reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 42 - Referendum Petition; Effect on Final Passage

Section 42. If, within twenty days after the final passage of any measure, except a revenue loan order, by the city council or by the school committee, a petition signed by registered voters of the city, equal in number to at least twelve percent of the total number of registered voters, and addressed to the city council or to the school committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the city clerk, the same shall thereupon and thereby be suspended from taking effect; and the city council or the school committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded within twenty days after the date of the certificate of the registrars, the city clerk shall submit the same, by the method herein provided, to a vote of the registered voters of the city, either at the next regular city election not less than thirty days after said twentieth day, or at a special election which the city council may, in its discretion, call for the purpose, and such measure or part thereof shall forthwith become null and void unless a majority of the registered voters voting on the same at such election vote in favor thereof.
The petition described in this section shall be termed a referendum petition and section thirty-eight shall apply to the procedure in respect thereto, except that the words ''measure or part thereof protested against'' shall for this purpose be understood to replace ''measure'' in said section wherever it may occur, and ''referendum'' shall be understood to replace the word ''initiative'' in said section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 43 - Submission of Proposed Measure to Voters

Section 43. The city council may, of its own motion, and shall, upon request of the school committee if a measure originates with that committee and pertains to the affairs under its administration, submit to a vote of the registered voters of the city for adoption or rejection at a general or special city election any proposed measure, or a proposition for the repeal or amendment of any measure, in the same manner and with the same force and effect as are hereby provided for submission on petition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44a - Preliminary Elections; Contents of Notices

Section 44A. In every city, governed on September first, nineteen hundred and twenty-two, by any plan provided by this chapter, which accepts sections forty-four A to forty-four G, inclusive, in the manner provided by section forty-four H, and in every city, except Boston, which, after said date adopts any such plan, except Plan E or F, in the manner provided in this chapter, the provisions of sections forty-four A to forty-four G, inclusive, shall apply. In such a city, on the fourth Tuesday preceding every regular or special city election, unless the mayor and aldermen fix an earlier day under section one hundred and three P of chapter fifty-four, there shall be held, except as otherwise provided in section forty-four G, a preliminary election for the purpose of nominating candidates therefor, and section sixteen shall not apply.
Notices or warrants for regular, preliminary and special elections shall specify by name all the offices to be voted for and state, in the form in which it will appear upon the ballot, any question submitted to the voters. They shall specify the time when the polls will be opened and when the polls will be closed. The polls at such elections shall be open during such hours as the city council may prescribe; provided, that they shall be opened not earlier than fifteen minutes before six o'clock in the forenoon nor later than ten o'clock in the forenoon and shall be kept open at least six hours, but in no event later than eight o'clock in the evening. The ballots to be used at such elections shall be governed by the provisions of section forty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44b - Inclusion of Name on Ballot; Prerequisites

Section 44B. Except as otherwise provided in section forty-four G, there shall not be printed on the official ballot to be used at any regular or special election the name of any person as a candidate for any office unless such person has been nominated as such at a preliminary election for nomination, held as provided in sections forty-four A to forty-four G, inclusive. There shall not be printed on the official ballot for use at such preliminary election the name of any candidate for nomination at such election, unless he shall have filed, within the time limited by section forty-four C, the statement and petition therein described.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44c - Candidates for Nomination; Qualifications; Statement and Petition

