Section 40. If an initiative petition is signed by registered voters equal in number to at least eight per cent but less than fifteen per cent of the total number of registered voters, and said measure is not passed without alteration within twenty days by the city council or the school committee, as provided in the preceding section, such proposed measure, without alteration, shall be submitted by the city clerk to a vote of the registered voters of the city at the next regular municipal election which occurs at least thirty days after the date of qualification. As used in this section and section thirty-nine, ''date of qualification'' shall mean the twentieth day after the date of the certificate of the registrars, or the day on which the city council or school committee finally decides not to pass the measure without alteration, whichever day occurs first. A proposed measure under this section or section thirty-nine shall become effective if it shall be approved by registered voters of the city equal in number to one third of the whole number thereof and also by a majority of the voters voting on such measure, but not otherwise.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Section 2 - Authorization to Adopt a Plan of Government
Section 3 - Effect of Chapter on Legislative Powers of Cities
Section 4 - Effect of Adoption of Governmental Plan on Ordinances, Etc.
Section 5 - Existing Organization to Continue Until Superseded
Section 6 - Wards, Number and Boundaries to Continue Until Changed Under Law
Section 7 - Adoption of Plan; Filing of Petition Calling for Vote
Section 8 - Adoption of Plan; Form of Petition
Section 9 - Plan A, B, C, D or E; Proceeding After Filing of Petition; Submission to Electorate
Section 9b - Plan F; Proceeding After Filing of Petition; Submission to Electorate
Section 10 - Number of Plans Considered at Election; Procedure on Subsequent Petitions
Section 11 - Majority Vote Required for Adoption of Plan; Effect of Adoption; Election of Officers
Section 12 - Petition for Other Plans After Unfavorable Election
Section 13 - Duration of Plan Adopted
Section 14 - Officials to Expedite Transition to Adopted Plan
Section 15 - Dates of Elections Under Adopted Plan; Municipal Year Defined
Section 16 - Primaries and Caucuses Prohibited
Section 16a - Plan F; Primaries and Caucuses
Section 17 - Oath of Office; Time of Taking
Section 17a - Salaries of Mayor, City Manager and Council
Section 17b - Compensation of Mayor and City Council
Section 17d - Two-Year Term for Mayors in Cities Under Sec. 17c; Acceptance by Election
Section 18 - City Council; Powers and Duties
Section 20 - Passage of Ordinances
Section 21 - Amendments and Repeals of Ordinances
Section 22 - Ordinances, etc.; Passage at One Session
Section 23 - Ordinances; Publication
Section 24 - Adoption of Plan; Effect on Obligations, Taxes and Legal Acts
Section 25 - Employees in Mayor's Office Not Subject to Civil Service
Section 26 - Vacancies in Office of Mayor or City Council; Acting Mayor
Section 27 - Interest in Public Contracts by Public Employees Prohibited; Penalty
Section 29 - Public Contracts; Form; Required Approvals; Bond, Etc.
Section 30 - Purchase or Taking of Land
Section 31 - School Committee; Membership; Tenure
Section 32 - Superintendent of Schools; Election; Appointment of Other School Employees.
