[Section impacted by 2020, 92, Secs. 11, 16 and 17, effective May 1, 2020 relating to the submission of the annual budget for fiscal year 2021 in order to address disruptions caused by the outbreak of COVID-19. See 2020, 92, Sec. 18.]
Section 32. Within one hundred and seventy days after the annual organization of the city government in any city other than Boston, the mayor shall submit to the city council the annual budget which shall be a statement of the amounts recommended by him for 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 (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 a purpose not included therein except on recommendation of the mayor, and except as provided in section thirty-three; provided, however, that 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 twenty-one C of chapter fifty-nine. Except as otherwise permitted by law, all amounts appropriated by the city council, as provided in this section, 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.
If, upon the expiration of one hundred and seventy 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, upon its own initiative, prepare such annual budget by June thirtieth of such year, and such budget preparation shall be, where applicable, subject to the provisions governing the annual budget of the mayor.
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.
Notwithstanding any provisions of this section to the contrary, the mayor may submit to the city council a continuing appropriation budget for said city on a month by month basis for a period not to exceed three months if said city has not approved an operating budget for the fiscal year because of circumstances beyond its control.
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 provisions of this section shall apply, in any city adopting the Plan E form of government under chapter forty-three, only to the extent provided by section one hundred and four of said chapter.
Neither the annual budget nor appropriation orders based thereon shall be in such detail as to fix specific salaries of employees under the direction of boards elected by the people, other than the city council.
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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 44 - Municipal Finance
Section 2 - Limitations and Restrictions Upon Manner of Incurring Debt
Section 3 - Computation of Indebtedness
Section 4 - Temporary Loans in Anticipation of Revenue; Conditions; Limitations
Section 6a - Power to Borrow in Anticipation of Reimbursement by Federal Government or Commonwealth
Section 7 - Cities and Towns; Purposes for Borrowing Money Within Debt Limit
Section 8 - Cities and Towns; Purposes for Borrowing Money Outside Debt Limit
Section 8a - Orders Authorizing Issuance of Bonds; Authentication
Section 9 - Districts; Right to Borrow Money; Purposes; Amount
Section 11 - Debt Retirement; Provision for Earlier Payment
Section 14 - Liability for Lawful Debts
Section 15 - Liability for Legal Debts Contracted Under Special Acts
Section 16a - Facsimile Signature
Section 16b - Facsimile Seal; Validity
Section 17 - Temporary Loans; Refund; Repayment
Section 18 - Discount of Notes
Section 20 - Proceeds From Sale of Bonds; Restrictions on Use; Disposition of Premiums
Section 20a - Advances Made in Anticipation of Proceeds
Section 21 - Call and Redemption Prior to Maturity
Section 21a - Refunding Bonds; Issuance; Present Values
Section 21c - Lease Purchase Financing Agreements
Section 22a - Insurance, Letters or Lines of Credit for Bonds or Notes; Trust Agreements
Section 22c - Security for Bonds or Notes; Insurance, Letters or Lines of Credit, Trust Agreements
Section 24 - Authentication; Certification
Section 24a - Bearer Instruments
Section 27 - Certification; Evidence of Liability
Section 27a - Effect of Provisions on Power to Issue Notes
Section 28 - Report to Director of Accounts Required
Section 28a - Applicability of Finance Law to School Districts
Section 28b - Applicability of Finance Law to Planning Districts
Section 28c - Management of Solid Waste; Project Costs; Debt Obligations
Section 30 - Determination of Amount of Appropriation for Departments
Section 31 - Liabilities in Excess of Appropriations Forbidden; Exceptions
Section 31a - Report of Estimated Expenses; Period Covered; Contents
Section 31d - Snow and Ice Removal; Emergency Expenditures; Reporting Requirements
Section 33 - Power of Council to Add to Appropriation; Conditions; Limitations
Section 33a - Salary Provisions in Budget; Requirements and Limitations
Section 33b - Transfer of Appropriations; Restrictions
Section 38 - Uniformity of Accounting Classifications; Standards; Authority of Director
Section 39 - Results of Audit; Report to Municipality
Section 40 - Audit of Accounts; Frequency; Reports
Section 42 - Audits by Private Accountants; Required Reports
Section 43 - Accounting Reports; Returns; Forms
Section 44 - Reports of Municipal Statistics; Publication
Section 45 - Powers of Director; Attendance of Witnesses; Production of Books and Documents
Section 46a - Powers of Director; Investigation of Municipal Affairs
Section 47 - Right to Establish or Use
Section 48 - Sinking Fund Commissioners; Powers and Duties; Records; Compensation
Section 49 - Issuance of New Bonds
Section 52 - Issuance of Bonds in Exchange for Bearer Instruments
Section 53 - City, Town or District Funds; Use and Disposition
Section 53a - Grants and Gifts; Acceptance and Expenditure
Section 53a1/2 - Gifts of Tangible Personal Property; Acceptance
Section 53b - Contributions by Commonwealth; Application to Indebtedness
Section 53e1/2 - Revolving Funds
Section 53e3/4 - Energy Revolving Loan Fund
Section 53f - Deposits of Public Funds in Banking Institutions in Return for Banking Services
Section 53f1/2 - Enterprise Funds
Section 53f3/4 - Peg Access and Cable Related Fund
Section 53g - Employment of Outside Consultants
Section 53h - Rebate to Federal Government to Exclude Interest Paid on Bonds From Gross Income
Section 53i - Settlement or Incorporation Celebrations; Special Fund
Section 54 - Investment of Trust Funds
Section 55 - Public Funds on Deposit; Limitations; Investments
Section 55a - Liability of Depositor for Losses Due to Bankruptcy
Section 55b - Investment of Public Funds
Section 55c - Municipal Affordable Housing Trust Fund
Section 56 - Towns; Fiscal Year
Section 56a - Cities; Fiscal Year
Section 57 - Taxation; Interest on Debts Incurred in Aid of a Railroad
Section 58 - Cities and Towns; Limitation on Purchasing Powers
Section 59 - Enforcement of Chapter
Section 60 - Penalty for Violation of Law Controlling Handling of Town and District Notes
Section 61 - Penalty for Refusal to Issue Bond in Exchange for Bearer Instruments in Sinking Funds
Section 62 - Penalty for Violation of Provisions of Chapter by Officials
Section 63 - Sale or Other Disposal of Realty; Disposition of Proceeds
Section 63a - Sales of Public Land; Payment of Taxes
Section 64 - Payment of Bills Incurred in Excess of Appropriations
Section 65 - Vacation Pay; Advances to Employees
Section 66 - Advances to Public Employees
Section 67a - Employee Individual Retirement Accounts
Section 68 - Retroactive Salary Increases
Section 71 - Contracts for Revenue Raising Activities; Regulations and Guidelines; Negotiation
Section 72 - Federal Funds for Reimbursable Medical Expenses; Distribution