(a)
Mayor, qualifications - The chief executive officer of the city shall
be a mayor, elected by and from the voters of the city at large. Any
voter shall be eligible to hold the office of mayor. The mayor shall
devote full time to the office and shall not hold any other elective
public office, nor shall the mayor be actively engaged in any other
business, occupation or profession during the period of service as
mayor.
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<[Subsection (b) effective until 11-4-2025. For text effective 11-4-2025, see below.]>
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(b)
Term of office - The term of office of the mayor shall be two years
beginning on the first Monday of January following the biennial city
election at which chosen and until a successor is qualified.
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<[Subsection (b) as amended by Ch. 48 of the Acts of 2023 (Section 5), approved 11-7-2023, effective 11-4-2025. For text effective until 11-4-2025, see above.]>
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(b)
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Term of office - The term of office of the mayor shall be 4
years beginning on the first Monday of January following the regular
municipal election at which chosen and until a successor is qualified.
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<[Subsection (c) effective until 11-4-2025. For text effective 11-4-2025, see below.]>
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(c)
Compensation - The city council shall, by ordinance, establish an
annual salary for the mayor. No ordinance increasing or decreasing
the salary of the mayor shall be effective unless it shall have been
adopted in the first 12 months of the term for which the mayor is
elected and it provides that such salary is to become effective in
January of the year following the next regular municipal election
that includes the election of a mayor.
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<[Subsection (c) as amended by Ch. 48 of the Acts of 2023 (Section 6), approved 11-7-2023, effective 11-4-2025. For text effective until 11-4-2025, see above.]>
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(c)
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Compensation - The city council shall, by ordinance, establish
an annual salary for the mayor. No ordinance increasing or decreasing
the salary of the mayor shall be effective unless it shall have been
adopted in the first 36 months of the term for which the mayor is
elected and it provides that such salary is to become effective in
January of the year following the next regular municipal election
that includes the election of a mayor.
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The executive powers of the city shall be vested solely in the
mayor and may be exercised by the mayor either personally or through
the several city agencies under the general supervision and control
of the office of the mayor. The mayor shall cause the charter, laws,
ordinances and other orders for the government of the city to be enforced
and shall cause a record of all official acts of the executive branch
of the city to be kept.
The mayor shall exercise a general supervision and direction
over all city agencies, unless otherwise provided by law, by this
charter or by ordinance. Each city agency shall furnish to the mayor,
forthwith upon request, any information, materials or otherwise as
the mayor may request and as the needs of the office and the interest
of the city may require.
The mayor shall be the chief procurement officer for the city
responsible for buying, purchasing, renting, leasing, or otherwise
acquiring all supplies and all services for all departments and all
activities of the city and including all functions that pertain to
the obtaining of a supply or a service, including description of requirements,
selection and solicitation of sources, preparation and award of all
contracts and all phases of contract administration. The mayor may
delegate all or any portion of such powers and duties to a subordinate
officer, but no such delegation shall in any way absolve the mayor
from the ultimate responsibility for all procurement activities.
The mayor shall supervise, direct and be responsible for the
efficient administration of all city activities and functions placed
under the control of the mayor by law, by this charter, by ordinance
or otherwise. The mayor shall be responsible for the efficient and
effective coordination of the activities of all agencies of the city
of Beverly and for this purpose shall have authority consistent with
law to call together for consultation, conference and discussion at
all reasonable times all persons serving the city, whether elected
directly by the voters, chosen by persons elected directly by the
voters, or otherwise.
The mayor shall hold no other city office or city employment
for which a salary or other emolument is payable from the city treasury.
No former mayor shall hold any compensated appointed city office or
city employment until one year following the date on which such former
mayor's city service has terminated.
The mayor shall appoint, subject to the review of such appointments by the city council as provided in section 2-10, all city officers, department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by this charter, excepting only persons serving under the school committee, and persons serving under the city council. Except as may otherwise be required by the civil service law, appointments made by the mayor shall be for periods not to exceed 3 years; provided, however, that the mayor may appoint the head of a department related to the public safety for a term of not less than 3 years nor more than 5 years. The mayor may suspend or remove any person appointed by the mayor in accordance with the procedure established in section 3-4. The decision of the mayor in suspending or removing a department head shall be final.
All persons categorized as department heads shall, subject to the consent of the mayor, appoint all assistants, subordinates and other employees of the agency for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the agency for which such person is responsible in accordance with the procedures established in section 8-14.
