OPTIONAL FORMS OF MUNICIPAL ADMINISTRATION ACT

M.G.L. pt. Part I, tit. Title VII, ch. c. 43C

in effect

M.G.L. c. 43C, § 1 Short title

c. 43C, § 1. Short title Section 1. This act shall be known and may be cited as the Optional Forms of Municipal Administration Act.

M.G.L. c. 43C, § 2 Definitions

c. 43C, § 2. Definitions Section 2. As used in this chapter, the words ''board of registrars of voters'', ''city council'' and ''board of selectmen'' shall include any local authority of different designation performing like duties. The word ''agency'' shall include any multiple member body, department, division or office of a city or town.

M.G.L. c. 43C, § 3 Adoption authorized; conditions; revocation or rescission

c. 43C, § 3. Adoption authorized; conditions; revocation or rescission Section 3. Every city having a population of less than one hundred and fifty thousand and every town may, in the manner provided in this chapter, adopt any of the optional forms of municipal administration which are provided in this chapter and may, in the manner provided in section nine provide for the revocation or rescission of any such acceptance. The adoption of any plan under the provisions of this chapter shall be deemed to be an amendment to any contrary provisions of a local charter or laws having the force of a charter.

M.G.L. c. 43C, § 4 Adoption; initiation by petition

c. 43C, § 4. Adoption; initiation by petition Section 4. The adoption of an optional plan of municipal administration under this chapter shall be initiated by filing with the board of registrars of voters of the city or town, a petition signed by at least ten per cent of the number of registered voters residing in such city or town at the preceding state election. Such petition may consist of a number of separate sheets, but each sheet shall be in substantially the form prescribed therefor in section five and shall be signed and completed in accordance with the instructions contained therein. The city or town clerk shall furnish forms for such petition to any registered voter of the city or town requesting the same. Within thirty days from such filing, the board shall check each name to be certified by it on the petition, shall certify thereon the number of signatures so checked which are names of registered voters in the city or town, and shall report the results to the city council in the city or town, or board of selectmen, as the case may be, by filing its report with the city or town clerk. Only names so checked shall be deemed to be the names of registered voters for purposes of such petition. The board need not certify more than one hundred and forty per cent of the number of names required to file a petition, and names not certified in the first instance shall not thereafter be certified on the same petition. Objections to the sufficiency and validity of the signatures on any such petition as certified by the board of registrars of voters shall be made in the same manner as provided by law for objections to nominations for city or town offices, as the case may be.

M.G.L. c. 43C, § 5 Petition; form

c. 43C, § 5. Petition; form Section 5. The petition shall be in substantially the following form: To the (city council) (board of selectmen) of (name of city/town) We the undersigned, registered voters of the (city/town of ) respectfully petition your honorable body to cause to be submitted to vote of the voters the following question:— ''Shall the (city/town of ) adopt the optional form of municipal administration summarized as follows, according to the provisions of chapter forty-three C of the General Laws providing for optional plans of municipal administration?'' The text of the summary from the applicable section shall follow.

M.G.L. c. 43C, § 6 Petition; submission to voters

c. 43C, § 6. Petition; submission to voters Section 6. Within thirty days of receipt of certification by the board of registrars of voters that a petition contains sufficient valid signatures the city council or board of selectmen shall by order provide for submission of the question as specified in the petition to the voters of the city or town at the first regular city election, or at the first annual or biennial town meeting for the election of town officers, held on or after the sixtieth day following the adoption of the order. Said order shall not require the concurrence of the mayor in a city and shall not be subject to referendum. If an order of the city council or board of selectmen under this section has not been adopted within the thirty days specified above, the question contained in the petition shall be submitted to the voters at the first regular city election, or the first annual or biennial town meeting for the election of town officers, held on or after the ninetieth day after receipt by the city council or board of selectmen of certification provided for in the first sentence of this section.

M.G.L. c. 43C, § 7 Council or board proposal; submission to voters

c. 43C, § 7. Council or board proposal; submission to voters Section 7. The city council or board of selectmen may submit to the voters of the city or town a proposal for the acceptance of any of the optional plans of municipal administration which are provided in this chapter in the same manner and with the same force and effect as is hereby provided for submission by petition.

M.G.L. c. 43C, § 8 Vote on two or more plans

c. 43C, § 8. Vote on two or more plans Section 8. If two or more optional plans of municipal administration are passed at the same election containing conflicting provisions the one receiving the greatest number of votes shall take effect.

M.G.L. c. 43C, § 9 Revocation or rescission of plan; home rule alternative

c. 43C, § 9. Revocation or rescission of plan; home rule alternative Section 9. At any time after four years following the date of an election at which any of the plans provided in this chapter has been adopted by the voters, a question to revoke or to rescind such acceptance may be submitted to the voters in the same manner as provided in sections four to seven, inclusive. Such question shall be in the following form: ''Shall the (city/town of ) revoke its adoption of the optional form of municipal administration summarized as follows?'' The text of the summary from the applicable section shall follow. Notwithstanding the provisions of the first paragraph of this section, any city or town which has adopted any of the optional plans of municipal administration which are provided for in this chapter may make some other provision for municipal administration under procedures made available in chapter forty-three B, at any time, and so far as such provisions may be inconsistent with the provisions of any optional plan in this chapter, the provisions of the charter or charter amendment adopted pursuant to the provisions of said chapter forty-three B shall be deemed to prevail and to supercede the provisions of this chapter.

