City Plans

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The Massachusetts Legislature created 6 "plans" or models for a city form of government. After the passage of the Home Rule Amendment many cities abandoned these plans and adopted home rule or special act charters. Some cities still operate using these plans.

1 Plan A: Mayor and City Council are elected at large
2 Plan B: Mayor and City Council are elected by district and at large
3 Plan C: Commission form of government
4 Plan D: Mayor, City Council and City Manager
5 Plan E: City Council, elected at large, elects the Mayor and a City Manager is appointed
6 Plan F: Partisan Mayor and City Councilors elected by wards and at large
7 Notes

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Plan A: Mayor and City Council are elected at large

Section 46. Plan A. The method of city government provided for in the ten following sections shall be known as Plan A.

Section 47. Effective date of plan. Upon the adoption of Plan A, it shall become operative as provided in sections one to forty-five, inclusive.

Section 48. Mayor as chief executive officer; term of office. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday of January following his election, and until his successor is qualified.

Section 49. Party designations on ballots prohibited. No ballot used at any annual, biennial or special city election shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything showing how he was nominated or indicating his views or opinions.

Section 50. City council; number; election; tenure. The legislative powers of the city shall be vested in a city council, consisting of nine persons, elected at large by and from the qualified voters of the city. One of its members shall be elected by the council annually as its president. At the first election held in a city after its adoption of Plan A, except as otherwise provided in this section, the five candidates receiving the largest number of votes shall hold office for two years, and the four receiving the next largest number of votes shall hold office for one year. Thereafter, as these terms expire, there shall be elected at each annual city election a sufficient number of members to fill the vacancies created by the expiration of said terms, each member so elected to serve for two years.

If the plan adopted provides for elections to be held biennially, at the first regular municipal election held under the provisions of such plan and at each biennial election thereafter, there shall be elected nine members of the city council to serve for two years from the first day of January following their election and until their successors are qualified.

Section 50A. City council; filling vacancies in. Vacancies in the city council shall be filled by the remaining members thereof for the remainder of the unexpired term.

Section 51. Repealed, 1952, 259, Sec. 3.

Section 52. Appointments of employees by mayor without confirmation. Upon the adoption of Plan A, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by vote of the people, as their terms of office expire, shall be appointed by the mayor without confirmation by the city council.

Section 53. Certificate of appointment. In making his appointments the mayor shall sign and file with the city clerk a certificate in the following form: Certificate of Appointment

I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion he is a recognized expert in the work which will devolve upon him, and that I make the appointment solely in the interest of the city.

Mayor

or in the following form, as the case may be:

Certificate of Appointment

I appoint (name of appointee) to the position of (name of office), and I certify that in my opinion he is a person specially fitted by education, training or experience to perform the duties of said office, and that I make the appointment solely in the interest of the city. Mayor

Section 54. Removal of officials; exceptions. The mayor may remove the head of a department or member of a board by filing a written statement with the city clerk setting forth in detail the specific reasons therefor, a copy of which shall be delivered or mailed to the person thus removed, who may make a written reply, which, if he desires, may be filed with the city clerk; but such reply shall not affect the action taken unless the mayor so determines. This section shall not apply to the school committee, or to officials appointed by the governor, or to assessors if elected by the people.

Section 55. Approval or veto by mayor of orders, ordinances, etc.; overriding veto. Every order, ordinance, resolution and vote relative to the affairs of the city, adopted or passed by the city council, shall be presented to the mayor for his approval. If he approves it he shall sign it; if he disapproves it he shall return it, with his written objections, to the city council, which shall enter the objections at large on its records, and again consider it. If the city council, notwithstanding such disapproval of the mayor, shall again pass such order, ordinance, resolution or vote by a two thirds vote of all its members, it shall then be in force, but such vote shall not be taken for seven days after its return to the city council. Every such order, ordinance, resolution and vote shall be in force if not returned by the mayor within ten days after it has been presented to him. This section shall not apply to budgets submitted under section thirty-two of chapter forty-four or to appropriations by a city council under section thirty-three of said chapter. ^[1]

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Plan B: Mayor and City Council are elected by district and at large

Section 56. Plan B. The method of city government provided for in the eight following sections shall be known as Plan B.

Section 57. Operative date of plan. Upon the adoption by a city of Plan B, it shall become operative as provided in sections one to forty-five, inclusive.

Section 58. Mayor as chief executive officer; election; tenure. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday in January following his election and until his successor is qualified.

Section 59. City council; number; election; tenure. The legislative powers of the city shall be vested in a city council. One of its members shall be elected by the council annually as its president. In cities having more than seven wards, the city council shall be composed of fifteen members, of whom one shall be elected from each ward by and from the qualified voters of that ward, and the remaining members shall be elected by and from the qualified voters of the city. In cities having seven wards or less, the city council shall be composed of eleven members, of whom one shall be elected from each ward by and from the qualified voters of that ward, and the remaining members shall be elected by and from the qualified voters of the city.

At the first regular municipal election held in a city after its adoption of Plan B, except as otherwise provided in this section, the councillors elected from each ward shall be elected to serve for one year, and those elected at large shall be elected to serve for two years, from the first Monday in January following their election and until their successors are qualified; and at each regular municipal election thereafter the councillors elected to fill vacancies caused by the expiration of the terms of councillors shall be elected to serve for two years.

If the plan adopted provides for elections to be held biennially, at the first regular municipal election held under the provisions of such plan and at each biennial election thereafter, all the councillors whether elected at large or by wards shall be elected to serve for two years from the first day of January following their election and until their successors are qualified.

Section 59A. Vacancies in office of mayor and council; procedure for filling. If a vacancy occurs in the office of mayor by death, removal or resignation at any time during the first year 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 a vacancy occurs during the second year of the term beginning January first, a meeting of the city council shall be called by the city clerk and the city council shall elect by majority vote 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 days thereafter, the president of the city council shall become acting mayor, shall exercise all the rights and powers of mayor and shall be sworn to the faithful discharge of his duties.

