Boston (Mass.).

Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1963) online

. (page 2 of 16)
Online LibraryBoston (Mass.)Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1963) → online text (page 2 of 16)
Font size
QR-code for this ebook


within fifteen days after such notification, the remaining city councillors
shall choose, as city councillor for the unexpired term, whichever of the
defeated candidates for the office of city councillor at the regular municipal
election at which city councillors were elected for the term in which the
vacancy occurs, who are eligible and willing to ^erve, received the highest
number of votes at such election, or, if there is no such defeated candidate
eligible and willing to serve, a registered voter of the city duly qualified
to vote for a candidate for the office of city councillor. If at a regular
municpal election there is a failure to elect a city councillor or if a person
elected city councillor at such an election resigns or dies before taking
office, the city clerk shall, as soon as conveniently may be after the re-
maining city councillors-elect take office, notify the city council of euch
failure to elect, resignation or death; and within fifteen days after such
notification, the members thereof shall choose, as city councillor for the
unexpired term, whichever of the defeated candidates for the office of city
councillor at such election, who are eligible and willing to serve, received
the highest number of votes at such election, or, if there is no such defeated
candidate eligible and willing to serve, a registered voter of the city duly
quaUfied to vote for a candidate for the office of city councillor. If in
any of the aforesaid events a choice is not made as hereinbefore provided
within fifteen days after the notification of the city council by the city
clerk, the choice shall be made by the mayor, or, if there is no mayor, by
the city councillor senior in length of service, or, if there be more than
one such, by the city councillor senior both in age and length of service.
For the purposes of section seventeen D, votes of the city council under
this section shall be deemed to be votes electing officials.

Sect. 16. Every city councillor shall be paid an annual salary of five
thousand dollars; and no other sum shall be paid from the city treasury
for or on account of any personal expenses directly or indirectly in-
curred by or in behalf of any city councillor.

Sect. 17. The city council shall be the judge of the election and quali-
fications of its members; shall elect from its members by vote of a majority
of all the members a president who when present shall preside at the
meetings thereof; and shall from time to time establish rules for its pro-

* Sect. 15 as amended by Stat. 1952, Chap. 190.



18 MUNICIPAL REGISTER

ceedings. The member eldest in years shall preside until the president
is chosen, and in case of the absence of the president, until a presiding
officer is chosen.

Sect. 17A. The mayor may, whenever in his judgment the good of
the city requires it, summon a meeting or meetings of the city council
although said council stands adjourned to a more distant day, and shall
cause suitable written notice of such meeting or meetings to be given to
the city councillors.

Sect. 17B. The city council may, subject to the approval of the
mayor, from time to time establish such offices, other than that of clerk,
as it may deem necessary for the conduct of its affairs and at such salaries
as it may determine, and abolish such offices or alter such salaries; and
without such approval may fill the offices thus established and remove
the incumbents at pleasure. The city clerk shall act as clerk of the city
council.

Sect. 17C. All elections by the city council under any provision of
law, including the choosing of a city councillor under section fifteen, 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, and 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 officer shall record every such
vote. No such election shall be valid unless it is made as aforesaid.

Sect. 17D, Every order, ordinance, resolution and vote of the city
council (except special municipal election orders adopted under section
thirteen, votes relating to the internal affairs of said council, resolutions
not affecting legal rights, votes electing officials, and votes confirming
appointments by the mayor) shall be presented to the mayor for his
approval. If he approves it, he shall sign it; and thereupon it shall be in
force. If he disapproves it, he shall, by filing it with the city clerk with
his objections thereto in writing, return it to the city council which shall
enter the objections at large on its records. Every order, ordinance, reso-
lution and vote authorizing a loan or appropriating money or accepting
a statute involving the expenditure of money, which is so returned to the
city council, shall be void, and no further action shall be taken thereon;
but the city council shall proceed forthwith to reconsider every other
order, ordinance, resolution and vote so returned, and if, after such recon-
sideration, two thirds of all the city councillors vote to pass it notwith-
standing the disapproval of the mayor, it shall then be in force; but no
such vote shall be taken before the seventh day after the city council has
entered the objections at large on its records. Every order, ordinance,
resolution or vote required by this section to be presented to the mayor
which, within fifteen days after such presentation, is neither signed by
him nor filed with his written objections as hereinbefore provided, shall
be in force on and after the sixteenth day following such presentation.