Section 44C. Any person who is qualified to vote for a candidate for any elective municipal office and who is a candidate for nomination thereto, shall be entitled to have his name as such candidate printed on the official ballot to be used at a preliminary election; provided, that within the time prescribed by section ten of chapter fifty-three in the case of preliminary elections in cities he shall file with the city clerk a statement in writing of his candidacy, and with it the petition of at least fifty voters, qualified to vote for a candidate for the said office. Said statement and petition shall be in substantially the following form:—
Statement of Candidate
I ( ), on oath declare that I reside at (number if any) on (name of street) in the city of   ; that I am a voter therein, qualified to vote for a candidate for the hereinafter mentioned office; that I am a candidate for the office of (name of office) for (state the term) to be vote for at the preliminary election to be held on Tuesday, the   day of   , nineteen hundred and   , and I request that my name be printed as such candidate on the official ballot for use at said preliminary election.
(Signed)
Commonwealth of Massachusetts,   ss.
Subscribed and sworn to on this   day of  , nineteen hundred and before me,
(Signed)
Justice of the Peace,
or (Notary Public).
Petition Accompanying Statement of Candidate
Whereas (name of candidate) is a candidate for nomination for the office of (state the office) for (state the term), we, the undersigned, voters of the city of   , duly qualified to vote for a candidate for said office, do hereby request that the name of said (name of candidate) as a candidate for nomination for said office be printed on the official ballot to be used at the preliminary election to be held on the   Tuesday of   , nineteen hundred and   .
We further state that we believe him to be of good moral character and qualified to perform the duties of the office.
No acceptance by the candidate for nomination named in the said petition shall be necessary to its validity or its filing, and the petition, which may be on one or more papers, need not be sworn to.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44d - Official Ballot; Posting Lists of Candidates; Drawing for Position on Ballot

Section 44D. On the first day, other than Sunday or a legal holiday, following the expiration of the time for filing the above described statement and petition, the city clerk shall post in a conspicuous place in the city hall the names and residences of the candidates for nomination who have duly qualified as candidates for nomination, as they are to appear on the official ballots to be used at the preliminary election, except as to the order of the names, and shall cause the ballots which shall contain said names, in their order as drawn by the clerk, and no others, with a designation of residence, and of the office and term of service, to be printed, and the ballots so printed shall be official and no others shall be used at the preliminary election. In drawing for position on the ballot the candidates shall have an opportunity to be present in person or by one representative each. Blank spaces shall be left at the end of each list of candidates for nomination for the different offices equal to the number to be nominated therefor, in which the voter may insert the name of any person not printed on the ballot for whom he desires to vote for nomination for such office. There shall be printed on such ballots such directions as will aid the voter, as, for example: ''vote for one'', ''vote for two'', and the like, and the ballots shall be headed as follows:—
Official Preliminary Ballot
Candidates for nomination for the offices of ( ) in the city of at a preliminary election to be held on the day of in the year nineteen hundred and .
(The heading shall be varied in accordance with the offices for which nominations are to be made.)
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44e - Counting Ballots; Canvass of Returns

Section 44E. The election officers shall, immediately upon the closing of the polls at preliminary elections, count the ballots and ascertain the number of votes cast in the several voting places for each candidate, and forthwith make return thereof upon blanks to be furnished, as in regular elections, to the city clerk who shall canvass said returns and shall forthwith determine the result thereof, insert the same in one or more newspapers published in the city, and post the same in a conspicuous place in the city hall.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44f - Determination of Candidates for Election

Section 44F. The two persons receiving at a preliminary election the highest number of votes for nomination for an office shall, except as provided by section forty-four G, be the sole candidates for that office whose names may be printed on the official ballot to be used at the regular or special election at which such office is to be filled, and no acceptance of a nomination at a preliminary election shall be necessary to its validity; provided, however, that a person nominated at a preliminary election may withdraw his name from nomination by a request signed and duly acknowledged by him and filed with the city or town clerk within six days succeeding five o'clock in the afternoon of the day of holding such preliminary election. Such nominee shall be replaced by the candidate with the next highest number of votes in said preliminary, unless otherwise provided by the charter or by-laws of the city or town.
If two or more persons are to be elected to the same office at such regular or special 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, except as provided by section forty-four G, be the sole candidates for that office whose names may be printed on the official ballot.
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 upon the official ballot for the election, all candidates participating in said tie vote shall have their names printed upon the official ballot, although in consequence there be printed thereon candidates to a number exceeding twice the number to be elected.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44g - Nomination of Candidates; Conditions Making Preliminary Election Unnecessary

Section 44G. If at the expiration of the time for filing statements of candidates to be voted for at any preliminary election not more than twice as many such statements have been filed with the city clerk for an office as are to be elected to such office, the candidates whose statements have thus been filed shall be deemed to have been nominated to said office, and their names shall be voted on for such office at the succeeding regular or special election, as the case may be, and the city clerk shall not print said names upon the ballot to be used at said preliminary election and no other nomination to said office shall be made. If in consequence it shall appear that no names are to be printed upon the official ballot to be used at any preliminary election in any ward or wards of the city, no preliminary election shall be held in any such ward or wards.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 44h - Acceptance of Sections Dealing With Preliminary Elections; Submission to Electorate

