HomeMy Public PortalAboutCharter Committee Agenda 072420MEETING NOTICE
TOWN OF BREWSTER
MEETING: CHARTER COMMITTEE
Location: Remote Videoconference
Date: Friday July 24, 2020 Time: 1:00 PM
This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on
public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the
Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during
the meeting. To submit public comment or questions to the Charter Committee, please email: chartercommitteemeeting@brewster-ma.gov. To view the:
Live broadcast: Tune to Brewster Government TV Channel 18
Livestream: Go to www.livestream.brewster-ma.gov
Audio/video recording: Go to www.tv.brewster-ma.gov
AGENDA
1.Call to Order
2.Public Comment
3.Meet with Town Counsel regarding Draft Charter Chapter Frameworks and Draft Charter
4.Review, Discuss and Approve January 17, 2020 and February 7, 2020 Meetings Minutes
5.Topics Not Reasonably Anticipated by Chair
6.Future Meetings: August 14, 2020
7.Adjournment
Date Posted: 7/21/2020 Date Revised: Date & Time Received by Town
Clerk’s Office
This meeting will be held in a wheelchair accessible room.
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 1
POWERS OF THE TOWN
(as approved at 12/6/19 meeting)
I. SOURCE
Start with WESTWOOD CHAPTER 1, see Appendix A below.
II. WHAT CHANGES ARE NEEDED FOR DRAFT BREWSTER TOWN
CHARTER?
Replace “town administrator” with “chief administrative officer”
III. WHAT ARE THE DIFFERENCES RELATIVE TO CURRENT
PRACTICE/BYLAW/STATUTE?
Changing title of “Town Administrator” everywhere
BREWSTER TOWN CHARTER FRAMEWORK
SECTION 1. Incorporation
1-1-1. The present town of Brewster, Massachusetts, within its corporate limits as now
established, shall continue to be a body politic and corporate under the name, town of
Brewster.
SECTION 2. Scope of Town Powers
1-2-1. The town shall possess and exercise all powers possible under the constitution
and laws of the commonwealth of Massachusetts as fully and completely as though
those powers were expressly enumerated in this chapter.
SECTION 3. Form of Government
1-3-1. This charter provides for a select board – open town meeting – chief
administrative officer form of town government.
SECTION 4. Construction of Charter
1-4-1. The power of the town under this charter shall be construed liberally in favor of
the town, and the specific mention of particular powers in the charter shall not be
construed as limiting in any measure the general powers of the town as stated in
section 1-2-1.
SECTION 5. Intergovernmental Relations
1-5-1. The town may exercise, consistent with the law, any of its powers or perform any
of its functions and may participate in the financing thereof, jointly or in cooperation, by
contract or otherwise, with any one or more civil divisions, subdivisions or agencies of
the commonwealth, other states or of the United States government.
Town of Brewster – Charter
Chapter 2
Town Meetings and Elections
SECTION 1 Legislative Power
2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all
registered voters of the town.
SECTION 2 Open Town Meeting
2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in
May and may be continued on such additional days as may be decided by the town
meeting. There shall also be a second business session of the annual town meeting
held in the last 3 months of the calendar year on a date to be determined by the
Select Board, which meeting shall be an "annual town meeting" for purposes of the
General Laws; provided, however, that the Select Board may, at its discretion,
cancel said fall annual town meeting no later than September 15 in any year, so
long as no more than 10 petitioned articles have been submitted for inclusion on
the warrant at said fall annual town meeting and notice of the board's action with
regard to such meeting shall be posted on the town's website and principal bulletin
board.The board's decision as to whether to hold a fall town meeting shall not
prohibit the board from calling for a special town meeting at its discretion.
SECTION 3 Warrant
2-3-1
a) Except for procedural matters, all subjects to be acted on by town meeting shall be placed
on warrants issued by the Select Board.
b) The date of the closure of the warrant to petitioned articles shall be set by bylaw. (75 days)
2-3-2 Posting
In addition to any notice required by the General Laws, the Select Board shall post the
town meeting warrant in 5 locations in town and make available sufficient copies of the
warrant for the town meeting for all registered voters. The Select Board shall post the
warrant on the Town website and make the same available at town facilities and other
common locations throughout the town at least two 2 weeks prior to the town meeting;
provided, however, that failure to timely post the warrant on the website or to make such
copies available no later than 1 week prior to the date of the town meeting shall not
invalidate or otherwise affect the legality or validity of the actions taken at the town
meeting. (Current post 5 locations)(currently 21 days for Special)
SECTION 4 Citizen Petitions (Westwood)
2-4-1 Any 10 voters of the tdown may secure, by written petition to the Select Board, the
inclusion of an article for the warrant of any duly scheduled annual town meeting, and at
least 100 registered voters may secure the same for any duly scheduled special town
meeting.
