Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter five hundred and forty-two of the acts of nineteen hundred and ten is hereby repealed.
SECTION 2. The following shall be the charter of the city of Beverly:
Section 1. Municipal corporation; name; rights and duties.
The inhabitants of the city of Beverly shall continue to be a municipal corporation under the name of the city of Beverly, and as such shall have, exercise and enjoy all the rights, powers and privileges, and shall be subject to all the duties and obligations now pertaining to and incumbent upon the said city as a municipal corporation.
Section 2. Division of the city into wards.
The territory of the city shall be divided into six wards with nearly equal population. Their boundaries shall remain as at present constituted, until the same are changed under the provisions of law.
Section 3. Mayor and city council to administer affairs; school committee; separation of departments.
The administration of all the fiscal, prudential and municipal affairs of said city, and the government thereof, except the affairs of the public schools, the administration, management and control of which shall be vested in a school committee of nine members, shall be vested in an executive department which shall consist of one officer to be called the mayor, and in a legislative body of nine to be called the city council, the members whereof shall be called councilors. The legislative department shall never exercise any executive power and the executive department shall never exercise any legislative power, except as may otherwise be provided herein.
Section 4. Meetings of Qualified Voters.
Elections of state officers and city officers shall be cited by the councilors and the city clerk shall, under their direction, cause notice of such elections to be conspicuously posted in the office of the city clerk or on the principal official bulletin board of such city and any other public building they may deem necessary. Before every city election, the clerk shall make available a list of all candidates and shall also print with said list the form of any question to be submitted to the voters. Such lists shall be public records and one copy shall be sent to every daily newspaper in said city. Such notices shall be called in lieu of the notices or warrants for election required in any city by special statutes. The biennial state and biennial city elections shall be called at least seven days before the day prescribed for the holding thereof.
Notices or warrants for state and city elections shall specify by name all the offices to be voted for, and state, in the form in which it will appear upon the ballot, any question submitted to the voters. They shall specify the time when the polls will be opened, in accordance with sections sixty-three and sixty-four of chapter fifty-four of the General Laws.
Section 5. Calling elections.
All meetings for the election of national, state, county and district officers shall be called by order of the city council in the manner in which meetings for municipal elections are called.
When no convenient ward room for holding meetings of the qualified voters of the ward can be had within the territorial limits of such ward, the city council may direct that the meeting be held in some convenient place which they shall designate within the limits of an adjacent ward of the city; and, for that purpose the place so designated shall be deemed to be a part of the ward in which the election is held.
Section 6. When and how meetings of qualified voters called; discussion confined to purposes of petition.
General meetings of the citizens qualified to vote may, from time to time, be held according to rights secured by the constitution of the Commonwealth and all such meetings may, and upon the request in writing of fifty qualified voters setting forth the purposes thereof, shall duly be called by the city council. Any discussion or action taken at such meeting shall be confined to the purposes set forth in the petition.
By initiative petition, citizens may request the city council or school committee to pass a measure or put the question on the ballot in accordance with sections thirty-seven to forty-one, inclusive, of chapter forty-three of the General Laws, by gathering certifiable signatures of eight percent of the registered voters. Citizens may require that an issue be addressed and passed or presented in a special election by gathering certifiable signatures of fifteen percent of the registered voters, in accordance with said sections thirty-seven to forty-one, inclusive.
By referendum petition citizens may require the city council or school committee to reconsider a measure which has been passed and/or submit the measure to vote by the electorate. The petition must be filed within twenty days of the final passage of the measure with valid signatures of twelve percent of the registered voters, in accordance with section forty-two of chapter forty-three of the General Laws.
Section 7. Time of holding city election; municipal year.
Regular city elections shall be held biennially in each odd-numbered year on the Tuesday after the first Monday in November. The municipal year shall begin on the first Monday in January in each year, at twelve o'clock noon, and continue until the first Monday in January next following at twelve o'clock noon.
Preliminary elections shall be called pursuant to sections forty-four A to forty-four G, inclusive, of chapter forty-three of the General Laws.
Section 8. Election of mayor, councilors and school committee; vacancies in office.
