Massachusetts

Massachusetts ranks 33rd among the states in number of area. Administrative services—the jail, the sheriff, local governments, with 841 as of June 2002. the courthouse, and the deed registry—previously pro- vided by the county government will be transferred to the state government. COUNTY GOVERNMENTS (5) In Massachusetts counties with county government, the The entire area of the state is encompassed by county governing body is called the board of county commission- government except for the following areas: ers. County County governments in Massachusetts perform limited Suffolk County functions. County governments traditionally have been responsible for provision of jails and other correctional The area and the governing body of Nantucket County are institutions, recording of deeds, and provision of court- identical with those of of Nantucket; the town houses. The counties may also maintain agricultural selectmen serve as county commissioners. Nantucket is schools (see ’’Public School Systems,’’ below) and hospi- counted as a town government, rather than as a county tals. government, in census reporting. State legislation enacted in 1985 empowers each county, Suffolk County encompasses an area larger than the city except Barnstable County that became a home-rule county of , but is substantially consolidated with that city in 1988, to adopt a charter or to revise an existing charter. for governmental purposes. The combined city and county A charter study commission formed for such purpose is government is counted as a municipal government, rather charged with the review of functions provided by the than as a county government, in census reporting.1 county government and with the determination of what, if any, form of county government will exist in each county. Legislation to abolish seven county governments has been Each county has the option of having all or a part of the enacted by the state legislature: traditional county administrative activities—the jail, the sheriff, the courthouse, and the deed registry—transferred Effective July 1, 1997 to the state government. The sheriff and the registrar of Franklin County deeds, if transferred to the state government, become Middlesex County state government employees, but continue to be locally elected officials. Suffolk County transferred the county Effective July 1, 1998 deed registry to the state government effective September Hampden County 1, 1998. Worcester County Subject to county referendum, a county may adopt one of Effective January 1, 1999 three forms of government—county executive plan, Hampshire County county manager plan, or board chairperson plan—set forth in general laws. In lieu of adopting a form of government Effective July 1, 1999 specified in general laws, subject to state legislative enact- County ment, a county has the option to: Effective June 30, 2000 Operate under a special charter. Berkshire County Operate under an unchanged form of county government. Operate under a modified form of the existing county gov- The Franklin Regional Council of Governments Authority, ernment after determining which county agencies and classified as a special district government for census pur- operations will be changed, which will remain a part of poses, was created by special act. It provides services on a the county government, and which will be placed under fee-for-service basis for 26 townships within the Franklin another governmental system. Abolish the county government after determining that all or some of the county agencies or operations will be 1The cities of Chelsea and Revere, and the town of Winthrop, all located in Suffolk County, continue to exist as separate gov- taken over by the state or allowed to exist as part of a ernments. regional system.

Governments—State Descriptions Massachusetts 1

U.S. Census Bureau SUBCOUNTY GENERAL PURPOSE GOVERNMENTS Dependent Public School Systems (248) (351) Massachusetts statutes provide for the following types of The 351 subcounty general purpose governments in Mas- dependent public school systems: sachusetts comprise 45 municipal (city) governments and State dependent systems (1): 306 town governments. These two types of governments Essex Agricultural and Technical High School are distinguished primarily by the historical circumstances Systems dependent on county governments (2): surrounding their incorporation. In Massachusetts, city County agricultural schools and town governments have similar powers and perform similar functions. Systems dependent on municipal governments (44): City school systems

