Class Note for POLISCI 317 at UMass
Class Note for POLISCI 317 at UMass
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Date Created: 02/06/15
MA Politics 3242010 74000 PM MA politics Director Mike Sullivan guest speaker 324 campaign nance two goals education disclosure never speaks to media 0 you leak you leave can t work with coworkers you re gone they don t need you citizens united case 0 citizens united vs fbc how much do you need to raise in order to win 0 no idea 0 studies done for how much it might cost in order to do run 0 they track it all but it doesn t really mean anything you win by being personable and meeting people there s too many variables in order to win 0 need money 0 need to know people administer and follow rules apply the rules 0 he s a referee to what goes on your name and my name in the same paper story is never good 32910 Dan Bosley running for sheriff in Berkshire county been on budget committees about a billion short on the budget which is why gambling is an option Gambling studied gambling went around the country to study it believed shouldn t have it in Massachusetts we are losing money to Connecticut due to gambling studied costs and benefits to gambling in 1996 and continues to update that environmental consequences to any big business Indian Gaming Act high rollers are more wealthy and the average person in the casino are mainly poorer low income people racinos dog races slot machines at the race tracks everything is short term have to think more for long term short term long term 0 short term have to do things better 0 long term need to growjob base 0 more people paying taxes means more jobs 33 1 10 Stephen Bradley bay state health vice president of public affairs registered lobbyist healthcare 4510 state rep former selectmen vice chairman of ways and means committee Steve Kulik gambling and dog racing slot machines at race tracks ways and means committee prob 2 12 big issues that could change mass fundamental taX structure 0 people still feel they are overly taxed numbers don t fair that out 0 3rd highest taX burden on any individual in the 80s but now around the norm on taX burden taX per capita have been losing population due to taxes not as many employed 40 state senators l 60state reps 4710 top ranking governors 2007 1 MA 43 2 AL 7 41 2 MD 7 41 2 NJ 7 41 2 NY 7 41 Appointment Powers MA 35 in msiX major functional areas including corrections kl2 Ed Health Budget Power MA 3 3 governor has full responsibility legislature has unlimited Veto Power MA 5 Party Control MA 5 5 has substantial majority 75 or more in both houses of the legislature Informal Powers press speeches meetings Gee GawsPicturesFundraisers Patronage Projects and Money Elected Executive Positions Govemor 0 runs state 0 Deval Patrick Lt Governor assistant vice governor basically waits for gov to die Attorney General 0 Auditor top lawyer Coakley watch books of state DeNucci Secretary of the Commonwealth Treasurer run the elections licensing corporation licensing Galvin run the lottery money has patronage Cahill Of ce of Energy and Environmental AffairsiO ices Coastal zone management Div of conservation services MA Environmental Policy Act MA Environmental Trust Of ce of Geographic and Environmental Information MassGIS Of ce of PublicPrivate Partnerships Of ce of Law enforcement Of ce of Technical Assistance for Toxics Use Reduction Energy Resources AampF Agencies Appellate TaX Board Bureau of State Of ce buildings Civil Service Commission Dept of Revenue Developmental Disabilities Council Div of Administration Law Appels Div of Capital asset Management 0 George Fingold Library 0 Teachers Commission Dept of Education DOE o DOE is charged with the responsibility of ensuring improved teaching and learning in all the Commonwealth s public schools 0 MCAS teachers school districts and superintendents Executive Office of Transportation EOT o EOT Agencies 0 MA aeronautics commission MA Highway Dept Registry of Motor Vehicles HiRide Commuter Bus MA Bay Transport Authority 0 O O 0 Executive Office of Public Safety EOPS o Parole Board 0 Criminal History Systems Board 0 Dept of Correction 0 Dept of Fire Safety 0 Dept of Public Safety 0 Dept of State Police 0 MEMAemergency management 0 Merit Rating Board Executive of ce of Health and Human Services EOHHS 0 Licensing of agencies for elderly etc 0 Dept of Elderly Affairs 0 Dept of Mental Health 0 Dept of Mental Retardation 0 Dept of Public Health 0 Dept of Social Services 0 Dept of Transitional Assistance 0 Dept of Veteran s Services 0 Dept of Youth Services o Div of Health Care Finance and Policy 0 MA Commission for the Blind 0 MA Commission for the Deaf and Hard of Hearing 0 MA Rehabilitation Commission 0 MassHealth 0 Office for Refugees and Immigrants 0 Soldiers Home in Chelsea and Holyoke Executive office of housing and Economic Development 0 Dept of Housing and Community development 0 MA permit Regulatory Office 0 Dept of Business and technology 0 Dept of Consumer Affairs and Business Regulation Department of Early Education and Care 0 Early Education 0 Child Care 0 Designed to Unify the Two Governor Patrick s Reorganization 0 Governor Patrick s reorganization of the executive branch took effect on April 11m 2007 0 Some changes to the Energy and Environmental Affairs EOHHS eX Office of Labor and Workforce