Article Two of the Charter: City Council with Joshua Croke

This episode aired on 11/20/24 on WICN 90.5FM

In this second installment of our City Charter series, we dive into Article 2 of Worcester’s Home Rule Charter, which outlines the structure and function of the City Council. This episode focuses on breaking down the roles, powers, and procedures of Worcester’s legislative branch and examining what changes might foster a more equitable and participatory local government.

We explore how the City Council is structured, the process for electing the mayor and vice-chair, the limits on council power, and the responsibilities of key officers elected by the council. Along the way, I hope to provide context for why understanding these governance details matters—especially for shaping the future of Worcester's democracy.

Key Topics

• Reflections Post-Election: Thoughts on navigating our collective challenges and the importance of local community.
• Quick Recap of Article One: Overview of Worcester’s governance structure and powers from the first episode.
• Composition of the City Council: Explaining the mix of district and at-large councilors and their legislative powers.
• Selection of the Mayor and Vice-Chair: How Worcester’s unique process ties mayoral and council elections, and what alternative models could look like.
• Prohibitions on Council Power: Understanding the boundaries between council oversight and city manager operations.
• Salaries and Budgets: Highlighting the structural inequities in funding for council operations versus city manager resources.
• Key Officers Elected by the Council: The city clerk, city auditor, and the now-removed citizen complaints officer.
• Preview of Next Episode: A dive into council salaries and their implications for equity and democratic representation.

Chapter Markers

• [00:00:00] – Introduction and Land Acknowledgment
• [00:01:46] – Reflecting on Post-Election Challenges
• [00:02:30] – Overview of Article Two: City Council
• [00:04:10] – Section 2-1: Composition and Representation
• [00:05:08] – Section 2-1: Term of Office and Eligibility
• [00:06:17] – Section 2-2: Selection of the Mayor and Vice-Chair
• [00:09:25] – Recommendations for Mayoral Elections and Equity
• [00:14:29] – Section 2-3: Prohibitions on Council Influence
• [00:15:59] – Section 2-4: Council Salaries and Financial Equity
• [00:16:42] – Section 2-5: General Powers of the Council
• [00:17:35] – Section 2-6: Quorum, Procedures, and Voting Rules
• [00:22:25] – Section 2-7: Access to Information
• [00:23:13] – Section 2-8: Officers Elected by the Council
• [00:25:32] – Preview of Council Salaries Discussion

Join me as we get below the surface of the charter and explore how it shapes our city’s leadership and priorities. Whether you're new to local governance or a charter aficionado, there’s something here for everyone curious about building a stronger, more inclusive Worcester.

Tune in to Public Hearing every Wednesday at 6 PM on WICN 90.5 FM or wherever you get your podcasts. What do you want to hear on the show? Reach out at QueerForCities.com! 

Learn more and follow at QueerForCities.com/PublicHearing

Created & Hosted by Joshua Croke.
Our Audio Producer is Giuliano D'Orazio.

Available anywhere you listen to podcasts.

Transcript

PH006_Charter-Series_002_11.20.24

[00:00:00] Joshua Croke: Hello, Worcester in the world. You're listening to Public Hearing. I'm your host, Joshua Kroch, and we're taking you on a journey through Worcester's City Charter, the document that governs how our city operates. Quick disclaimer, I am not a lawyer and nothing here should be taken as legal guidance.

[00:00:16] This series is all about learning together and exploring how our city functions. Also, the views and opinions on public hearing do not reflect any official positions of WICN or its affiliates. I also want to acknowledge that what we now call Worcester sits on the unceded land of the Nipmuc Nation, a people with a rich heritage in this area that spans thousands of years and who continue to be present in this region today.

[00:00:40] This is our second episode of our city charter review and the first episode since the election and I'm not gonna get too into how I'm feeling, how many of us are feeling about the outcome of this past election and what is to come come January 20th. But what I will say is that now more than ever, local community is so critical and how we hold each other, how our community holds us can get us through any storm, I guess and not all of us will get through it And I want to just be very real with the realities of what we're facing and not sugarcoat the fear that folks have the frustration the resentment the challenged relationships that have come out of this. So, if you are feeling the weight of the world, I just want to Say that I empathize with you. I feel where you are. I am where you are, and we can get through this together. 

[00:01:46] All right. Jumping in after that heaviness to something that feels a little bit more tangible and something that maybe we have a little bit more control over is local issues. So, we reviewed article one, which kind of kicks off the charter and says a little bit about what the City of Worcester is, how it's a legal entity, how it is governed by laws of the state and the federal government, but has its own powers and ability to form and function the way that it wants as long as it's not offending those other hierarchical governing laws and documents that sit above it. 

