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Business Meeting Proposed Resolution Opposing Current and Future Unfunded Local Mandates
Whereas, the cities and towns of Massachusetts provide a wide range of essential services for all the citizens of the Commonwealth, including fire, police, ambulance and other public protection services, the education of nearly 1 million schoolchildren, the operation of free public libraries, and the construction and maintenance of local roads and bridges and other public facilities; and
Whereas, the economic recession and the enduring impact on government revenues have resulted in budget shortfalls and challenges at both the state and local levels; and
Whereas, the state has further imposed requirements applicable to all cities and towns of Massachusetts without any appropriation notwithstanding this fiscal crisis and include, but are not limited to, the measures contained in this Resolution; and
Whereas, the Legislature and governor have recently imposed such a requirement on all cities and towns pursuant to the Ethics Reform Act whereby all municipal employees, including consultants and those rendering volunteer services, must complete an online training on the state’s conflict-of-interest law without appropriating any money to absorb the administrative and overtime costs associated thereto; and
Whereas, the Legislature and governor have recently imposed such a requirement on all cities and towns pursuant to “Jackie’s Law,” whereby a local permitting authority must attend to and immediately shut down all work on any unattended or noncompliant trench excavation on both public and private property without appropriation to absorb the costs incurred thereto; and
Whereas, state agencies have imposed strict water resource protection regulations, based on questionable science that has not been fully explained to municipal water suppliers, that have negatively impacted economic growth at a time when cities and towns are seeking to attract new businesses; and further that these same state agencies have sought to require new and burdensome storm water regulations upon our cities and towns, without providing for the economic hardship this will no doubt incur; and
Whereas, the state subjects all cities and towns to the state’s prevailing wage law, whereby such wages are established in the private sector, because of inherent ambiguity in the law, resulting in artificially higher wage rates, unnecessarily augmenting costs for capital construction projects for cities and towns during these grim fiscal times without appropriation to absorb those costs incurred thereto; and
Whereas, the state arbitrarily requires that all cities and towns with a population in excess of 12,000 hire a full-time veteran’s agent; and
Whereas, special education costs have grown 36 percent from fiscal 2002 to fiscal 2007 and out-of-district tuition expenditures over that same time have grown by 62 percent; and, further, local school district enrollments have grown steadily over that same time by 15 percent; and
Whereas, cities and towns support and advocate for strong ethical government, strong and appropriate trench safety programs, clean and safe drinking water and high quality storm water, payment of appropriate wages for public construction work, full provision of benefits to veterans of the Armed Forces, and appropriate and fair levels of special education services to students of the Commonwealth – however, cities and towns cannot continue to absorb these and additional mandates and the corresponding workload imposed by the Commonwealth of Massachusetts without compensation, reimbursement, or other relief from the Commonwealth, no matter how worthy the causes;
Therefore it is hereby resolved that:
The cities and towns of Massachusetts call on the Legislature, governor and the state’s administrative agencies to refrain from imposing any further unfunded mandates and requirements on cities and towns, as said mandates harm municipal budgets, adversely impact municipal service delivery, and increase reliance on the property tax; and
In the event that any such legislation or regulation is considered, the Legislature shall be required to provide a fiscal note included as part of any such proposal that clearly explains the costs imposed on municipal governments as a result of such legislation or regulation, including, but not limited to, the requisite staff necessary to administer or implement said legislation; and
In the event there is a cost identified in said fiscal note, that the Legislature refrain from enacting such a legislative proposal until such time that an appropriation satisfying said amount be provided for; and
Regarding the unfunded mandates referenced above, the state should take the following actions to remedy the burden on cities and towns:
• In the event that the state does not appropriate adequate funds to reimburse cities and towns for enforcing the new training requirements of the Ethics Reform Act, the MMA calls on the Legislature and governor to amend said Act to eliminate those provisions in Section 84 of said Act that impose on all municipal employees the requirement that they complete a training every two years of the conflict-of-interest law and that the municipal employer maintain a record of completion for six years, and in the meantime, the MMA urges the State Ethics Commission to continue to work with cities and towns to make the implementation process as feasible as possible;
• In the event the state does not appropriate adequate funds to reimburse cities and towns for enforcing the provisions of “Jackie’s Law,” the MMA calls on the Legislature and governor to amend “Jackie’s Law” to provide for a mechanism by which such costs can be subsidized by permit holders while also providing municipalities adequate tools by which to enforce said law, especially with respect to private property;
• In the event the state does not appropriate adequate funds to cities and towns, the MMA calls on the state’s environmental agencies to conduct an impact analysis and cost-benefit analysis prior to consideration of any new regulation affecting water supplies and support continued research into the science needed to make fair and balanced decisions regarding water resource management, and the state must pay for any environmental regulation promulgated, no matter how well-intentioned or necessary to protect the environment, that imposes new, additional costs on cities and towns; and
• That the state should exempt smaller cities and towns and small-scale projects from the state’s prevailing wage law, and, further, that the state’s prevailing wage law should be amended to unequivocally require the state Director of Workforce and Labor Development to set the prevailing wage rate in addition to certifying said rate; and
• That the state should eliminate the arbitrary population requirement that dictates the hiring of a full-time veterans agent and instead call on the state Department of Veterans Services to work with communities with limited caseloads to regionalize such service in order to administer benefits effectively at the lowest possible cost; and
• That the state increase the state’s share of those costs incurred pursuant to the state’s special education requirements while ensuring that school departments enjoy increased flexibility in administering special education programs.
It is further resolved that a copy of this resolution shall be forwarded to the Senate and the House of Representatives and to the Governor of the Commonwealth of Massachusetts.
