What exactly is a “charter”? In Massachusetts, a charter is the legal document that defines the structure of local government for a particular community and distributes powers, duties, and procedures to be followed. It is like a constitution for a town or city, providing a general, overarching framework for how its government should be organized.

Amherst’s charter is divided into 10 sections, or “articles” - each one is summarized below.

Article 1 is primarily a list of definitions used in the rest of the charter. It also says that Amherst will be called the “Town of Amherst,” despite being technically a “city;” according to Massachusetts law municipalities with a council are cities while those with town meeting are towns. 20 other Massachusetts towns do this, too.

Article 2 describes the legislative branch of the Town: our 13-member Town Council, with 3 Councilors-at-Large elected by all voters and 10 District Councilors elected by voters in districts, 2 from each district. The Council provides policy leadership for the Town, hires the Town Manager, confirms the Town Manager’s appointments of department heads and committee members, and adopts bylaws and other legislative measures. The Council directly appoints members of the Planning Board and Zoning Board of Appeals. The Council may investigate town affairs and agency performance in any areas other than those governed by the School Committees or Library Trustees. The Council may not give directions to town staff other than the Town Manager, and members may not hold other compensated Town positions. Council members serve 2-year terms and elect a President each year who prepares agendas, runs meetings, appoints Council committee members, and performs ceremonial functions. The Council must hold public forums each year on the master plan and the budget. District Councilors must hold at least 2 district meetings per year for two-way communication with constituents. Council meetings must have a public comment period.

Article 3 describes the executive branch, specifically the role of the Town Manager, who is appointed and annually evaluated by the Town Council. The Manager is the chief executive officer of the town and is responsible for managing town operations, implementing council policies and decisions, preparing the overall Town budget, overseeing town departments other than schools and library, ensuring public safety and administrative efficiency, and serving as the town’s liaison to regional entities. The Manager must have proven administrative experience, ideally as a town or city manager or in a similar role. The Manager appoints department heads and committee members (with Town Council approval) other than Planning Board and Zoning Board of Appeals, and has the authority to suspend or remove employees, other than those under the purview of the School Committees or Library Trustees. The Manager and the Council President make an annual State of the Town address, and the Manager participates in annual public forums on the budget, the master plan, and the schools. Article 3 also specifies the role of a Community Participation officer, to support participation in local government by the full range of residents.

Article 4 outlines the structure and procedures for other elected offices in the town, including the School Committee, Library Board of Trustees, Housing Authority, and the Oliver Smith Will Elector. Vacancies in these offices are filled through a special meeting of the Town Council and relevant boards. Compensation for elected offices is set in the annual budget and can only be adjusted with Town Council approval. Each body has defined powers and duties, including the appointment of officials (e.g., superintendent for the School Committee, library director for the Trustees), the establishment of policies, the approval of annual budgets for submission to the Town Manager, and the submission of annual reports to the Town Council. The School Committee must host one public forum on the schools each year. All School Committee and Library Trustees meetings must have a public comment period.

Article 5 outlines the financial policies and procedures for the Town, including the fiscal year, budget process, and capital planning. The Town Manager convenes a Budget Coordinating Group representing the Manager, the Council, the schools, and the libraries to develop budget guidelines and a calendar. A public forum on the budget is held before March 15 and before the budget is submitted to the Town Council. The schools and the library must submit their approved budget proposals to the Town Manager by April 1, and the Manager must submit the overall budget to the Council by May 1. The budget is reviewed by the Finance Committee (a subcommittee of the Council which may include non-voting community members as well). By state law, the Council can only reduce the budget proposal; it cannot increase the Manager’s budget unless the Manager agrees to propose that. The Council must adopt the budget by June 30. The Town Manager also prepares an annual capital inventory and a 5-year capital improvement plan, which is reviewed and adopted by the Town Council. An independent audit of the Town's finances must be conducted annually.

Article 6 outlines administrative organization procedures, focusing on reorganization, appointments, and the Board of License Commissioners. The Town Manager can propose a reorganization plan to the Town Council to restructure, consolidate, or create new agencies to improve town services. Plans must be reviewed by the Council, and become effective unless rejected. Town employee appointments and promotions shall be based on merit, with an emphasis on establishing policies and practices to actively encourage diverse applicants. Vacancies must be publicly announced for 14 days before a permanent appointment. The Board of License Commissioners, consisting of five members appointed by the Town Manager, regulates licenses related to alcoholic beverages and other town-regulated substances, with input from relevant town departments. The Board must also submit an annual report to the Town Council.

Article 7 describes the procedures for Town elections. Elections are held every odd-numbered year on the first Tuesday after the first Monday in November. All elections are non-partisan, with ballots excluding party designations. Candidates must gather signatures from voters to appear on the ballot, 25 for District Councilors and 50 for all town-wide offices. The town is divided into five districts, with boundaries adjusted every 10 years to maintain population balance. All candidates on the ballot may publish statements about their candidacy on the Town website under a process established by the Council.

Article 8 outlines mechanisms for public participation in local governance. Section 8.1 allows residents to request an open meeting on specific issues if 200 or more residents submit a written request to the Town Council, School Committee, or Library Trustees. Section 8.2 establishes the process for petitions, specifying that petitions signed by at least 150 voters require a public hearing by the Town Council. Section 8.3 outlines the initiative process, enabling residents to propose measures by filing a petition signed by at least 250 voters, with the Town Council required to act on the petition within 60 days. Section 8.4 describes the voter veto procedure, where a petition signed by 5% of registered voters can temporarily suspend a measure recently approved by the Town Council, allowing voters to decide on its repeal. Section 8.5 lists the types of measures exempt from the initiative or veto procedures, such as budgetary matters, personnel actions, and emergency measures. Section 8.6 allows the Town Council or relevant committees to submit matters directly to voters, including non-binding advisory questions. Finally, Section 8.7 stipulates that if conflicting measures pass in the same election, the one with the most votes takes effect.

Article 9 outlines general provisions related to the governance of the Town. It covers charter amendments and establishes a process for periodic reviews of the Charter and Town bylaws. It mandates the adoption of a master plan by the Council with public input and requires a new master plan every 20 years. It prohibits town employees from holding multiple full-time Town positions. It also defines procedures for the certification of elected or appointed members of committees and uniform rules for meetings, voting, and vacancies within those committees (other than Town Council, School Committee, or Library Trustees). Furthermore, it addresses the automatic removal of officials convicted of a felony while in office.

Article 10 mostly consists of details related to how the town would transition from its previous form of government to the current one. It also includes sections promoting ranked-choice voting and participatory budgeting and encouraging study of (a) creating an Americans with Disabilities coordinator position, (b) permitting non-citizens to vote and run in town elections, and (c) lowering the voting age for town elections.