If a vacancy occurs at any time in the office of a councillor elected by and from the qualified voters of the city, such vacancy shall be filled forthwith by a majority vote of all the remaining members of the city council for the remainder of the unexpired term.

If a vacancy occurs, before the last six months of the term, in the office of a councillor elected by and from the voters of a ward, the city council shall forthwith order an election to fill such vacancy for the remainder of the unexpired term.

Section 60. Appointments by mayor subject to confirmation; exceptions. Upon the adoption of Plan B, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by the people, as their terms of office expire, shall be appointed by the mayor, subject to confirmation by the city council; but the city solicitor shall be appointed, and may be removed, by the mayor, without confirmation by the city council. This section shall apply to the city solicitor in office when Plan B becomes operative.

Section 61. Removals. 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, officials appointed by the governor, and assessors if elected by the people. The person so removed shall receive a copy of the reasons for his removal, and he may, if he desires, contest the same before the city council. He may be represented by counsel at the hearing.

Section 62. Repealed, 1952, 259, Sec. 3.

Section 63. Approval and veto offer of mayor. Section fifty-five shall apply to cities which adopt Plan B. ^[2]

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Plan C: Commission form of government

Section 64. Plan C. The method of city government provided for in the fourteen following sections shall be known as Plan C.

Section 65. Effective date of plan adopted. Upon the adoption by a city of Plan C, it shall become operative as provided in sections one to forty-five, inclusive.

Section 66. City council; powers and duties. The government of the city and the general management and control of all of its affairs shall be vested in a city council, which shall be elected and shall exercise its powers in the manner hereinafter set forth; except that the general management and control of the public schools of the city and of the property pertaining thereto shall be vested in the school committee.

Section 67. Membership; duties of individual commissioners; tenure. The city council shall consist of the following five members: a mayor, who shall be the commissioner of administration; a commissioner of finance; a commissioner of health; a commissioner of public works and a commissioner of public property. Each commissioner shall have charge of the department of city affairs indicated by his official title, except as to the affairs and property of the city which are within the jurisdiction of the school committee. All of these officers shall be elected by and from the qualified voters of the whole city for terms of two years, except as hereinafter provided.

In case of a difference of opinion as to the departments to be in charge of any one or more of the commissioners, the matter shall be determined by vote of a majority of all the commissioners.

Section 68. Terms of office. The terms of office of the members of the council shall commence at ten o’clock in the forenoon of the first Monday in January following their election and shall be for two years each, and until their successors are qualified; provided, that, if the plan adopted provides for elections to be held annually, the terms of office of the commissioner of administration, of the commissioner of finance and of the commissioner of health elected at the first regular election held under such plan shall be for two years, and the terms of office of the commissioner of public works and of the commissioner of public property so elected shall be for one year.

Section 69. Organization; oath of office. The city council elected as aforesaid shall meet at ten o’clock in the forenoon on the first Monday of January in each year, and the members of the city council whose terms of office then begin shall severally make oath, before the city clerk or a justice of the peace, to perform faithfully the duties of their respective offices. The city council shall thereupon be organized by the choice of a president, who shall hold his office during the pleasure of the city council. The president of the city council shall be any member thereof, except the mayor. The organization of the city council shall take place as aforesaid, notwithstanding the absence, death, refusal to serve, or non-election of the mayor or of one or more of the four other members; provided, that at least three of the persons entitled to be members of the city council are present and make oath as aforesaid. Any member-elect, not present at the time fixed therefor, may make oath at any time thereafter.

Section 70. Meetings. The city council shall fix suitable times for regular meetings. The mayor, the president of the city council or any two members thereof may at any time call a special meeting by causing a written notice, stating the time of holding such meeting and signed by the person calling the same, to be delivered in hand to each member, or left at his usual dwelling place, at least six hours before the time of such meeting. Meetings of the city council may also be held at any time when all the members of the council are present and consent thereto.

Section 71. Quorum; open and public meetings; duties of city clerk; method of voting. A majority of the members of the city council shall constitute a quorum. Except as otherwise authorized by section twenty-three A of chapter thirty-nine, all meetings of the city council shall be public; and the mayor, if present, shall preside and may vote. In the absence of the mayor the president of the city council shall preside, and in the absence of both, a temporary chairman shall be chosen. The city clerk shall be, ex officio, clerk of the city council, and shall keep records of its proceedings; but in case of his temporary absence, or of a vacancy in the office, the city council may elect by ballot a temporary clerk, who shall be sworn to the faithful discharge of his duties and may act as clerk of the city council until a city clerk is qualified. All final votes of the city council involving the expenditure of fifty dollars or more shall be by yeas and nays and be entered upon the records. On the request of one member any vote shall be by yeas and nays and be entered upon the records. The affirmative vote of at least three members shall be necessary for the passage of any order, ordinance, resolution or vote.

Section 72. Powers and duties. The city council shall have and exercise all the legislative powers of the city, except as such powers are reserved to the school committee and to the qualified voters of the city herein and in sections one to forty-five, inclusive, and the city council and its members shall, severally or collectively, have and possess, and shall themselves or through such officers as they may elect or appoint, exercise all the other powers, rights and duties had, possessed or exercised, immediately prior to the adoption of this plan, by the mayor, board of aldermen, common council, and all other boards, commissions and committees of the city and their members, severally or collectively, except such as are in sections one to forty-five, inclusive, conferred upon the school committee, or are otherwise provided for in sections sixty-four to seventy-eight, inclusive.

Section 73. Methods of action; itemization of appropriations. In legislative session, the city council shall act by ordinance, resolution, order or vote.

The yeas and nays shall be taken upon the passage of all ordinances and resolutions, and entered upon the journal of its proceedings. Upon request of any member, the yeas and nays shall be taken and recorded upon any order or vote. Every ordinance, resolution, order or vote passed by the city council shall, except as is hereinafter provided, require on final passage the affirmative vote of a majority of the members of the city council.

All votes making appropriations of money or authorizing loans shall be in itemized form.

