Charter Revision - Status Charter Review Advisory Committee has made recommendations Different...

Charter Revision - StatusCharter Revision - Status

Charter Review Advisory Committee has Charter Review Advisory Committee has made recommendationsmade recommendations

Different options exist for presentation to Different options exist for presentation to voters at Town Meeting, if Board chooses to voters at Town Meeting, if Board chooses to present samepresent same

Scope of revisionsScope of revisions

Overview of revisions for potential Overview of revisions for potential consideration at November Special Town consideration at November Special Town MeetingMeeting

Charter Review Advisory CommitteeCharter Review Advisory CommitteeProcedureProcedure– Met with all elected boards, most appointed boards, and Met with all elected boards, most appointed boards, and

key staffkey staff– Held two public hearings approximately a year apartHeld two public hearings approximately a year apart– Met over 25 times to discuss current form of governance, Met over 25 times to discuss current form of governance,

best practices, and possible changes to structurebest practices, and possible changes to structure

RecommendationsRecommendations– Characterized by Committee, in large part, as clarifications Characterized by Committee, in large part, as clarifications

of current form of governance, stressing current form is of current form of governance, stressing current form is structurally soundstructurally sound

CategoriesCategories– (1) ministerial, clerical, non-substantive;(1) ministerial, clerical, non-substantive;– (2) “minor” substantive revisions; and, (2) “minor” substantive revisions; and, – (3) “major” substantive revisions (3) “major” substantive revisions

Options for Board’s ActionOptions for Board’s ActionBoard of Selectmen may recommend any or all Board of Selectmen may recommend any or all proposed revisions appear on warrant at proposed revisions appear on warrant at November Special Town Meeting, or at a future November Special Town Meeting, or at a future meeting, or take no action on any or all meeting, or take no action on any or all recommendationsrecommendationsRevisions may be presented as a package, or Revisions may be presented as a package, or broken down in any logical mannerbroken down in any logical mannerRevisions may be presented to Town Meeting Revisions may be presented to Town Meeting under either the “Home Rule Procedures Act” under either the “Home Rule Procedures Act” (G.L. c.43B), or through a Home Rule Petition (G.L. c.43B), or through a Home Rule Petition (special legislation), or both; note, however, that (special legislation), or both; note, however, that each process requires different procedures at each process requires different procedures at and following Town Meetingand following Town Meeting

Tonight’s PresentationTonight’s PresentationRemainder of presentation will include:Remainder of presentation will include:– Overview of categories of ministerial, clerical revisionsOverview of categories of ministerial, clerical revisions– Overview of 16 “minor” substantive revisionsOverview of 16 “minor” substantive revisions– Overview of eight “major” substantive revisionsOverview of eight “major” substantive revisions

While the revisions are presented for ease of While the revisions are presented for ease of consideration in the above-referenced consideration in the above-referenced categories, ultimately, they are easier to categories, ultimately, they are easier to understand when the document is read in its understand when the document is read in its entirety – it is difficult to convey the inter-related entirety – it is difficult to convey the inter-related nature of the revisions in a list or power pointnature of the revisions in a list or power point

Tonight’s PresentationTonight’s Presentation

During and/or following the overview, there may During and/or following the overview, there may be possible votes on whether to present all or be possible votes on whether to present all or some of the revisions to Town Meetingsome of the revisions to Town MeetingIf vote to present revisions to Town Meeting is If vote to present revisions to Town Meeting is taken, then a possible further vote on taken, then a possible further vote on mechanism by which revisions will be presented mechanism by which revisions will be presented to Town Meeting (statutory G.L. c.43B method, to Town Meeting (statutory G.L. c.43B method, or one or more Home Rule petitions)or one or more Home Rule petitions)

Ministerial, Clerical RevisionsMinisterial, Clerical RevisionsGeneral Revisions General Revisions - - proposed throughout Charter to proposed throughout Charter to address, for example, capitalization and grammar, address, for example, capitalization and grammar, standardize references to various documents and standardize references to various documents and officers (for example, refer to “by-laws” rather than officers (for example, refer to “by-laws” rather than “bylaws”“bylaws”Revisions to Make Charter Easier to UseRevisions to Make Charter Easier to Use – – proposed amendments to specific sections, such as proposed amendments to specific sections, such as inserted headings and subsections, re-ordered existing inserted headings and subsections, re-ordered existing provisionsprovisionsRevisions Related to State LawRevisions Related to State Law – proposed – proposed amendments to specific sections, including timing of amendments to specific sections, including timing of action for filing nomination papers, updating of action for filing nomination papers, updating of procedures concerning meeting notices and minutes procedures concerning meeting notices and minutes Revisions to Reflect Current PracticeRevisions to Reflect Current Practice – proposed – proposed to eliminate provisions no longer consistent with Town’s to eliminate provisions no longer consistent with Town’s practice, such as streamlining Department of Finance practice, such as streamlining Department of Finance section, reflecting current budget proceduressection, reflecting current budget procedures

““Minor” Substantive RevisionsMinor” Substantive Revisions

There are 16 “minor” substantive revisions separately described in the slides that follow.

