Article 3: The City Manager's Role in Worcester’s Governance

This episode aired on 12/11/24 on WICN 90.5FM

Introduction:
This week on Public Hearing, we continue our journey through the Worcester City Charter, diving into the critical role of the city manager. As the unelected CEO of the city, the city manager oversees daily operations, manages city agencies, and wields significant influence over financial priorities and community representation. Join me, Joshua Croke, as we explore how this role shapes our city and what changes we might consider to promote equity and democracy.

Plus, a reflection on the closure of Redemption Rock Brewing and what it says about supporting small businesses in Worcester.

Key Topics Covered:

• A heartfelt reflection on the loss of Redemption Rock, a community-centered business, and what it reveals about the challenges small businesses face in creating equitable and sustainable operations.
• City Manager’s Appointment, Term, and Qualifications
• Power and Duties of the City Manager
• Appointments to Boards and Commissions
• Accountability and Transparency

Chapter Markers:

• [00:00:00] Introduction: Exploring Worcester’s City Charter and the City Manager’s role
• [00:01:42] Redemption Rock Brewing Closure
• [00:05:12] The Unelected CEO
• [00:11:17] Budgeting Power: Worcester’s FY25 budget and the city manager’s financial influence
• [00:18:14] Appointments and Boards
• [00:24:11] Evaluations and Accountability
• [00:26:35] Acting City Manager

As we continue to unpack the City Charter, it’s clear that the city manager’s role holds immense power in shaping Worcester’s policies and priorities. Whether it’s the budget, community appointments, or accountability, we must ask if our systems reflect our values of equity and inclusivity—or if it’s time for change.

Tune in, reflect, and take action! You can listen 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.

Citations:

1. Link to the Worcester Home Rule Charter
2. The Worcester Regional Research Bureau Breaking Down the Budget: City of Worcester for Fiscal Year 2025
3. Empowering Progress: Investing in Equity, Talent, and Culture — City of Worcester FY25 Annual Operating Budget
4. Worcester appoints permanent chief equity officer following long search (GBH)
5. City of Worcester Boards & Commissions

Transcript

PH009_Worcester-Charter_004_12.11.24

[00:00:00] ​

[00:00:00] Joshua Croke: Hello, Worcester in the world. You're listening to Public Hearing on WICN 90.5 FM or wherever you get your podcasts. I'm your host Joshua Croke. And over these past few weeks, we've been taking you on a journey through Worcester City Charter, the document that dictates how our city functions. Quick disclaimer, I am not a lawyer and nothing here should be taken as legal guidance.

[00:00:25] This series is about learning together and exploring how our city runs. 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.

[00:00:48] Speaking of WICN, I'm even more jazzed than usual to be airing public hearing for you tonight because it's WICN's 12 days of giving fund drive happening now through December 14th. If you enjoy the topics that we talk about and the music that you hear on WICN, we would be so grateful for your help right now.

[00:01:06] WICN has been the voice of arts and culture in Central Massachusetts for 55 years and counting. Thanks to listeners just like you. WICN doesn't exist without you. Your support is essential. By donating, you're not just keeping the music and conversations alive, you're helping to keep a vital cultural resource healthy for this entire community.

[00:01:25] If you're listening now and haven't donated yet, know this. Your gift has an instant impact. Please go to WICN. org right now and pledge your support. There is no better time to give than during these 12 days of giving. 

[00:01:39] You are listening to Public Hearing. Let's jump in. 

[00:01:42] Okay, Before we jump into Article 3 of the Worcester Charter, I need to take some space to talk about a huge loss to the Worcester business community.

[00:01:51] Redemption Rock Brewing, which has been open almost six years, announced that they will be closing on Sunday, December 29th 2024 which is just in a few weeks. 

[00:02:02] If you know me, you know I have been a long standing patron since day one at Redemption Rock and they have been such a light an example for how businesses really build relationships and with and alongside community. I'm gonna want to come back to a deeper conversation about the impact that this has in the community and also the challenges that businesses face, especially small businesses in communities; not only in building a sustainable business, but an equity centered business. Redemption Rock kind of broke the mold from what a lot of traditional breweries or restaurants do by providing their staff salaries and benefits. They donated tips to local non profit organizations, pouring tens of thousands of dollars annually into organizations doing work on the ground in community, which was transformative for the organization that I run, Love Your Labels, Redemption Rock in their first year donated more money to our organization than we had in the bank account at the time, cause we were in our founding year as well.

