TO: Amherst Charter Commission

FROM: Tanya Stepasiuk, Edward J. Collins, Jr. Center for Public Management

DATE: January 30, 2017

RE: Manager/ Considerations

You asked the Collins Center to present some information regarding the different considerations the Charter Commission might take into account when deciding upon a Mayor or a Manager for the charter.

The following chart represents elements the Commission might consider:

Item Mayor Manager Appointment/Election Elected by voters. Appointed by Council. Residency Must be a resident of the city. May come from anywhere. Charter may include a residency requirement. Qualifications None, but determined by The council can look for someone with popularity among voters. the specific qualifications the municipality wants at that point. General qualifications may be put into charter. Accountability Accountable only to the voters Accountable to the Council. Council (election or recall). may review performance on a regular basis. Relationship with Dependent upon the Appointed by and can be dismissed by Council circumstances. Acts independently the Council. of council in most cases. Veto Power Can typically veto certain Council Has no veto power. actions. Term Unless term-limited, serves in Manager may serve a long tenure or increments of terms until voted out may be terminated by the Council at of office or leaves office. any point. Other limiting factors can be put in employment contract. Future Planning Mayor may have a vision, but must Manager might have the ability to plan be able to execute within his or her for future issues, but may not have a tenure. May be less likely to make mandate from the people or the tough short-term decisions with power to execute a vision. long-term benefits.

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Political Aspects Generally more political as an Typically not seen as political, but elected official. Some time may be rather managerial. No time spent spent campaigning for subsequent campaigning. terms. Power Elements Generally more powerful than a Generally less formal power than a manager. May have more clout Mayor. Power generally rests with outside of the city. Only beholden personality, relationship building, or to the voters. given by the council. Trends Becoming less popular across the Becoming more popular around the country. However, very common in country. larger cities in Massachusetts.

The following questions may help inform a discussion of the issue:

1. Is it important for Amherst to have a leader who is from the community, is deeply connected to it, and will remain significantly involved with all aspects of it (beyond the specific work of city government itself)? 2. Is Amherst more likely to need someone over the long-term who will focus primarily on the mechanics and management of the city government, and will not participate to a significant degree in the community outside the realm of the city government? 3. Does Amherst have a culture and tradition that produce first-rate leaders (whether in government, business, non-profits, or any other realm) and that would make it possible for them to be competitive candidates for a mayoral position? 4. Would combining political and managerial leadership in one person create a position that feels too strong for Amherst? 5. Would the idea of appointing a highly-qualified and experienced manager who was outsider with little knowledge of the community be unacceptable to the majority of the public? 6. Is Amherst politically polarized along some axis that would make mayoral elections more a fight between political factions than a contest over which candidate is going to be more competent, has more valuable experience, and provides a better vision for the city? 7. Are there neighboring cities with one or the other form of government that the public would be likely to use to inform their opinions (positive or negative) about a mayoral form or a manager form?

While most cities in Massachusetts have either a “Strong” Mayor or a Manager, there are a few variations that are worth mentioning.

A “Weak-Mayor.” A weak Mayor system is found only in Worcester, Lowell, and Cambridge in Massachusetts, but found in other cities such as Minneapolis, Sacramento, Phoenix, and . In a weak-mayor system, the mayor has little or no formal authority outside of the council; the mayor cannot appoint or remove officials, and lacks veto power over council votes. The administrative elements of the city are handled by a city manager. Often the Mayor is not elected directly by the voters, but by the itself. However, Worcester does have a form of government in which the Mayor is elected by popular vote, and the City Council appoints a manager.

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Chief Administrative Officer. Some cities have been concerned that a Mayor might not bring the necessary administrative expertise to the office. Newton has drafted a provision requiring a Chief Administrative Officer with certain qualifications to attempt to ensure that a person with certain qualifications is hired by the Mayor for this function.

Newton’s proposed language:

The mayor shall appoint a chief administrative officer to coordinate and direct the operations of the various departments and functions of municipal government. The chief administrative officer shall serve at the pleasure of the mayor and be appointed on the basis of having strong administrative and executive qualifications or such other qualifications and shall be especially fitted by education, training and experience to perform the duties of the office.

How the Executive Articles Would Differ:

A main difference in the executive article within charters is typically how they approach the duties and responsibilities of the executive. Mayor articles are rather broad with generalizations rather than specific roles. Many of the duties and responsibilities are found within other articles such as the budget and administrative organization articles.