[00:02:30] Article two is about the city council and I hope for folks who tuned in last week, it was not wildly boring to sit and listen to me read word for word every article or sub article of the charter. 

[00:02:43] So, this week I am not going to read word for word every article and section in article two. There are 10 sections within article two talking about the function and structure of the city council.

[00:02:57] Some of which I think is just going to be benefited by me summarizing this. I'm going to start including a link to the charter in the show notes. So, if you want to follow along, if you are a massive nerd, and that's like what you want to do be my guest. And if you are doing that, please reach out to me and be like, this is what I'm thinking about these things, because I'd love to hear what's resonating with folks.

[00:03:21] You can send us some thoughts, comments, questions, concerns at queerforcities.com/publichearing. 

[00:03:28] All right, let's jump in. So section two, one composition, term of office, Legislative powers. So section 2 1 A is Composition. There shall be a city council of 11 members which shall exercise the legislative powers of the city. Six of those members must be known as councillors at large, shall be nominated and elected by and from the voters at large. Five of these members will be known as district councillors, shall be nominated and elected by and from the voters of each district, one such district councillor to be elected from each of the five council districts into which the city is divided in accordance with Section 7 6 of this Charter.

[00:04:10] So, essentially, Worcester City Council has 11 members who make the city's laws and policies. This is the legislative branch that we talked about last week. Six of these members are councillors at large, meaning voters across the entire city elect them and they are there to represent the entire city. The other five are district councillors, each elected only by voters in one of the city's five districts.

[00:04:34] This setup seeks to ensure a mix of citywide and neighborhood focused representation in the council. 

[00:04:40] 21B, Term of Office. City Councilors shall be elected for terms of two years each beginning on the first secular day of January in the year following their election and shall serve until their successors are qualified. Fancy way of saying city councilors serve two year terms starting on the first business day of January after their election They stay in office until the next person elected for their seat is ready to take over 

[00:05:08] Item C eligibility Any voter shall be eligible to hold the office of councilor at large, provided, however, that he slash she shall have resided in the city for a period of at least one year.

[00:05:21] So, you gotta be a city resident for at least one year. A district councilor, essentially the same thing, shall at the time of his slash her election, or their election, be a voter of the district from which he slash she is elected, and shall have resided therein for a period of at least one year. If any such district councilor shall, during the term for which I'm just gonna say they were elected removed to another district in the city or be so removed by a revision of district lines, such counselor may continue to serve for the balance of their term for which they were elected. 

[00:05:56] All right. Legislative powers. I'm just going to summarize this one. This one essentially says that the city council holds all legislative power for the city, meaning they create laws and policies except for specific powers. And this is mentioned in this item, "except for specific powers given directly to the school committee or to the voters through this charter." 

[00:06:17] All right. We're cruising folks. Section two, two organization mayor. I went on a little bit of a tangent about the mayor position last week, I think. So we're going to get into that even more.

[00:06:31] So section two, two item a organization, "the city council elected as aforesaid said shall meet on the first secular day of January." Okay, I'm gonna summarize this one So essentially after every election the City Council meets on the first non holiday day in January again first business day in January to officially start its term. Each member swears an oath to fulfill their duties This setup happens even if some members are absent or haven't taken office yet as long as a majority is present Until the mayor or vice chair is ready, the city clerk temporarily leads or chairs the meeting.

[00:07:08] So item B is about the selection of the mayor and the vice chair and I'm going to summarize this as well. And I'll quote from a portion of this that says, "the candidate elected to the office of counselor at large and receiving the highest number of votes for the office of mayor shall be mayor and the candidate elected to the office of counselor at large and receiving the next highest number of votes for the office of mayor shall be vice chair of the city council." 

[00:07:35] So in Worcester, all candidates for counselor at large are also listed on the ballot for mayor. The at large candidate with the most mayoral votes becomes mayor. And the runner up becomes vice chair of the council. If a candidate wants to only run for councillor at large and not mayor, they can opt out, but the next highest vote getter doesn't automatically take their place on the mayoral ballot. So essentially like if you wanted to run for city councillor at large and you're like, my friend is also running for at large but they're also running for mayor I don't want to compete with them for mayor because I feel like they would be like An awesome mayor, that's not the role that I'm looking for. You can opt out, but you have to like actually like go opt out of being on the ballot for mayor. 

[00:08:20] A different and more well known model for these elections is direct election of the mayor, which is a separate ballot or a different selection process for the mayor as opposed to the city council.