development Money doesn t win elections Not having money does lose elections Governor Political Time 0 crisis 0 other opportunities 0 new revenues 0 new technologies 0 changing public attitude Person inside or outside 0 personality and experience 0 personality I localized personality I broadcast personality I use of power personality I charisma forget about the person and think about the time Goals for governor policy change fun career 0 good career move inertia 0 energy most governors have a big ego Action Getting Things Done Person Schedule Staff 0 Bureaucracy Media Strategy Elite Relations Massachusetts Judiciary Least Dangerous Branch Least understood Especially state courts 0 Buticourts touch us as much as any branch 0 Tocqueville and courts I Both lawyers and juries are a fundamental support of US democracy o Juries 0 Federal and State Levels Appellate Two distinct systems Most laws are state laws Most criminal law especially 1993 7 1000000 case 0 MA 7 27 thousand 7 2 federal Originial Jurisdiction Appellate Jurisdiction 0 Civil between citizens 0 Criminal brought by state Law Only 0 Just being unhappy with the decision isn t a grounds for appeal Settling 7jury Cases 84 of all criminal cases settled prior to trial Seven Mass Court Departments The Boston Municipal Court The District Court The Housing Court The Juvenile Court The Probate and Family Court 0 Divorce 0 Wills The Superior Court 0 Difficult cases more difficult then district The Land Court Administration 0 Administrative Justices became responsible for the Administration of each court department After 1978 the judges of all departments received the same salary and bene ts from the state and all became state judges C379 1996 o The structure of the Trial Court remained the saem 0 Seven departments 0 Each with a chief justice rather than an Administrative Justice 0 A central office headed by a judge to be known thenceforth as the Chief Justice for Administration and Management Judges 0 Trial judges sit in more than one hundred thirty locations across the state The trial OCurt employs more than 7000 people The Boston Municipal Court 0 Criminal jurisdiction includes most criminal offenses which do not require the imposition of a state prison sentence 0 If a prison sentence is mandated the court may conduct probably cause hearings to determine whether offenses will be bound over to the Superior Court 0 The court has original jurisdiction over a number of serious felonies concurrent with the superior court The District Court 0 This court hears a wide range of criminal civil housing juvenile mental health and other types of cases 0 District court criminal jurisdiction extends to all felonies punishable by a sentence up to five years and many other specific felonies with greater potential penalties all misdemeanors and all violations of city and town ordinances and bylaws The Superior Court 0 The superior court has original jurisdiction in civil actions over 25000 and in matters where equitable relief is sought It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought and has exclusive authority to convene medical malpractice tribunals o The court has exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes It has jurisdiction over all felony matters although it shares jurisdiction over crimes where other trial court The Housing Court 0 The housing court has jurisdiction of the use of any real property and activities conducted thereon as such use affects the health welfare and safety of any resident occupant user or member of the general public and which is subject to regulation by local cities and towns under the state building code state specialized codes state sanitary code and other applicable statues and ordinances The Juvenile Court 0 The juvenile court department has general jurisdiction over delinquency children in need of services CHNS care and protection petitions adult contributing to a delinquency of a minor cases adoption guardianship termination of parental rights proceedings and youthful offender cases 0 The court reorganization act authorized the establishment of a statewide juvenile court There are eleven divisions of the juvenile court with sessions in more than forty locations The names and territorial jurisdictions are contained in GL c218 s57 The Land Court 0 The land court has statewide jurisdiction 0 Boundary issues The Family and Probate court 0 The Probate and Family Court has jurisdiction over family matters such as divorce paternity child support custody visitation adoption termination of parental rights and abuse prevention 0 Probate matters include jurisdiction over wills administrations guardianships conservatorships and change of name Tenure 0 Good behavior 0 Mandatory retirement at 70 Removal 0 The commission on judicial conduct investigates complaints of judicial misconduct 0 Following a formal hearing the commission may recommend to the supreme judicial court removal retirement or reprimand of a judge o The governor with consent of the govemor s council may remove judges upon the joint address of both houses of the general court The governor with consent of the govemor s council may also retire judges because of advanced age or mental or physical disability 0 Judges may be impeached by the house of representatives and convicted by the senate