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, perform the duties and be subject to the liabilities of selectmen with respect to appointments, but all his appointments shall be subject to confirmation and rejection by the aldermen, and upon the rejection of a person so appointed the mayor shall within one month thereafter make another appointment. In cities having a single legislative board other than a board of aldermen, such board shall, so far as appropriate and not inconsistent with the express provisions of any general or special law, have the powers, perform the duties and be subject to the liabilities of the board of aldermen.
Notes of Decisions
Town Council v. Town Manager, 478 N.E.2d 739 (Mass. App. Ct. 1985).
· cites it 4× “2 The council argues *101 (1) that the pertinent provisions of the charter should be construed as requiring the confirmation procedure for appointed town officials outlined in G. L. c. 39, § 1; and (2) that the council’s vote requiring confirmation confers that right and does…”
Sancta Maria Hosp. v. City of Cambridge, 341 N.E.2d 674 (Mass. 1976).
“The answer to these contentions lies, first of all, in considering the effect of the council order of April 15, 1963. It is true that the plan of government adopted by the city of Cambridge vests all the legislative powers of the city in the city council, G.”
Gennari v. City of Revere, 23 Mass. App. Ct. 979 (Mass. App. Ct. 1987).
“Judgment entered dismissing the action as to all defendants. 1. Bid requirements. There is no common law rule or State statute which requires disposition of land by a municipality to the highest bidder.”
Silverlieb v. Hebshie, 33 Mass. App. Ct. 911 (Mass. App. Ct. 1992).
“To this we may add that the person who signed the letter, the superintendent of the sewer department, has not been shown to have the remotest authority to convey an interest in land on behalf of the city (see G.”
Mangano v. Town of Wilmington, 748 N.E.2d 1052 (Mass. App. Ct. 2001).
“See G. L. c. 39, § 1; G. L. c. 40, §§ 1 & 3. “[W]e may not, by process of construction, add a prohibition to a statute when it is not contained therein.”
Commonwealth v. Hogan, 144 N.E. 390 (Mass. 1924).
“G. L. c. 39, § 1; c. 85, § 18. A public hearing was given on July 10, 1923, at which no one appeared in opposition, and on the same date an order was adopted authorizing the superintendent of streets to issue a license to Soley and Blair, Inc.”
Oliver v. Town of Mattapoisett, 17 Mass. App. Ct. 286 (Mass. App. Ct. 1983).
“See also G. L. c. 39, § 1. Or, in the case of a city, the city council.”
O'Connell v. Mayor of Lynn, 766 N.E.2d 886 (Mass. App. Ct. 2002).
“O’Connell claims Agawam stands for the proposition that a municipal charter may provide for an employee appointment process that does not involve town council approval, and still be deemed consistent with G. L. c. 39, § 1. 3 This is a correct statement about Agawam, but does not…”
E. Sav. Bank v. City of Salem, 597 N.E.2d 55 (Mass. App. Ct. 1992).
“1423 [1989]), we ordered that the rule 70 judgment of July 14, 1988, was to be vacated because the city council of Salem had neither voted to approve the transfer of land (see G. L. c. 39, § 1, and c. 40, § 3), nor had the mayor, president of the city council, and the chairman…”
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