Form of government
From MMAWiki
Marilyn Contreas, Senior Program and Policy Analyst at Massachusetts Department of Housing and Community Development, has provided the following information regarding form of government in Massachusetts.
The state constitution provides the following guidance regarding population standards for town and city forms: Cities: minimum population of 12,000 required Representative town meeting: minimum population of 6,000 required All towns below 6,000 population must have an open town meeting.
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Cities
Until 1914, all cities had to have a special act of the legislature to adopt a city form of government. In the early 20th century, certain city forms were approved, often referenced as “Plans.” Only 14 cities now operate under “Plans” and most have been altered such that they no longer exactly reflect the statutory Plan. (See City Plans to view the legislative language for each plan. ) MGL, c. 43B, The Home Rule Procedures Act, adopted in 1967, forbade further adoption of the plans by the process outlined in MGL, c. 43.
The 53 municipalities with city forms of government are represented in the following way:
c. 43 Plan governments: 14 (Plan A- 5; Plan B -7; Plan E – 2)
Home Rule charters 20
Special Act charters 19
As of 2008, there are 53 municipalities with a city form of government. While the legal basis of city government is represented by Home Rule charter, Special Act charter or MGL c. 43 plans, there are two basic structure of city government: Mayor/Council and Council/Manager.
Mayor/Council
• Population must be 12,000 or more.
• Mayor serves as chief executive.
• Council usually contains members elected at-large and members from districts.
• Size of council determined locally within state parameters (size of wards/precincts); must be an odd number of members.
• Council in continuous session (not called by warrant as town meeting).
• Term for mayor and council usually 2 years; several communities have 4-year terms for mayor. (Winthrop and Barnstable have 4-year term for councilors.)
• School committee elected (usually at large, a few by district) Mayor usually serves on school committee.
Board of Alderman vs. City Council
Currently five cities have a Board of Alderman however; the distinction is insignificant in all but one of the Massachusetts communities with a city form of government.
While boards of aldermen and city councils are in most cases synonymous, historically, boards of aldermen were more involved in certain executive responsibilities. This practice is no longer much in evidence, as cities have revised their charters over the years. Those cities still using the title “aldermen” do so mostly for reasons of local history and continuity.
The distinction is significant, however, in Everett, which is the only city in the United States with a bicameral legislative body—a Common Council of 18 members and a Board of Aldermen of seven members. According to state law (M.G.L. Ch. 39, Sect. 5), the president of a board of aldermen assumes mayoral duties in a mayor’s absence in a common council comprising both aldermen and councillors. In the president’s absence, power descends through the ranks of aldermen before it would go to councillors.
Council/Manager
• Population must be 12,000 or more
• Council appoints manager to serve as chief executive
• Council serves as policy-making body.
• Council may elect one of its own members to serve as "mayor" or "council president."
(May be variations to this practice. For example, voters elect the "council president" directly in Watertown and Winthrop, and, in Worcester, the candidate receiving the highest vote total among the at-large council candidates serves as mayor. Duties of this position are usually ceremonial, or based on local protocol or tradition.)
• Size of council determined locally within state parameters; must be an odd number of members
• Council in continuous session (not called by warrant as town meeting)
• School committee continues to be elected.
Towns
As of 2008, there are 298 municipalities with a town form of government. The basic characteristics of a town form of government are the legislative body and the governing board. All towns make legislative decisions via town meeting and are governed by a Board of Selectmen. While the Board of Selectmen function remains the same in all town forms of government, the type of town meeting adopted may be Open or Representative.
Board of Selectmen
• Serves as chief executive.
• Must be odd number of members (usually 3-7), serving staggered terms.
• May appoint a Professional Manager (town manager/administrator).
• Powers and duties of the manager/administrator is determined by special act or charter .
Open Town Meeting
There are 259 of 298 towns operating under this government structure.
• Only form of government available to towns below 6,000 population.
• All registered voters may participate in town meeting.
• Representatives usually serve for a 3-year term, with 1/3 of the members elected yearly.
• School committee continues to be elected.
• The number of boards and commissions that are elected varies, depending upon charter and/or special act adoption, or following the requirements of state law.
Representative Town Meeting
This form resembles the board of selectmen/open town meeting form in most respects. The Board of Selectmen is directly elected by the voters, and serves as the chief executive body; boards of selectmen may hire a professional manager who implements board of selectmen policies and directives. There are 39 communities operating under this government structure.
• Population requirement of 6,000 or more.
• Town meeting representatives elected from precincts of the town. Size determined locally; most are in the range of 200-250 voters.
• Representatives usually serve for a 3-year term, with 1/3 of the members elected yearly.
• The number of representatives varies from 50 to over 400.
• School committee continues to be elected.
• The majority of RTM communities have a management position. Position found in all RTM home rule charters.
• The number of boards and commissions that are elected varies, depending upon charter and/or special act adoption, or following the requirements of state law.
Changing Form of Government Structure
Bylaws and “Permissive” Legislation
• Can be used to change certain elected positions or boards to appointed; allow selectmen to act as certain offices; or create position of town administrator
• Changes require town meeting or town election vote
Home Rule Charter
• Elected charter commission prepares new charter
• Charter defines structure of local government
• New charter generally proposes significant changes to structure, such as creation of town manager or administrator position, changing boards or commissions, or consolidating or creating departments
• Requires approval at annual town election
Special Municipal Legislation
• Town submits proposed structural change to Legislature
• Requires legislative approval
• Can be used to create town manager or administrator position
Additional Resources
Articles:
Article: Options for Changing Local Government Structure by Marilyn Contreas This article examines the reasons leading municipalities to reexamine their local government structures while identifying and elaborating on the above three avenues for change.
State Agencies:
Department of House and Community Development: http://www.mass.gov/?pageID=ehedagencylanding&L=4&L0=Home&L1=Economic+Analysis&L2=Executive+Office+of+Housing+and+Economic+Development&L3=Department+of+Housing+and+Community+Development&sid=Ehed
Municipal Law Unit, Office of the Attorney General: http://www.mass.gov/?pageID=cagosubtopic&L=3&L0=Home&L1=Government&L2=Municipal+Law+Unit&sid=Cago
Other Resources:
Massachusetts Municipal Management Association http://www.massmanagers.org/Pages/MMMA_Resources/government
