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HomeMy Public PortalAboutCharter Committee -- 2019-08-23 Minutes o� �9% Town of Brewster Office of: Select Board 2198 Main Street Town Administrator o Brewster, MA 026314898 V0 - Phone : ( 508) 896- 3701 Fax : ( 508) 896 -8089 ��faryN1ININmIN�����\� MINUTES OF THE CHARTER COMMITTEE MEETING DATE : August 23, 2019 TIME : 9 : 00 AM PLACE . Brewster Town Office Building, 2198 Main Street PRESENT : Town Administrator Peter Lombardi , Town Clerk Colette Williams, Richard Koch, Selectperson Bingham , Robin Young, John Kissida, William Meehan, Charlie Sumner ABSENT : Karen Whitney Call to Order Mr . Koch called the meeting to order at 9 : 00 am . Public Comment No discussion Review and Approve Meeting Minutes of August 9 Mr . Kissida would like the discussion that the draft version proposed by counsel he had suggested include existing bylaw sections, to be included into the minutes . Peter moved the approval of the meeting minutes for discussion . Mr . Lombardi made the clarification on last page of the minutes that Charlie Cristello is the retired Middleboro manager . Cindy Bingham moved the minutes as amended , Mr . Meehan second . The Committee voted &04 . Discussion with Massachusetts Municipal Management Association' s Form of Government Committee Members Charlie Cristello, Jill Goldsmith , Bud Dunham Mr . Lombardi introduced Charlie Cristello, retired Middleboro manager, Jill Goldsmith from Chatham and Bud Dunham from Sandwich , both current town managers . Charlie Cristello feels Charters are very important on a variety of levels . They define how your government functions and who has responsibility for what . Managers utilize this as a tool for career placement . Charters give opportunity for clarification on what roles are . The creation of manager positions and the strengthening of them has been a local trend . Ms . Goldsmith has worked in two states; California in city mayor form of government and in Massachusetts as an Assistant, a Town Administrator and a Town Manager . She agrees that the Town ' s Charter is very important for the delineation of roles . Having this defined is not about the power of the role, but for clarity on who has what role . There can be some transitional issues from a non - Charter to a strong Charter, with elected boards to appointed boards . If a Town Manager is the appointing authority, it is good to include the Chair of the board or committee in the process for continuity . Personnel labor laws are complicated , therefore potential civil rights violations require an appointment of staff by the professional manager . Mr . Dunham feels it is critical to spell out lines of authority, as this assists the Town Manager in their role . Having strong charter that gives www . brewster- ma . gov Charter 08-2349 Page 1 of 6 \\\��p\\\e�.W 8u�' z# o4q o�a� .S" ,� � Office of: Town of Brewster � 2198 Main Street Town eAdm lect Board w 0 uBrewster, MA 02631 - 1898 Y w Phone : ( 508) 896 -3701 Fax . ( 508) 896=8089 clear authority helps everyone in the organization not just the manager . It also assists in following the Open Meeting Law . Sandwich has revised their Charter three times, and there was no charter when he began . Every time the Charter was amended , it was to make oversight strengthened . Boards and committee appointments are the responsibility of the Selectmen , staff appointments are the responsibility of the Town Manager . Mr . Koch began the series of questions with Mr . Lombardi . In regards to the Home Rule petition process, it is not required to have the Charter as a ballot question and Mr . Lombardi asked the three attendees what did their communities do ? Mr . Cristello explained as it is not required , many communities choose not to do it . The Town Meeting has authority to vote on the Charter . Ballot questions historically much more difficult . As example Wellesley passed accepting their Charter at Town Meeting, but it failed by large margin at the ballot . Ms . Goldsmith ' s experience has had the ballot question , but not until a year after Town Meeting . Therefor it is important to keep public outreach ongoing . It should follow the traditional custom and practice of the community . In Chatham the Charter and the revisions passed at the ballot . Mr . Dunham had mailer outreach sent to residents with a full explanation of the charter and it passed at both the Town Meeting and the ballot . For any update they printed the entire Charter with the changes highlighted . Ms . Goldsmith recommended community outreach ; a lot and often . This is a "We the People " state, and she feels it is important that people feel that they have input and are engaged . The mailing idea was helpful, but the committee should make a list of people they felt were important to speak to and invite the committees and department heads in for discussion . The more publicity regarding the