Idea #216 – Appoint All Positions (except Select Board/Moderator)

Report Status: Fully Reviewed

Researched by: Anne Helgen

Original Idea as Submitted

Make all elected offices (with exception of BOS and Moderator) appointed instead.

Other ideas included in this report

  • None

Idea intent

Increase efficiencies and reduce costs by having central appointing authority for town positions.

Weighted Final Score: 57 (Financial Impact: 2, Operational Impact: 9, Time Scale: 2, Ease of Implementation: 2)

Background Information

Massachusetts General Laws (MGL) Chapter 41, Section 1, sets forth required elected positions and tenures. Section 1B states that any elected office or board under the provisions of Section 1, except the Select Board and School Committee, may become an appointed position or board by a majority town wide election and a majority vote of the annual or special town meeting, subject to certain provisions. The Town can also seek special legislation or a home rule charter to amend its charter governance.

Belmont has an elected Treasurer/Collector and an elected Town Clerk in addition to the Select Board and School Committee. In addition, the Town elects the Board of Assessors, Board of Health, Board of Cemetery and Board of Trustees of the Public Library, and Housing Authority. With the exception of the Housing Authority, each of these boards retains oversight and appointment authority for town employee(s) related to their charge. (Exhibit I shows the elected and appointed positions in Belmont.)

In 2011, the Department of Revenue (DOR), in a Town of Belmont Financial Management Review, recommended that the Town consolidate appointing authority under the Town Administrator in order to strengthen the leadership, create clear lines of authority and accountability standards, and create a more responsive, effective government.1 The complexity of municipal government has changed over the years and processes such as budgeting, capital planning, debt management and other day-to-day processes benefit from clearly defined roles and reporting, as well as cooperation and communication, as well as a unified purpose. Absent centralized appointing authority, “a combination of elected and appointed positions creates an overall town organization structure that is hindered by divided reporting responsibilities and employees who may not be accountable to the same reporting structure and may have differing goals, objectives, and directives.”2 A decentralized organizational structure is inefficient, time consuming and impedes decision making.

Interestingly, both the Arlington and Lexington Town Managers, in SCIG zoom meetings last fall, independently and unprompted raised the challenges Belmont faces operating with appointees in key positions. After pointing out budget and demographic similarities between Arlington and Belmont, Arlington’s Town Manager stated that one big difference in getting things accomplished was that he only has one employee that he has not hired or appointed. In his opinion, having employees appointed by elected boards make it difficult to accomplish Town objectives and goals, slows down processes and results in less efficiency.3 As the Lexington’s Town Manger pointed out—having worked previously in a municipality with independent board-appointed employees–this is especially true when budgets are squeezed, and difficult decisions need to be made.4

With respect to financial management, the 2011 DOR review recommended that the Town convert the Treasurer/Collector position from elected to appointed, and current DOR recommendations include the assessing position as a key role that should be appointed by the Town Administrator.5 The functions of these positions require specific skill sets and are not political in nature, but heavily driven by statutory responsibilities. The Treasurer/Collector performs a critical role in managing the cash flow, investments, borrowing and custody of funds, within statutory and professional guidelines. This position requires strong credentials and relevant professional experience that should be properly evaluated and vetted. In an elected system, the choice is limited to the names appearing on the ballot and the qualifications of the candidate are not always examined in depth--if at all-- particularly if there is only one candidate on the ballot. In an appointed system, the town can choose from a broader pool of qualified applicants and conduct in depth assessments of the candidates for this critical position of the 351 cities and towns in Massachusetts, 79% of all Treasurers are appointed.6

Belmont is lucky to currently have a Treasurer/Collector of Taxes who was voted into the position with relevant capabilities and experience, and who has guided the town through economic downturns, financial crises, and numerous debt issuances, including the largest in the Town’s history. However, should the current Treasurer decide to resign or choose not to run for reelection, there is no assurance that a person with the necessary experience or expertise commensurate with the importance of this position will seek and win the election. This would put the Town at significant financial risk.

Consolidating the assessing position under a town central appointing authority recognizes the fact that it is the assessor who performs the technical assessment functions while Board gives policy direction, ratifies assessments done by the Assessor, sets the tax rate, and approves abatements.

The Edward J. Collins, Jr. Center for Municipal Management has developed a framework for determining when municipal officials should be appointed vs. elected. This framework is included in Exhibit II.

