1995 Home Rule Charter
ARTICLE 1ARTICLE 1
INCORPORATION; SHORT TITLE; DEFINITIONS
SECTION 1-1: INCORPORATION
The inhabitants of the City of Beverly, within the territorial limits established by law, shall continue to be a
municipal corporation, a body corporate and politic, under the name "City of Beverly.”
SECTION 1-2: SHORT TITLE
This instrument shall be known, and may be cited, as the Beverly Home Rule Charter.
SECTION 1-3: DISTRIBUTION OF POWERS
The administration of the fiscal, prudential and municipal affairs of Beverly, with the government thereof,
shall be vested in an executive/administrative branch headed by a mayor, and a legislative branch to consist
of a city council. The legislative branch shall never exercise any executive/administrative power and the
executive/administrative branch shall never exercise any legislative power.
SECTION 1-4: POWERS OF THE CITY
Subject only to express limitations on the exercise of any power or function by a municipal government in
the constitution or general laws of the Commonwealth, it is the intention and the purpose of the voters of
Beverly through the adoption of this charter to secure for themselves and their government all of the
powers it is possible to secure as fully and as completely as though each such power were specifically and
individually enumerated herein.
SECTION 1-5: CONSTRUCTION
The powers of the City of Beverly under this charter are to be construed liberally in favor of the city, and
the specific mention of any particular power is not intended to limit the general powers of the city as stated
in section 1-4.
SECTION 1-6: INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general laws of the Commonwealth, Beverly may
exercise any of its powers or perform any of its functions, and may participate in the financing thereof,
jointly or in cooperation, by contract or otherwise, with the Commonwealth or any agency or political sub-
division thereof, or with the United States government or any agency thereof.
SECTION 1-7: DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used, the
following words and phrases as used in this charter shall have the following meanings:
Charter -
(a) The word "charter" shall mean this charter and any amendment to it hereafter adopted.
City
(b) - The word “city” shall mean the City of Beverly.
City Bulletin Board
(c) - The words "city bulletin board" shall mean the bulletin board in the city
hall on which the city clerk posts official notices of meetings and upon which other official city notices are
posted, and the bulletin boards at any other locations as may be designated city bulletin boards by the city
council.
City Agency -
(d) The words "city agency" shall mean any multiple member body, any department,
division, or office of the City of Beverly.
City Officer -
(e) The words "city officer" when used without further qualification or description,
shall mean a person having charge of an office or department of the city who in the exercise of the powers
or duties of such position exercises some portion of the sovereign power of the city.
Emergency -
(f) The word "emergency" shall mean a sudden, unexpected, unforeseen happening,
occurrence or condition which necessitates immediate action or response.
Full CouncilFull Multiple Member Body -
(g) , The words "full council" or "full multiple member
body" shall mean the entire authorized complement of the city council, school committee or other multiple
member body, notwithstanding any vacancy, which might exist.
general laws -
(h) The words "general laws" (all lower case letters) shall mean laws enacted by the
state legislature which apply alike to all cities and towns, to all cities, or to a class of two or more cities and
or cities and towns of which Beverly is a member.
General Laws -
(I) The words "General Laws" (initial letter of each word in upper case letters) shall
mean the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes
enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
Initiative Measure -
(j) The words "initiative measure" shall mean a measure proposed by the voters
through the initiative process provided under this charter.
Local Newspaper -
(k) The words "local newspaper" shall mean a newspaper of general circulation
within Beverly, with either a weekly or daily circulation.
Majority Vote -
(l) The words "majority vote", when used in connection with a meeting of a multiple
member body, shall mean a majority of those present and voting, unless another provision ismade by
ordinance, by law, or by its own rules.
Measure -
(m) The word "measure" shall mean any ordinance, order, resolution, or other vote or
proceeding adopted, or which might be adopted by the city council or the school committee.
Multiple Member Body
(n) - The words “multiple member body” shall mean any board,
commission, committee, sub-committee or other body consisting of two or more persons whether elected,
appointed or otherwise constituted, but not including the city council or the school committee.
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Referendum Measure -
(o) The words “referendum measure” shall mean a measure adopted by the
city council or the school committee which is protested under the referendum procedures of this charter.
Voters -
(p) The word "voters" shall mean registered voters of the City of Beverly.
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 2-1: COMPOSITION, TERM OF OFFICE
(a) Composition - There shall be a city council of nine members which shall exercise the legislative
powers of the city. Three of these members, to be known as councillors-at-large, shall be nominated and
elected by and from the voters at large. Six of these members, to be known as ward councillors, shall be
nominated and elected by and from the voters of each ward, one such ward councillor to be elected from
each of the six wards into which the city is divided, in accordance with section 7-5.
(b) Term of Office - The term of office for all city councillors shall be for two years each, beginning
on the first Monday of January in the year following their election, and until their successors have been
qualified.
(c)
Eligibility- Any voter shall be eligible to hold the office of councillor-at-large. A ward councillor
shall at the time of election be a voter of the ward from which elected, provided, however, if any ward
councillor shall during the first eighteen months of the term of office remove to another ward in the city,
such office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner
provided in section 2-11. If such removal occurs after the first eighteen months of the term of office, such
councillor may continue to serve for the balance of the term for which elected. If a councillor-at-large or a
ward councillor removes from the city during the term for which elected such office shall immediately be
deemed vacant and filled in the manner provided in section 2-11.
SECTION 2-2: COUNCIL PRESIDENT
(a) Election and Term - The candidate for councillor-at-large receiving at the biennial city election
the largest number of votes for the office shall serve as council president during the ensuing term of office.
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(b) Powers and Duties The council president shall preside at all meetings of the city council,
regulate its proceedings and shall decide all questions of order. The council president shall appoint all
members of all committees of the city council, whether special or standing. The council president shall
have the same powers to vote upon all measures coming before the city council as any other member of the
city council. The council president shall perform such other duties consistent with the office as may be
provided by charter, by ordinance or by other vote of the city council.
(c) Council Vice-President - As soon as practicable after the councillors-elect have been qualified
following each biennial election, the members of the city council shall elect from among its members a
vice-president who shall act as president during the absence or disability of the council president. The
powers of an acting council president shall be limited to only those powers which are indispensably
essential to perform the duties of acting council president during the absence or disability of the council
president.
SECTION 2-3: PROHIBITIONS
No member of the city council shall hold any other city office or city employment for which a salary or
other emolument is payable from the city treasury. No former member of the city council shall hold any
compensated appointed city office or city employment until one year following the date on which such
former member’s service on the city council has terminated.
SECTION 2-4: COMPENSATION, EXPENSES
(a) Salary - The city council may, by ordinance, provide an annual salary for its members. No
ordinance increasing such salary shall be effective, however, unless it shall have been adopted during the
first twelve months of a term of office and it provides that such salary is to take effect with the organization
of the city government following the next biennial election.
(b) Expenses - Subject to appropriation, the council members shall be entitled to reimbursement of
their actual and necessary expenses in the performance of their duties.
SECTION 2-5: GENERAL POWERS
Except as otherwise provided by general law or by this charter, all powers of the city shall be vested in the
city council which shall provide for their exercise and for the performance of all duties and obligations
imposed upon the city by law.
SECTION 2-6: EXERCISE OF POWERS; QUORUM; RULES
(a) Exercise of Powers - Except as otherwise provided by general law or by this charter, the
legislative powers of the city council may be exercised in a manner determined by it.
(b) Quorum - The presence of five members shall constitute a quorum for the transaction of business,
but a smaller number may meet and adjourn from time to time. Except as otherwise provided by general
law or by this charter, the affirmative vote of five members shall be required to adopt any ordinance or
appropriation order.
(c) Rules of Procedure - The city council shall from time to time adopt rules regulating its
procedures, which shall be in addition to the following:
(I) Regular meetings of the city council shall be held at a time and place
fixed by ordinance.
(ii) Special meetings of the city council shall be held at the call of the
council president, or, on the call of any three or more members, by written
notice delivered in hand or to the place of residence of each member and
which contains a listing of the items to be acted upon. Except in case of an
emergency, of which the council president shall be judge, such notice shall be
delivered at least forty-eight hours in advance of the time set for such meeting.
Acopy of the notice to members shall, forthwith, be posted upon the city
bulletin board.
(iii) All sessions of the city council and of every committee or sub- committee
thereof, shall at all times be open to the public and to the press, unless another provision is made by law.
(iv) A full, accurate, up-to-date account of the proceedings of the city
council and of every committee and sub-committee thereof shall be kept, which account shall
include a record of each vote taken, and which shall be made available with reasonable promptness
following each meeting.
SECTION 2-7: ACCESS TO INFORMATION
(a) In General - The city council may make investigations into the affairs of the city and into the
conduct and performance of any city agency and for this purpose may subpoena witnesses, administer oaths
and require the production of evidence.
(b) City Officers, Members of City Agencies, Employees - The city council or any committee or sub-
committee thereof may require any city officer, member of a city agency or city employee to appear before
it to give such information as the city council may require in relation to the municipal services, functions,
powers, or duties which are within the scope of responsibility of such person and within the jurisdiction of
the city council.
(c) Mayor - The city council may require the mayor to provide specific information to it on any
matter within the jurisdiction of the city council. The city council may require the mayor to appear before
it, in person, to respond to written questions made available to the mayor at the time the request to attend is
made to the mayor to provide specific information on the conduct of any aspect of the business of the city.
The mayor may bring to such meeting any assistant, department head or other city officer or employee the
mayor may deem necessary to assist in responding to the questions posed by the city council.
(d) Notice - The city council shall give not less than five days notice to any person it may require to
appear before it under the provisions of this section. The notice shall include specific questions on which
the city council seeks information and no person called to appear before the city council under this section
shall be required to respond to any question not relevant or related to those presented in advance and in
writing. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of
residence of any such person.
SECTION 2-8: OFFICERS ELECTED BY CITY COUNCIL
(a) Budget/Management Analyst - The city council shall elect a budget/management analyst to serve
for a term of three years and until a successor is chosen and qualified. The budget/management analyst
shall perform a legislative oversight and a post audit function and shall not be involved in the day-to-day
administrative detail of the financial operations of the city. The budget/management analyst shall have free
access to all books, accounts, bills and vouchers of the city and shall continuously review and examine the
same. The budget/management analyst shall make periodic reports thereon to the city council, with such
frequency as the city council by ordinance, by rule or by other vote may direct, but not less frequently than
quarterly. All officials of the city shall cooperate with the budget/management analyst in the performance
of this oversight function. The budget/management analyst shall have such other powers and duties as may
be provided by charter, by ordinance or by other vote of the city council.
(b) City Clerk - The city council shall elect a city clerk to serve for a term of two years and until a
successor is chosen and qualified. The city clerk shall have the powers and duties relating to the keeping of
records and vital statistics, the regulation and conduct of elections and the issuance of licenses as are
provided to city clerks by general laws and such additional powers and duties as may be provided by
general laws, by charter, by ordinance or by other vote of the city council.
(c) Clerk of the Council - The city council shall elect a clerk of the council, who may be the city
clerk, to serve for a term of two years and until a successor is chosen and qualified. The clerk of the
council shall give notice of its meetings to its members and to the public, keep the journal of its
proceedings and perform such other duties as may be provided by ordinance or by other vote of the city
council.
(d) Salaries/Compensation - The officers appointed or elected by the city council shall receive such
salaries or other compensation as may from time to time be provided for such office, by ordinance.
(e) Removal/Suspension -Any person appointed or elected by the city council may be removed or
suspended by the city council by the use of procedures substantially the same as those contained in section
8-15.
SECTION 2-9: ORDINANCES AND OTHER MEASURES
(a) Emergency Ordinances - No ordinance shall be passed finally on the date it is introduced, except
in case of emergency involving the health or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in
a preamble to such ordinance, separately voted upon and receiving the affirmative vote of six or more
members of the city council.
Emergency ordinances shall stand repealed on the sixty-first day following their adoption, unless an earlier
date is specified in the measure, or unless a second emergency measure adopted in conformity with this
section is passed extending it, or unless a measure passed in conformity with the procedures for measures
generally has been passed extending it.
(b) Measures, In General - The city council may pass a measure through all of its stages at any one
meeting, except proposed ordinances, appropriation orders and loan authorizations, provided that no
member of the city council shall object; but, if any single member objects, a vote on the measure shall be
postponed to the next meeting of the city council.
On the first occasion that the question of adopting any measure is put to the city council, except an
emergency measure as defined in section 2-9(a), if a single member objects to the taking of a vote, the vote
shall be postponed until the next meeting of the city council regular or special. If when the matter is next
taken up for a vote, three or more members object to the taking of the vote, the matter shall be further
postponed for not less than an additional five days. This procedure shall not be used more than once for
any measure notwithstanding any amendments made to the original measure.
(c) Publication - Every proposed ordinance, appropriation order or loan authorization (except
emergency ordinances as provided in section 2-9(a)), shall be published once in full in a local newspaper,
and in any additional manner as may be provided by ordinance, at least ten days before its final passage.