Municipal Governments (45) Systems dependent on town governments (205): 2 The term ‘‘municipality’’, as defined for census statistics Town school systems on governments, applies only to cities in Massachusetts. Essex Agricultural and Technical High School was taken Towns, which are treated as municipalities in Massachu- over by the state when its parent county was abolished in setts statutes, are counted for census purposes as towns 1999. It is governed by a board of trustees consisting of rather than municipal governments (see below). Massa- seven members, which are appointed by the governor. chusetts cities are established by special acts of the Gen- County agricultural schools are governed by boards of eral Court (the minimum population requirement for incor- trustees consisting of the board of county commissioners poration as a city is 12,000). Cities exist outside the area in an ex officio capacity plus other members appointed by of any town and, in addition to usual city functions, have the Governor. They are financed through county appro- responsibility for services handled in other parts of the priations. County agricultural schools are classified for state by town governments. Cities may adopt home-rule census purposes as dependent agencies of county govern- charters or one of several standard charters. ments and are not counted as separate governments. In June 2002, there only two of these schools in opera- Town or Township Governments (306) tion. Although not differing in legally authorized powers from In June 2002, there were 44 city school systems and 205 cities, units in Massachusetts designated as ‘‘towns’’ are town school systems in operation. Each of these has an counted in census statistics as a separate type of govern- elected school committee to administer the schools but ment, including those towns that have a ‘‘representative their fiscal requirements are determined and provided for ’’ form of government. Massachusetts towns by the respective city and town governments. City and may adopt home-rule charters. town public school systems are classified for census pur- poses as dependent agencies of city or town governments The entire area of the state is encompassed by town gov- and are not counted as separate governments. ernments except for areas located within the boundaries of cities. Other Educational Activities Educational collaboratives in Massachusetts may be PUBLIC SCHOOL SYSTEMS (330) formed by agreement between any two or more public school systems to provide vocational or special education. School District Governments (82) A board of directors appointed by the participating school systems governs each collaborative. The collaboratives Only the following types of school districts in Massachu- may receive contributions from participating public school setts are counted as separate governments for census pur- systems and may accept state and federal grants. As of poses: June 2002, 32 education collaboratives were in operation. Regional school districts In Massachusetts, the superintendency or school Regional vocational-technical school districts districts (for the joint employment of superintendents) are Independent vocational schools classified as joint educational service agencies of the pub- lic school systems they serve and are not counted as sepa- Each of these types of school districts is created by elec- rate governments. In addition, the following are not tion. The type of governing body is determined at the election creating the district. These districts may issue 2Of the 307 towns in Massachusetts, only 205 towns have bonds and determine their fiscal needs, which are pro- their own school systems. Of the 205 town school systems, 199 vided by the participating towns. As of June 2002, there are currently in operation. Six of the town school systems are were 55 regional school districts, and 30 regional nonoperating, and may tuition out all or some of their students. The remaining 10 towns with no dependent school systems are vocational-technical school districts and independent members of 12- district systems and have no school com- vocational schools. mittees.

2 Massachusetts Governments—State Descriptions

U.S. Census Bureau counted as separate governments but are classified as Economic Development joint activities of the public school systems served: voca- Authority tional school districts (for joint administration of voca- This authority was created by special act to acquire prop- tional education programs) and school districts for the erties in Worcester County contaminated by oil or hazard- employment of guidance and placement directors. ous material for the purpose of reclamation and develop- The junior colleges in Massachusetts may be established ment. The board consists of one member from Worcester by cities or towns and are classified as dependent agen- city and each participating town. The authority apportions cies of the city or town they serve. They are not counted costs to Worcester city and the participating towns, which as separate governments. Only one municipal junior col- levy taxes to meet their proportionate share. lege (in Quincy) was reported in operation as of June 2002. Conservation Districts Conservation districts to provide soil conservation are cre- SPECIAL DISTRICT GOVERNMENTS (413) ated by the State committee for conservation of soil, water Massachusetts statutes authorize the creation of a variety and related resources of the department of natural of special districts or authorities that are counted as gov- resources on petition of landowners. An elected board of ernments. These are discussed in detail below. supervisors governs each district. The district may require contributions from benefited landowners and may accept Burncoat Pond Watershed District assistance from any government.

This district was created to maintain the watershed Fire and/or Water Districts around Burncoat Pond. It is governed by a board of five Fire and/or water districts have been individually estab- managers, three of whom are elected at the annual meet- lished by special acts, subject to local referendum, that ing, and one each appointed by the boards of selectmen provide substantially uniform provisions as to their opera- of the towns of Leicester and Spencer. Primary revenue is tion and financing. These districts may provide fire protec- obtained from a local property tax. tion, water supply, or both. An elected board of commis- Boston Metropolitan District sioners governs each district. The district may fix rates for the use of facilities and levy taxes with the approval of the This district was created by a 1929 special act for the pur- voters. pose of planning and financing improvements in the Boston . It is separate from the Also included under this heading are fire districts set up Metropolitan District Commission (listed below under under a general law authorizing the creation of fire dis- ’’Subordinate Agencies and Areas’’). Its governing body is a tricts in towns of less than 2,000 population by the board board of trustees, with four members appointed by the of selectmen on petition and after referendum. The gov- Governor and one by the . erning body of each such fire district is an elected pruden- tial committee. The district determines its own fiscal This district acted as the financing agent for the former needs, for which the town levies ad valorem taxes. Metropolitan Transit Authority (see Transportation Authority, below) and will continue as such Housing Authorities for the liquidation of bonds issued for the Metropolitan A general law in Massachusetts provides for the creation Transit Authority. District fiscal needs are met by assess- of housing authorities in cities and towns. Each authority’s ments against the 14 cities and towns included in the dis- governing body has five members. One member is trict area and from principal and interest payments on appointed by the state department of community affairs. bonds of the Metropolitan Transit Authority. The other four members are appointed by the city govern- Cambridge Public Health Alliance ing body (in cities) or are elected (in towns). The authori- ties may fix rates and charges for use of facilities; issue This public regional health care system was created from a bonds; and receive loans, grants, or appropriations from merger between The and Somerville the federal government or other sources. Massachusetts Hospital in 1996. The alliance was expanded in 2001 to housing authorities may undertake redevelopment include Whidden Memorial Hospital in Everett. This public projects in addition to providing assisted housing. health system works closely with the Cambridge Public , more than 20 primary care practices, Any combination of cities and towns may form a regional and Network Health (a statewide managed Medicaid health housing authority, with the same powers as city or town plan) to better serve Cambridge, Somerville, and Boston’s housing authorities. Metro-North region. This unit is governed by a board of 19 Improvement Districts members, including the chief executive officer. Their terms and appointment are outlined by Massachusetts Improvement districts provide street lighting, libraries, Statutes. sidewalks, and protection. The districts may be