The 2011 DOR report recommended that the Town pursue a new charter to strengthen the organizational foundation of the Town. Its review concluded that incremental changes to bylaws is insufficient and that “Belmont would benefit from a single, comprehensive look at municipal government with an eye towards strengthening its management capabilities. The exercise of working through a charter process would provide that opportunity”.7 A charter serves as the basic framework for government structure and includes the foundation for accountability, and relationships among officials, boards and commissions. The charter is a companion document to a town’s bylaws: the charter outlines the broad principles, and the details are imbedded in the bylaws.

Communities seeking to make comprehensive change to governance or to make incremental changes, such as change selected boards, commissions and officials to appointed status can elect to do so via home rule charter under MGL 43B, by special legislative action, or by “permissive legislation”.

For a home rule charter, the town, upon petition of fifteen percent of the registered voters, elects a nine-member charter commission to prepare a new charter The commission considers the options for changing local government structure and seeks participation from residents, publishes a preliminary report, and issues a final report. The final charter proposal must be adopted by a majority of voters at a municipal election. A home rule charter change is a major undertaking, and the time to petition, elect its members adds to the 18-month timeline the commission has to issue its report.

Changes in local government structure may also be made through a “home rule petition” or a “special act charter”, so named because they are submitted to the legislature as “special acts”. The home rule petition must be approved by a majority vote of at town meeting and often requires a town-wide vote to ratify the special act. The petition is then forwarded to the state legislature for approval by the House and Senate. The home rule petition cannot be acted on until it is signed by the Governor. Communities can also use the special act route to make more discrete changes (e.g., changing an elected board or commission to an appointed one, creating a consolidated department, etc.).

Towns may also accomplish some structural, administrative, and organizational changes through adoption of existing state legislation (MGL Ch 41, Ch 40 and Ch 43C) which enables such changes (“permissive legislation”) or bylaws. Permissive legislation requires a vote of town meeting followed by a town-wide ballot vote to change certain elected positions to appointments (including clerk, treasurer, tax collector, assessors, boards of health). Elected officials in office at the time of such vote would complete their terms before the appointment provisions took effect.

The DOR recommended in 2011 that the Town utilize the Special Acts to establish the new government structure. To do so the Select Board would create a government study committee through a Town Meeting warrant article and appoint the committee to draft the charter. This is considered the preferred route relative to home rule charter due to the faster timeline as well as the ability to bring broader representation with the most relevant expertise to the task. Peer communities of like size and profile that have reorganized under the Special Acts include Arlington, Concord, Hingham, Lexington, Needham, Wellesley, Westwood, and Winchester.

It takes strong leadership, clear accountability standards, and an overarching sense of purpose to manage successfully at the municipal level. This is true of meeting regulatory compliance standards and mandates, service delivery, or marshalling limited financial resources and leading staff. Success must be clearly defined and measurable – otherwise it cannot be defined as success. This process begins with the establishment of unified appointment authority that utilizes best practices in recruitment and selection, clearly articulated reporting responsibilities, and a well-defined relationship with other departments and managers—Collins Center.

Recommendations

Belmont’s current organizational structure is highly decentralized, with key positions elected or appointed by independently elected boards. This includes the Treasurer and Clerk, who are elected and the appointees of the Board of Assessors, the Board of Health, and the Board of Trustees of the Public Library. Other Town employees are also appointed by committees or commissions, such as the Youth Coordinator appointed by the Youth Commission. The lack of centralized appointment authority hampers the ability of the Town to make progress on issues large and small and weakens the decision-making process.8 Moreover, electing the Treasurer /Collector limits the Town’s access to a broader pool of qualified applicants and places the Town at financial risk should voters elect a candidate without the necessary experience and skill set for the position.

The SCIG believes that changing Belmont’s current government organization is critical to addressing the town’s structural deficit and bring stability and accountability to governance. To date, changes have been incremental and piecemealed which, as stated in the 2011 DOR review “is an inadequate approach for establishing centralized management in a meaningful way.”9

In concurrence with the 2011 DOR review, the SCIG recommends that the Select Board initiate the process for a changing the current governance through Special Acts legislation. This review should be comprehensive in nature, with the objective of strengthening leadership, consolidating appointment authority, and establishing clear reporting lines and accountability for key positions. The process should be completely transparent and seek resident input throughout to ensure the charter reflects community principles and needs. We note that these are organizational changes that exist in many communities of similar size and financial complexity.