At the biennial city election, voters of the city shall give in their votes by ballot for mayor and members of the city council and of the school committee, or for such of them as are to be elected, and the person receiving the highest number of votes for any office shall be deemed and declared to be elected to such office, and whenever two or more persons are to be elected to the same office the several persons up to the number required to be chosen receiving the highest number of votes shall be deemed and declared to be elected. If it shall appear that there is no choice for mayor, or if the person elected to that office shall refuse to accept, or shall die before qualifying, or if a vacancy in the office shall occur more than four months previous to the expiration of the office of a mayor, the city council shall forthwith cause warrants to be issued for a new election and the same proceedings shall be had in all respects as are hereinbefore provided for the election of the mayor, and shall be repeated until the election of a mayor is completed. If the full number of members of a city council has not been elected or if a vacancy in the office of councilors shall occur more than three months previous to the expiration of the term of office, the city council shall forthwith elect from among the qualified voters of the city or ward, as the case may be, some person or persons to fill the vacancy or vacancies for the remainder of the unexpired term. In case a vacancy in the office of the mayor shall occur within four months previous to the expiration of the unexpired term, the city council may in its discretion order a new election for mayor to be held as aforesaid to fill the vacancy; and may, likewise, should a vacancy occur in the office of any member of the city council within said period of three months, fill said office in the manner aforesaid.
Preliminary elections shall be conducted pursuant to sections forty-four A to forty-four G, inclusive, of chapter forty-three of the General Laws.
The members of the school committee of the city of Beverly shall be elected as follows:- Two shall be elected by and from the qualified voters of the entire city, voting at large, and one shall be elected by and from the qualified voters of each ward of said city, each for a term of four years.
The terms of the office of the members of the school committee elected in said city in the year nineteen hundred and fifty-five shall be continued until the qualification of their successors who shall be elected at the municipal election to be holden in the year nineteen hundred and fifty-nine. The terms of the members of the school committee elected in said city in the year nineteen hundred and fifty-seven shall continue until the qualification of their successors who shall be elected at the biennial municipal election to be held in the year nineteen hundred and sixty-one.
The mayor, councilors, and members of the school committee shall hold office for their respective terms and until their respective successors are qualified.
Section 9. How mayor and councilors elected; terms of office; president of city council.
At each biennial city election there shall be elected by ballot by and from the qualified voters at large a mayor and three members of the city council, and by and from the qualified voters of each ward, one member of said board, each to serve for the term of two years beginning with the first Monday in January then next ensuing. The member elected at large receiving the highest number of votes at any biennial city election, shall be president of the city council.
Section 10. City Council to be judge of election; rules; acting mayor.
The city council shall be the judge of the election and qualification of its members, and shall from time to time establish rules for its proceedings. In the case of the death, inability, absence or resignation of the mayor, and whenever there is a vacancy in the office for any cause, the president of the city council, while such cause continues, shall perform the duties of mayor. If the president of the city council is also absent or unavailable for any cause, the said duties shall be performed until the mayor or president of the city council returns or is able to attend to said duties by such member of the city council as that body may elect, and until such election, by the city clerk. The person upon whom the said duties shall devolve shall be called acting mayor, and he shall possess the power of the mayor only in matters not admitting of delay, and have no power to make permanent appointments except upon the death or resignation of the mayor, and then only for the period intervening until a new election of the mayor is had, or except in the case arising under section eight where the discretion of the council is not exercised by calling a new election to fill a vacancy in the office of mayor occurring within four months of the expiration of the term. In such case, said acting mayor shall perform all the duties and be clothed with all the authority of the office of mayor for the remainder of the term.
Section 11. Nomination of municipal officers; order of names on ballot.
Any resident of said city aged eighteen or older may be nominated for any municipal elective office which represents the ward in which they reside or which represents the city at large, and the procedure for procuring such nominations, obtaining signatures, filing and certification of the same, shall be according to law. The names of candidates appearing on nomination papers shall, when filed and certified, be subject to public inspection. The certification required by law shall not preclude any voter from filing objections to the validity of the nominations.
The order of precedence in which the names of all candidates to be voted for at any municipal election shall appear on the official ballot shall be determined by the registrars of voters of said city by drawing lots for the same, separate drawings to be made for each group of candidates for each office to be elected.
Section 12. Oath of office of mayor, councilors, and school committee members.
The mayor-elect, councilors-elect, and school committee members-elect shall, on the first Monday in January of each even-numbered year at twelve o'clock noon, meet and be sworn to the faithful discharge of their duties. The oath may be administered to the mayor by the city clerk, or by a judge of a court of record, or by a justice of the peace. The oath may be administered to the members of the city council and the school committee by the mayor, he having been duly sworn, or by any of the 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 on said day, or if a mayor shall subsequently be elected, the oath of office may at any time thereafter be administered to him, and at any time thereafter in like manner the oath of office may be administered to any member of the city council or school committee who for similar reasons shall not have taken the oath on the day named. All such oaths subsequently taken shall be entered in the journal aforesaid.