Section 74. Mayor; status; powers and duties; acting mayor. The mayor shall be the chief executive officer of the city, commissioner of administration and, ex officio, chairman of the school committee. When present, he shall preside at all meetings of the city council and of the school committee and at all joint conventions thereof.

He may vote on all questions coming before the city council, but shall have no power of veto.

He shall have such other duties, rights and powers as may be provided by ordinance, not in conflict with this chapter.

During the absence or inability of the mayor to act, the commissioner of finance shall, as acting mayor, assume the duties and exercise all the rights and powers of the mayor. In the absence or inability so to act of the commissioner of finance the city council may select another commissioner from their number to perform the duties of acting mayor.

Section 75. Distribution of executive powers; determination of policies. All executive and administrative powers, authorities and duties, not otherwise provided for in this chapter, shall be assigned to a suitable department by the city council by ordinance, and changes in the assignments may be made by ordinance by the affirmative vote of three members of the city council, or by the qualified voters of the city upon initiative petition.

The city council shall determine the policies to be pursued and the work to be undertaken in each department, but each commissioner shall have full power to carry out the policies or to have the work performed in his department as directed by the city council.

Section 76. Appointment and removal of department heads. Each commissioner may, except as is otherwise provided herein, appoint a qualified person to serve as the head of each of the departments under his charge and may remove him for cause stated in the order of removal. All appointments and removals so made shall be subject to confirmation by the city council. The employees in each department shall be appointed and removed by the head of that department. This section shall not affect the laws governing the civil service.

Section 77. Department records; publication of reports. Each of said commissioners shall keep a record book in which shall be recorded a brief but clear and comprehensive record of all affairs of the department under his charge as soon as performed, and shall quarterly render to the city council a full report of all operations of his department, and shall annually, and oftener if required by the city council, make a synopsis thereof for publication. All such records shall be open to public inspection. The city council shall provide for the publication of such annual or other reports, and of such parts of the quarterly reports, or of such other information regarding city affairs as it may deem advisable.

Section 78. Repealed, 1952, 259, Sec. 3. ^[3]

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Plan D: Mayor, City Council and City Manager

Section 79. Plan D; effective date. The method of city government provided for in the following fourteen sections shall be known as Plan D. Upon the adoption by a city of Plan D, it shall become operative as provided in sections one to forty-five, inclusive, except as otherwise provided by the following sections.

Section 80. Definitions. The terms “city clerk” and “registrars of voters” when used in sections seventy-nine to ninety-two A, inclusive, shall have the respective meanings given them by section one of chapter fifty.

Section 81. Management and control of city government by mayor and council, etc.The government of the city and the general management and control of all its affairs shall, except as otherwise provided in this chapter, be vested in a city council, which shall exercise its powers in the manner hereinafter set forth, but subject to sections one to forty-five, inclusive, in so far as not inconsistent; except that the city manager shall have the authority hereinafter specified, and that the general management and conduct of the public schools of the city and of the property pertaining thereto shall be vested in the school committee, and that the city clerk, the city auditor, any official of the city appointed by the governor and any trustees or other officers whose election by the voters of the city is required by the reason of the fact that the city has accepted any gift, devise or bequest shall have the powers and duties which may be conferred and imposed upon them by law.

Section 82. City council, membership; election; terms.The city council shall consist of seven or nine members, as provided in this section, all of whom shall, at each regular municipal election, be elected at large for terms of two years each and shall serve until their successors are qualified. The city council in any city having seven wards or less at the time of adoption of this plan shall be composed of seven members and the city council in any city having more than seven wards at the time of adoption thereof, nine members. Section eight of chapter thirty-nine shall apply to members of the city council.

Section 83. City council; powers and duties; organization; oaths of office.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.

Section 84. Meetings of city council. The city council shall fix suitable times for its regular meetings. The mayor, or any four members of the city council, or any three members thereof in the case of a city council composed of seven members, may at any time call a special meeting by causing written notices, stating the time of holding such meeting and signed by the person or persons calling the same, to be delivered in hand to each member of the city council, or left at his usual dwelling place, at least twelve hours before the time of such meeting. Meetings of the city council may also be held at any time when all the members of the city council are present and consent thereto. Except in the case of executive sessions authorized by section twenty-three A of chapter thirty-nine, all meetings of the city council shall be open to the press and to the public, and the rules of the city council shall provide that citizens and employees of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat.

Section 85. City council; quorum; duties of city clerk; records; procedure. A majority of all the members elected to the city council shall constitute a quorum. The mayor, if present, shall preside at the meetings and may vote. In the absence of the mayor, the vice-chairman of the city council shall preside and, in the absence of both, a temporary chairman shall be chosen, who shall serve during the absence of both the mayor and the vice-chairman. The city clerk shall be, ex officio, clerk of the city council, and shall keep records of its proceedings; but, in case of his absence or disability or of a vacancy in the office, the city council shall elect a temporary clerk, who shall be sworn to the faithful discharge of his duties and shall act as clerk of the city council until the city clerk resumes his duties or a new city clerk is qualified. All final votes of the city council on questions involving the expenditure of fifty dollars or more, or upon the request of any member any vote of the city council, shall be by yeas and nays and shall be entered on the records. The affirmative vote of a majority of all the members elected to the city council shall be necessary for the passage of any order, ordinance, resolution or vote, except that the affirmative vote of a majority of the members present shall be sufficient to adjourn any meeting of the city council.

Section 86. Mayor; powers and duties. The mayor shall be recognized as the official head of the city for all ceremonial purposes and shall be recognized by the courts for the purpose of serving civil process and by the governor for military purposes. In time of public danger or emergency, as determined by the city council, he may, with its consent, take command of the police, maintain order and enforce the laws; and he shall have all the authority and powers conferred upon mayors by sections eighteen and nineteen of chapter thirty-three. He shall be chairman of the city council and chairman of the school committee. He shall have no power to veto but shall have the same powers as any other member of either such body to vote upon all measures coming before it. He shall perform such other duties consistent with his office and with sections seventy-nine to ninety-two A, inclusive, as may be imposed upon him by the city council. During the absence or disability of the mayor, or during the time such office is vacant, his duties shall be performed by the vice-chairman.

