On Brookline

BROOKLINE AND NEWTON: CONTRASTS IN ELECTORAL ACCOUNTABILITY

By Arshag A. Mazmanian

Brookline’s Representative Town Meeting (“RTM”) form of governance has as its executive a board of five (5) Selectmen elected to serve 3-year staggered terms (2008, 2 seats; 2009 2 seats; 2010, 1 seat) and as its legislature 240 Town Meeting Members (“TMMs”) from the Town’s 16 precincts also elected to serve 3-year staggered terms (80 seats per year). Brookline’s population is currently just over 55,000.

Newton’s city form of governance has as its executive a Mayor elected to serve a 4-year term (next election, 2009) and as its legislature a board of 24 Aldermen, 8 elected by ward and the balance of 16 at large to serve 2-year terms (next election, 2009). Newton’s population is currently just short of 83,000.

Brookline’s Selectmen generally meet on Tuesdays, late afternoon and evening, with such meetings subject to the Massachusetts Open Meeting Law. The functioning of Newton’s Mayor generally is not subject to the Massachusetts Open Meeting Law.

Brookline’s TMMs are required to hold a Town Meeting (“TM”) annually, generally in May, lasting several days. At least one special TM is frequently held in the fall of each year. Newton’s Aldermen hold regular meetings, evenings, on the 1st and 3rd Mondays of each month, except for July and August when they meet on the 2nd Monday; special meetings can be called, with due notice, by the Mayor, President of the Board of Aldermen or any seven (7) Aldermen.

Brookline’s budget for 2009 is $200 million and Newton’s budget for 2009 is $265 million.

At Brookline’s May 6, 2008, elections, two (2) Selectmen were elected, one a newcomer and the other reelected for a second term, as well as 80 TMMs; Brookline voters also approved two separate overrides of $6.2 million and $5.4 million, with the higher amount prevailing. Newton voters rejected a $12 million override proposal on May 20, 2008; the Mayor and Aldermen were not on the ballot.

Newton’s override proposal has drawn extensive media attention, focusing upon the significant cost increases for its new high school under construction. Mayor David Cohen has taken a lot of political heat as such costs have increased over the years. Cohen withdrew a recent request for a salary increase from $97,000 to $125,000, which had added to the political heat.

The purpose of this essay is not to criticize specific actions taken either by the Town of Brookline or the City of Newton. Rather, it seeks to address accountability to the voters in these communities in their electoral processes.

Brookline’s RTM does not permit its voters in a single election to replace its entire executive and legislative branches because of staggered terms. Those running for election/reelection can point to those not on the ballot as being responsible for voters’ concerns.

In Newton, the entire executive (i.e., the mayor) can be held accountable every four years: voters can point their fingers at one person (not five Selectmen as in Brookline). Similarly, Newton’s entire legislature can be held accountable every two years.

How effective are Brookline’s TMMs as its legislature meeting only one or twice each year as compared to the frequency with which Newton’s legislature (i.e. the Aldermen) meet? Newton’s aldermen are in a position to challenge its mayor more readily and more frequently than can Brookline’s TMMs challenge its Selectmen. In addition, in Brookline the town moderator exerts significant controls over TMs, both annual and special, which can stifle debate. (The town moderator, elected for a 3-year terms, not only presides over TMs, but also appoints members of the Advisory Committee and various other committees.)

Brookline’s Selectmen serve part-time whereas Newton’s mayor is a full time position. In recent years many of Brookline’s Selectmen have been practicing attorneys, some with their law practices centered in Brookline. Newton Mayor Cohen, an attorney, presumably does not engage in the practice of law while so serving.

Brookline’s Selectmen are compensated modestly, the Chair at $3,500 and the others at $2,500 annually. Brookline’s TMMs are unpaid. Brookline does have a Town Administration whose compensation is close to double that of Newton’s Mayor Cohen currently. The Town Administrator, appointed by the Selectmen, “ … functions as the Chief Administrative Officer … [and] … is responsible for administering policies established by Town Meeting and the selectmen, preparation and control of the annual budget, and preparation of the Capital Improvements Plan and other long-range planning instruments. The town administrator assists and advises the selectmen in determining policy, recommends the appointment of virtually all department heads, and provides for their supervision, annual evaluations, and facilitates coordination of efforts among all department.” [So described at Brookline’s website] The town administrator’s duties and responsibilities are significantly less than those of Newton’s mayor.

The salary for Newton’s mayor should be greater than $97,500 to attract qualified candidates. Three years ago Mayor Cohen had rejected a salary increase from $97,500 to $125,000 voted by the aldermen because of Newton’s fiscal situation. His recent request for such a raise suggested to some that he would not run for reelection in 2009. In fact, because of the negative response in the Newton community to this request, attributable to the escalating cost increases for the new high school and the $12 million override proposal to be voted on May 20th, Mayor Cohen withdrew his request and stated that he would not run for reelection.

Newton’s aldermen are not full-time. Their compensation is set at the rate of 10% each of the Mayor’s salary. The mix of 8 Ward and 16 at large aldermen can provide greater diversity of views than with Brookline’s more provincial TMMs elected from specific precincts.

Brookline adopted RPM in 1915, replacing open TM. Newton became a city in 1873. The only town in Massachusetts with a population greater than Brookline is Framingham (approximately 65,000), whereas many Massachusetts cities have populations significantly less than Brookline.

Newton as a city has its problems, as do many cities both larger and smaller. But Newton (as well as other cities) provides to its voters the opportunity to make its elected officials more accountable by means of elections than does Brookline with its RTM providing staggered terms for elected officials.

After 93 years of RTM, with many changing circumstances shouldn’t serious consideration be given to evaluating whether Brookline might change to a city form of governance? Brookline’s elected, as well as appointed, officials have not openly expressed interest in a serious discussion or debate on this subject perhaps because maintaining the status quo serves their interests. This suggests it is up to voters concerned with how Brookline is functioning in the 21st Century under RTM to raise their voices to at least start to engage in a discussion and discourse that may improve Brookline’s governance.