Category Archives: State

Municipal Modernization Bill status

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Here is an email exchange that gives you the current status of the Municipal Modernization Bill from our State Representatives -interesting that it has been broken into five parts for hearing purposes –


 

Denise and Shawn,

I hope you will support the Municipal Modernization Bill – the Massachusetts Municipal Association was asking us today to contact you about it.  Thanks in advance.

Best, Pete


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Dear Pete,

It has been broken into 5 parts and is being heard in 5 different committees. I believe this is with the intention to expedite  the components.

I will follow the pieces carefully.

Hope all is well with your family and Medfield!

Denise


 

Shawn Dooley

Hey Pete.

Already voted to accept the sections that were sent to Revenue so hopefully the rest of committees will follow as well.

Met with Chairman of ways and means earlier today and asked for the bills to be reconsolidated into one big bill again.  Non committal but expressed that the Lt gov asked for the same thing.

Thanks so much for the note.

Shawn

Shawn Dooley

State Representative, 9th Norfolk

Medfield, Millis, Norfolk, Plainville, Walpole, & Wrentham.




 

 

Municipal Modernization Bill

This today from the MMA on the Municipal Modernization Bill –

 

MMA-2

February 16, 2016

GOV’S MUNICIPAL MODERNIZATION BILL CONTAINS NECESSARY REFORMS AND IMPORTANT UPDATES FOR CITIES AND TOWNS

Please Call Your Legislators Today and Ask Them to Pass the Municipal Modernization Act Now

Legislative hearings have been completed on the sweeping Municipal Modernization Bill that Gov. Baker and Lt. Gov. Polito filed in December. Five different committees heard testimony from scores of local officials and stakeholders during the past five weeks, and the next step will be for the legislation to be reassembled into one strong package for votes in the House and Senate.

Because several of the important reform measures in the Municipal Modernization Act are opposed by special interest groups, your legislators will need to hear from you.

The Governor’s Municipal Modernization Act (H. 3905) features dozens of welcome reforms related to procurement, municipal finance, human resources, economic development and the general administration of local government. The bill was based on a wide range of input from local leaders, and is built around four major actions: 1) updating and repealing obsolete state laws; 2) promoting independence at the local level; 3) streamlining state oversight; and 4) providing municipalities with greater flexibility and day-to-day decision-making powers.

KEY REFORMS IN THE BILL INCLUDE:

  • Giving cities and towns control over the number of liquor licenses that can be issued to restaurants and bars in the community;
    • Enacting unemployment insurance reforms to prevent school crossing guards, school bus drivers, and others from collecting unemployment payments during school vacations;
    • Allowing cities and towns to decide whether to exempt positions from Civil Service;
    Increasing procurement thresholds to eliminate unnecessary red tape and delays for simple purchases;
    Certifying the full and fair value of property values every 5 years, instead of every 3 years;
    • Replacing many of the mandatory paid classified ads for zoning and other notices with electronic posting as used in the Open Meeting Law; and
    • Giving municipalities the ability to levy fines to enforce the requirement that utilities remove double poles within 90 days.

The bill includes over 200 provisions that would update and reform a wide swath of state laws governing everything from basic municipal finance and administration to allowing cities and towns a first option to purchase tax-exempt property, and was written based on suggestions made by local officials on ways to make running local government more efficient and less costly, and to return “home rule” authority to cities and towns where it makes sense. The bill includes a number of proposals from the MMA’s legislative package.

Information about the municipal modernization bill can be found on the MMA website by clicking here.

ASK YOUR LEGISLATORS TO PASS ONE STRONG MUNICIPAL MODERNIZATION BILL:

Earlier this year, legislators divided the Municipal Modernization Act into five smaller bills, and sent them to different committees for public hearings.

With public hearings concluded, it is now time to bring the parts back together into a single consolidated bill and make plans for debate and passage in the House and Senate.

With the end of formal legislative sessions only 5½ months away, there is no time to waste. Please call your legislators today and ask them to reassemble the Municipal Modernization Act into one strong bill, and ask them for a commitment to pass the bill early this spring.

When you speak with your legislators, please ask them to talk to the leaders in their branches (the Speaker of the House, the Senate President and the Chairs of the House and Senate Ways & Means Committee) and seek a commitment to take up and enact a consolidated bill before the session ends.

The Municipal Modernization Act Will Help Every City and Town

Please Ask Your Legislators to Make the Bill a Top Priority this Session

Mike & MMA on Gov’s budget

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First, the Governor is not signing on the the revenue sharing that the MMA has been seeking from the state, where the state commits to sharing its increased revenues with the municipalities.  At the MMA annual meeting just a week ago the Governor touted that he was increasing some component of state aid in accordance with the 4.3% projected state revenue increases, but Mike Sullivan noted that component is only a small part of our state aid, and that the same percentage increase is not applied to the major parts of our state aid, namely Chap. 70 monies for education, which Mike indicated were only going up about 1%.  Therefore,  the result is that the state is continuing to transfer the cost of delivering your local services that you get from Medfield to your property taxes, the town’s main source of revenues.

