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.
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