HomeMy Public PortalAboutCharter Committee -- 2019-12-13 Minutes gokl!104 My #4
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MINUTES OF THE CHARTER COMMITTEE MEETING , � a. s ; IwlGii i ; lr, l;.
DATE : December 13, 2019
TIME • 9 . 00 AM . p E` 'q� i''i'i
PLACE . Brewster Town Office Building, 2198 Main Street
PRESENT : Town Administrator Peter Lombardi , Richard Koch , Karen Whitney, Cindy Bingham , William Meehan ,
Colette Williams
Call to Order
Chair Whitney called the meeting to order at 9 : 02 am .
Public Comment
No discussion
Further Discussion and Vote on Committee' s Recommendation Regarding Whether to Send Charter to
Ballot for Approval by Voters at Large After anv Approval by Town Meeting
In the packet is information on Town Meeting in regards to election attendance, to compare the attendance
numbers between spring and fall Town Meeting . Mr . Lombardi related that the concern was that less people
attend the special Town Meeting in the fall . Looking at the median attendance differential between the
spring and fall meeting, there is only a small percentage . Having a standalone special town meeting has
historically had even lower attendance . Mr . Koch feels this is more of a house keeping update and he feels
town meeting vote alone is sufficient . Mr . Meehan agrees . He doesn 't feel that is anything to be gained by
having a vote at the polls . There would be no feedback if it failed at the poll . Mr . Meehan moves to
recommend to the Select Board to authorize the Charter approval at town meeting only, Mr . Koch second .
The Board voted &Yes 0- No .
Review and Approve of Draft Charter Chapter Frameworks by Committee Members
Chapter 4 was distributed to the committee, Chief Administrator Officer ( CAO ) . For the CAO position the
Brewster bylaws 5- 5 and 5 - 6 of article one, and special legislation , department of municipal finance bylaw,
and Sandwich Charter article 5 were included in the packet as addendums . This discussion references
changes relative to what is existing . A change the Treasurer and Tax Collector to indefinite appointment was
discussed . The Town Administrators appointing authority has no designated duration , but special legislation
imposed a 3 year term . The thought was to change it to an indefinite appointment by the committee .
Looking at Director of Municipal Finance language, it says based on State recommendation , that the Director
of Municipal Finance appointment be appointed for a 3 year term as well . Chair Whitney wanted to point
that out to the committee, as she feels that Treasurer/Collector and Director of Municipal Finance should be
appointed in the same way . Mr . Lombardi noted that most employees are employees at will , and
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appointments can create conflict with the towns Personnel Bylaws . Mr . Koch also noted that Police Officers
are appointed annually and after probation is ended they have protection by tenure . He would like to
consider an " across the board " look at appointments and find a basis for appointments . Mr . Lombardi will
have legal counsel review union contracts . The discussion creates an artificial decision point, which is in most
circumstances superseded by policy or contract . Mr. Meehan asked the practice for similar towns , Mr . Koch
noted in the town of Mashpee that the Police Chief has the appointing authority for the department . The
rest of the towns have the Police Chief recommend appointments to the Select Board , Mr. Lombardi has
worked in several communities that have all done it differently. This is an opportunity to examine the
process and see why they are doing it as such . The Brewster Bylaws say that the Town Administrator hires all
employees, with exception of the Police Department which has led to confusion of the practice in the past .
Ms . Bingham would like this to be the time to make changes . in practice to appoint is to hire . The
Treasurer/Tax Collector indefinite appointment discussion resumed . There are fixed probationary periods for
all employees . The terms of those agreements supersede any other fixed term . Chair Whitney noted that the
change to Treasurer/Tax Collector appointment would overturn the 1989 special legislation and the
Municipal Finance Bylaw to remove the 3 year appointment . The committee would prefer explicit language
eliminating appointment terms for employees . Contractual employees will still have the contract dictate the
rules of employment . Mr. Koch would like legal opinion on that decision . Golf Director was considered to be
shifted from a contract hire to a member of Personnel Bylaw, The Select Board will be consulted on their
opinion for the multiple changes to the hiring and appointment process . The committee discussed the
Municipal Finance employee reporting structure to change the Treasurer/Tax Collector, Deputy Tax Assessor,
and IT reporting to CAO, opposed to reporting to the Director of Municipal Finance , Mr . Koch asked if having
too many direct reports to the CAO would be a burden , and if it would be more effective to designate them
to another authority. Mr. Lombardi would like to see them all equally reporting to the CAO . Discussion
regarding the appointment of the Emergency Management Coordinator refers to Sandwich Article 5 . The
State statue says the Chair of the Select Board would be the Emergency Manager . The Charter committee
prefers that the CAO would be able to appoint a public safety employee as Emergency Manager and appoints
a Deputy Emergency Manager , Mr . Lombardi noted in the draft framework being discussed that the
Emergency Manager is only in play if a state of emergency has been declared . This should be removed from
the draft for legal to review . There is a Regional Response Team , and when they declare an emergency they
make the decisions . If there is a local event then the Brewster Emergency Manager should have flexibility to
make decisions for response . Assistant Town Administrators should be included on the org chart for hired
positions . Section 5 -5 of the Brewster Bylaws will need updating . Sections 5 - 6, the power to reorganize,
should be retained . Chair Whitney reviewed the decisions made to date . The Board of Health stated that
they would like to remain the hiring of the Health Director, with administrative oversight falling to the CAO .