2-4-2 Pre-Petition.
(a) Any 10 voters of the town may submit to the Select Board or the finance and warrant
committee by a date set by town by-law prior to the annual town meeting a proposed
warrant article and shall designate a lead petitioner.(warrant closes75 days)
(b) The Select Board or the finance and warrant committee shall include the proposed article
on an agenda at a regular or special meeting for discussion and provide the lead petitioner
with nonbinding guidance, if any, concerning the same by a date set by town by-law which
shall be no later than 7 days prior to the close of the warrant.
(c) Failure to submit an article under this section shall not prevent the filing of a petition under
section 2-4-1 and any guidance to the petitioners under this section shall not be binding
on the finance and warrant committee or Select Board in the event the same petition is
submitted under section 2-4-1.
SECTION 5 Quorum
2-5-1 The town meeting shall establish by town by-law a quorum requirement for the
opening of its business, but a smaller number than the established quorum may
adjourn immediately any meeting to a stated date, time and place. (200)
2-5-2 To open a continued session of town meeting, no fewer than ½ the quorum established
pursuant to section 2-5-1 shall be present.
2-5-3 Once a town meeting has been called to order there shall be no minimum quorum
required to conduct the business of the Town.
.
SECTION 6 Presiding Officer
2-6-1. A moderator, who shall be a registered voter of the town, shall be elected for a 3-year
term. All sessions of the town meeting shall be presided over by a moderator, elected as provided
in section 2-10-1. The moderator shall regulate the proceedings, decide questions of order and
make public declarations of all votes. The moderator shall have all of the powers and duties
given to moderators pursuant to the constitution and the General Laws, and such additional
powers and duties as may be authorized by the charter, by by-law or by other town meeting
vote.
2-6-2 The moderator shall appoint a deputy moderator, subject to confirmation by Town
Meeting, for a one-year term who shall, in the event the moderator is absent or has a conflict,
serve as moderator.
2-6-3 If the office of moderator becomes vacant, the Select Board shall appoint an acting
moderator, who shall not be an elected town officer, who shall serve as such until the next
scheduled election of town officers.
SECTION 7 Rules
2-7-1. Rules of procedure of the town meeting shall be determined through town by-law. (Town
Meeting Time)
SECTION 8 Clerk of the Meeting
2-8-1 The town clerk shall serve as the clerk to the town meeting. In the event that the town
clerk is absent, the assistant town clerk shall so serve.
SECTION 9 Report
2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record
in the town clerk’s office and it shall be a public record.
SECTION 10 Elections: (48-1 Brewster)
2-10-1 The Annual Election for the election of officers and such matters as are by law
determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election
for the election of officers and such matters as are by law determined by ballot falls fewer than
two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual
Election shall be held on the fourth Tuesday in May, or on such date, following consultation
with the town clerk, prior to the end of the fiscal year, as the Select Board deems appropriate.
SECTION 11 Recall (Brewster Ch6 Article X)
2-11-1 Elected Officers May be Recalled
Any holder of an elected office in the Town of Brewster may be recalled therefrom by the
registered voters of the Town as hereinafter provided, for reason of lack of fitness, incompetence,
neglect of duties, corruption, malfeasance, misfeasance, or violation of oath.
2-11-2 Initiation of petition; submission; certification
Any 25 registered voters of the Town of Brewster may initiate a recall petition by filing with the
Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement
of the grounds for recall, and specifying the lead petitioner. The Town Clerk shall thereupon
make available to said lead petitioner copies of petition blanks demanding such recall, printed
copies of which the Town Clerk shall keep available. Such blanks shall be issued by the Town
Clerk under the Town seal, and be dated, be addressed to the Select Board, and shall contain
the names of all the persons to whom they are issued, the name of the person whose recall is
sought, the grounds of recall as stated in the affidavit, and shall demand the election of a
successor to such office. A copy of the petition shall be entered in a record book to be kept in
the office of the Town Clerk. Said recall petition shall be returned and filed with the Town Clerk
within 20 days after notification by the Town Clerk to the lead petitioner that the recall petitions
are available, and shall have been signed by at least 12% of the registered voters of the Town
as of the last regular election, who shall add to their signatures the street and number, if any,
of their residence. The Town Clerk shall within one working day of receipt submit the petition
to the Registrars of Voters in the Town, and the Registrars shall within5 working days certify
thereon the number of signatures which are names of registered voters of the Town.
