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HomeMy Public PortalAboutCharter Committee -- 2019-06-28 Minutespop\\\ A£W*,V,Zkp 9 , Town of Brewster Office of: Select Board r 2198 Main Street Town Administrator 0 Brewster, MA 02631 = 1898 VO Phone : ( 508) 896 -3701 Fax : ( 508) 896 - 8089 1 Z o ISO 4yU/l/INIINIII111U11\u\ WJ11 '. ` LI. J Rif iF. j • ' I.. I ),j MINUTES OF THE CHARTER COMMITTEE MEETING DATE . June 28, 2019 TIME : 9 : 00 PLACE : Brewster Town Office Building, 2198 Main Street PRESENT : Town Administrator Peter Lombardi , Town Moderator Charlie Sumner, Town Clerk Colette Williams, Richard Koch , Selectperson Bingham , Karen Whitney, John Kissida , William Meehan , Robin Young, Lauren Goldberg, KP Law Call to Order Town Administrator Peter Lombardi called the meeting to order at 9 : 02am Introductions Lauren Goldberg, managing attorney for KP Law, is in attendance to serve as an advisement to the Committee . The committee members introduced themselves and described their backgrounds . Karen Whitney, citizen of Brewster 13 years, practicing attorney in patent and trademark law . Peter Lombardi , Town Administrator, with experience in multiple forms of Government Charles Sumner, former Town Administrator and current Town Moderator Cindy Bingham , current Select Board member Bill Meehan , Finance Committee John Kissida , Town Resident retired Richard Koch , Retired Brewster Police Chief, former Quincy City Council , Colette Williams, Town Clerk Review of Charter Committee Charge A handout was distributed . The final Vision Plan was adopted by the Select Board a few months back . One of the recommendations proposed was to establish a Charter for the Town . It is suggested to use existing bylaws as a starting point . The committee should utilize the Government Study report, Collins Center recommendations, the Vision Plan , and the report from Department of Revenue . The level of Public input and Citizen Outreach needs to be determined . Ideally a Charter would be presented to Town Meeting next spring, in 2020 . Review of Presentation by Town Counsel — Lauren Goldberg A Charter can be the governing document of the Town , and it supersedes state law . The flow of ruling is : general laws, then town ' s bylaws, then policies rules and regulations . It removes authority from state statues www . brewster-ma . gov Charter 06-28 - 19 Page 1 of 4 aopg0011Wfulu/u//, 0¢ £ we r i i L a* F9 Town of Brewster Select Boas of a rd 3 2198 Main Street Town Administratorw Brewster, MA 02631 = 1898 V0 Phone : ( 508) 896- 3701 Fax : ( 508) 896= 8089 y' giUl4ip IINIHIIIINI\`\\ a and places them in the Town . A Charter is the town ' s organizational document . A Charter Commission is a 9 member committee , and a petition needs to be filed with the signatures of 15 % of the voters . Then it would be placed on a ballot for adoption of a Charter Commission . An appointed charter committee reviews the current bylaws, and drafts a Charter for approval at town meeting .Examples of what this document would clarify were given , such as certain officials may be doing tasks that could be best handled by others . A Charter standardizes and manages day to day operations . The general state laws leave little flexibility . The benefit of a Charter is that it that creates consistent practices as " law of the Charter" . This includes matters that are not addressed by towns, which are regulated by the State . Towns can add to the requirements of the State laws . Town Bylaws fill in the gaps that are operational in General Law . Town bylaws cannot make changes to responsibilities of the Select Board , Town Meeting or Town Manager . The voters would need to vote to elect a Charter Commission or the Charter Committee can present their recommendations to Town Meeting . It needs to be determined what changes have already been made by bylaw and what is important to move into the constitution to create a framework . Then bylaws can fill in . The Select Board size cannot be changed after charter is adopted , unless brought to Town Meeting to amend the Charter . The Charter document could create a town council , create a representative town meeting, create a position of town manager or administrator and define their powers and duties, transfer powers with in the entities, such as hiring and firing, who makes appointments of staff and authorities, licensing matters, etc . and put in to effect coordination operation of various departments . This can centralize the responsibilities of various departments . The process of creating a Charter should focus on questions such as ; what day to day operations could be better managed ? What things would they not like to see centralized in control ? Is there too much power to one particular body . Policy making is separate from responsibility of oversight . Plan City Charters are no longer accepted . Home Rule Amendment allowed changes to its form of government without special action by the State Legislation . Language presented must be very specific when submitted to General Court for the submission of a Town Charter . Approval of a charter requires a Town Meeting majority vote, followed by the placing on the question on the ballot . A petition of 10 registered voters ( or 100 registered votes for a special town meeting) would be needed to place the action on a Town Meeting warrant . Ideally, the entire cohesive charter would be presented in spring 2020 . It must be approved by legislature in time for action at an election . Mr . Kissida asked how long the process could take to be passed by Legislation . Ms . Goldberg recommended that it should be discussed with them prior to completion , and to include them in the process . Mr . Lombardi asked if Legislature will insert themselves into the process . Ms . Goldberg noted that it is rare but has been done before . There has to be compromise with in the drafting of the document . Once Charter is in place, it may be amended by a 2/3 town meeting vote and ballot vote . The topic of Town Administrator or Town Manager is often the first discussion in a charter and the independent authority the position holds, without the express permission of the Select Board . The more independent the stronger they are viewed . Such issues would be appointment and removal authority, supervisory authority, personnel policy and procedures, contract negotiations and awards, budgets, appointed and elected officials, and jurisdiction over www . brewster- ma . gov Charter 0& 2819 Page 2 of 4 I z oo UL E F9% Town of Brewster