Sunday, February 16, 2020

The Medford City Charter - Let's Learn About it Together ...I'm Hardly an Expert on this...

1,542,498 @ 1:43 am 2-17-2020
1,542,479 all-time visits @ 11:01 pm 

What is a city charter?

According to Wikipedia: In the United States, a charter city is a city in which the governing system is defined by the city's own charter document rather than by general law. In states where city charters are allowed by law, a city can adopt or modify its organizing charter by decision of its administration by the way established in the charter. These cities may be administered predominantly by residents or through a third-party management structure, because a charter gives a city the flexibility to choose novel types of government structure.
Charter city - Wikipedia  https://en.wikipedia.org/wiki/Charter_city

To this writer's understanding the Charter is the Constitution of a city, much like the Commonwealth of Massachusetts has a Constitution as does the United States of America, along with a Bill of Rights  https://billofrightsinstitute.org/wp-content/uploads/2019/07/Branded-Bill-Of-Rights.pdf - starting with the all-important First Amendment to that U.S. Constitution.

Here is Medford's charter on  Municode.com

SUPPLEMENT HISTORY TABLE Chapter 1 - GENERAL PROVISIONS
PART I - CHARTER[1]

Footnotes:
--- (1) ---

Editor's note— Printed herein is Charter of the City of Medford which is Plan A, M.G.L.A. ch. 43, §§ 46—55, as adopted and amended by Acts of 1986, ch. 605 as provided in this Part I, as adopted by referendum on 11-4-86. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.

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Think about it, the Charter of Medford has not been changed since 1986, 34 years ago. So some Medford residents under the age of 34 only know this form of government, Plan A.

What is Plan A government?  Go to MGL (Mass General Laws) Chapter 43 Sec. 9
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter43/Section9

Section 9. In the case of a petition for the adoption of Plan A, B, C, D or E, within seventy days after the petition has been filed with him by the petitioners the city clerk shall, except as provided in section ten, transmit a certified copy thereof to the city council, except that the signatures upon the petition need not be copied but in place thereof the city clerk shall state the number of signatures of registered voters thereon, certified as such by the registrars of voters. If any question arises as to the validity or sufficiency of the petition or of the signatures thereon, any registered voter of the city may appeal for a determination of said question to the applicable board referred to in section twelve of chapter fifty-three, by filing a notice of such appeal with the city council and with the clerk of the board of registrars of voters within eighty days after the date the petition was filed with the city clerk by the petitioners, and the board so appealed to shall within thirty days render a decision thereon. The board shall submit notice of its decision forthwith to the city council.
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OK - that doesn't really describe what Plan E, D, C, B or A government is, and they are placed backwards intentionally for you to think about it, that there are separate plans that the majority of citizens are probably unaware of.  You can find each plan on that page, Chap 43, Sec 9 and I urge you to do so.

Here's a snapshot to give you the first step from the General Laws:


Plan A
Section 48. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday of January following his election, and until his successor is qualified.

Plan B
Section 58. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday in January following his election and until his successor is qualified.

Obviously Plan A and B need to be scrutinized as the snapshot is exact.

Plan C focuses on the city council
Section 66: City council; powers and duties
Section 66. The government of the city and the general management and control of all of its affairs shall be vested in a city council, which shall be elected and shall exercise its powers in the manner hereinafter set forth; except that the general management and control of the public schools of the city and of the property pertaining thereto shall be vested in the school committee.

Plan D
Section 81: Management and control of city government by mayor and council

Section 81. The government of the city and the general management and control of all its affairs shall, except as otherwise provided in this chapter, be vested in a city council, which shall exercise its powers in the manner hereinafter set forth, but subject to sections one to forty-five, inclusive, in so far as not inconsistent; except that the city manager shall have the authority hereinafter specified, and that the general management and conduct of the public schools of the city and of the property pertaining thereto shall be vested in the school committee, and that the city clerk, the city auditor, any official of the city appointed by the governor and any trustees or other officers whose election by the voters of the city is required by the reason of the fact that the city has accepted any gift, devise or bequest shall have the powers and duties which may be conferred and imposed upon them by law.

Plan E
Section 95: Governing power of city council, etc.

Section 95. The government of the city and the general management and control of all its affairs shall, except as otherwise provided in this chapter, be vested in a city council, which shall exercise its powers in the manner hereinafter set forth, but subject to sections one to forty-five, inclusive, insofar as not inconsistent; except that the city manager shall have the authority hereinafter specified, that the general management and conduct of the public schools of the city and of the property pertaining thereto shall be vested in the school committee, and that the city clerk, the city auditor, any official of the city appointed by the governor and any trustees or other officers whose election by the voters of the city is required by reason of the fact that the city has accepted any gift, devise or bequest shall have the powers and duties which may be conferred and imposed upon them by law.

Plan F
Section 119: Mayor; election; term
Section 119. There shall be a mayor, elected by and from the qualified voters of the city, who shall be the chief executive officer of the city. He shall hold office for the term of two years from the first Monday in January following his election and until his successor is qualified.

Plan F seems similar to A and B, but again, the nuances are in the details thus some studying of the page on the laws is required.

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Let's digress to see a different Plan of government, Baton Rouge, Parish of East Baton Rouge
Plan of government
The Plan of Government Plan of Government laid out the organization of the new combined governing body; it defines zoning, division of responsibilities, and jurisdictions. The Plan of Government has been amended at least 17 times since it went into effect in 1949.
Reference: www.brla.gov/1257/Plan-of-Government
 
I always ask readers to randomly check out other cities, towns, states when it comes to public access TV, police departments, hospitals, schools, "to see how the other half lives" (Beatles, "Glass Onion".)  Why reinvent the wheel.  What is obvious is that each state has its own rules and plans of government.
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It isn't easy - but it is necessary to understand how our government functions and what our rights are

The challenge is to plow through stuff like "State Law reference— Plan A, Charter, M.G.L.A. c. 43, §§ 46—55."

Hopefully this first look into it  starts the conversation.   

If I recall the inauguration speech and news articles correctly, the new mayor in Medford has promised to look at the charter.  Hopefully, citizens will get educated on it through the process, or educate themselves.



To be continued