Second, this is the MMA analysis of Governor Baker’s proposed budget –


Wednesday, January 27, 2016

GOV. BAKER FILES $39.5B FY 2017 BUDGET

  • UNRESTRICTED MUNICIPAL AID WOULD INCREASE BY $42 MILLION (4.3%)
  • CHAPTER 70 AID WOULD INCREASE BY ONLY $72 MILLION (1.6%)
  • MOST OTHER MUNICIPAL AND SCHOOL ACCOUNTS LEVEL-FUNDED

Earlier this afternoon, Gov. Charlie Baker submitted a $39.55 billion fiscal 2017 state budget plan with the Legislature, proposing a spending blueprint that would increase overall state expenditures by 3.5 percent, as the new Administration seeks to close a projected $635 million structural budget deficit by restraining spending across the board.

The Governor’s budget includes a $42 million increase in Unrestricted General Government Aid, and $72 million more for Chapter 70 school aid. Most other municipal and education aid accounts in the Governor’s budget proposal would remain at fiscal 2016 levels. This includes the special education circuit breaker, payments-in-lieu of taxes, regional school transportation, Shannon anti-gang grants, McKinney-Vento reimbursements and METCO funding. Kindergarten development grants would be level funded, with language to have the state develop guidelines to have recipients focus on early literacy outcomes.

The Governor would increase funding for charter school reimbursements by $20.5 million, yet proposes to revamp the reimbursement formula so that this increase would be targeted to those cities, towns and school districts whose charter cap exceeds 9 percent of net school spending because of underperforming test scores.

• Click here to see the UGGA and Chapter 70 Aid amounts listed by community in the Governor’s budget:
http://www.mass.gov/bb/h1/fy17h1/os_17/h3.htm

• Click here to see the Division of Local Services preliminary fiscal 2017 Cherry Sheet aid amounts for your community, based on the Governor’s proposed budget (you will need to insert the name of your community and “2017” in the fiscal year field):
https://dlsgateway.dor.state.ma.us/DLSReports/DLSReportViewer.aspx?ReportName=CherrySheetBudgets&ReportTitle=Cherry+Sheet+Budgets

• Click here to see DESE’s calculation of fiscal 2017 Chapter 70 aid and Net School Spending requirements for your city, town, or regional school district, based on the Governor’s proposed budget:
http://www.doe.mass.edu/finance/chapter70/chapter-17p.html

UNRESTRICTED MUNICIPAL AID INCREASED BY $42 MILLION
In a major victory for cities and towns, House 2 (the Governor’s fiscal 2017 budget submission) would provide $1.022 billion for UGGA, a $42 million increase over current funding. This fulfills one of Gov. Baker’s major campaign promises to increase direct municipal aid by the same rate of growth as state tax revenues.

The $42 million would increase UGGA funding by 4.3 percent. This would be the largest increase in discretionary municipal aid in nearly a decade. Every city and town would see their UGGA funding increase by this 4.3 percent growth rate.

CHAPTER 70 SCHOOL AID WOULD GO UP JUST 1.6 PERCENT
The Governor’s budget submission proposes a very small 1.6 percent increase in Chapter 70 education aid of $72 million, providing every city, town and school district with a minimum increase of at least $20 per student. The Governor’s budget would continue to implement the target share provisions enacted in 2007. The overall Chapter 70 increase would be significantly smaller than in recent years. Nearly 70 percent of cities and towns would only receive an increase of $20 per student under the Governor’s budget. This below-inflation increase is far too low, and would force communities to reduce school programs or further shift funds from the municipal side of the budget.

Please ask your Legislators to support a funding increase for Chapter 70 school aid that ensures that all schools receive a suitable and appropriate increase in fiscal 2017, which the MMA believes should be at least $100 per student. The MMA also strongly supports implementation of the recommendations of the Foundation Budget Review Commission to update the Chapter 70 “foundation budget” minimum spending standards for special education and health insurance costs for school employees, and to add to the spending standard a measure of recognition for the cost of services for low-income, English Language Learner (ELL) and other students who would benefit from more intensive services. The Commission recommended phasing in the changes over a four-year period, a position the MMA supports as well. Increasing minimum aid and fixing the inadequacies in the foundation formula are essential.

It should also be noted that House 2 contains language that would continue to allow communities to count retiree health insurance toward their net school spending, but only if they have done so beginning when the school finance law first went into effect in 1994, or if they have already voted to adopt the local-option provision in section 260 of the fiscal year 2015 general appropriations act to allow a phase-in of retiree health insurance costs in their net school spending calculation.

SPECIAL EDUCATION CIRCUIT BREAKER UNDERFUNDED
The Governor’s budget would level-fund the Special Education Circuit Breaker program at $271.7 million. Because special education costs are expected to rise by 3.5 percent in fiscal 2017, this means that the Governor’s budget likely underfunds reimbursements by approximately $10 million. This is a vital account that every city, town and school district relies on to fund state-mandated services. The Legislature has fully funded the program for the past four years, and the MMA will again be asking lawmakers to ensure full funding in fiscal 2017.

