Statutory Review of
the Barnstable County Home Rule Charter

As stated in Section 9-4 of the Barnstable County Home Rule Charter, the Charter is required to be reviewed at least once in every five years for the purpose of determining if any amemdments or revisions may be necessary or desirable. The most recent review included language supporting the restructuring of this regional governemental body. The charter amendments, Ordinance 00-14 Barnstable County Home Rule Charter appeared on the November 7, 2000 ballot as question #9. Approved by the voters of Cape Cod, the amendments became effective immediately.

Article 10, Transitional Provisions and Article 11, Contingency Components, included in Ordinance 00-14, were not subject to the ballot question and will require additional legislative action. Please visit this website in the future as we follow the legislative action of the bill as the new legislative session gets underway.

Barnstable County Home Rule Charter was amended by voters on November 7, 2000.
Further proposed amendments to the Charter require legislative action. Presented by Representative Eric Turkington; a Petition of Shirley Gomes and other members of the General Court, known as House bill #3489 relative to the establishment of regional government for Cape Cod and Barnstable County, was heard at the Statehouse in Room A-2 on March 26, 2001 at 11:30 am. The bill was reported favorably by the Committee on Counties and has been referred to the Committee on House Ways & Means.

Senate Bill 143, entitled "An Act Relative to the Barnstable County Charter," was recently approved by the Joint Committee on Local Affairs and Regional Government. This proposed legislation would tranfer the office of the County Sheriff and the Barnstable County House of Correction over to the state, with all other County Offices remaining with the regional government, Barnstable County. For the text on Senate Bill 143, click here.

Revisions to the Barnstable County Home Rule Charter:

• Barnstable County Government becomes the Cape Cod Regional Government, known as Barnstable County.
• The Speaker of the Assembly of Delegates will be elected by non-weighted vote by Delegates.
• The County Commissioners and Assembly of Delegates have the authority to waive the residency requirements for the County Administrator.
• The Assembly of Delegates assume the responsibilities of the Advisory Board on County Expenditures (ABCE); Boards of Selectmen and Barnstable Town Council to be included in the budget process.
• The Register of Deeds remains an elected official of the County.
• If there is excessive absence by a member of the Assembly of Delegates, a Charter amendment authorizes a Town to declare an Assembly seat vacant and the Town will then be able to follow the existing charter process for filling a vacancy.

What will Not Change:

• The existing revenue stream for Barnstable County is maintained.
• No new taxes result from the amendments.
• The existing services and the ability to deliver regional services to Towns is maintained.

Transitional and Contingency Components:
House Bill #3489 has been filed by Representative Eric Turkington with the Massachusetts Legislature to enact Sections 10 and 11 of Charter revisions. On January 3, 2001, this bill was referred by both the House and Senate to the Committee on Counties. The hearing took place on March 26, 2001 at 11:30 am at the Statehouse in Room A-2. The Committee on Counties reported favorably on the bill and has referred it to the Committee on House Ways and Means.
Following is a summary of of the proposed changes which would become effective upon the signing of the bill.

• All State laws, rules and regulations governing Barnstable County will be transferred to the Cape Cod Regional Government.
• All powers and duties of Barnstable County will be transferred to the Cape Cod Regional Government.
• Laws pertaining to the Advisory Board on County Expenditures shall be transferred to the Assembly of Delegates.
• Reserve accounts, revolving funds and Enterprise accounts, similar to what Towns are allowed to establish, will be available to the Cape Cod Regional Government.
• The Jail, House of Correction and Public Safety Functions will be turned over to the Commonwealth. Those employees will become State employees. This does not include the Fire Training Academy.

Effective Date of Changes:
The amendments to the Charter became effective immediately upon receipt of a majority vote from the voters in Barnstable County.