M.G.L. c. 43C, § 10 Effect of adoption; employee transfer; consolidation of agencies

c. 43C, § 10. Effect of adoption; employee transfer; consolidation of agencies Section 10. Any person holding any office or position in the service of a city or town which accepts one of the optional forms of administration provided in this chapter and who is employed in an office or agency which is merged with another or abolished or otherwise constituted shall be transferred to the department or agency thereby created without reduction in compensation, or impairment of any civil service, retirement, pension, seniority, vacation, sick leave or other rights or benefits to which then entitled. Any reduction in force which is to result from the new form of administration shall be accomplished through attrition, or other reassignment and not by dismissal. All books, papers, documents, equipment, building facilities, land and other property, both real and personal, which are in the custody and control of any agency affected by a consolidation under the provisions of this chapter shall forthwith upon the establishment of any new agency be transferred by the former agency to such new agency. All monies which have been appropriated to any department or agency which is included in any consolidation under the provisions of this chapter shall, upon the establishment of the new agency, be credited to the account of such new agency. All contracts in force at the time any new agency is created in which any department or agency whose powers or functions are being assumed by the new agency is a party shall be continued in force by such new agency until they otherwise expire or are cancelled. Any judicial proceeding in which any agency affected by any consolidation under this chapter is a party shall not be affected by the consolidation but any such successor agency shall stand in the place of the former agency.

M.G.L. c. 43C, § 11 Consolidated department of municipal finance; petition summary; ordinance or by-law

c. 43C, § 11. Consolidated department of municipal finance; petition summary; ordinance or by-law Section 11. (a) The following shall be the summary inserted in the petition described in section five: ''Section eleven of chapter forty-three C of the General Laws authorizes the legislative body to provide, by ordinance or by law, for a consolidated department of municipal finance which may include the offices of accountant, auditor or comptroller, treasurer, collector and assessors.'' Notwithstanding any provision of law to the contrary, in any city or town which accepts the provisions of this section by vote of the people, the legislative body, subject to all applicable provisions of the city or town charter, shall have the authority to adopt an ordinance or by-law providing for a consolidated department of municipal finance. Any ordinance or by-law adopted pursuant to the provisions of this section shall provide for (i) a director of municipal finance who shall be appointed by and shall be responsible to the chief executive officer or to the chief administrative officer of the city or town as the ordinance or by-law shall specify, (ii) the director of municipal finance to serve, ex-officio, as the accountant, auditor, comptroller, treasurer, collector or treasurer-collector of the city or town; provided, however, that no director of municipal finance shall serve, ex-officio, as both accountant, auditor or comptroller and treasurer, collector or treasurer-collector and (iii), the term of the office of the director of municipal finance which shall not be less than three nor more than five years, subject to removal as may be otherwise provided in the charter of such city or town. Any ordinance or by-law adopted pursuant to the provisions of this section may include, but need not be limited to, the following: (i) coordination of all financial services and activities, (ii) maintenance of all accounting records and other financial statements, (iii) payment of all obligations, (iv) receipt of all funds due, (v) assistance to all other city or town departments and offices in any matter related to financial affairs, (vi) monitoring of the expenditure of all funds, including periodic reporting to appropriate agencies on the status of accounts, (vii) supervision of all purchases of goods, materials and supplies and maintenance of inventory controls, (viii) supervision of all data processing facilities and, (ix) any other matter relating to municipal finance as may be determined necessary or desirable in such ordinance or by-law. Any ordinance or by-law adopted pursuant to the provisions of this section shall provide for the appointment of all other personnel necessary to staff the department as constituted in the ordinance or by-law. Unless some other provision is made in the city or town charter for the appointment of officers and employees the director of municipal finance shall appoint all personnel under his direction and control subject to the approval of the appointing authority as provided for his office.

M.G.L. c. 43C, § 12 Consolidated department of community development; petition summary; ordinance or by-law