Section 87. Repealed, 1952, 259, Sec. 3.

Section 88. Vacancies. Except as provided in this section, a vacancy in any elective body shall be filled for the unexpired term by a majority vote of the remaining members, except that if the remaining members fail to fill such vacancy within thirty days after they shall have been notified by the city clerk that such vacancy exists, such vacancy shall be filled by the appointment of any qualified voter of the city by the mayor, or, if there is no mayor, by the vice-chairman, or the vice-chairman of the school committee, as the case may be.

Section 89. City manager; qualifications; tenure; compensation; removal. The city council shall appoint a city manager who shall be the chief administrative officer of the city and shall be responsible for the administration of all departments, commissions, boards and offices of the city, whether established before its adoption of this plan or thereafter, except that of the city clerk, city auditor, any official appointed by the governor or anybody elected by the voters of the city. He shall be appointed on the basis of his administrative and executive qualifications only, and need not be a resident of the city or the commonwealth when appointed. He shall hold office during the pleasure of the city council and shall receive such compensation as it shall fix by ordinance, but not exceeding ten thousand dollars annually in cities having a population of less than one hundred thousand or twenty thousand dollars annually in cities having a population of one hundred thousand or more. No member of the city council shall during his term of office be chosen as city manager, and no person who has within two years been elected to or served in any elective office in the city or in the county in which the city is located or in the commonwealth shall be chosen as city manager.

The city manager may be removed for cause by the city council, by a two thirds vote to be taken by a call of the yeas and nays entered upon the records of the council, but he shall, prior to his removal, upon his request, be given a written statement of the reasons alleged for his removal and shall have the right to be heard publicly thereon at a meeting of the city council prior to the final vote on the question of his removal, but pending and during such hearing the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the city council. In case of the absence, disability or suspension of the city manager, the city council shall designate the head of some department to perform the duties of city manager during such absence, disability or suspension, and, in case the office of city manager becomes vacant, the city council shall designate the head of some department to serve as acting city manager until a new city manager is appointed.

Section 90. Powers and duties of city manager. Except as otherwise specifically provided in this chapter, it shall be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that within the city the laws of the commonwealth and the ordinances, resolutions and regulations of the city council are faithfully executed; and to make such recommendations to the city council concerning the affairs of the city as may to him seem desirable; to make reports to the city council from time to time upon the affairs of the city; and to keep the city council fully advised of the city’s financial condition and its future needs. He shall prepare and submit to the city council budgets as required of the mayor by section thirty-two of chapter forty-four and, in connection therewith, may, to the extent provided by said section thirty-two in the case of a mayor, require the submission to him, by all departments, commissions, boards and offices of the city, of estimates of the amounts necessary for their expenses. He shall make all appointments and removals in the departments, commissions, boards and offices of the city for whose administration he is responsible, except as otherwise provided in this chapter, and shall perform such other duties as may be prescribed by this chapter or be required of him by ordinance or resolution of the city council. The city manager shall have and possess, and shall exercise, all the powers, rights and duties, other than legislative, had, possessed or exercised, immediately prior to the adoption of this plan, by the mayor, board of aldermen, common council and all other boards, commissions and committees of the city and their members, severally or collectively, except such as are by this chapter conferred upon the school committee or are otherwise provided for thereby.

Section 91. City officers and employees. Upon recommendation of the city manager, the city council may by ordinance establish and provide for such officers and employees as shall be determined necessary for the proper administration of the departments, commissions, boards and offices of the city for whose administration the city manager is responsible, and they shall be appointed and may be removed, by the city manager. The city manager shall report every appointment and removal made by him to the city council at the next meeting thereof following such appointment or removal. The city manager may authorize the head of a department, commission or board, or the holder of an office, for whose administration he is responsible, to appoint and remove subordinates in such department, commission, board or office. All appointments by, or under the authority of, the city manager, if subject to chapter thirty-one and the rules and regulations made under authority thereof, shall be made in accordance therewith, and all other appointments as aforesaid shall be on the basis of executive and administrative ability and training and experience in the work to be performed.

Officers and employees of the city appointed by, or under the authority of, the city manager shall perform the duties required of them by the city manager, under general regulations of the city council. Any violation of this section shall constitute sufficient grounds for removal of any such officer or employee.

Section 92. Interference with city manager by council forbidden; penalty. Neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in that portion of the service of said city for whose administration the city manager is responsible. Except for the purpose of inquiry, the city council and its members shall deal with that portion of the service of the city as aforesaid solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. Any member of the city council who violates, or participates in the violation of, any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both, and upon final conviction thereof his office in the city council shall thereby be vacated and he shall never again be eligible for any office or position, elective or otherwise, in the service of the city.

Section 92A. Solicitation of contributions for political parties, etc., by employees forbidden; penalty.No employee of any department, board or commission of the city shall, directly or indirectly, give, solicit or receive, or in any manner be concerned in giving, soliciting or receiving any assessment, subscription or contribution for any political party or for any candidate for city office. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both, and upon final conviction thereof his office or position in the service of the city shall thereby be vacated and he shall never again be eligible for any office or position, elective or otherwise, in the service of the city. ^[4]

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Plan E: City Council, elected at large, elects the Mayor and a City Manager is appointed

Section 93. Plan E; effective upon adoption. The method of city government provided for in the following twenty-three sections shall be known as Plan E. Upon the adoption by a city of Plan E, it shall become operative as provided in sections one to forty-five, inclusive, except as otherwise provided by the following sections.

Section 94. Definitions. The terms “city clerk” and “registrars of voters” when used in sections ninety-three to one hundred and sixteen, inclusive, shall have the respective meanings given them by section one of chapter fifty.

