Chapter 45: Mayors of Cities

The qualified voters in each ward, at the meeting for the choice of city and ward officers, shall give in to the moderator their votes for a mayor of the city, which shall be received, sorted, counted and declared, and a record thereof made in the same manner as votes for senators; and a copy of the record, certified by the moderator, a majority of the selectmen and the ward clerk, shall be delivered by the ward clerk to the city clerk within 24 hours after the meeting.

The city councils shall meet in convention on the day appointed by law or ordinance for that purpose, and the city clerk, having entered upon the record the number of votes given in each ward for every person voted for as mayor, shall lay before the convention the returns of such votes, and the convention shall examine the same and declare the person who has the largest number of votes to be elected mayor, and cause him to be notified of his election.

In case the election of mayor is contested the city councils in convention shall have power to send for persons and papers, may inquire into the correctness of the returns, and shall hear and receive evidence as to any fraud or misconduct in relation to the election; and for that purpose may adjourn from time to time, not later than the time appointed for the convention of the new city councils.

If no person is elected mayor, or if the person elected declines, the convention shall make a record of the fact and appoint a day for another election; and the mayor and aldermen shall issue their precept to the selectmen of the several wards, requiring them to call meetings of their wards on the day so appointed; and the same proceedings shall be had from time to time until a mayor is chosen.

In case a vacancy occurs in the office of mayor of any city, by death, resignation or otherwise, the board of aldermen shall elect one of their number chairman, who shall have all the powers and perform all the duties of mayor until the vacancy shall be filled by the election and qualification of a mayor.

As soon as may be after such vacancy shall occur, the board of aldermen and the common council shall meet and respectively declare the existence of such vacancy and the cause thereof, whereupon said board of aldermen and the common council shall meet in convention and elect a mayor, who shall serve until the next regular election and until his successor is duly elected and qualified. No person who is at the time of the occurring of the vacancy a member of either the board of aldermen or the common council shall be eligible to election by said convention.

The mayor thus chosen and qualified shall be the chief executive officer of the city, and for the preservation of the peace shall have the powers of sheriff and conservator of the peace, and, in case of any unlawful assembly, may appoint as many special constables as he may think expedient, giving to each such badge of office as the city councils have designated or as he shall designate.

He shall cause the laws and regulations of the city to be executed, and shall exercise a general supervision over the conduct of all subordinate officers and cause their violation or neglect of duty to be punished.

He shall preside in the board of aldermen and in convention of city councils, and shall be ex-officio chairman of the board of overseers of the public welfare. He shall have a negative upon the action of the aldermen in laying out highways, and in all other matters; but shall have no vote except in case of an equal division; and no vote can be passed or appointment made by the board of aldermen over his veto unless by a vote of 2/3, at least, of all the aldermen elected.

He may call special meetings of the board of aldermen and common council, or either of them, when in his opinion the interests of the city require it, by causing a notification to be given to, or left at the abode of, each member of the board to be convened.

He shall from time to time communicate to the city councils, respectively, such information, and recommend such measures as the interests of the city shall, in his judgment, require.

He shall receive for his services such salary as the city councils shall determine, payable at stated periods, and shall receive no other compensation; and such salary shall not be increased or diminished from the time of any election till the close of the term of the mayor then elected.

The board of aldermen where the city government is composed of 2 bodies, or the city council where the city government is composed of one body, may choose one of their members to be chairman, and, whenever the mayor of any city shall be absent or shall be disabled by sickness or otherwise, he shall have all of the powers and perform all of the duties of the mayor during his absence or disability.