[00:03:12] And so, it is such a massive loss and I'm mourning with and alongside the Redemption Rock team. And this has prompted a wider dialogue around the struggles and challenges that are facing small businesses and I think this is a really important time to inspect and consider that folks often will jump to like, oh they could have done this this and this better, this could have been improved, but I will say and I will come to bat for the team at redemption rock and what they have done to cultivate a supportive, loving community, and despite that, facing these significant challenges with, not just like the state of the economy, but thinking about how Worcester as a city shows up for its small business community and how we need to better support and think about if we are creating opportunities for businesses to not just be successful, but to thrive and not just to thrive for folks who are owners, but also the team that are there, right?

[00:04:13] What does pay equity look like in jobs that are, you know, connected to the service industry? Because a lot of times they are inequitable. And if businesses aren't able to survive without compromising those equity centered values in some way, we have a significant problem. 

[00:04:31] So if you have thoughts about not only the closure of Redemption Rock, but really how do we support an uplift, creating thriving, sustainable businesses where each individual owner and employee are benefiting from that business in a way that is life affirming based on like being able to be paid a living wage.

[00:04:52] Please let me know, reach out to us at queerforcities. com. 

[00:04:56] All right. So we have been peeling back the layers of the City Charter, exploring how it shapes our local government and impacts on our daily lives. So far, we've covered the City Council and how power and representation play out or don't play out under the charter.

[00:05:12] And now it's time to look at the other significant part of Worcester's government structure. The City Manager. Worcester operates under a council manager form of government, which we've talked about in the past, which makes the city manager, the unelected CEO of the city, which is hired by the council.

[00:05:29] Alright, Section 3. 1, Appointment, Term of Office, Qualifications. 

[00:05:34] So essentially, The city manager is appointed by the city council and is responsible for overseeing all city agencies, except for those specifically excluded, like the city clerk, city auditor, or officials elected by voters or appointed by the governor. So this role carries the critical responsibility of managing Worcester's day to day operations, ensuring policies set by the council are implemented and maintaining the administration of city departments to read from the charter itself, Section 318 appointment, the city council shall appoint a city manager who shall be sworn to To the faithful performance of his or her duties and who shall be the chief administrator and executive officer of the city responsible for the administration of all city agencies, whether established before the adoption of this charter or thereafter, except that of the city clerk, city auditor, city complaints officer, which there's the asterisk and the addendum that like, whoops, we scrapped that role back in the eighties or any other or any official appointed by the governor or anybody elected by the voters of the city.

[00:06:42] So that's essentially what I, I just talked about. Then it goes on section 3, 1, B and 3, 1, C is about term and qualifications. So the city manager serves under an employment agreement with the city council for a term that's not to exceed five years, though. They can be reappointed for successive terms.

[00:07:00] So to qualify, the city manager must be selected solely based on their administrative and executive expertise, so they don't need to be a Worcester resident at the time of their appointment. They are required to establish residency within six months. Additionally, no one over 70 or older can serve as the city manager, nor can any current city council member or anyone who has held elected office in Worcester or Worcester County in the past two years.

[00:07:28] So this section kind of underscores the rules. emphasis on professional experience over political affiliation, reflecting the council manager system's goal of like separating politics from administration. So, but whether this model works best for Worcester is something we keep coming back to and keep asking about as a question.

[00:07:48] And I want like considering appointment, term of office and qualifications for Worcester City Manager. There are some questions I think we should consider about how these structures might be adapted to promote equity and democracy in our local government. First, going back to appointment.

[00:08:05] Currently, the city manager is appointed by the city council with no direct input from residents. This process raises questions about accountability. Like, should residents have a greater say in who is selected as the chief executive officer of the city? For example, in a more Democratic approach, we might explore options like a participatory process where community members have an advisory role or even direct election of an executive leader.

[00:08:28] This could ensure that the person holding such significant power is more directly accountable to the public they serve. This also kind of is in alignment with some of the recommendations or considerations that I've made in past episodes about should we move to what is often referred to as a strong mayor system of government, where the mayor is the Chief Executive of the city as an elected position. 

[00:08:51] Okay. When it comes to the term of office. The current system allows the city manager to serve consecutive terms indefinitely, or until they're 70, I guess, as long as the city council continues to renew their contract. This has the potential to concentrate power over time, especially given the influence of a long serving city manager, and how that can shape policies, budgets, and appointments.

[00:09:15] To prevent this, we might consider implementing a term limit, or requiring periodic reviews with structured community input to ensure the leadership remains responsive to changing public needs and priorities. Lastly, I want to look at qualifications, so the charter emphasizes administrative and executive expertise, but it does not explicitly require the city manager to have lived experience or deep knowledge of Worcester's communities.