(a)
In general - The mayor may, in writing, remove or suspend any city
officer, member of a multiple-member body, or the head of any city
department appointed by the mayor by filing a written statement, with
the city clerk, setting forth in precise detail the specific reasons
for such removal or suspension. A copy of the written statement shall
be delivered in hand, or mailed by certified mail, postage prepaid,
to the last known address of the said city officer, member of a multiple-member
body or head of a department. The said city officer, member of a multiple-member
body or head of a department may make a written reply by filing such
a reply statement, with the city clerk, within 10 days following the
date the statement of the mayor has been filed but such reply shall
have no effect upon the removal or suspension unless the mayor shall
so determine. The said city officer, member of a multiple-member body
or head of a department may request permission to appear at a public
meeting of the city council to read the written reply concerning removal
or suspension. If permission for said city officer, member of a multiple-member
body or head of a department to attend a meeting of the city council
is granted for such purpose, the mayor may attend the same meeting
to read the statement of removal or suspension filed by the mayor
in the first instance. The city council shall have no authority to
vote or otherwise express its views concerning such removal or suspension.
(b)
Public safety - The mayor may, in writing, remove or suspend the
head of any city department relating to the public safety appointed
by the mayor by filing a written statement, with the city clerk, setting
forth in precise detail the specific reasons for such removal or suspension.
A copy of the written statement shall be delivered in hand, or mailed
by certified mail, postage prepaid, to the last known address of the
said head of a department. The said city officer or head of a department
may make a written reply by filing such a reply statement, with the
city clerk, within 10 days following the date the statement of the
mayor has been filed but such reply shall have no effect upon the
removal or suspension unless the mayor shall so determine. The said
city officer or head of a department may request permission to appear
at a public meeting of the city council to contest the decision of
the mayor concerning a removal from office and to read the written
reply filed with the city clerk concerning such removal. If permission
for said head of a department to attend a meeting of the city council
is granted for such purpose, the mayor may attend the same meeting
to read the statement of removal filed by the mayor in the first instance.
The city council shall have the authority to vote to approve or disapprove
of the action of the mayor, but it shall have no other power to otherwise
express its views concerning such removal or suspension. The removal
shall not take effect unless at least 5 members of the city council
shall vote to confirm the action of the mayor.
Whenever a vacancy, either temporary or permanent, occurs in
a city office and the needs of the city require that such office be
filled, the mayor may designate the head of another city agency or
a city officer or city employee, or some other person to perform the
duties of the office on a temporary basis until such time as the position
can be filled as otherwise provided by law, by this charter or by
ordinance. The mayor shall file a certificate in substantially the
following form, with the city clerk, whenever a person is designated
under this section:
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I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that said person is qualified to perform the duties which
will be required and that I make this designation solely in the interests
of the city of Beverly.
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(signed)
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Mayor
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Persons serving as temporary officers under the authority of
this section shall have only those powers of the office indispensably
essential to the performance of the duties of the office during the
period of such temporary appointment and no others. In the case of
a temporary vacancy, no temporary appointment shall be for more than
60 days, which may be extended for 1 30-day period. When a permanent
vacancy exists in the office, the initial appointment shall be for
not more than 60 days, which may be extended for not more than 3 30-day
periods.
(a)
Communications to the City Council - Within 6 weeks following the
start of each fiscal year, the mayor shall submit to the city council,
and make available for public distribution, a complete report on the
financial and administrative activities of the city for the preceding
fiscal year. The mayor shall, from time to time throughout the year,
by written communications, recommend to the city council for its consideration
such measures as, in the judgment of the mayor, the needs of the city
require. The mayor shall, from time to time throughout the year, but
at least quarterly, by written communications, keep the city council
fully informed of the financial and administrative condition of the
city and shall specifically indicate in any such reports any fiscal,
financial or administrative problems of the city.
(b)
Special meetings of the City Council - The mayor may at any time
call a special meeting of the city council, for any purpose, by causing
a notice of such meeting to be delivered in hand or to the residence
of or by electronic mail to each member of the city council. Such
notice shall, except in an emergency of which the mayor shall be the
sole judge, be delivered at least 48 weekday hours in advance of the
time set and shall specify the purpose or purposes for which the meeting
is to be held. A copy of each such notice shall, forthwith, be posted
on the city bulletin board.
