Section 3 of the Home Rule Amendment provides for the establishment of a charter commission through a petition signed by 15% of the voters of the town, and a subsequent order from the legislative body of the town to cause the question of whether or not to revise the charter, and the election of the charter commission, to be submitted to the voters. G.L. c. 43B, or the Home Rule Procedures Act, further lays out procedures for the election and establishment of charter commissions consistent with section 3 of the Home Rule Amendment.

If the town wishes to proceed with amending the town charter through the establishment of a charter commission, we would recommend to the Representative that the town to do so unilaterally, in accordance with the process set out in section 3 of the Home Rule Amendment and G.L. c. 43B.

Amending a Charter: Unilateral town action or Home Rule Petition

There are two additional ways a town can amend its charter, without the establishment of a charter commission.  Section 4 of the Home Rule Amendment provides that the legislative body of a town may, by two-thirds vote, propose amendments to the charter, unless the proposed amendments relate in any way to the composition, mode of election or appointment, or terms of office of the legislative body, the mayor or city manager or the board of selectmen or town manager.  Any proposed amendments must be submitted to the voters for approval.  This is another method by which the town may act unilaterally to amend the charter. 

A town may also amend its charter through a special act filed pursuant to a Home Rule Petition to the legislature, under section 8 of the Home Rule Amendment.