[00:09:41] This creates a dynamic where someone from outside the city or even the state could step into this critical role with. Out of full understanding of local issues, history, or community relationships. Should we require candidates to demonstrate a strong connection to the city or prioritize lived experience that reflects the diversity of Worcester's residents?

[00:10:00] And what about the prohibition on city council members or recent elected officials from serving as city manager? While that is intended to prevent conflicts of interest, it could unnecessarily exclude individuals. Who have deep rooted experience in Worcester's political and community landscape.

[00:10:19] Another consideration is, is just the fact that someone has experience in Worcester as a resident or someone who has worked at the city or been in community, does that make them qualified to hold the role of Chief Executive of the city. Do they have the administrative, executive expertise to really step into a role and be successful at such a crucial and critical position at really the top of our governmental hierarchy.

[00:10:52] Ultimately, these considerations come back to the broader question of who holds power in our city, and how we can structure governance in a way that is transparent, accountable, and inclusive. As Worcester continues to grow and change. Now is the time, arguably, we are past the time to think critically about whether our systems reflect our values of equity and democracy, or if it's time for some updates,\ 

[00:11:17] Section 3-2 Power and Duties.

[00:11:20] This one is fairly straightforward, but I'm going to read it word for word. The city manager shall have and possess and may exercise all the power, rights, and duties, other than legislative, commonly associated with municipal chief executive or administrative offices.

[00:11:35] The city manager shall be the chief administrative and executive officer of the city and shall be responsible to the city council for the proper administration of all city affairs properly entrusted to him or her by the, or them by the city council or under this charter, the powers and duties of the city manager shall include, but shall not be limited to the following one to act as chief conservator of the peace within the city.

[00:12:02] They shall have all the authority and power conferred upon a city manager under Section 42 of Chapter 33 of the General Laws. Two, to supervise the administration of the affairs of the city. Three, to ensure that within the city, the general laws and ordinances, resolutions, and regulations of the city council are faithfully executed. Four, to make sure such recommendations to the city council concerning the affairs of the city as they may deem necessary and desirable. Five, to make reports to the city council from time to time upon the affairs of the city. Six, to keep the city council fully advised of the city's financial condition and its future needs. And seven, to prepare and submit to the City Council budgets as required by General Law and Article 5 of this Charter. They may require the submission by all City agencies under their jurisdiction of detailed estimates of the full amounts necessary to meet their expenses for the next fiscal year pursuant to Section 31A of Chapter 44 of the General Laws.

[00:13:08] So, this is Josh jumping back in off book from the actual quotes in the Charter, but reviewing that section, I want to focus on two of the City Manager's key responsibilities. Preparing Worcester's budget and advising the Council on financial matters. These duties directly influence how resources are allocated and how effectively the City addresses its most pressing needs.

[00:13:30] So for Fiscal Year 25, FY25, Worcester's total budget stands at 893 million, which reflects a 3 percent increase from the previous year. Thank you and shout out, by the way, to the work of the Worcester Regional Research Bureau, and their Breaking Down the Budget Report, which I'm pulling this information from.

[00:13:50] So, of this budget, 60 percent is allocated to education, 195 million directed to city services, and 165 million covering fixed costs. The budget, which was titled, Empowering Progress, Investing in Equity, Talent, and Culture, demonstrates Worcester's commitment to equity. equity related initiatives, but also reveals some ongoing challenges.

[00:14:15] A positive step that I am eager to follow is the recent appointment of Kevin Lovaincy as Worcester's Chief Equity Officer after a two and a half year search, which has been heavily critiqued by members of the community, the media at the length of time that has passed in filling this vacancy. But Lovaincy brings extensive experience in diversity, equity, and inclusion, having most recently served in leadership roles at Quinsig Community College and the State Department of Health. His hiring is filling a very critical gap in city leadership and sets the stage for advancing initiatives like diversifying the municipal workforce, addressing pay equity, and ensuring fair access for diverse vendors.

[00:14:57] So I'm definitely gonna try and get Kevin to come on the show and talk about his vision and the work ahead. So stay tuned because he has a behemoth amount of work to do and I hope he feels that he has the resources and support necessary to substantively do that work. Still, equity gaps persist. So for example, despite the increased budget, the Worcester public schools faced a 22 million shortfall this year due to inflation, which resulted in the elimination of 355 positions which really highlights the tension between rising costs and the need to invest in critical public services and advocate not only locally but statewide and nationally for more money to go into our education system. Doing education and equity work specifically, I am very worried about the federal government's attempt at getting rid of the Department of Education that can have really significant consequences.

