| Massachusetts Governor's Council Executive Council | |
|---|---|
 | |
| Government of Massachusetts | |
| Type | Non-executive advisory body Advice and Consent |
| Reports to | Governor of Massachusetts |
| Residence | None official |
| Seat | State House,Boston, Massachusetts |
| Nominator | Nominating petition |
| Appointer | Popular vote |
| Term length | Two years, no term limits |
| Constituting instrument | Constitution of Massachusetts |
| Formation | Original Charter March 18, 1629 Modern Form October 25, 1780 |
| Website | https://www.mass.gov/orgs/governors-council |
TheMassachusetts Governor's Council (also known as theExecutive Council) is a governmental body that providesadvice and consent in certain matters – such as judicial nominations, pardons, and commutations – to theGovernor of Massachusetts. Councillors are elected by the general public and their duties are set forth in theMassachusetts Constitution.
The Governor's Council has gone through many different formations throughout its history, at times being simply a legal counsel, also serving as provincialmagistrates and judges, sometimes acting as an executive in the absence of a Governor, to serving as anupper house of theMassachusetts General Court (the state legislature). Whether going by the name of "Council of Assistants" or Governor's Council, the power of the council has ebbed and flowed; however, it has remained a mainstay inNew England politics from the earliest colonial days ofMassachusetts Bay.
Any person seeking to become a member of the Massachusetts Governor's Council must meet the following requirements:[1]
TheMassachusetts Bay Colony received its first royal charter in 1629, with the founding ofBoston, following the arrival in 1630 of GovernorJohn Winthrop and a fleet of principallyPuritan settlers. The colony's governance was based on this charter, which included the establishment of a "council of assistants." The assistants were a body ofmagistrates who not only decided judicial cases, but also played a role in the colony's lawmaking. The assistants were elected by the colony'sfreemen.
After the colony's original charter was revoked in 1684, there was the short-livedDominion of New England (1686-1689), which was succeeded in the territories of modern Massachusetts andMaine by theProvince of Massachusetts Bay. 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 theGreat and General Court.[2] 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. The Council also had authority over approving and accepting officer's commissions in themilitia.
Unlike with the previous charter for the Colony of Massachusetts Bay, the 1691Massachusetts Charter stripped the power of judicial ruling from the Council. The council would continue to "advise and consent"; however, they would no longer hear appeals. The appeals were to be administered by the local courts and any suit which was of significant sum, namely 300 Pounds sterling, would be moved to theKing's Privy Council. Other appointments were taken from the Council as well and given to the authority of the General Court.[3]
During theAmerican Revolution, the state government operated under theMassachusetts Charter of 1691 but did so without a governor. The council acted as theexecutive.[4] The modernConstitution of Massachusetts was adopted in 1780.
The Council is composed of eight councillors and the governor or lieutenant governor, who presides over the Council. The Massachusetts Constitution specifies that "the governor, and in his absence the lieutenant governor, shall be president of the council, but shall have no vote in council: and the lieutenant governor shall always be a member of the council except when the chair of the governor shall be vacant."[5]
The eight councillors are elected every two years, one for each of eight councillor districts; residency in the district is not a requirement. The council membership was originally nominated by the house of representatives and elected by the state senate. The state constitution upon the prompting of theAmerican Party (Know Nothings) in 1854 was changed[6] to make the council an elected position open to all state residents.[7] The Governor's Council districts changed over time and are now specially composed. Each district consists of the entirety of five contiguousMassachusetts Senate districts.
There are provisions in the Massachusetts Constitution for filling unexpected vacancies. If a seat on the Council becomes vacant, theGeneral Court may, by concurrent vote, select some person from the relevant councillor district to fill the opening.[8] If the General Court is not in session, the Governor may select the new councillor, with the advice and consent of the existing Council.
Current members are listed below.[9]
| District | Name | Party | Residence | Start | |
|---|---|---|---|---|---|
| 1st | Joseph Ferreira | Democratic | Swansea | January 8, 2015 | |
| 2nd | Tamisha Civil | Democratic | Stoughton | January 2, 2025 | |
| 3rd | Mara Dolan | Democratic | Concord | January 2, 2025 | |
| 4th | Chris Iannella | Democratic | Boston | January 7, 1993 | |
| 5th | Eunice Zeigler | Democratic | Methuen | January 2, 2025 | |
| 6th | Terrence Kennedy | Democratic | Lynnfield | January 6, 2011 | |
| 7th | Paul DePalo | Democratic | Worcester | January 7, 2021 | |
| 8th | Tara Jacobs | Democratic | North Adams | January 5, 2023 | |
The Council generally meets at noon on Wednesdays in itsState House Chamber, next to the Governor's Office. Pursuant to the Massachusetts Constitution, the Governor may, in general and at his or her discretion,from time to time assemble the Councilfor the ordering and directing the affairs of the commonwealth.[10] In addition, the Governor must seek the advice and consent of the Council with respect to nominations ofjudicial officers,[11] appointment and removal ofnotaries public andjustices of the peace,[12] issuance ofpardons andcommutations,[13] and payment of monies from the treasury.[14]
Annual compensation in 2016 was $36,025.[15]
The outside conduct of some councillors has drawn public scrutiny in recent years. Felony assault charges were dismissed in July 2008 against one councillor, Marilyn Devaney.[16] In the 2008 election, councillorKelly A. Timilty falsified the endorsement of the governor and later was fined.[17] The 2008 election generated higher than usual interest in Council seats,[18] but all of the incumbents were reelected.[19]
Originally, the Massachusetts Constitution placed the Governor's Council in the line of executive succession. If the offices ofGovernor andLieutenant Governor were both vacant, the Council would act as chief executive.[20] During the colonial period this occurred three times. Following statehood, it occurred only once. After the death of GovernorIncrease Sumner in 1799, Lieutenant GovernorMoses Gill became Acting Governor, and following his death in 1800 the council chaired byThomas Dawes succeeded to the governorship and councilor Decrease Winter succeeded to the office of lieutenant governor.
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.[21]
| Political offices | ||
|---|---|---|
| Preceded by William Stoughton (Acting Governor, died) | ActingGovernor of the Province of Massachusetts Bay July 10, 1701 – June 11, 1702 | Succeeded by |
| Preceded by Joseph Dudley (Commission expired) | ActingGovernor of the Province of Massachusetts Bay February 4, 1715 – March 21, 1715 | Succeeded by |
| Preceded by Spencer Phips (Acting Governor, died) | ActingGovernor of the Province of Massachusetts Bay April 5, 1757 – August 3, 1757 | Succeeded by |
| Preceded by Moses Gill (Acting Governor, died) | ActingGovernor of Massachusetts May 20, 1800 – May 30, 1800 | Succeeded by Caleb Strong (elected governor) |
