Mass. Gen. Laws ch. 43, sec. 89 — MA Code / Part I / Title VII / Chapter 43 / Section 89
City manager; qualifications; tenure; compensation; removal
Status: in_force

Section 89. The city council shall appoint a city manager who shall be the chief administrative officer of the city and shall be responsible for the administration of all departments, commissions, boards and offices of the city, whether established before its adoption of this plan or thereafter, except that of the city clerk, city auditor, any official appointed by the governor or anybody elected by the voters of the city. He shall be appointed on the basis of his administrative and executive qualifications only, and need not be a resident of the city or the commonwealth when appointed. He shall hold office during the pleasure of the city council and shall receive such compensation as it shall fix by ordinance, but not exceeding ten thousand dollars annually in cities having a population of less than one hundred thousand or twenty thousand dollars annually in cities having a population of one hundred thousand or more. No member of the city council shall during his term of office be chosen as city manager, and no person who has within two years been elected to or served in any elective office in the city or in the county in which the city is located or in the commonwealth shall be chosen as city manager. The city manager may be removed for cause by the city council, by a two thirds vote to be taken by a call of the yeas and nays entered upon the records of the council, but he shall, prior to his removal, upon his request, be given a written statement of the reasons alleged for his removal and shall have the right to be heard publicly thereon at a meeting of the city council prior to the final vote on the question of his removal, but pending and during such hearing the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the city council. In case of the absence, disability or suspension of the city manager, the city council shall designate the head of some department to perform the duties of city manager during such absence, disability or suspension, and, in case the office of city manager becomes vacant, the city council shall designate the head of some department to serve as acting city manager until a new city manager is appointed.

Section 89. The city council shall appoint a city manager who shall be the chief administrative officer of the city and shall be responsible for the administration of all departments, commissions, boards and offices of the city, whether established before its adoption of this plan or thereafter, except that of the city clerk, city auditor, any official appointed by the governor or anybody elected by the voters of the city. He shall be appointed on the basis of his administrative and executive qualifications only, and need not be a resident of the city or the commonwealth when appointed. He shall hold office during the pleasure of the city council and shall receive such compensation as it shall fix by ordinance, but not exceeding ten thousand dollars annually in cities having a population of less than one hundred thousand or twenty thousand dollars annually in cities having a population of one hundred thousand or more. No member of the city council shall during his term of office be chosen as city manager, and no person who has within two years been elected to or served in any elective office in the city or in the county in which the city is located or in the commonwealth shall be chosen as city manager.

The city manager may be removed for cause by the city council, by a two thirds vote to be taken by a call of the yeas and nays entered upon the records of the council, but he shall, prior to his removal, upon his request, be given a written statement of the reasons alleged for his removal and shall have the right to be heard publicly thereon at a meeting of the city council prior to the final vote on the question of his removal, but pending and during such hearing the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the city council. In case of the absence, disability or suspension of the city manager, the city council shall designate the head of some department to perform the duties of city manager during such absence, disability or suspension, and, in case the office of city manager becomes vacant, the city council shall designate the head of some department to serve as acting city manager until a new city manager is appointed.