2-11-3 Delivery to officer; order of election
If the petition shall be found, and certified by the Town Clerk and Board of Registrars to be
sufficient, the Town Clerk shall submit the same with the Town Clerk's certificate to the Select
Board within three working days, and the Select Board shall forthwith give written notice of the
receipt of the certificate to the officer sought to be recalled. If the officer does not resign within
5 days thereafter, the Select Board order an election to be held on a date fixed by it not less
than 65 and not more than 90 days after the date of the Town Clerk's certificate that a sufficient
petition has been filed; provided, however, that if any other Town election is to occur within 100
days after the date of certification, the Select Board shall postpone the holding of the recall
election to the date of such other election. No person shall be subject to recall if their term of
office expires within 90 days of the certification. If a vacancy occurs in said office after a recall
election has been ordered, the election shall nevertheless proceed as provided in this section.
2-11-4 Conduct of Election
An officer sought to be removed may be a candidate to succeed themselves and unless they
request otherwise in writing, the Town Clerk shall place their name on the ballot without
nomination. The nomination of other candidates, the publication of the warrant for the removal
election, and the conduct of same, shall all be in accordance with the provisions of law relating
to elections.
2-11-5 Action upon completion of election
The incumbent shall continue to perform the duties of the office until the recall election. If then
re-elected, they shall continue in office for the remainder of their unexpired term subject to
recall as before, except as provided in this Charter. If not re-elected in the recall election, they
shall be deemed removed upon the qualification of their successor, who shall hold office during
the remainder of the unexpired term. If the successor fails to qualify within 10 days after
receiving notification of their election, the incumbent shall thereupon be deemed removed and
the office vacant.
2-11-6 Ballots to be used
A.Ballots used in a recall election shall submit the following propositions in the order
indicated:
(1)For the recall of (name and title of officer).
(2) Against the recall of (name and title of officer).
B. Under the propositions shall appear the word "Candidates," the directions to the voters
required by MGL c. 54, § 42, and beneath this the names of candidates nominated in
accordance with the provisions of law relating to election. If a majority of the votes cast upon
the question of recall is in the affirmative, the candidate receiving the highest number of
votes shall be declared elected. If a majority of the votes on the question is in the negative,
the ballots for candidates need not be counted.
2-11-7 Time limits on filing of petitions
No recall petition shall be filed against an officer within 90 days after taking office, nor, in the
case of an officer subjected to a recall election and not recalled thereby, until at least six months
after the election at which their recall was submitted to the voters of the Town.
2-11-8 Effect on holding office in the future
No person who has been recalled from an office or who has resigned from office following the
filing of a recall petition shall be appointed to any Town office within two years after such recall
or such resignation.
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 3
SELECT BOARD
(as approved at 2/7/20 meeting)
I. Started with portions of Provincetown Charter and Sandwich Charter and
Plymouth Charter and modified thereafter based on Committee input and
January 27, 2020 meeting with Select Board.
II. For reference, annotated Select Board Brewster Bylaws are in Appendix B.
Charter to account for § 5-3.B(2) regarding licensing and § 5-3.B(3) regarding
Town’s long range plan.
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX A – PROPOSED CHAPTER
Chapter 3. THE SELECT BOARD
Section 1. Composition, Compensation and Vacancies
a. There shall be a Select Board consisting of five members elected for three-year
overlapping terms. The Board collectively shall serve as the executive branch of
Town Government. For purposes of the Massachusetts general laws and
regulations, any special laws applicable to the Town of Brewster, as well any local
law or regulations, the “Select Board” referred to hereunder shall have all the
powers, duties and responsibilities of a Board of Selectmen.
b. A chair, vice-chair and clerk shall be elected by the Select Board at the first meeting
following each regular town election.
c. Three Select Board members shall constitute a quorum.
d. Each member of the Select Board may receive an annual stipend as set forth in the
Brewster Bylaws, subject to appropriation by Town Meeting.
e. If a member of the Select Board dies, resigns, is convicted of a felony while serving,
or ceases to be a registered voter, the resulting vacancy may be filled by special
election in accordance with Massachusetts General Laws.