Governments—State Descriptions Massachusetts 3

U.S. Census Bureau established by vote of the town meeting. An elected pru- costs to member cities and towns. Similar provisions dential committee governs each district. The district may apply to regional refuse disposal districts established by levy ad valorem taxes. special acts. These districts also may be known as solid waste management districts. Massachusetts Bay Transportation Authority Regional Transportation Authorities This authority operates, manages, and coordinates bus Two or more cities or towns may establish a regional and rail transit and commuter rail service in the Boston transportation authority to provide, operate, and maintain metropolitan area. It was established by 1964 legislation transit service. The governing body consists of the mayor and replaced the former Metropolitan Transit Authority. A or the city manager of each member city and the chairper- seven-member board of directors governs the authority. son of the board of selectmen or town manager of each Six, excluding the chairperson, are appointed by the Gov- member town. The authorities may fix rates and fares; ernor with the approval of designated agencies. The accept gifts, grants, and loans from any source; and issue authority may fix rates and fares; accept gifts, grants, and bonds. loans from any source; and issue bonds. Participating cit- ies and towns are assessed annually based on commuter Restoration/Preservation Districts usage. These districts are created by special acts for lake rehabili- Massachusetts Municipal Wholesale Electric tation, preservation, maintenance, and recreation projects. Company The districts are governed by a prudential committee and an elected clerk and treasurer. The districts may levy spe- This company is a public corporation organized to provide cial assessments; issue bonds; and accept financial assis- and operate facilities for the wholesale generation of elec- tance from the federal government, the commonwealth, tric power. It is governed by a board of nine members, specified local governments, charitable foundations, or seven of whom are elected by member cities and towns private sources. from among their respective managers of municipal light- ing and members of their municipal light boards. Two Sewer Districts additional board members are appointed by the Governor. Sewer districts are individually established by special acts The company may fix charges for the sale of electric to provide sewerage facilities but with substantially the power to member cities and towns and may issue bonds. same provisions as to their organization and operation. An elected board of commissioners governs each district. The Mendon-Upton Library District boards may fix charges, levy taxes and/or benefit assess- This entity was organized to construct, maintain, and ments, and issue bonds. operate a public library within the towns of Mendon and The South Essex Sewerage District board consists of Upton. The district is governed by a board of six appointed and ex officio officials of the establishing gov- trustees—three members from the two towns. Board mem- ernments. This district determines its own fiscal require- bers are popularly elected in each town, and serve 3-year ments and apportions the amount to be contributed by terms. The district may receive gifts and grants, acquire each participating government. real property, issue bonds and notes, and to accept assessments from the two towns. South Shore Tri-Town Development Corporation Formerly the Naval Air Station (NAS) at South Weymouth, Northern Berkshire Industrial Park and this military installation was closed and a plan was Development Corporation adopted to initiate its reuse as an economic hub for the local (town) communities of Abington, Rockland, and Wey- This entity was created by special act. The board of direc- mouth. The corporation was created to carry out those tors consists of six members appointed by the Governor duties. It is governed by a board of five directors that are and the economic development coordinators, ex officio, appointed by the boards of selectmen from the three for the city and towns of North Adams, Adams, and Will- towns. Among a variety of corporate powers, this corpora- iamstown. The entity may collect fees, rents and charges tion has the authority to hold, sell, and lease property; to for its services and facilities, and issue revenue bonds. accept grants and gifts; and to assess and collect taxes Regional Refuse Disposal Districts within the NAS South Weymouth Redevelopment Area in order to generate revenue. General law authorizes cities and towns to establish regional refuse disposal districts after referendum. A com- Transportation Areas mittee, selected by agreement between member cities and A single city or town, or two or more cities or towns, after towns, governs each regional refuse disposal district. The local referendum, may establish transportation areas for district committee may issue bonds and apportion district operation of transit systems. A board of trustees,

