Massachusetts government

The form of Massachusetts government is provided by the Constitution of the Commonwealth. The legislative power is exercised by the bicameral General Court, which is composed of the Senate and House of Representatives. The executive power generally is exercised by the Governor, although only after receiving the advice and consent of the Governor's Council with respect to certain subjects. Several other officers, including the Attorney General and Secretary of the Commonwealth, perform executive functions and are elected independently. The judicial power is reposed in the Supreme Judicial Court, which superintends the entire system of courts. Cities and towns also act through local governmental bodies that possess only the authority granted to them by the Commonwealth over local issues, including limited "home rule" authority. Most county governments were abolished in the 1990s, although a handful remain.

The capital of Massachusetts is Boston. The seat of power is Beacon Hill, which is home to the legislative and executive branches. The Supreme Judicial Court occupies nearby "Pemberton Hill".

Legislature

"General Court of Massachusetts"

:*Massachusetts Senate::President of the Senate: Therese Murray. 40 members elected to two-year terms.:*Massachusetts House of Representatives::Speaker of the House of Representatives: Salvatore DiMasi. 160 members elected to two-year terms.

Democrats hold a supermajority in each of the two chambers of the General Court.

Executive

There are 151 departments/agencies. However, there are many other independent boards, commissions, or quasi-public agencies as well. It is difficult to divide the 151 departments into the 3 branches (Legislative, Judicial, and Executive) because there are departments where the Governor has only indirect control over operations, exerted by appointments to vacancies as they become available.

* Massachusetts Governor's Council (elected every two years)

Some executive agencies are delegated by the legislature with the responsibility of formulating regulations by following a prescribed procedure. Most of these are collected in the Code of Massachusetts Regulations.

Judiciary

Supreme Judicial Court
*Chief Justice Margaret H. Marshall
*Justice John M. Greaney
*Justice Roderick L. Ireland
*Justice Francis X. Spina
*Justice Judith A. Cowin
*Justice Robert J. Cordy
*Justice Margot Botsford

Appeals Court

Trial Court:Superior Court:District Court:Land Court:Land Court:Housing Court:Juvenile Court:Probate and Family Court:Boston Municipal Court

Local government

Massachusetts shares with the five other New England states, plus New York and New Jersey, a governmental structure known as the New England town.

The incorporation of land

In many other states, a town is a compact incorporated area; between the towns are unincorporated areas, usually quite large, that do not belong to any town. Such states are completely apportioned into counties, and county governments have significant importance, particularly to those living outside towns, and often perform major functions such as operating airports.

In contrast, all of the land in Massachusetts is divided up among the cities and towns and there are no "unincorporated" areas or population centers. This complicates comparisons with other non-New England states, as most Massachusetts residents identify strongly with the municipality which they reside, and not with the sub-municipality "populated places" as defined and used in the U.S. Census Bureau, which in most data products considers towns to be minor civil divisions, equivalent to townships in other states (usually with much weaker forms of government). However, many Massachusetts residents also identify with neighborhoods, villages, or other districts of their towns. seealso|New England town for further discussion.

Limits to municipal government

Many Massachusetts towns were established long before the United States won its independence from Great Britain. The Massachusetts Constitution was written before the end of the American Revolution (1780). This constitution re-established the relationship between the state government and the towns which was originally specified by the charter which was granted to the Massachusetts Bay Company by King Charles I in 1629.

In 1966, the Home Rule Amendment to the Massachusetts Constitution created a limited home rule mechanism granting certain powers to cities and towns. [ [http://www.mass.gov/legis/const.htm Constitution of Massachusetts] Commonwealth of Massachusetts. Retrieved January 30, 2007.] [Article of Amendment 89 to the Massachusetts Constitution] David J. Barron, Gerald Frug, and Rick T. Su, Harvard Law School. [http://www.ksg.harvard.edu/rappaport/downloads/home_rule/home_rule.pdf "The Myth of Home Rule: Local Power in Greater Boston"] . Rappaport Institute for Greater Boston, 2004. ] According to the Amendment:
* Municipalities may adopt charters without needing state approval
* Municipalities may not regulate elections, collect taxes, borrow money, define civil laws or regulations, define felonies or set imprisonment as a punishment for any offense, or dispose of park land; except as provided by the legislature
* Whether or not it has adopted a charter, any municipalities may exercise any power that the legislature has the power to delegate to it, except in cases where the legislature has already acted, explicitly or implicitly. (Given the large number of matters on which the state legislature has acted, this means the actual powers of municipalities to act are in practice quite limited, and sometimes uncertain until tested in court.)