c. 43C, § 12. Consolidated department of community development; petition summary; ordinance or by-law Section 12. (a) The following shall be the summary inserted in the petition described in section five: ''Section twelve of chapter forty-three C of the General Laws authorizes the legislative body to provide, by ordinance or by-law, for a consolidated department of community development which may include the redevelopment authority, the planning board, the industrial development commission, industrial development financing authority or any other municipal office or agency exercising or authorized to exercise any community or economic development activities.'' (b) Notwithstanding any other provision of law to the contrary in any city or town which accepts the provisions of this section, the legislative body, subject to all applicable provisions of the city or town charter, shall have the authority to adopt an ordinance or by-law providing for a consolidated department of community development. (c) Any ordinance or by-law adopted pursuant to this section shall provide for (i) a director of community development who shall be appointed by and shall be responsible to the chief executive or chief administrative officer of the city or town as the ordinance or by-law shall specify, (ii) the term of office of the director of community development which shall not be less than three nor more than five years, subject to removal as may be otherwise provided in the charter of said city or town, (iii) a community development board which shall consist of five members, one of whom shall be appointed by the secretary of housing and livable communities for a term of five years, and four members who shall be appointed by the chief executive or chief administrative officer of the city or town as the ordinance or by-law shall specify, for terms of five years each, all such terms to be so arranged so that only one term expires each year. (d) Any ordinance or by-law adopted pursuant to this section may include, but need not be limited to, providing for the inclusion through the abolishment of any of the agencies hereinafter enumerated, in whole or in part, or by placing any such agency as may be continued under the administrative control of the director of community development. Such agencies may include the redevelopment authority, the industrial development financing authority, the industrial development commission, the planning board and any other local agency which exercises or is authorized to exercise any community or economic development activity, but shall not include the housing authority. Insofar as any power or function which is assigned to the department of community development through the abolishment of any agency under the provisions of chapter forty D, forty-one, forty-one A, one hundred and twenty-one A, one hundred and twenty-one B, or any other law relating to community or economic development, to be exercised specifically or exclusively by a multiple member body, such power or function shall be assigned to the community development board. (e) Any ordinance or by-law adopted pursuant to this section shall provide for the appointment of all other personnel necessary to staff the department as constituted in the ordinance or by-law. Unless some other provision is made in the city or town charter for the appointment of officers and employees, the director of community development shall appoint all personnel under his direction and control subject to the approval of the appointing authority as provided for his office.

M.G.L. c. 43C, § 13 Consolidated department of municipal inspections; petition summary; ordinance or by-law

c. 43C, § 13. Consolidated department of municipal inspections; petition summary; ordinance or by-law Section 13. (a) The following shall be the summary to be inserted in the petition described in section five: ''Section thirteen of chapter forty-three C of the General Laws authorizes the legislative body to provide, by ordinance or by-law, for a consolidated department of municipal inspections which may include the inspections currently being made by the building inspector, wire inspector, plumbing inspector, gas fitting inspector, health agent and others as the ordinance or by-law may specify.'' (b) Notwithstanding any provision of law to the contrary, in any city or town which accepts the provisions of this section by vote of the people, the legislative body, subject to all applicable provisions of the city or town charter, shall have the authority to adopt an ordinance or by-law providing for a consolidated department of municipal inspections. (c) Any ordinance or by-law adopted pursuant to this section shall provide for (i) a director of municipal inspections who shall be appointed by and shall be responsible to the chief executive officer or the chief administrative officer of the city or town as the ordinance or by-law shall specify, (ii) the term of office of the director of municipal inspections which shall be not less than three nor more than five years, subject to removal as may be otherwise provided in the charter of the city or town. (d) Any ordinance or by-law adopted pursuant to this section may include, but need not be limited to, the following: (i) coordination of all inspection functions carried out by any municipal officer or agent, (ii) maintenance of all records relating to inspections in a central place through a common index, (iii) a single application process which would indicate all inspections which might be necessary, including, but need not be limited to, any inspections under the zoning and other local ordinance or by-law, building code, wire code, plumbing and gas code, state sanitary code, board of health rules and regulations, fire code, conservation commission, historic districts commission and any other local inspections as may be otherwise authorized. Any ordinance or by-law adopted pursuant to this section may provide that any agency performing an inspection function shall be continued but that for administrative purposes all personnel performing inspection functions for the existing agency shall, when performing such inspection services, be subject to the administrative control and direction of the director of municipal inspections, but not otherwise. (e) Any ordinance or by-law adopted pursuant to this section shall provide for the appointment of all other personnel necessary to staff the department as constituted in the ordinance or by-law. Unless some other provision is made in the city or town charter for the appointment of officers and employees the director of municipal inspections shall appoint all personnel under his direction and control subject to the approval of the appointing authority as provided for his office.

M.G.L. c. 43C, § 14 Adoption, revocation or rescission of plan; majority vote

c. 43C, § 14. Adoption, revocation or rescission of plan; majority vote Section 14. Notwithstanding any provision of this chapter, any city or town may, by majority vote as defined in section one of chapter forty-four, adopt an optional plan of municipal administration under this chapter or revoke or rescind a plan accepted pursuant to this section; provided, that for a town the majority vote necessary to adopt, revoke, or rescind a plan pursuant to this section shall be at the annual meeting.

M.G.L. c. 43C, § 15 Joint agreements with other governmental units; consolidated department participation

c. 43C, § 15. Joint agreements with other governmental units; consolidated department participation Section 15. Consolidated departments established under authority of this chapter may participate in agreements entered into pursuant to the provisions of section four A of chapter forty for joint performance of services with other governmental units.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter43CFetched: 10/20/2026