$20.5 MILLION MORE FOR CHARTER SCHOOL REIMBURSEMENTS
The Governor’s budget would add $20.5 million to charter school reimbursements, bringing funding up to $101 million. In fiscal 2017, all communities would receive 100 percent reimbursement for their increased charter school tuition payments above fiscal 2016 levels. For most communities, the current 5-year reimbursement schedule would be replaced with a one-year reimbursement of increased costs compared to the previous year. For underperforming school districts that have a charter cap that is higher than 9 percent of Net School Spending, the Governor is proposing a 3-year schedule, to reimburse those communities 100 percent in the first year, 50 percent in the second year, and 25 percent in the third year. Local officials will need to examine their own enrollment and tuition costs to determine how this new formula would impact them. The estimate of both the tuition amount and the reimbursement amount for each community are available on the Division of Local Services’ preliminary Cherry Sheets at the following link: https://dlsgateway.dor.state.ma.us/DLSReports/DLSReportViewer.aspx?ReportName=CherrySheetBudgets&ReportTitle=Cherry+Sheet+Budgets

REGIONAL SCHOOL TRANSPORTATION REIMBURSEMENTS LEVEL FUNDED
Gov. Baker’s budget submission would level-fund regional transportation reimbursements at the $59 million amount. This will be a hardship for virtually all communities in regional districts.

KINDERGARTEN GRANTS & McKINNEY-VENTO REIMBURSEMENTS LEVEL FUNDED
The Governor’s budget would level fund reimbursements for the transportation of homeless students at $8.35 million. With this amount of funding, the account remains far below the full reimbursement called for under the state’s unfunded mandate law. Kindergarten development grants would be level funded at $18.6 million, with language to have the state develop guidelines to have recipients focus on early literacy outcomes.

PAYMENTS-IN-LIEU-OF-TAXES (PILOT) AND SHANNON GRANTS LEVEL FUNDED, LIBRARY AID ACCOUNTS CUT $79K
The Governor’s budget would level fund PILOT payments at $26.77 million, Shannon anti-gang grants at $7 million, and fund library grant programs at $18.9 million, a reduction of $79,000.

DLS maps

DLS

The state’s Division of Local Services (DLS) is part of the state’s Dept. of Revenue.  DLS puts out the above named newsletter, but also publishes lots of data about municipalities.  The link below is to an interactive map that documents where we stand with respect to several metrics – population, taxes, % of residents, and % of commercial uses.

http://maps.massgis.state.ma.us/dls/landingmap/

Our state aid + 1%

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From John Nunnari –


Although I’m sure both the MMA and the Department of Local Services has already provided previews of these numbers, I’m passing this along in case you hadn’t seen the numbers released today by the Governor.

The Governor is proposing an additional $107K over last year, which is approximately a 1% increase.

john

 

 

Municipality/Regional District 7061-0008 Chapter 70 Unrestricted General Government Aid Annual Formula Local Aide
FY ’15 Actual Appropriation $5,862,409.00 $1,289,875.00 $0.00
FY ’16 Actual Appropriation $5,925,859.00 $1,336,310.00
Governors FY ’17 Proposal $5,975,759.00 $1,393,771.00 $0.00
Medfield (House FY ’17 Proposed Numbers) $0.00 $0.00 $0.00
Medfield (Senate FY 17 Proposed Numbers) $0.00 $0.00 $0.00
FY ’17 Conference Committee Report           July +/- $0.00 $0.00 $0.00

 

 

John Nunnari, Assoc AIA
Executive Director, AIA MA

MMA info #5

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Last Friday and Saturday I attended the MMA’s annual meeting at the Hynes Convention Center, where I always get good insights and gather great information.  I posted some of them while I was there.

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This morning as I heard about the Governor releasing his proposed version of the state budget for FY17, I was recalling Governor Baker telling us last Friday morning that last year he saw that municipalities got 75% of the state’s revenue increases in FY16 passed along to them via increased local aid from the state, that this year he is proposing that we get 100% of the state’s revenue increases passed along.  This sounds a lot like the revenue sharing that the MMA has been asking the state to commit to for a long time – now it just needs to be institutionalized and made permanent.

The state’s consensus revenue numbers for FY17 predict a 4.3% increase in state revenue, so our local aid should be going up 4.3% in the Governor’s proposed budget.

 

MBTA’s The Ride at risk in Medfield

This from the Statehouse News Service, via John Nunnari –

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SENIORS TURN OUT TO WARN AGAINST CHANGES THAT COULD MAKE THEM “SHUT-INS”

 

By Andy Metzger and Matt Murphy

STATE HOUSE NEWS SERVICE

 

BOSTON, DEC. 14, 2015…..If the MBTA Fiscal and Management Control Board votes to eliminate “premium” services on the Ride, a door-to-door paratransit system, about a dozen people are prepared to be arrested Monday, according to Carolyn Villers, executive director of Mass Senior Action Council.

