Administrative divisions of Massachusetts
In contrast, with the possible exception of the Graves Light,[1] 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.
Some local water districts have been consolidated across municipal boundaries[5] and some operate at the sub-municipal (village) level.
State laws delegate limited control over building, alcohol, marijuana, gambling, and taxi licenses to municipal governments.
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.
Many Massachusetts towns were established during the British colonial period, long before the existence of an independent United States.
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.
However, the laws regulating their authority have historically been very broadly construed, and there is a long-standing tradition of local autonomy.
[7][8][9] According to the Amendment: The legislature is prohibited from passing any special laws that affect fewer than two municipalities, except in any of the following circumstances:[10] 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.
[9] Even before the 1966 amendment, the laws regulating municipal powers had been very broadly construed, and there is a long-standing tradition of local autonomy.
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.
On April 9, 1821, an amendment to the state constitution was approved that permitted municipalities to choose other forms of government.
The new charter for "the City of Boston" was drafted by Lemuel Shaw, later Justice of the Massachusetts Supreme Judicial Court.
[9] 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.
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-call 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.
This distinction derives from provisions of state law that reference the town meeting form of government and that provide for greater self-governance authority for the class of communities governed by a form of chief executive and council which are referred to as cities in state law.
Communities adopting a city form while retaining "Town of" as their name are:[18] Agawam, Amesbury, Barnstable, Braintree, Franklin, Palmer, Southbridge, Watertown, West Springfield, Weymouth, and Winthrop.
Legal opinions provided to charter commissions in some of first of the 11 communities adopting a style of government that the General Laws referred to as a city form suggested that for clarity the community be referenced as "the City Known as the Town of X" as its legal name.
The Massachusetts Supreme Judicial Court has ruled that what a municipality calls itself doesn't matter: "It is the substance of the thing done, and not the name given to it, which controls".
The capital city of Boston is subject to a special state law which allows the mayor to appoint a school committee of seven.
Participating mayors and Town Meetings still vote on the bottom line of their share of the regional budget.
State law is developed into regulations by the Massachusetts Board of Education to govern local, regional, vocational, and charter schools.
This required amount is referred to as "Net School Spending" and is calculated as part of the Chapter 70 funding formula.
[30] District attorneys and sheriffs are elected by constituencies that mostly, but not entirely, follow county boundaries; they are funded by the state budget.
They are created to provide a measure of flexibility for administration, avoiding many of the regulations that other public agencies are subject to.
[4][5][6] Independent organizations such as the Pioneer Institute[7] and private media entities[8][9] have sought to report or research these agencies in the interest of the taxpaying public.
