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HomeMy Public PortalAbout2021_0124 Collins_Charter Preambles - ExamplesUMASS BOSTON EDWARD J. COLLINS, JR. CENTER FOR PUBLIC MANAGEMENT JOHN W. McCORMACK GRADUATE SCHOOL OF POLICY AND GLOBAL STUDIES UNIVERSITY OF MASSACHUSETTS BOSTON Memorandum TO: Watertown Charter Review Committee FROM: The Collins Center Charter Project Team DATE: January 14, 2021 RE: Massachusetts Municipal Charter Preambles 100 Morrissey Boulevard Boston, MA 02125-3393 P: 617.287.4824 F: 617.287.5566 mccormack.umb.edu/centers/cpm collins.center@umb.edu Overview As with many Massachusetts municipal charters, the current Watertown charter does not have a preamble. This is not particularly unusual, as there is no legal requirement to have one, and preambles have no legal power. The value of a preamble is therefore purely symbolic. The Pros and Cons of Preamble The main pros of a preamble would potentially include: • having a statement that frames up the purpose of the charter; and • having a statement that can act as a mission and/or vision statement for the Town government and possibly even the community itself. The main cons would potentially include: • creating a statement that could becomes outdated; • alienating or offending some portion of the populace, either through what is put in the preamble or through what is omitted; and • the time and energy required for development (particularly, for this committee, given the very short timeline). In Watertown's case, given the concerns raised in the meetings so far about the lack of a coherent vision for the Town amid a period of rapid growth and change, the project team believes that the charter could benefit from a thoughtful and well -crafted preamble that provides a central location that both Town officials and residents alike could use as a start point for understanding what the Town is and what it is striving to become. However, drafting a preamble could be a time-consuming effort, and the Committee has limited time left to accomplish its main work. For that reason, the project team had recommended that the attempt to draft a preamble (or to determine that it is not the right step, if that ends up the case) be given to a subcommittee. 1 What a Preamble Might Include Most preambles are short and straightforward. They directly mirror language from the Home Rule Amendment of the Massachusetts Constitution, which reads (bold and underlining added for emphasis): "Article II . Section 1. Right of Local Self -Government. - It is the intention of this article to reaffirm the customary and traditional liberties of the people with respect to the conduct of their local government, and to grant and confirm to the people of every city and town the right of self- government in local matters, subject to the provisions of this article and to such standards and requirements as the general court may establish by law in accordance with the provisions of this article." The Town of Falmouth's charter preamble is an example of this kind of text. Falmouth "We, the people of the Town of Falmouth, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantages inherent in the home rule amendments of the Constitution of the commonwealth, do hereby adopt the following Home Rule Charter for this town." However, other municipalities have decided to go beyond that and include more of a mission and/or vision statement for the municipal government and sometimes for the community itself. Below are three Massachusetts charter preambles (Framingham, Harvard, and Longmeadow) that provide examples of different and more elaborate text that include more of a vision statement for their respective municipal governments and communities. Framingham "We, the people of Framingham, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, do adopt this Home Rule Charter. We need and want a local government that represents all of us, that supports vibrant neighborhoods, provides quality schools, protects safe and secure homes, values our elders, celebrates diversity, supports local businesses, promotes community participation, and cares for those in need. It is the expectation and intent that the Charter will continue and enhance voter participation, ethical, transparent and responsive leadership, wise use of public resources, respect for all in the community, and an engaged citizenry. We expect and intend that our government will promote equality, and be welcoming and inclusive." Harvard "People of the Town of Harvard in the Commonwealth of Massachusetts, in order to assure the effectiveness of Town government, facilitate the delivery of services, maintain a high quality of life, be responsive to future needs and opportunities, and encourage public participation in municipal affairs — all in accordance with the Home Rule Amendment to the Constitution of the Commonwealth — do ordain and establish this Home Rule Charter for the Town of Harvard. 2 "Our community is committed to the principle of equal opportunity for all. We believe that civil conduct in public affairs promotes participation in democracy and that by sharing our ideas and opinions with others in thoughtful and considerate ways, we build a stronger and more diverse community. Inclusionary procedures ensure all voices are heard and all citizens are emboldened to contribute to Harvard's governance and community spirit. Our talents, the depth of our goodwill, and our diverse perspectives are fundamental to Harvard's well being." Longmeadow "We, the people of the Town of Longmeadow, adopt this charter to create a governing framework that provides for delivery of town services in a way that is accountable, efficient, collaborative and responsive to the residents of the town and that continuously enhances our town assets and resources." These examples show some of the ways charter -drafting committees decided to use the preamble to go beyond the simple statement reaffirming local self-government. (There are about a dozen more preambles in Appendix A. They are intended to provide a range of different examples.) As far as the project team understands, the only vision or mission statement that exists for Watertown is the vision statement included in the Town's 2015 comprehensive plan. (See Appendix B for this vision statement.) This statement could be used to help generate initial directions for a charter preamble, although it is arguably too long and too detailed to be included in its entirety. 