[00:08:32] So. In many cities, the mayoral election is separate from council races. Voters directly elect a mayor, and their vote is not tied to council seats. This approach allows voters to focus on candidates executive vision for the city, independently of their role on the council. So, for example, in cities like Boston and New York City, the mayor is elected separately and serves as the city's chief executive with distinct powers from the council. So this is also going back to what we talked about in episode one, how the City of Worcester has what some refer to as a weak mayor system, which means in large part the mayor is a ceremonial position. The city manager acts as our CEO of the city, which is an unelected leadership role that has by and large the most power and influence in how the city operates functions, et cetera. 

[00:09:25] So some other models have also done like a combination of mayoral voting and council voting power. So in places where mayors serve dual roles on the council, their position often includes tie breaking authority or limited veto power. In these cases, the position is generally elected separately, and the mayor has additional duties. For example, like I believe Cambridge, the mayor is chosen by the city council, but also serves on the school committee, linking governance across branches. 

[00:09:55] From my understanding in Worcester, the mayor does not have these extended powers or more significant powers like limited veto power, so I'd like to put forward a consideration for folks as this charter series is in part prompted by a desire to ask the question, do we need to embark on a charter change? And related to this specifically, for a more equitable and democratic approach to selecting a mayor, municipalities could consider, Worcester, you could consider the following recommendations;

[00:10:30] District and at large council representation with an independently elected mayor. So maintaining a council with both district and at large seats while electing the mayor Independently could allow for a geographic diversity in the council while ensuring that the mayor is chosen based on citywide priorities. This structure avoids potential conflicts from councillor mayor dual roles and reflects diverse constituencies across neighborhoods.

[00:10:56] Considering equity in this, directly electing the mayor, again, independently from the council, increases voter input and ensures the mayor represents the entire city, not just the top vote getting councilor. It reduces the concentration of power and allows for a clearer separation of legislative and executive functions.

[00:11:15] This, again, is if the mayor is serving as the executive of the city, which would require some charter change here. 

[00:11:23] Direct mayoral election with ranked choice voting. If you know me and have had a conversation about things like, "what can we do better in this city? What can we advocate for?" I will say ranked choice voting. Rank choice voting gives voters the power to rank candidates by preference, ensuring that the winner has broad support. This method encourages candidates to reach a majority rather than just plurality helping to prevent highly polarized outcomes.

[00:11:48] So when we're talking about equity, direct elections give citizens a direct say in their city's leadership. Ranked choice voting also reduces the likelihood of quote unquote spoiler candidates, increasing the chances for diverse candidates to succeed without splitting. So for example, if a bunch of progressives, three were running for mayor and there's only one far right conservative running there is the outcome where even though the popularity of those three progressive candidates might be higher, they split the resident vote and that fourth, far right conservative is the only one running with those views ends up winning the election. So ranked choice voting allows you to be like, I have a priority in one, two, and three of the progressive candidates, but I don't want to sacrifice that mayoral seat just because we can't agree on, you know, which of those three should actually be in the seat, right? So it allows folks to step into what they really want with more confidence and then also not feel that they're completely giving up their vote to a candidate who might be less popular or might be stepping into the race for the first time, et cetera.

[00:12:54] So I believe San Francisco and Minneapolis both use rank choice voting for mayoral elections, and it has led to broader representation and has also encouraged more diverse candidate pools. 

[00:13:07] There are also some other considerations that could be made, like a council elected mayor with staggered council terms; a hybrid council mayor system with a collaborative power structure; non partisan mayoral and council elections, which Worcester does have, we don't have parties defined on the ballot.

[00:13:26] So, these approaches can enhance democratic representation by ensuring broad support for mayors, balancing executive power, and increasing representation of diverse communities. Directly elected mayors with ranked choice voting, and maintaining both district and at large council representation, are particularly effective in larger cities.

[00:13:45] And what do I say all the time, folks? Worcester is the second largest city in New England. So, that could be particularly effective here. I think we should strongly encourage it. So while staggered terms and council elected mayors may suit smaller communities, where kind of community and council cohesion are really important.

[00:14:02] We have over 200, 000 residents in the city: ranked choice voting. Independent mayoral election at large council representation and district representation and consider moving from our city manager form of government so that the person who holds the most significant power and influence as the executor of the city is an elected position.

[00:14:24] All right, I gotta, gotta my ponytail out after that one. Where am I? 

[00:14:29] Section 2-3 Prohibitions. So I'm not going to read verbatim this section, but essentially prohibitions restrict the Worcester city council's influence over hiring and firing decisions in the parts of city operations managed by the city manager.