After final passage, it shall be posted on the city bulletin board and otherwise published as may be required
by ordinance. Provided, however, that whenever a proposed ordinance or codification of ordinances or
other measure would exceed in length more than ten column inches of ordinary newspaper notice print,
then, in lieu of publication in a local newspaper, the same may be published and made available at the
office of the city clerk in booklet or pamphlet form, and, if so published and available at least ten days
before its final passage, shall be deemed sufficient notice. Whenever the city council provides for
publication in a booklet or pamphlet in lieu of the newspaper publication, it shall, at least ten days before
final passage, publish in a local newspaper a general summary of the proposed ordinance, or ordinances,
and a notice stating the times and places at which copies of the booklet or pamphlet may be obtained by the
public.
(d) Council Reconsideration - The clerk of the city council shall hold every measure adopted by the city
council for a period of twenty-four hours, Sundays and legal holidays excepted, and if during said time
notice of an intent to file a motion to reconsider the matter is filed with the clerk of the council by a
member entitled to make such a motion, the measure shall be returned to the city council for further action.
If no such statement of intent is filed with the clerk of the council during such period the clerk shall, at the
expiration of the said twenty-four hour period, forthwith present the matter to the mayor.
SECTION 2-10: COUNCIL REVIEW OF CERTAIN APPOINTMENTS
The mayor shall submit to the city council the name of each person the mayordesires to appoint to any city
office, as a department head or as a member of a multiple-member body, but not including any position
which is subject to the civil service law. The city council shall refer each such name as is submitted to it to
a standing committee of the city council which shall investigate each such candidate for appointment and
may make a report, with recommendations, to the full city council not less than sevennor more than
twenty-one days following such referral. The committee may require any person whose name has been
referred to it to appear before the committee, or before the city council, to give such information relevant to
such appointment as the committee, or the city council, may require.
Appointments made by the Mayor shall become effective on the thirtieth day following the date on which
notice of the proposed appointment was filed with the clerk of the council, unless the city council shall
within the said thirty days vote to reject such appointment, or unless the city council has sooner voted to
affirm the appointment. Rejection by the city council shall require a two-thirds vote of the full council,
except that an appointment to a multiple member body may be rejected by a majority vote of the full
council. The question on rejection of any appointment made by the mayor shall not be subject to the
procedure of charter objection provided in section 2-9 (b) of this charter.
SECTION 2-11: FILLING OF VACANCIES
(a) Councillor-at-Large - If a vacancy shall occur in the office of councillor-at-large during the first
eighteen months of the term for which councillors are elected, the vacancy shall be filled in descending
order of votes received by the candidate for the office of councillor-at-large at the preceding city election
who received the largest number of votes without being elected, provided such person remains eligible and
willing to serve and provided such person received votes at least equal to thirty percent of the vote total
received by the person receiving the largest number of votes for the office of councillor-at-large at the said
election. The city clerk shall certify such candidate to the office of councillor-at-large to serve for the
balance of the then unexpired term.
If a vacancy shall occur in the office of councillor-at-large during the last six months of the term for which
councillors-at-large are elected, such vacancy shall be filled by the person at the biennial city election who
receives the highest number of votes for the office of councillor-at-large and who is not then serving as a
councillor-at-large. Such person shall forthwith be certified and shall serve for the last two months of the
concluding term in addition to the term for which such person was elected.
(b) Ward Councillor - If a vacancy shall occur in the office of ward councillor, it shall be filled in the
same manner as provided in section 2-11(a) for the office of councillor-at-large except that the list shall be
of the candidates for the office of ward councillor in the ward in which the vacancy occurs, provided,
however, if there be no candidate on such list who remains eligible and willing to serve, the next highest
ranking candidate from among the candidates for election to the council at large who is a resident of the
ward in which the vacancy exists shall be certified and shall serve until the next regular election provided
such candidate remains a resident of the ward, is willing to serve as a ward councillor and received votes in
the ward at least equal to thirty percent of the vote total received by the person receiving the largest number
of votes for the office of ward councillor at the said election. If the vacancy shall occur by reason of an
incumbent ward councillor filling a vacancy in the office of councillor-at-large, as provided in the
penultimate sentence of (a) above, such vacancy shall be filled by the person at the biennial city election
who receives the highest number of votes for the office of ward councillor from that ward. Such person
shall forthwith be certified and shall serve for the last two months of the concluding term in addition to the
term for which such person was elected. The city clerk shall certify such candidate to the office of ward
councillor to serve for the balance of the then unexpired term.
(c) Filling of Vacancies By City Council - Whenever a vacancy shall occur in the office of
councillor-at-large or in that of ward councillor and there is no available candidate to fill such vacancy in
the manner provided in section 2-11 (a) or (b), the vacancy shall be filled by the remaining members of the
city council. Persons elected to fill a vacancy by the city council shall serve only until the next regular
election at which time the vacancy shall be filled by the voters and the person chosen to fill such vacancy
shall forthwith be sworn and shall serve for the remainder of the unexpired term in addition to the term for
which elected. Persons serving as city councillors under this section shall not be entitled to have the words
“candidate for re-election” printed against their names on the election ballot.
ARTICLE 3
EXECUTIVE BRANCH
SECTION 3-1: MAYOR: QUALIFICATIONS; TERM OF OFFICE; COMPENSATION
(a) Mayor, Qualifications - The chief executive officer of the city shall be a mayor, elected by and
from the voters of the city at large. Any voter shall be eligible to hold the office of mayor. The mayor
shall devote full time to the office and shall not hold any other elective public office, nor shall the mayor be
actively engaged in any other business, occupation or profession during the period of service as mayor.
(b) Term of Office - The term of office of the mayor shall be two years beginning on the first Monday
of January following the biennial city election at which chosen and until a successor is qualified.
(c) Compensation - The city council shall, by ordinance, establish an annual salary for the mayor. No
ordinance increasing the salary of the mayor shall be effective unless it shall have been adopted in the first
twelve months of the term for which councillors are elected and it provides that such salary is to become
effective in January of the year following the next biennial city election.
SECTION 3-2: EXECUTIVE POWERS; ENFORCEMENT OF ORDINANCES
The executive powers of the city shall be vested solely in the mayor, and may be exercised by the mayor
either personally or through the several city agencies under the general supervision and control of the office
of the mayor. The mayor shall cause the charter, the laws, the ordinances and other orders for the
government of the city to be enforced, and shall cause a record of all official acts of the executive branch of
the city to be kept.
The mayor shall exercise a general supervision and direction over all city agencies, unless otherwise
provided by law, by the charter or by ordinance. Each city agency shall furnish to the mayor, forthwith
upon request, any information, materials or otherwise as the mayor may request and as the needs of the
office and the interest of the city may require.
The mayor shall be the chief procurement officer for the city responsible for buying, purchasing, renting,
leasing, or otherwise acquiring all supplies and all services for all departments and all activities of the city
and including all functions that pertain to the obtaining of a supply or a service, including description of
requirements, selection and solicitation of sources, preparation and award of all contracts and all phases of
contract administration. The mayor may delegate all or any portion of such powers and duties to a
subordinate officer, but, no such delegation shall in any way absolve the mayor from the ultimate
responsibility for all procurement activities.
The mayor shall supervise, direct and be responsible for the efficient administration of all city activities and
functions placed under the control of the mayor by law, by this charter, by ordinance or otherwise. The
mayor shall be responsible for the efficient and effective coordination of the activities of all agencies of the
City of Beverly and for this purpose shall have authority consistent with law to call together for
consultation, conference and discussion at all reasonable times, all persons serving the city, whether elected
directly by the voters, chosen by persons elected directly by the voters, or otherwise.
The mayor shall hold no other city office or city employment for which a salary or other emolument is
payable from the city treasury. No former mayor shall hold any compensated appointed city office or city
employment until one year following the date on which such former mayor’s city service has terminated.
SECTION 3-3: APPOINTMENTS BY THE MAYOR
The mayor shall appoint, subject to the review of such appointments by the city council as provided in
section 2-10, all city officers, department heads and the members of multiple-member bodies for whom no
other method of appointment or selection is provided by the charter, excepting only persons serving under
the school committee, and persons serving under the city council. Except as may otherwise be required by
the civil service law, appointments made by the mayor shall be for periods not to exceed three years,
provided, however, the mayor may appoint the head of a department related to the public safety for a term
of not less than three nor more than five years. The mayor may suspend or remove any person appointed by
the mayor in accordance with the procedure established in section 3-4. The decision of the mayor in
suspending or removing a department head shall be final.
All persons categorized as department heads shall, subject to the consent of the mayor, appoint all
assistants, subordinates and other employees of the agency for which such person is responsible. The
department head may suspend or remove any assistant, subordinate or other employee of the agency for
which such person is responsible in accordance with the procedures established in section 8-15. The
decision of the department head to suspend or remove any assistant, subordinate or other employee shall be
subject to review by the mayor. A person for whom a department head has determined a suspension or
removal is appropriate may seek review of such determination by the mayor by filing a petition for review,
in the office of the mayor, in writing, within ten days following receipt of notice of such determination. The
review by the mayor shall follow the procedures of section 8-15. The decision of the mayor shall be final.
SECTION 3-4: REMOVAL OR SUSPENSION OF CERTAIN OFFICIALS
(a) In General - The mayor may, in writing, remove or suspend any city officer, member of a
multiple member body, or the head of any city department appointed by the mayor by filing a written
statement, with the city clerk, setting forth in precise detail the specific reasons for such removal or
suspension. A copy of the written statement shall be delivered in hand, or mailed by certified mail, postage
prepaid, to the last known address of the said city officer, member of a multiple member body, or head of a
department. The said city officer, member of a multiple member body, or head of a department may make a
written reply by filing such a reply statement, with the city clerk, within ten days following the date the
statement of the mayor has been filed; but, such reply shall have no effect upon the removal or suspension
unless the mayor shall so determine. The said city officer, member of a multiple member body, or head of a
department may request permission to appear at a public meeting of the city council to read the written
reply concerning removal or suspension. If permission for said city officer, member of a multiple member
body, or head of a department to attend a meeting of the city council is granted for such purpose, the mayor
may attend the same meeting to read the statement of removal or suspension filed by the mayor in the first
instance. The city council shall have no authority to vote or otherwise express its views concerning such
removal or suspension.
(b) Public Safety - The mayor may, in writing, remove or suspend the head of any city department
relating to the public safety appointed by the mayor by filing a written statement, with the city clerk, setting
forth in precise detail the specific reasons for such removal or suspension. A copy of the written statement
shall be delivered in hand, or, mailed by certified mail, postage prepaid, to the last known address of the
said head of a department. The said city officer or head of a department may make a written reply by filing
such a reply statement, with the city clerk, within ten days following the date the statement of the mayor
has been filed; but, such reply shall have no effect upon the removal or suspension unless the mayor shall
so determine. The said city officer or head of a department may request permission to appear at a public
meeting of the city council to contest the decision of the mayor concerning a removal from office and to
read the written reply filed with the city clerk concerning such removal. If permission for said head of a
department to attend a meeting of the city council is granted for such purpose the mayor may attend the
same meeting to read the statement of removal filed by the mayor in the first instance. The city council
shall have the authority to vote to approve or disapprove of the action of the mayor, but, it shall have no
other power to otherwise express its views concerning such removal or suspension. The removal shall not
take effect unless at least five members of the city council shall vote to confirm the action of the mayor.
SECTION 3-5: TEMPORARY APPOINTMENTS TO CITY OFFICES
Whenever a vacancy, either temporary or permanent, occurs in a city office and the needs of the city
require that such office be filled, the mayor may designate the head of another city agency or a city officer
or city employee, or some other person to perform the duties of the office on a temporary basis until such
time as the position can be filled as otherwise provided by law, by the charter or by ordinance. The mayor
shall file a certificate in substantially the following form, with the city clerk, whenever a person is
designated under this section:
I designate (name of person) to perform the duties of the office of (designate office in which
vacancy exists) on a temporary basis until the office can be filled by (here set out the regular
procedure for filling the vacancy, or when the regular officer shall return). I certify that said
person is qualified to perform the duties which will be required and that I make this
designation solely in the interests of the City of Beverly.
(signed)
Mayor
Persons serving as temporary officers under the authority of this section shall have only those powers of the
office indispensably essential to the performance of the duties of the office during the period of such
temporary appointment and no others. No temporary appointment shall be for more than thirty days and not
more than one renewal of a temporary appointment may be made when a permanent vacancy exists in the
office.
SECTION 3-6: COMMUNICATIONS; SPECIAL MEETINGS
(a) Communications to the City Council - Within six weeks following the start of each fiscal year,
the mayor shall submit to the city council, and make available for public distribution, a complete report on
the financial and administrative activities of the city for the preceding fiscal year. The mayor shall, from
time to time throughout the year, by written communications, recommend to the city council for its
consideration such measures as, in the judgment of the mayor, the needs of the city require. The mayor
shall, from time to time throughout the year, but at least quarterly, by written communications, keep the
city council fully informed of the financial and administrative condition of the city and shall specifically
indicate in any such reports any fiscal, financial or administrative problems of the city.
(b) Special Meetings of the City Council - The mayor may at any time call a special meeting of the
city council, for any purpose, by causing a notice of such meeting to be delivered in hand or to the place of
business or residence of each member of the city council. Such notice shall, except in an emergency of
which the mayor shall be the sole judge, be delivered at least forty-eight weekday hours in advance of the
time set and shall specify the purpose or purposes for which the meeting is to be held. A copy of each such
notice shall, forthwith, be posted on the city bulletin board.
