Cities
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History
In 1821 the Constitution of the Commonwealth of Massachusetts became the first of many documents the state would develop to govern the structure of its municipalities. This document limited city forms of government to municipalities with a population of no fewer than twelve thousand.[1] In 1630 Boston, like all Massachusetts cities, was originally incorporated as a town. It then became the first Massachusetts city in 1822. [2] It would remain the only city until 1836 when the city of Lowell joined Boston, becoming the second city in Massachusetts.
In order to become a city a municipality must adopt a city form of government via charter. In 1915 Chapter 43 of the Massachusetts General Laws, “City Charters”, created four plans, A-D, for structuring city government. Plan E was added in 1938 and the final plan, Plan F, was created in 1959 [3]. Though some cities still operate according to these plans, the 1966 adoption of the Home Rule Amendment caused most cities to abandon the six City Plans and create home rule, special act charters. Though Boston was the "largest, wealthiest and most influential city until the 1760s", the city did not establish its strong mayor form of government via charter until 1949 [4].
Today there are 53 communities with a city form of government. Most of the cities in Massachusetts operate with a Mayor and a City Council or Board of Aldermen. Three cities have a City Council and a City Manager, and eleven communities have a city form of government but still call themselves a town.
Organization of City Government
As of 2000, 71 municipalities had adopted home-rule charters under the Home Rule Amendment procedure, 13 operated under charters granted by Special Acts of the legislature passed before the Home Rule Amendment, and 19 operated under Special Acts pass after the Home Rule Amendment.
Out of fifty cities in the Commonwealth, there are now ten that are legally cities and have city councils, but retained "Town of" in their names. These cities are: Agawam, Amesbury, Barnstable, Easthampton, Franklin, Greenfield, Southbridge, Watertown, West Springfield, and Weymouth. The Massachusetts Supreme Judicial Court ruled that what a municipality calls itself does not matter: “It is the substance of the thing done, and not the name given to it, which controls”. [5].
Though many cities still operate using one of the state established city plans, there are currently two dominant structures organizing city governments; Mayor/Council and Council/Manager.
See Form of government for further detail of each structure.
Legal Basis of Cities
Unlike towns, all cities have a charter and it is this charter that provides the legal basis of the municipality. There are two different types of charters that may be adopted. These are a Home Rule Charter or a Special Act Charter.
Twenty cities operate under a home rule charter. These are adopted pursuant to the Home Rule Amendment and generally provide, in one document, the basic description of the city. Additionally, a home rule charter "establishes the basic out line form, the procedures by which the city or town may formulate, adopt, revise and amend its own municipal charter, without obtaining permission from the Legislature" [6].
Nineteen operate under a special act charter. These are adopted by the State Legislature at the request of the city. These may be as comprehensive as a home rule charter but many do not contain the same level of detail.
Notes
- ↑ Constitution of the Commonwealth of Massachusetts. (1821). Retrieved 2008 from http://www.mass.gov/legis/const.htm
- ↑ City of Boston. (2008). About Boston Retrieved 2008 from http://www.cityofboston.gov/visitors/about.asp
- ↑ Massachusetts General Law Chapter 43. Retrieved 2008 from http://www.mass.gov/legis/laws/mgl/gl-43-toc.htm
- ↑ Boston City Council. The History of the Boston City Council Retrieved 2008 from http://www.bostoncitycouncil.info/
- ↑ Opinion of the Justices to the Senate, 229 Mass. 600 (Mass. 1918)
- ↑ Morse, Mark. (1998)Handbook for Massachusetts Selectmen 3rd edition (Massachusetts Municipal Association) Boston, MA