Every order, ordinance, resolution or vote required by this section
to be presented to the mayor shall be approved as a whole or disapproved



CITY CHARTER WITH AMENDMENTS 19

as a whole; except that, if the same authorizes a loan or appropriates
money, the mayor may approve some of the items in whole or in part
and disapprove other of the items in whole or in part; and such items or
parts of items as he approves shall, upon his signing the same, be in force
and such items or parts of items as he disapproves by filing with the city
clerk his written objections thereto shall be void, and such items or parts
of items as he neither signs nor so disapproves within fifteen days after
the order, ordinance, resolution or vote shall have been presented to him
shall be in force on and after the sixteenth day following such presen-
tation.

Sect. 17E. The mayor from time to time may make to the city council
in the form of an ordinance or loan order filed with the city clerk such
recommendations other than for school purposes as he may deem to
be for the welfare of the city. The city council shall consider each ordi-
nance or loan order so presented and shall either adopt or reject the same
within sixty days after the date when it is filed as aforesaid. If such
ordinance or loan order is not rejected within said sixty days, it shall be
in force as if adopted by the city council unless previously withdrawn by
the mayor. Nothing herein shall prevent the mayor from again presenting
an ordinance or loan order which has been rejected or withdrawn. The
city council may originate an ordinance or loan order and may reduce or
reject any item in any loan and, subject to the approval of the mayor,
may amend an ordinance. All sales of land other than school lands, all
appropriations for the purchase of land other than for school purposes,
and all loans voted by the city council shall require a vote of two thirds of
all the city councillors and shall be passed only after two separate readings
and by two separate votes, the second of said readings and votes to be
had not less than fourteen days after the first, except that in the case of
loan orders for temporary loans in anticipation of taxes the second of
said readings and votes may be had not less than twenty-four hours after
the first. No amendment increasing the amount of land to be sold or the
amount to be paid for the purchase of land, or the amount of loans, or
altering the disposition of {Purchase money or of the proceeds of loans
shall be made at the time of the second reading and vote. If a petition
signed by three city councillors requesting that action be taken forthwith
upon a loan order presented by the mayor is filed in the office of the city
clerk not earlier than fourteen days after the presentation of such loan
order, action shall be taken by the yeas and nays on the question of the
adoption of such loan order at the next meeting of the council, or, if one
vote has already been taken thereon, at the next meeting after the expira-
tion of the required interval after such vote; provided, that such action
thereon has not sooner been taken or such loan order has not been with-
drawn by the mayor.

Sect. 17F. The city council at any time may request from the mayor
specific information on any municipal matter within its jurisdiction, and
may request his presence to answer written questions relating thereto
at a meeting to be held not earlier than one week from the date of the



20 MUNICIPAL REGISTER

receipt of said questions, in which case the mayor shall personally, or
through a head of a department or a member of a board, attend such
meeting and publicly answer all such questions. The person so attending
shall not be obliged to answer questions relating to any other matter.
The mayor at any time may attend and address the city council in person
or through the head of a department, or a member of a board, upon such
subject as he may desire.