Section references in the slides are to a draft of the Charter containing only ministerial, clerical revisions and the “minor” revisions described herein (in other words, the “major” substantive revisions have been backed out of the draft and will be considered separately)

““Minor” Substantive RevisionsMinor” Substantive RevisionsWebsite posting: – Section 1-7(j) would define “bulletin boards” to include the

Town’s website, resulting in requirement that matters required to be posted on bulletin boards must also be posted on website; contains a provision, however, that protects integrity of action taken if there is a failure to so post, unless posting is otherwise required by law

– Section 6-2(b) would contain a similar requirement that notices required to be posted on Town bulletin boards under the Open Meeting Law must also appear on the Town website, but that unless such posting is otherwise required by law, failure to so post will not invalidate the meeting


Fall Annual Town Meeting: Section 2-1(b) establishes that Town Meeting will meet regularly twice a year; however, if not more than 10 articles are submitted under Section 2-9(a) for such meeting, the Board may “cancel” such a meeting no later than September 15 in any year


Vacancies in Town Meeting Membership: Section 2-6 and 2-7 clarify when a vacancy exists and how to fill the same (written ballot by all the District Representatives)

““Minor” Substantive RevisionsMinor” Substantive RevisionsTown Meeting Standing Committees: Section 2-9(c) has been reorganized and subsections added– Section 2-9(c)(1)(i) renames the “Finance Committee”

the “Finance and Warrant Committee”– Section 2-9(c)(1)(iii) formally addresses the

“Committee of Precinct Chairs” and authorizes the Committee to work with the Moderator to review Town Meeting rules, procedures, etc.

– Section 2-9(c)(1)(iv) recognizes that Town Meeting may create additional committees


Town Meeting Standing Committees, continued: – Section 2-9(c)(1)(v) provides that the Open Meeting

Law is applicable to standing committees.– Section 2-9(c)(2) provides that the Finance and

Warrant Committee’s recommendations on articles shall be the main motion at Town Meeting, except that for proposed Zoning By-law adoption or amendments, the Planning Board’s recommendation shall be the main motion


Electronic Voting: Section 2-9(f) provides authority for the Town Meeting, by by-law, to authorize electronic voting at Town Meeting

““Minor” Substantive RevisionsMinor” Substantive RevisionsReferendum – Section 2-12:– the ability to request a referendum on a vote of

Town Meeting has been revised to apply only to affirmative votes of Town Meeting

– the form of the referendum question has been set forth in the Charter;

– clarification has been made to clarify whether a referendum question has been approved

– clarification has been made with respect to calculating the14 day period for filing a petition runs from the date of dissolution of the meeting

““Minor” Substantive RevisionsMinor” Substantive RevisionsAppointment of multiple member bodies:– Section 3-2(d) has been revised to clarify that the

Board of Selectmen appoints multiple member bodies for which no other provision is made by Town Meeting

– Section 3-2(d) clarifies that the Board of Selectmen, Town Moderator and Town Administrator may, however, respectively appoint such committees as needed to assist them with matters within their jurisdiction

– Clarification of the Moderator’s and Town Administrator’s authority in this regard is found in Sections 3-8(b) and 4-2(b), respectively

““Minor” Substantive RevisionsMinor” Substantive RevisionsAppointment of multiple member bodies, continued:– Clarification in Section 6-3(a) of “default” nature of

Board’s appointing authority and of Town Meeting’s authority to designate appointing authority for additional multiple member bodies

– Section 6-3(b) clarifies that appointments to fill vacancies on appointed multiple member bodies shall be made for remainder of unexpired term in same manner as original appointment (i.e., by the same appointing authority)

““Minor” Substantive RevisionsMinor” Substantive RevisionsRecall – Section 3-13:– Revisions have been made throughout this section to

make implementation less susceptible to challenge– In Section 3-13(b)(1) the definition of what constitutes an

“affidavit” has been clarified– In Section 3-13(b)(1), a requirement has been inserted that

the “lead petitioner” and the “first ten signers” be specified– Section 3-13(b)(2) clarifies the content of petition blanks

and prohibits copies from being made– Clarifies timeframe for circulation and return of petitions

shall be calculated from date petitions are made available in the Clerk’s office

““Minor” Substantive RevisionsMinor” Substantive RevisionsRecall, continued:– Clarifies in Section 3-13(c) application of Open Meeting Law to

Board of Selectmen’s action on affidavit and further the timeframe for holding election

– Creates, in Section 3-13(f) a two-step process for considering recall on a single ballot:

Step 1 is answering the question of whether a person is for or against recall

Step 2 is who should replace the person if they are recalled (and, if the answer in Step 1 is that the Town is against the recall, the ballots cast for candidates under Step 2 are not counted)