formation of the Charter, the better . Mr . Sumner noted that Brewster has elected board and committees ; planning health and rec , historically he feels that changing this has had resistance and internal opposition . Have they had any experience with hybrid committees, as people can be intimidated by the electoral process ? Mr . Dunham now only has one appointed staff position left . They have not changed any elected boards to appointed . Union/non - union issues have transpired . It is important to state in the Charter that the employee that is elected or appointed by a board, reports to the Town Manager, not the Chair of the board or committee . It is important to set clear directives . He has no hybrid committees . Mr . Cristello has not seen hybrid committees unless a resignation occurred and an appointment was made until next election . He agrees that many people would rather be appointed to relieve them of the political process, however it will be difficult for this Charter Committee to eliminate elected positions . It then becomes personal and people feel they are trying to take their rights from them . The Town is better off avoiding that battle and focusing all employees reporting to the Administrator or Manager as a better approach . There should be consistent rules and guidelines for employees in paid positions . Ms . Goldsmith has had one hybrid committee in the form of the finance committee which has 2 members elected out of 9 and the moderator made rest of the appointments . There are no elected committees or boards in Chatham . Mr . Sumner asked Ms . Goldsmith if the Chatham Selectmen have a confirmation process for department heads, and is it for only critical department heads or all department heads . In Chatham all department head ( 12 ) reports to the Town Manager including the Police Chief and Fire Chief. She meets and asks the Board of Selectmen for what qualities they want in a candidate prior to interview . Mr . Dunham has the appointing authority in Sandwich for hiring department heads, who he then presents to the Selectmen for approval . There are 22 department heads, and he always www . brewster- ma . gov Charter 08-2349 Page 2 of 6 �gfp\\� F. W BUT iyyi c� Ott �9 Town of Brewster Office ofm � � •* � Select Board 2198 Main Street Town Administrator o w 9 Brewster, MA 02631 = 1898 0 Phone : ( 508) 896 = 3701 Fax : (508) 896= 8089 ���wM//ItINIINIIIItI1N�1u\� includes a board member on interviews and only brings forward one name for recommendation to the Selectmen to avoid conflicting votes . Mr . Cristello feels that the Selectmen do not need to oversee every department heads, only the critical ones . Mr . Meehan was getting the sense from everyone they prefer a strong Town Manager with appointment authority . The exception to this is the Finance Committee, which is a moderator appointment . He thinks this is a good arrangement, and all are in agreement this works well . The other aspect has committee consensus to increase the Moderator term from 1 to 3 years and that as well has been the practice for the interviewees . A revised timeline says that finished document will be brought before the Select Board in May 2020, and to present to Town Meeting in 2020 . Mr . Cristello does think that timeline is aggressive, but there is a shot at it if the work is done . Mr . Dunham has a limit of meeting for amendments to their Charter for no more than 6 months . Ms . Bingham returned to the topic of appointing and electing, as none of department heads are elected . Boards that are elected are the Recreation , Planning and Board of Health . She asked how many have elected boards . Chatham has none, all are appointed by Selectmen and that was changed in 1996 when the Charter began . The Charter was overwhelmingly approved . There is long time staff who worked at some point for the elected boards . The Charter is a reminder on how to conduct business, who has authority for what authority . Re - education is needed . Mr . Dunham still has elected Planning, Board of Health , Library trustees and Westend Memorial Fund . It has not been publicly supported to transition these boards . Mr . Cristello thinks one of the hardest things to do in the Charter process is to eliminate elected officials . It can be done, but it depends on the town . Since it is the most contentious issue, it is usually what can block a Charter approval . Ms . Williams asked if they require appointing authorities to live in town . Mr . Cristello has not, and gave the example that in 1992 he worked in Hingham for 10 years, and nothing changed when he moved there from when he lived in another town . In Chatham there is no residency requirement . The Fire and Police chief were required to live in a one town radius . The cost of living is something to consider, so a housing allowance and financial incentives might be included in a contract . In Sandwich only the Town Manager