County Government

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History

Massachusetts County Map [1]
Counties were first established by the Massachusetts General Court in 1643 when Essex, Middlesex and Suffolk county were created. By 1760 eleven counties had been created as regional administrative districts. After the Revolutionary War both the number of counties and their functions grew. The fourteenth and final county was established in 1812. By that time counties were responsible for administering jails, health facilities, agricultural schools, registries of deeds and probate, county courthouses, county roads and extension services. The counties were funded by local communities and the Commonwealth. For many years this level of government was considered unnecessary and inefficient and critics recommended they be abolished and their functions and assets be transferred to the state. [2]

Home rule legislation allows officials or voters in a county to establish a regional charter commission to study its government. The commission can submit one of three model charters for approval of voters in that county at a statewide election or it can submit a special charter which must first be approved by the state legislature.[3]

Registers of Deeds and probate, sheriffs and district attorneys, even where county government has been abolished, are still elected in county political districts. In counties which have not been abolished or restructured, county commissioners and treasurers are still elected.[4]

In 1997, the county governments of Middlesex, Berkshire, Essex, Hampden and Worcester were abolished. Their functions were turned over to state agencies. Sheriffs in these counties still administer jails but their employees are state employees. The legislation to abolish these county governments transferred Registers of Deeds to the jurisdiction of the Secretary of the Commonwealth. [5]

Date Created County
May 10, 1643 Essex
May 10, 1643 Middlesex
May 10, 1643 Suffolk
May 7, 1662 Hampshire
June 2, 1685 Barnstable
June 2, 1685 Bristol
June 2, 1685 Plymouth
June 22, 1695 Dukes
June 22, 1695 Nantucket
April 5, 1731 Worcester
May 28, 1760 Berkshire
March 26, 1793 Norfolk
June 24, 1811 Franklin
Feb 25, 1812 Hampden

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Models of County Government

A county charter commission studying county form of government may choose from three model charters.[7] If a county charter study commission decides that none of the models are appropriate for their desired form of county government the charter commission may present a custom charter. This requires petitioning of the legislature. The commission may also propose to the legislature minor revisions to a model charter. The model forms of government are discussed below.

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County Executive Form

The county executive form of government is the most centralized type of county government in the United States. The county executive is directly elected by the public and is responsible for managing county government. Typically, the county executive confers with a locally elected council or legislature who represent local district jurisdictions within the county. This position has the power to formulate all county policy, install and remove county positions, develop a county budget, and approve or veto proposed ordinances or resolutions though is often required to submit his or her proposals to a county council or legislature for review. This position also oversees all county services and programs specific to the county [8]

"A county executive form of government operates under a charter which details the functions of the government and the levels of authority afforded each elected position and other hired/appointed positions within the county government. While county government is subject to state and federal laws, the county's charter allows it to exercise considerable leverage in formulating its own policies as the government sees fit. The county executive serves as the chief executive officer of the county while the council or legislature serves as the county's legislative body. At times, a county manager may be hired or appointed by the council or legislature but it is not common. Other elected offices within the government may include the county attorney, sheriff, assessor, treasurer, clerk and recorder, clerk of the district court, and public administrator." [9]

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County Manager/Commission Manager Form

The commission-manager form of county government combines an elected, representative commission and a professional manager appointed by that commission. All power is concentrated in the commission the appointed professional manager to manage the delivery of public services. This form allows the often part time commission to focus on legislative functions while the professional manager, usually referred to as county manager and county administrator, concentrates full time on administrative functions. [10]

Typical duties of the appointed manager vary, but in a 1972 NaCO survey, 90 percent reported that they were responsible for "the recommendation of legislation to the governing body, the preparation of annual current expense budgets and annual capital budgets for the approval of the governing body. In the 1990s, the county manager generally 'prepares a budget for the commission's consideration; recruits, hires, and supervises the government's staff; serves as the commission's chief advisor; and carries out the commission's policies.'" "As they are considered professional staff, the majority of managers have employment agreements or contracts, which specifically state job responsibilities. As these managers are hired by the elected county commissions, they may also be fired, usually through a majority vote of the commission." [11]

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Board Chairman Form

The chief advantage of the board chairman model of county government is that it is much less expensive than the other pre-approved forms. In this form, the commissioners elect one of their own number to serve as the executive branch of county government for one year. The board also appoints a "chief administrator," who can be a part-time employee and serves "at the pleasure of the commissioners."[12]

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Notes

  1. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  2. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  3. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  4. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  5. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  6. ↑ Aiken, Charles Curry and Joseph Nathan Kane. (2004). The American Counties: Origins of County Names, Dates of Creation, and Population Data, 1950-2000, 5th Edition (Scarecrow Press, Inc.) Lanham, Maryland
  7. ↑ The League of Women Voters: Massachusetts. (2008). Massachusetts Government: County Government. Retrieved 2008 from http://www.lwvma.org/govcounty.shtml
  8. ↑ County Executives of America. (2008). Access Government: The County Executive Form of Government. Retrieved 2008 from http://www.countyexecutives.org/accessgov/countyform.htm
  9. ↑ County Executives of America. (2008). Access Government: The County Executive Form of Government. Retrieved 2008 from http://www.countyexecutives.org/accessgov/countyform.htm
  10. ↑ Beardslee,P. (1999)The Commission Manager Form of Government. Retrieved 2008 from the National Association of Counties website http://www.naco.org/Template.cfm?Section=publications&template=/ContentManagement/ContentDisplay.cfm&ContentID=5507
  11. ↑ Beardslee,P. (1999)The Commission Manager Form of Government. Retrieved 2008 from the National Association of Counties website http://www.naco.org/Template.cfm?Section=publications&template=/ContentManagement/ContentDisplay.cfm&ContentID=5507
  12. ↑ Cabot, Dan. (2008) The Martha's Vineyard Times. [Electronic Version]. County Charter study moves toward decision. Retrieved 2008 from http://www.mvtimes.com/news/2008/01/17/county-charter-study.php
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