Decision Points for Charter Commissions in Towns

The Home Rule Amendment to the Massachusetts Constitution was adopted in 1966. It outlines procedures by which cities and towns – with voter approval – can form municipal charters without state legislative approval. The home rule charter process gives cities and towns the opportunity to design a cohesive government structure that is responsive to local needs and preferences.

What can a charter propose?

The general form of local government:

Mayor-council (requires 12,000 population)

Council-manager

Representative town meeting – selectmen – manager (requires 6,000 population)

Open town meeting – selectmen - manager

Administrators in Town Government:

Almost every home rule charter with a town form of government contains provisions for the appointment, powers, duties and removal of a full-time professional administrator.

Duties performed by a manager/administrator often include:

• Fiscal management, planning and oversight
• Budget preparation and oversight
• Personnel management and labor relations
• Purchasing
• Capital improvement planning
• Coordination of board and commission activity
• Preparation of information and analysis for the policy deliberations of the board of selectmen

Administrative Organization:

A charter may create department structure, authorize reorganization via bylaw, create coordinating/communication mechanisms and create new boards/departments.

Elective and Appointive Offices:

Charters contain a variety of arrangements for the election of certain town boards, commissions and officers.

The chief executive (board of selectmen or mayor), school committee and moderator in an open town form of government must always be elected.

Charters may provide that the Town Clerk, Collector, Treasurer, Board of Assessors and Planning Board are either elected or appointed.

Either the Board of Selectmen of town manager/administrator will be the appointing authority for those officers traditionally appointed or changed from elected to appointed.

The charter usually specifies appointment authority.

The most common arrangements have the selectmen retain authority to appoint boards and commissions, with the manager or administrator appointing officers, department heads and employees.

Many charters provide for the appointment of the Finance Committee, Board of Health, Zoning Board of Appeals, Town Accountant and Town Counsel.

Transition Provisions

• Practical steps for moving from present government to form of government set forth in the charter
• If a board/commission is changed from elected to appointed, create a timeline for changeover of board membership (usual practice it to allow elected members to complete the terms to which they were elected)

Other Features

Charters are generally short, outlining the basic structure of town government. Most charters provide greater detail in the following areas: 

• Responsibilities of the Board of Selectmen
• Responsibilities of the manager/administrator
• Budget preparation procedures, which may include preparation of a capital improvements plan and/or financial forecast

Charter can also include:

• Procedures for filling vacancies
• Procedures for multiple-member bodies
• Authority to enter into interlocal agreements affirmed
• Procedure for periodic charter and/or bylaw review