Massachusetts shares with the five other New England states a governmental structure known as the New England town. Only the southeastern third of the state has functioning county governments; in western, central, and northeastern Massachusetts, traditional county-level government was eliminated in the late 1990s. Generally speaking, there are four kinds of public school districts in Massachusetts: local schools, regional schools, vocational/technical schools, and charter schools.
Municipalities
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 providing police and fire services and operating airports.
In contrast, with the possible exception of the Graves Light, all of the land in Massachusetts is divided up among the cities and towns and there are no "unincorporated" areas or population centers, nor townships. (This is generally true of most of the New England states, and is described at length at New England town.) This complicates comparisons with other non-New England states. The U.S. Census Bureau considers Massachusetts cities and towns to be minor civil divisions, equivalent to townships in other states, but townships usually have weaker forms of government. Many Massachusetts residents also identify with neighborhoods, villages, or other districts of their towns and cities.
Services Nearly all municipalities have their own police departments with a couple now sharing services, as do many Massachusetts colleges and universities. The Massachusetts State Police have sole authority under state law for investigating homicides, except for Boston, Worcester, and Springfield but will assist those agencies when needed. Fire protection is generally also provided by municipal fire departments but may be divided among multiple smaller departments servicing just individual villages and population centers. Examples of multiple departments servicing the same towns include Dartmouth (three districts), Palmer (three districts) and Barnstable (five districts, plus an airport department). Massport has its own fire department, and its Crash Fire Rescue organization provides protection on agency property. Fire departments have mutual aid agreements, such as the Massachusetts Metro Fire District in Greater Boston, which facilitate emergency response across department boundaries.
Water and sewer districts are generally operated at the municipal level, providing retail service to residential and business customers, and making provisions for sewage treatment and acquiring water from wells, rivers, or wholesaler. Some local water districts have been consolidated across municipal boundariesFor example, the Dedham-Westwood Water District, formed by a merger in 1986. and some operate at the sub-municipal (village) level.Examples: the Centerville-Osterville-Marstons Mills Water Department in Barnstable, the Buzzard's Bay Water District in Bourne. Running water and sewer service is not necessarily available to all buildings, especially in low-density areas; building owners in these areas must obtain their own water and dispose of their own sewage. The Massachusetts Water Resources Authority provides wholesale water and sewer services to many cities and towns, mostly in Greater Boston, in cooperation with DCR watershed land management. Combined sewers in some areas are being separated to reduce water pollution.
State laws delegate limited control over building, alcohol, marijuana, gambling, and taxi licenses to municipal governments. Municipal governments own most roads, and many use police and traffic control officers to enforce their own parking regulations, and set speed limits and various restrictions on local roads within state parameters. Maintenance of state-owned roads (typically major), setting the rules of the road, driver and vehicle licenses, and public transportation are MassDOT responsibilities, though regional transportation agencies such as the MBTA are funded partly by fees paid by municipalities.
Limits to municipal government Many Massachusetts towns were established during the British colonial period, long before the existence of an independent United States. 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.
As in most of New England, the powers of Massachusetts cities and towns are set forth in the state constitution, state statutes, and municipal charters. However, the laws regulating their authority have historically been very broadly construed, and there is a long-standing tradition of local autonomy.
In 1966, the Home Rule Amendment to the Massachusetts Constitution created a limited home rule mechanism explicitly granting certain powers to cities and towns.Constitution of Massachusetts Commonwealth of Massachusetts. Retrieved January 30, 2007.Article of Amendment 89 to the Massachusetts ConstitutionDavid J. Barron, Gerald Frug, and Rick T. Su, Harvard Law School. "Dispelling 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, a municipality 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 are quite limited, and sometimes uncertain until tested in court.)
The legislature is prohibited from passing any special laws that affect fewer 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 from 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 1966 amendment continued and expanded upon the long-standing tradition of local autonomy.
The Zoning ActMassachusetts General Laws, Chapter 40A grants substantial zoning powers to municipalities. The Massachusetts Subdivision Control LawMassachusetts General Laws, Chapter 41, §§ 81K–81GG. also concerns land use regulation.
Form of government: city vs. town Notable municipalitiesby population (2002)Secretary of the Commonwealth fact sheet titled "Massachusetts Area Code Regions". Updated 22 July 2002.PopulationLargest cityBoston667,137Largest townBrookline58,732Smallest cityNorth Adams13,708Smallest townGosnold75
As in most of New England, the distinction between a "city" and "town" as defined in Massachusetts law is primarily related to the form of government that the municipality has chosen. A town is governed under a town meeting form of government–either via an open town meeting or representative town meeting, with a board of selectmen handling town affairs between meetings. A city has a council or board of aldermen (and may or may not have a mayor, a city manager, or both).
Prior to 1821, the only recognized form of government in Massachusetts was the town meeting. On April 9, 1821, an amendment to the state constitution was approved that permitted municipalities to choose other forms of government. On February 23, 1822, the Governor approved an act that granted a city form of government to Boston. The new charter for "the City of Boston" was drafted by Lemuel Shaw, later Justice of the Massachusetts Supreme Judicial Court. The voters of Boston approved the acceptance of the proposed city charter on March 4, 1822.
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.
State law defines six possible options for city governments:43 MGL 1, via Mass. gov Plan A - "Strong mayor" - Mayor and a city council, the councilors being elected at large. Party primaries prohibited. Plan B - "Weak mayor" - Mayor and city council, the councilors 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 council and the school committee elected at large by proportional representation. Plan F - "Partisan mayor-council" - Mayor and city council, the councilors being elected partly at large and partly from wards of the city, with political party primaries.For a complete list of the forms of government of all cities and towns, see 2005-06 Massachusetts Municipal Directory Massachusetts Municipal Association. pp178-181.
There are also certain operational differences between cities and towns. For instance, changes to town by-laws require approval by the Massachusetts Attorney General, but changes to city ordinances do not.
A 1966 amendment to the Massachusetts Constitution affirmed the right of local municipalities to self-government and to the exercise of powers not inconsistent with state law. It also prohibited the state legislature from abolishing or combining cities and towns without their consent, and made it illegal for the legislature to enact legislation affecting only one municipality without that community's request or consent.
As part of the amendment, Massachusetts for the first time allowed cities and towns to draft and adopt their own home rule charters without receiving permission or approval from the state. The legislature adopted the state Home Rule Procedures Act to establish a process to accomplish the constitutional mandate.
For towns without a home rule charter, changes in the structure of the local government must be approved by petitioning the General Court for special legislation giving it that authority, or through adoption of one of the so-called Acceptance Act Charters, A through F. Communities with home rule charters must also request a Special Act in order to exercise a power the state has reserved to itself, such as increase the number of liquor licenses allowed in a city or town.