HomeMy Public PortalAboutCharter Commission - Forms of MA Municipal Government (PDF) Forms of MA Municipal
Government
July 20 , 2010
Watertown Charter Review
Commission
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" Home Rule "
1 1915 : Optional "City Plans" A-D , E ( 1938) & F
( 1959) (except Boston)
i 1966 : Art. 89 MA Const. , Mass . Gen . L. Ch . 43B —
Home Rule Procedures Act
i Communities can organize themselves, but
— Cannot adopt by-laws/ordinances inconsistent with state
law or constitution (Ch 4313, §8)
— Only state legislature regulates elections, imposes taxes,
borrows or pledges municipality's credit, disposes of
parkland, enacts private law, imposes criminal penalties.
(Cont. Amend. Art 89, §7)
Basic Home Rule Framework
� Legislative body must be elected (except Open
Town Meeting)
� Chief executive may be appointed or elected
� School committee must be elected
� Boards/com missions may be appointed or elected
� City Forms
— Council-Manager
— Council-Mayor
� Town Forms
— Representative Town Meeting
— Open Town Meeting
"City" V . "Town " Forms
Cities Towns
i Legislature i Legislature
- Smaller body (7-15), can - Larger body (- 100 - all voters),
develop expertise expertise unpredictable
- Must be elected - Can be elected
- Combines law, policy making & - Makes law, approves
budget/borrowing approval budget/borrowing
- Continuous session - Only in session when called
i Executive i Executive
- Single person chief executive - Board of Selectmen (3+
� Pop. must > 125000 persons) — sets policy
- Manager - administers staff
i Att'y Gen'I reviews by-laws
and zoning by-laws
City Forms Compared
Council — Manager Council — Mayor
� Legislature Legislature
— Makes laws, approves — Makes laws, approves
budget/borrowing, may budget/borrowing, may
approve/veto appointments approve/veto appointments
� Executive Executive
— Appointed by council — Directly elected
— No veto power — May have veto power
— Appoints officials, prepares — Appoints officials, prepares
budget, approves budget, approves
contracts, negotiates with contracts, negotiates with
unions unions
— Also is chief administrator — May have separate chief
administrator
City Forms Pros & Cons
Council — Manager Council — Mayor
Pro Pro
— Exec removable by — Exec has direct political
representatives accountability
— Exec is professional i Con
manager/administrator _ Potential political
— Exec insulated from influence on
political influence administrative decisions
� Con — Professional administrator
— Exec lacks direct needed
political accountability
Town Forms Compared
i Representative TM
— Legislature large
group of elected
representatives �
— Executive is board of
selectmen + manager
■ Open TM
— Legislature is all voters r �r
— Executive is board of
selectmen + manager
Basic Choices
i Authority : Concentrated v. Dispersed ?
i Accountability : Political v. Professional ?
i Citizen participation : Appointed v.
Elected ?