4 Massachusetts Governments—State Descriptions

U.S. Census Bureau appointed by the city councils and town selectmen, gov- subordinate agencies of the state or local governments erns each transportation area. The area board of trustees and are not counted as separate governments. Legal provi- may fix and collect tolls, rates and fees, and issue bonds. sions for some of the larger of these are discussed below Participating cities and towns may be assessed for any (see ’’Public School Systems,’’ above, regarding educational deficit. The Greenfield-Montague Transportation area was agencies of this ). established under this law. Building authorities (state). The Massachusetts State U.S. Naval Shipbuilding Corporation Colleges Building Authority, the Southeastern Massachu- setts University Building Authority, the University of Lowell This unit was reclassified as a state agency in 2001 (see Building Authority, the University of Massachusetts Build- ‘‘Subordinate Areas and Agencies,’’ below). ing Association, and the University of Massachusetts Build- Upper Cape Regional Water Supply Cooperative ing Authority were all created by special acts to construct and lease buildings for use by state agencies and institu- This unit was created to provide supplementary water ser- tions. Each of these authorities is governed by a board vices in the towns of Bourne, Falmouth, Mashpee, and appointed by the Governor. All of these agencies may Sandwich. The cooperative is governed by a board of man- issue bonds to be financed from rental income from prop- agers, consisting of two members appointed by each erties constructed and leased. member government. The cooperative may charge fees, and issue revenue bond. Massachusetts Convention Authority (state). This authority was created by act of the general court to Water Pollution Abatement Districts develop facilities in the Boston area. General law provides that water pollution abatement dis- The authority is governed by a board of 13 members, 9 of tricts may be established by one or more cities or towns whom are appointed by the governor, plus 2 appointed by after local referendum. The governing body is the district the mayor of Boston, the secretary of administration and commission. It consists of two members selected by the finance, and the collector-treasurer of the city of Boston. board of selectmen of each participating town and two The authority may fix rates, fees, and charges, receive members selected by the of each participating state appropriations, and issue revenue bonds. city, with one additional member appointed if a city or town has more than 20,000 population, and two addi- Massachusetts Health and Higher Educational Facili- tional members appointed if the city or town has more ties Authority (state) . This authority was created by act than 50,000 population. These districts may receive of the general court to finance the of facilities grants and contributions, and may issue general obliga- for hospitals, institutions of , schools for tion bonds. District costs are apportioned to member cit- the handicapped, and cultural institutions. A board of nine ies and towns. Some districts of this type are called ‘‘water members appointed by the Governor governs the author- quality districts’’ or ‘‘sanitary districts.’’ Similar provisions ity. The authority may fix rates, rents, fees and charges; apply to water pollution control districts authorized by receive grants, loans, and contributions; make mortgage special acts. loans; and issue revenue bonds.

Woburn Golf and Ski Authority Massachusetts Home Mortgage Finance Agency (state). This agency was created by act of the general This authority was created by special act to establish and court to provide mortgage credit for low and moderate operate golf and ski facilities in a portion of the city of income housing. The agency board consists of the nine Woburn. The board of directors consists of nine members members of the Massachusetts Housing Finance Agency, appointed by the mayor of Woburn with the approval of ex officio. The agency may fix fees and charges, accept the city council. The authority may fix and collect rates gifts and grants, make mortgage loans, and issue revenue and fees and issue revenue bonds. bonds. Worcester Health and Hospitals Authority Massachusetts Housing Finance Agency (state). This Created to manage , this unit was agency was created by act of the general court to finance dissolved in 1993. Both the hospital and Emergency Medi- the construction and the rehabilitation of low and moder- cal Services of Worcester were assumed by The University ate income housing. The agency is governed by a board of of Massachusetts Medical Center of Worcester. nine members, seven of whom are appointed by the Gov- ernor, plus the secretary of communities and development SUBORDINATE AGENCIES AND AREAS and the secretary of administration and finance who serve Shown below are various governmental designations in in an exofficio capacity. The agency may make mortgage Massachusetts that have certain characteristics of govern- loans; set interest rates; accept gifts, grants, and contribu- mental units but that are classified in census statistics as tions, and issue revenue bonds.