Section 44H. If, in a city governed on September first, nineteen hundred and twenty-two, by one of the plans provided by this chapter, there is filed with the city clerk, not later than one month before a regular city election, a petition conforming so far as possible to the provisions of sections eight and nine, requesting that such city accept the provisions of sections forty-four A to forty-four G, inclusive, and bearing the signatures of registered voters thereof, duly certified by the registrars of voters, to a number equal to at least ten per cent of the registered voters thereof at the biennial state election next preceding such filing, the following question shall be placed upon the official ballot to be used in such city at the next regular city election:—''Shall sections forty-four A to forty-four G, inclusive, of chapter forty-three of the General Laws, relative to the nomination by preliminary elections of candidates for elective municipal offices in cities governed under a standard form of city charter, be accepted by the city of ?'' If a majority of the voters voting thereon in such city vote in the affirmative, said sections shall take effect therein.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 45 - Provisions Applicable to Adoption of Any Governmental Plan

Section 45. Sections one to forty-four G, inclusive, shall, upon the adoption by any city of any of the plans hereinafter set forth, apply to the plan so adopted, except as is otherwise provided in such plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 48 - Mayor as Chief Executive Officer; Term of Office

Section 48. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday of January following his election, and until his successor is qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 49 - Party Designations on Ballots Prohibited

Section 49. No ballot used at any annual, biennial or special city election shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything showing how he was nominated or indicating his views or opinions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 50 - City Council; Number; Election; Tenure

Section 50. The legislative powers of the city shall be vested in a city council, consisting of nine persons, elected at large by and from the qualified voters of the city. One of its members shall be elected by the council annually as its president. At the first election held in a city after its adoption of Plan A, except as otherwise provided in this section, the five candidates receiving the largest number of votes shall hold office for two years, and the four receiving the next largest number of votes shall hold office for one year. Thereafter, as these terms expire, there shall be elected at each annual city election a sufficient number of members to fill the vacancies created by the expiration of said terms, each member so elected to serve for two years.
If the plan adopted provides for elections to be held biennially, at the first regular municipal election held under the provisions of such plan and at each biennial election thereafter, there shall be elected nine members of the city council to serve for two years from the first day of January following their election and until their successors are qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 52 - Appointments of Employees by Mayor Without Confirmation

Section 52. Upon the adoption of Plan A, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by vote of the people, as their terms of office expire, shall be appointed by the mayor without confirmation by the city council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 53 - Certificate of Appointment

Section 53. In making his appointments the mayor shall sign and file with the city clerk a certificate in the following form:
Certificate of Appointment
I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion he is a recognized expert in the work which will devolve upon him, and that I make the appointment solely in the interest of the city.
Mayor.
or in the following form, as the case may be:
Certificate of Appointment
I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion he is a person specially fitted by education, training or experience to perform the duties of said office, and that I make the appointment solely in the interest of the city.
Mayor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 54 - Removal of Officials; Exceptions

Section 54. The mayor may remove the head of a department or member of a board by filing a written statement with the city clerk setting forth in detail the specific reasons therefor, a copy of which shall be delivered or mailed to the person thus removed, who may make a written reply, which, if he desires, may be filed with the city clerk; but such reply shall not affect the action taken unless the mayor so determines. This section shall not apply to the school committee, or to officials appointed by the governor, or to assessors if elected by the people.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 55 - Approval or Veto by Mayor of Orders, Ordinances, etc.; Overriding Veto

Section 55. Every order, ordinance, resolution and vote relative to the affairs of the city, adopted or passed by the city council, shall be presented to the mayor for his approval. If he approves it he shall sign it; if he disapproves it he shall return it, with his written objections, to the city council, which shall enter the objections at large on its records, and again consider it. If the city council, notwithstanding such disapproval of the mayor, shall again pass such order, ordinance, resolution or vote by a two thirds vote of all its members, it shall then be in force, but such vote shall not be taken for seven days after its return to the city council. Every such order, ordinance, resolution and vote shall be in force if not returned by the mayor within ten days after it has been presented to him. This section shall not apply to budgets submitted under section thirty-two of chapter forty-four or to appropriations by a city council under section thirty-three of said chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 58 - Mayor as Chief Executive Officer; Election; Tenure