3 Appendix A: More Sample Charter Preambles Athol: "We the people of the Town of Athol, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantages inherent in the home rule amendment of the constitution of the Commonwealth and General Laws Chapter 438, do hereby adopt the following home rule Charter for this town. It is the intention of this document that it reflects a gender nonspecific approach. Any references to masculine gender are intended to reflect both masculine and feminine gender, and should not be otherwise construed." Barnstable: "The people of the Town of Barnstable, desiring to manage their affairs in an honest, forthright, and efficient manner, and wishing to participate most fully in exercising the rights and responsibilities of local government, and praying for the minimum of interference from the yet larger state, do adhere to this charter. We assert our willingness to assume all responsibility for the conduct of matters pertaining to the town, and do by this document earnestly affirm our right as inhabitants of Barnstable, to live and grow in freedom, dignity, and tranquility." Bellingham: "We, the people of the Town of Bellingham, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantage inherent in the home rule amendment to the Constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for this Town." East Longmeadow: "We, the people of the Town of East Longmeadow, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and take fullest advantage of the Home Rule Amendment to the Constitution of the Commonwealth, do adopt this Home Rule Charter for our Town." Hopkinton: "We, the people of the Town of Hopkinton, Massachusetts, in order to affirm the customary and traditional liberties of the people with respect to the conduct of our local government, and to take the fullest advantage inherent in the home rule amendment of the constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for this Town." Plymouth: "We, the people of the Town of Plymouth, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantages inherent in the home rule amendment of the constitution of the Commonwealth, do hereby adopt the following home rule charter for this town." 4 Provincetown: "We, the people of the town of Provincetown, Massachusetts, in order to reaffirm the customary and traditional liberties of our local government, and to take the fullest advantage of the Home Rule Amendment to the Constitution of the Commonwealth of Massachusetts, do hereby adopt the following home rule charter for this town." Sutton: "We, the people of the Town of Sutton in the Commonwealth of Massachusetts, in order to assure the effectiveness of town government, facilitate the delivery of services, maintain our high quality of life, prepare for future growth, and encourage public participation in municipal affairs, all in accord with the Home Rule Amendment to the Constitution of the Commonwealth, do ordain and establish this Home Rule Charter for the Town of Sutton." Swampscott: "We, the people of the Town of Swampscott, not unmindful of the practical necessity of delegating to a duly constituted Legislature the power to act on behalf of all the inhabitants of the Commonwealth in matters which transcend the boundaries of a single town, but firmly believing that the best government is that which is most directly that of the people themselves, of which belief we recognize Article LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts to be an expression, do hereby adopt and establish this Charter of the Town of Swampscott." Wellfleet: "We, the people of the Town of Wellfleet, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the Constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for this Town." Winchester: "We, the people of Winchester, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantages inherent in the home rule amendment to the constitution of the Commonwealth, do hereby adopt the following home rule charter for the Town of Winchester." 5 Appendix B: Vision Language from Watertown 2015 Comprehensive Plan (page 3) (https://www.watertown-ma.gov/DocumentCenter/View/14558/2015-Watertown- Comprehensive-Plan---Adopted-June-23-2015) Vision for 2025 Watertown envisions a vibrant and diverse future for its community that builds upon its rich foundation of neighborhoods, culture, commercial districts, town squares, diverse street corridors, civic assets, and proximity to the Charles River and Boston. Watertown will continue to foster and strengthen community, ensuring a built environment with diverse institutions, supported schools, celebrated cultural amenities and recreational facilities that provide the cultural cohesiveness so important to the community. With these great qualities and resources in place, the Watertown community envisions a future that: • has a stronger relationship with the Charles River Reservation, where residents and businesses benefit from enhanced connections to the river, more waterfront activities, preservation and respect of the ecology of the river and its natural habitat, making Watertown known to the region as a community that respects and appreciates its natural features. • is shaped by a built environment along each of its squares and corridors that reinforces Watertown's character, achieving balance between design, preservation, and redevelopment efforts in ways that make Watertown known for being a destination and context sensitive design community. • is innovative and a leader in economic development, targeting growth of specific types of development and housing opportunities in ways that support diverse, successful, and environmentally conscious employment centers in balance with neighborhood character and existing development, making Watertown known as a place for innovation. • is proactive in maintaining and developing its infrastructure and public services, with continued support and improvements of the school system, parks and recreation, library, and cultural assets. • is known for celebrating its unique neighborhoods, historic and cultural heritage, and diversity, where visitors and residents alike mingle in distinctive local shops and restaurants, arts venues, beautiful parks, and active plazas, making Watertown known for its eclectic mix of local venues and amenities. • incorporates welcoming, attractive streetscapes and gateways on well -designed pedestrian -oriented, bicycle -friendly, tree -lined streets. • is progressive about sustainability, by investing in smart infrastructure and program choices, making Watertown known as a community that embraces state-of-the-art sustainable practices for the public and private sectors. • Is a community that promotes an active, healthy lifestyle where residents have access to social services, nutritious and affordable food, and places to be physically active. 6