We have attached the executive articles of two cities with Managers (Chelsea and Barnstable) and two cities with (Newton’s current draft version and Northampton). Some of the sections are similar (temporary absence, delegation of power), but others are distinct based upon the choice of Manager or Mayor. Manager articles usually have an articulated list of powers and duties, a section regarding qualifications, and a detailed section on removal. A Mayoral article would include detailed directions for a vacancy. Generally, these are common sections found in each of the types of articles:

o Manager a) Appointment (how made), qualifications (negotiating contract, etc.) b) Powers of appointment c) Administrative Powers and Duties (usually very detailed) d) Compensation e) Vacancy f) Temporary Absence g) Powers of temporary city manager h) Annual review i) Removal (usually detailed) o Mayor a) Qualifications, term, compensation, etc. b) Executive powers – usually broad, general c) Appointment power d) Temporary appointments e) Communications, special meetings

3 f) Approval, veto g) Temporary absence h) Delegation of authority i) Vacancy

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The following chart shows the municipalities with city forms of government as well as their “CEO.” As you can see, a majority (43 out of 56) have strong mayors. Three have “weak mayors” and managers, and 10 have town managers or administrators.

2010 Census # of Registered Municipality Actual Legislative Body CEO Voters Population AGAWAM 28,438 20,269 Council Mayor AMESBURY 16,283 11,950 Council Mayor ATTLEBORO 43,593 26,688 Council Mayor BARNSTABLE 45,193 32,386 Council TM BEVERLY 39,502 25,615 Council Mayor BOSTON 617,594 381,013 Council Mayor BRAINTREE 35,744 24,824 Council Mayor BRIDGEWATER 26,563 15,366 Council TM BROCKTON 93,810 52,062 Council Mayor Mayor- CAMBRIDGE 105,162 64,727 Council Manager CHELSEA 35,177 12,752 Council Manager CHICOPEE 55,298 34,959 Council Mayor EAST LONGMEADOW 15,720 11,095 Council TM EASTHAMPTON 16,053 11,601 Council Mayor EVERETT 41,667 19,167 Council-Aldermen Mayor FALL RIVER 88,857 49,763 Council Mayor FITCHBURG 40,318 21,873 Council Mayor FRANKLIN 31,635 19,911 TA GARDNER 20,228 11,909 Council Mayor GLOUCESTER 28,789 20,976 Council Mayor GREENFIELD 17,456 11,526 Council Mayor HAVERHILL 60,879 40,980 Council Mayor HOLYOKE 39,880 25,041 Council Mayor LAWRENCE 76,377 39,911 Council Mayor LEOMINSTER 40,759 26,957 Council Mayor Mayor- LOWELL 106,519 51,988 Council Manager LYNN 90,329 48,676 Council Mayor MALDEN 59,450 30,168 Council Mayor MARLBOROUGH 38,499 20,167 Council Mayor MEDFORD 56,173 35,445 Council Mayor MELROSE 26,983 19,729 Aldermen Mayor METHUEN 47,255 30,259 Council Mayor NEW BEDFORD 95,072 55,246 Council Mayor

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NEWBURYPORT 17,416 12,914 Council Mayor NEWTON 85,146 55,353 Aldermen Mayor NORTH ADAMS 13,708 9,055 Council Mayor NORTHAMPTON 28,549 20,338 Council Mayor PALMER 12,140 8,367 Town Council TM PEABODY 51,251 33,224 Council Mayor PITTSFIELD 44,737 30,080 Council Mayor QUINCY 92,271 63,219 Council Mayor RANDOLPH 32,112 19,570 Council TM REVERE 51,755 24,738 Council Mayor SALEM 41,340 26,253 Council Mayor SOMERVILLE 75,754 44,673 Aldermen Mayor SOUTHBRIDGE 16,719 11,927 Town Council TM SPRINGFIELD 153,060 84,565 Council Mayor TAUNTON 55,874 33,316 Council Mayor WALTHAM 60,632 35,348 Council Mayor WATERTOWN 31,915 22,272 Town Council TM WEST SPRINGFIELD 28,391 17,438 Council Mayor WESTFIELD 41,094 24,291 Council Mayor WEYMOUTH 53,743 34,564 Council Mayor WINTHROP 17,497 12,020 Council TM WOBURN 38,120 24,963 Aldermen Mayor Mayor- WORCESTER 181,045 103,115 Council Manager

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