After the oath has been administered to the councilors present, they shall organize, with the member elected at large receiving the highest number of votes at the preceding biennial city election, as president, as provided in section nine. The president shall be sworn by the city clerk, or, in the case of the absence of the clerk, by any justice of the peace. Nothing in the duties of his office shall be held to deprive him of his right to vote and act as a member of the council.
Section 13. Powers of city council; compensation; open sessions; journal; vote by roll call; private sittings for nomination by mayor.
The city council shall, so far as is consistent with this charter, have and exercise all the legislative powers of towns and of the inhabitants thereof, and shall have and exercise all the powers now vested by law in the city of Beverly and in the inhabitants thereof as a municipal corporation, and shall have all the powers and be subject to all the liabilities of city councils and of either branch thereof, and it may by ordinance prescribe the manner in which such powers shall be exercised. Its members shall receive in full compensation for their services as members of the city council, or of any committee thereof, such salary as may be established by ordinance. Sessions of the council whether as a city council or as a committee of the whole shall be open to the public, and a journal of its proceedings shall be kept, which journal shall be subject to public inspection. The vote of the council upon any question shall be taken by roll call when the same is requested by at least three members.
Section 14. Election of certain officers by city council; terms of office; removal from office; vacancies.
The city council shall in the month of January in each even-numbered year, as soon after its organization as may be, elect a city clerk, a city collector of taxes, a city messenger, a city treasurer, a city physician and a clerk of committees, all for the term of two years from the first Monday in said January and until their respective successors are qualified. The terms of office of all officers and members shall continue and be in force for the full term or terms to which they were elected under the present law, and upon the expiration of such a term or terms the vacancies shall be filled as hereinafter provided. The city council shall elect as said terms expire, a city auditor for the term of three years, a member of the board of assessors for three years, a member of the board of health for three years, a member of the park commissioners for three years, and a member of the water board for three years, each of which boards shall consist of three members as at present constituted. Thereafter there shall annually be elected by the city council a member of every such board or office to serve for the term of three years, as the term or terms of such member or officer shall expire. Any officers thus elected by the city council may be removed by the said council for sufficient cause by a two-thirds vote. Vacancies in any city offices, where no other provision is made for filling the same in this act, shall be filled by the election or appointment of a successor in the manner in which the previous incumbent was elected or appointed, and the person elected or appointed to fill the vacancy shall hold his office for the remainder of the term during which his predecessor would have been entitled to hold the same.
Section 15. Salaries of officers and employees.
The mayor and the members of the city council shall receive for their services such salary as the city council shall by ordinance determine, and shall receive no other compensation from such city. No increase or reduction in such salaries shall take effect during the year in which such increase or reduction is voted, and no change in such ordinance shall be made between the election and the qualification of the new council.
The city council shall by ordinance passed by two-thirds vote determine the salary of all the officers and employees of the city, including the firemen, policemen, and city laborers, except as otherwise provided herein, and may in like manner change the said salaries from time to time.
Section 16. Making and publication of ordinances; additional boards or offices; reorganization, consolidation or abolition of boards and offices.
The city council shall have power to make and establish ordinances to be effective within the city, and to affix penalties for the violation thereof, as herein or by general law provided, without the sanction of any court or any justice thereof. All such ordinances shall forthwith be published in one or more newspapers designated by the mayor and shall take effect at the time of their approval by the mayor unless it is otherwise expressly stated in the ordinance, or if a penalty for the violation is provided, at the expiration of thirty days from the day of approval. Under its general power to make and establish ordinances the city council may provide by ordinance for the establishment of additional boards or offices to insure the general welfare of the inhabitants of the city and to promote economy and efficiency in the municipal administration, and for other municipal purposes. The council shall therein determine the number, duties, powers and salaries of the incumbents of such boards or offices, and may delegate for such purpose to any board or office thus created the appropriate administrative powers given by general law to city councils. The city council may also by ordinance recognize, consolidate or abolish departments or offices of the city in whole or in part; and may transfer the duties, powers and appropriations of one department to another in whole or in part. Said council shall have all the powers of existing law, in this behalf delegated to city councils, and inhabitants of towns, to establish ordinances as aforesaid, and in all other respects to make valid and reasonable by-laws for said city.
Section 17. Laying out, locating, widening, etc., of streets.
