Chapter 39

Section 1. Except as otherwise provided by law, city councils shall have the powers of towns; boards of aldermen shall have the powers, perform the duties and be subject to the liabilities of selectmen, except with respect to appointments, and the mayor shall have the powers, per…

Section 10. Every town meeting or town election, except as hereinafter provided, shall be called in pursuance of a warrant, under the hands of the selectmen, notice of which shall be given at least seven days before the annual meeting or an annual or special election and at least…

Section 10A. (a) Notwithstanding any general or special law, charter provision or by-law to the contrary, during and for a period of 5 days after the termination of any weather-related, public safety or public health emergency, the town moderator or person designated to perform t…

Section 11. If a majority of the selectmen or any less number shall vacate their offices, or if the full number shall fail to be elected or qualified, the selectmen in office may call a town meeting. If there are no remaining selectmen, the town clerk may call it; and, if there i…

Section 12. If the selectmen unreasonably refuse to call a town meeting, a justice of the peace, upon written application of one hundred registered voters or of ten per cent of the total number of registered voters of the town, may call a meeting by a warrant under his hand, stat…

Section 13. Towns may prescribe by by-law the number of voters necessary to constitute a quorum at town meetings; provided, that a number less than a quorum may from time to time adjourn the same. This section shall not apply to such parts of meetings as are devoted exclusively t…

Section 14. At every town meeting when moderators are not elected for the term of one or three years, a moderator shall first be elected. The election of a moderator at a meeting for the choice of town officers shall be by ballot, and the voting list shall be used thereat. Any to…

Section 15. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned…

Section 16. Every town whose valuation for the purpose of apportioning the state tax exceeds one million dollars shall, and any other town may, by by-law provide for the election or the appointment and duties of appropriation, advisory or finance committees, who shall consider an…

Section 17. No person shall address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdraw from the m…

Section 18. The moderator shall receive the vote of any person whose name is on the voting list or who presents a proper certificate from the registrars of voters.

Section 2. If the mayor acts as presiding officer of the board of aldermen, he shall not vote in meetings of said board nor in conventions of the two branches of the city council. The board of aldermen may elect one of its number as president, who shall, in the absence of the may…

Section 20. Towns divided into voting precincts may, for their annual town election, establish precinct voting for all town officers to be chosen thereat, by accepting this section at a meeting held seventy days at least before the annual town meeting. The acceptance of this sect…

Section 21. The town clerk and the board of registrars, upon receipt of the returns from the several precincts, shall forthwith canvass the same, and immediately declare the result.

Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disquali…

Section 24. The provisions of this chapter shall be in force only so far as they are not inconsistent with the express provisions of any general or special law; and, so far as apt, shall apply to districts as defined in section one A of chapter forty.

Section 3. No election of a city officer by a municipal body or board shall be valid unless made by a viva voce vote, each member present answering to his name when called by the clerk or other proper officer, stating the name of the person for whom he votes, or that he declines …

Section 4. Every ordinance, order, resolution or vote requiring the concurrence of the board of aldermen and of the common council, except the question of a convention of the two branches or of the election of an officer, shall be presented to the mayor. If he approves it, he sha…

Section 5. Except as otherwise provided by city charters, upon the death, resignation or absence of the mayor, or his inability to perform the duties of his office, the president of the board of aldermen shall perform them; and if there is no such officer, or if he also is absent…

Section 6. If, at or after the time for the mayor and aldermen to enter upon the performance of their duties, it appears that the mayor or the full number of aldermen has not been elected, such of said officers as have been elected shall issue warrants for the election of a mayor…

Section 6A. Notwithstanding the provisions of any city charter to the contrary, the mayor and the members of the city council, or other legislative body of a city, shall receive for their services such salary as the city council or other legislative body of a city shall by ordina…

Section 7. The mayor or an alderman or a member of the common council of a city which adopts this section or has adopted corresponding provisions of earlier laws, may at the same time hold any other office under the city government to which he may be chosen, except one of emolume…

Section 8. No member of the city council shall, during the term for which he was chosen, either by appointment or by election of the city council or of either branch thereof, be eligible to any office the salary of which is payable by the city.

Section 8A. Unless otherwise provided in any general law or in any special law relating to a city, any officer or official appointed or elected by the city council may be removed by said council for cause after a public hearing, written notice of which shall be given said officer…

Section 9. Except as otherwise provided by special law or a charter adopted or revised or amended under Sections two, three, or four of Article LXXXIX of the Amendments to the Constitution of the Commonwealth which may provide for a different time for the election of town officia…

Section 9A. Except as otherwise provided by special law or a charter adopted or revised or amended under Sections two, three or four of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, a town may provide by charter or by-law that the election of town offi…