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McGlynn / Burke Alleged Home Rule Petition Subterfuge
By Information Central December 09, 2019
Inappropriate Use of Home Rule Petition?
We are filing public records request.
11. The Legal Structure of Home Rule inMassachusetts“Whatever the particular issue is, [the town] has to understand that although there is home rule, [it only exists] withinthis framework. It really isn’t true home rule.”—Town official in Greater Boston
Home rule in Massachusetts is more than a strictly legal concept, but an understanding of it requires some familiarity with certain foun-dational legal provisions. Two provisions in particular are key: Article 89 of the State Constitution—better known as the Home Rule Amendment (see AppendixD for the text of the Home Rule Amendment)1and a state statute known as the Home Rule Procedures Act.2These two provisions were adopted less than forty years ago with the intention of establishing home rule as a legal matter in the state for the first time https://www.mma.org/wp-content/uploads/2018/07/homerule_myth_legalstructure_0.pdf