The city council shall, with the approval of the mayor, have exclusive authority and power to order the laying out, locating anew, widening, discontinuing, or changing the grade of, and the making of specific repairs in all streets, and, except as is otherwise provided herein, it shall act in all matters relating to such laying out, locating anew, widening, changing of grade, or discontinuing. The council shall assess the damages, if any, sustained thereby by any persons. Any such person aggrieved by the action of the city council in relation to damages, or in other respects hereunder, shall have all the rights and privileges now allowed by law in such cases in appeals from decisions of the selectmen of towns. Nothing herein shall be held to deprive the county commissioners of Essex County of any power or authority in relation to highways conferred upon them by law.
Section 18. Approval of ordinances, etc., by mayor; objections; reconsideration.
All ordinances, orders, resolutions or votes of the city council, except such as relate to its own internal affairs, shall be presented to the mayor. If he approves thereof he shall signify his approval by signing the same, but if not he shall return the same with his objections to the city council which shall enter the objections of the mayor at length upon its records and proceed to reconsider such ordinance, order, resolution or vote, and if, after reconsideration, two-thirds of the city council, notwithstanding the said objection, vote to pass the same, it shall be in force. In all cases the vote shall be taken by yeas or nays. If such ordinance, order, resolution or vote shall not be returned within ten days after it has been presented to the mayor the same shall be in force. He may except from his approval of any ordinance, order, resolution or vote over which he has the power of veto, any part involving a distinct item of expenditure; and in such a case instead of returning the original he shall transmit a copy of the part not approved, which part shall be reconsidered in the manner and with the effect above provided. The veto power of the mayor shall not extend to elections of administrative officers by the council.
Section 19. Council may request information from mayor.
The city council may at any time request from the mayor special information on any municipal matter going before it for action, and may request his presence to answer written questions relating thereto. The information sought shall be limited to the subject matter of the written questions.
Section 20. Appointment or election of certain boards and officers; chief of police and subordinate officers; rules and regulations governing departments.
The method and time of appointment or election, and the constitution of the fire and police departments, commissioners of sinking funds, board of managers of public cemeteries, registrars of voters, trustees of the public library, and all other boards, officers or departments of the city, shall be made, held and maintained as now provided by law, except as herein modified, and all ordinances in respect to the said departments, boards or officers now in force in said city, and all other ordinances now in force, shall continue as valid by-laws of the city until changed under the provisions of this act. The head of the police department shall be known as the chief of police. The chief of police shall be appointed by the mayor without confirmation of the city council. The chief of police shall be subject to the civil service laws and rules and regulations relating to permanent members of the police departments of cities. The power of appointment of the subordinate officers and members of the police force shall be vested in the mayor, subject to confirmation by the city council. The city council shall have power to prescribe and make regulations for the government of the police department and of all other departments of the city except as is otherwise provided by existing law.
Section 21. Certain ordinances, etc. to be open to public inspection; voting by roll call; itemization of appropriation orders.
Every ordinance, order, resolution or vote involving the appropriation or expenditure of money to an amount exceeding three hundred dollars, and every such ordinance, order, resolution or vote ordering any street improvement or sewer, or making or authorizing the making of any contract in excess of said amount of three hundred dollars, or granting any franchise or right to occupy or use the streets, highways, bridges or public places in the city for any purpose, shall remain on file with the city clerk for public inspection for at least one week before the final passage or adoption thereof; provided, however, that in the case of any such ordinance, order, resolution or vote appropriating an amount or authorizing the making of a contract in excess of three hundred dollars, and not relating to any street improvement or sewer, or to the granting of a franchise, the city council may in its discretion upon receiving the written recommendation of the mayor with his reasons therein stated, pass such ordinance, order, resolution or vote on the same day when the first reading is had by a two-thirds yea or nay vote. On the final passage of all such ordinances, orders, resolutions or votes, the vote shall be taken by roll call. All orders carrying appropriations and expenditures, or authorizing the borrowing of money, shall be in itemized form.
Section 22. Contracts in excess of three hundred dollars to be signed by mayor.
No contract made in behalf of the city involving an amount in excess of three hundred dollars shall be valid unless it receives the signature of the mayor. This provision shall not apply to any exercise of the police power or other power of the Commonwealth by any public officer or board so authorized by law.
Section 23. Bonds for performance of contracts; city council to have care and custody of public property.
The city council shall secure a just and proper accountability for the performance of all contracts or obligations entered into by the city by requiring bonds with sufficient penalties and sureties from all persons entrusted in behalf of the city with the receipt, custody or disbursement of money. The council shall have the care and superintendence of all public property of the city together with its custody and management, except as herein or by general law otherwise provided, with power to rent or sell what may legally be rented or sold, and to purchase property, real or personal in the name and for the use of the city whenever such purchase is deemed by the council to be necessary.
