Mass. Gen. Laws » Part I Title VII Chapter 43
Massachusetts General Laws

Mass. Gen. Laws ch. 43, § 97 (2026)

City council; powers and duties; organization

✓ current as of July 2026
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Section 97. The city council shall have and exercise all the legislative powers of the city, except as such powers are reserved by this chapter to the school committee and to the qualified voters of the city.

The city council, elected as aforesaid, shall meet at ten o'clock in the forenoon of the first Monday of January following the regular municipal election, and the members of the city council shall severally make oath, before the city clerk or a justice of the peace, to perform faithfully the duties of their respective offices, except that any member-elect not present shall so make oath at the first regular meeting of the city council thereafter which he attends. For the purposes of organization, the city clerk shall be temporary chairman until the mayor or vice-chairman has qualified. Thereupon the city council shall, by a majority vote of all the members elected, elect a mayor and a vice-chairman from its own members and the persons elected as such shall likewise make oath to perform faithfully the duties of the respective offices to which they are so elected, and they may so make oath at the same meeting at which they are so elected. The organization of the city council shall take place as aforesaid, notwithstanding the absence, death, refusal to serve or non-election of one or more of the members; provided, that a majority of all the members elected to the city council are present and have qualified. If the office of mayor or vice-chairman becomes vacant, the city council shall in like manner elect one of its members to fill such office for the unexpired term; provided, that no such vacancy shall be filled so long as there is any vacancy in the council.

Notes of Decisions
Cited in 2 cases, 1976–1999 · 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). “Since the city manager had no authority to obligate the city to pay an unknown large sum of money in consideration for a retransfer of the land conveyed, it is said that the affidavit was executed without the knowledge or authorization of the council, and, consequently, the…”
Opinion of the Justices to the Senate, 429 Mass. 1201 (Mass. 1999). · cites it 2× “’ G. L. c. 43, § 97, inserted by St. 1938, c.”
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