Section 33 - School Committee; Powers and Duties
Section 34 - Location and Erection of Schools; Approvals Required
Section 35 - Open and Public Meetings; Yea and Nay Vote
Section 36 - School Committee; Filling Vacancies
Section 37 - Initiative Petition; Measure Defined
Section 38 - Initiative Petitions; Validity of Signatures; Objections
Section 39 - Initiative Petition; Passage and Submission to Electorate
Section 40 - Proceedings if Initiative Petition Not Properly Signed
Section 41 - Contents of Ballot for Proposed Measure
Section 42 - Referendum Petition; Effect on Final Passage
Section 43 - Submission of Proposed Measure to Voters
Section 44 - Measures With Conflicting Provisions
Section 44a - Preliminary Elections; Contents of Notices
Section 44b - Inclusion of Name on Ballot; Prerequisites
Section 44c - Candidates for Nomination; Qualifications; Statement and Petition
Section 44d - Official Ballot; Posting Lists of Candidates; Drawing for Position on Ballot
Section 44e - Counting Ballots; Canvass of Returns
Section 44f - Determination of Candidates for Election
Section 44g - Nomination of Candidates; Conditions Making Preliminary Election Unnecessary
Section 44h - Acceptance of Sections Dealing With Preliminary Elections; Submission to Electorate
Section 45 - Provisions Applicable to Adoption of Any Governmental Plan
Section 47 - Effective Date of Plan
Section 48 - Mayor as Chief Executive Officer; Term of Office
Section 49 - Party Designations on Ballots Prohibited
Section 50 - City Council; Number; Election; Tenure
Section 50a - City Council; Filling Vacancies In
Section 52 - Appointments of Employees by Mayor Without Confirmation
Section 53 - Certificate of Appointment
Section 54 - Removal of Officials; Exceptions
Section 55 - Approval or Veto by Mayor of Orders, Ordinances, etc.; Overriding Veto
Section 57 - Operative Date of Plan
Section 58 - Mayor as Chief Executive Officer; Election; Tenure
Section 59 - City Council; Number; Election; Tenure
Section 59a - Vacancies in Office of Mayor and Council; Procedure for Filling
Section 60 - Appointments by Mayor Subject to Confirmation; Exceptions
Section 63 - Approval and Veto Offer of Mayor
Section 65 - Effective Date of Plan Adopted
Section 66 - City Council; Powers and Duties
Section 67 - Membership; Duties of Individual Commissioners; Tenure
Section 69 - Organization; Oath of Office
Section 71 - Quorum; Open and Public Meetings; Duties of City Clerk; Method of Voting
Section 72 - Powers and Duties
Section 73 - Methods of Action; Itemization of Appropriations
Section 74 - Mayor; Status; Powers and Duties; Acting Mayor
Section 75 - Distribution of Executive Powers; Determination of Policies
Section 76 - Appointment and Removal of Department Heads
Section 77 - Department Records; Publication of Reports
Section 79 - Plan D; Effective Date
Section 81 - Management and Control of City Government by Mayor and Council
Section 82 - City Council, Membership; Election; Terms
Section 83 - City Council; Powers and Duties; Organization; Oaths of Office
Section 84 - Meetings of City Council
Section 85 - City Council; Quorum; Duties of City Clerk; Records; Procedure
Section 86 - Mayor; Powers and Duties
Section 89 - City Manager; Qualifications; Tenure; Compensation; Removal
Section 90 - Powers and Duties of City Manager
Section 91 - City Officers and Employees
Section 92 - Interference With City Manager by Council Forbidden; Penalty
Section 93 - Plan E; Effective Upon Adoption
Section 95 - Governing Power of City Council, Etc.
Section 96 - City Council; Membership; Tenure
Section 97 - City Council; Powers and Duties; Organization
Section 98 - Meetings of City Council
Section 99 - Quorum; Presiding Officer; Duties of City Clerk; Voting Procedure
Section 100 - Mayor; Official Head of City; Powers and Duties; Vice-Chairman
Section 102 - Vacancies in Elective Bodies
Section 103 - City Manager; Appointment; Qualifications; Compensation; Removal
Section 104 - Powers, Rights and Duties of City Manager
Section 105 - City Officers and Employees; Appointments and Removals
Section 106 - Officers and Employees; Regulations; Penalty for Violations
Section 107 - Interference With City Manager by Council Forbidden; Penalty
Section 108 - Solicitation of Political Contributions by Employees; Penalties
Section 109 - Regular Municipal Election; Date
Section 110 - Candidates; Statement and Petition
Section 111 - Nomination Papers
Section 112 - Ballots; Form and Contents
Section 113 - Preparing Ballots, etc.; Procedure
Section 114 - Counting of Ballots; Procedure
Section 116 - General Election Laws; Applicability
Section 119 - Mayor; Election; Term
Section 120 - Legislative Powers; Election and Term of City Council
Section 123 - Certificate of Appointment
Section 124 - Removal of Heads of Departments
Section 125 - Ordinances and Resolutions; Approval by Mayor
Section 126 - Regular Municipal Election; Date; Nomination Papers
Section 127 - General Election Laws; Applicability
Section 129 - Referendum; Questions Submitted; Petition
Section 131 - Division of City Into Districts; Time; Ordinance; District Description; Redistricting
Section 132 - Failure of Timely Districting