Brewster Recreation Commission would like to be involved with the process of hiring personnel but the
actual hiring should be with the CAO . The Town Clerk is appointed by the Select Board, and the committee
would like to have the hire performed by the CAO and confirmed by the Select Board , Mr . Koch would like to
know at what point the committee will make their recommendation . He would like to see a decision on this
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Charter 12- 13- 19
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made today. The committee reverted back to the discussion of the hiring process of the Police Chief, and
came to the consensus that the Town Administrator would present a candidate to the Select Board for hire,
but there would be no direct involvement of the Select Board in the process . The " advise and consent"
approach and if the Select Board did not take action within a certain time period , that candidate will be
hired . If they refuse to appoint, another candidate will be chosen . There was a discussion of hiring
department heads with a consensus that the CAO would conduct the hiring . Department Employees should
be consented with the Department Heads for Town Administrator hire . Mr. Koch would like to see future
documents have the title of Town Administrator used instead of CAO . Mr. Kissida would like the delegation
of authority by the Town Administrator memorialized in the charter so there is no question . The committee
discussed the structure for complaints or whistle blowers . There is a
Select Board policy for harassment and whistleblower information , and a Human Resources hiring policy . A
more formal function description is important for the organization but Mr . Koch would want to avoid
language that creates positions which would then create budget issues . Legal will have recommended
language . There should be mention of the Town Administrator' s ability to allow delegation of authority to
someone else, should it be labeled who the authority goes to . Mr. Koch feels the Town Administrator needs
the flexibility to determine who to leave in charge . Mr. Meehan feels it should be language as a member of
staff. Residency language for a Town Administrator is in Sandwich Charter and the committee fees this
should apply to Brewster as well . It could be over ridden by the Select Board in the contract if need be . Ms .
Williams feels this should be the only position in Town that should have to have residency. Timeline for
becoming a resident was considered . Mr . Lombardi feels 6 months is a quick turnaround to find a home and
a year would give more leeway for a candidate . An extension for extenuating circumstances could be
approved if 4 of the 5 Select Board approved . The committee further discussed adding the language of
Budget Forecast to add the role of the Finance Committee in the process . Voting on this will be deferred until
a clean version of the chapter can be presented at a future meeting .
Discuss Further Input from Planning Board Regarding Terms
The Planning Board was polled on their opinion for terms and associate membership . They would like a
hybrid model from Stanford Vermont, where 2 seats would be 3 year term and 5 would be a 5 year term . OR
that all seven members have a 4 year term . There is a lot of technical training that takes time for that board .
This will be discussed again at a future meeting .
Discuss Feedback on Constable Position.
The sitting constable would like it to remain elected position but as a 3 year term . He is ok with limiting the
powers to only post the Town Meeting warrant, and preside at town meetings . This still leaves a question for
Mr . Koch for risk and liability . He wondered if the position is ceremonial , or can a posted police officer
preform the same function . He asked for Town Counsel to provide guidance .
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Discuss Update For Select Board Including Timeline
The date of January 27th to hold a joint meeting with the Select Board has been considered . Following that
meeting the draft can be given to Town Counsel , May town meeting seems overly ambitious to have the
Charter voted on . The committee feels that even fall town meeting is going to be difficult to meet the
deadline, but is more realistic . Mr . Koch would like feedback from the Select Board to see who is promoting
the Charter, the committee or the Select Board , and would like to distribute a draft or some information at
spring Town Meeting ,
Discuss Communication Plan
Lower Cape TV has been consulted for an interview piece . Chair Whitney will speak to James Ludwig for an
infomercial type piece, and after a draft has been reviewed the local newspapers will be called . Mr . Meehan
asked if a draft will be posted to the website and once it has been done to publicize it . Mr . Lombardi noted a
public forum will accompany it for background discussion . Chair Whitney will be attending the Democratize
committee meeting on January 14, 2020 . Brewster Community Network will be contacted once a draft
version has been approved .
Review , Discuss and Approve December 13, 2019 Meeting Minutes
Ms . Bingham moved to approve the December 13, 2019 Meeting Minutes, Mr . Lombardi second . The
Committee voted &Yes 0- No .
Topics Not Reasonablv Anticipated by Chair
No discussion ,
Future Meetings : January 17 at 9 a . m . . January 27 Joint Meeting with Select Board at 6 p . m .
Adjournment
Ms . Bingham moved to adjourn at 10 : 44am, Mr. Meehan second . The Committee voted &Yes 0- No .
Respectfully submitted,
Robin A Young ^�
Approved : �A
Accompanying Documents in Packet : chapters 3, 4, 5 draft December 13 , 2020 minutes
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Charter 124349
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