The Select Board is considering a comprehensive, first-of-its-kind review of Marblehead’s municipal government that could lead to the town’s first charter, a significant undertaking potentially culminating in a town-wide vote to restructure the local government.
Town Administrator Thatcher Kezer said creating a town charter would clarify who is responsible in municipal government for what.
A town charter acts like a federal or state constitution, only on a local level, setting basic rules for how a town is run. It codifies how elected officials, departments and the public interact and work together.
Since 1649, the Marblehead government has operated under an amalgamation of state laws and local bylaws, with piecemeal revisions and additions added when needed. As such, the town possesses a decentralized government with power distributed across dozens of elected and appointed entities. No single body or official can easily accumulate or exert excessive power.
“We lack a centralized charter document that comprehensively outlines how the town runs,” said Kezer.
In a Dec. 13 meeting, the Select Board directed Kezer to reach out to the University of Massachusetts-Boston’s Collins Center for Public Management, a think tank that specializes in helping cities and towns undertake charter reviews. Kezer plans to set up a public meeting for the Select Board to hear an overview presentation from the charter specialists.
Select Board member Bret Murray noted a charter-review study is a marathon process, not a sprint.
“What I’ve been able to read and understand, this is not … going to happen in six months, eight months, it’s a multi-year process,” said Murray. “Don’t think that you do this in a year.”
Select Board Chair Erin Noonan, in a statement, said creating a town charter is one reason she sought office.
“Our board has been committed to working in conjunction with professional staff to modernize town operations and efficiencies. It makes sense to me that we should explore the idea of a charter,” said Noonan. “It is possible that going through the process could help Marblehead streamline operations and improve service delivery through the type of organizational review that a charter study would undertake.”
Consolidation?
A proposed charter could consider consolidating certain functions under unified management. For example, the public health director — or other department heads — might report to the town administrator while still supporting policies set by the elected board of health policies. Currently, most department heads report only to elected boards.
Select Board member Moses Grader emphasized that any new charter would be crafted deliberately with ample public input to preserve Marblehead’s traditions.
“We will handle the charter as we do with any initiative that needs to be integrated and discussed broadly,” said Grader. “For me, a main driver for this initiative now is the need to become more operationally efficient to keep our taxes low.”
The current form of government does provide a robust number of access points for residents to directly participate in local government, something Grader wants to preserve.
“I am interested in stoutly defending our distributed volunteer board and committee structures so vital to a vibrant participatory town government,” said Grader.
‘So many flavors’
Kezer has previously been involved in charter reforms. He noted rather than a one-size-fits-all approach, a locally drafted charter allows Marblehead to tailor organizational structures and policy frameworks addressing its culture and needs.
“There are so many flavors to how you do a charter,” said Kezer. “You can custom design it to fit your community.”
Select Board member Alexa Singer considers a charter review study as a conduit to openly discuss potential improvements.
“This is a mechanism to have a discussion, and that is what’s important, right?” she said to the Current after the public meeting. “We should always be welcome to have discussions about what are the current opportunities.”
The pathways to adoption
There are three pathways for Marblehead to adopt a municipal charter:
— The first is through a Charter Commission, which would require 15% of registered voters to petition to establish an elected commission to study the issue and draft a proposal before voters make the final decision at the ballot box.
— The second option is through special municipal legislation where the Select Board and Town Meeting approve seeking a special act from the State Legislature and governor to enact a charter. That would require additional approval from local voters.
— The third pathway is through a home rule charter amendment initiated by a two-thirds vote of the Select Board and Town Meeting, holding a public hearing within three months, submitting changes to the state and then adopting amendments through a local referendum.
