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2. Boston's Organizational Structure

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2. Boston’s Organizational Structure Research Bureau, A City in Transition: Government Structure 86 Boston’s Organizational Structure The City of Boston is a municipal corporation. over the affairs of the city. In 1854, the Like all corporations, an efficient Charter was amended to give the Mayor organizational structure is essential to the limited appointment and veto powers. As the City’s ability to provide quality services at a low city continued to grow, efficient governance cost. Over the nearly 200 year history of the necessitated a more centralized governing City of Boston, the organizational structure has power. As a result, the Charter was amended, constantly evolved to address changes in the once in 1885, allocating essentially all city and its service needs. Thus, the City executive powers to the Mayor, and again in government looks, today, very different from 1909, abolishing the Board of Alderman and the government described in the Charter and the Common Council. In 1948, Boston the Municipal Code. residents were given the opportunity to vote on which form of government would run the City. This section provides a historical and present The voters chose a “Plan A”, or “strong day perspective on the structure of Boston’s Mayor”, form of government, which was government and how the administrative and implemented in the 1951 and 1953 Charter legal structures function together. This section amendments and remains to modern times. was previously released to Mayor Walsh’s transition team as a comprehensive look at the As the role of the Mayor strengthened over cabinet structure. Most of the cabinet time, new layers of state supervision were structure remains the same as of the printing added as a check on the Mayor’s power. In of this report. 1909, a Finance Commission was established to “investigate any and all matters relating to The City Charter The Boston City Charter is appropriations, loans, expenditures, accounts not contained within a single document. and methods of administration affecting the Rather, the Charter comprises a series of state city”. Also in 1909, the state Civil Service laws enacted over the past century. The Commission was given the power to approve Charter has also been modified by mayoral appointees. Other state limitations on Massachusetts general laws affecting all Boston’s autonomy from this period include municipalities, local options as enacted by the statutory limitations on the City’s power to tax, State Legislature and Governor and accepted spend, borrow, or increase assessments without by the City, and home rule legislation or state authority. petitions passed by the Mayor, the City Council, the state Legislature and the Home Rule in Massachusetts In 1966, the Governor. The History of the Boston City Massachusetts Legislature adopted Charter shows a trend of revisions and Amendment Article 89, commonly known as reenactments that strengthen the executive the Home Rule Amendment and M.G.L. power of the Mayor. Chapter 43B, commonly known as the Home Rule Procedures Act. The amendment and The Massachusetts Legislature enacted special statute grant Boston the right of self- legislation creating the first Boston City governance in local matters. The power Charter in 1822. The original governmental granted can be classified in three ways: (1) the structure called for a Mayor, a Board of power to create a Charter, (2) general Home Aldermen and a Common Council. Under Rule authority , and (3) Home Rule petition this scheme, the Mayor had very little power authority. Despite these three grants of power, Research Bureau, A City in Transition: Government Structure 87 Boston remains largely dependent on the state What is Civil Service? Legislature in exercising its legal power. Civil Service is a merit system under which Home Rule gives Boston the power to establish State and municipal employees may be a Charter for itself. Boston has yet to exercise hired and promoted. Qualifying state and this power and continues to operate under the municipal employees are hired, promoted Charter established in 1951. Boston’s and terminated subject to procedures set reluctance to apply the charter-creating power is forth in M.G.L. c. 31 and the Personnel because of the uncertainty involved in the Administration Rules (PAR's). These process. Under the Home Rule Amendment standards ensure that all employment and Home Rule Procedures Act, Boston can decisions are based on the relative ability, replace its Charter only by placing the whole of knowledge and skills of the public employee, its governmental structure in the hands of a and that all individuals receive fair and separately elected Charter commission. This impartial treatment. commission may pursue any reform it deems beneficial, before submitting its proposal to the residents for a vote. Historically, Boston and provide for the punishment of a felony or officials have been wary of putting the entire to impose