Section 24. Special meetings of city council.
Special meetings of the city council may be called at any time by the mayor upon mailing written notification of the same with a statement of the subject matter to be considered, to each member thereof, or by leaving such notice at the usual place of residence of each member at least forty-eight hours before the time appointed for the meeting.
Section 25. Mayor or Councilors not to hold other city offices.
Neither the mayor nor any member of the city council shall during the term for which he is elected hold any other office or position for which he is paid from the city treasury. No member of the city council shall appear as counsel or act as attorney before the city council or any committee thereof.
Section 26. Manner of vote by city council.
All elections by the city council under any provision of law shall be made by a viva voce vote, each member who is present answering to his name when it is called by the clerk or other proper officer, stating the name of the person for whom he votes or declining to vote as the case may be; and the clerk or other proper official shall record every such vote. No such election shall be valid unless it is made as aforesaid.
Section 27. Executive powers vested in mayor; general powers; suspension of certain officers.
The executive powers of the city shall be vested exclusively in the mayor, who shall enforce the laws and regulations of the city either personally or through the administrative officers and members of boards provided in this act, and shall be vigilant at all times regarding such enforcement; and he may, except as herein or by General Laws otherwise provided, suspend from the office by written order any officer appointed by him, whether or not such appointment was made by confirmation of the city council, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in the order of suspension. Such suspension shall take effect upon the filing of the order therefor with the city clerk, and the serving of a copy thereof upon the officer thus suspended either personally or by leaving the same at his last or usual place of business, or residence. The suspension of any such officer shall, unless previously revoked by the mayor, create a vacancy in such office at the expiration of fifteen days after said order is filed with the city clerk, unless within that time the officer asks for a hearing before the city council, in which case a hearing shall forthwith be held. If, within one week after the conclusion of said hearing, the council by a two-thirds vote shall set aside the suspension, the officer shall be reinstated, otherwise he shall be held to be finally discharged from office, and the vacancy therein shall be filled forthwith.
Section 28. Mayor to preside at meetings of city council; appointment of committees.
The mayor may preside at all meetings of the city council, and in his absence and in all cases where nominations of the mayor are to be acted upon by the city council, the president of the city council shall preside. The mayor shall appoint the committees of the city council.
Section 29. Mayor to communicate information to city council; records; secretary.
The mayor shall communicate to the city council such information and shall recommend such measures as in his judgment the interests of the city require. He shall cause to be kept a record of all his official acts, and for this purpose and to assist him in his official duties he may, without the confirmation of the city council, appoint a secretary, define his duties and, subject to the approval of the city council, fix his salary.
Section 30. Estimates of income and expenses; budget; appropriations.
The mayor shall require from all administrative officers and boards of the city having the expenditure of money, and it shall be the duty of such officers and boards to furnish forthwith in detail when so required, estimates for the next municipal year of the expenditures of the department or office under their charge. Within one hundred and twenty days after the annual organization of the city government, the mayor shall submit to the city council the annual budget which shall be a statement of the amounts recommended by him for anticipated income and proposed expenditures of the city for the next fiscal year. The annual budget shall be classified and designated so as to show separately with respect to each officer, department or undertaking for which an appropriation is recommended:-
(1) Ordinary maintenance, which shall also include debt and interest charges matured and maturing during the next fiscal year, and shall be subdivided as follows:-
(a) salaries and wages of officers, officials and employees other than laborers or persons performing the duties of laborers; and
(b) ordinary maintenance not included under clause (a); and
(2) Proposed expenditures for other than ordinary maintenance, including additional equipment the estimated cost of which exceeds one thousand dollars.
The foregoing shall not prevent any city, upon recommendation of the mayor and with the approval of the council, from adopting additional classifications and designations.
The city council may by majority vote make appropriations for the purposes recommended and may reduce or reject any amount recommended in the annual budget. It shall not increase any amount in or the total of the annual budget nor add thereto any amount for purposes not included therein except on recommendation of the mayor, and except as provided in section thirty-three of chapter forty-four of the General Laws. If the provisions of this sentence are accepted by vote of the city council with the approval of the mayor, in the case of the school budget or in the case of a regional school district assessment, the city council, on the recommendation of the school committee or on recommendation of a regional district school committee, may by a two-thirds vote increase the total amount appropriated for the support of the schools or for the regional district schools over that requested by the mayor; and provided, further, that no such increase shall be voted if it would render the total annual budget in excess of the property tax limitations set forth in section fifty-nine of chapter fifty-nine of the General Laws. Except as otherwise permitted by law, all amounts appropriated by the city council shall be for the purposes specified. In setting up an appropriation order or orders based on the annual budget, the council shall use, so far as possible, the same classifications required for the annual budget. If the council fails to take action with respect to any amount recommended in the annual budget, either by approving, reducing or rejecting the same, within forty-five days after the receipt of the budget, such amount shall without any action by the council become a part of the appropriations for the year, and be available for the purposes specified.