The legislature is prohibiting from passing any special laws that affect less than two municipalities, except in any of the following circumstances: [Article of Amendment 89 to the Massachusetts Constitution, Section 8]
* Approval of a Home Rule Petition from the municipal government
* By two-thirds supermajority and the consent of the Governor
* Establishing metropolitan or regional agencies with borders different than existing municipalities
* Creation, dissolution, and merger of municipalities, and adjustment of boundaries

Many municipalities seek approval for special legislation giving them desired powers, which may or may not be available to them under the blanket grant of Home Rule, due to potentially conflicting state laws.

The Zoning Act [Massachusetts General Laws, Chapter 40A] grants substantial zoning powers to municipalities. The Massachusetts Subdivision Control Law [Massachusetts General Laws, Chapter 41, §§ 81K–81GG.] also concerns land use regulation.

Form of government: city vs. town

The distinction between a "city" and "town" in Massachusetts is primarily related to the form of government that the municipality has chosen. A town is governed under the selectmen and Town Meeting or Representative Town Meeting form of government. A city has a council or board of aldermen (and may or may not have a mayor, a city manager, or both). This distinction dates to the 1820s; prior to that, each municipality was governed by a Town Meeting.

The state Constitution stipulates that any municipality that has a population under 12,000 cannot adopt “city” form of government and charter; any “town” with less than 6,000 population cannot adopt a Representative Town Meeting charter and form of government. This applies whether or not the municipality has adopted a Home Rule Charter. Other details of city and town government are left to the legislature. [Article of Amendment 89 to the Massachusetts Constitution, Section 8]

State law defines six possible options for city governments: [ [http://www.mass.gov/legis/laws/mgl/43-1.htm 43 MGL 1] , via Mass. gov]
* Plan A - "Strong mayor" - Mayor and a city council, the councillors being elected at large. Party primaries prohibited.
* Plan B - "Weak mayor" - Mayor and city council, the councillors being elected partly at large and partly from districts or wards of the city. Party primaries prohibited.
* Plan C - "Commission" - Mayor and commissioners. Party primaries prohibited.
* Plan D - "Council-manager"- City council of seven or nine (one of whom is the mayor), and a city manager. Party primaries prohibited.
* Plan E - "Council-manager"- City council of seven or nine (one of whom is the mayor), a city manager; members of the counil and the school committee elected at large by proportional representation. Party primaries prohibited.
* Plan F - "Partisan mayor-council" - Mayor and city council, the councillors being elected partly at large and partly from wards of the city, with political party primaries.

After passage of the Home Rule Procedures Act of 1967, it is no longer possible for a municipality to adopt one of these plans. However, 14 cities still have Plan A, B, or E governments because they have not changed their form of government since then. Plans C, D, and F are no longer used.Massachusetts Department of Housing and Community Development. [http://www.mass.gov/dhcd/publications/hrapsc.pdf "Massachusetts Communities Operating Under Home Rule Charters"] (prepared and adopted under provisions of the Home Rule Amendment and M.G.L., c. 43B) ] [For a complete list of the forms of government of all cities and towns, see [http://www.celdf.org/portals/0/pdf/Mass%20Directory%20of%20Forms%20of%20Municipal%20Govt.pdf"2005-06 Massachusetts Municipal Directory"] Massachusetts Municipal Association. pp178-181. ]

There are also certain operational differences between cities and towns. A “city” has a clearly structured annual budget process, set out in statute, and the legislative body is prohibited from increasing any appropriation above the amount recommended by the mayor or other chief executive.Fact|date=February 2007 Changes to town by-laws require approval by the Massachusetts Attorney General, but changes to city ordinances do not.

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.Massachusetts Department of Housing and Community Development. [http://www.mass.gov/dhcd/publications/hrapsc.pdf "MASSACHUSETTS COMMUNITIES OPERATING UNDER HOME RULE CHARTERS"] (prepared and adopted under provisions of the Home Rule Amendment and M.G.L., c. 43B) ]

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.

There is some misconception that these 11 communities must use an arcane reference "the City Known as the Town of X" as their legal name. How a municipality refers to itself is up to the community. The Massachusetts Supreme Judicial Court has ruled that what a municipality calls itself doesn’t matter: “It is the substance of the thing done, and not the name given to it, which controls”. Opinion of the Justices to the Senate, 229 Mass. 600 (Mass. 1918).

Revenues and expenditures

*Local property tax. The Legislature has authorized local governments to administer the property tax under state supervision, and to set property tax rates locally. A 1980 law, passed by popular ballot and known as "Proposition 2½," sets limits on property tax rates. There are three parts to the property tax limit calculation.

**Levy Ceiling: A community may not, in any one year, collect more than 2.5% of the total full and fair cash value of all taxable real and personal property in the community.
**Levy (Increase) Limit. The annual increase of the amount collected cannot exceed 2.5% over the previous year, plus the amount corresponding to increased property values.
**New Growth. Each year, the state Department of Revenue calculates a "new growth" figure for each municipality, allowing that community to increase its levy a certain amount beyond the 2.5% limit to account for value-adding improvements in the local property stock, such as the subdivision of farms to high-priced homes.