 

Villers anticipates the board will not take that step, and said if the elimination of “premium” services remains a possibility, a group of activists will go to Gov. Charlie Baker’s office to protest the proposal. If the board votes Monday to eliminate it “we will be rather disruptive,” Villers told the News Service.

 

The MBTA is wrestling with a projected $242 million deficit in fiscal 2017. The premium service applies to areas outside the Americans with Disabilities Act-mandated para-transit zone and applies to rides that are scheduled and taken on the same day, according to Villers.

 

A map Villers provided shows areas deemed premium in the Ride’s service area, including Medfield, most of Concord, Topsfield and part of Weymouth. The control board is meeting Monday after a joint meeting with the MassDOT board.

 

Advocates are warning against any reductions in services for elders and the disabled who rely on The Ride to buy grocery and get to doctor appointments.

 

Mass Home Care says that any move to cut back on “premium” services will lead to more “shut-ins” cut off from help to conduct their daily lives.

 

“If the MBTA takes The Ride off the road, we will lose more than 210,000 trips that not only link elders to needed services — but reduces their isolation in their homes for those who no longer can drive on their own,” Candy Kuebel, of Mass Home Care, plans to tell the board.

 

The T has estimated that it could save $5.2 million to $10.4 million starting early next year by limiting the door-to-door Ride service to the areas specifically required by the Americans with Disabilities Act.

 

Mass Home Care said seniors were already impacted by Ride fare increases in 2012 and did not receive a cost-of-living adjustment in their Social Security. Use of The Ride fell 20 percent after the fare hikes, according to Mass Home Care.

 

“You have heard the term ‘shut-ins.’ Well, no senior wants to be called a “shut-in,” but that’s exactly what the MBTA will be creating if you put the brakes on ‘premium rides,'” Kuebel said.

 

END

12/14/2015

 

Serving the working press since 1910

http://www.statehousenews.com

Municipal reform legislation proposed

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The Baker-Polito administration has propose legislation that includes the following changes in the ways towns operate (this is from its press release today) –


The four foundational themes for the proposed municipal modernization bill are: eliminating or updating obsolete laws; promoting local independence; streamlining state oversight; and providing municipalities with greater flexibility. The need for modernization is further reflected by the fact that the proposed bill includes amending laws that haven’t been modified since the early 1900’s.

Eliminate or Update Obsolete Laws

  • County Government Reporting: Repeals provisions of the county finance statute that require DLS to review various aspects of county government finance.
  • Electronic Advertising for Required Notices: Modifies the public notice requirement for town warrants and other required notices, including procurement, to permit municipalities to post notice in any manner prescribed or approved under the Open Meeting Law.
  • Electronic Issuance of Civil Motor Vehicle Infraction (CMVI): Adopts the necessary changes to the civil motor vehicle infraction law to allow cities and towns to issue citations electronically.
  • Accrual of Interest on Unpaid Taxes: Makes the charging of interest on overdue property taxes more equitable in terms of semi-annual versus quarterly billing.

Promote Local Independence

  • Stabilization and Revolving Funds: Broadens the revolving funds statutes to permit more flexibility in the use of such funds and to eliminate all caps.
  • Insurance Proceeds: Allows up to $150,000 of insurance proceeds that a city or town receives in payment of a claim to be used without appropriation to repair or replace damaged real and personal property.
  • Right of First Refusal for Non-Profit Property: Gives a municipality a right of first refusal if property owned by a charitable organization or a church is being sold or developed for a non-exempt purpose.
  • Liquor Licenses: Allow municipalities, except Boston, to set the quotas for liquor licenses issued to facilities (such as restaurants) permitting on-premises drinking.

Streamline State Oversight

  • Boat excise reform – The Environmental Police will provide more up-to-date boat registration and documentation to local assessors that will ensure a more efficient process for the collection of the excise tax.
  • Local Property Assessments: Decreases the frequency with which Department of Revenue (DOR) must certify that local property assessments reflect fair cash valuation from every three years to every five years.
  • State-Owned Land Valuation: Eliminates the current procedure under which the DOR values state-owned land every four years, replacing that process with a statutory formula for determining the valuation every two years after the 2017 valuation required by current law.
  • Remove DLS approval on certain abatements: Eliminate the need to have DLS approve abatement of taxes on low-valued land and abatement of taxes on properties being made available for affordable housing.

Provide Municipalities with Greater Flexibility

  • “Double poles” Enforcement Power: Allows cities and towns to enforce the statutory prohibition on keeping double poles up after ninety days, after passing a local ordinance authorizing them to do so.
  • State and Municipal Procurement Thresholds: Simplifies, clarifies and increases state and municipal procurement thresholds with various reforms designed to give municipalities more flexibility in how they procure construction contracts.
  • Debt Statutes: Increase the short-term borrowing maximum from 5 to 10 years, allow borrowing for a reimbursable federal or state grant, and increases the de minimis surplus bond balance that may be used to pay debt service.
  • Unemployment Insurance: Extends the “reasonable assurance” standard to school employees paid through the municipal budget and addresses the issue of retirees collecting unemployment.