Section 58. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday in January following his election and until his successor is qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 59 - City Council; Number; Election; Tenure

Section 59. The legislative powers of the city shall be vested in a city council. One of its members shall be elected by the council annually as its president. In cities having more than seven wards, the city council shall be composed of fifteen members, of whom one shall be elected from each ward by and from the qualified voters of that ward, and the remaining members shall be elected by and from the qualified voters of the city. In cities having seven wards or less, the city council shall be composed of eleven members, of whom one shall be elected from each ward by and from the qualified voters of that ward, and the remaining members shall be elected by and from the qualified voters of the city.
At the first regular municipal election held in a city after its adoption of Plan B, except as otherwise provided in this section, the councillors elected from each ward shall be elected to serve for one year, and those elected at large shall be elected to serve for two years, from the first Monday in January following their election and until their successors are qualified; and at each regular municipal election thereafter the councillors elected to fill vacancies caused by the expiration of the terms of councillors shall be elected to serve for two years.
If the plan adopted provides for elections to be held biennially, at the first regular municipal election held under the provisions of such plan and at each biennial election thereafter, all the councillors whether elected at large or by wards shall be elected to serve for two years from the first day of January following their election and until their successors are qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 59a - Vacancies in Office of Mayor and Council; Procedure for Filling

Section 59A. If a vacancy occurs in the office of mayor by death, removal or resignation at any time during the first year of the term ending December thirty-first, the city clerk shall forthwith order an election to fill such vacancy for the remainder of the unexpired term.
If a vacancy occurs during the second year of the term beginning January first, a meeting of the city council shall be called by the city clerk and the city council shall elect by majority vote one of its members as mayor for the remainder of the unexpired term. If the city council fails so to elect at said meeting or within thirty days thereafter, the president of the city council shall become acting mayor, shall exercise all the rights and powers of mayor and shall be sworn to the faithful discharge of his duties.
If a vacancy occurs at any time in the office of a councillor elected by and from the qualified voters of the city, such vacancy shall be filled forthwith by a majority vote of all the remaining members of the city council for the remainder of the unexpired term.
If a vacancy occurs, before the last six months of the term, in the office of a councillor elected by and from the voters of a ward, the city council shall forthwith order an election to fill such vacancy for the remainder of the unexpired term.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 60 - Appointments by Mayor Subject to Confirmation; Exceptions

Section 60. Upon the adoption of Plan B, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by the people, as their terms of office expire, shall be appointed by the mayor, subject to confirmation by the city council; but the city solicitor shall be appointed, and may be removed, by the mayor, without confirmation by the city council. This section shall apply to the city solicitor in office when Plan B becomes operative.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 61 - Removals

Section 61. The mayor may, with the approval of a majority of the members of the city council, remove the head of a department or member of a board before the expiration of his term of office, except members of the school committee, officials appointed by the governor, and assessors if elected by the people. The person so removed shall receive a copy of the reasons for his removal, and he may, if he desires, contest the same before the city council. He may be represented by counsel at the hearing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 66 - City Council; Powers and Duties

Section 66. The government of the city and the general management and control of all of its affairs shall be vested in a city council, which shall be elected and shall exercise its powers in the manner hereinafter set forth; except that the general management and control of the public schools of the city and of the property pertaining thereto shall be vested in the school committee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 67 - Membership; Duties of Individual Commissioners; Tenure

Section 67. The city council shall consist of the following five members: a mayor, who shall be the commissioner of administration; a commissioner of finance; a commissioner of health; a commissioner of public works and a commissioner of public property. Each commissioner shall have charge of the department of city affairs indicated by his official title, except as to the affairs and property of the city which are within the jurisdiction of the school committee. All of these officers shall be elected by and from the qualified voters of the whole city for terms of two years, except as hereinafter provided.
In case of a difference of opinion as to the departments to be in charge of any one or more of the commissioners, the matter shall be determined by vote of a majority of all the commissioners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 68 - Terms of Office

