There shall be a mayor, elected by and from the qualified voters
of the city. He shall hold office for the term of four (4) years from
the first Sunday in January following the election and until his successor
is qualified. The mayor shall receive for his services such salary
as the city council shall, by ordinance, determine and he shall receive
no other compensation from the city. No increase or reduction in the
salary of the mayor shall take effect during the year in which such
increase or reduction is voted, and no change in such salary shall
be made between the election of a new council and the qualification
of the new council.
The executive powers of the city shall be vested solely in the
mayor and may be exercised by him either personally or through the
several officers or boards in their respective departments, under
his general supervision and control. The mayor shall cause the laws,
ordinances and orders from the government of the city to be enforced
and shall cause a record of all his official acts to be kept.
The mayor shall appoint, subject to confirmation by a majority
vote of all the member of the city council, all department heads and
members of municipal boards except those for whom some other method
of appointment is provided by the charter or by law, members of the
school committee and officials appointed by the governor. Such persons
shall hold office for the term for which they were appointed and until
their successors are appointed, confirmed and qualified.
The mayor may, with the approval of a majority of the members
of the city council, remove the head of a department or member of
a board before the expiration of his term of office, except members
of the school committee and officials appointed by the governor. The
person shall receive a copy of the reasons for his removal, and he
may, if he desires, request a hearing on the matter before the city
council. He may be represented by counsel at the hearing. The city
council shall request the mayor to appear at said hearing.
Whenever a vacancy in the office of the head of any department
appointed by the mayor occurs, whether by reason of disability, death,
resignation, or removal from office for any reason, the mayor may
appoint the head of another city office or agency, or a city officer
or employee, or some other person to perform the duties of the office
for a period not to exceed three (3) months. Whenever a vacancy continues
beyond three (3) months, the mayor may make a second three-month appointment,
but no temporary appointment shall be continued beyond six (6) months
without the approval of the city council. Any such appointee shall
exercise all the rights and powers of the office including compensation,
shall perform all the duties and responsibilities of the office and
shall be sworn to the faithful discharge of his duties.
If the mayor is absent or unable from any cause temporarily
to perform his duties, such duties shall be performed by the president
of the city council. The person upon whom such duties shall evolve
shall be called "acting mayor" and he shall possess the powers of
mayor only in matters not admitting delay, but shall have no power
to make permanent appointments.
If a vacancy occurs in the office of mayor by death, removal
or resignation at any time during the first three (3) years of the
term ending December thirty-first, the city clerk shall forthwith
order an election to fill such vacancy for the remainder of the unexpired
term.
If vacancy occurs during the last year of the term beginning
January first, a meeting of the city council shall be called by the
city clerk, forthwith, and the city council shall elect, by majority
vote of all members of the city council, one of its members as mayor
for the remainder of the unexpired term. If the city council fails
so to elect at said meeting or within thirty (30) days thereafter,
the president of the city council shall become acting mayor; providing
however that if the president declines to serve as mayor the city
councillor with the greatest number of years of service on the city
council shall become mayor. Upon the qualification of any city councillor
as mayor under the provisions of this section, he shall exercise all
the rights and powers of mayor including compensation and shall be
sworn to the faithful discharge of his duties and a vacancy shall
exist in his seat on the city council.
The mayor, when requested by the city council to be present
at a council meeting to answer questions relative to matters properly
within the jurisdiction of the council, shall be informed, in writing,
of the subject matter to be discussed. The mayor shall personally,
or through the 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 any questions relating to
any other matter. The mayor may attend and address the city council
in person or through the head of a department, or a member of the
board, upon any subject.
Every measure relative to the affairs of the city adopted by
the city council, except such measures as relate to the internal affairs
of the city council, the election of officers whose election by the
city council is authorized by law or by the charter, or budgets submitted
under section thirty-two of chapter forty-four of the General Laws
or to appropriations by the city council under section thirty-three
of said chapter, shall be presented to the mayor for his approval.
If the mayor does approve it, he shall signify his approval by signing
it. If he does not approve of it, he shall return it, with his objections
in writing, to the city council. The city council shall enter the
objections of the mayor upon its records and shall again consider
the measure. If the city council, notwithstanding such disapproval
of the mayor, shall pass such measure by a two-thirds vote of all
its members, it shall be considered approved and shall then be in
force, but such vote shall not be taken for at least seven (7) days
after the measure has been returned to the city council. If any measure
is not returned by the mayor within ten (10) days following the date
it is presented to him, it shall be considered approved. A filing
with the clerk of the council shall be considered a return by the
mayor to the city council. All votes taken on measures returned by
the mayor shall be by roll call.
The mayor may at any time call a special meeting of the city
council by causing a notice of such meeting, specifying the matters
which he desires to be considered, to be delivered in hand or to the
place of residence of each councillor. Public notice of said meeting
shall be posted at least forty-eight (48) hours in advance of the
time set for such meeting; however, in the event of an emergency,
of which the mayor shall be the judge, a lessor period shall suffice
and no other business except as provided shall be in order.
The civil service laws shall not apply to the appointment of
the mayor's secretaries or of the stenographers, clerks, administrative
assistant, and other employees in the mayor's office, and the
mayor may remove such appointees without a hearing and without making
a statement of the cause of their removal.
All contracts made by any department, board or commission where
the amount involved is two thousand dollars ($2,000.00) or more shall
be in writing, and no such contract shall be deemed to have been made
or executed until the approval of the mayor is affixed thereto. Any
construction contract shall, and all other contracts may, where the
amount exceeds five thousand dollars ($5,000.00) be required to be
accompanied by a bond with sureties satisfactory to the mayor or by
a deposit of money, certified check or other security for the faithful
performance thereof, and such bonds or other securities shall be deposited
with the city treasurer until the contract has been carried out in
all respects; and no such contract shall be altered except by a written
agreement of the contractor, the sureties on his bond, if any, and
the officer, department or board, as the case may be, making the contract,
with the approval of the mayor affixed thereto. Any cash deposit or
check payable to a city received as security for performance under
this section may be deposited by said treasurer in any bank or trust
company under a separate account to be known as a performance deposit
account.
The provisions of this section shall be deemed to have been
complied with on all purchases made under the provisions of sections
twenty-two A and twenty-two B of chapter seven of the General Laws
when one municipality acting on behalf of other municipalities complies
with the provisions of this section, or when purchases are made for
a vendor holding a contract with the commonwealth for the item or
items being purchased.