SECTION 3-7: APPROVAL OF MAYOR, EXCEPTION (VETO)
Every order, ordinance, resolution or vote adopted or passed by the city council relative to the affairs of the
city, except memorial resolutions, the selection of city officers by the city council and any matters relating
to the internal affairs of the city council, shall be presented to the mayor for approval. If the mayor
approves of the measure, the mayor shall sign it; if the mayor disapproves of the measure, the mayor shall
return the measure, with the specific reason or reasons for such disapproval attached thereto, in writing, to
the city council. The city council shall enter the objections of the mayor on its records, and not sooner than
ten days, nor after thirty days from the date of its return to the city council, shall again consider the same
measure. If the city council, notwithstanding such disapproval, by the mayor, shall again pass the order,
ordinance, resolution or vote by a two-thirds vote of the full council, it shall then be deemed in force,
notwithstanding the failure of the mayor to approve the same. If the mayor has neither signed a measure nor
returned it to the city council within ten days following the date it was presented to the mayor, the measure
shall be deemed approved and in force.
SECTION 3-8: TEMPORARY ABSENCE OF THE MAYOR
(a) Acting Mayor - Whenever, by reason of sickness, absence from the city or other cause, the mayor
shall be unable to perform the duties of the office for a period of five successive working days or more, the
president of the city council shall be the acting mayor. In the event of the absence or disability of the
president of the city council, the vice-president of the city council shall serve as acting mayor.
The mayor shall, by a letter filed with the city council and a copy filed with the city clerk, designate a
qualified city officer or city employee to exercise the powers and perform the duties of the office during the
temporary absence of the mayor for periods of less than five days and to serve only when the needs of the
city require and only to the extent necessary under the then circumstances.
(b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor as may be
necessary to the conduct of the business of the city in an orderly and efficient manner and which may not
be delayed. The acting mayor shall have no authority to make any permanent appointment or removal from
city service unless the disability of the mayor shall extend beyond sixty days nor shall an acting mayor
approve or disapprove of any measure adopted by the city council unless the time within which the mayor
must act would expire before the return of the mayor. During any period in which any member of the city
council is serving as acting mayor, such councillor shall not vote as a member of the city council.
SECTION 3-9: VACANCY IN OFFICE OF MAYOR
(a) Special Election - If a vacancy in the office of mayor occurs in the first fifteen months of the term
for which the mayor is elected, whether by reason of death, resignation, removal from office, incapacity or
otherwise the city council shall forthwith order a special election, to be held within ninety days following
the date the vacancy is created, to fill such vacancy for the balance of the then expired term.
(b) Council Election- If a vacancy in the office of mayor occurs in the last nine months of the term
for which the mayor is elected, whether by reason of death, resignation, removal from office, or otherwise,
the president of the city council shall become the mayor. Upon the qualification of the president of the city
council as the mayor, under this section, a vacancy shall exist in that council seat on the city council which
shall be filled in the manner provided in section 2-10.
(c) Powers, Term of Office - The mayor elected under Section 3-9 (a) or (b) shall have all the powers
of the mayor. A person elected pursuant to subsection (a), above, shall serve for the balance of the term
unexpired at the time of election to the office. A person chosen pursuant to subsection (b), above, shall
serve until the time of the next regular election at which time the person elected to fill the office for the
ensuing term of office shall serve, in addition for the balance of the then unexpired term.
ARTICLE 4ARTICLE 4
SCHOOL COMMITTEE
SECTION 4-1: SCHOOL COMMITTEE
(a) Composition, Term of Office - There shall be a school committee which shall consist of seven
members. Six of these members, to be known as ward school committee members, shall be nominated and
elected by and from the voters of each ward, one such ward school committee member to be elected from
each of the six wards into which the city is divided, in accordance with section 7-5. The mayor shall serve
as the seventh member of the school committee. The term of office for all school committee members shall
be for two years each, beginning on the first Monday of January in the year following their election, and
until their successors have been qualified.
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(b) EligibilityA ward school committee member shall at the time of election be a voter of the ward
from which elected, provided, however, if any ward school committee member shall, during the first
eighteen months of the term of office, remove to another ward in the city, such office shall be deemed
vacant and the balance of the unexpired term shall be filled in the manner provided in section 4-1(f). If such
removal occurs after the first eighteen months of the term of office, such school committee member may
continue to serve for the balance of the term for which elected. If a ward school committee member
removes from the city during the term for which elected such office shall immediately be deemed vacant
and filled in the manner provided in section 4-1(f).
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(c) Powers and DutiesThe school committee shall have all powers which are conferred on school
committees by general laws and such additional powers and duties as may be provided by the charter, by
ordinance, or otherwise and not inconsistent with said grant of powers conferred by general laws. The
powers and duties of the school committee shall include the following:
1) To elect a superintendent of the schools who shall be charged with the day-to-day
administration of the school system, subject only to policy guidelines and directives adopted by the school
committee;
2) To make all reasonable rules and regulations for the management of the public school system
and for conducting the business of the school committee as may be deemed necessary or desirable;
3) To adopt and administer an annual operating budget for the school department, subject to
appropriation by the city council.
The school committee shall have general charge and superintendence of all school buildings and grounds,
shall furnish all school buildings with proper fixtures, furniture and equipment and shall provide ordinary
maintenance of all school buildings and grounds; provided, however, the city council may, by ordinance,
provide for the establishment of a central municipal maintenance department which may include
maintenance of school buildings and grounds. Whenever the school committee shall determine that
additional classrooms are necessary to meet the educational needs of the community, at least one member
of the school committee, or designee of the school committee, shall serve on the agency, board or
committee to which the planning or construction of such new, remodeled or renovated school building is
delegated.
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(d) ProhibitionsNo member of the school committee shall hold any other city office or city
employment for which a salary or other emolument is payablefrom the city treasury. No former member
of the school committee shall hold any compensated appointed city office or city employment until one
year following the dateon which such member’s service on the school committee has terminated.
(e) Salary- The city council may, by ordinance, provide an annual salary for the members of the
school committee. No ordinance increasing such salary shall be effective, however, unless it shall have
been adopted during the first twelve months of a term of office and it provides that such salary is to take
effect with the organization of the city government following the next biennial election.
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(f) Filling of VacanciesIf a vacancy shall occur in the office of ward school committee member
during the first twenty months of the term for which school committee members are elected, the vacancy
shall be filled in descending order of votes received by the candidate for the office of ward school
committee member from that ward at the preceding city election who received the largest number of votes
without being elected, provided such person remains eligible and willing to serve and provided such person
received votes at least equal to thirty percent of the vote total received by the person receiving the largest
number of votes for the office of ward school committee member in that ward. If there be no such
candidate eligible and willing to serve, the vacancy shall be filled by a majority vote of the remaining
members of the school committee and the city council sitting in joint convention, from among the voters of
the ward. If the vacancy shall occur during the last four months of the term of office such vacancy shall be
filled by the person at the biennial city election who receives the highest number of votes for the office of
ward school committee member from that ward. Such person shall forthwith be certified and shall serve
for the last two months of the concluding term in addition to the term for which such person was elected.
The city clerk shall certify such candidate to the office of ward school committee member to serve for the
balance of the then unexpired term.
SECTION 4-2: SCHOOL COMMITTEE PRESIDENT
(a) Election and Term - The school committee shall organize by electing one of the ward school
committee members to serve as school committee president during the ensuing term of office.
(b) Powers and Duties - The school committee president shall preside at all meetings of the school
committee, regulate its proceedings and shall decide all questions of order. The school committee president
shall appoint all members of all committees of the school committee, whether special or standing. The
school committee president shall have the same powers to vote upon all measures coming before the school
committee as any other member of the school committee. The school committee president shall perform
such other duties consistent with the office as may be provided by charter, by ordinance or by other vote of
the school committee.
SECTION 4-3: SCHOOL COMMITTEE BUDGET
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. 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.
ARTICLE 5
ADMINISTRATIVE ORGANIZATION
SECTION 5-1: ORGANIZATION OF CITY AGENCIES
The organization of the city into operating agencies for the provision of services and the administration of
the government may be accomplished through either of the methods provided in this article.
(a) Ordinances - Subject only to express prohibitions in a general law or the provisions of this charter, the
city council may, by ordinance, reorganize, consolidate, create, merge, divide or abolish any city agency, in
whole or in part; establish such new city agencies as it deems necessary or advisable; determine the manner
of selection, the term of office and prescribe the functions of all such entities; provided, however, that no
function assigned by this charter to a particular city agency may be discontinued, or assigned to any other
city agency, unless this charter specifically so provides.
(b) Administrative Code - The mayor may from time to time prepare and submit to the city council plans of
organization or reorganization which establish operating divisions for the orderly, efficient or convenient
conduct of the business of the city.
Whenever the mayor proposes such a plan, the city council shall hold one or more public hearings on the
proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the
proposal and the time and place at which the hearing will be held, not less than seven nor more than
fourteen days following said publication.
An organization or reorganization plan shall become effective at the expiration of sixty days following the
date the proposal is submitted to the city council unless the city council shall, by a majority vote, within
such period vote to disapprove the plan. The city council may vote only to approve or to disapprove the
plan and may not vote to amend or to alter it.
The mayor may, through the administrative code, and subject only to express prohibitions in a general law
or this charter, reorganize, consolidate or abolish any city agency, in whole or in part; establish such new
city agencies as is deemed necessary to the same extent as is provided in section 5-1 (a), above, for
ordinances; and for such purpose may transfer the duties and powers and, so far as is consistent with the
use for which the funds were voted by the city, transfer the appropriation of one city agency to another;
provided, however, that no function assigned by this charter to a particular city agency may be discontinued
or assigned to any other city agency unless this charter specifically so provides.
SECTION 5-2: PUBLICATION OF ADMINISTRATIVE CODE
For the convenience of the public, the administrative code and any amendments to it shall be printed as an
integral part of the ordinances of the City of Beverly.
SECTION 5-3: MERIT PRINCIPLE
All appointments and promotions of city officers and employees shall be made on the basis of merit and
fitness demonstrated by examination, past performance, or by other evidence of competence and suitability.
Each person appointed to fill an office or position shall be a person especially fitted by education, training
and previous work experience to perform the duties of the office or position for which chosen.
SECTION 5-4: DEPARTMENT OF MUNICIPAL FINANCE
(1) Establishment, Scope - There shall be a department of municipal finance responsible for the
performance of all of the fiscal and financial activities of the city. The department of municipal finance
shall assume all of the duties and responsibilities related to municipal finance activities which prior to the
adoption of the home rule charter were performed by or under the authority of the city auditor, the city
treasurer, the city collector, the chief procurement officer and the board of assessors; and it may have such
additional powers, duties and responsibilities with respect to municipal finance related functions and
activities as the city may from time to time provide, by ordinance.
(2) Director of Municipal Finance- The department of municipal finance shall be under the direct control
and supervision of a director of municipal finance who shall be appointed by and who shall be responsible
to the mayor. The mayor shall also appoint the person, or persons, performing the duties of city collector
and city treasurer. The director of municipal finance shall be a person especially fitted by education,
experience and training to perform the duties of the office. The director of municipal finance shall be
responsible for the supervision and coordination of all activities of the department of municipal finance in
accordance with state statutes, city ordinances, administrative code and rules and regulations. The director
of municipal finance shall serve, ex officio, as the mayor may from time to time specify, as the city
treasurer, collector, or treasurer-collector.
SECTION 5-5: DEPARTMENT OF PLANNING AND DEVELOPMENT
(1) Establishment, Scope - There shall be a department of planning and development responsible for the
coordination of all the planning and development related activities of the city. The department of planning
and development shall be responsible for the coordination of all of the duties and responsibilities related to
planning and development activities which prior to the adoption of the home rule charter were performed
by or under the authority of the planning board, board of appeals, and the conservation commission; and it
may have such additional powers, duties and responsibilities with respect to the coordination of planning
and development related functions and activities as the city may from time to time provide, by ordinance
and which may include the coordination of all land acquisition and land management proposals, economic
development planning, the preparation of a comprehensive or master plan and maintenance of a centralized
source of records, reports, statistical data and other planning and development related materials.
(2) Director of Planning and Development - The department of planning and development shall be under
the direct control and supervision of a director of planning and development who shall be appointed by and
who shall be responsible to the mayor. The director of planning and development shall be a person
especially fitted by education, experience and training to perform the duties of the office. The director of
planning and development shall be responsible for the supervision and coordination of all activities of the
department of planning and development in accordance with state statutes, city ordinances, administrative
code and rules and regulations.
SECTION 5-6: PLANNING AND CONSTRUCTION OF BUILDINGS AND OTHER FACILITIES
(a) Composition, Mode of Appointment and Term of Office - There shall be a permanent building and
other facilities planning and construction committee (which may be referred to as the planning and
construction committee) consisting of seven members. Six of the committee members shall be appointed by
the mayor for terms of three years each so arranged that the term of two members shall expire each year. In
making appointments to the committee, the mayor shall seek persons having experience in the fields of
architecture, engineering, construction, real estate or law. The seventh member of the committee shall be
designated by the school committee and may, but need not, be a member of the school committee.