Sect. 17G. Except as otherwise provided in chapter four hundred and
eighty-six of the acts of nineteen hundred and nine, neither the city council
nor any member, committee, officer or employee thereof shall directly or
indirectly on behalf of the city or of the county of Suffolk take part in the
employment of labor, the making of contracts, or the purchase of materials,
supplies or real estate; nor in the construction, alteration, or repair of
any public works, buildings, or other property; nor in the care, custody,
or management of the same; nor in the conduct of the executive or ad-
ministrative business of the city or county; nor in the appointment or
removal of any city or county employee ; nor in the expenditure of public
money except such as may be necessary for the contingent and incidental
expenses of the city council. Any person violating any provision of this
section shall be punished by imprisonment for not more than one year,
or by a fine of not more than one thousand dollars, or both.

Sect. 17H. No city councillor nor any person elected city councillor
shall, during the term for which he is elected or chosen, be appointed to,
or hold, any office or position which is under the city government or the
salary of which is payable out of the city treasury except the office of city
councillor and any office held ex officio by virtue of being a member, or
president, of the city council; provided, however, that nothing herein
contained shall prevent a city councillor or any person elected city council-
lor from, during the term for which he is elected or chosen, being appointed
by the governor, with or without the advice and consent of the council,
to, and holding, any such office or position if before entering upon the
duties of such office or position he resigns as city councillor or city council-
lor-elect.

Sect. 18. At the next regular municipal election following the adoption
of Plan A and at every regular municipal election thereafter, there shall
be elected at large five school committeemen, each to hold office for the
two municipal years following the municipal year in which he is elected.

Sect. 19.* If at any time a vacancy occurs in the school committee
from any cause, the mayor, the president of the city council and the
remaining school committeemen, meeting in joint convention, shall,
within fifteen days after the vacancy arises, choose, as school committee-
man for the unexpired term, whichever of the defeated candidates for the
office of school committeeman at the regular municipal election at which
school committeemen were elected for the term in which the vacancy

* Sect. 19 as amended by Stat. 1952, Chap. 190.



CITY CHARTER WITH AMENDMENTS 21

occurs, who are eligible and willing to serve, received the highest number
of votes at such election, or, if there is no such defeated candidate eligible
and willing to serve, a registered voter of the city duly qualified to vote
for a candidate for the office of school committeeman. If at a regular mu-
nicipal election there is a failure to elect a school committeeman or if a
person elected school committeeman at such an election resigns or dies
before taking office, within fifteen days after the remaining school com-
mitteemen-elect take office, such school committeemen and the then
mayor and the then president of the city council shall meet in joint con-
vention, and choose, as school committeeman for the unexpired term,
whichever of the defeated candidates for the office of school committeeman
at such election, who are eligible and willing to serve, received the highest
number of votes at such election, or, if there is no such defeated candidate
ehgible and willing to serve, a registered voter of the city duly qualified
to vote for a candidate for the office of school committeeman.

Sect. 20. The members of the school committee shall meet and
organize on the first Monday of January following their election. The
school committee shall be the judge of the election and qualifications of its
members. The members of the school committee shall serve without
compensation.



Nomination and Election Provisions Under Plan A and
Plan D

Sect. 53. Every municipal officer required by sections twelve, thirteen,
fourteen and eighteen to be elected at large shall be elected at a biennial
municipal election, or, in the case of a mayor for an unexpired term, at a
special municipal election, after, in either case, nomination at a pre-
liminary municipal election, except as otherwise provided in section fifty-
seven C. In sections fifty-three to sixty-five, inclusive, the term "regular
election" shall be construed to refer to the biennial municipal election or
the special municipal election, as the case may be, and the term "pre-
hminary election'' to the preliminary municipal election held for the pur-
pose of nominating candidates for election at such regular election. Every
preliminary election shall, unless dispensed with under said section fifty-
seven C, be held on the sixth Tuesday preceding the regular election.

Sect. 54. Any person who is a registered voter of the city duly quaUfied
to vote for a candidate for an elective municipal office therein may be a
candidate for nomination to such office; provided, that a petition for the
nomination of such person is obtained, signed and filed as provided in
sections fifty-five, fifty-five A, and fifty-six, and signatures of petitioners
thereon, to the number required by section fifty-six, certified as provided
in section fifty-seven by the board of election commissioners, in sections
fifty-five to sixty-five, inclusive, called the election commission.