Section 31. City Council.
If in any year the general court does not act to grant an extension of the time wherein the municipal budget must be submitted, and, if, upon the expiration of one hundred and twenty days after the annual organization of the city government, the mayor shall not have submitted to the city council the annual budget for said year, the city council shall within thirty days upon its own initiative prepare the annual budget, and such preparation shall be subject to the same requirements as the mayor's annual budget, so far as apt.
Within fifteen days after such preparation of the annual budget, the city council shall proceed to act by voting thereon and all amounts so voted shall thereupon be valid appropriations for the purposes stated therein to the same extent as though based upon a mayor's annual budget, but subject, however, to such requirements, if any, as may be imposed by law.
If the council fails to take action with respect to any amount recommended in the budget, either by approving, reducing or rejecting the same, within fifteen days after such preparation, such amount shall, without further action by the council, become a part of the appropriations for the year, and be available for the purposes specified.
Nothing in this section shall prevent the city council, acting upon the written recommendation of the mayor, from voting appropriations, not in excess of the amount so recommended, either prior or subsequent to the passage of the annual budget.
The city council, may, and upon written request of at least ten registered voters shall, give notice of a public hearing to be held on the annual budget, prior to final action thereon, but not less than seven days after publication of such notice, in a newspaper having general circulation in the city. At the time and place so advertised, or at any time or place to which such public hearing may from time to time be adjourned, the city council shall hold a public hearing on the annual budget as submitted by the mayor, at which all interested persons shall be given an opportunity to be heard for or against the proposed expenditures or any item thereof.
Section 32. Council Responsibility for Budget.
In case of the failure of the mayor to transmit to the city council a written recommendation for an appropriation for any purpose not included in the annual budget, which is deemed necessary by the council, after having been so requested by vote thereof, said council, after the expiration of seven days from such vote, upon its own initiative may make such appropriation by a vote of at least two-thirds of its members, and shall in all cases clearly specify the amount to be expended for each particular purpose.
Section 33. Budget to Fund Salaries; Changes in Salaries.
The annual budget shall include sums sufficient to pay the salaries of officers and employees fixed by law or by ordinance. No ordinance providing for an increase in the salaries or wages of municipal officers or employees shall be enacted except by a two-thirds vote of the city council, nor unless it is to be operative for more than three months during the calendar year in which it is passed. No new position shall be created or increase in rate made by ordinance, vote or appointment during the financial year subsequent to the submission of the annual budget unless provision therefor has been made by means of a supplemental appropriation. No ordinance, vote or appointment creating a new position in any year in which a municipal election is held shall be valid and effective unless said ordinance, vote or appointment is operative for more than three months during said municipal election year.
Section 34. Transfer of Appropriation.
On recommendation of the mayor, the city council may, by majority vote, transfer any amount appropriated for other use of any department to another appropriation for the same department, but no transfer shall be made of any amount appropriated for the use of any department to the appropriation for any other department except by two readings and a two-thirds vote of the city council on recommendation of the mayor and with the written approval of the amount of such transfer by the department having control of the appropriation from which the transfer is proposed to be made. There shall be a lapse of one week between the two readings of such an order to transfer. No approval other than that expressly provided herein shall be required for any transfer under the provisions of this section.
Section 35. Duty of mayor as to legal instruments.
The mayor shall have the sole power to sign, seal, execute and deliver in behalf of the city deeds and leases of land sold or leased by the city, and any other evidences in writing of transfers requiring the written assent of the city.
Section 36. Appointment of administrative officers and boards by mayor; appointment of city solicitor.
Except as herein otherwise provided, the mayor shall appoint, subject to the confirmation of the city council, all the administrative officers and members of the boards of the city. No appointment so made by the mayor shall be acted upon by the city council until the expiration of one week from the time when the appointment was transmitted to the council. The city solicitor shall annually be appointed by the mayor, in the manner provided in this section.
If the office of city clerk is vacant, or if a city clerk is unable to perform the duties required by law, the mayor shall appoint a temporary clerk to perform such duties.