Every order, ordinance, resolution or vote adopted or passed
by the city council relative to the affairs of the city, except memorial
resolutions, the selection of city officers by the city council and
any matters relating to the internal affairs of the city council,
shall be presented to the mayor for approval. If the mayor approves
of the measure, the mayor shall sign it. If the mayor disapproves
of the measure, the mayor shall return the measure, with the specific
reason or reasons for such disapproval attached thereto, in writing,
to the city council. The city council shall enter the objections of
the mayor on its records and not sooner than 10 days, nor after 30
days from the date of its return to the city council, shall again
consider the same measure. If the city council, notwithstanding such
disapproval, by the mayor, shall again pass the order, ordinance,
resolution or vote by a two-thirds vote of the full council, it shall
then be deemed in force, notwithstanding the failure of the mayor
to approve the same. If the mayor has neither signed a measure nor
returned it to the city council within 10 days following the date
it was presented to the mayor, the measure shall be deemed approved
and in force.
(a)
Acting Mayor - Whenever, the mayor shall be unable to perform the
duties of the office for a period of 5 days or more, the president
of the city council shall be the acting mayor. If the city council
president is unwilling or unable to serve, the councilor-at-large
with the second highest number of votes in the most recent regular
municipal election shall serve as acting mayor, and if said councilor
is unwilling or unable to serve, the councilor-at-large with the third
highest number of votes in the most recent regular municipal election
shall serve as acting mayor. If none of the councilors-at-large are
willing or able to serve as mayor, the council shall elect from among
its membership a councilor to serve as acting mayor.
The mayor shall, by a letter filed with the city council and
a copy filed with the city clerk, designate a qualified city officer
or city employee to exercise the powers and perform the duties of
the office during the temporary absence of the mayor for periods of
less than 5 days and to serve only when the needs of the city require
and only to the extent necessary under the then circumstances.
(b)
Powers of Acting Mayor - The acting mayor shall have only those powers
of the mayor as may be necessary to the conduct of the business of
the city in an orderly and efficient manner and which may not be delayed.
The acting mayor shall have no authority to make any permanent appointment
or removal from city service unless the mayor's inability to
serve shall extend beyond 60 days nor shall an acting mayor approve
or disapprove of any measure adopted by the city council unless the
time within which the mayor must act would expire before the return
of the mayor. During any period in which any member of the city council
is serving as acting mayor, such councilor shall not vote as a member
of the city council.
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<[Subsection (a) effective until 11-4-2025. For
text effective 11-4-2025, see below.]>
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(a)
Special
election - If a vacancy in the office of mayor occurs in the first
15 months of the term for which the mayor is elected, except for a
vacancy as the result of a recall, the city council shall forthwith
order a special election, to be held within 90 days following the
date the vacancy is created, to fill such vacancy for the balance
of the concluding term.
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<[Subsection (a) as amended by Ch. 48 of the Acts of 2023 (Section 7), approved 11-7-2023, effective 11-4-2025. For text effective until 11-4-2025, see above.]>
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(a)
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Special election - If a vacancy in the office of mayor occurs
in the first 39 months of the term for which the mayor is elected,
except for a vacancy as the result of a recall, the city council shall
forthwith order a special election, to be held within 90 days following
the date the vacancy is created, to fill such vacancy for the balance
of the concluding term.
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<[Subsection (b) effective until 1-5-2026. For text effective 1-5-2026, see below.]>
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(b)
Council election - If a vacancy in the office of mayor occurs in the last 9 months of the term for which the mayor is elected, whether by reason of death, resignation, removal from office or otherwise, the president of the city council shall become the mayor. If the city council president is unwilling or unable to serve, the vacancy shall be filled in the manner set forth in section 3-8(a). Upon the qualification of the president of the city council other councilor-at-large or ward councilor as the mayor under this section, a vacancy shall exist in that council seat on the city council, which shall be filled in the manner provided in section 2-11.
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<[Subsection (b) as amended by Ch. 48 of the Acts of 2023 (Section 8), approved 11-7-2023, effective 1-5-2026. For text effective until 1-5-2026, see above.]>
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(b)
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Council election - If a vacancy in the office of mayor occurs after the thirty-ninth month, the president of the city council shall become the mayor. If the city council president is unwilling or unable to serve, the vacancy shall be filled in the manner set forth in section 3-8(a). Upon the qualification of the president of the city council other councilor-at-large or ward councilor as the mayor under this section, a vacancy shall exist in that council seat on the city council, which shall be filled in the manner provided in section 2-11.
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(d)
Powers; term of office - The mayor elected under section 3-9(a) or (b) shall have all the powers of the mayor. A person elected pursuant to section 3-9(a) shall serve for the balance of the concluding term at the time of election to the office. A person chosen pursuant to section 3-9(b) shall serve until the time of the next regular municipal election at which time the person elected as mayor shall forthwith be certified by the city clerk and shall serve for the balance of the concluding term, in addition to the term to which such person was elected.
