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