[00:15:58] Across the nation and even in places like Worcester, and especially in urban communities like Worcester that have high concentrations of BIPOC folks, of immigrant communities, of low income folks. These are the schools that need the most attention and funding to really create equity within what education folks have access to.

[00:16:24] And I could go down a whole rabbit hole about, but please, if you are not following what is going on in education locally, please get involved. Great organizations exist, like the Worcester Education Collaborative, who convene the Worcester Education Equity Roundtable, and they do forums and different events and activities to get community members more involved and aware of what is going on in education advocacy.

[00:16:53] So, meanwhile, the city manager's ability to prepare and submit the budget gives them substantial control over financial priorities, as the city council can only approve or reduce spending, not reallocate or increase it, which the city manager can do. This dynamic emphasizes the city manager's central role in shaping Worcester's financial landscape on a, maybe a little bit more brighter note.

[00:17:17] The city is making strategic investments, including 41. 25 million for school infrastructure projects and 1. 5 million for energy efficiency improvements. These initiatives show how budget planning can address long term community needs, but they depend on transparent processes and community accountability to ensure equitable outcomes.

[00:17:38] And these are things that we should be following more deeply and it's confusing and it's a lot and that's one of the reasons why we're doing this series is to hopefully make the way our city government functions a little less confusing. 

[00:17:51] So with these factors in mind, the city managers responsibilities around budgeting and financial reporting are super critical and very pivotal to how the city is resourced.

[00:18:04] So as residents, it is vital that we stay informed and advocate for a budget that not only meets financial goals, but reflects the needs and aspirations of Worcester's diverse communities.

[00:18:14] Alright, Section 3. 3 Appointments and Removals. I'm going to summarize this because it is a little bit long, so section three, three, a department heads, officers, and employees. The city manager has the authority to appoint and remove department heads, officers, and employees necessary for managing city agencies under their jurisdiction. These decisions are made with input from the city council and must be reported at the next council meeting.

[00:18:41] Additionally, the city manager can delegate power to appoint and remove subordinate staff to department heads within their agencies. All appointments must follow applicable state laws and prioritize candidates with relevant executive and administrative qualifications, as well as appropriate experience and training for the roles.

[00:19:00] 3. 3b is about boards and commissions. So I'm going to try and summarize this succinctly. So the city manager with council approval classifies boards and commissions into three categories. The first is executive. So. Executive set policy for city departments or act as city departments. So this, an example is like the airport commission or the board of health.

[00:19:22] The second is regulatory. So that focuses on administrative or adjudicatory functions such as policy enforcement and law application. So this is like the zoning board of appeals or the licensing commission. The third is advisory. So advisory provides information and recommendations to city agencies, the city manager, the city council, or the school committee. For example, an advisory committee on the status of women. 

[00:19:49] Appointment. So the city manager appoints members of executive and regulatory boards without requiring city council confirmation. Advisory board appointments require majority city council approval. Appointments must follow open and equitable procedures and involve.

[00:20:06] Recommendations from the Citizen Advisory Council, which I'm going to talk about in a second, though the city manager is not bound by their suggestions. So, yeah, we'll deal with that. 

[00:20:17] Terms. Members serve terms as defined by the Charter or applicable laws, limited to two consecutive full terms or a maximum of 10 years on the same board.

[00:20:27] Membership restrictions. To ensure diverse representation, limits are set on the number of members from the same district. So boards with up to five members, no more than one per district. Boards with six to ten members, no more than two per district. Boards with over ten members, no more than three per district.

[00:20:44] Eligibility, Members of regulatory or advisory boards must reside in their appointing district for at least one year prior to appointment. District residency is determined at the time of the most recent appointment and may continue if district boundaries change during their term. 

[00:21:01] So, Worcester's governance structure includes a wide range of boards and commissions that reflect the city's priorities and provide opportunities for residents to get involved in shaping their community. From the Zoning Board of Appeals, which makes critical decisions about land use, to the Commission on Latino Affairs and the Advisory Commission on LGBTQ Plus Affairs, these bodies play pivotal roles in addressing community needs and in advocating for the city. The city manager has a significant role in appointing members to these boards, particularly those with executive and regulatory powers, which raises important questions about transparency and equity in the selection process.

[00:21:41] For example, decisions made by the Conservation Commission directly affect how we protect green spaces. While the Worcester Arts Council ensures that cultural initiatives are accessible to all.