If the office of city auditor, city treasurer, city collector of taxes or other officer having charge of a city department is vacant, or if any such officer, because of disability or absence, is unable to perform his duties, the mayor, without confirmation by the city council, any provision of a city charter notwithstanding, shall appoint a temporary officer to hold such office and exercise the power and perform the duties thereof until another is duly elected or appointed and has qualified according to law, or other officer who was disabled or incapacitated resumes his duties; but no such temporary officer shall be appointed under this section for a period longer than sixty days. Any such temporary officer shall be sworn and give bond for the faithful performance of his duties in accordance with the provisions of law applying to the officer whose place he fills, and if he fails to do so within ten days after his appointment the mayor shall rescind the appointment and appoint another.
Section 37. Powers and duties of administrative officers; records; employment of subordinate officers; appearance before city council; oaths.
The administrative officers of the city shall perform the duties by law and herein prescribed for them respectively, and such further duties not inconsistent with the nature of their respective offices as the city council may from time to time prescribe. All such officers shall keep a record of their official transactions, which records shall be open to public inspection. All officers or members of boards appointed by the mayor or elected by the city council shall be held to be administrative officers within the meaning of this act. Such officers and boards, whether now existing or hereafter established by the city council, may appoint, employ, discharge or remove all subordinate officers, employees, clerks or assistants in their respective departments, making record of such action for public inspection, and in case of discharge or removal the grounds therefor shall be a matter of record, and shall be subject, where the person removed or discharged is lawfully classified under the civil service rules, to the jurisdiction of the civil service commissioners. Administrative officers shall appear before the city council at the request of that body and give such information as may be required in relation to any official act done by them. All administrative officers shall be sworn to the faithful discharge of their respective duties, and certificates of their oaths shall be kept in the office of the city clerk.
Section 38. Committee to supervise erection, etc., of buildings; approval of school sites and plans for school buildings.
Whenever it shall become necessary to erect any building, to make additions to or alterations or repairs in any building for the city, the estimated cost of which exceeds the sum of fifteen thousand dollars, the same shall be erected or done under the supervision and control of a commission of three persons appointed for the purpose as follows: The mayor shall name three citizens of Beverly not members of the city council to act as such commission, who shall be confirmed by the city council. This commission shall serve without compensation and shall have full power to secure plans, approve the same except as hereinafter provided in the case of buildings for school purposes, and to make contracts after having submitted the plans to the city council together with estimate of the cost of construction; provided, that the city council has made appropriations to cover the said cost. But no site for a school building shall be acquired by the city unless the approval of such site by the school committee or a majority thereof is first obtained in writing.
No plans for the construction or alteration of a school building shall be accepted, and no work shall be begun on the construction or alteration of a school building, unless the approval of the school committee or a majority thereof is first obtained in writing. Nothing herein shall require such approval for the making of ordinary repairs.
Section 39. School committee - Generally.
The school committee of said city shall consist of the mayor, ex officio, and of eight members who shall be elected as provided by section eight. Said committee shall have the entire management and control of the schools of the city, may elect a superintendent of schools, and may appoint other subordinate officers and assistants as it may deem necessary for the proper discharge of its duties and the conduct of its business; shall define the terms of service, duties and compensation of such officers, and remove and discharge them at its pleasure. The school committee shall be the judge of the election and qualifications of its members, and shall determine the rules of its proceedings. A majority of the committee shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. Should a vacancy occur in the office of an elected member of the school committee for any cause, the mayor shall, as soon as may be, call a joint convention of the city council and the school committee, at which the president of the city council shall preside, and the vacancy shall, by vote of a majority of such joint convention, be filled by the election of a member according to the vacancy existing, to serve for the balance of the unexpired term.
Section 40. Same - Meetings.
The school committee shall meet on the first Monday in January in each municipal year, and shall, at such meeting or as soon thereafter as may be, organize and elect one of its members by ballot as clerk and any other officers herein provided for.
Section 41. Same - Powers and Duties.
The school committee shall exercise all the powers and be subject to all the duties imposed by law upon school committees.
The mayor and city council shall annually provide an amount of money sufficient for the support of the public schools as required by the General Laws; provided, however, that neither the mayor nor city council shall be required to provide more money than is appropriated by vote of the city council. In acting on appropriations for educational costs, the city council shall vote on the total amount of appropriations requested, and shall not allocate appropriations among accounts or place any restrictions on such appropriations. The city council may make nonbinding monetary recommendations to increase or decrease certain items allocating such appropriations. The vote of the city council shall establish the total appropriation for the support of the schools, but may not limit the authority of the school committee to determine expenditures within the total appropriations.