imprisonment. For these six areas, governmental structure of the City up for Boston may only act if it has been specifically reform in this manner. authorized to do so by a state statute. As an alternative to establishing a new Charter, For situations where Boston’s general Home the Home Rule Petition grants Boston the Rule power has been limited, Section 8 of the ability to make “minor amendments” to its Home Rule Amendment authorizes the City to Charter. The City Council, with a two-thirds use a "home rule petition" to achieve changes in vote, may propose a change that voters can structure. Under Section 8, the Mayor and approve by referendum. However, this City Council can petition the state Legislature procedure is only permitted for minor changes to enact a special law affecting only Boston. to the Charter. The legislature may deny, enact, or enact subject to a referendum vote of the residents of In addition to the charter and establishment Boston. Any law enacted pursuant to Home power, Section 6 of the Home Rule Rule Petition can be modified only by further Amendment vests general Home Rule Power in action by the state Legislature. the City. Section 6 authorizes Boston to exercise “any power or function which the Mayoral Powers Boston operates under a general court has the power to confer” subject “strong mayor” form of government. Nearly to a number of limitations. This authority is every action taken by the City Council must be generally limited by Section 6, which prevents approved by the Mayor. The Mayor may any exercise of Home Rule Power that would require the City Council to meet whenever he conflict with or be preempted by State law. It is or she deems it necessary. The City Council, also specifically limited by Section 7. Pursuant with the approval of the Mayor, may create new to Section 7, Home Rule cannot be used to (1) departments or agencies; eliminate or regulate elections; (2) levy, assess and collect reorganize all or part of any department or taxes; (3) borrow money or pledge the credit of agency; increase any department or agency’s the City; (4) dispose of park land; (5) enact laws duties or powers; move duties, powers and governing civil relationships except as incident funds within a department or agency or to an exercise of municipal power; or (6) define between departments or agencies; and change, Research Bureau, A City in Transition: Government Structure 88 create or eliminate the salary of any but before a new mayor takes office, the department or agency head. Additionally, the appointment automatically terminates of Mayor may create divisions, boards or January 31st of the new municipal year. commissions within the Mayor’s Office Cabinet without authorization from City City Council Powers The legislative body of Council. the City is the thirteen-member City Council. The City Council comprises four at-large In addition to the Mayor and the City members who are elected by, and represent, Council, the Charter provides authority for a the entire city, and nine district councilors City Clerk, Finance Commission, Election who are elected by, and represent, specific Commission, City Auditor, Audit Committee, districts of the city. The City Council enacts Public Facilities Commission, School ordinances, adopts orders, adopts home rule Committee and Superintendent of Schools. petitions, conducts hearings, oversees the All positions, departments, offices, boards and operations of city departments, approves of the commissions not enumerated in the City annual budget and approves of other City Charter have been created by special law, business subject to state law. The Council may ordinance, executive order or administrative sit as a Committee of the Whole, or may divide act. into committees. The Mayor has broad powers of appointment. Legislative Process The city council enacts All department heads are appointed by and ordinances subject to the Mayor’s approval. serve at the pleasure of the Mayor. Most serve Proposed legislation is first assigned to the coterminous to the Mayor, meaning their various committees for review. When the terms end on the first Monday of a municipal committee chair elects to hold a hearing on a year in which a new Mayor is elected. Within particular docket, a written invitation with at departments, all managerial positions are least forty-eight hours notice is sent to all appointed by the department head, usually Councilors, the press, and interested parties with approval of the Mayor. For a list of all providing the date, time and place of hearing. appointed positions, see Appendix D. A hearing held by a committee of the Council must always be open to the public. After those Unless otherwise specified in the enabling most interested or affected by the subject legislation or Charter all non-ex officio members matter, either pro or con, have testified anyone of boards and commissions in City Hall are present may give their testimony either orally appointed by the Mayor to specific length or in writing to the committee assembled.
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