(b) Powers and Duties - The buildings and other facilities planning and construction committee shall be
responsible for monitoring the physical condition of all municipal buildings and other facilities. The
committee shall meet from time to time with representatives of municipal agencies to evaluate the need for
additions, renovations or remodeling of any existing building or facility or for the construction of new
buildings or other facilities. The committee shall file written reports, at least annually, with the mayor in
which it shall make recommendations as to the need for any project or projects.
Whenever any construction work on any municipal building or other facility is authorized, the buildings
and other facilities planning and construction committee shall be responsible for all work in connection
with the project including site planning, surveying, engineering studies, architectural plans and
specifications and the supervision of construction.
SECTION 5-7: DEPARTMENT OF HUMAN RESOURCES
(1) Establishment, Scope - There shall be a department of human resources which shall be responsible for
all personnel and employee-related functions and activities of the city government and its administration.
The department of human resources shall assume all of the duties and responsibilities related to human
resources activities which, prior to the adoption of the home rule charter, were performed by or under the
authority of the city auditor, the city treasurer, and the heads of city agencies; and it may have such
additional powers, duties and responsibilities with respect to human resources related functions and
activities as the city may from time to time provide, by ordinance. The functions of the department shall
include the following:
1. Plan, administer and direct all phases of all municipal personnel plans and collective bargaining
agreements, including job description, position classification, sick and vacation day administration,
accident prevention programs, employee grievance procedures, physical examination processing, testing,
review and evaluation of work records and all other record keeping related to city employees.
2. Develop new and revised personnel policies and practices to maintain and keep current the
existing high standards for municipal personnel.
3. Review and evaluate all requests for new or additional personnel made by city agencies and
make recommendations to the mayor.
4. Advise and assist all agency heads and employees in all aspects of municipal personnel matters
including recruitment, promotion, transfer, training, wages, insurance and other benefits of employment.
(2) Director of Human Resources - The department shall be headed by a director of human resources
appointed by the mayor and who shall be responsible to the mayor. The director of human resources shall
be a person especially fitted by education, experience and training to perform the duties of the office. The
director of human resources shall be responsible for the supervision and coordination of all activities of the
department of human resources and development in accordance with state statutes, city ordinances,
administrative code and rules and regulations.
SECTION 5-8: DEPARTMENT OF MUNICIPAL INSPECTIONS
(1) Establishment, Scope - There shall be a department of municipal inspections which shall be responsible
for the coordination of all inspection functions performed by any city officer, employee or agent. The
department of municipal inspections shall be responsible for the coordination of all of the inspection
functions conducted by the city, including, but not limited to, those required under the zoning or any other
city ordinance, the provisions of the Code of Massachusetts Regulations relating to buildings, electrical
wiring, plumbing, gas fitting, sanitation, wetlands, fire protection and fire safety, hazardous materials, local
regulations adopted by the board of health, conservation commission, historical commission, planning
board and every other local inspection as may be otherwise authorized or conducted. The department of
municipal inspections shall have such additional powers, duties and responsibilities with respect to the
coordination of municipal inspection functions as the city may from time to time provide by ordinance and
which may include the maintenance of all records relating to inspections in a central place through a
common index, a single application process which would indicate all inspections which might be necessary
for a particular project and provide for a consolidated, coordinated review and processing of each such
application.
(2) Director of Municipal Inspections - The department of municipal inspections shall be under the direct
control and supervision of a director of municipal inspections who shall be appointed by the mayor and
who shall be responsible to the mayor. The director of municipal inspections shall be a person especially
fitted by education, experience and training to perform the duties of the office. The director of municipal
inspections shall be responsible for the supervision and coordination of all activities of the department of
municipal inspections in accordance with state statutes, city ordinances, administrative code and rules and
regulations. The director of municipal inspections shall in addition to the coordination responsibilities
assigned by this provision also perform the duties of building inspector or any other position within the
department as the mayor may from time to time specify.
ARTICLE 6
FINANCE AND FISCAL PROCEDURES
SECTION 6-1: FISCAL YEAR
The fiscal year of the city shall begin on the first day of July and shall end on the last day of June, unless
another period is required by general law.
SECTION 6-2: SCHOOL COMMITTEE BUDGET
(a) Public Hearing - At least seven days before the meeting at which the school committee is scheduled to
vote on its final budget request, the school committee shall cause to be published in a local newspaper a
general summary of its proposed budget. The summary shall specifically indicate any major variations from
the current budget, and the reasons for such changes. It shall further indicate the times and places at which
complete copies of its proposed budget are available for examination by the public, and the date, time and
place when and where a public hearing will be held by the school committee on the proposed budget. The
school committee shall not take its final vote on its proposed budget until all persons who desire to be heard
concerning the budget proposal have had an opportunity to be heard.
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(b) Submission to Mayor The budget as adopted by the school committee shall be submitted to the mayor
at least twenty-one days before the date the mayor is required to submit a proposed city budget to the city
council to allow the mayor sufficient time within which to consider the effect the school department's
requested appropriation will have upon the total city operating budget the mayor is required to submit
under this article.
SECTION 6-3: SUBMISSION OF BUDGET AND BUDGET MESSAGE
Within the time fixed by law, before the start of the fiscal year of the city, the mayor shall submit to the city
council a proposed operating budget for the ensuing fiscal year with an accompanying budget message and
supporting documents. The mayor shall simultaneously provide for the publication in a local newspaper of
a notice and a general summary of the proposed budget. The summary shall specifically indicate any major
variations from the current operating budget and the reason for such changes. The notice shall further
indicate the times and places at which complete copies of the proposed operating budget for the city are
available for examination by the public.
SECTION 6-4: BUDGET MESSAGE
The budget message of the mayor shall explain the budget for all city agencies both in fiscal terms and in
terms of work programs. It shall outline proposed financial policies of the city for the ensuing fiscal year,
describe important features of the budget, indicate any major variations from the current fiscal year in
financial policies, expenditures and revenues together with the reasons for such changes, summarize the
city's debt position and include other material as the mayor deems desirable, or as may be required by the
provisions of a city ordinance.
SECTION 6-5: THE BUDGET
The proposed operating budget shall provide a complete financial plan for all city funds and city activities
for the ensuing fiscal year. Except as may otherwise be required by general law, or this charter, it shall be
in the form which the mayor deems desirable or as a city ordinance may require. In the presentation of the
budget, the mayor shall utilize modern concepts of fiscal presentation so as to furnish an optimum level of
information and the best financial control. The budget shall show in detail all estimated income from the
proposed property tax levy and from all other sources and all proposed expenditures, including debt
service, for the following year. The budget shall be arranged to show the actual and estimated income and
expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections:
(a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by city agency and
position in terms of work programs, and the method of financing such expenditures;
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by city agency, and the proposed
method of financing each such capital expenditure;
(c) The relationship of each proposed capital expenditure to the capital improvement program required to
be submitted under section 6-8 and
(d) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated
balances in any special accounts established for specific purposes.
SECTION 6-6: ACTION ON THE BUDGET
(a) Public Hearing - Forthwith upon its receipt of the proposed operating budget, the city council shall
provide for the publication in a local newspaper of a notice stating the time and place, not less than seven
nor more than fourteen days following such publication, at which it will hold a public hearing on the
proposed operating budget as submitted.
(b) Review- The city council shall consider, in open public meetings, the detailed expenditures proposed
for each city agency and may confer with representatives of each such agency in connection with its
review and consideration. The city council may require the mayor, or any other city agency, to furnish it
with such additional information as it may deem necessary to assist it in its review and consideration of the
proposed operating budget.
(c) Action by City Council - The city council shall adopt the budget, with or without amendments, within
sixty days following the day the proposed budget is received by it, or such other period as may be provided
by general law. In amending the budget, the city council may delete or decrease any programs or amounts
except expenditures required by law, or for debt service. If the city council fails to take any action with
respect to any item in the proposed budget within sixty days following the date of its receipt of the
proposed budget, or such other period as may be provided by general law, such amount shall, without any
action by the city council, become a part of the appropriations for the ensuing fiscal year and shall be
available for the purposes specified.
SECTION 6-7: SUPPLEMENTARY BUDGETS, OTHER APPROPRIATIONS
(a) Intradepartmental Transfers - With the approval of the mayor, funds appropriated for one line item
within the appropriation made for a particular municipal agency may be transferred to another line item
within the same municipal agency. Whenever such a transfer is authorized by the mayor, notice of the
transfer, and the circumstances under which such transfer was deemed advisable, shall be filed with the
clerk of the city council.
(b) Interdepartmental Transfers - With the approval of the city council, funds appropriated to the use of
one municipal agency may be transferred to the use of another municipal agency. Requests to the city
council for the transfer of funds from one municipal agency to another shall be made by the mayor, in
writing, and shall include a statement setting forth the reason the additional funds are needed by the agency
to which it is proposed they be transferred and shall be accompanied by a certificate signed by the agency
from which the appropriation is proposed to be taken that such transfer will not prevent that agency from
performing its vital functions. A copy of this request shall, forthwith, be posted on the city bulletin board.
The city council shall, by its rules, provide a procedure governing interdepartmental transfer requests which
shall include at least two readings and a public hearing by the city council. Such rule shall specify the
circumstances under which notice by publication in a newspaper shall be required and circumstances under
which simple posting on the city bulletin board shall be sufficient.
(c) Supplementary Appropriations - Whenever the mayor shall submit to the city council a request for a
new appropriation of any sum of money, either as a supplement to some item in the annual operating
budget or for an item, or items, not included in the annual operating budget as adopted, the city council
shall not act upon such request until it has (1) given notice by publication in a local newspaper of the
request, and (2) held a public hearing concerning such request. The publication of the notice and the public
hearing shall be generally in conformity with the provisions of section 6-6(a) concerning the proposed
annual operating budget.
SECTION 6-8: CAPITAL IMPROVEMENT PROGRAM
The mayor shall submit a capital improvement program to the city council at least one hundred fifty days
before the start of each fiscal year. It shall include:
(a) a clear and concise general summary of its contents;
(b) a list of all capital improvements proposed to be undertaken during the next ensuing five years, with
supporting information as to the need for each capital improvement;
(c) cost estimates, methods of financing and recommended time schedules for each improvement; and
(d) the estimated annual cost of operating and maintaining each facility and piece of major equipment
involved.
This information is to be annually revised by the mayor with regard to the capital improvements still
pending or in the process of being acquired, improved or constructed.
SECTION 6-9: INDEPENDENT AUDIT
The city council shall annually provide for an outside audit of the books and accounts of the city to be
made by a certified public accountant, or firm of such accountants.
ARTICLE 7
ELECTIONS; ELECTION RELATED MATTERS
SECTION 7-1: CITY ELECTIONS: GENERAL, PRELIMINARY
The regular general city election shall be held on the first Tuesday following the first Monday in November
in each odd numbered year.
On the sixth Tuesday preceding every regular general city election there shall be a preliminary election for
the purpose of nominating candidates.
SECTION 7-2: NON-PARTISAN ELECTIONS
All elections for city offices shall be non-partisan and election ballots shall be printed without any party
mark, emblem, or other designation whatsoever.
SECTION 7-3: PRELIMINARY ELECTION
(a) Signature Requirements - The number of signatures of voters required to place the name of a
candidate on the official ballot to be used at a preliminary election shall be as follows: for the office of
mayor not less than one hundred such signatures, provided, however, that not more than twenty-five
signatures from any one ward shall be counted in the minimum number of required signatures; for the
office of councillor-at-large not less than one hundred such signatures, provided, however, that not more
than twenty-five signatures from any one ward shall be counted in the minimum number of required
signatures; for the office of ward councillor not less than fifty such signatures, all of which shall be from
the ward from which the nomination is sought.
(b) Ballot Position - The order in which names of candidates appear on the ballot for each office shall
be determined by a drawing, by lot, conducted by the city clerk which shall be open to the public.
(c) Determination of Candidates - The two persons receiving at a preliminary election the highest
number of votes for nomination for any office shall be the sole candidates for that office whose names shall
be printed on the official ballots to be used at the regular general city election at which such office is to be
voted upon, and no acceptance of a nomination shall be necessary to its validity. If two or more persons
are to be elected to the same office at such regular election, the several persons, in number equal to twice
the number so to be elected, receiving at such preliminary election the highest number of votes for
nomination for that office shall be the sole candidates for that office whose names shall be printed on the
official ballots.
If the preliminary election results in a tie vote among candidates for nomination receiving the lowest
number of votes which, but for said tie vote, would entitle a person receiving the same to have his name
printed on the official ballots for the election, all candidates participating in said tie vote shall have their
names printed on the official ballots, although in consequence thereof there be printed on such ballots the
names of candidates exceeding twice the number to be elected.
(d) Condition Making Preliminary Unnecessary - If at the expiration of time for filing statements of
candidates to be voted upon at any preliminary election not more than twice as many such statements have
been filed with the city clerk for an office as candidates are to be elected to such office, the candidates
whose statements have been filed with the city clerk shall be deemed to have been nominated to such
office, and their names shall be voted upon for such office at the succeeding general election, and the city
clerk shall not print their names on the ballots to be used at said preliminary election and no other
nomination to such office shall be made. If in consequence it shall appear that no names are to be printed
upon the official ballots to be used in any particular ward or wards of the city, no preliminary election shall
be held in such ward or wards.