Governments—State Descriptions Massachusetts 5

U.S. Census Bureau Massachusetts Authority (state). This authority Affairs. Redevelopment authorities may issue bonds, col- was established by 1956 special legislation. Its board con- lect rentals, and receive grants, loans, and contributions sists of seven members appointed by the Governor with from any source. Cities and towns may appropriate money the consent of the Governor’s council. The authority may for the authorities. charge tolls, rates, fees and rentals; receive grants from Other examples include: any federal agency and contributions from any source; and issue revenue bonds. This authority has acquired and State now administers the Bridge, the Port of Bos- control districts ton and the state-owned , including the General Community Economic Development Assistance International (Logan Air- Corporation port and Lawrence G. ). Government Center Commission Health districts Authority (state). This Massachusetts Commonwealth Zoological Corporation authority was established by special act to build, operate, Massachusetts Community Development Finance and maintain the Massachusetts Turnpike and the East Authority Boston toll . Its board consists of three members Massachusetts Corporation for Educational Telecommuni- appointed by the Governor. The authority may fix tolls and cations charges, accept federal agency grants and contributions Massachusetts Development Finance Agency (merger from any source, and issue revenue bonds. Massachusetts Government Land Bank and Massachusetts Massachusetts Water Resources Authority (state). Industrial Finance Agency) This authority was created in 1985 by act of the general Massachusetts Educational Financing Authority court to operate the water supply and sewage disposal (formerly Massachusetts Education Loan Authority) system in the Boston metropolitan area. A board of 11 Massachusetts Horse Racing Authority directors governs the authority, including 4 members Massachusetts Legal Assistance Corporation appointed by the Governor, 3 members appointed by the Massachusetts Technology Development Corporation mayor of Boston, 3 members selected by an advisory Massachusetts Technology Park Corporation board representing local governments in the area and the Massachusetts Water Pollution Abatement Trust secretary of the executive office of environmental affairs Mosquito control projects ex officio. The authority may impose charges, fees and Pollution Liability Reinsurance Corporation rates, may specify the amounts to be assessed participat- State Lottery Commission ing cities and towns, and issue revenue bonds. U.S. Naval Shipbuilding Corporation Woods Hole, Martha’s Vineyard, and Nantucket Steamship Metropolitan District Commission (state). This com- Authority mission was established by act of the general court. Its County current functions include the acquisition and maintenance of parks, and the construction, maintenance, and opera- Hospitals for chronic diseases tion of a system of watersheds, reservoirs, and water Municipal rights to supply pure water to the Massachusetts Water Resource Authority. The commission is governed by one Airport commissions commissioner and four associate commissioners Beverly Harbor Management Authority appointed by the secretary of environmental affairs with Boston Water and Sewer Commission the approval of the Governor. The commission accepts Drinking water protection districts grants and gifts and receives revenues from charges and Economic development and industrial corporations—1972 state appropriations. Annual assessments are levied on general law; also special acts cities and towns for parks, and the Massachusetts Water Historic districts Resource Authority for water supply to cover costs; pro- Holyoke Geriatric Authority portions for cities and towns are set by law. Incinerator authorities Industrial development financing authorities Redevelopment authorities or community develop- Neighborhood Development Agency (Boston) ment authorities (municipal and town). Any town or commissions and authorities city may establish such an authority by declaring a need. Pittsfield Civic Authority The local housing authority, if any, must consent. A five- Public beach districts member board administers each redevelopment authority, Regional health districts with four members either appointed by the mayor or the Regional industrial commissions city manager (in cities) or elected (in towns), plus one Veterans’ service districts member appointed by the Department of Community Waste disposal facilities financing authorities

6 Massachusetts Governments—State Descriptions

U.S. Census Bureau Town maintenance districts Veterans’ service districts Airport commissions Waste disposal facilities financing authorities Bourne Recreation Authority Webster Lake Commission Drinking water protection districts Dukes County Land Bank Economic development and industrial corporations—1972 Joint City-Town general law; also special acts Bayside Resource Recovery Council Groton Country Club Authority Planning districts Historic districts Public beach districts Incinerator authorities Regional health districts Industrial development financing authorities Southeastern Regional Planning and Economic Develop- Industrial sewer districts ment District Housing Assistance Board Inc. Veterans’ service districts Land bank funds () Westover Metropolitan Development Corporation Nantucket Islands Land Bank Weymouth-Braintree Regional Recreation and Conservation Parking commissions and authorities District Provincetown Pier Corporation Public beach districts Massachusetts laws also provide for various types of local Regional health districts areas for election purposes, administration of justice, and Regional industrial commissions air pollution control.

Governments—State Descriptions Massachusetts 7

U.S. Census Bureau