Sect. 55. A nomination petition shall be issued only to a person sub-
scribing after the thirteenth Tuesday, and before the eighth Tuesday



22 MUNICIPAL REGISTER

preceding the preliminary election, in a book kept for that purpose by
the election commission, a statement of candidacy in substantially the
following form: —

THE COMMONWEALTH OF MASSACHUSETTS
CITY OF BOSTON

Statement of Candidacy
I, {name with first or middle name in full), under the pains and penal-
ties of perjury declare that I reside at (street and number, if any) in Ward
{number) of the City of Boston; that I am a registered voter of said City
duly qualified to vote for a candidate for the office hereinafter mentioned;
that I am a candidate f<j>r nomination for the office of (Mayor or City
Councillor or School Committeeman); that I request that my name be
printed as such candidate on the official ballot to be used at the prehminary
municipal election to be held on Tuesday, > 19 , for the
purpose of nominating candidates for election to such ofiice; and that
I also request that my nomination petition contain the following state-
ment (not exceeding eight words) concerning the elective public offices
now or formerly held by me: —



Signature of Candidate

Sect. 55A. A nomination petition shall be issued by the election com-
mission not later than twelve o'clock noon on the second day (Saturdays,
Sundays and legal holidays excluded) after the subscription of a statement
of candidacy, except that no such petition shall be issued before the
eleventh Tuesday preceding the preliminary election. A nomination
petition shall not relate to more than one candidate nor to more than one
office. A nomination petition may state the elective public offices which
the candidate holds or has held under the government of the common-
wealth, the county of Suffolk or the city of Boston or in the congress as a
representative or senator from the commonwealth; provided, that such
statement shall not exceed eight words and shall, with respect to each
such office, consist solely of the title, as hereinafter given, of such office,
preceded, if the candidate is the then incumbent thereof, by the word
"Present", otherwise, by the word "Former", and followed, if, but only
if, the office is that of city councillor, by the words "at Large" or "for
Ward {here insert ward number in numerals, which shall he counted as one
word)", as the case may be. For the purposes of such statement, the
titles of the elective public offices which may be stated shall be deemed
to be as follows: — city councillor, school committeeman, mayor, district
attorney, sheriff, register of deeds, register of probate, county clerk of
superior (criminal) court, county clerk of superior (civil) court, county
clerk of supreme judicial court, state representative, state senator, gov-



CITY CHARTER WITH AMENDMENTS



23



emor's councillor, attorney general, state auditor, state treasurer, state
secretary, lieutenant governor, governor, congressman, and United States
senator.

If the candidate is a veteran as defined in section twenty-one of chapter
thirty-one of the General Laws, his nomination petition may contain the
word "Veteran", which, in the case of a candidate holding or having held
elective public office as aforesaid, shall, for the purposes of this section and
sections fifty-five, fifty-eight and sixty-two, be counted as a part of the
statement concerning the elective public offices held by him, and, in the
case of a candidate who does not hold and has never held elective public
office as aforesaid, shall, for the purposes of said sections, be deemed to be
a statement concerning the elective public offices held by him.

A nomination petition may consist of one or more sheets; but each sheet
shall be in substantially the following form: —

THE COMMONWEALTH OF MASSACHUSETTS
CITY OF BOSTON
Nomination Petition

Whereas {name of candidate) residing at (street and number, if any)
in Ward (number) of the City of Boston, (here insert any lawfully requested
statement concerning the elective public offices held by candidate) is a candidate
for nomination for the office of (Mayor or City Councillor or School
Committeeman), the undersigned, registered voters of the City of Boston,
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
municipal election to be held on Tuesday, ,19 .

