New Bedford Mayoral Vacancy Process Advances on Beacon Hill

BOSTON (WBSM) — Legislation that would clarify what would happen if the event of a mayoral vacancy in New Bedford has been approved by the Massachusetts Senate.

Why New Bedford’s Mayoral Vacancy Rules Needed Fixing

The legislation, filed by Senator Mark Montigny (D-New Bedford), was necessary following the 2017 adoption of a four-year mayoral term in New Bedford, after 53 percent of voters approved the change. However, the existing municipal law was never amended to stipulate how a mayoral vacancy would be handled during the third or fourth year of a four-year term.

In 2024, Mayor Jon Mitchell filed a proposal “to clarify the process in how a vacancy in the office of mayor is filled,” because the current provision only “addresses how a vacancy is to be filled in the first and second year of a mayor’s term, but it has not been updated in light of the city’s adoption of a four-year mayoral term in 2017.”

However, because of the city charter, such a change required a home rule petition, which was finally approved by Mayor Mitchell and the New Bedford City Council seven years after the four-year term was established.

How the Proposed Vacancy Process Would Work

Montigny then quickly filed S2509, An Act relating to vacancies in the Office of Mayor in the City of New Bedford, during this current legislative session. The legislation provides that any mayoral vacancy prior to the final 12 months of the term would be filled by an election. Any vacancy in the final 12 months of the mayoral term would be filled by a city councilor elected to the position by the full city council.

What Happens If the City Council Doesn’t Act

If the city council failed to hold a vote within 30 days of the mayoral vacancy, the city council president would automatically become acting mayor.

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“Without these changes, it is unclear how a mayoral vacancy in New Bedford could be addressed and voters deserve a system where they will directly choose a successor as opposed to some choice secured in a backroom deal,” Montigny said. “Passage of this legislation will ensure stability and sound procedures for our local municipal government, and I am thankful for City Council President Ryan Pereira’s partnership in helping to get this done.”

What’s Next for the Legislation on Beacon Hill

Montigny’s bill now heads to the House of Representatives for further consideration, where Rep. Antonio Cabral (D-New Bedford) has already signed on to the legislation.