:A municipality is permitted but not required to tax up to the levy limit. If a city or town wants to raise more money than it is allowed under either the ceiling or the increase limit, it must get voter approval for a "Proposition 2½ override" or a "Proposition 2½ debt exclusion." An exception is granted for water and sewer debt. Tax increases voted through a debt exclusion must be tied to a certain cost and expire on a future date; an override increase sets a new benchmark for all future 2.5 percent rises. [MGL Ch. 59 Sec. 21C(l)]

*Local income tax. The Massachusetts Constitution was modified in 1915 to permit a state income tax. However, the constitution requires that "such tax ... shall be levied at a uniform rate." This means that local municipalities may not impose a local income tax.

*Local sales tax. The Massachusetts Constitution requires tax rate uniformity, which means that municipal governments may not institute local sales taxes. However, some exceptions have been granted. In 1985, the Legislature granted cities and towns the right to impose sales tax on aviation fuel and hotel/motel occupancy, as a local option.Fact|date=February 2007

*Local aid. A significant portion of the income of cities and towns comes from the state government's general fund, and is known as "local aid".

*Fees. Some municipal fees, such as parking fines and towing fees, are limited by state law. [Barron et al, p. 27]

*Unfunded mandates. State laws which place requirements on cities and towns without increasing financial support to cover increased costs are often criticized as "unfunded mandates" and are a controversial issue in local relations. In theory, Proposition 2½ disallowed unfunded mandates after 1981, and in some cases this has been successfully enforced in court. However, the courts have ruled that the legislature may condition other aid on acceptance of the mandates, partially circumventing the law. [Barron et al., p. 31]

Education

Primary and secondary school attendance is compulsory and free for Massachusetts residents aged 6 - 16.

State law is developed into regulations by the Massachusetts Board of Education to govern local, regional, vocational and charter schools.

All school districts in Massachusetts must employ a superintendent and business (or finance) manager. Many districts also have assistant or associate superintendents, pupil services directors, special education directors, and other administrators, although these are not required by state law.

Generally speaking, there are three kinds of public schools in Massachusetts, plus independent "charter schools." [ [http://www.doe.mass.edu Massachusetts Department of Education] ]

:"Local Schools". Local schools are funded by one municipality. 50% of the municipalities in Massachusetts use local schools for grades Kindergarten through 12. Local schools are administered by the municipality through an elected or appointed school board, and are considered a department of the city or town government. In some cities, such as Malden, the mayor has a permanent seat on the school committee. The capital city of Boston is subject to a special state law which allows the mayor to appoint a school committee of seven. [1991 Mass. Acts 108.] The final budget control for local schools is held by the municipality (Mayor or Town Meeting, respectively), although "town-side" or "city-side" officials have little day-to-day control over School Department operations.

:"Regional Schools". Any two or more municipalities may combine their public schools into one district; 27% of the municipalities in Massachusetts have K - 12 regional schools, while many other communities are served by local primary Schools and regional secondary schools. Regional schools are administered by a school committee that consists of representatives of the municipalities in the region. Final budget control for a regional district is still held by the voters of its member municipalities, however. Participating mayors and Town Meetings still vote on the bottom line of their share of the regional budget. If municipalities within a school district disagree (e.g., if one town funds 100% of the regional school committee's request, and another funds only 75%), a second round of decisions is taken. If the disagreement persists, registered voters within the regional district's boundaries assemble for a "district meeting," similar to a town meeting, at which a majority vote of attendees prevails. Each member city or town must then adjust its own budget to accommodate the voted assessments.

:"Vocational Technical Schools". Several regional school districts overlay the "academic" school district system and provide vocational and technical high schools for students from several communities. Vocational/technical schools are administered by a regional school committee. The structure of this committee is established in the regional agreement. Like any regional school committee, vocational committees have final budget control for school spending decisions, but still depend on local authorities for funding.

:"Charter Schools". Charter schools are publicly funded schools that are subject to different administrative structures from traditional public schools. There are two types of charter schools in Massachusetts:

::"Commonwealth Charter Schools". The category of Commonwealth Charter Schools was created as part of Education Reform in 1993. Commonwealth Charter Schools are formed by passing a charter that defines its administrative structure. Charter Schools are not subject to the collective bargaining agreements that are negotiated for other public schools. There are 51 Commonwealth Charter Schools in Massachusetts. Commonwealth Charter Schools are generally administered by a Board of Trustees that is (elected, appointed???).