Office of: Select Board ar i 2198 Main Street Brewster, MA 02631 - 1898 Town Administrator A Phone : ( 508) 896-3701 Fax : ( 508) 896- 8089 ISO 4jq//I HtI Ikill 11 town owned property . The current scope of authority has been reviewed in Brewster . Evidence for the decisions will need to be provided as a back up to decisions . The Government Review process will be a good time to clarify ambiguous languages as well as set powers and authorities . The Board is not required to have a public outreach meeting with in a set timeframe, but it is important to include the public and invite important Boards to Charter Committee meetings for inclusion . The recommendation of the committee regarding the Town Charter will be to the Select Board . Questions will be either directed to the committee or the Select Board , with that decision being made following recommendation . Mr . Lombardi asked if a Town Administrator vs Town Manager has more appointing authority . Ms . Goldberg discussed the different types of appointment processes . She implored the committee to review charters from other communities but adapt them to determine what would work in Brewster . The committee should document the way town operates now and what changes would be best . All references made with in the document should be the positon not the person who holds the position currently . Any references to public documents should not be copied by to the title of the document . 5016 ' s should be included in conversations regarding the Charter model . The more public discussions usually means the less resistance on Town Meeting floor due to a better understanding of the process . This committee is subject to open meeting law and public records law . Documents can be distributed via email , without personal comment . Open meeting laws were explained and examples of how violations could occur were given . Mr . Lombardi asked about subcommittees . Ms . Goldberg warned against having subcommittees . Individuals would be allowed to discuss issues with other entities, without any violation of open meeting law . Intentionally created subcommittees need to post and take minutes for their meetings . They could then report back to the full Charter Committee at a future meeting, with the subject listed on the agenda . Individual Committee members need to be cautious of speaking on behalf of the Charter Committee as a whole, or if in a group speaking to other committee members for confirmation of perspective . Information related to the Charter Committee should be distributed , and public outreach should be utilizing the press, the website, cable, television and through public and private group inclusion . Ms . Goldberg recapped the outline of the presentation reiterating the highlighted and most important topics that should be addressed in a Charter . Checks and balances need to be considered , with review of executive and legislative functions . Ms . Goldberg provided a sample list as discussion points . The idea is to decide which is best, to change the town or capture what the town is doing, is the goal of the Charter . Generate the general ideas of the Charter, then the formal writing of the document will occur . When the actual draft is written , it would be sent out for feedback, then comments will be taken into an account . A calendar should be set to consult and consider outreach . Time lines should be set and at the end a public hearing should be held . The final document will be presented to the Select Board . An executive summary should be drafted to supplement the complete Charter . Mr . Meehan referred to the Department of Revenue report and their recommendations of adding staff members . He feels that the charter process needs to be fluid and as it is to change bylaws, there needs to be a general majority vote . To change a Charter it is 2/3 Town Meeting vote and ballot question . It is recommended that there should be a charter review every 10 years or so . The document needs to not be so rigid that there are violations, which is where leaving some decisions left as general bylaws come into the discussion . The document would clarify who has www . brewster- ma . gov Charter 06-28 - 19 Page 3 of 4 o UL, on 9 Town of Brewster Offio0 u 2198 Main Street Selectt Boaard Town Administrator O rA 9 Brewster, MA 026314898 r 1 Phone : ( 508) 896 -3701 Fax : ( 508) 896- 8089 y 4jUii UISO NIIIflIINNN\0.p\\\ 00 ISO the authority of hiring and firing process . Ms . Bingham asked Ms . Goldberg what her role will be along the process . Ms . Goldberg will assist in whatever capacity the Committee requests . She can provide examples, recommendations and can write the initial draft for the Committee to review, comment on and revise . Inconsistent Bylaws will need to be amended after the creation of the Charter . The Charter will supersede bylaws, so amendments to bylaws can take place following the adoption of the document . If the Charter refers to bylaws, then the bylaws should be accurate . In the executive summary there should be a full disclosure of the reasons choices were made . Discussion on Next Steps Existing bylaws will be sent to the committee for review . Mr . Sumner can provide a background on how some came to be . Ms . Bingham asked if there are other charters that the group should review . There are links to a few in an email that was distributed . These were chosen both for similarities and differences that the committee should review . Mr . Forest came into the meeting . Mr . Lombardi thanked Mr . Forest for initiating this discussion and the committee . Mr . Forest felt having capable counsel will move this forward , and how important an asset Ms . Goldberg will be to the success of establishing a Charter . Mr . Koch would like to hear the viewpoints of fellow committee members before recognizing others outside of the initial group . Ms . Whitney would like to honor the Government Study and Vision Plan committees . The IT department can put a link on the website with the current bylaws, the Government Study report and the Vision Plan in a central place with the Charter documents . Future Meetings July 12th and 26th at gam . Adjournment Richard Koch moved to adjourn at 11 : 15am , Bingham second the board voted 9-yes 0- no . Respectfully submitted , Robin A Young Approved : IV26 / Signed : x is 6y'"yM%Z:X Date Accompanying Documents in Packet : KP Law handout; Examples of Functions in Executive and Legislative Branches, Charter Committee Charge www . brewster- ma . gov Charter 06- 2849 Page 4 of 4