Section 95. Governing power of city council, etc. The government of the city and the general management and control of all its affairs shall, except as otherwise provided in this chapter, be vested in a city council, which shall exercise its powers in the manner hereinafter set forth, but subject to sections one to forty-five, inclusive, insofar as not inconsistent; except that the city manager shall have the authority hereinafter specified, that the general management and conduct of the public schools of the city and of the property pertaining thereto shall be vested in the school committee, and that the city clerk, the city auditor, any official of the city appointed by the governor and any trustees or other officers whose election by the voters of the city is required by reason of the fact that the city has accepted any gift, devise or bequest shall have the powers and duties which may be conferred and imposed upon them by law.

Section 96. City council; membership; tenure.The city council shall consist of seven or nine members, as provided in this section, all of whom shall, at each regular municipal election, be elected at large for terms of two years each by proportional representation as hereinafter provided and shall serve until their successors are qualified. The city council in any city having seven wards or less at the time of adoption of this plan shall be composed of seven members and the city council in any city having more than seven wards at the time of adoption thereof, nine members. Section eight of chapter thirty-nine shall apply to members of the city council. All trustees or other officers mentioned in section ninety-five shall at each regular municipal election be elected at large for terms of two years each by proportional representation as hereinafter provided.

Section 97. City council; powers and duties; organization. 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. Thereupon 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.

Section 98. Meetings of city council. The city council shall fix suitable times for its regular meetings. The mayor, or the vice-chairman of the city council, or any four members thereof, or any three members thereof in the case of a city council composed of seven members, may at any time call a special meeting by causing written notices, stating the time of holding such meeting and signed by the person or persons calling the same, to be delivered in hand to each member of the city council, or left at his usual dwelling place, at least twelve hours before the time of such meeting. Meetings of the city council may also be held at any time when all the members of the city council are present and consent thereto. Except in the cases of executive sessions authorized by section twenty-three A of chapter thirty-nine, all meetings of the city council shall be open to the press and to the public, and the rules of the city council shall provide that citizens and employees of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat.

Section 99. Quorum; presiding officer; duties of city clerk; voting procedure. A majority of all the members elected to the city council shall constitute a quorum. The mayor, if present, shall preside at the meetings and may vote. In the absence of the mayor, the vice-chairman of the city council shall preside and, in the absence of both, a temporary chairman shall be chosen, who shall serve during the absence of both the mayor and the vice-chairman. The city clerk shall be, ex-officio, clerk of the city council, and shall keep records of its proceedings; but, in case of his absence or disability or of a vacancy in the office, the city council shall elect a temporary clerk, who shall be sworn to the faithful discharge of his duties and shall act as clerk of the city council until the city clerk resumes his duties or a new city clerk is qualified. All final votes of the city council on questions involving the expenditure of fifty dollars or more, or upon the request of any member any vote of the city council, shall be by yeas and nays and shall be entered on the records. The affirmative vote of a majority of all the members elected to the city council shall be necessary for the passage of any order, ordinance, resolution or vote, except that the affirmative vote of a majority of the members present shall be sufficient to adjourn any meeting of the city council.

Section 100. Mayor; official head of city; powers and duties; vice-chairman.The mayor shall be recognized as the official head of the city for all ceremonial purposes and shall be recognized by the courts for the purpose of serving civil process and by the governor for military purposes. In time of public danger or emergency, as determined by the city council, he may, with its consent, take command of the police, maintain order and enforce the laws; and he shall have all the authority and powers conferred upon mayors by sections eighteen and nineteen of chapter thirty-three. He shall be chairman of the city council and chairman of the school committee. He shall have no power to veto but shall have the same powers as any other member of either such body to vote upon all measures coming before it. He shall perform such other duties consistent with his office and with sections ninety-three to one hundred and sixteen, inclusive, as may be imposed upon him by the city council. During the absence or disability of the mayor, or during the time such office is vacant, his duties shall be performed by the vice-chairman. In case, at any time, there shall be neither a mayor nor a vice-chairman, the member of the council senior in length of service, or, if more than one have so served, then the member senior both in age and length of service shall perform the duties of mayor until a new mayor has qualified. The mayor shall have no power of appointment, except of the employees mentioned in section twenty-five and except as provided in section one hundred and two.

Section 101. Repealed, 1952, 259, Sec. 3.

Section 102. Vacancies in elective bodies. Except as provided in this section, a vacancy in any elective body shall be filled in the manner provided in section thirteen of chapter fifty-four A. If, under said section, no regularly nominated candidate of the city council or school committee remains, the vacancy shall be filled for the unexpired term by a majority vote of the remaining members, except that if the remaining members fail to fill such vacancy within thirty days after they shall have been notified by the city clerk that such vacancy exists, such vacancy shall be filled by the appointment of any qualified voter of the city by the mayor, or, if there is no mayor, by the vice-chairman, or if there is no mayor or vice-chairman, by the member of the council or of the school committee, as the case may be, senior in length of service, or, if more than one have so served, then the member senior both in age and length of service.

Section 103. City manager; appointment; qualifications; compensation; removal. The city council shall appoint a city manager who shall be sworn to the faithful performance of his duties and who shall be the chief administrative officer of the city and shall be responsible for the administration of all departments, commissions, boards and officers of the city, whether established before its adoption of this plan or thereafter, except that of the city clerk, city auditor, any official appointed by the governor or any body elected by the voters of the city. He shall be appointed on the basis of his administrative and executive qualifications only, and need not be a resident of the city or commonwealth when appointed. He shall hold office during the pleasure of the city council and shall receive such compensation as it shall fix by ordinance. No member of the city council shall during his term of office be chosen as city manager, and no person who has within two years been elected to or served in any elective office in the city or in the county in which the city is located shall be chosen as city manager.

Before the city manager may be removed, if he so demand, he shall be given a written statement of the reasons alleged for his removal and shall have the right to be heard publicly thereon at a meeting of the city council prior to the final vote on the question of his removal, but pending and during such hearing the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the city council. In case of the absence, disability or suspension of the city manager, the city council shall designate the head of some department to perform the duties of city manager during such absence, disability or suspension, and, in case the office of city manager becomes vacant, the city council shall designate the head of some department to serve as acting city manager until a new city manager is appointed.

