01.09.25 CC Councilors College Drafting Legislation — File 25-0022

Drafting Municipal Legislation Step-by-step from idea to ordinance

The Legislative and Policy Analyst Role ● Full-time staff for the city council. ● Provides research and drafting support to councilors on legislative projects. ● Facilitates coordination, communication, and collaboration with staff points of contact for legislative projects and information requests.

Key Components of Effective Legislative Interventions ● Necessity ● Effectiveness ● Practicality ● Legality ● Equity Important note: If there are no satisfactory answers to the questions of necessity, effectiveness, practicality, legality, or equity, then legislative intervention is not the appropriate course of action.

Necessity ● What is the problem the intervention is meant to address? ● Is this specific intervention the action that needs to be taken to address the problem? ● If implemented perfectly, will this intervention resolve or mitigate the problem in a meaningful way? ● Are there negative externalities or unexpected consequences? ● Are there real and meaningful consequences for lack of adherence? Effectiveness

Practicality ● Does the city have the capacity to implement or enforce the legislative intervention? ● Is the intervention cost effective? ● Are there other interventions in progress or in development that will impede, or be duplicated or undermined by, a legislative intervention? ● Does the city have the legal authority to demand, regulate, or restrict behavior that causes the problem? ○ Does the city council? ● Is a challenge likely? ○ Is the intervention likely to survive a challenge? Legality

Equity ● Does the intervention have any form of disparate impact? Does it disadvantage a particular group? ● Is the applicability of the intervention predictable? ● Is it accessible? ● Does it have mechanisms in place to avoid disparate impact or bias in enforcement? ● Does it promote transparency, accountability, and fairness?

Hallmarks of Bad Legislation ● Unnecessary. ● Impractical or burdensome to implement. ● Inconsistent with existing laws. ● Unintelligible, ambiguous, or imprecise. ● Inaccessible or unpublished. ● Not fair, transparent, or promoting accountability. ● Costly or inefficient. ● Legally unsound.

Good Legislation in a Municipal Context Some things worth remembering ● Municipal legislation is subject to preemption by federal and state laws and regulations. ● Different municipalities, especially in different states, have different government structures and budgets. Because it can be done in one place does not guarantee it can be done here. ● Many of the tools at our disposal on the municipal level are substantially limited by the state legislature. ● The Massachusetts constitution forbids cities from taking action on certain issues without the approval of the legislature: ○ Regulation of elections ○ Levy, assessment, or collection of taxes ○ Borrowing money or pledging the city’s credit ○ Disposition of park land ○ Law governing civil relationships ○ Defining or providing for punishment of a felony, or imposing imprisonment as punishment for any offense

The Legislative Drafting Process Staff Engagement ● Identify staff stakeholders. ● Evaluate practicality, legality, and synergy with existing efforts. Language Production ● Produce language incorporating recommendations based on staff expertise. Idea Formulation ● Define problem, intervention, and goal. ● Conduct initial research. ● Consider potential issues. Ordainment ● Return to full council for final discussion and vote. Committee Discussion ● Submit proposed ordinance and discuss in committee.

Variations on the Process While the above process makes specific mention of ordinances, the process for a councilor led zoning amendment or home rule petition (HRP) is similar. ● An HRP is a request that the state legislature permit a municipality to take action on an issue subject to preemption by state law or regulation, or specifically forbidden by the constitution (rent control, for instance). Rather than a vote on enrollment and ordainment, once approved and signed by the mayor the HRP is sent to the state house for action. ● Zoning generally follows the same path, with some slight specific variations. The following slide contains a flowchart for the process.

Questions?