COMMONWEALTH OF MASSACHUSETTS 

Michael S. Dukakis 

Governor 

EXECUTIVE ORDER NO. 145 

CONSULTATION WITH CITIES & TOWNS 

ON ADMINISTRATIVE MANDATES 

WHEREAS, municipal officials must be able to consider statewide 

agency policy and regulatory actions which have significant financial , 

procedural, or organizational impact on local governments in order to 

effectively prov ide services to their citizens; and 

WHEREAS, state agencies ought to consider the impact on local 

governments of policy and regulatory mandates which include significant 

financial, procedural, or organizational obligations in order to make 

informed, credible decisions regarding the application of such policies 

and regulat ions; and 

WHEREAS, the Governor recognizes that state-local cooperation in 

the formulation of the Commonwealth's administrative policies and 

regulations affecting local qovernments is essential to the successful 

implementation of v iable policies and regulations; and 

WHEREAS , affirmative steps are necessary to ensure that municipal 

officials are fully informed of proposed agency policies and regulations 

which affect local governments, prior to their promulgation; and 

WHEREAS, state administrative mandates may place significant additional financial burdens on municipalities; 

NOW , THEREFORE , I, Michael S . Dukakis, Governor of the Commonwealth 

by virtue of the authority v ested in me as supreme executive magistrate , 

do hereby order as foll ows. 

SECTION I: DECLARATION OF POLICY 

Agenc ies shall take no action (as defined in Section II) without 

having followed the consultation procedures as set forth in Section III 

to inform and thereafter receive advice from local governments of the 

potential impact on local governments of the proposed action. 

SECTION II: DEFINITION 

Agency is defined as any agency, department, board, commission, 

authority or other instrumentality of the Commonwealth. 

Action is defined as (a) the adoption, repeal or amendment of any 

rule or regulation subject to the Mass. Administrative Procedure Act 

(hereinafter called A.P.A. ), M.G.L. Chapter 30A; (b) any administrative 

action that either places additional expenditure, procedural, or organizational requirements on local governments or limits the discretionary 

powers of local officials or agencies on a statewide basis. Enforcement of duly enacted laws and regulations is not within the scope of 

this executive order . 

The Local Gov ernment Acdvisory Committee established pursuant to 

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Executive Order No . 123 (1976 ) is hereinafter called L.G. A. C. The 

Department of Community Affairs is hereinafter called D. C. A. 

SECTION III : PROCEDURES 

1 . In the case of action subject to the A. P . A. , at l east 14 

calen dar day s prior to the initiation of compliance with t h e A. P. A., 

agencies shall initiate the procedures set forth below. In the case 

of actions not subject to the A. P.A., agencies shall initiate said 

procedures a t least 45 calendar days prior to t he proposed implementation 

of said action . 

2. Agencies shall prov ide L.G .A. C. and D.C .A. with a b r ief state -

me n t describing the proposed action which emphasizes t he responsible 

agency officials ' best judgement of thos e elements which might impact 

on l ocal gov ernments including, when feasible, preliminary cost estimates . 

3 . Within 21 calendar day s of receipt of said notice, either L . G.A. C. 

or D.C . A. shall notify the originating agency as to wh ether or not it 

be lieves t he proposed action presen ts pot ent ial for s i gnificant impact. 

Fa i lure to so notify within 21 calendar days shall be deemed to constitute 

a judgement of no significant impact . 

4. Any such notice shall set forth the aspects of the proposed 

action which the L.G .A. C. or the D.C.A . , as the case may be, believ es 

present potential for significent impact. 

5 . Within 14 calendar day s of the receipt of a notice unde r Section 

III 3,4, the ori g i nating agency shall conv ene a meeting of representatives 

of the agency , L.G.A.C., and D. C.A . to rev iew and discuss the potential l y 

sig nificant i mpact of the proposed acti on . 

SECTION I V: EMERGENCY ACTION 

Agencies may initiate emergency ac t ions under relev ant sections of 

the Administrative Procedure Act without prior compliance wi t h this o r der, 

provided that compliance shall be initiated as soon as practicable following 

the emergency action and in any event to ma k i ng any emergency action permanent. 

SECTION V: DETERMINATION OF SIGNIFICANT IMPACT 

In determining whether the proposed action may present potential 

for significant impact, agencies, L . G.A . C., and the D. C. A. shall con -

sider t he ext ent to which the proposed action might requ ire municipalities: 

a) to significantly e x pand existing services; 

b ) to employ additional personnel; 

c) to sig n i f i cantly alter administrat ive and work procedures; 

d) to reali gn organizational structures; 

e) to increase disbursements which are no t reimbursed by the 

federal o r state gov ernment; or 

f) to limit the discretion exercised by local officials. 

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Each agency head, or a designee of the agency head, shall have 

responsibility within that agency for revi ewing proposed administrative policies and regulations to ensure compliance with this order. 

SECTION VI : EFFECTIVE DATE 

This order shall take effect on November 20, 1978, provided, 

however, that it shall not apply to any action subject to the A.P.A. 

for which compliance with the A. P.A. is initiated prior to November 

20, 1978. 

SECTION VII 

This order shall continue in effect until amended, superseded 

or terminated by subsequent Executive Order. 

Given at the Executive Chamber 

in Boston this twenty-first 

day of October, in the year of 

Our Lord one thousand nine hundred 

and seventy eight and of the independence of the United States of 

America, two hundred and second. 

MICHAEL S. DUKAKIS 

GOVERNOR 

Commonwealth of Massachusetts 

Paul Guzzi 

Secretary of the Commonwealth 

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