is required to live in town with in one year of hiring, unless the Selectmen vote to extend the timeline . This provision can limit the pool when seeking a new candidate . Mr . Cristello thinks that the biggest argument against having that is that you can lose candidates . Ms . Williams asked if there was anything in their Charter that they would remove . Mr . Dunham explained that the last Charter revision in Sandwich added specific dates that are unneeded for the budget process . It stipulated that within 2 weeks of getting free cash certified , a meeting needs to occur with the School Board . He feels this is too premature of a timeline . Ms . Goldsmith sees that the only challenge in the Charter has been to make changes to personnel policies . There needs to have clear terminology and specific timelines should be avoided . General requirements should be realistic for completion and the document should be able to evolve but not easily changed . Mr . Dunham explained there are things in the Town ' s Bylaw' s that don 't agree with the Charter . Those should be amended to be consistent, however that is a special act that needs to go to Legislature and could elongate the process . Board and committee members may be good in their field , but they do not have special skill in personnel administration laws . Mr . Dunham offers the advice to spell out the appointment procedure and who has oversight authority . This also gives the Town Manager the availability to reorganize departments, not the select board . The Charter www , brewster-ma . gov Charter 08- 23 - 19 Page 3of6 p� •` •, F,� Town of Brewster Office of: Air :' +`+�+ � 2198 Main Street Select Board Town Administrator 3 Brewster MA 02631 = 1898 m --� w Phone : ( 508) 896 -3701 r �+K , " •n �\ Fax : ( 508) 896- 8089 ��'wM//IgryIIMIII11N1N�u���� Committee needs to understand the end goal and make changes along the way to produce that . It can be difficult to get high level employees on the Cape, and this allows him as the Town Manager to make changes to positions descriptions and shift employees . Ms . Goldsmith can move departments and create flexile job descriptions, in Chatham when she files administrative orders, a copy goes to Selectmen . They then have 30 days to put it on agenda , where they can discuss . Mr . Dunham explained that in the absence of the Town Manager the Assistant has full authority over town employees . In Chatham Ms . Goldsmith designates an Acting Town Manager , Mr . Lombardi noted that they are revising the Charter every 5 years in Chatham and Sandwich , and wondered if that is too frequent . A review every 10 years is consensus based on the feedback . Ms . Goldsmith pointed out that by the time it is approved by the general court, it is two years after review . It can be difficult to find open minded committee members for review . They discussed the difference of the Town Manager versus Town Administrator title . Mr . Cristello thinks that the title doesn 't matter to candidate pool , it' s the responsibility' s that are defined . Town Manager is more of a prestigious title, but being able to do the job effectively is the largest goal and a strong Town Charter matters more than title . Mr . Dunham feels that the title of Manager matches up better descriptively . Mr . Lombardi feels the topic of Elected vs . Appointed is biggest hurdle for the Charter Committee and a change of title second . Mr . Koch gave an example of how Mashpee is the only community where the Police Chief appoint officers . Ms . Goldsmith explained in Chatham the Town Manager is the appointing authority, however the initial interviews are done through the departments and the finalist meet with the Town Manager to get a sense of who they are and the expectations . She has to sign the letter, so she has to feel comfortable with the appointment . There has only been one instance where this has been questionable . Then the person is brought to Selectmen for introduction . In Sandwich the Town Manager appoints all Police and Fire department personnel . In Hingham Selectmen appoint the Police Chief and the Town Manager appoints the Fire . Mr . Koch asked the guests to please speak to the members of the community regarding a Town Charter , Mr . Cristello pointed out that local government only gets more complex with time and that it is not what it was 30, 20, 10 years ago . There needs to be structure in place to respond to challenges . As strong Charter gives the ability to do that . Mr . Dunham feels the creation of a Charter is a public service, and things can get done better and faster if a strong Charter is in place . Ms . Goldsmith explained that a Charter adds built- in accountability . When managing a community they are held responsible with clear delineations of power, it allows the community to succeed . Mr . Koch thanked them for joining the Charter Committee and for their thoughts and time . Review