Massachusetts Governor's Council
Encyclopedia
| Massachusetts Governor's Council | |
|---|---|
| District | Councillor |
| First | Charles Oliver Cipollini |
| Second | Kelly A. Timilty |
| Third | Marilyn M. Petitto Devaney |
| Fourth | Christopher A. Iannella, Jr. |
| Fifth | Mary-Ellen Manning |
| Sixth | Terrence Kennedy |
| Seventh | Jennie Caissie |
| Eighth | Thomas Merrigan |
| Source: Massachusetts Government web site | |
The Massachusetts Governor's Council (also known as the Executive Council) is a governmental body that provides advice and consent
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
in certain matters such as judicial nominations, pardons, and commutations to the Governor of Massachusetts
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
. Councillors are elected by the general public and their duties are set forth in the Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
.
Historical precursors
The Massachusetts Bay ColonyMassachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
received its first royal charter in 1629, with the founding of Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
following the arrival in 1630 of Governor John Winthrop
John Winthrop
John Winthrop was a wealthy English Puritan lawyer, and one of the leading figures in the founding of the Massachusetts Bay Colony, the first major settlement in New England after Plymouth Colony. Winthrop led the first large wave of migrants from England in 1630, and served as governor for 12 of...
and a fleet of principally Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
settlers. The colony's governance was based on this charter, which included the establishment of a "council of assistants". The assistants were a body of magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s who not only decided judicial cases, but also played a role in the colony's lawmaking. The assistants were elected by the colony's freemen
Freeman (Colonial)
Freeman is a term which originated in 12th century Europe and is common as an English or American Colonial expression in Puritan times. In the Bay Colony, a man had to be a member of the Church to be a freeman. In Colonial Plymouth, a man did not need to be a member of the Church, but he had to be...
.
After the colony's original charter was revoked in 1684, there was the short-lived Dominion of New England
Dominion of New England
The Dominion of New England in America was an administrative union of English colonies in the New England region of North America. The dominion was ultimately a failure because the area it encompassed was too large for a single governor to manage...
(1686-1689), which was succeeded in the territories of modern Massachusetts and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
by the Province of Massachusetts Bay
Province of Massachusetts Bay
The Province of Massachusetts Bay was a crown colony in North America. It was chartered on October 7, 1691 by William and Mary, the joint monarchs of the kingdoms of England and Scotland...
. The charter for the province called for "eight and twenty assistants, or counsellors, to be advising and assisting to the governor" who were to be chosen annually by the Great and General Court. It further specified that the council was to assume the duties of the governor in the absence of both the royal governor and lieutenant governor (who were appointed by the crown), and enumerated some of the specific issues on which the council was to advise the governor. During the provincial period, the relationship between the governor and council was sometimes difficult, since the council represented colonial interests which diverged from the crown interests of the governor.
Composition
The eight councillors are elected every two years, one each from eight councillor districts. The Governor's Council districts are specially composed. Each district consists of the entirety of five contiguous Massachusetts Senate
Massachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...
districts.
There are provisions in the Massachusetts Constitution for filling unexpected vacancies. If a seat on the Council becomes vacant, the General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
may, by concurrent vote, select some person from the relevant councillor district to fill the opening. If the General Court is not in session, the Governor may select the new councillor, with the advice and consent of the existing Council.
Duties
The Council generally meets at noon on Wednesdays in its State HouseMassachusetts State House
The Massachusetts State House, also known as the Massachusetts Statehouse or the "New" State House, is the state capitol and house of government of the Commonwealth of Massachusetts. It is located in Boston in the neighborhood Beacon Hill...
Chamber, next to the Governor's Office. Pursuant to the Massachusetts Constitution, the Governor may, in general and at his discretion, from time to time assemble the Council for the ordering and directing the affairs of the commonwealth. In addition, the Governor must seek the advice and consent of the Council with respect to nominations of judicial officers
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, appointment and removal of notaries public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
and justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, issuance of pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s and commutations
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
, and payment of monies from the treasury.
Annual compensation in 2008 was $26,025.
The outside conduct of some councillors has drawn public scrutiny in recent years. Felony assault charges were dismissed in July 2008 against one councillor. In the 2008 election, councillor Kelly A. Timilty falsified the endorsement of the governor and later was fined. The 2008 election generated higher than usual interest in Council seats, but all of the incumbents were reelected.
Role in gubernatorial succession
Originally, the Massachusetts Constitution placed the Governor's Council in the line of executive succession. If the offices of GovernorGovernor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
and Lieutenant Governor
Lieutenant Governor of Massachusetts
The Lieutenant Governor of Massachusetts is the first in the line to discharge the powers and duties of the office of governor following the incapacitation of the Governor of Massachusetts...
were both vacant, the Council would act as chief executive. During the colonial period this occurred three times. Following statehood, it occurred only once. After the death of Governor Increase Sumner
Increase Sumner
Increase Sumner was an American politician from Massachusetts. He served as the fifth governor of Massachusetts from 1797 to 1799. Trained as a lawyer, he served in the provisional government of Massachusetts during the American Revolutionary War, and was elected to the Confederation Congress in...
in 1799, Lieutenant Governor Moses Gill
Moses Gill
Moses Gill was a Massachusetts politician who briefly served as Acting Governor of the state.-Life:He was a merchant living in Boston, until 1767, when he removed to Princeton, Massachusetts. In 1759 he married Sarah Prince, daughter to pastor Thomas Prince of Boston's Old South Church...
became Acting Governor, and following his death in 1800 the council chaired by Thomas Dawes
Thomas Dawes
Thomas Dawes was a Patriot who served as a Massachusetts militia colonel during the American Revolution and afterward assumed prominent positions in Massachusetts's government. His positions included state councilor, member of the Academy of Arts and Sciences, and representative in both the House...
succeeded to the governorship.
The constitutional line of succession was amended in 1918 to remove the Council and insert the "secretary, attorney-general, treasurer and receiver-general, and auditor," in that order.
External links
- Official site via Mass.gov