Section 68. The terms of office of the members of the council shall commence at ten o'clock in the forenoon of the first Monday in January following their election and shall be for two years each, and until their successors are qualified; provided, that, if the plan adopted provides for elections to be held annually, the terms of office of the commissioner of administration, of the commissioner of finance and of the commissioner of health elected at the first regular election held under such plan shall be for two years, and the terms of office of the commissioner of public works and of the commissioner of public property so elected shall be for one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 69 - Organization; Oath of Office

Section 69. The city council elected as aforesaid shall meet at ten o'clock in the forenoon on the first Monday of January in each year, and the members of the city council whose terms of office then begin shall severally make oath, before the city clerk or a justice of the peace, to perform faithfully the duties of their respective offices. The city council shall thereupon be organized by the choice of a president, who shall hold his office during the pleasure of the city council. The president of the city council shall be any member thereof, except the mayor. The organization of the city council shall take place as aforesaid, notwithstanding the absence, death, refusal to serve, or non-election of the mayor or of one or more of the four other members; provided, that at least three of the persons entitled to be members of the city council are present and make oath as aforesaid. Any member-elect, not present at the time fixed therefor, may make oath at any time thereafter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 70 - Meetings

Section 70. The city council shall fix suitable times for regular meetings. The mayor, the president of the city council or any two members thereof may at any time call a special meeting by causing a written notice, stating the time of holding such meeting and signed by the person calling the same, to be delivered in hand to each member, or left at his usual dwelling place, at least six hours before the time of such meeting. Meetings of the city council may also be held at any time when all the members of the council are present and consent thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 71 - Quorum; Open and Public Meetings; Duties of City Clerk; Method of Voting

Section 71. A majority of the members of the city council shall constitute a quorum. Except as otherwise authorized by section twenty-three A of chapter thirty-nine, all meetings of the city council shall be public; and the mayor, if present, shall preside and may vote. In the absence of the mayor the president of the city council shall preside, and in the absence of both, a temporary chairman shall be chosen. The city clerk shall be, ex officio, clerk of the city council, and shall keep records of its proceedings; but in case of his temporary absence, or of a vacancy in the office, the city council may elect by ballot a temporary clerk, who shall be sworn to the faithful discharge of his duties and may act as clerk of the city council until a city clerk is qualified. All final votes of the city council involving the expenditure of fifty dollars or more shall be by yeas and nays and be entered upon the records. On the request of one member any vote shall be by yeas and nays and be entered upon the records. The affirmative vote of at least three members shall be necessary for the passage of any order, ordinance, resolution or vote.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 72 - Powers and Duties

Section 72. The city council shall have and exercise all the legislative powers of the city, except as such powers are reserved to the school committee and to the qualified voters of the city herein and in sections one to forty-five, inclusive, and the city council and its members shall, severally or collectively, have and possess, and shall themselves or through such officers as they may elect or appoint, exercise all the other powers, rights and duties had, possessed or exercised, immediately prior to the adoption of this plan, by the mayor, board of aldermen, common council, and all other boards, commissions and committees of the city and their members, severally or collectively, except such as are in sections one to forty-five, inclusive, conferred upon the school committee, or are otherwise provided for in sections sixty-four to seventy-eight, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 73 - Methods of Action; Itemization of Appropriations

Section 73. In legislative session, the city council shall act by ordinance, resolution, order or vote.
The yeas and nays shall be taken upon the passage of all ordinances and resolutions, and entered upon the journal of its proceedings. Upon request of any member, the yeas and nays shall be taken and recorded upon any order or vote. Every ordinance, resolution, order or vote passed by the city council shall, except as is hereinafter provided, require on final passage the affirmative vote of a majority of the members of the city council.
All votes making appropriations of money or authorizing loans shall be in itemized form.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 74 - Mayor; Status; Powers and Duties; Acting Mayor