Section 104. Powers, rights and duties of city manager. Except as otherwise specifically provided in this chapter, it shall be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that within the city the laws of the commonwealth and the ordinances, resolutions and regulations of the city council are faithfully executed; and to make such recommendations to the city council concerning the affairs of the city as may to him seem desirable; to make reports to the city council from time to time upon the affairs of the city; and to keep the city council fully advised of the city’s financial condition and its future needs. He shall prepare and submit to the city council budgets as required of the mayor by section thirty-two of chapter forty-four and, in connection therewith, may, to the extent provided by said section thirty-two in the case of a mayor, require the submission to him, by all departments, commissions, boards and offices of the city, of estimates of the amounts necessary for their expenses. He shall make all appointments and removals in the departments, commissions, boards and offices of the city for whose administration he is responsible, except as otherwise provided in this chapter, and shall perform such other duties as may be prescribed by this chapter or be required of him by ordinance or resolution of the city council. The city manager shall have and possess, and shall exercise, all the powers, rights and duties, other than legislative, had, possessed or exercised, immediately prior to the adoption of this plan, by the mayor, board of aldermen, common council and all other boards, commissions and committees of the city and their members, severally or collectively, except such as are by this chapter conferred upon the school committee or are otherwise provided for thereby.

Section 105. City officers and employees; appointments and removals. Such officers and employees as the city council, with the advice of the city manager, shall determine are necessary for the proper administration of the departments, commissions, boards and offices of the city for whose administration the city manager is responsible shall be appointed, and may be removed, by the city manager. The city manager shall report every appointment and removal made by him to the city council at the next meeting thereof following such appointment or removal. The city manager may authorize the head of a department, commission or board, or the holder of an office, for whose administration he is responsible, to appoint and remove subordinates in such department, commission, board or office. All appointments by, or under the authority of, the city manager, if subject to chapter thirty-one and the rules and regulations made under authority thereof, shall be made in accordance therewith, and all other appointments as aforesaid shall be on the basis of executive and administrative ability and training and experience in the work to be performed.

Section 106. Officers and employees; regulations; penalty for violations. Officers and employees of the city appointed by, or under the authority of, the city manager shall perform the duties required of them by the city manager, under general regulations of the city council. Any violation of this section shall constitute sufficient grounds for removal of any such officer or employee.

Section 107. Interference with city manager by council forbidden; penalty. Neither the city council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in that portion of the service of said city for whose administration the city manager is responsible. Except for the purpose of inquiry, the city council and its members shall deal with that portion of the service of the city as aforesaid solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. Any member of the city council who violates, or participates in the violation of, any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both, and upon final conviction thereof his office in the city council shall thereby be vacated and he shall never again be eligible for any office or position, elective or otherwise, in the service of the city.

Section 108. Solicitation of political contributions by employees; penalty. No employee of any department, board or commission of the city shall, directly or indirectly, solicit or receive, or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political party, for any candidate for city office or for any political committee organized on behalf of such candidate. This section shall not prevent such persons from being members of political organizations or committees. The soliciting or receiving of any gift, payment, contribution, assessment, subscription or promise of money or other thing of value by a non-elected political committee organized to promote the candidacy for city office of an employee of any department, board or commission of the city shall not be deemed to be a direct or indirect solicitation or receipt of such contribution by such person, provided, however, that no such gift, payment, contribution, assessment, subscription or promise of money or other thing of value may be solicited or received on behalf of such a person from any person or combination of persons if such person so employed knows or has reason to know that the person or combination of persons has an interest in any particular matter in which the person so employed participates or has participated in the course of such employment or which is the subject of his official responsibility. A person who violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both such fine and imprisonment, and upon final conviction thereof the office or position in the service of the city held by such person shall be vacated and such person shall not be eligible for an office or position, elective or otherwise, in the service of the city.

Section 109. Regular municipal election; date. The regular municipal election under this plan shall take place on the Tuesday next following the first Monday of November in every odd numbered year, and all members of the city council, the school committee and any board of trustees or other officers referred to in section ninety-five, and no others, shall be elected at each such election.

Section 110. Candidates; statement and petition. Any registered voter of the city who is eligible for election to any elective municipal body shall be entitled to have his name printed as a candidate therefor on the official ballot to be used at the regular municipal election; provided, that at least twenty-eight days prior to such election there shall be filed with the city clerk a statement in writing of his candidacy, signed by him, and with such statement the petition of not less than fifty nor more than one hundred registered voters of the city, whose signatures shall have been certified as required by law. Except as aforesaid, no person shall be entitled to have his name printed as a candidate on such ballot. Said statement and petition shall be in substantially the following form:

STATEMENT OF CANDIDATE

I ( ), on oath declare that I reside at (number, if any) on (name of street) in the city of ; that I am a voter therein, qualified to vote for a candidate for the hereinafter mentioned office; that I am a candidate for the office of (name of office) to be voted for at the regular municipal election to be held on Tuesday, the day of , nineteen hundred and ; and I request that my name be printed as such candidate on the official ballot for use at said election.

(Signed)

COMMONWEALTH OF MASSACHUSETTS

ss.

Subscribed and sworn to at ( ) on this day of , nineteen hundred and before me,

(Signed)

Justice of the Peace.

(or Notary Public).

PETITION ACCOMPANYING STATEMENT OF CANDIDATE

Whereas (name of candidate) is a candidate for the office of (state the office), we, the undersigned, voters of the city of , 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 said office be printed on the official ballot to be used at the regular municipal election to be held on the Tuesday of , nineteen hundred and .

The petition may be on one or more papers and need not be sworn to.

Section 111. Nomination papers. Any nomination papers filed under section one hundred and ten bearing more than the maximum number of signatures permitted thereby shall be invalid. No voter may sign the nomination papers of more than one candidate for election as a member of any elective municipal body; and if a voter signs nomination papers of more than one such candidate his signature shall be invalid on all such papers except the one first acted upon by the registrars of voters.