The legislation also proposes changes that would modernize procurement at the local level and allow municipalities to use Operational Services Division contracts for construction contracts under $50,000. Once passed, this legislation will also allow cities, towns, or districts to adopt a local option that would require direct deposit of municipal employee compensation; will permit mayors and selectmen to initiate movement to optional forms of municipal administration or charter commission; will allow municipalities to exempt positions from civil service by vote of the governing body rather than through special legislation; and will enable cities and town to invest in CD’s for more than one year.

CPA meeting 12/10 at 7pm

Adopting the Community Preservation Act is a way for Medfield to save money on our property taxes – it saves us money because of the state  matching money.  This year Medway is getting a state match at over 40% of what they paid in to their CPA fund, because they do the CPA at 3%, like we should be doing.  Medfield is already paying in to the money being distributed to the CPA towns, but we do not share in the payout because we have not yet adopted the CPA.

The letter below is from the newly formed town committee exploring the CPA for Medfield.

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Dear Community Member,

Care about preserving Medfield’s unique character?  We urge you to join us at *7 p.m. on Dec. 10 at the Zullo Gallery* for conversation, wine, beer and bites to eat so you can learn more about the Community Preservation Act (see attached flyer for basic points).

We’ve all witnessed rapid changes taking place in Medfield over the years. Numerous historic structures have disappeared or are at great risk of disappearing; open space is  threatened by development pressures; affordable housing for our seniors is desperately needed; and a costly recreation project will be proposed to Medfield taxpayers at the 2016 Town Meeting.

At the same time, it was recently announced that $36 million in funding will be distributed to 156 towns across the Commonwealth specifically earmarked for preservation of open space, historic structures, affordable housing, and recreation, but Medfield will not be among the towns receiving any funding. Why? Because we have yet to adopt the Community Preservation Act (CPA).

In towns that have adopted the CPA, taxpayers will be receiving an almost 30% return on their investment this year alone.

So what can you do?  Join us at the Zullo Gallery on Dec. 10!  This is an opportunity to be among a group of concerned citizens working to educate fellow residents about the Community Preservation Act, and to see who might want to play a role in getting it adopted in the town of Medfield. If you’d like to attend, please just click on the registration form below (not mandatory, but helpful for planning purposes).

http://events.constantcontact.com/register/event?llr=l6t4gcdab&oeidk=a07ebv18ggm8b822a8a

Sincerely,

Chris McCue Potts
Dan Bibel
Russ Hallisey

Permissible spending / wrong spending

This is a good explanation from the DOR’s Division of Local Services’ e-newsletter, instructing we towns on what we can and cannot spend our town money –


 

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Municipal Expenditures: Proper Public Purposes
Mary Mitchell, Esq. (retired) – Municipal Finance Law Bureau

 

The following article, originally published in the February, 2006 edition of City & Town, is being republished(1) due to ongoing interest in the subject.

Increasingly over the past few years, DLS legal and accounting staffs are asked if certain expenditures made by cities and towns are allowable.  Many of these issues arise as the municipal accounting officer reviews departmental bills for payment. This article discusses the rules regarding the expenditure of public funds and makes recommendations for ensuring proper payment.

Authority to Spend

The authority for cities and towns to spend money arises under Section 5 of MGL c. 40. That section provides that:

“[a] town may at any town meeting appropriate money for the exercise of any of its corporate powers; provided, however, that a town shall not appropriate or expend money for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.(2)”

Cities and towns are free to exercise any power or function, except those denied to them by their own charters or reserved to the State, that the Legislature has the power to confer on them, as long as the exercise of these powers is not inconsistent with the Constitution or laws enacted by the Legislature.(3) In general, the properties and purposes for which cities and towns are authorized to spend are not specified, but rather they include any necessary expenditures arising from the exercise of their powers or functions.

Public Purpose Limitation

Cities and towns can spend only for public purposes. Public funds cannot be used for private purposes. Thus, cities and towns have the right to spend money for any purpose where the public good will be served but not where the expenditure of money is directly for the private benefit of certain individuals. This principle is expressed in the Massachusetts constitution and in numerous cases.(4)

In some situations, however, the expenditure of public funds advances both public and private interests.  In those situations, if the dominant motive for the expenditure is a public one, incidental private benefits will not invalidate the expenditure.(5) If, however, the dominant motive is to promote a private purpose, the expenditure will be invalid even if incidentally some public purpose also is served.(6)

Prohibitions Against Certain Expenditures

In addition to the general prohibitions against spending money for any purpose or under any conditions inconsistent with any general or special law, there are two other prohibitions on municipal spending.

1.) Anti-Aid Amendment

The first is a prohibition against the giving of money or property by a city or town to or in aid of any individual, association or corporation embarking upon any private enterprise. This prohibition is referred to as the Anti-Aid Amendment.(7) It provides in pertinent part:

“No grant, appropriation or use of public money or property or loan of credit shall be made or authorized by the Commonwealth or any political subdivision thereof for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or secondary school, or charitable or religious undertaking which is not publicly owned and under the exclusive control, order and supervision of public officers or public agents authorized by the Commonwealth.”

