Executive Summary

From the Dukes County Charter Study Commission - Final Report

After meeting in full session approximately forty times over a period of seventeen months, the 2006 Dukes Charter Study Commission recommended on May 1, 8, and 15, 2008 that:

  1. County government be retained.
  2. County Commissioners be elected at-large.
  3. Seven Commissioners, no more than two from a town, be the legislative branch of County government.
  4. The length of term for Commissioners be two years.
  5. The form of governance be the County Manager Form, as per Massachusetts General Laws (cited herein as “MGL”) ch. 34A §18.
  6. Special legislation be requested exempting Dukes County from the provisions in MGL ch. 34A §18, stating that the County Manager “shall serve for an indefinite term” and “that the position is and shall be a full-time position.”
  7. The new charter takes effect on January 1, 2009.
  8. The County Commissioners adopt an extensive set of administrative recommendations. These eight recommendations, made by super-majorities or unanimously, by those present and voting, reaffirm the findings of the 1990 Charter Commission in all respects except for the length of term of the Commissioners. The one change in the charter recommended by 2006 Charter Commission that will require voter approval is to reduce the term of office of County Commissioners from four-year, staggered terms to two-year, concurrent terms, thereby increasing the direct accountability of the County Commissioners to the voters.

The ballot question for the November 5, 2008 election will read:

Shall the County Manager Plan be adopted for Dukes County, with the provision for a board of commissioners of seven members for concurrent two-year terms and elected at large?”

Assuming the voters adopt the new charter, its provisions will be implemented on January 1, 2009. Three Commissioners will be elected for four-year terms in November 2008 under the provisions of the current charter. These three Commissioners will serve their four-year terms through 2012. Four Commissioners will be elected to two-year terms in November 2010. Therefore, beginning in January 2012, all seven seats on the County Commission will be elected every two years. Failure to approve the recommended change in the charter will leave the current charter in place with its four-year terms of office. The recommendation to seek special legislation exempting Dukes County from the provisions of MGL ch. 34A §18, has already been accepted by unanimous vote of the County Commissioners on May 7, 2008. This recommendation is independent of the outcome of the ballot question in November, and will be pursued by the County Commissioners with the Legislature

This Commission has also decided not to pursue the adoption of a custom charter for Dukes County, which was an available option, although some Commissioners felt a custom charter would better meet the needs of the County. The lengthy and cumbersome process of writing such a charter, and obtaining the necessary prior approval of the Legislature, would delay a vote on charter change until at least November 2010. Our elected state representatives also recommended against such a course of action.

The Charter Commission has opted for minimal change in the charter because in the course of its work it became apparent that governance structure was not the underlying cause of the problems that gave rise to the creation of the Commission. Issues relating to the actions of the County Commissioners, their relationships among themselves, with their appointees, the approach of County Managers to their positions, and poor public relations in general have in the aggregate been responsible for hindering relations with the towns, and the poor public perception of County government These issues do not lend themselves to easy solution through legislation or a restructuring of County governance. As a result, the Charter Commission has chosen instead to make a series of administrative recommendations designed to address the functions and functioning of the County. These recommendations are consistent with the provisions of MGL ch. 34A which allows a Charter Commission to make recommendations to improve the efficient and effective administration of the County.

The Charter Commission has approved an extensive set of non-binding administrative recommendations to be adopted by the Dukes County Commission as soon as possible. These recommendations address a large number of concerns that have been voiced by the public. They affect the County Commission’s accountability to the voters, its relationships with the various towns and other regional entities, county finances, the appointment process, and measures designed to broaden the availability of candidates for election as County Commissioners. Building on the decision to reduce County Commissioners’ terms of office to two concurrent years, the measures designed to improve the accountability of the County Commission to the voters call for a periodic review of the County Charter every eight years and clarify the provisions supporting the recall of a County Commissioner.

The Dukes County Commissioners are not bound by these recommendations. They may adopt them in whole or in part, regardless of whether the new charter is approved by voters. However, the current County Commissioners participated actively both in drafting the initial recommendations and in securing their approval by the full Charter Commission. As a result, these recommendations offer the promise of far more impact on the actual performance of County government than structural changes. The Commission is mindful of voices in the community calling for the abolishment of County government. As a result this option was studied in detail by a sub-committee, and was rejected by a near unanimous vote, twice, by the full Commission. Maintaining local control of considerable county assets, providing a ready mechanism for Island-wide cooperation to solve common problems, and strong recommendations against abolishment from our state representatives as well as from representatives of abolished counties, persuaded all but two Commissioners to oppose abolishment. The ultimate success the Charter Commission’s recommendations will be determined by the spirit, enthusiasm and competence with which they are implemented. These recommendations have the unanimous approval of all 7 current County Commissioners and the overwhelming endorsement of the full Charter Commission. However, for these recommendations to be truly effective, it will be the responsibility of the citizens of the County to approve the proposed charter revisions; to step forward and serve, where needed; and to hold the County’s elected representatives accountable for ensuring their full and complete implementation.