SECTION 7-4: BALLOT POSITION, REGULAR CITY ELECTION
The order in which names of candidates appear on the ballot for each office shall be determined by a
drawing, by lot, conducted by the city clerk which shall be open to the public.
SECTION 7-5: WARDS
The territory of the city shall be divided into six wards so established as to consist of compact and
contiguous territory, bounded insofar as possible by the center line of known streets or ways or by other
well-defined limits. Each such ward shall be composed of voting precincts otherwise established in
accordance with general laws. The city council shall from time to time, but at least once in each ten years,
review such wards to insure their uniformity in number of inhabitants.
SECTION 7-6: APPLICATION OF STATE GENERAL LAWS
Except as expressly provided in this charter and authorized by law, all city elections shall be governed by
the laws of the commonwealth relating to the right to vote, the registration of voters, the nomination of
candidates, the conduct of preliminary, general and special elections, the submission of charters, charter
amendments and other propositions to the voters, the counting of votes, the recounting of votes, and the
determination of results.
SECTION 7-7: PETITIONS TO COUNCIL OR SCHOOL COMMITTEE
The city council or the school committee shall hold a public hearing and act with respect to every petition
which is addressed to it, which is signed by one hundred voters, or more, and which seeks the passage of a
measure. The hearing shall be held by the city council or the school committee, or, in either case, by a
committee or sub-committee thereof, and the action by the city council or the school committee shall be
taken not later than three months after the petition is filed with the clerk of the council or the secretary of
the school committee as may be appropriate. Hearings on two or more petitions filed under this section
may be held at the same time and place. The clerk of the council or the secretary of the school committee
shall mail notice of the hearing to the ten persons whose names appear first on the petition at least forty-
eight hours before the hearing. Notice, by publication, of all such hearings shall be at public expense.
SECTION 7-8: CITIZEN INITIATIVE MEASURES
(a) Commencement - Initiative procedures shall be started by the filing of an initiative petition with the
clerk of the council or the secretary of the school committee, as the case may be. The petition shall be
addressed to the city council or to the school committee, shall contain a request for the passage of a
particular measure which shall be set forth in full in the petition, and shall be signed by at least ten per cent
of the total number of voters as of the date of the most recent city election. Signatures to an initiative
petition need not all be on one paper, but all such papers pertaining to any one measure shall be fastened
together and shall be filed as a single instrument, with the endorsement thereon of the name and residence
address of the person designated as filing the same. With each signature on the petition there shall also
appear the street and number of the residence of each signer.
Within ten days following the filing of the petition, the board of registrars of voters shall ascertain by what
number of voters the petition has been signed, and what percentage that number is of the total number of
voters as of the date of the most recent city election. The city clerk shall attach to the petition a certificate
showing the results of their examination and shall return the petition to the clerk of the council or the
secretary of the school committee according to how the petition is addressed. A copy of the board of
registrars of voters certificate shall also be mailed to the person designated upon such petition as having
filed the same.
(b) Referral to City Solicitor. - If the board of registrars of voters determine that a petition has been
signed by a sufficient number of voters, the clerk of the council or the secretary of the school committee, as
the case may be, shall forthwith following receipt of such certificate deliver a copy of the petition to the
city solicitor. The city solicitor shall, within fifteen days following receipt of a copy of the petition, in
writing, advise the city council or the school committee, as may be appropriate, whether the measure as
proposed may lawfully be proposed by the initiative process and whether, in its present form it may be
lawfully adopted by the city council or the school committee. If the opinion of the city solicitor is that the
measure is not in proper form, the reply shall state the reasons for such opinion, in full. A copy of the
opinion of the city solicitor shall also be mailed to the person designated on the petition as having filed the
same.
(c) Action on Petitions - Within thirty days following the date a petition has been returned to the clerk
of the council or the secretary of the school committee by the city solicitor and after publication in
accordance with the provisions of section 2-9(c), the city council or the school committee shall act with
respect to each initiative petition by passing it without change, by passing a measure which is stated to be
in lieu of the initiative measure, or by rejecting it. The passage of a measure which is in lieu of an initiative
measure shall be deemed to be a rejection of the initiative measure. If the city council or the school
committee fails to act with respect to any initiative measure which is presented to it within thirty days
following the date it is returned to it by the city solicitor, the measure shall be deemed to have been rejected
on such thirtieth day. If an initiative measure is rejected, the clerk of the council or the secretary of the
school committee shall promptly give notice of that fact to the person designated on the petition as having
filed the same, by certified mail.
(d) Supplementary Petitions - Within forty-five days following the date an initiative petition has been
rejected, a supplemental initiative petition may be filed with the clerk of the council or the secretary of the
school committee. The supplemental initiative petition shall be signed by a number of additional voters
which is equal to five percent of the total number of voters as of the date of the most recent city election. If
the number of signatures to such supplemental petition is found to be sufficient by the city clerk, the city
council shall call a special election to be held on a date fixed by it not less than forty-five nor more than
ninety days following the date of the certificate of the city clerk that a sufficient number of voters have
signed the supplemental initiative petition and shall submit the proposed measure, without alteration, to the
voters for determination; provided, however, if any other city election is to be held within one hundred and
twenty days following the date of the said certificate, the city council may omit the calling of such special
election and cause said question to appear on the election ballot at such approaching election for
determination by the voters.
(e) Publication - The full text of any initiative measure which is submitted to the voters shall be
published in a local newspaper not less than seven nor more than fourteen days preceding the date of the
election at which such question is to be voted upon. Additional copies of the full text shall be available for
distribution to the public in the office of the city clerk.
(f) Form of Question - The ballots used when voting on a measure proposed by the voters under this
section shall contain a question in substantially the following form:
Shall the following measure which was proposed by voters in an initiative petition take effect?
(Here insert the full text of the proposed measure, or a fair, concise summary prepared by the petitioners,
and approved by the city solicitor)
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YES
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NO
(g) Time of Taking Effect - If a majority of the votes cast on the question is in the affirmative, the
measure shall be deemed to be effective forthwith, unless a later date is specified in such measure;
provided, however, that no such measure shall be deemed to be adopted if fewer than twenty percent of the
total number of voters have voted to adopt the measure proposed under the initiative or to rescind the
measure protested by the referendum.
SECTION 7-9: CITIZEN REFERENDUM PROCEDURES
(a) Petition, Effect on Final Vote - If, within twenty days following the date on which the city
council or the school committee has voted finally to approve of any measure a petition signed by a number
of voters equal to twelve percent of the total number of voters as of the date of the most recent general city
election and addressed to the city council, or to the school committee as may be, protesting against the
measure or any part thereof is filed with the secretary of the school committee or clerk of the council, the
effective date of such measure shall be temporarily suspended. The school committee or the city council
shall forthwith reconsider its vote on such measure or part thereof, and if such measure is not rescinded, the
city council shall provide for the submission of the question for a determination by the voters either at a
special election, which it may call at its convenience, or within such time as may be requested by the school
committee, or at the next regular city election, but pending such submission and determination, the effect of
such measure shall continue to be suspended.
(b) Certain Initiative Provisions to Apply - The petition described in this section shall be termed a
referendum petition and insofar as applicable Section 7-8 (a), (b), (e) and (f) shall apply to such referendum
petitions, except that the words “measure or part thereof protested against” shall be deemed to replace the
word “measure” in said sections wherever it may occur and the word “referendum” shall be deemed to
replace the word “initiative” wherever it may occur in said sections.
SECTION 7-10: INELIGIBLE MEASURES
None of the following shall be subject to the initiative or the referendum procedures: (1) proceedings
relating to the internal organization or operation of the city council or of the school committee, (2) an
emergency measure adopted in conformity with the charter, (3) the city budget or the school committee
budget as a whole, (4) revenue loan orders, (5) any appropriation for the payment of the city's debt or debt
service, (6) an appropriation of funds to implement a collective bargaining agreement, (7) proceedings
relating to the election, appointment, removal, discharge, employment, promotion, transfer, demotion, or
other personnel action, (8) any proceedings repealing or rescinding a measure or part thereof which is
protested by referendum procedures, and (9) any proceedings providing for the submission or referral to the
voters at an election.
SECTION 7-11: SUBMISSION OF OTHER MATTERS TO VOTERS
The city council may of its own motion, and shall at the request of the school committee if a measure
originates with that body and pertains to affairs under its jurisdiction, submit to the voters at any regular
city election for adoption or rejection any measure in the same manner and with the same force and effect
as are hereby provided for submission by petitions of voters.
SECTION 7-12: CONFLICTING PROVISIONS
If two or more measures passed at the same election contain conflicting provisions, only the one receiving
the greatest number of affirmative votes shall take effect.
SECTION 7-13: RECALL ELECTIONS
(a) Application - Any person holding an elected city office may be recalled from such office by the
voters in accordance with the procedures made available in this section.
(b) Recall Petition
(1) Office Elected by Voters at Large - Four hundred or more voters may file with the board of
registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of
the grounds for recall. The signatures on such affidavit shall contain the names of at least sixty voters in
each of the wards into which the city is divided for the purpose of elections.
(2) Office Elected by Voters by Ward - One hundred or more voters may file with the board of
registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of
the grounds for recall. The signatures on such affidavit shall contain the names only of voters in the ward
from which the officer was elected.
(3) At Large, or by Ward - If the affidavit is found to be valid, the city clerk shall thereupon
deliver to the first ten persons named on said affidavit, petition blanks demanding said recall, printed forms
of which shall be kept available. The blanks may be completed by printing or by typewriting; they shall be
addressed to the city council; they shall contain the names and residence addresses of the ten persons to
whom they are issued and they shall contain the grounds for recall as stated in the affidavit; they shall
demand the election of a successor to the office; and they shall be dated and signed by the city clerk.
The recall petitions shall be returned to the office of the board of registrars of voters within twenty-one
days following the date they are issued, signed by not less than twenty percent of the total number of voters
(of the ward or of the city as is appropriate) as of the date of the most recent city election.
The sheets constituting a petition need not all be filed at the same time. For the purposes of this section
such a petition shall be deemed filed whenever the persons responsible for its filing notify the board of
registrars of voters, in writing, that the filing is complete. Before receiving such notice, the board of
registrars of voters may, but shall not be required to, certify signatures on the sheets already filed.
The board of registrars of voters shall, within ten days following the date the petition forms are filed,
certify the number of signatures thereon which are the names of voters and the percentage that number
represents of the total number of voters as of the date of the most recent city election,
(c) Recall Election - If the petitions are certified by the board of registrars of voters to contain a
sufficient number of signatures, they shall forthwith submit the same, with their certificate, to the city
council. Upon receipt of the certified petition forms, the city council shall forthwith give written notice to
the officer whose recall is sought of the validity of such petitions. If the officer whose recall is sought does
not resign the office within five days following delivery of the said notice, or by leaving at the last known
place of residence, the city council shall order a special election to be held on a date fixed by it not less than
thirty-five days nor more than ninety days after the date of its notice to the officer whose recall is sought.
(d) Ballot Question - Ballots used at the recall election shall state the proposition in substantially the
following form: “Shall (insert name of officer) be recalled from the office of (insert name of office held)?”
-
YES
-
NO
(e) Officeholder - The person whose recall is sought shall continue to hold the office and to perform
the duties until the recall election. If a majority of the votes cast on the question as stated above is in the
affirmative, the officer shall be deemed to be recalled and the office shall be deemed to be vacant upon the
certification of the election results. If a majority of the votes cast on the said question is in the negative, the
person whose recall was sought shall continue in the office until the expiration of the term for which
elected, but subject to recall as provided in section (f), below.
(f) Restriction on Recall Petition - No recall petition shall be filed against any officer until at least
six months following the commencement of a term of office, nor, in the case of an officer subjected to a
recall election and not recalled thereby, during the remainder of the current term of office. A recall election
shall not be held if less than six months of the term of office of the person whose recall is sought remains at
the time of the certification of the petition forms.
(g) Filling of Vacancy - If the office of mayor is declared vacant as the result of a recall election, the
city council shall forthwith call a special election to be held on a date fixed by it not less than sixty nor
more than ninety days following the date of the recall election. The person elected at such special election
shall serve for the balance of the unexpired term remaining at the time of election.
Vacancies in any other office shall be filled in accordance with the procedures for filling the same as
provided in section 2-11 and section 4-1(f)
No person recalled from an office under the terms of this section shall be eligible to be a candidate to fill
any vacancy created by such recall.
ARTICLE 8
GENERAL PROVISIONS
SECTION 8-1: CHARTER CHANGES
(a) In General - This charter may be replaced, revised or amended in accordance with any procedure made
available under the state constitution, or by statutes enacted in accordance with the state constitution.
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(b) Periodic ReviewThe city council shall provide, in every year ending in a zero, for a review of the
charter by a special or standing committee of the council and four additional persons to be appointed by the
council president. The said committee shall file a report within the said year recommending any changes in
the charter which it may deem to be necessary or desirable.
SECTION 8-2: SEVERABILITY
Theprovisions of this charter are severable. If any provision of this charter is held invalid, the other
provisions shall not be affected thereby. If the application of this charter, or any of its provisions, to any
person or circumstance is held invalid, the application of this charter and its provisions to other persons and
circumstances shall not be affected thereby.
SECTION 8-3: SPECIFIC PROVISION TO PREVAIL
To the extent that any specific provision of this charter may conflict with any other provision expressed in
general terms, the specific provision shall prevail.