Section 74. The mayor shall be the chief executive officer of the city, commissioner of administration and, ex officio, chairman of the school committee. When present, he shall preside at all meetings of the city council and of the school committee and at all joint conventions thereof.
He may vote on all questions coming before the city council, but shall have no power of veto.
He shall have such other duties, rights and powers as may be provided by ordinance, not in conflict with this chapter.
During the absence or inability of the mayor to act, the commissioner of finance shall, as acting mayor, assume the duties and exercise all the rights and powers of the mayor. In the absence or inability so to act of the commissioner of finance the city council may select another commissioner from their number to perform the duties of acting mayor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 75 - Distribution of Executive Powers; Determination of Policies

Section 75. All executive and administrative powers, authorities and duties, not otherwise provided for in this chapter, shall be assigned to a suitable department by the city council by ordinance, and changes in the assignments may be made by ordinance by the affirmative vote of three members of the city council, or by the qualified voters of the city upon initiative petition.
The city council shall determine the policies to be pursued and the work to be undertaken in each department, but each commissioner shall have full power to carry out the policies or to have the work performed in his department as directed by the city council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 76 - Appointment and Removal of Department Heads

Section 76. Each commissioner may, except as is otherwise provided herein, appoint a qualified person to serve as the head of each of the departments under his charge and may remove him for cause stated in the order of removal. All appointments and removals so made shall be subject to confirmation by the city council. The employees in each department shall be appointed and removed by the head of that department. This section shall not affect the laws governing the civil service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 77 - Department Records; Publication of Reports

Section 77. Each of said commissioners shall keep a record book in which shall be recorded a brief but clear and comprehensive record of all affairs of the department under his charge as soon as performed, and shall quarterly render to the city council a full report of all operations of his department, and shall annually, and oftener if required by the city council, make a synopsis thereof for publication. All such records shall be open to public inspection. The city council shall provide for the publication of such annual or other reports, and of such parts of the quarterly reports, or of such other information regarding city affairs as it may deem advisable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 79 - Plan D; Effective Date

Section 79. The method of city government provided for in the following fourteen sections shall be known as Plan D. Upon the adoption by a city of Plan D, it shall become operative as provided in sections one to forty-five, inclusive, except as otherwise provided by the following sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 81 - Management and Control of City Government by Mayor and Council

Section 81. The government of the city and the general management and control of all its affairs shall, except as otherwise provided in this chapter, be vested in a city council, which shall exercise its powers in the manner hereinafter set forth, but subject to sections one to forty-five, inclusive, in so far as not inconsistent; except that the city manager shall have the authority hereinafter specified, and that the general management and conduct of the public schools of the city and of the property pertaining thereto shall be vested in the school committee, and that the city clerk, the city auditor, any official of the city appointed by the governor and any trustees or other officers whose election by the voters of the city is required by the reason of the fact that the city has accepted any gift, devise or bequest shall have the powers and duties which may be conferred and imposed upon them by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 82 - City Council, Membership; Election; Terms

Section 82. The city council shall consist of seven or nine members, as provided in this section, all of whom shall, at each regular municipal election, be elected at large for terms of two years each and shall serve until their successors are qualified. The city council in any city having seven wards or less at the time of adoption of this plan shall be composed of seven members and the city council in any city having more than seven wards at the time of adoption thereof, nine members. Section eight of chapter thirty-nine shall apply to members of the city council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 83 - City Council; Powers and Duties; Organization; Oaths of Office