[00:14:48] This means that the council members can't order, suggest, or interfere in personnel matters under the city manager's authority. If they need information or want to discuss city services, they must go through the city manager rather than directly interacting with city employees. If a counselor tries to bypass this rule, they risk a $500 fine and could lose their seat on the council if convicted, reinforcing a boundary between council oversight and the day to day operations handled by the city manager.

[00:15:17] This separation is meant to keep the council focused on policy rather than administrative tasks and to prevent undue influence on hiring and firing within city departments.

[00:15:26] Section 2 4. Oh, here we go money, salaries so, I am gonna read this intro, "the mayor and the members of the City Council Shall receive for their services such salary as the City Council shall by ordinance determine, and they shall receive no other compensation from the city. No increase or reduction in the salaries of mayor or city council shall take effect during the year in which such increase or reduction is voted and no change in such salaries shall be made between the election of a new council and the qualification of the new council."

[00:15:59] Essentially, this is just saying Salaries sets the rules for how Worcester's mayor and city councilors are paid. Council determines salaries through an ordinance, but they cannot receive any additional compensation from the city. Importantly, if the council votes to change these salaries, the change doesn't take effect until the following year, and adjustments cannot be made right after an election and before the new council is sworn in.

[00:16:22] That's to ensure that salary adjustments are planned carefully and don't influence an immediate election cycle. 

[00:16:28]  Section 2-5. General Powers. "General powers gives the Worcester City Council broad authority over the city's, this is not quoted, I'm summarizing here broad authority over the city's power unless otherwise restricted by state law or the city charter."

[00:16:42] This means the council holds the main legislative responsibilities and is charged with fulfilling all legal duties required of the city. Essentially, the council serves as the primary decision making body for Worcester's local government. 

[00:16:55] Section 2-6. Exercise of powers, quorum, and rules. 

[00:17:01] Section 2-6(a), exercise of powers, and I'm quoting here, "except as otherwise provided by general law or by this charter, the legislative powers of the city council may be exercised as provided by ordinance or rule adopted by it." 

[00:17:17] So this clarifies that the city council can exercise its legislative powers through ordinance or rules it adopts unless restricted by state law or the city charter. In short, the council has flexibility in deciding how it carries out its legislative functions, as long as it aligns with existing laws and charter guidelines. 

[00:17:35] Related to quorum, I'm going to summarize here. Within the Worcester charter means that at least six city council members must be present to conduct official business. For any measure to pass, six members need to vote in favor. However, if the council just wants to adjourn a meeting, a simple majority of members present, even if fewer than six is enough. This recently happened for like the first time in a long time. There were, anti genocide protesters at the city council meeting asking for the city to consider an item that had been ignored by the city clerk, or I should say not included on the city council agenda by the city clerk, which led to a broader showing of support for that item to be addressed.

[00:18:20] And the city council, instead of addressing it and instead of continuing their meeting because of the protestor demonstration actually decided to adjourn the meeting effectively saying like protesters you you got us. If you want to read more and follow that story more specifically, I encourage you to read Bill Shaner's articles on his sub stack "Worcester Sucks" 

[00:18:43] All right. Item C, Rules of Procedure. "The City Council shall from time to time establish rules for its proceedings, which shall be made available to the public and the press. Such rules shall include and be subject to the following." 

[00:19:00] Alright, and then this goes into a bunch of things. So C has like a bunch of subsections. The first one is like regular and special meetings shall be held at a time and place fixed by ordinance. 

[00:19:11] The second item I'll summarize is related to like special meeting notice. So the mayor, vice chair, or any five council members can call a special meeting with 12 hours notice delivered directly to each counselor. However, for public transparency, 48 hours advance notice must be posted on the city bulletin board, except in emergencies. So the structure here provides individual authority, just to clarify to the mayor and the vice chair, each having the power to independently call a special meeting. For any other members of the city council to call a special meeting, it requires the collaboration of at least five counselors.

[00:19:48] So, this is supposed to offer flexibility for urgent or pressing issues, allowing the mayor vice chair to act swiftly if needed, while also enabling a broader group of council members to initiate a meeting collectively if they feel so moved. 

[00:20:02] Item three here essentially is talking about full council meetings. The council can meet anytime if all members are present and consent. So essentially they can do it whenever. 

[00:20:12] Item four is around open meetings. So all council meetings are open to the public and press except executive sessions permitted by law. 

[00:20:22] The fifth item here, "at any meeting of the city council, the citizens and employees of the city shall have a reasonable opportunity to be heard regarding any matter presently under consideration by the council."