SECTION 8-4: RULES AND REGULATIONS
A copy of all rules and regulations adopted by city agencies shall be placed on file in the office of the city
clerk and shall be available for review by any person who requests such information at any reasonable time.
No rule or regulation adopted by any city agency shall become effective until seven days following the date
it is so filed.
SECTION 8-5: REVIEW OF ORDINANCES
The city council shall provide, in each year ending in a two or in a seven, for a review of all ordinances of
the city for the purpose of determining if any amendments or revisions may be necessary or desirable.
Such review shall be conducted under the supervision of the city counsel, or, if the city council so directs,
by special counsel appointed for that purpose. A report, with recommendations, shall be submitted within
the said year.
SECTION 8-6: UNIFORM PROCEDURES APPLICABLE TO MULTIPLE MEMBER BODIES
(a) Meetings - All multiple member bodies of the city shall meet regularly at such times and places as
they may, by their own rules, prescribe, unless some other provision is made by ordinance or by law.
Special meetings of any multiple member body shall be held on the call of the chairman or by one third of
the members thereof, by written notice delivered in hand or to the place of residence of each member and
which contains a list of the item or items to be acted upon. Except in case of an emergency, such notice
shall be delivered at least forty-eight hours in advance of the time set for such meeting. A copy of such
notice to members shall, forthwith, be posted upon the city bulletin board.
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(b) Rules and JournalsEach multiple member body shall determine its own rules and order of
business, unless otherwise provided by this charter, by law, or by ordinance, and shall provide for keeping
minutes of its proceedings. These rules and the minutes of meetings shall be public records, and certified
copies of them shall be kept available in the office of the city clerk. For the convenience of the public,
copies of these records shall also be kept at the Beverly Public Library, provided, however, such copies
kept at the public library are not to be construed in any way as being the official records.
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(c) VotingIf requested by any member, any vote of any multiple member body shall be taken by a
call of the roll and the vote of each member shall be recorded in the journal; provided, however, that if the
vote is unanimous only that fact need be recorded.
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(d) QuorumA majority of the members of a multiple member body shall constitute a quorum, but a
smaller number may meet and adjourn from time to time.
SECTION 8-7: NUMBER AND GENDER
Words importing the singular number may extend and be applied to several persons or things; words
importing the plural number may include the singular; and words importing the masculine gender shall
include the feminine gender.
SECTION 8-8: COMPUTATION OF TIME
In computing time under the charter, if seven days or less, “days” shall refer to secular days not including
Saturdays, Sundays or legal holidays. If more than seven days, every day shall be counted.
SECTION 8-9: REFERENCES TO GENERAL LAWS
All references to General Laws contained in the charter refer to the General Laws of the Commonwealth of
Massachusetts and are intended to refer to and to include any amendments or revisions to such chapters or
sections, or to the corresponding chapters and sections of any rearrangement, recodification, or revision of
such statutes enacted or adopted subsequent to the adoption of this charter.
SECTION 8-10: CERTIFICATE OF ELECTION OR APPOINTMENT
Every person who is elected, including those elected by the city council, or appointed to an office of the
city shall receive a certificate of such election or appointment from the city clerk.
Except as otherwise provided by law, before performing any act under an appointment or election, all such
persons shall take and subscribe to an oath of office and be sworn to the faithful performance of their
duties.
SECTION 8-11: OATH OF OFFICE OF MAYOR, COUNCILLORS, AND SCHOOL COMMITTEE MEMBERS
The mayor-elect, councillors-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. The oath may be administered to the members of the city council and
the school committee by the mayor, after the mayor has been duly sworn, or by any of the above named
officials. A certificate that said oath or oaths have been taken shall be entered in the journal of the city
council.
In case of the absence of the mayor-elect, or any member-elect of the city council or school committee on
said day, the oath of office may at any time thereafter be administered to such person who for any reasons
shall not have taken the oath on the day named. A certificate of each oath subsequently taken shall be
entered in the journal of the city council.
After the oath has been administered to the councillors present, they shall organize, with the member
elected at large receiving the highest number of votes at the preceding biennial city election, as president,
as provided in section 2-2. The president shall be sworn by the city clerk, or, in the case of the absence of
the city clerk, by any person qualified to take oaths or affirmations.
After the oath has been administered to the school committee members present, the committee shall
organize by choosing a school committee president, as provided in section 4-2. The president shall be
sworn by the city clerk, or, in the case of the absence of the city clerk, by any person qualified to take oaths
or affirmations.
SECTION 8-12: NOTICE OF VACANCIES
Whenever a vacancy shall occur in any city office or in the employment of the city, or, when by reason of a
retirement, or resignation, or the expiration of a fixed term, or otherwise a vacancy can be anticipated, the
mayor or other appointing authority shall forthwith cause public notice of such vacancy or impending
vacancy to be publicly posted on the city bulletin board for not less than ten days. Each such notice shall
contain a brief description of the duties of the office or position and shall indicate a list of necessary or
desirable qualifications for the office or position. Any person who desires to be considered for an
appointment to fill such vacancy may, within ten days following the date the notice is posted, or such
longer period as may be indicated in such announcement, file with the appointing authority a statement
setting forth with reasonable clarity and specificity, the qualifications of such person for such appointment.
No permanent appointment to fill any position shall be effective until at least fourteen days have elapsed
following such posting to permit the reasonable consideration of all such applicants. This section shall not
apply to positions covered under the civil service law and rules or if in conflict with the provisions of a
collective bargaining agreement.
SECTION 8-13: LOSS OF OFFICE, EXCESSIVE ABSENCE
If any person appointed to serve as a member of a multiple member body shall fail to attend three or more
consecutive meetings, or all of the meetings held during four calendar months, or one-half or more of all of
the meetings of such body held in one calendar year, the remaining members of the multiple member body
may, by a majority vote of their number, declare the office to be vacant, provided, however, that not less
than ten days prior to the date said vote is scheduled to be taken, the body has given in hand, or mailed,
postage prepaid, by registered or certified mail, return receipt requested, notice of such proposed or
pending vote to the last known address of the person whose removal is sought.
SECTION 8-14: FILLING OF VACANCIES
Whenever a vacancy shall occur in the membership of an appointed multiple member body, the remaining
members shall, forthwith, give written notice of such vacancy to the appointing authority. If, at the
expiration of thirty days following the delivery of such notice to the appointing authority, said appointing
authority has not appointed some person to fill the vacancy, the remaining members of the multiple
member body shall fill such vacancy for the remainder of any unexpired term by majority vote of its
remaining members.
SECTION 8-15: REMOVALS AND SUSPENSIONS
Any employee of the city, not a city officer or a department head (hereafter “such person”) and not subject
to the provisions of the civil service law, or covered by the terms of a collective bargaining agreement
which provides a different method, and whether appointed for a fixed or an indefinite term, may be
suspended or removed from office by the appointing authority for good cause. The term “cause” shall
include, but not be limited to the following: inefficiency, insubordination, conduct unbecoming the office
and incapacity, other than temporary illness.
Any such person may be suspended from office by the appointing authority if such action is deemed by the
appointing authority to be necessary to protect the interests of the city. However, no suspension shall be for
more than fifteen (15) days. Suspension may be coterminous with removal and shall not interfere with the
rights of the officer or employee under the removal procedure given below.
The appointing authority when removing any such person shall act in accordance with the following
procedure:
(a)
A written notice of the intent to remove and a statement of the cause or causes therefore shall be
delivered in hand or by certified mail to the last known address of the person sought to be removed.
(b)
Within five (5) days of delivery of such notice, the officer or employee of the city may request a public
hearing at which such person may be represented by counsel, shall be entitled to present evidence, call
witnesses and to question any witness appearing at the hearing.
(c)
Between one (1) and ten (10) days after the public hearing is adjourned, or if the officer or
employee of the city fails to request a public hearing, between six (6) and fifteen (15) days after delivery of
the notice of intent to remove, the appointing authority shall take final action, either removing such person,
or, notifying such person that the notice is rescinded. Failure of the appointing authority to take any action
within the time periods as stated in this section shall be deemed to be a rescission of the original notice and
the officer or employee shall, forthwith, be reinstated.
Nothing in this section shall be construed as granting a right to such a hearing to a person who has been
appointed for a fixed term when that term of office expires and such person is not reappointed for another
term of office.
ARTICLE 9
TRANSITIONAL PROVISIONS
SECTION 9-1: CONTINUATION OF EXISTING LAWS
Allgeneral laws, special laws, city ordinances, city council votes, and rules and regulations of or pertaining
to the city that are in force when this charter takes effect, and not specifically or by implication repealed
hereby, shall continue in full force and effect until amended or repealed, or rescinded by due course of law,
or until they expire by their own limitation.
SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION
All city agencies shall continue to perform their duties until re-elected, re-appointed, or until successors to
their respective positions are duly appointed or elected, or until their duties have been transferred and
assumed by another city agency.
SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY
All records, property and equipment whatsoever of any city agency, or part thereof, the powers and duties
of which are assigned in whole or in part to another city agency, shall be transferred forthwith to such
agency.
SECTION 9-4: CONTINUATION OF PERSONNEL
Any person holding a city office, or a position in the administrative service of the city, or any person
holding full time employment under the city, shall retain such office, or position, or employment, and shall
continue to perform the duties of such office, position or employment until provision shall have been made
for the performance of those duties by another person or agency; provided, however, no person in the
permanent full time service of the city shall forfeit his or her pay grade, or time in service of the city. All
such persons shall be retained in a capacity as similar to the capacity in which they were serving at the time
this charter is adopted as is practicable and any reduction in the personnel needs of the city shall be
accomplished through a policy of attrition, unless specific provision is otherwise made in this article.
SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC.
All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed by
or to the city before the adoption of this charter, and all taxes, assessments, fines, penalties, forfeitures,
incurred or imposed, due or owing to the city, shall be enforced and collected; and all writs, prosecutions,
actions and causes of action, except as herein otherwise provided, shall continue without abatement and
remain unaffected by the charter; and no legal act done by or in favor of the city shall be rendered invalid
by reason of the adoption of this charter.
SECTION 9-6: TIME OF TAKING EFFECT
The provisions of this charter shall take full effect following the inauguration of the mayor and the
organization of the city government on the first Monday in January in the year following the year in which
the charter is adopted, except as is hereinafter provided:
(a) The provisions of section 2-8(a) establishing the position of budget/management analyst under
the city council, the provisions of sections 5-4, 5-5, 5-6, 5-7 and 5-8 providing for the establishment,
consolidation and coordination of certain administrative functions, the provisions of section 6-8 providing
for a five year capital improvement program to be submitted by the mayor, the provisions of section 8-4
providing for copies of administrative rules and regulations to be filed in the office of the city clerk and the
provisions of section 8-10 providing for a certificate of election, or appointment, to be issued to certain city
officers shall not become fully effective until the first day of July in the year following the year in which
the charter is adopted.
(b) It is the intention of the charter that the procedures for budget preparation and budget review of
the annual operating budget for the city, established in article 6, shall insofar as possible be followed in the
year following the year in which the charter is adopted, recognizing however that full conformity might not
be possible until the second year following such adoption.
(c) The members of the school committee who have been chosen for terms of four years each shall
serve for the balance of the terms for which they were elected, but, their successors shall be chosen for
terms of two years each. If a vacancy shall occur in any such office for a period longer than two years, it
shall be filled as though the term to be filled had been for two years. When the terms of office of the two
school committee members at large expire, or otherwise become vacant, such offices shall be deemed
abolished and the committee structure shall thereafter be as established in section 4-1.
(d) While the mayor elected at the election at which this charter is adopted is not expected to file a
capital improvement plan with the city council in the first year of the term for which elected, the said
mayor shall be responsible, forthwith, to set into motion a procedure and a process for the development of a
five year capital improvement program which can be submitted in the second year of said term and
thereafter updated from year to year. In order to assist the mayor in this process a special commission shall
be established to consist of four persons chosen by the mayor and three persons chosen by the city council
to assist in the development of the initial capital improvement plan. Persons appointed to such commission
by the mayor, or council, may be incumbent city officers or employees or may be other voters, as may be
deemed appropriate.
(e) All persons currently serving in a city office or position by election of the city council, which
office under the charter is to be filled by some other method, shall continue to serve in such office until the
term for which they were chosen expires and until a successor to such office is chosen in accordance with
the charter and the powers, duties and responsibilities transferred or assigned to such other person.
(f) The authority of the mayor to make all appointments as provided in the first paragraph of
section 3-3 shall take effect as the terms of office of incumbent officials expire or vacancies in city
positions otherwise occur.
(g) The authority of the mayor to remove officers or department heads appointed by the mayor
contained in section 3-4, shall not become effective until the first Monday in January in the second year
following the year in which the charter is adopted and shall only apply to offices which have been
appointed by the mayor pursuant to the provisions of the first paragraph of section 3-3.
(h) The appointment making authority in the second paragraph of section 3-3 shall take effect for
each department head appointed by the mayor pursuant to the authority of the first paragraph of section 3-3
upon such appointment.