Each of the undersigned does hereby certify that he or she has not
subscribed (if the petition relates to the office of mayor, here insert: — any
other nomination petition for said office; if the petition relates to the office
of city councillor, here insert: — more than eight other nomination petitions
for said office; and if the petition relates to the office of school committeeman,
here insert: — more than four other nomination petitions for said office).

In case the above-named candidate withdraws his name from nomi-
nation or is found to be ineligible or dies, we authorize (names and resi-
dences of a committee of not less than five persons) or a majority thereof
as our representatives to fill the vacancy in the manner prescribed by law.



Signatures of
Nominators

(To be signed in person
with name as regis-
tered)



Residence
January 1, 19 .

(If registered after above
date, residence when
registered)



Ward



Pre-
cinct



Present Residence



24



MUNICIPAL REGISTER



The Commonwealth of Massachusetts
Suffolk, ss. Boston, 19 .

The undersigned, being the circulator or circulators of this sheet,
severally certify, under the pains and penalties of perjury, that the persons
whose names are written upon the lines the numbers of which appear
opposite our signatures below, signed the same in person.



Names and Addbebses of Persons

ClECULATING ThIS ShEET


Numbers of Lines Upon Which
Appear Signatures as to Which


Name


Address


Certification is Made Hereby









(Add here or at some other convenient place on the nomination petition
sheet the following.)
I hereby accept the nomination.



This nomination petition sheet filed by



Signature of Candidate
Signature of Filer



Number Street City

Every nomination petition sheet shall, before issuance, be prepared by
the election commission by printing or inserting thereon the matter re-
quired by the first two paragraphs of the foregoing form. Not more than
three hundred nomination petition sheets shall be issued to any candidate
for nomination to the office of mayor under Plan A; not more than one
hundred and fifty such sheets shall be issued to any candidate for nomi-
nation to the office of city councillor under Plan A or D; and not more
than two hundred such sheets shall be issued to any candidate for nomi-
nation to the office of school committeeman under Plan A or D. No
nomination petition sheet shall be received or be valid unless prepared and
issued by the election commission ; nor shall any such sheet be received or
be valid unless the written acceptance of the candidate thereby nomi-
nated is endorsed thereon, anything in section three A of chapter fifty
of the General Laws to the contrary notwithstanding.

Sect. 56. The nomination piBtition shall be signed, in the case of a
candidate for mayor, by at least three thousand registered voters of the
city qualified to vote for such candidate at the preliminary election, in the
case of a candidate for city councillor, by at least fifteen hundred registered
voters of the city qualified to vote for such candidate at such election,
and, in the case of a candidate for school committeeman, by at least two
thousand registered voters of the city qualified to vote for such candidate
a.t such election.



CITY CHARTER WITH AMENDMENTS 25

Every voter signing a nomination petition shall sign in person, with his
name as registered, and shall state his residence on January first preceding,
or his residence when registered if subsequent thereto, and the place
where he is then living, with the street and number, if any; but any voter
who is prevented by physical disability from writing may authorize
some person to write his name and residence in his presence. No voter
may sign as petitioner more than one nomination petition for the office
of mayor, nor more than nine nomination petitions for the office of city
councillor, nor more than five nomination petitions for the office of school
committeeman. If the name of any voter appears as petitioner on more
nomination petitions for an office than prescribed in this section, his name
shall, in determining the number of petitioners, be counted, in the case
of the office of mayor, only on the nomination petition sheet bearing his
name first filed with the election commission, in the case of the office of
city councillor, only on the nine nomination petition sheets bearing his
name first filed with said commission, and, in the case of the office of
school committeeman, only on the five nomination petition sheets bearing
his name first filed with said commission. If the name of any voter
appears as petitioner on the same nomination petition more than once,
it shall be deemed to appear but once. The signature of any petitioner
which is not certified by the circulator of the sheet as provided in the


2 4 5 6 7 8 9 10 11 12 13 14 15 16

Online LibraryBoston (Mass.)Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .. (Volume 1963) → online text (page 2 of 16)