Business Meeting Proposed Resolution Opposing Current and Future Unfunded Local Mandates
Proposed Resolution Opposing Current and Future Unfunded Local Mandates
Whereas, the cities and towns of Massachusetts provide a wide range of essential services for all the citizens of the Commonwealth, including fire, police, ambulance and other public protection services, the education of nearly 1 million schoolchildren, the operation of free public libraries, and the construction and maintenance of local roads and bridges and other public facilities; and
Whereas, the economic recession and the enduring impact on government revenues have resulted in budget shortfalls and challenges at both the state and local levels; and
Whereas, the state has further imposed requirements applicable to all cities and towns of Massachusetts without any appropriation notwithstanding this fiscal crisis and include, but are not limited to, the measures contained in this Resolution; and
Whereas, the Legislature and governor have recently imposed such a requirement on all cities and towns pursuant to the Ethics Reform Act whereby all municipal employees, including consultants and those rendering volunteer services, must complete an online training on the state’s conflict-of-interest law without appropriating any money to absorb the administrative and overtime costs associated thereto; and
Whereas, the Legislature and governor have recently imposed such a requirement on all cities and towns pursuant to “Jackie’s Law,” whereby a local permitting authority must attend to and immediately shut down all work on any unattended or noncompliant trench excavation on both public and private property without appropriation to absorb the costs incurred thereto; and
Whereas, state agencies have imposed strict water resource protection regulations, based on questionable science that has not been fully explained to municipal water suppliers, that have negatively impacted economic growth at a time when cities and towns are seeking to attract new businesses; and further that these same state agencies have sought to require new and burdensome storm water regulations upon our cities and towns, without providing for the economic hardship this will no doubt incur; and
Whereas, the state subjects all cities and towns to the state’s prevailing wage law, whereby such wages are established in the private sector, because of inherent ambiguity in the law, resulting in artificially higher wage rates, unnecessarily augmenting costs for capital construction projects for cities and towns during these grim fiscal times without appropriation to absorb those costs incurred thereto; and
Whereas, the state arbitrarily requires that all cities and towns with a population in excess of 12,000 hire a full-time veteran’s agent; and
Whereas, special education costs have grown 36 percent from fiscal 2002 to fiscal 2007 and out-of-district tuition expenditures over that same time have grown by 62 percent; and, further, local school district enrollments have grown steadily over that same time by 15 percent; and
Whereas, cities and towns support and advocate for strong ethical government, strong and appropriate trench safety programs, clean and safe drinking water and high quality storm water, payment of appropriate wages for public construction work, full provision of benefits to veterans of the Armed Forces, and appropriate and fair levels of special education services to students of the Commonwealth – however, cities and towns cannot continue to absorb these and additional mandates and the corresponding workload imposed by the Commonwealth of Massachusetts without compensation, reimbursement, or other relief from the Commonwealth, no matter how worthy the causes;
Therefore it is hereby resolved that:
The cities and towns of Massachusetts call on the Legislature, governor and the state’s administrative agencies to refrain from imposing any further unfunded mandates and requirements on cities and towns, as said mandates harm municipal budgets, adversely impact municipal service delivery, and increase reliance on the property tax; and
In the event that any such legislation or regulation is considered, the Legislature shall be required to provide a fiscal note included as part of any such proposal that clearly explains the costs imposed on municipal governments as a result of such legislation or regulation, including, but not limited to, the requisite staff necessary to administer or implement said legislation; and
In the event there is a cost identified in said fiscal note, that the Legislature refrain from enacting such a legislative proposal until such time that an appropriation satisfying said amount be provided for; and
Regarding the unfunded mandates referenced above, the state should take the following actions to remedy the burden on cities and towns:
• In the event that the state does not appropriate adequate funds to reimburse cities and towns for enforcing the new training requirements of the Ethics Reform Act, the MMA calls on the Legislature and governor to amend said Act to eliminate those provisions in Section 84 of said Act that impose on all municipal employees the requirement that they complete a training every two years of the conflict-of-interest law and that the municipal employer maintain a record of completion for six years, and in the meantime, the MMA urges the State Ethics Commission to continue to work with cities and towns to make the implementation process as feasible as possible;
• In the event the state does not appropriate adequate funds to reimburse cities and towns for enforcing the provisions of “Jackie’s Law,” the MMA calls on the Legislature and governor to amend “Jackie’s Law” to provide for a mechanism by which such costs can be subsidized by permit holders while also providing municipalities adequate tools by which to enforce said law, especially with respect to private property;
• In the event the state does not appropriate adequate funds to cities and towns, the MMA calls on the state’s environmental agencies to conduct an impact analysis and cost-benefit analysis prior to consideration of any new regulation affecting water supplies and support continued research into the science needed to make fair and balanced decisions regarding water resource management, and the state must pay for any environmental regulation promulgated, no matter how well-intentioned or necessary to protect the environment, that imposes new, additional costs on cities and towns; and
• That the state should exempt smaller cities and towns and small-scale projects from the state’s prevailing wage law, and, further, that the state’s prevailing wage law should be amended to unequivocally require the state Director of Workforce and Labor Development to set the prevailing wage rate in addition to certifying said rate; and
• That the state should eliminate the arbitrary population requirement that dictates the hiring of a full-time veterans agent and instead call on the state Department of Veterans Services to work with communities with limited caseloads to regionalize such service in order to administer benefits effectively at the lowest possible cost; and
• That the state increase the state’s share of those costs incurred pursuant to the state’s special education requirements while ensuring that school departments enjoy increased flexibility in administering special education programs.
It is further resolved that a copy of this resolution shall be forwarded to the Senate and the House of Representatives and to the Governor of the Commonwealth of Massachusetts.