(I) The incumbent city auditor shall serve in such office until the last day of June in the year
following the year in which the charter is adopted, notwithstanding the date on which the term of the
incumbent would otherwise expire. The position of city auditor as it has heretofore existed and functioned
shall be abolished as of the first day of July in said year. The powers of the office of auditor associated with
auditing, including those described in sections fifty, fifty-one, fifty-three and fifty-four A of chapter forty-
one of the General Laws, shall be retained for the position of budget/management analyst appointed by the
city council. It is the intention of the charter that the day-to-day responsibilities presently performed by the
auditor, such as those described in section fifty-two of said chapter forty-one, are to be transferred and
assigned to a person in the department of municipal finance established by section 5-4, who shall be known
as the city accountant, and who shall have the powers of a town accountant as described in sections fifty-
six, fifty-seven, and fifty-eight of said chapter forty-one.
(j) Until such time as the following may be changed by an ordinance adopted by the city council
which amends, revises or repeals the same, the following shall have the force of a city ordinance.
(1) Salary of budget/management analyst. The annual salary of the budget/management
analyst appointed by the city council pursuant to charter section 2-8(a) shall initially be established at
twenty-five thousand dollars with a proviso that the amount provided for such office shall never be less
than one-half the amount provided for the office of finance director. The city council may, in lieu of
expending such sum as salary, expend the said sum as a consultant account paying the certified public
accountant, or firm of such accountants retained to provide the annual audit pursuant to section 6-9 from
such account to provide periodic oversight services to it throughout the fiscal year.
(2) Information to be given to newly appointed members of multiple member bodies. In
order that newly appointed members of multiple member bodies might have the opportunity to become
acquainted with the type and variety of matters which are likely to come before the multiple member body
during the term of appointment, the chair of each multiple member body shall, forthwith upon receipt of
notice of the appointment of a new member, provide such member with copies of the minutes of meetings
of the body for the two prior years and copies of all laws, ordinances, rules or regulations governing or
otherwise applicable to the office. The chair shall, within thirty days following receipt of notice of the
appointment, meet with the new member and provide such orientation to the duties of the office as may be
deemed necessary or desirable.
(k) Chapter 142 of the acts of 1936 and chapter 203 of the acts of 1938 placing, respectively, the
office of police chief and the office of fire chief under the civil service law and rules are hereby repealed,
each repeal to be effective upon the expiration of the period of service of the incumbents of the respective
offices. Nothing in this revocation of acceptance of the civil service law and rules shall in any way affect
any of the rights, privileges and obligations of either of said chiefs under the said civil service law and
rules. The successors to said officers shall however be appointed and shall hold their office without regard
to the civil service law and rules. It is the intention of the charter commission in making this provision that
every mayor shall make appointments to these offices on the basis of merit and fitness alone and that the
guiding principle shall always be to do that which is best for our city.
(l) Forthwith following the organization of the city government in January of the year following
the year in which the charter is adopted, the mayor shall appoint seven persons as a committee to review
the ordinances of the city for the purpose of preparing suggested revisions to bring the ordinances into
conformity with, and to fully implement the provisions of the charter. At least two such persons shall have
been members of the Beverly Charter Commission. The committee shall submit a report and
recommendations within one year following its appointment and may submit interim reports at any time
throughout the year. The committee shall give special early attention to revisions necessary to implement
the organizational structure contained in article 5 of the charter.
SECTION 9-7: DISPOSITION OF CERTAIN SPECIAL LAWS
(a) Certain Special Laws Recognized and Retained -- The following special acts are hereby especially
recognized and retained:
An act passed by the legislature of the Colony of Massachusetts Bay on November 7, 1668
(old style
providing, in part, That Basse River be henceforth a touneship of themselues... and that it be called
calendar),
Beverly. And an act passed on May 28, 1679 in which the Boundaries between Beverly,
(old style calendar)
Salem and Wenham are established and clarified. And An act passed by the legislature of the Province of
the Massachusetts Bay on September 13, 1753, entitled, AN ACT ,
FOR SETTING OFF THE INHABITANTSAS
, SB, -,
ALSO ESTATES OF THE PROPRIETORSOF THAT PART OF THE PRECINCT OF ALEM AND EVERLY SOCALLED
S, B. And an act passed by the legislature of the
WHICH IS PART OF ALEMTO THE TOWN OF EVERLY
Commonwealth of Massachusetts in 1857, Chapter 90, entitled, AN ACT
TO SET OFF A PART OF THE TOWN
B, D.
OF EVERLYAND ANNEX THE SAME TO THE TOWN OF ANVERS
-
(b) Certain Special Laws Recognized and Retained, in part -The following special acts which were
enacted for the purpose of enabling and authorizing the city to exercise certain powers or functions, which
prior to the enactment of article eighty-nine of the amendments to the state constitution may not otherwise
have been available to the city, are hereby recognized, so much of these acts which might grant a power to
the city which it otherwise might not have are hereby retained, but all such powers shall be exercised in a
manner consistent with the charter:
1885, Chapter 294 - AN ACT TB
TO FURNISH THE OWN OF EVERLY WITH WATER AND TO INCREASE THE
. 1927, Chapter 8 - AN ACT CB
SUPPLY THEREOFTO AUTHORIZE THE ITY OF EVERLY TO ESTABLISH A TRUST
. 1953, Chapter
FUND TO PROVIDE MEDICAL TREATMENT FOR THE PUBLIC SCHOOL CHILDREN OF SAID CITY
552 - AN ACT B
PROVIDING THAT THE CITY OF EVERLY MAY IMPROVE CERTAIN WATER COURSES FOR THE
. 1960, Chapter 113 - AN ACT
PROTECTION OF PUBLIC HEALTHAUTHORIZING THE ESTABLISHMENT OF A
CB
SEPARATE ACCOUNT IN THE TREASURY OF THE ITY OF EVERLY CONSISTING OF RECEIPTS OF ITS
RECREATION COMMISSION AND PROVIDING FOR EXPENDITURES THEREFROM WITHOUT FURTHER
. 1968, Chapter 313 - AN ACT CB
APPROPRIATIONAUTHORIZING THE ITY OF EVERLY TO REVOKE ITS
. 1969, Chapter 308 - AN ACT
ACCEPTANCE OF THE LAW APPLICABLE TO TENEMENT HOUSES IN CITIES
CB
AUTHORIZING THE ESTABLISHMENT OF A SEPARATE ACCOUNT IN THE TREASURY OF THE ITY OF EVERLY
CONSISTING OF RECEIPTS OF ITS YOUTH ACTIVITIES COMMISSION AND PROVIDING FOR EXPENDITURES
. 1974, Chapter 735 - AN ACT C
THEREFROM WITHOUT FURTHER APPROPRIATIONAUTHORIZING THE ITY OF
BGC. 1983
EVERLY TO ENTER INTO A CERTAIN CONTRACT WITH ORDON OLLEGE FOR SEWAGE DISPOSAL
Chapter 250 - AN ACT CB. 1986,
RELATIVE TO THE LICENSING AND KEEPING OF DOGS IN THE ITY OF EVERLY
Chapter 366 - AN ACT CB
FURTHER AUTHORIZING THE ITY OF EVERLY TO ENTER INTO A CERTAIN
GC. 1994, C30 - AN ACT
CONTRACT WITH ORDON OLLEGE FOR SEWAGE DISPOSALHAPTER AUTHORIZING
CB. 1994, Chapter
THE ITY OF EVERLY TO AMORTIZE THE REVENUE DEFICIT OVER A PERIOD OF THREE YEARS
228 - AN ACT CB to enter into a contract for the disposal of sewage.
AUTHORIZING THE ITY OF EVERLY
-
(c) Certain Obsolete Borrowing Authorizations, Repealed -The following special acts which
authorized the city to borrow certain sums of money, for certain purposes, are hereby recognized as
obsolete and are to stand repealed:
1874, Chapter 168 - AN ACT TB
TO AUTHORIZE THE OWN OF EVERLY TO ISSUE BONDS FOR THE PURPOSE OF
. 1881, Chapter 231 - AN ACT TB
FUNDING ITS DEBTTO AUTHORIZE THE OWN OF EVERLY TO REFUND ITS
. 1893, Chapter 250 - AN ACT B
INDEBTEDNESSTO AUTHORIZE THE TOWN OF EVERLY TO INCUR
,
INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAWFOR THE PURPOSE OF CONSTRUCTING A SYSTEM OF
. 1893, Chapter 259 - AN ACT B
SEWERAGETO AUTHORIZE THE TOWN OF EVERLY TO CANCEL CERTAIN OF
. 1894, Chapter 29 - AN ACT
ITS BONDS NOW HELD IN ITS SINKING FUNDTO AUTHORIZE THE TOWN OF
B. 1896, Chapter 271 - AN ACT
EVERLY TO ISSUE BONDS FOR THE PURPOSE OF FUNDING ITS WATER LOAN
B,
TO AUTHORIZE THE CITY OF EVERLY TO INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAWFOR PARK
. 1898, Chapter 398 - AN ACT ACB
PURPOSESTO UTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS
, . 1900, Chapter 288 - AN ACT AC
BEYOND ITS DEBT LIMITFOR SCHOOL PURPOSESTO UTHORIZE THE ITY OF
B,
EVERLY TO INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAWFOR THE PURPOSE OF CONSTRUCTING
. 1901, Chapter 475 - AN ACT ACB
A SYSTEM OF SEWERAGETO UTHORIZE THE ITY OF EVERLY TO INCUR
. 1902, Chapter 421 - AN ACT CB
INDEBTEDNESS FOR SCHOOL PURPOSESTO AUTHORIZE THE ITY OF EVERLY
. 1903, Chapter 182 - AN ACT AC
TO INCUR INDEBTEDNESS FOR SCHOOL PURPOSESTO UTHORIZE THE ITY OF
B, E
EVERLY TO INCUR INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAWFOR THE PURPOSE OF XTENDING ITS
. 1903, Chapter 183 - AN ACT ACB
SYSTEM OF SEWERAGETO UTHORIZE THE ITY OF EVERLY TO INCUR
, E
INDEBTEDNESS BEYOND THE LIMIT FIXED BY LAWFOR THE PURPOSE OF XTENDING ITS WATER SUPPLY
. 1903, Chapter 263 - AN ACT ACB
SYSTEMTO UTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS FOR
. 1905, Chapter 132 - AN ACT ACB
SCHOOL AND STREET PURPOSESTO UTHORIZE THE ITY OF EVERLY TO
, . 1905, Chapter 143 - AN ACT
INCUR INDEBTEDNESS BEYOND ITS DEBT LIMITFOR WATER SUPPLY PURPOSES
ACB,
TO UTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS BEYOND ITS DEBT LIMITFOR SCHOOL
. 1906, Chapter 110 - AN ACT ACB
PURPOSESTO UTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS
, . 1906, Chapter 388 - AN ACT
FOR SEWERAGE PURPOSESBEYOND THE STATUTORY LIMITTO DETERMINE
CB. 1913, Chapter 298 -
THE INDEBTEDNESS OF THE ITY OF EVERLY INCURRED FOR WATER SUPPLY PURPOSES
AN ACT CB. 1914, Chapter 321 - AN ACT
RELATIVE TO SEWER LOANS OF THE ITY OF EVERLYTO
CB
AUTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS FOR THE IMPROVEMENT OF ITS HARBOR AND
. 1914, Chapter 768 - AN ACT CB
SHORESTO AUTHORIZE THE ITY OF EVERLY TO INCUR INDEBTEDNESS FOR
. 1915, Chapter 266 - AN ACT C
THE PURPOSE OF RELAYING CERTAIN WATER MAINSTO AUTHORIZE THE ITY
B. 1921,
OF EVERLY TO INCUR INDEBTEDNESS FOR THE PURPOSE OF RELAYING CERTAIN WATER MAINS
Chapter 453 - AN ACT CB
AUTHORIZING THE ITY OF EVERLY TO INCUR INDEBTEDNESS FOR A HIGH SCHOOL
. 1948, C500 - AN ACT CB
BUILDINGHAPTER AUTHORIZING THE ITY OF EVERLY TO BORROW MONEY FOR
. 1949, C120 - AN ACT
FIRE STATION AND SIGNAL STATION BUILDING PURPOSESHAPTER AUTHORIZING THE
CB. 1950, C642 - AN ACT
ITY OF EVERLY TO BORROW MONEY FOR SCHOOL PURPOSESHAPTER
CB.