– Extends the time during which a person elected to fill a recalled officers position may be sworn

““Minor” Substantive RevisionsMinor” Substantive RevisionsTown Administrator’s authority:– Section 4-2(1) removes residency requirement

(which can already be waived)– Section 4-2(m) clarifies that the Town

Administrator is the Chief Procurement Officers and may execute contracts for supplies and services

– Section 5A-8 clarifies that the Town Administrator may sign warrants for payment (which used to be found, as well, in the existing Section 4-2(t), in a slightly different format)


Removal of Town Administrator: Section 4-5 has been revised to remove the detailed process for removal of the Town Administrator, retaining the requirement that the votes of no less than three Selectmen are necessary for removal, but providing further that any other provisions concerning removal may be made part of contract negotiations


Removal of Town Employees: Section 6-6 has been similarly revised to remove the detailed process for removal, retaining the requirement that such removal be “for cause”, and in accordance with applicable provisions of the Personnel By-laws, or, in the absence of Personnel By-laws, pursuant to a procedure approved by the Town Administrator (be reminded that employees covered by collective bargaining agreements, civil service or contract would not be subject to this provision)

““Minor” Substantive RevisionsMinor” Substantive RevisionsPublished Written Notice of School and Town Budgets, Budgets, and Budget Messages– Section 5A-2 imposes requirements that the

School Committee: at least seven days prior to the School Committee’s vote on the budget request notice be published in a local newspaper of availability of the budget message and draft budget,

that such materials be made available in the office of the Superintendent and on the School Committee’s website;

that School Committee prepare a budget message and that back up material may be requested by the Town Administrator or Selectmen;

““Minor” Substantive RevisionsMinor” Substantive RevisionsPublished Written Notice of School and Town Budgets, Budgets, and Budget Messages:– Section 5A-2 further requires that the School

Committee: submit proposed budget to Town Administrator no less than two weeks prior to the date on which the Town Administrator is required to submit a proposed budget to the Finance Committee

– Section 5A-3 requires that the Town Administrator:publish similar notice at least one week before the Administrator presents budget to Board of Selectmen

make such materials available in office of Town Administrator and Town website


Public Participation in Meetings: Section 6-2(f) has been revised to mandate that each meeting of a multiple-member body include an item for a public participation period of such duration and subject to such rules as the multiple-member body may adopt


Role of Multiple Member Bodies: Section 6-7 provides that multiple-member bodies are policy making in nature, and as such, a multiple-member body as a whole, or individuals serving thereon, should not become involved in day to day operations and administration


Report of Multiple Member Bodies: Section 6-8 provides that multiple-member bodies shall annually report with respect to plans or proposals known to it that may impact the Town’s resources, possibilities or needs as well as with respect to the updating or preparing of studies or plans, as many be applicable.


Periodic Charter and By-law Review: Inserts requirement in Section 7-1 concerning periodic review of Charter, and streamlines and clarifies process for periodic review of By-laws in relation thereto, as well as responsibility of committees appointed for such purposes

““Major” Substantive Revisions Major” Substantive Revisions

Town Clerk’s term Town Clerk’s term - increase from three to - increase from three to five years (Article 3)five years (Article 3)

StipendsStipends - eliminate for elected officials - eliminate for elected officials (Article 3)(Article 3)

Multiple member committeesMultiple member committees - limit - limit simultaneous service on more than two simultaneous service on more than two appointed committees (Articles 3 and 6)appointed committees (Articles 3 and 6)


Term limits Term limits – Four consecutive terms for members of Four consecutive terms for members of

elected and appointed multiple member elected and appointed multiple member bodies with terms of three years; bodies with terms of three years;

– Three consecutive terms for members of Three consecutive terms for members of elected and appointed multiple member elected and appointed multiple member bodies with terms of five yearsbodies with terms of five years


Board of AssessorsBoard of Assessors - change in manner of - change in manner of selection from elected to appointed (Article selection from elected to appointed (Article 3)3)

Town Administrator appointment authorityTown Administrator appointment authority- - appoints all department heads, principal appoints all department heads, principal deputies, principal agents and directors deputies, principal agents and directors and supervises such employees with and supervises such employees with respect to day to day operations and respect to day to day operations and personnel matters (Articles 3, 4 and 6)personnel matters (Articles 3, 4 and 6)


Town Administrator’s responsibility with Town Administrator’s responsibility with respect to maintenance of buildings and respect to maintenance of buildings and property property – clarify application of section – clarify application of section generally, including specific revisions to generally, including specific revisions to Parks and Recreation Commission and Parks and Recreation Commission and Board of Library Trustees sections Board of Library Trustees sections (Articles 3 and 4)(Articles 3 and 4)

Title of Town Administrator Title of Town Administrator – change to – change to “Town Manager”“Town Manager”

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