Section 112. Ballots; form and contents. There shall be a separate form of ballot for each body to be elected, and each such separate form of ballot shall be of a different and clearly distinguishable color from that of any other form of ballot prepared and furnished at the public expense for use at the same election. On such ballots for use in electing members of any elective body there shall be printed the following directions to voters, the first sentence under the heading to be printed in prominent bold faced type:

DIRECTIONS TO VOTERS

Do not use X marks.

Mark your choices with numbers only.

Put the figure 1 opposite your first choice; the figure 2 opposite your second choice; the figure 3 opposite your third choice; and so on. Mark as many choices as you please.

Do not put the same figure opposite more than one name.

If you spoil this ballot, tear it across once, return it to the election officer in charge of the ballots and get another from him.

No official ballot used at any regular municipal election shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything showing how he was nominated or indicating his views or opinions.

Section 113. Preparing ballots, etc.; procedure. The provisions of sections five, six and seven of chapter fifty-four A and so much of section eight thereof as relates to the order of polling places by which ballots are to be counted shall apply with respect to municipal elections in a city adopting this plan.

Section 114. Counting of ballots; procedure. As soon as the polls have closed, the election officials at each polling place shall seal the ballot box without opening it, and in such manner that ballots cannot be removed therefrom or inserted therein without breaking the seal, and shall deliver such ballot box at once, as the city clerk may direct, to the central counting place, together with the voting lists, a record of the ballot box register, a record of the number of ballots given out, the ballots spoiled and returned, and the ballots not given out, all of which shall be enclosed in an envelope, and the election officials shall certify thereon as to the identity of the contents thereof. At the central counting place the ballot boxes shall be opened and the number of ballots found therein recorded and compared with the records sent from the polling places. Any discrepancies discovered shall be recorded and dealt with according to the principles laid down by the general election laws, so far as such principles may be applicable. The ballots for the city council shall be counted first and the ballots for the school committee shall be counted second. Ballots cast for other purposes than the election of members to elective bodies shall be counted at the central counting place in accordance with the laws otherwise applicable to the counting thereof. No information regarding the state of the balloting shall be disclosed before the close of the polls.

Section 115. Repealed, 1972, 596, Sec. 1.

Section 116. General election laws, applicability.Except as otherwise provided in this chapter, all regular elections held under this plan shall be subject to all general laws relating to elections and corrupt practices, so far as applicable and not inconsistent with this chapter. ^[5]

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Plan F: Partisan Mayor and City Councilors elected by wards and at large

Section 117. Plan F. The method of city government provided for in the ten following sections shall be known as Plan F.

Section 118. Operative date. Upon the adoption by a city of Plan F, it shall become operative as provided in sections one to forty-five, inclusive.

Section 119. Mayor; election; term. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday in January following his election and until his successor is qualified.

Section 120. Legislative powers; election and term of city council. The legislative powers of the city shall be vested in a city council. One of its members shall be elected by the council annually as its president. In cities having five wards, the council shall be composed of seven members, one from each ward and two at large; in cities having six wards, the city council shall be composed of nine member, one from each ward and three at large; in cities having seven wards, the city council shall be composed of eleven members, one from each ward and four at large; in cities having eight wards, the city council shall be composed of eleven members, one from each ward and three at large; in cities having nine wards, the city council shall be composed of thirteen members, one from each ward and four at large; in cities having ten wards, the city council shall be composed of fifteen members, one from each ward and five at large; in cities having eleven wards, the city council shall be composed of fifteen members, one from each ward and four at large; in cities having twelve wards, the city council shall be composed of fifteen members, one from each ward and three at large. Each ward councillor shall be a registered voter in the ward from which he seeks election, and shall be elected by and from the qualified voters of that ward. The councillors-at-large shall be elected by and from the qualified voters of the city.

All members of the city council whether elected at large or by wards shall be elected to serve for two years from the first Monday in January following their elections and until their successors are qualified.

Section 121. Vacancies.If a vacancy occurs in the office of mayor by death, removal or resignation at any time during the first year 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.

Section 122. Appointments.Upon the adoption of Plan F, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by vote of the people, as their terms of office expire, shall be appointed by the mayor without confirmation by the city council.

Section 123. Certificate of appointment.In making his appointments the mayor shall sign and file with the city clerk a certificate in the following form:

CERTIFICATE OF APPOINTMENT

Section 124. Removal of heads of departments.The mayor may remove the head of a department or member of a board by filing a written statement with the city clerk setting forth in detail the specific reasons therefor, a copy of which shall be delivered or mailed to the person thus removed, who may make a written reply, which, if he desires, may be filed with the city clerk; but such reply shall not affect the action taken unless the mayor so determines. This section shall not apply to the school committee, or to officials appointed by the governor, or to assessors if elected by the people.

Section 125. Ordinances and resolutions; approval by mayor. Every order, ordinance, resolution and vote relative to the affairs of the city, adopted or passed by the city council, shall be presented to the mayor for his approval. If he approves it he shall sign it; if he disapproves it he shall return it, with his written objections, to the city council, which shall enter the objections at large on its records, and again consider it. If the city council, notwithstanding such disapproval of the mayor, shall again pass such order, ordinance, resolution or vote by a two thirds vote of all its members, it shall then be in force, but such vote shall not be taken for seven days after its return to the city council. Every such order, ordinance, resolution and vote shall be in force if not returned by the mayor within ten days after it has been presented to him. This section shall not apply to budgets submitted under section thirty-two of chapter forty-four, or to appropriations by a city council under section thirty-three of said chapter.

Section 126. Regular municipal election; date; nomination papers.The regular election under Plan F shall take place on the Tuesday next following the first Monday of November in every odd-numbered year. The mayor, all members of the city council, the school committee, and any board of trustees or other officers whose election by the voters of the city is required by reason of the fact that the city has accepted any gift, devise or bequest shall be elected at each such election. In the case of offices to be filled by all the voters of the city nomination papers shall be signed by a number of voters as follows:—for mayor, three hundred voters; for school committee, councillor-at-large and any other office, two hundred voters. In the case of ward councillor, nomination papers shall be signed by at least one hundred voters of the ward. In order that their names may be certified on said nomination papers signers shall not be enrolled in any other party than that whose nomination the candidate seeks.

