Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 12 (2026)

City clerks; tenure

✓ current as of July 2026

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Section 12. In cities which accepted chapter three hundred and thirty-two of the acts of nineteen hundred and one, the term of office of the city clerk shall be three years from the date of his election or appointment, except that in cities required to elect a city clerk in December his term shall be three years from the beginning of the next municipal year. In either case the clerk shall serve until the qualification of his successor unless sooner removed; and a person appointed to fill a vacancy in the office of city clerk shall hold the office until the end of the unexpired term of his predecessor.

Notes of Decisions

Cited in 2 cases, 1980–2001 · leading case: Petti v. Lyons, 402 N.E.2d 1090 (Mass. App. Ct. 1980).

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Petti v. Lyons, 402 N.E.2d 1090 (Mass. App. Ct. 1980). · cites it 2× “43, § 11, provides that the adoption of a new plan of government “shall supersede the provisions of its charter,” it does not supersede “general and special laws relating thereto” unless they are “inconsistent” with the new plan.”

City of Somerville v. Labor Relations Comm'n, 759 N.E.2d 737 (Mass. App. Ct. 2001). “” G. L. c. 41, § 12. 5 Section 12 does not specify the mechanics for removal of a city clerk serving a three-year term.”

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