[00:20:35] So citizens and city employees have the right to speak on matters under council consideration. So that's that whole thing where you're like, it is like a horrible process and we really need to reinvent the way we engage in public participation in the city of Worcester. If there's an item on the agenda that you want to speak to, you can prepare something and you have up to two minutes that you speak in front of the council. They kind of are like, yep, thanks, heard, and that is it. There's no dialogue. There's no back and forth. Public participation is broken in so many places. If you're interested in learning more about strengthening community engagement, public participation, reach out to me at josh@queerforcities.com because that's kind of my thing.

[00:21:18] Okay, so. we just talked about executive session. We just talked about public participation.

[00:21:24] Item six. "Every matter coming before the city council for action shall be put to a vote, the result of which shall be duly recorded." This goes on to talk about a The the voting and like records keeping. So, essentially all actions require a formal vote Recorded in full for significant expenditures or by member request a roll call vote is conducted a roll call vote being like every counselor says their vote yes, or no abstain, etc., and a complete journal of proceedings is kept by the city clerk accessible to the public shortly after each meeting.

[00:22:02] Item D specifies that if the mayor is there, they lead the meeting and have a vote like other council members. If the mayor is absent, the vice chair takes over as chair of the meeting. If both are absent, the council will select a temporary chair from among its members to lead for that session. This structure ensures continuity and order at each meeting with a clear line of succession for who presides. 

[00:22:25] Section 2-7. Is about access to information. So, I'll start with the quote here, and then I'm going to summarize: "the City Council may, at any time, request from the City Manager specific information on any municipal matter within its jurisdiction."

[00:22:42] It goes on to say that this section essentially allows the council to request specific details on city matters within its authority from the city manager who must respond in person or through a department head or board member within at least a week. This person will publicly answer only the questions provided in advance.

[00:23:01] The city manager can also voluntarily address the council on any topic. So it's essentially trying to foster transparency, open communication, blah, blah, blah, between city leadership and the council.

[00:23:13] Section 2-8, we are jumping right in. We are moving along. We have a few minutes left. I'm going to try and fly through this so we can get through article two, section two, eight officers elected by the council. So it highlights here, the city clerk, the city auditor and the citizen complaints department. 

[00:23:34] Essentially the city clerk. Is elected by a majority vote for a term of two years or a specified by law with the role continuing until a successor is chosen. The city clerk handles duties assigned by the council and any additional legal responsibilities serving as the official record keeper for council meetings. The clerk maintains accurate records. If the city clerk is absent or the position becomes vacant, the council appoints a temporary clerk to fill the role until the regular city clerk returns or a new clerk is elected.

[00:24:06] The city auditor is also elected by the city council by majority vote. They continue in this role until a successor is appointed. It's a two year term, blah, blah, blah. The auditor is responsible for overseeing the city's financial accounts, regularly auditing the records of all city departments and offices and performing additional duties assigned by the council or required by law.

[00:24:27] If the city auditor is absent or the role becomes vacant, the council, appoints a temporary auditor to serve until the regular auditor returns or a new one is elected. 

[00:24:38] The citizen complaints officer, so this was originally created and it was appointed by the council. The duties included managing citizen complaints, investigating issues, reporting findings to the council. The officer worked with the city manager and department heads to ensure cooperation. But on November 3rd, 1987, Worcester residents voted to remove this position from the charter. The amendment passed with 15, 641 votes in favor and 12, 663 against, formally eliminating the citizen complaints officer role from the city's governance structure I need to follow up on if there was like some type of different role that was made to serve this function underneath the city manager, but this sounds like a pretty important role for the legislative branch of our city government to have and yeah, I got questions.

[00:25:32] I got questions, Worcester. But that is all the time we have today. We did not get through the entire Article 2, but come back next week to hear us dive back in and finish with Section 2 9 and 2 10. I am also going to go on a tangent on a topic as quoted by an article in This Week in Worcester from June 2024 entitled "The Annual Underfunding of Worcester City Council." So we're going to talk actual dollars and cents. 

[00:26:01] For those who have listened to the show for a long time. Etel Haxhiaj was on the show and she brought forward that the budget is a moral document. How we spend our money shows exactly what we feel are actual priorities here in our city. So, if you want to listen to all those good things, come back. 

[00:26:20] You've been listening to Public Hearing on WICN. 90. 5 FM, Worcester's only NPR affiliate station, and wherever you get your podcasts-- we have interesting and timely conversations about issues that impact our community.

[00:26:33] I'm Joshua Croke, the creator and host of Public Hearing. Our audio producer is Giuliano D'Orazio. You can learn more and follow Public Hearing and other projects of Queer For Cities at QueerForCities.com