This amendment prohibits the use of public money or property by cities and towns for the purpose of maintaining or aiding any institution or charitable or religious undertaking that is not publicly owned. The kinds of expenditures barred by the amendment are those that directly and substantially benefit or “aid” private organizations in a way that is unfair, economically or politically.(8)

The prohibition against using public funds for private organizations includes any grants, contributions or donations made by a city or town to an organization for the specific purpose of directly supporting or assisting its operations. However, the Anti-Aid Amendment does not preclude a city or town from purchasing specific services from private organizations in order to carry out a public purpose.(9) Further, as with the public purpose limitation discussed above, if an expenditure is for a public purpose but also incidentally benefits a private organization, the expenditure generally will not violate the Anti-Aid Amendment.(10)

2.) Wines, Liquors, Cigars

In addition to the prohibition against the use of public funds for private organizations, there is also a prohibition against the use of public funds to purchase alcohol and tobacco under Section 58 of MGL c. 44.

What Constitutes a Public Purpose?

The question of what constitutes a permissible “public purpose” has been discussed in many cases.(11) The cases “do not, however, establish any universal test.”(12) Instead, they generally stress the certainty of benefits to the community.(13) Thus, the basic test is whether the expenditure is required for the general good of the inhabitants of the city or town.(14)

Generally speaking, local government spending for the following purposes satisfies the public purpose test:

  • Wages and Benefits – Cities and towns have the right to spend reasonable amounts to execute their powers and duties.(15) This right includes the right to compensate people for services rendered.(16)  Compensation for services may include sick leave and vacations.(17) Cities and towns also have the right to settle employment or other claims that may be made upon them arising out of their administration of their municipal affairs.(18)
    .
  • Merit Awards – Cities and towns may spend reasonable amounts on awards for students.(19) Cities and towns may also spend reasonable amounts on retirement gifts, plaques, merit service payments, and other similar awards for municipal employees and officials. The expenditure of public money in recognition of services rendered, even though such expenditure of money is directly for the private benefit of certain individuals, is a public purpose where the benefit is conferred as an appropriate recognition of distinguished and exceptional service, such that the public welfare will be enhanced or the loyalty and productivity of the other employees will be promoted.(20)

By contrast, local government spending for these purposes does not satisfy the public purpose test:

  • Gifts and Gratuities – Since public money can only be expended for public purposes, cities and towns have no power to appropriate money for gifts or gratuities to persons whose situations may appeal to public sympathy.(21)
    .
  • Lobbying – Cities and towns cannot spend money to influence elections.(22)

Frequently Asked Questions

We are asked frequently whether the following expenditures are for public purposes and may be paid:

  • Alcohol purchased by a department to be served at a fundraiser or for compliance testing

The language of MGL c. 44, s. 58 is prohibitive. It reflects an explicit Legislative disapproval of spending municipal resources for alcoholic beverages and cigarettes. We have advised, however, that they can be purchased for the limited purpose of compliance testing for law enforcement or public health purposes. For example, local officials may stage purchases of alcohol or cigarettes by minors from local stores using money for anti-smoking or underage drinking campaigns. We think those expenditures would not be prohibited because they are not for consumption but to ensure compliance with local regulations and state statutes.

  • Floral arrangements for funerals of municipal employees

Funeral flowers, sympathy cards and other expenses for the customary expression of sentiments that are incidental to the social relationships that employees develop during work are not expenses made for public purposes. Those expenses are not within a municipal department’s budget simply because the relationships developed in conjunction with the conduct of departmental business. Therefore, it is not appropriate to pay for funeral flowers or sympathy cards out of municipal funds. They should be covered from private donations.

  • Plaques and gifts awarded to persons retiring from municipal government or to current employees for outstanding performance during the year

Retirement gifts, plaques, merit payments and other similar awards given to retirees or employees may be considered a proper purpose for the expenditure of municipal funds if they are not excessive and are used to (i) encourage continuity of service or to (ii) enhance efficiency and loyalty or to (iii) promote productive performance. Similarly, appreciation gifts to volunteers and unpaid interns may also be considered a proper municipal expenditure if the purpose is to promote volunteerism and they are in token amounts. The expense of holding a retirement party should be covered from private donations because it is mostly an expression of support and appreciation from colleagues. However, paying for the cost of dinner for the retiree would be appropriate. By contrast, paying for the dinners, gifts or party expenses for any attendees other than the retiree would generally be considered a mere gratuity and not for a proper municipal purpose.

  • Refreshments at public functions, such as a ribbon cutting ceremony, an opening day, a reception or banquet, or a presentation

Refreshments and meals may be served at legitimate public functions such as ribbon-cutting ceremonies, opening day events, receptions or banquets, presentations, and the like so long as they are modest and served to provide a benefit for the city or town by helping to keep the participants alert and receptive. The public function must be a department sponsored public event for authorized persons and related to the public purpose of the department sponsoring it. If the function is open only to select groups or individuals, or spouses are in attendance, it is more likely to be considered a private celebration of primarily a social character.