Section 127. General election laws; applicability.Except as otherwise provided in this chapter, all elections held under Plan F shall be subject to all general laws relating to elections and corrupt practices, so far as applicable and not inconsistent with this chapter.

OPTIONAL PLANS

Section 128. City defined.In sections one hundred and twenty-nine to one hundred and thirty-four, inclusive, the word “city” shall mean any city of one hundred and fifty thousand or more inhabitants, as enumerated by the most recent federal decennial census except any city which has adopted the Plan E method of city government.

Section 129. Referendum; questions submitted; petition.At the regular municipal election to be held in the year nineteen hundred and seventy-seven in every city there shall be placed upon the ballot the two following questions:—

“A BINDING REFERENDUM CHANGING THE STRUCTURE OF THE CITY COUNCIL TO PROVIDE FOR DISTRICT REPRESENTATION.

Shall the city council be composed of nine members elected from equally populous districts and, in addition, one member elected at large for every one hundred and twenty thousand residents of the city in excess of one hundred and fifty thousand, for a term of two years notwithstanding the present form of government relative to terms of office?”

“A BINDING REFERENDUM CHANGING THE STRUCTURE OF THE SCHOOL COMMITTEE TO PROVIDE FOR DISTRICT REPRESENTATION.

Shall the school committee be composed of nine members elected from equally populous districts and, in addition, one member elected at large for every one hundred and twenty thousand residents of the city in excess of one hundred and fifty thousand, for a term of two years notwithstanding the present form of government relative to terms of office?”

In subsequent years, either or both of the above questions shall be placed upon the ballot of a regular municipal election in any city by a petition addressed to the city council of such city, signed by qualified voters of the city in a number equal at least to five per cent of the number of registered voters in said city at the state election next preceding the filing of said petition. Such petition shall be filed with the city clerk, who shall transmit the same forthwith to the registrars of voters or city body functioning as such, who shall within sixty days certify the signatures thereon in accordance with the provisions of law and return the same to the city clerk. The petition shall be filed with the city clerk at least one hundred and forty days before the date of the election at which the question or questions proposed by the petition is to be submitted to the voters.

Any petition submitted under this section may be in the form of separate sheets addressed to the city council, each sheet containing at the top thereof the question or questions proposed for submission to the voters. When attached together and offered for filing, the several papers shall be deemed to constitute one petition, and there shall be endorsed thereon the name and address of the person presenting the same for filing. The provisions of sections nine and ten shall apply to any petition filed hereunder, and to the placing upon the ballot of any question or questions proposed therein.

Section 130. Election results; superseding of city charter provisions; election of organization members; commencement of term.If a majority of the total number of votes cast at a regular city election for and against the adoption of a plan of city council organization or school committee organization proposed under section one hundred and twenty-nine shall be in favor of adoption of either or both such organizations, each such plan shall supersede the provisions of the city charter theretofore existing and of the general and special laws relating to such city and inconsistent with such plan or plans, but not, however, until the city council members or school committee members provided for in such plan, as the case may be, shall have been duly elected and their terms of office shall have begun. The said city council members or school committee members provided for under the plan so adopted shall be elected in accordance with the provisions of this chapter relating to such plan, and their terms of office shall begin at ten o’clock in the forenoon of the first Monday of January following their election. In those cities in which the mayor serves as an ex officio member of the school committee and which subsequently adopt a new plan of school committee organization under the provisions of these sections, the mayor shall continue to serve as an ex officio member of said school committee.

Section 131. Division of city into districts; time; ordinance; district description; redistricting.Within ninety days following receipt of an official notice which the city clerk shall send, within thirty days of the city election, to the city council notifying the said council that a new plan of city council organization or school committee organization, or both, has been approved by the voters, said council shall adopt an ordinance after public hearing providing for the division of the city into nine districts, or such other number of districts as may be specified in the question approved by the voters for the election of city council members or school committee members, as the case may be, by and from the voters of such districts at the next municipal election. In cities which adopt both a new plan of city council and a new plan of school committee organization the respective district lines shall be the same for both bodies. Each such district shall be compact and shall contain, as nearly as may be, an equal number of inhabitants, shall be composed of contiguous existing precincts, and shall be drawn with a view toward preserving the integrity of existing neighborhoods. Said districts shall continue in force until the next division of the city into wards required by section one of chapter fifty-four, at which time the city council shall divide the city into a number of wards equal to the number of said districts; and thereafter, upon the effective date of such wards for city primary, preliminary and general elections under said chapter fifty-four, such wards rather than districts shall be the units used for the election of those city council or school committee members who are not elected at large throughout the city. The city council shall adopt an ordinance providing for signature requirements for nomination papers for candidates for city council or school committee but in no event shall these requirements exceed two per cent of the vote cast in the preceding mayoral election in the respective district.

Section 132. Failure of timely districting.If, within the time prescribed by section one hundred and thirty-one, the city council shall fail to make a division of the city into districts as required by that section, the mayor of such city in any city having a mayor elected by the people, or the city clerk in any city having a council-manager form of government, shall propose a plan of districts in the required number to the local election district review commission, which shall approve the same with or without amendments as it deems appropriate and necessary to meet constitutional requirements, after a public hearing.

Section 133. Date of municipal elections; municipal year.After the adoption by any city of a plan of city council or school committee organization authorized by sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, the dates of municipal elections, and the municipal year, of such city shall be governed by section fifteen.

Section 134. Residence of district members.Every city councillor and school committee member who is elected to represent an individual district or ward shall have been an inhabitant of a place within the district or ward for which he is chosen for at least one year immediately preceding his election; and he shall cease to represent such district or ward when he shall cease to be an inhabitant thereof. ^[6]

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