Because of the nature of the position, the SCIG believes it is most critical to address conversion of the Treasurer/Collector position from elected to appointed. This should be done in coordination with any plans that the current Treasurer has to retire or otherwise leave the position, as the process can take more than a year. The goal is to have the position convert in time for succession if the current Treasurer decides to leave; due to the requirements for converting this position from elected to appointed, this change may have to precede the completion of the Special Acts charter.

Next Steps

  • Select Board to initiate the process of reorganizing governance through a Special Acts charter review within three months:
 Timing
Appoint a charter committee to comprehensively review Belmont’s municipal structure and draft a charter based on recommendations. Within three months
Set a timetable that includes the warrant article, appointment of committee and expected draft of the new charter, and target date for Annual Town Meeting and town-wide vote Within six months
  • Select Board and Charter Committee to engage community at every step of the process:

  • Hold a public forum as soon as practical to outline the reasons for pursuing a new charter and outline the process for doing so within six months

 Within three months

  • Additional opportunities for public input

 Ongoing
  • The Select Board should consult with the current Treasurer on timing for succession and act to minimize financial risk to the Town:
Discuss succession of position with current Treasurer Within three months

Further Reading

EXHIBIT I

Summary of Belmont Elected and Appointed Positions Required by Massachusetts Law

All other boards and commissions are appointed
Mass. General Law (MGL)/ Total
Mass General Law/ Belmont By-law Required Positions in Belmont Belmont General Bylaw (BGB) Status Ballot Cycle Election Cycle Annual Compensation
Elected Per Mass. General Laws (MGL)
Select Board MGL VII, Ch 41, Sec. 1 Elected Annually 1 per year 3 Chair: $5000, Members: $4500
Town Clerk MGL VII, Ch 41, Sec 1; MGL Ch 114, 22; BGB Ch. 20 Elected Every Three Years N/A 1 Salary benchmarked to Grade 18
Treasurer/Collector MGL VII, Ch 41, Sec. 1; BGB Ch 20 Elected Every Three Years N/A 1 Salary benchmarked to Grade 18
Collector of Taxes MGL VII, Ch 41, Sec. 1 N/A Treas. authorized as Collector N/A N/A Consolidated with Treasurer
Board of Assessors MGL VII, Ch 41, Sec. 1 Elected Annually 1 per year 3 Chair: $3030, Members $2200
School Committee MGL VII, Ch 41, Sec. 1 Elected Annually 2 per year 6 None
Board of Health MGL VII, Ch 41, Sec. 1; MGL Ch. 111 Elected Annually 1 per year 3 None
Housing Authority MGL Title XVII, Ch. 121b Elected Annually 2 per year 5* Paid through Commonwealth
Elected Per Belmont Representative Town Meeting Act and MGL
Moderator

Belmont Representative

Town Meeting Act;