Appoint a judge Judicial nominating committees JN C 0 Currently ruled by exec Order 447 o Govems process what an individual must follow in order to become a judge Currently 411 judges in MA7 supreme court justices 379 justices superior and district court nominating commission identi es candidates and asks for applications to recommend to the governor for appointments number of rules that protect commissioners from in uence cannot be lobbyists legislators or family members cannot fundraise and not allowed to accept a position on the bench for 2 years after their service minimum of 15 years in the court system commissioners and applicants bound by strict code of conduct governors council 0 executive council 0 best people around the gov to advise him 0 check nominees for judicial appointments Final 8am may 10 tomp 102 proposition 2 12 chapters 34 Rosenberg 42810 Initiative and Referendum Concepts and Process 07 05 Constitutional Amendment revise constitutional amendment process 10 then direct 07 06 and 07 initiative for an act to protect greyhounds Version A and B 0708 constitutional amendment to vote to delegate their powers concerning international affairs to a democratically elected legislative body of a global federal union of democratic nations 4 types 0 4 types of petitions which may be used to place questions on the ballot o initiative petition for a law 0 initiative petition for a constitutional amendment 0 referendum petition 0 public policy petition what is it 0 Initiative and referendum often used interchangeably o Initiativeprocess by which citizens can directly pass laws through a process of signature gathering and voting 0 Referendum 3rocess by which citizens can repeal current law through a process of signature gathering and voting 0 Versions around for small political entities for centuries 0 Modern version came from the Swiss 0 US experience mainly from progressives 0 First state was south Dakota in 1898 o By 1918 24 states had adopted its use Use of initiative 0 Initially used fairly frequently 0 Use faded from about 1930 until 1978 o 1978califomia prop 13 o 199866 times in states 0 200678 times in states32 passed 0 since 2000 used 301 times 127 passed 0 in 1998 250 million raised and spent Use in MA 0 1920first initative passed in MA 0 of course it was about beer 0 big ones 0 prop 2 12 1980 0 campaign finance 1998 0 recent 0 eliminate income taX 40 yes 48 no 11 na 0 English language education Logistics 0 Requires modest amount of signatures to go up for vote 0 Signatures can be collected by anyone 0 Can pay to have signatures collected 0 No regulation of campaign nancesyou can donate and spend what you like no reporting Historytheory 0 Roots in small liberal government theory 0 People have control Critiques of initiative 0 People are not smart enough 0 People are not knowledgeable enough issues are complicated 0 Initiative is an elite system 0 Process is money driven o Threat to civil rights and liberties 0 Special interest process fake populism o Undermines republican form of government and deliberative process Border Critique 0 Not truly populist 0 Driven by individual and special interest 0 Undermines representative government 0 Undermines legislatures 0 Driven by small number of large donors Not truly populist o Rarely grassroots driven o Managed and lead by very small groups of people 0 Signature gathering core has little interest in the issue 0 Often on issues that are not an issue Undermines represnative government 0 Takes away and undermines representative processes 0 Minimizes public debate and discourse Start 0 First at least ten quali ed voters of the commonwealth are needed to draw up and sign the petition certi ed it Excluded subjects 0 The Constitution excludes subjects that relate to religion judges the courts particular localities of the commonwealth speci c appropriations and certain provisions of the state Constitution s Declaration of Rights Approval by AG 0 The Attorney General determines if a petition is acceptable 0 Then they prepare a fair and concise summary and iretums this summary and the proposed law to the petitioners o If the attorney general determines the petition relates to an excluded matter the petition is Budget Process Roles and Responsibilities 0 Budget calendar 0 Town manager amp Select board 0 Superintendent amp School Committees 0 Library Director amp trustees 0 Budget Coordinating group BCG 0 Joint Capital Planning Committee JCPC 0 Community Preservation Act Committee CPAC 0 Finance Committee 0 Town Meeting What is it 0 Initiative petition passed in MA in 1980 and implemented in 82 to limit property tax in any city or town 0 Limits property tax levy ceiling to 25 of full cash value of all taxable property of city or town 0 Property levy tax cannot increase more than 25 from year to year 0 Exceptions overrides New Growth Exclusions Levy s and New Growth 0 Levyrevenue a community can raise through real and personal property taxes 0 Levy limitrestriction on the amount of property taxes a community can levy o Levy ceiling 25 of the total full and fair cash value of all taxable real and personal property in the community 0 New growthincrease in tax base in a town which could include new housing business etc Exceptions override 0 Movement passed
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