  • Refreshments served to employees, such as coffee made available at a staff meeting or light refreshments provided to election workers or lunch served at an all-day training program or planning meeting

Refreshments and meals may be served to officers or employees of the city or town or persons doing business with the municipality at official meetings or official events so long as they are modest and benefit the city or town by helping to keep the participants alert and receptive or by enhancing efficiency by avoiding loss of time and disruption if participants leave the premises. The official meeting or event must be a department or municipal sponsored meeting or event for authorized persons and related to the public purpose of the sponsor.

  • Reimbursement of a department head for attending retirement or department dinners or parties or for attending other events not sponsored by the department or municipality

Employees and officials may be reimbursed for the expenses of attending functions that relate to their public duties. The function must relate to and further the public purpose of the department sponsoring it. If a department head incurs an expense in the performance of official duties in the representation of his or her department, the expense is reimbursable. Thus, the cost of a department head’s attendance at a retirement dinner or department party at which he or she is the official presenter of token gifts or awards, as a representative of his or her department, would be a legitimate municipal expense. If the event is arranged and funded by department employees or others, and attendance is optional, then the event would seem to be social and for private purposes rather than for public ones. In addition, if the event is outside of the municipality and not related to the department or the community, the use of municipal funds would not be appropriate.

  • Reimbursement of purchases or expenses incurred during authorized travel or while engaged in authorized business

Employees who are out of town or working late on business or attending training programs or conferences on behalf of a city or town may be reimbursed for out-of-pocket costs of travel, meals, and other purchases incurred in furtherance of that objective and as a term or condition of employment. These types of expenses are permissible municipal expenses, provided that attendance is authorized by the municipal official or board with the authority to expend department funds. Included within the realm of reimbursable expenses are: (i) registration charges, including late fees; (ii) local surcharges and taxes on car rentals; (iii) taxes and tips on meals, and (iv) taxes on petty cash purchases, so long as these expenses are reasonable and not in conflict with the reimbursement policies of the city or town. Late registration fees are considered to be part of the contract price for the training program or conference. Similarly, surcharges, taxes and tips are a necessary and customary part of legitimate expenses incurred by employees in the course of their employment.

  • Payment of expenses associated with fundraising for departments, e.g., mailings seeking donations or door prizes and refreshments at a fundraising event.

Municipal departments, like the Parks and Recreation Department, the Library, the Historic Commission, or the schools, may want to raise money for a particular departmental project. Generally, solicitations for donations or financial support from private individuals or businesses must be conducted in accordance with MGL c. 268A, the Conflict of Interest law. In that regard, the State Ethics Commission has issued Advisory Opinion EC-COI-12-1, which provides guidance on fundraising by municipal employees. We suggest that you consult with your municipal counsel for advice before proceeding with fundraising.

Fundraising activities that go beyond applying for grants or soliciting contributions and involve expending municipal funds or receiving funds in exchange for goods are more problematic. For example, if the Recreation Department wants to sell T-shirts as a fundraiser, then it would need an appropriation from which to purchase the T-shirts(23) and proceeds from their sale would be general fund revenue, which could not be spent without an appropriation.(24) Arguably, such a transaction is more in the nature of a profit on a business transaction than a donation. We believe the better practice in such a case is to have a private entity, such as a “friends” group, sponsor and conduct the fundraising event and turn over the net proceeds to the municipal department as a grant or gift under MGL c. 40, s. 53A. Under section 53A, the funds are held by the treasurer in a separate gift account and may be spent by the department for the purposes of the gift without appropriation upon the approval of the board of selectmen, or the city manager and city council, or the mayor and city council, as appropriate.

An additional issue arises when municipal resources are used to assist a private group’s fundraising activities even if the activities will benefit the municipality. Pursuant to the Anti-aid Amendment, public funds may not be used to assist a private organization’s fundraising activities, no matter how worthy or related the cause. For example, the school department cannot pay to print and mail a flyer by the Parent-Teachers Organization to promote a car wash it is holding to raise monies for the schools.

Sharing the expenses of a community event co-sponsored by a municipal department and a private organization also raises Anti-Aid Amendment issues because the event is not under the exclusive control of public officers.

Conclusion

DLS strongly recommends that municipalities develop clear, written policies or guidelines, preferably by bylaw or ordinance, about allowable expenditures. For example, to ensure the municipality receives the maximum benefit from its sales tax exemption, there should be clear standards about when department employees can purchase necessary supplies or materials and be reimbursed. Travel expenses are often set out in collective bargaining agreements, but the municipality should also adopt a policy to cover travel expenses for nonunion employees. DLS also recommends that standards be established for merit awards, food or fundraising expenses. Finally, DLS recommends that accounting officers advise managers and employees at the beginning of each fiscal year of the municipality’s policies. This will help to avoid uncertainty or disagreements about whether certain expenditures are permissible and payable.