Section 83. The city council shall have and exercise all the legislative powers of the city, except as such powers are reserved by this chapter to the school committee and to the qualified voters of the city.
The city council, elected as aforesaid, shall meet at ten o'clock in the forenoon of the first Monday of January following the regular municipal election, and the members of the city council shall severally make oath, before the city clerk or a justice of the peace, to perform faithfully the duties of their respective offices, except that any member-elect not present shall so make oath at the first regular meeting of the city council thereafter which he attends. For the purposes of organization, the city clerk shall be temporary chairman until the mayor or vice-chairman has qualified. The city council shall, by a majority vote of all the members elected, elect a mayor and a vice-chairman from its own members and the persons elected as such shall likewise make oath to perform faithfully the duties of the respective offices to which they are so elected, and they may so make oath at the same meeting at which they are so elected. The organization of the city council shall take place as aforesaid, notwithstanding the absence, death, refusal to serve or non-election of one or more of the members; provided, that a majority of all the members elected to the city council are present and have qualified. If the office of mayor or vice-chairman becomes vacant, the city council shall in like manner elect one of its members to fill such office for the unexpired term; provided, that no such vacancy shall be filled so long as there is any vacancy in the council.
If, upon the expiration of fourteen days after the first Monday in January following the regular municipal election, the city council has failed to elect a mayor and a vice-chairman, the member of the city council who received the highest number of votes at the preceding municipal election shall become mayor and the member who received the next highest number of votes at said election shall become vice-chairman, and they shall be so declared by the city clerk. The persons becoming mayor and vice-chairman as aforesaid shall make oath to faithfully perform the duties of the respective offices of mayor and vice-chairman and they shall serve until the end of the term for which they were elected as members of the city council. If the office of the mayor and vice-chairman becomes vacant during said term, the member of the council senior in length of service, or, if more than one has so served, then the member senior both in age and length of service shall perform the duties of the mayor until a new mayor has been elected and has qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 84 - Meetings of City Council

Section 84. The city council shall fix suitable times for its regular meetings. The mayor, or any four members of the city council, or any three members thereof in the case of a city council composed of seven members, may at any time call a special meeting by causing written notices, stating the time of holding such meeting and signed by the person or persons calling the same, to be delivered in hand to each member of the city council, or left at his usual dwelling place, at least twelve hours before the time of such meeting. Meetings of the city council may also be held at any time when all the members of the city council are present and consent thereto. Except in the case of executive sessions authorized by section twenty-three A of chapter thirty-nine, all meetings of the city council shall be open to the press and to the public, and the rules of the city council shall provide that citizens and employees of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 85 - City Council; Quorum; Duties of City Clerk; Records; Procedure

Section 85. A majority of all the members elected to the city council shall constitute a quorum. The mayor, if present, shall preside at the meetings and may vote. In the absence of the mayor, the vice-chairman of the city council shall preside and, in the absence of both, a temporary chairman shall be chosen, who shall serve during the absence of both the mayor and the vice-chairman. The city clerk shall be, ex officio, clerk of the city council, and shall keep records of its proceedings; but, in case of his absence or disability or of a vacancy in the office, the city council shall elect a temporary clerk, who shall be sworn to the faithful discharge of his duties and shall act as clerk of the city council until the city clerk resumes his duties or a new city clerk is qualified. All final votes of the city council on questions involving the expenditure of fifty dollars or more, or upon the request of any member any vote of the city council, shall be by yeas and nays and shall be entered on the records. The affirmative vote of a majority of all the members elected to the city council shall be necessary for the passage of any order, ordinance, resolution or vote, except that the affirmative vote of a majority of the members present shall be sufficient to adjourn any meeting of the city council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 86 - Mayor; Powers and Duties

Section 86. The mayor shall be recognized as the official head of the city for all ceremonial purposes and shall be recognized by the courts for the purpose of serving civil process and by the governor for military purposes. In time of public danger or emergency, as determined by the city council, he may, with its consent, take command of the police, maintain order and enforce the laws; and he shall have all the authority and powers conferred upon mayors by sections eighteen and nineteen of chapter thirty-three. He shall be chairman of the city council and chairman of the school committee. He shall have no power to veto but shall have the same powers as any other member of either such body to vote upon all measures coming before it. He shall perform such other duties consistent with his office and with sections seventy-nine to ninety-two A, inclusive, as may be imposed upon him by the city council. During the absence or disability of the mayor, or during the time such office is vacant, his duties shall be performed by the vice-chairman.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 43 - City Charters › Section 88 - Vacancies

Section 88. Except as provided in this section, a vacancy in any elective body shall be filled for the unexpired term by a majority vote of the remaining members, except that if the remaining members fail to fill such vacancy within thirty days after they shall have been notified by the city clerk that such vacancy exists, such vacancy shall be filled by the appointment of any qualified voter of the city by the mayor, or, if there is no mayor, by the vice-chairman, or the vice-chairman of the school committee, as the case may be.