::"Horace Mann Charter Schools". Horace Mann Charter Schools were defined in 1997. The charter for these schools must be approved by the local school committee and the local union. There are 8 Horace Mann Charter Schools in Massachusetts. A Horace Mann Chater school is run by a Board of Trustees that is (elected, appointed???)

Massachusetts has a school choice law which allows students to attend a school in a district outside their municipality if the other district has space and approves.

K-12 students may also attend private schools, but these are not state-funded and generally charge tuition. Many are parochial schools operated by subdivisions of the Roman Catholic Church.

"Such attendance shall not be required of a child ... who is being otherwise instructed in a manner approved in advance by the superintendent or the school committee." -- Chapter 76, Section 1.

School Funding

The cost of operating public schools comes from two sources: local government, funded primarily by the property tax, and payments from the state Legislature (out of the state general fund), calculated to provide more aid to economically weaker school districts and thereby equalize educational opportunity across the state. These "Chapter 70" payments are in addition to separate local aid payments to town and city governments' general funds.

Cities and towns are required by state law to spend a minimum amount on education. [Barron et al., pp. 33.]

When a student transfers to a charter school, a certain amount of funding is transferred along with them.

School Construction

School construction and renovation projects fall under the budgetary and land use powers of the municipalities rather than the school boards. [General description of relationship between school committees and municipalities, Malden example: Barron et al., pp. 61-63.]

The growing abolition of counties

By the 1990s, most functions of county governments (including operation of courts and road maintenance) had been taken over by the state, and most county governments were seen as inefficient and outmoded. The government of Suffolk County was substantially integrated with the city government of Boston more than one hundred years ago, to the extent that the members of the Boston city council are "ex officio" the Suffolk County Commissioners, and Boston's treasurer and auditor fulfill the same offices for the county. Thus, residents of the other three Suffolk County communities (Chelsea, Revere and Winthrop) do not have a voice on the county commission, but all the county expenses are paid by the city of Boston.

The government of Nantucket County, which is geographically coterminous with the Town of Nantucket, is operated along similar lines — the town selectmen (executive branch) act as the county commissioners.

Mismanagement of Middlesex County's public hospital in the mid 1990s left that county on the brink of insolvency, and in 1997 the Massachusetts legislature stepped in by assuming all assets and obligations of the county. The government of Middlesex County was officially abolished on July 11, 1997. Later that year, the Franklin County Commission voted itself out of existence. The law abolishing Middlesex County also provided for the elimination of Hampden County and Worcester County on July 1, 1998. This law was later amended to abolish Hampshire County on January 1, 1999; Essex County on July 1 of that same year; and Berkshire County on July 1, 2000. [http://www.state.ma.us/legis/laws/mgl/gl-34B-toc.htm Chapter 34B of the Massachusetts General Laws] allows other counties either to abolish themselves, or to reorganize as a "regional council of governments", as Hampshire and Franklin Counties have done. The governments of Bristol, Plymouth, and Norfolk Counties remain substantially unchanged. Barnstable and Dukes Counties have adopted modern county charters, enabling them to act as efficient regional governments.

Federal government

Since the 1991 redistricting, Massachusetts has ten seats in the United States House of Representatives. Since 1997, they have all been Democratic. With two Democratic United States Senators, Massachusetts the largest single-party delegation in Congress (twelve Democrats).

Law

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For legal research, "see" [http://www.mass.gov/legis/laws/mgl Mass. General Laws on-line]

Criminal law

Voting rights of prisoners: Current prisoners convicted of felonies may not vote. However, Massachusetts does not prohibit former prisoners convicted of felonies from voting.

Capital punishment: Massachusetts does not have a capital punishment statute. However, the Constitution of the Commonwealth of Massachusetts explicitly authorizes the Massachusetts Legislature (General Court) to enact statutes providing for capital punishment. [See article of amendment CXVI of the Massachusetts Constitution.] Since the abolition of capital punishment in the Commonwealth, attempts have been made by supporters of capital punishment to reestablish it in Massachusetts; however, these attempts have failed in the Legislature.

Regulations

See Code of Massachusetts Regulations.

Open standards

Massachusetts became the first state specifically to address open formats for its state government digital documents and its importance to public documents. Following a [http://www.mass.gov/eoaf/open_formats_comments.html proposed open format standard] announced by Eric Kriss, the state's Secretary for Administration and Finance, Massachusetts convened an open format summit on June 9, 2005. Attendees included Secretary Kriss, state CIO Peter Quinn, and representatives of both proprietary and open formats.

On August 31, 2005, Massachusetts released a revised draft of its open format policy that explicitly endorsed the OASIS OpenDocument formats beginning in 2007, the first state to take such action. The implication for software vendors is that their products must support open formats by 2007 or they will be removed from state employee desktops.

ee also

*Massachusetts Constitution

References

External links

* [http://www.mass.gov/legis Massachusetts General Court] .