Section 2. General Powers and Responsibilities
a. The Select Board shall exercise the powers and duties prescribed by the
Massachusetts General Laws, this Charter, and the Brewster General Bylaws. The
Select Board may delegate powers and duties to the Town Administrator or to
another Town Board. The Select Board shall enforce the laws and orders of the
Town, including this Charter.
b. The Select Board shall be the primary policy-making, planning, and goal-setting
agency of the Town; provided, however, that no individual member of the board, nor
a majority of them, shall at any time, attempt to become involved in the day-to-day
administration of the affairs of the town. It is the intention of this provision that the
select board shall act only through the adoption of policy directives and guidelines
which are to be implemented by officers and employees appointed by or under its
authority.
c. The Select Board, following the development of the proposed budget by the Town
Administrator, shall review the annual proposed operating and capital budgets
BREWSTER TOWN CHARTER FRAMEWORK
submitted by the department heads, and shall make the final recommendation to
Town Meeting.
d. The Select Board shall protect the assets of the Town.
e. The Select Board shall approve all collective bargaining agreements of the Town
negotiated by the Town Administrator.
f. The Select Board shall meet jointly with the Finance Committee, the Brewster
School Committee, the Regional School Committee, and the Cape Cod Technical
School Committee for the purpose of sharing information. The Select Board shall
schedule the joint meeting(s), which shall be held no less than once (1) a year.
g. The Select Board shall be the licensing authority of the Town and shall have the
power to issue licenses, to make all necessary rules and regulations regarding the
issuance of said licenses and to attach conditions and restrictions thereto as it
deems to be in the public interest, and to enforce the law relating to all business for
which it issues licenses; provided, however, that the Board may, at its discretion,
delegate responsibility to the Chief Administrative Officer or a board created for such
purposes for issuance and enforcement of one or more licenses.
h. The Select Board shall ensure that the Brewster General Bylaws are current.
i. The Select Board shall be responsible to ensure that the Chief Administrative Officer
complies with the Charter.
Section 3. Written Records and Communication to the Town
a. Any goal, policy, plan, or official act adopted by the Select Board shall be in writing
and included in its entirety in the minutes of the Meeting at which it was adopted.
The Chief Administrative Officer shall ensure that a file containing a complete list of
the Select Board’s current policies and goals be posted on the Town’s website for
public reference. The Select Board shall designate to the Chief Administrative
Officer the publishing of an Annual Town Report for each calendar year.
b. Before July 31 and after the Annual Town Election, the Select Board shall hold a
Meeting for the purpose of stating the Board's goals for the next fiscal year(s),
referred to as the Annual Goal Setting Meeting.
Section 4. Powers of Appointment
a. The Select Board shall select, and enter into a contract with, a Chief Administrative
Officer. If the Chief Administrative Officer position becomes vacant for any reason,
the Select Board shall designate a qualified person to serve in an acting capacity.
BREWSTER TOWN CHARTER FRAMEWORK
b. The Select Board shall appoint, following consultation with Chief Administrative
Officer , a Board of Water Commissioners, a Board of Assessors, a Police Chief,
and a Fire Chief.
c. The Select Board shall appoint members of all boards, committees and
commissions. The Select Board may remove any member of an appointed board
[following the opportunity for a hearing]; provided, however, that failure to reappoint
following the expiration of an appointed term shall not constitute removal.
d. The Select Board may appoint ad hoc committees as it deems necessary.
Section 5. Investigatory Powers
a. The Select Board may investigate the alleged misconduct of the Chief Administrative
Officer, any Town Board, or any member of a Town Board. The Select Board may
direct the Town Administrator to investigate the affairs of the Town, the conduct of
any Town Department or Town Employee, and any claim against the Town.
b. Any potentially criminal matter shall be referred to the Police Department, District
Attorney, or the Attorney General, as appropriate.
Section 6. Limitations and Public Ceremonies
a. Unless specifically provided in State law, a member of the Select Board may not
hold any other position in Town Government, whether appointed or elected, paid or
unpaid, that is created by the Select Board or at Town Meeting; provided, however,
that serving in an ex officio capacity shall not be considered a separate position for
purposes of this paragraph. Further, service as a representative from the Town to a
governmental body other than the Town shall not be prohibited by this provision.
b. The Select Board, and individual members thereof, shall deal with employees who
are under the direction and supervision of the Town Administrator solely through the
Town Administrator. Furthermore, neither the Select Board nor its individual
members shall give direct orders to any such employee.
c. Except as otherwise specified in this Chapter, the Select Board shall be subject to
the same rules as apply to all other Town Boards, including that members have no
authority in their individual capacities except as delegated by majority vote of the
Board.
d. The Select Board shall represent the Town for all ceremonial purposes.
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX B – Annotated Brewster Bylaws
§ 5-3. Chief executive function: Select Board.
A. Composition, term of office. There shall be a Board of Selectmen composed of five
members elected for terms of three years each, so arranged that the term of as nearly
equal number of members as is possible shall expire each year. For purposes of these
bylaws, the Board of Selectmen shall be referred to as the "Select Board.“ CHARTER
MAY REPHRASE THE FOREGOING BUT NO CHANGE IN SUBSTANCE IS
INTENDED.