AUTHORIZING THE ITY OF EVERLY TO BORROW MONEY FOR SCHOOL PURPOSES
-
(d) Certain Other Obsolete Special Laws Repealed -The following special laws which were enacted
for special purposes and were limited in time by their own provisions are hereby recognized as obsolete and
are to stand repealed, but all acts taken under the authority of the said special laws is hereby preserved:
1910, Chapter 505 - AN ACT
TO CONFIRM CERTAIN PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF
B. 1912, Chapter 544 - AN ACT B
EVERLYTO AUTHORIZE THE CITY OF EVERLY TO DISCONTINUE THE USE
. 1914,
FOR PLAYGROUND PURPOSES OF A CERTAIN PARCEL OF LAND NEAR THE POOR FARM IN THAT CITY
Chapter 650 - AN ACT CBGO. O. 1920,
TO AUTHORIZE THE ITY OF EVERLY TO PENSION EORGE BEAR
Chapter 275 - AN ACT B
TO AUTHORIZE THE CITY OF EVERLY TO CONTRIBUTE A SUM OF MONEY TO THE
B. 1922, Chapter 87 - AN
FEDERAL GOVERNMENT TO BE USED IN THE IMPROVEMENT OF EVERLY HARBOR
ACT BP
AUTHORIZING THE CITY OF EVERLY TO PAY A SUM OF MONEY TO THE ESTATE OF ATRICK
G. 1922, Chapter 155 - AN ACT
ALLAGHER FOR TAXES ERRONEOUSLY ASSESSED AND COLLECTED
BJJ. F. 1923,
AUTHORIZING THE CITY OF EVERLY TO PAY A SUM OF MONEY TO THE WIDOW OF AMES AGAN
Chapter 356 - AN ACT CBWF. 1924,
AUTHORIZING THE ITY OF EVERLY TO PENSION ALTER ARNHAM
Chapter 125 - AN ACT CBNW. C. 1924,
AUTHORIZING THE ITY OF EVERLY TO PENSION ATHANIEL ORLISS
Chapter 333 -AN ACT B
AUTHORIZING THE CITY OF EVERLY TO PAY A SUM OF MONEY TO THE WIDOW OF
JJ. F. 1925, Chapter 275 - AN ACT B
AMES AGANAUTHORIZING THE CITY OF EVERLY TO APPROPRIATE
MONEY TO PROVIDE FACILITIES FOR HOLDING IN SAID CITY DURING THE CURRENT YEAR THE STATE
VFWUS. 1938, Chapter 375 - AN ACT
CONVENTION OF THE ETERANS OF OREIGN ARS OF THE NITED TATES
CB
TO AUTHORIZE THE ITY OF EVERLY TO REFUND CERTAIN TAXES ERRONEOUSLY ASSESSED UPON AND
AB. M. 1941, Chapter 469 - AN ACT CB
COLLECTED FROM LONZO ORSEAUTHORIZING THE ITY OF EVERLY
TO TAKE BY EMINENT DOMAIN FOR PUBLIC AIRPORT PURPOSES CERTAIN PROPERTY IN THE TOWN OF
D. 1943, Chapter 429 - AN ACT
ANVERSRELATING TO THE ACQUISITION OF CERTAIN PROPERTY BY THE
CB. 1946, Chapter 113 - AN ACT
ITY OF EVERLY FOR A PUBLIC PARKRELATIVE TO THE NUMBER OF
CB. 1951, Chapter 187 - AN ACT
MEMBERS OF THE RESERVE POLICE FORCE IN THE ITY OF EVERLY
CB
AUTHORIZING THE ITY OF EVERLY TO PAY A CERTAIN CLAIM LEGALLY UNENFORCEABLE BY REASON OF
. 1959, Chapter 162 - AN ACT
FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF ITS CITY CHARTER
VR
AUTHORIZING THE GRANTING OF A LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES TO ITTORI OCCI
P# 56 I-AWV1959, Chapter 204 - AN ACT
OST OF THE TALIANMERICAN AR ETERANS AUTHORIZING THE
CBWD, AP. H, BD. H,
ITY OF EVERLY TO PAY SUMS OF MONEY TO ILLIAM EVITTLICE USONAYARD USON
LLP, MAVCM. HC. C.
AWRENCE AOINTEARIE AND NTHONY ACCARO AND LIFFORD AND ENRIETTA AVERLY
1959, Chapter 434 - AN ACT CB
AUTHORIZING THE ITY OF EVERLY TO PAY A CERTAIN UNPAID BILL TO
M-EEC. 1962, Chapter 118 - AN ACT
ERRIMACKSSEX LECTRIC OMPANYPROVIDING LIFE TENURE FOR
GT. R, C
ORDON ICHARDSONINCUMBENT OF THE OFFICE OF COMMISSIONER OF PUBLIC WORKS OF THE ITY OF
B. 1963, C139 - AN ACT CB
EVERLYHAPTER AUTHORIZING THE ITY OF EVERLY TO ACQUIRE LAND AND TO
-.
CONSTRUCT AN OFFSTREET PARKING AREA AND TO BORROW MONEY FOR THE CONSTRUCTION THEREOF
1965, Chapter 588 - AN ACT WT. B,
PROVIDING FOR LIFE TENURE FOR ALTER ARNESINCUMBENT OF THE
CB. 1966, Chapter 568 - AN ACT
OFFICE OF CITY COLLECTOR OF THE ITY OF EVERLYAUTHORIZING THE
CB, , .
ITY OF EVERLY TO APPROPRIATE MONEY FOR THE PAYMENT OFAND TO PAYCERTAIN UNPAID BILLS
1967, Chapter 146 - AN ACT CB
AUTHORIZING THE ITY OF EVERLY TO PAY A CERTAIN UNPAID BILL TO
S’D, I. 1968, Chapter 571 - AN ACT
IDS ONUTSNCVALIDATING A CERTAIN BUILDING PERMIT ISSUED BY THE
CB. 1970, Chapter 624 - AN ACT CB
ITY OF EVERLYAUTHORIZING THE ITY OF EVERLY TO APPROPRIATE
, , . 1970, Chapter 661 - AN ACT
MONEY FOR THE PAYMENT OFAND TO PAYA CERTAIN UNPAID BILL
CB
AUTHORIZING THE ITY OF EVERLY TO APPROPRIATE MONEY FOR THE PAYMENT OF AND TO PAY A CERTAIN
. 1973, Chapter 196 - AN ACT B
UNPAID BILLAUTHORIZING THE CITY OF EVERLY TO APPROPRIATE AND PAY
MJ. F. 1973, Chapter 1139 - AN ACT C
A SUM OF MONEY TO ICHAEL RASCAAUTHORIZING THE ITY OF
BCB. 1974, Chapter 64 - AN ACT
EVERLY TO CONVEY CERTAIN LAND IN THE ITY OF EVERLYAUTHORIZING
CBCB. 1975, Chapter 423 - AN ACT
THE ITY OF EVERLY TO CONVEY CERTAIN LAND IN THE ITY OF EVERLY
CB. 1983, Chapter 493 - AN ACT
AUTHORIZING THE ITY OF EVERLY TO REDRAW ITS WARD LINES
CB
AUTHORIZING THE ITY OF EVERLY TO ACQUIRE EASEMENTS FOR THE CONSTRUCTION OF CERTAIN
. 1986, Chapter 533 - AN ACT
SEWERAGE FACILITIESAUTHORIZING THE ACQUISITION OF LAND IN THE
TWCB. 1989, Chapter 136 - AN ACT C
OWN OF ENHAM BY THE ITY OF EVERLYAUTHORIZING THE ITY OF
B.
EVERLY TO PAY CERTAIN RETROACTIVE COMPENSATION
-
(e) Certain Other Obsolete Special Laws Repealed -The following special laws which established
and amended the charter for the city of Beverly are hereby recognized as obsolete and are to stand repealed,
but all acts taken under the authority of the said special laws are hereby preserved:
1894, Chapter 161 - AN ACT CB. 1898, Chapter 319 - AN ACT
TO INCORPORATE THE ITY OF EVERLY
CB. 1910, Chapter 542 - AN ACT
RELATIVE TO STREETS AND HIGHWAYS IN THE ITY OF EVERLYTO REVISE
CB1911, Chapter 267 - AN ACT
THE CHARTER OF THE ITY OF EVERLY RELATIVE TO WIRES AND ELECTRIC
B. 1913, Chapter 398 - AN ACT
APPLIANCES IN THE CITY OF EVERLYRELATIVE TO PRINTING PROPOSALS
CB. 1913, Chapter 208 - AN ACT
FOR CONTRACTS WITH THE ITY OF EVERLYTO AUTHORIZE THE SCHOOL
CB. 1915, Chapter
COMMITTEE OF THE ITY OF EVERLY TO APPOINT THE SCHOOL PHYSICIANS FOR THAT CITY
72 - AN ACT CB
TO AUTHORIZE THE ITY OF EVERLY TO PAY PERMANENT MEN IN THE FIRE DEPARTMENT
. 1915, Chapter 141 - AN ACT CB
THREE DOLLARS A DAYTO AUTHORIZE THE ITY OF EVERLY TO PAY
. 1919, Chapter 75 - AN ACT
SALARIES TO THE MEMBERS OF ITS BOARD OF ALDERMENRELATIVE TO THE
CB. 1920, Chapter 26
PAYMENT OF SALARIES IN THE POLICE AND FIRE DEPARTMENTS OF THE ITY OF EVERLY
- AN ACT C
RELATIVE TO THE SALARIES OF THE MAYOR AND OTHER PUBLIC OFFICERS OF THE ITY OF
B. 1921, Chapter 9 - AN ACT CB
EVERLYAUTHORIZING THE ITY OF EVERLY TO COMPENSATE THE MEMBERS
. 1922, Chapter 140 - AN ACT
OF ITS BOARD OF ALDERMENPROVIDING FOR A PRELIMINARY ELECTION FOR
CB. 1927, Chapter 279 - AN ACT
THE CHOICE OF MUNICIPAL OFFICERS IN THE ITY OF EVERLYAUTHORIZING
CB. 1934, Chapter 159 -
THE ITY OF EVERLY TO COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
AN ACT CBB
AUTHORIZING THE ITY OF EVERLY TO COMPENSATE THE MEMBERS OF ITS OARD OF
A. 1936, Chapter 29 - AN ACT C
LDERMENESTABLISHING BIENNIAL MUNICIPAL ELECTIONS IN THE ITY OF
B. 1936, Chapter 46 - AN ACT
EVERLY AND MAKING CERTAIN OTHER CHARTER CHANGESAUTHORIZING THE
CBBA. 1939, Chapter 135 - AN
ITY OF EVERLY TO COMPENSATE THE MEMBERS OF ITS OARD OF LDERMEN
ACT CB.
AUTHORIZING THE ITY OF EVERLY TO COMPENSATE THE MEMBERS OF ITS BOARD OF ALDERMEN
1941, Chapter 223 - AN ACT CB
AUTHORIZING THE ITY OF EVERLY TO COMPENSATE THE MEMBERS OF ITS
BA. 1943, Chapter 112 - AN ACT
OARD OF LDERMENPROVIDING FOR THE HOLDING OF BIENNIAL
CB-
MUNICIPAL ELECTIONS IN THE ITY OF EVERLY IN ODDNUMBERED YEARS AND ESTABLISHING THE DATE OF
. 1943, Chapter 198 - AN ACT CB
SAID ELECTIONSAUTHORIZING THE ITY OF EVERLY TO COMPENSATE THE
BA. 1945, Chapter 144 - AN ACT
MEMBERS OF ITS OARD OF LDERMENRELATIVE TO THE POLLING HOURS AT
CB. 1947, Chapter 162 - AN ACT CB
ELECTIONS IN THE ITY OF EVERLYAUTHORIZING THE ITY OF EVERLY
BA. 1951, Chapter 238 - AN
TO INCREASE THE COMPENSATION OF THE MEMBERS OF ITS OARD OF LDERMEN
ACT CB-
PROVIDING FOR THE HOLDING OF BIENNIAL MUNICIPAL ELECTIONS IN THE ITY OF EVERLY IN ODD
. 1952, Chapter 236. - AN ACT
NUMBERED YEARS AND ESTABLISHING THE DATE OF SAID ELECTIONS
CB. 1952, Chapter 336.-
CREATING A DEVELOPMENT AND INDUSTRIAL COMMISSION IN THE ITY OF EVERLY
.AN ACT CB
AUTHORIZING THE ITY OF EVERLY TO INCREASE THE COMPENSATION OF THE MEMBERS OF ITS
BA. 1953, Chapter 95 - AN ACT
OARD OF LDERMENRELATIVE TO ADDITIONS TO OR ALTERATIONS OF
CB. 1954, Chapter 602 - .AN ACT
CERTAIN BUILDINGS IN THE ITY OF EVERLYRELATIVE TO THE ELECTION
CB. 1955, Chapter 478 - AN
OF CERTAIN OFFICIALS IN THE ITY OF EVERLY BY THE BOARD OF ALDERMEN
ACT CB.
RELATIVE TO THE SALARIES OF THE MAYOR AND BOARD OF ALDERMEN OF THE ITY OF EVERLY
1957, Chapter 133 - AN ACT C
PROVIDING THAT CERTAIN MEMBERS OF THE SCHOOL COMMITTEE IN THE ITY
B. 1960, C155 - AN ACT
OF EVERLY BE ELECTED BY WARDSHAPTER PROVIDING FOR THE INITIATIVE AND
CB. 1962, Chapter 112 - AN ACT
REFERENDUM FOR THE ITY OF EVERLYCHANGING THE DATE OF BIENNIAL
CB. 1969, Chapter 74 - AN ACT
MUNICIPAL ELECTIONS IN THE ITY OF EVERLYRELATIVE TO THE
AWARDING OF CONTRACTS FOR THE PURCHASE OF MATERIALS AND SUPPLIES OR FOR LABOR TO BE
, CB.
FURNISHED EXCEPT LABOR TO BE RENDERED IN PERSONWITHOUT ADVERTISING IN THE ITY OF EVERLY
1993, Chapter 230 - AN ACT CB. 1993, Chapter 330 -
RELATIVE TO THE CHARTER OF THE ITY OF EVERLY
AN ACT CB.
RELATIVE TO THE OFFICE OF CITY COUNCILOR IN THE ITY OF EVERLY