[00:21:51] So by learning about these boards and how appointments are made, you and other residents, residents can better understand your role in shaping Worcester's future and how you can advocate for or even join these important bodies themselves. And I will note, it is important to recognize that while the citizen advisory council, which I'm about to talk about, provides guidance to the city manager on who should be appointed, the city manager has final say of who is appointed to these boards and commissions, which let's inspect that.

[00:22:24] So speaking of Section 3-4 the citizen advisory council, this is also my summarative version and not a word for word retelling from the from the charter, but the citizen advisory council is a key body established to assist the city manager in making appointments to Worcester's Boards & Commissions.

[00:22:43] So here's an overview. Composition and Appointment. The Council consists of 11 members appointed by the City Manager and confirmed by a majority vote of the City Council. Members serve three year terms and are limited to two consecutive full terms. District representation to ensure geographic diversity, at least two members must reside in each of the city's five districts.

[00:23:06] Responsibilities. The council has a critical role in fostering transparency and inclusivity in city governance. They publicize vacancies on boards and commissions, recruit candidates and submit at least two nominees for every vacancy to the city manager.

[00:23:20] Importantly, they prioritize seeking applicants from underrepresented groups and ensure fair Consideration of all community members or seek to ensure this council aims to create a more equitable and representative process for city appointments, ensuring diverse voices are including and shaping Worcester's future.

[00:23:39] But reminder that these are considerations and not these are who should be placed, city manager, please do your part to ensure that. If the city manager says, no, I don't like these recommendations. That person can say no and sit whoever they want. So. Yeah, anyways. 

[00:23:58] Section 3 6, compensation.

[00:24:00] The city manager shall receive such compensation as the city council shall fix by ordinance. We talked about compensation and salaries last time, we might dive more into this in the future. 

[00:24:11] Section 3 7 is evaluation. So, Section 3 7 mandates the City Council conduct an annual review and evaluation of the City Manager's professional competence and job performance. This process must occur in an open session, ensuring public transparency, except in cases where confidentiality is legally required under Section 23b of Chapter 39 of the General Laws. So, while, this is Josh here, kind of critiquing this, while the annual evaluation is and should be a critical mechanism for accountability.

[00:24:44] The provision here lacks detail on how the evaluation should be structured, measured, or what criteria should guide the assessment. And without standardized frameworks or some type of guide, the process risks being inconsistent, subjective, or influenced by political dynamics within the council. So we'll have to dive more into that in a and how the city council does that another time.

[00:25:06] But additionally, like while conducting the review in an open session promotes transparency, maybe something to consider. It could discourage candid discussions about performance issues or sensitive matters sometimes. So think about how do we balance transparency with the ability to provide constructive and honest feedback to someone like the city manager and how that could be enhanced by combining maybe public sessions with private legally permissible discussions. Food for food for thought Removal.

[00:25:37] Okay, so we're running out of time here, but I'm gonna fly through the last two sections here. 

[00:25:43] Removal. It outlines the process for removing the city manager before the end of their contract term the city manager Can request a written statement detailing the reasons for their removal and be given the opportunity for a public hearing before the city council During this process the city council has the authority to suspend the city manager from office. Ultimately, it's the council's decision to suspend or remove the manager Emphasizing that the council has full responsibility and authority in such matters however, the charter from what I've seen so far does not explicitly detail the specific process for the city council to initiate a removal of the city manager. So we'll have to come back to that. 

[00:26:21] Section three, nine acting city manager, acting city manager, outlines the procedures for appointing an acting city manager in cases of temporary absences, suspension, or vacancy in the position. That's all I'm going to say on that piece. 

[00:26:35] So quickly before we go? Did you know that 90. 5 WICN is the most listened to music station in Worcester? It's true. WICN has been the voice of arts and culture for over five decades. Think about the artists you've discovered, the interviews you've been inspired by and the moments of joy and special meaning the music and conversations you hear on WICN has brought you this doesn't happen by accident. It happens because of listeners like you and your gift right now makes a real difference helping us bring you the music you love, support emerging artists, and celebrating the vibrant culture of central Massachusetts, whether it's a monthly gift of $7 or a one time gift of $50, your support is crucial. 

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[00:27:31] That's our show. You've been listening to Public Hearing, a show about the second largest city in New England, Worcester, Mass; we're a real ass city where we have. Interesting and timely conversations about issues that impact our community. I'm Joshua Croke, the creator and host of Public Hearing. Our audio producer is Giuliano D'Orazio. You can learn more about and follow Public Hearing and other projects at queerforcities. com.