MGL VII, Ch 39, Sec 14

 Elected Annually 1 1 $450, voted at Town Meeting
MGL VII, Ch 41 Positions changed from Elected to Appointed per MGL VII, Ch. 41, Sec 1B and Town Vote and Town Meeting
Assistant Assessing MGL VII, Ch 41, Sec. 1 Appointed Appointed by Board of Assessors N/A N/A Salaried position
Town Auditor MGL VII, Ch 41, Sec. 1; BGB 202-10 Ch 41-55 N/A Town Acct authorized as Auditor N/A 1 Town Acct salaried position
Highway Surveyor(s) or Road Commissioner(s) MGL VII, Ch 41, Sec. 1; MGL VII, Ch 41, Sec 69D Eliminated Public Works Consolidation, 2003 N/A N/A None
Water Advisory Board MGL VII, Ch 41; BGB, Sec 40-330 Appointed Public Works Consolidation, 2003 N/A N/A None
Sewer Commissioners MGL VII, Ch 41, Sec. 1 Eliminated Public Works Consolidation, 2003 N/A N/A None
Tree Warden MGL VII, Ch 41, Sec. 1; BGB 202-10 Ch 41-106 Appointed N/A N/A 1 DPW Dept head; Small stipend
Constables MGL VII, Ch 41, Sec. 1 Appointed N/A N/A 5 None
Elected Per Town By-laws
Board of Cemetery MGL Ch. 114, 22-26; BGB 40-215 Elected Annually 1 per year 3 None
Board of Trustees of the Public Library BGB 40-225 Elected Annually 2 per year 6 None
Select Board Designated as Board of these Entities Per Town By-laws
Belmont Municipal Light Board BGB 40-200 Select Board N/A N/A 3 None
Parks Commissioners BGB 40-200 Select Board N/A N/A 3 None
Board of Survey BGB 40-200 Select Board N/A N/A 3 None
Independent Boards
Retirement Board** MGL IV, Ch 32, Sec 20 Independent ** 5
Note: The Select Board and the School Committee are the only boards that are required by Massachusetts law to be elected by Town wide vote.
All other positions may be appointed by provision of laws or charter approved by town vote.
By law, the Select Board is authorized to act as Sewer Commissioners and the Board of Health if other provisions are not made.
Town vote is required to combine the Treasurer and Collector positions, to authorize the Town Accountant to act as Auditor
((and abolish the auditor position), to have the road commissioners act as sewer commissioners, to establish assistant assessors,
and to appoint the tree warden and constables.
All other town officers shall be appointed by the selectmen unless other provision is made by law or by vote of the town.
* The Belmont Housing Authority has four elected members, plus one member appointed by the State.
**The Belmont Retirement Board consists of five members: two members elected by active and retired members of the system, one appointed by the Select Board,

the Town Accountant, and one elected by the four other members.

Sources: Massachusetts General Laws, Town of Belmont By-laws, Town Clerk, Town website
August 2021

EXHIBIT II

Criteria supporting a position or board being ***ELECTED*** Criteria supporting a position or board being ***APPOINTED***
1. It has minimal policy‐making responsibility. 2. It has significant policy‐making responsibility
2. It has few ministerial responsibilities and tasks whose performance is guided almost entirely by statute. 2. It has many ministerial responsibilities and tasks whose performance is guided almost entirely by statute.
3. Someone with little training or expertise in its area of work could quickly and easily become effective in the work. 3. Someone with little training or expertise in its area of work would have significant difficulty in performing the work effectively, potentially creating significant risks for the community.
4. Its role and tasks are easily and widely understood by the public 4. Its role and tasks are complicated and NOT easily and widely understood by the public.
5. The nature of the position or board’s role makes it relatively simple for the public to evaluate the performance of its non‐policy‐ making duties (for example, efficient use of resources, etc.). 5. The nature of the position or board’s role makes it relatively difficult for the public to evaluate the performance of its non‐policy‐ making duties (for example, efficient use of resources, etc.).
6. The position or board is helpful as a check or balance against another center of power in the community. 6. The position or board is not needed as a check or balance against another center of power in the community.
7. It is not critical to the effective and efficient functioning of the government for this position or board to cooperate regularly with other officials. 7. It is critical to the effective and efficient functioning of the government for this position or board to cooperate regularly with other officials.
8. In the particular community in question, election for the position historically produces a very competitive race between highly‐ qualified candidates. 8. In the particular community in question, election for the position historically produces little or no competition and few or no highly‐ qualified candidates.

Source: The Edward J. Collins, Jr. Center for Public Management

  1. https://www.mass.gov/doc/belmont-financial-management-review-august-2011/download ↩

  2. Collins Center Financial Structure (Budget review): https://www.mass.gov/doc/kingston-financial-management-structure/download ↩

  3. Zoom meeting with Adam Chapdelaine, Arlington Town Manager, November 3, 2021 ↩

  4. Zoom meeting with James Malloy, Lexington Town Manager, January 12, 2022 ↩

  5. https://www.mass.gov/doc/belmont-financial-management-review-august-2011/download; , “Transitioning Elected to Appointed” video: https://www.youtube.com/watch?v=UMpSh0SOthA ↩

  6. Collins Center Financial Structure (Budget review): https://www.mass.gov/doc/kingston-financial-management-structure/download ↩

  7. https://www.mass.gov/doc/belmont-financial-management-review-august-2011/download ↩

  8. https://www.mass.gov/doc/belmont-financial-management-review-august-2011/download ↩

  9. https://www.mass.gov/doc/belmont-financial-management-review-august-2011/download ↩