Massachusetts General Laws

Mass. Gen. Laws ch. 43, § 5 (2026)

Existing organization to continue until superseded

✓ current as of July 2026

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Section 5. Until superseded under this chapter, the organization of the executive and administrative departments, and the powers and duties of the officers and employees of any city adopting any of the plans provided for in this chapter, and the fiscal year of such city shall remain as constituted at the time of the adoption of such plan; but the city council or other legislative body may at any time by ordinance, consistent with general laws, reorganize, consolidate or abolish departments, in whole or in part; transfer the duties, powers and appropriations of one department to another, in whole or in part; establish new departments; and increase, reduce, establish or abolish salaries of heads of departments or members of boards. This section shall not authorize any action in conflict with chapter thirty-one.

This section shall not authorize the city council in any city which adopts Plan D or E to take any action to accomplish any result not contemplated by the provisions of the said plans.

Notes of Decisions

Cited in 11 cases, 1923–1988 · leading case: Reynolds v. McDermott, 162 N.E. 1 (Mass. 1928).

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Reynolds v. McDermott, 162 N.E. 1 (Mass. 1928). · cites it 3× “43 and with such ordinances as have been passed by the city council of the city of Lowell pursuant to G. L. c. 43, § 5. St. 1921, c. 383, § 20, so far as material reads: “There shall be the following administrative officers, who shall perform the duties prescribed by law or by…”

Newburyport Redevelopment Auth. v. Commonwealth, 401 N.E.2d 118 (Mass. App. Ct. 1980). “101, to the extent they remain effective pursuant to G. L. c. 43, § 5, Furlong v. Ayers, 305 Mass.”

Safford v. City of Lowell, 151 N.E. 111 (Mass. 1926). “” These sections they contend were in force, notwithstanding the change to the Plan B charter, by virtue of G. L. c. 43, § 5, which enacts that “ . .”

King v. Mayor of Quincy, 169 N.E. 894 (Mass. 1930). · cites it 2× “The word “departments,” as used therein, is not restricted to the two basic departments of a municipality, — the legislative and the executive.”

McLaughlin v. Mayor of Cambridge, 148 N.E. 458 (Mass. 1925). “be the head of said department.” The effect of the adoption of the ordinance was to abolish the office of commissioner of public safety provided for in St.”

Mayor of New Bedford v. City Council, 13 Mass. App. Ct. 251 (Mass. App. Ct. 1982). · cites it 2× “” Although the plaintiffs claim that § 2-201 of the 1979 ordinance is contrary to the civil service laws, their contentions are not specific. 6 Assuming, for purposes of this argument, that the ordinance is a reorganization under G.”

Archambault v. Mayor of Lowell, 180 N.E. 157 (Mass. 1932). “No contract with Archambault for ambulance service was submitted by the board of health to the mayor for his approval, and he could not have entered into such a contract without action by the board of health.”

Gordon v. Chief of Police of Cambridge, 138 N.E. 905 (Mass. 1923). “267, Part I, § 5 (now G. L. c. 43, § 5). Ellis v. Civil Service Commissioners, 229 Mass.”

Bradley v. City of Marlborough, 5 N.E.2d 439 (Mass. 1936). “” The statutes applicable to the issues are (1) G. L. c. 43, § 5, which reads: "Until superseded under this chapter, the organization of the executive and administrative departments, and the powers and duties of the officers and employees of any city adopting any of the plans…”

Gabriel v. Mayor of Fitchburg, 439 N.E.2d 841 (Mass. App. Ct. 1982). “G. L. c. 43, § 5. That section gives the city council authority to define by ordinance the powers and duties of the officers and employees of the city.”

Commonwealth v. Wyman, 1988 Mass. App. Div. 78 (Mass. Dist. Ct., App. Div. 1988). “abused his discretionary power by failing to view pertinent evidence presented to him in the form of a videotape and photographs; (2) the Judge did not properly apply Chapter 90, § 17 of the General Laws; and, (3) the Judge failed to recognize fault on the part of the city…”

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