to the mayor and board of aldermen.
Section 47. Chapter one hundred and cixty-one of the acts of the year
eighteen hundred and ninety-four, us amended by chapter three hundred
and nineteen of the' acts of the year eighteen hundred and ninety-eight' is
hereby repealed, pr~L~'d~f, bou~vf~, that the repeal of said acts shall not
affect any uct 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 cifenee committed and no penalty
or for~citure 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 offense
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 of Rce under said acts shall continue to
aEVISIg) C~ART~R 15
hold the same according to the tenure thereof. No act or part of an act
which has heretofore been repealed shall he revived By the repeal of the
acts mentioned in this section.
Section 48. This act shall be submitted to the qualified voters of the
City of Beverly for acceptance at the annual state election in November,
nineteen hundred and ten; and the city clerk shall, not less than one month
before said election, transmit by mail or otherwise to every registered voter
of the city a copy of this act. The vote shall be taken by ballot in answer
to the following question: UShall 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 applisahle
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 ns aforesaid.
Section 49. 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 liabili-
ties 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.
Section 50. So much of this act as authorizes and directs its submis-
sion to the qualified voters of said city, shall take effect upon its passage;
es mueh hereof as reiates to elections hereunder shall apply to the annual
mnnielpal election to be held on the Tuesday after the second Monday in
December, nineteen hundred and ten, should said act be accepted as afore-
said; and, if aceepted at said election, this' act shall take full effect on the
first Monday in'January next ensuing. (Approved May g~, lglO.)
CHAPTER 44 GENERAL LAWS
i Section 32. Within sixty days after the m~ual er~anisation of the
: city government, in cities ~)ther than Boston not havin~ the commi~~'
[ form of government the mayor, .and in ouch citise h~vin~ said commL
form, the commissioner or director Of finance, shall submit to tho city co.
cil the annual ]red,et of the current expenses of the city, and tho mayo.
or commissioner or director, ns the case may be, may submit thereafter sup-
plementary buc~ete. The budget slmll consist of-an itemized and detailed
statement of the money required, and the city council, by a majority vote,
shall make such.appropriations in detail, clearly epecifyin~ the amount to
be expended for each particular purpose; hat the budget shall not be in
such detail as to fix specife salaries of employees under the direction of
boards elected by the people, other than. the city council. ' The city council
· may rednce or reject any item, but without the approval of the mayor or
~oz~m~-sioner or director of finance, as the case may be, shall not incresee
any item in or the total of a had~et, nor add any item thereto. · .In slzch
cities not having the commission form of government, the city ci~ciais, when
so requested by the mayor, droll submit to him forthwith in ench detail as
he may require estimates for the next fseal year of the eexpenditures of
their departments or o/~ess under their charge, which shall be transmitted
to the city council. In such citiec having the commission form of govern-
ment each commissioner or director shall, within thirty days after the an-
nual organization of the city govornment, submit I;o the eommiesioner or
director of fnance estimates in such detail as he. may require of the amounts
deemed necessary for the current e~penses of their respective departments.
In ail cities other than Boston, if the council fails to approve or disapprove
any item in the budget, as submitted by the mayor or commissioner or
director of finance, within sixty days ~fter its r~sipt thereof, such item
shall, without any council action, become a p~rt of the budget for tho year,
and the sum named shall be uvallable for the purpose designated.
Nothing in this section sbaII prevent the mayor or cummiseioner or
director of fnance from reeommend/n~, and the city council from making,
appropriations prior to the adoption of the annual budget.
Section 83. In sase of the failure of the mayor or commissioner or
director of finance to transmit to the city council a written recommendation
for an appropriation for any purpose deemed necessary by the council, after
havin~ been so requested by vote thereof, said council, after the expiration
of seven days from such vote, upon its own im~dative may make an appreo
prlation for such purpose by a vote of at least two-thirds of its members,
and shall in all cases make eneh appropriations in detail, clearly specifying
the amount to be expended for each particular purpose, but not in such de-
. tail as to fix specific salaries of employees under the direction of boards
elected by the people, other than the city council.
Section .q4. In the period ~fter tho expiration of any fiscal year and
before the reKular appropriations have been made by the city council, the
16
SEV I $1~1~ CHASTER 17
city officere who are authorized to make expenditures may incur liabilities
in carrying on the work of the several departments ~ntrusted to them, and
payments ~herefor shall be made from the treasury from any available
funds therein, and charl~d al~inst the next annual appropriation;
that the liabilities ineurred during said interval do not exceed in any month
the sums spent for similar purposes during any one month of the preceding
year; ami provided, ]artber, that said officers may expend in any one month
for any new officer or beard lawfully created an amount not exceeding one-
,-,~£th of the estimated cost for the current year. All interest and debt
'~s~ due in said interval shall be paid.