The school committee shall hold a public meeting on its proposed annual budget not less than seven days after publication of a notice thereof in a newspaper having general circulation in the city. Prior to such public hearing said committee shall make available to the public at least one copy of said proposed budget for a time period of not less than forty-eight hours either at the office of the superintendent of schools or at a place so designated by said committee. At the time and place so advertised or at any time or place to which such hearing may from time to time be adjourned all interested persons shall be given an opportunity to be heard for or against the whole or any part of the proposed budget. Such public hearing shall be conducted by a quorum of the school committee. For purposes of this section a quorum shall consist of a majority of the members of said school committee.
Section 42. Same - Notification of mayor of need of schoolhouse or alteration thereof.
Whenever, in the opinion of the school committee, a schoolhouse is required or material alterations are needed, they shall send a communication to the mayor and city council stating their reasons therefor.
Section 43. Same - Sessions of school committee to be open; vote of committee.
All sessions of the committee shall be open to the public, and a journal of its proceedings shall be kept which shall be subject to public inspections. The vote of the committee upon any question shall be taken by roll call when the same is requested by at least three members.
Section 44. Liability not to be incurred in excess of appropriations.
No official of said city shall incur a liability in excess of the appropriation made for the use of such department, each item recommended by the mayor and voted by the city council being considered as a separate appropriation, except in cases of extreme emergency involving the health or safety of persons and property, and then only by a vote of two-thirds of the members of the city council. Any official violating the provisions of this section shall be punished by a fine not exceeding three hundred dollars, or by imprisonment for a term not exceeding six months, or both such fine and imprisonment.
Section 45. Conviction creating vacancy in office; approval of bills and vouchers; expenditures differing from appropriations.
The conviction of the incumbent of any office established under this charter of a crime punishable by imprisonment shall operate to create a vacancy in the office held by him. Every bill and every voucher for an expenditure of money shall be approved by the signatures upon such bill or voucher of a majority of the members of the committee, or of the officer, having control of or incurring such expenditure. No sum appropriated for a specific purpose shall be expended for any other purpose except upon compliance with section thirty-four. No expenditure shall be made nor liability incurred by or in behalf of the city until an appropriation has duly been recommended by the mayor and voted by the city council sufficient to meet such expenditure or liability together with all prior unpaid liabilities growing out of the item for which said appropriation is made.
Section 46. Franchise.
No franchise or right to occupy or use the highways, bridges or public places in said city, shall be granted, renewed or extended except by ordinance and under the provisions of law, and every such franchise or grant relating to street railways, gas or electric light, or power plants, telegraph or telephone systems, or other public service utilities within said city having first been granted or renewed, as provided in this act, by the mayor and city council, shall not be valid until approved by a majority of the electors voting thereon at a general or special election called under the provisions of this act. In all cases, however, where extensions of existing franchises or rights are sought, the same may be granted to the holders thereof in the manner provided in section twenty-one, and in such cases approval by the voters shall not be required to render the same valid, unless within thirty days after the final passage of the order granting the extension, a petition objecting hereto, signed by at least three hundred qualified voters of the city shall be filed with the city clerk.
Section 47. Board of commissioners of trust funds.
The terms of office of the four commissioners of the trust funds shall continue and be in force for the full terms to which they were appointed and upon expiration of such terms the vacancies shall be filled as hereinafter provided. The mayor shall appoint, subject to confirmation by the city council, members of the board of commissioners of trust funds, each for a term of three years, at the expiration of the term of service of every such commissioner. The city treasurer shall, ex officio, always be a member of the said board of commissioners. In case a vacancy occurs in the board it shall be filled by appointment as aforesaid for the unexpired term. Any commissioner may be removed by the mayor at any time, such removal to be confirmed by the city council. The members of the board of commissioners shall serve without compensation. The board shall, so far as is consistent with the terms of the trusts under which trust funds are held by the city invest, manage, control and have the custody of all such funds, and as part of such management shall distribute, subject to the written approval of the mayor, the income of said funds in accordance with the terms of the respective trust; provided, however, that the income of any funds now or hereafter held in trust for cemetery purposes shall continue to be distributed by the board of managers of public cemeteries as heretofore. The board of commissioners hereby constituted shall keep a record of its doings and at the close of each municipal year shall make a report thereof to the mayor and city council.
SECTION 3. This act shall take effect on January third, nineteen hundred and ninety-four, except that during the municipal election of nineteen hundred and ninety-three candidates for the legislative branch shall run for city council.