Massachusetts General Laws

Mass. Gen. Laws ch. 43, § 104 (2026)

Powers, rights and duties of city manager

✓ current as of July 2026

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Section 104. 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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1960–2022 · leading case: Sancta Maria Hosp. v. City of Cambridge, 341 N.E.2d 674 (Mass. 1976).

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Sancta Maria Hosp. v. City of Cambridge, 341 N.E.2d 674 (Mass. 1976). “The statute’s wording places this authority in the mayor or the selectmen, but G. L. c. 43, § 104, which specifies the powers and duties of a city manager under a plan of government such as the one adopted by the city of Cambridge, provides that the city manager possesses the…”

John Doe v. Cambridge Pub. Schs.., 101 Mass. App. Ct. 482 (Mass. App. Ct. 2022). “See also G. L. c. 43, § 104 ("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…”

Worcester Vocational Teachers Ass'n v. City of Worcester, 429 N.E.2d 718 (Mass. App. Ct. 1982). “, whether the city manager acting under G. L. c. 43, § 104, could appoint the members of the board or whether they should have been elected as provided in G.”

McLean v. City of Medford, 166 N.E.2d 219 (Mass. 1960). “The plaintiff then successfully petitioned the Superior Court for a writ of mandamus which ordered the city manager (G. L. c. 43, § 104) and council to appoint a medical board to process her application in accordance with § 89A.”

De Nunzio v. City Manager of Cambridge, 169 N.E.2d 877 (Mass. 1960). “” The “Findings and Order” include the statement, “Under date of December 12, 1955, the Cambridge city council unanimously passed an order, approved by the city manager, purporting to increase the amount of petitioner’s pension in accordance with .”

Chief of Police v. City Manager, 416 N.E.2d 985 (Mass. App. Ct. 1981). “of the ordinances and regulations that the [cjity [mjanager is bound to uphold” under G. L. c. 43, § 104 (see note 3, infra). As to the city manager’s authority, she said that the city manager “stands in a position superior to that of all department heads including the [cjhief…”

Conway v. City Manager, 359 N.E.2d 1310 (Mass. App. Ct. 1977). “G. L. c. 43, §§ 104, 105. Compare 1937 House Doc.”

Corp. Way Realty Tr. v. Build. Commr. of Medford, 205 N.E.2d 718 (Mass. 1965). “43, § 3, is applicable and that the reserved legislative power is now in the city council and not, as the petitioner contends, in the city manager, or his appointees, under G. L. c. 43, § 104. Compare King v. Mayor of Quincy, 270 Mass.”

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