2. Powers The intent of this Charter is to obtain for the Hampshire Council of Governments all of the powers that it is now possible or that it may hereafter be possible for a council of governments to have, and to hold and to exercise those powers and those policies under the Constitution and Laws of the Commonwealth, as they may be amended, as fully and as completely as if each power were specifically and individually enumerated in this Charter.

a. It also is the intent of this Charter to encourage a continuing review of the functions performed by the Hampshire Council of Governments and to enable it to perform any duty mandated to it in the most efficient manner possible, and without regard to the organizational, structural, or personnel provisions contained in any prior laws.

b. Nothing in this Charter shall be construed to impair, diminish, or infringe upon the powers or duties of cities and towns under the Laws of the Commonwealth. The member municipalities of the Hampshire Council of Governments are and shall remain the broad repository of local police power in terms of their ability to legislate for the general health, safety, and welfare of their residents.

c. Notwithstanding any other special or general law to the contrary, the Hampshire Council of Governments shall exercise all prerogatives and responsibilities granted to it by the Enabling Act, including but not limited to, those powers which are enumerated below:

i. The power to adopt, amend and repeal an administrative code related to operations of the Hampshire Council of Governments.

ii. The power to organize and regulate the internal affairs of the Council of Governments: to create, alter, and abolish departments, offices, positions, and employment and to define the functions, powers and duties thereof; to establish qualifications for persons holding offices, positions and employment, subject to the requirements of state law and this Charter; and provide for the manner of their appointment and removal and for their term and compensation.

iii. The power of eminent domain with respect to any powers of the former County under MGL Chaps. 79-88, 97, 114, 159, 160 and 252. iv. The power to construct, acquire, operate and maintain public improvements, capital projects, personal property and real property or other enterprises for any public purpose, subject to Laws of the Commonwealth.

v. The power to have a corporate seal; to sue and be sued subject to the provisions of this paragraph; to contract and be contracted with; to buy, sell, lease, hold and dispose of real and personal property; to appropriate and expend funds for Council of Governments purposes, to retain, administer and release trust funds of the former County of Hampshire, and to have all possible protections from tort liability afforded to municipalities under the Massachusetts General Laws.

vi. The power to contract with or enter into agreements with any other entity or governmental unit and to provide jointly or for the other, or in cooperation with other entities, any service, activity, or undertaking which that entity or governmental unit is authorized by law to perform. Notwithstanding any other provision of law, municipalities entering into joint service agreements with Hampshire Council of Governments may do so upon authorization of the city administrator in a city having a Plan D or E form of charter, or the mayor with the approval of the city council or board of aldermen in any other city or town, or the town council or board of selectmen of a town or, if further authorized by general law, the chief elected official or executive officer of the municipality.

vii. The power to establish membership assessments and service charges.

viii. The powers of municipalities with respect to creating special fund accounts for the purpose of providing any service authorized by this charter. Such funds may include, but are not limited to, those authorized by MGL chapter 44, sections 53A (grant and gifts for municipal purposes), 53C (off-duty work details), 53D (recreation and park self-supporting service revolving funds), 53E (offset receipts), 53E ½ (departmental revolving), 53F (compensating balance agreements), 53F ½ (enterprise funds), 53G (special consultants), or any other special funds powers now or later enacted for municipalities. Adoption of these instruments by the Council shall require the same procedures of the executive and representative bodies of the Hampshire Council of Governments as may be required of the executive and legislative bodies of municipalities. The Hampshire Council of Governments shall be subject to any procurement regulations which apply to municipalities.

ix. The power, notwithstanding any general or special law to the contrary, to retain all powers and authorities of the former County of Hampshire executive and legislative bodies necessary for the execution of any responsibility transferred to the Council of Governments by act of the legislature. Any responsibility of the former County of Hampshire for which the Commonwealth has no explicit jurisdiction, shall be retained by the Hampshire Council of Governments and its successor offices, including but not limited to, appointment authority of the executive to other corporate bodies.

x. The powers of Massachusetts municipalities, special districts and authorities not specifically limited by this charter or by statute may be granted to the Hampshire Council of Governments by the Administrative Code approval process set forth by this charter.

xi. The powers of town Selectmen under MGL chap. 41 sec. 52 and 56 approval of bills and warrants, the powers of the former County of Hampshire under MGL chaps. 79-88, 97 & 114 (highways and burial grounds, generally), 32B (health insurance),140 (dogs and other animals), 42 (boundaries), 159 & 160( railways), 252 (swamps and quarries), and 90 (parking tickets).

xii. The power to incur operating debt in anticipation of revenue.

xiii. The power to exercise any powers, authorities or duties now or formally exercised by counties, which may be assigned by general law or administrative rule.

xiv. The power to accept, state, federal, or private grants for any purpose.

3. Division of Powers The legislative powers of the Hampshire Council of Governments shall be exercised by an elected board of councilors. Certain executive powers shall be exercised by the council administrator while others shall either be exercised by the council administrator with the consent of the councilors, or by the council administrator with the executive committee of the council by the consent of the councilors.

4. Intergovernmental Relations The Hampshire Council of Governments may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more states or civil divisions or agencies thereof or the United States government or agency thereof, subject to the applicable requirements of any provision of the Constitution, or laws of the Commonwealth not in conflict with the principle of self-government through home rule embodied by this charter.