1.) With appropriate updating.

2.) MGL c. 40, s. 5 applies to cities under MGL c. 40, s. 1.

3.) See art. 2 of the Amendments to the Massachusetts Constitution, as appearing in art. 89, sec. 6, 7 and 8.

4.) Mass. Const., Art. XI, c. 2, s. 1 and Art. IV, c. 1, s. 1; Lowell v. City of Boston, 111 Mass. 454, (1873);Matthews v. Inhabitants of Westborough, 131 Mass. 521 (1881); Mead v. Acton, 139 Mass. 341 (1885); In re Opinion of Justices, 190 Mass. 611  (1906); Whittaker v. Salem, 216 Mass. 483 (1914); In re Opinion of Justices, 240 Mass. 616  (1922); Jones v. Inhabitants of Town of Natick, 267 Mass. 567 (1929); D.N. Kelley & Son, Inc. v. Selectmen of Fairhaven, 294 Mass. 570 (1936); Quinlan v. City of Cambridge, 320 Mass. 124 (1946); Eisenstadt v. County of Suffolk, 331 Mass. 570 (1954).

5.) See e.g., Opinion of the Justices, 313 Mass. 779 (1943) (“The fact that the owner of a way may profit by expenditures ‘for the removal of snow and ice’…does not invalidate expenditures…where the primary purpose of such removal is the benefit of the public to whose use the way is open.”).

6.) See e.g., Salisbury Land & Improvement, Co. v. Commonwealth, 215 Mass. 371 (1913) (act was unconstitutional where it authorized the condemnation of lands for a public beach and the sale or leasing to private parties of any portion not needed for the public beach).

7.) The Anti-Aid Amendment is contained in Section 2 of Article 46 of the Amendments to the Massachusetts Constitution (as amended in 1974 by Art. 103 of the Amendments).

8.) See Commonwealth v. School Committee of Springfield, 382 Mass. 665 (1981); Helmes v. Commonwealth, 406 Mass. 873 (1990).

9.) See e.g., Commonwealth v. School Committee of Springfield, 382 Mass. 665 (1981)(court held that the purchase of services by the school committee from private schools to meet the needs of special education students did not run counter to the anti-aid amendment because the purpose was to fulfill the obligation of the public school system which had chosen not to provide the services in its own schools).

10.) See e.g., Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning Board of Lawrence, 403 Mass. 531 (1988) (the taking of property for urban renewal project did not violate the Anti-Aid Amendment because the taking had a public purpose to eliminate a blighted open area and any benefit to college was incidental to that purpose).

11.) See Eisenstadt v. Suffolk County, 331 Mass. 570, 573 (1954) and cases cited.

12.) Allydonn Realty Corp. v. Holyoke Housing Authority, 304 Mass. 288,  292 (1939).

13.) See e.g., Opinion of the Justices, 313 Mass. 779, 784-85 (1943) (expenditures for snow removal from private ways that were open to public were for the public purpose of accommodating the public as to means of travel and transportation); McLean v. Boston, 327 Mass. 118 (1951) (expenditure of money for the development of housing for residents made homeless by tunnel expansion was for the public purpose of addressing a local emergency caused by a public improvement); Opinion of the Justices, 349 Mass. 794 (1965) (payments by city for retirement of certain alcoholic beverage licenses was for the public purpose of cleaning up of the city).

14.) See Opinion of the Justices, 337 Mass. 777, 781 (1958).

15.) See e.g., M.G.L. c. 40, s. 4 (“A city or town may make contracts for the exercise of its corporate powers…”); Leonard v. Middleborough, 198 Mass. 221 (1908).

16.) See e.g., Curran v. Holliston, 130 Mass. 272 (1881); Attorney General v. Woburn, 317 Mass. 465 (1945).

17.) See e.g., Quinlan v. City of Cambridge, 320 Mass. 124 (1946); Wood v. Haverill, 174 Mass. 578 (1899).

18.) See Matthews v. Westborough, 131 Mass. 521 (1881); Jones v. Natick, 267 Mass. 567 (1929); George A. Fuller Co. v. Commonwealth, 303 Mass. 216 (1939).

19.) See e.g., M.G.L. c. 71, s. 47 (specifically authorizes the expenditure of municipal funds for student prizes).

20.) See e.g., Eisenstadt v. County of Suffolk, 331 Mass. 570 (1954); In re Opinion of Justices, 190 Mass. 611 (1906); see also In re Opinion of Justices, 240 Mass. 616  (1922).

21.) See e.g., Matthews v. Westborough, 131 Mass. 521, 522 (1881); Whittaker v. Salem, 216 Mass. 483(1914); Jones v. Inhabitants of Town of Natick, 267 Mass. 567 (1929).

22.) See e.g., Anderson v. Boston, 376 Mass. 178 (1978), appeal dismissed, 439 U.S. 1060, 99 S. Ct. 822 (1979).

23.) MGL c. 44, sec. 31.

24.) MGL c. 44, sec. 53.