Why the City Council President will become Mayor with Full Mayoral Powers
Gardner Mayor Michael Nicholson is scheduled to be sworn in as State Representative for the 2nd Worcester District on January 6, 2027. That date falls within the 2nd year of his term.
According to the City Charter, Section 32, as amended a couple of years ago. (Approved by Voters at the ballot box, approved by the State Legislature, and signed by the Governor), if Mayor Nicholson subsequently resigns as Mayor of Gardner, the person who is City Council President at that exact moment in time becomes Mayor.
Exact language of City Charter Section 32 is below. And here is the entire Gardner MA City Charter on PDF.
Update: In a letter to the Gardner City Council dated 11-12-26, Gardner Mayor Nicholson indicates he will resign as Mayor effective January 8, 2026 at 12 noon. This leaves no question that it will occur during the 2nd year of his term. See letter on PDF. Additional Update – Tyros Resignation. City Council President George Tyros intends to resign at beginning of the meeting on Monday November 16th, See letter on PDF. Tyros is only resigning as Council President, he will still be a Councilor at Large.
SECTION 32. If a vacancy occurs in the office of mayor before the last 12 months of the term of office, the city council shall order an election to fill the same for the unexpired term; and if such vacancy occurs in the office of the mayor in the last 12 months of said term, the president of the city council shall succeed thereto for the unexpired term. If a vacancy occurs in the position of councilor at large, the city council shall appoint the person who received the seventh highest vote total for the position of councilor at large during the most recent municipal election to fill the vacancy for the unexpired term, if the person is willing to serve, then to the eighth and so on until a person is appointed. If a vacancy occurs in the position of ward councilor, the city council shall appoint the person from the same ward who received the next highest vote total in the most recent municipal election to fill the vacancy for the unexpired term, except that if there was not another candidate for the ward councilor position, then the city council, by a majority vote, may elect a resident of the same ward to fill the vacancy for the unexpired term. If the mayor is absent or temporarily unable for any reason to perform the duties of the office, or if the office is vacant during the first 12 months of the term, the mayor’s duties shall be performed by the president of the city council. The person upon whom such duties shall devolve shall be called “acting mayor”, shall possess the powers of mayor only in matters not admitting of delay and shall have no power to make permanent appointments. If the office of the mayor is vacated due to resignation or death prior to the end of the term, the acting mayor shall be entitled to the compensation for city council president in addition to 75 per cent of the rate of compensation for the mayor. If an appointive officer of the city is absent or temporarily unable for any reason to perform official duties, the mayor or the city council, whichever has the power of original appointment, may make a temporary appointment of a person to act in place of such appointive officer until the appointive officer resumes duties.