and Discuss Data/ Examples of Hvbrid Elected/Appointed Boards and Committees Ms . Williams sent out a request for examples of hybrid elected/appointed boards and committees to the fellow Town Clerks . There were the only a few examples statewide . Mr . Lombardi noted it is an exception more than the rule . Ms . Bingham wonders that in taking what they heard this morning, is it worth the battle of losing the vote for the Charter over appointed vs elected committees; this is an area that would be valuable to discuss with the other Boards/Committees and department staff. She would like to hear what they would want to alter . It is the thought that most would want to stay elected . Ms . Williams spoke with a citizen who had Charter questions . A good deal of communities felt the citizens were taking their rights www . brewster-ma . gov Charter 08-2349 Page 4 of 6 Town of Brewster Office of: � .* + Select Board 2198 Main Street Town Administrator d 09 Brewster, MA 02631 - 1898 r Phone : (508) 896= 3701 Fax : ( 508) 896 - 8089 111111 away . Most interesting that Chatham did change elected to appointed when they brought in Charter . Mr . Koch asked if they had structure in Charter that all employees answer to Town Administrator or Manager, then why would we want to change elected to appointed . If the first iteration of a charter is successful with leaving it elected but changing how employees are hired , fired and managed , the policy issues that could developed could be scrutinized by the review committee . Mr . Lombardi followed up that the only reason would be to attract a larger pool of people for those positions . The Committee is looking for feedback from the people who sit on those boards and committees who have been elected and to answer the question if it would fundamentally change the number of applicants for vacancy . Ms . Bingham is being open minded but leaning toward leaving committees that are elected as is . Mr . Sumner would like to hold off on opinion and ask the boards and committee for their comment . Discuss Proposed September and October Meeting Schedule and Updated Project Timeline The Committees approach to looking at previous studies and designating how to distribute roles and responsibly to the committee needs to be reviewed . Mr . Lombardi met with Chair Whitney to review the schedule . The Select Board , Finance Committee, currently elected boards in full committee , all staff who supported elected boards and committees will need to be interviewed . Meetings will stay on Fridays for September for staff inclusion . Boards will come in 2 - 3 at a time beyond that . It might not make most sense to have staff member come in on a Friday, then have their board in a few weeks later, but should consider bringing in staff/department head in with their board/committee . Ms . Bingham is in favor of a Saturday event . It is a long day for the committee but participants like it the most, as feedback from the previous budget meeting that was structured the same way . Volunteers prefer not to come in at night . The Board was in agreeance to schedule a full day Saturday meeting to interview elected boards and their staff. Prepare Questions for Meeting with Government Studv Committee Members The Government Study Committee was asked to review their process, to explain what is not in report in regards to the process, and give feedback . Mr . Meehan asked why there is no discussion of Vision Plan . It is productive to have a portion of meeting to review and discuss what is favorable and practical . People are going to want to know they gave full and deliberate consideration to both of those reports . Thursday September 12, will be for the Government Study Committee in the late afternoon or morning Mr . Koch suggested a 2 hour meeting, dedicating one hour to Government Study Committee and one hour to the Vision plan . Mr . Meehan won ' t be able to attend , but will provide input . The Committee agreed a morning meeting is better than night meeting . Each of the members can draft 34 questions to eliminate duplicity in the same manner as today' s meeting . Discuss Topics for Next Agenda No further discussion www . brewster-ma . gov Charter 08-23 - 19 Page 5 of 6 000 OF W,B� °�i o� Town of Brewster Office of: Select Board ��a Is 2198 Main Street Town Administrator w o Brewster, MA 02631 = 1898 Phone : ( 508) 896-3701 Fax : ( 508) 896 = 8089 'As���ii mpt �\o Jill MIN�\\\\�\ Topics Not Reasonably Anticipated by Chair None, send thank you to the guests for their time . Future Meetings — September 12 in morning, Sept 20 prep meeting for Saturday. October 5 full day meeting Adjournment Ms . Bingham moved to adjourn at 10 : 25 am , Mr. Meehan second . The Committee voted 7-Yes 0- No . Respectfully submitted , Robin A Young Approved : f Signed . Date B C Accompanying Documents in Packet : Charter Framework www . brewster- ma . gov Charter 08 - 2349 Page 6 of 6