B. Powers and duties.
(1) Unless otherwise provided by this bylaw, the executive powers of the Town shall be
vested in the Select Board. The Select Board shall have all of the powers and duties
given to Boards of Selectmen under the constitution and laws of the Commonwealth
and such additional powers and duties as may be authorized by this bylaw, special act
or by other Town meeting vote. The Select Board shall cause the laws and orders of the
government of the Town to be enforced and shall cause a record of its official acts to be
maintained. The Select Board shall be the chief policy making board of the Town and
shall act by the issuance of policy statements and guidelines to be followed and
implemented by Town agencies serving under the Board. CHARTER MAY REPHRASE
THE FOREGOING BUT NO CHANGE IN SUBSTANCE IS INTENDED.
(2) The Select Board shall be the licensing authority of the Town and shall have the
power to issue licenses, to make all necessary rules and regulations regarding the
issuance of said licenses and to attach such conditions and restrictions thereto as it
deems to be in the public interest, and to enforce the laws relating to all business for
which it issues licenses. Select Board is seeking ability to delegate licensing
authority for specific types of licenses, e.g., one-day licenses.
(3) The Select Board shall be primarily responsible for the preparation of the Town's
long range plan and shall develop strategies to incorporate the plan into policies for the
effective management of the Town. REVISE THIS TO REFLECT CURRENT
PRACTICE.
(4) To aid the Select Board in the conduct of its official business and duties, the
Select Board shall appoint a Town Administrator. CHARTER MAY REPHRASE
THE FOREGOING BUT NO CHANGE IN SUBSTANCE IS INTENDED.
C. Appointment powers. The Select Board shall appoint a Town Administrator, a Town
Counsel, a Town Clerk, a Personnel Committee, a Board of Water Commissioners, a
Police Chief and a Fire Chief and the Director of Operations of the Captains Golf
Course. The Select Board shall also actively recruit and appoint all boards, committees
and commissions except as otherwise provided by this bylaw, the General Laws, special
act or other vote of the Town meeting and such other regional authorities, districts or
committees in accordance with any applicable laws or interlocal agreement. The Select
Board may appoint ad hoc committees as it deems necessary. (emphasis added)
BREWSTER TOWN CHARTER FRAMEWORK
CHARTER TO CHANGE:
Change hiring and direct reporting of town clerk to town administrator, changing
hiring of director of operations of the Captains Golf Course to town administrator.
For hiring all employees in police dept. and fire dept. (other than the chiefs),
police chief and fire chief each provides recommendation to town administrator
(who would be in an advise and consent role). This would eliminate need for
select board to reappoint police personnel as is currently happening.
Remove personnel committee, which is consistent with DOR report.
Town administrator to be responsible for all contract negotiations with town
employees, except schools.
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 4
TOWN ADMINISTRATION
(as approved at 2/7/20 meeting)
I. Start with Sandwich Charter ARTICLE V and adopt tracked changes, which
are subject to Town Counsel’s input Appendix A.
II. Include POWER TO REORGANIZE in accordance with Brewster Bylaws
Article 1, §5-6 where intent should be kept but text of “after due notice and
public hearing” should be given meaning and/or the proper legal threshold. for
Town Counsel’s input. For reference, annotated Town Administrator
Brewster Bylaws are in Appendix B.
III. ADD THE FOLLOWING NEW ASPECTS for Town Counsel’s input:
(1) Need structure for complaints/whistleblower.
(2) HIRING PROCESS:
Where to include HR function and inclusion in hiring process?
Require town administrator to certify that select board hiring policies
have been followed (e.g., Mashpee)? Can allow for human
resources/select board policy to conduct background checks. Can put
specifics of hiring into bylaws or select board policies.
(3) Ensure there is a section regarding town administrator should be
responsible for the management and development of the financial
forecast, annual operating budget and capital improvement plan, with
some policy direction by the select board and finance committee.
IV. Summary of Town Administrator Role is in Appendix C.
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX A – FROM SANDWICH CHARTER with tracked changes
ARTICLE V
TOWN ADMINISTRATION
Section 5.1 CHIEF ADMINISTRATIVE OFFICER
Section 5.1.1 APPOINTMENT AND QUALIFICATIONS
The select board shall by majority vote of the entire board appoint a chief administrative
officer. The method of selection shall be left to the discretion of the select board so long
as the method of selection insures orderly, nonpartisan action toward securing a
competent and qualified person to fill the position. The chief administrative officer shall
be chosen solely upon the basis of the individual’s administrative and administrative
training, education, experience and ability and need not, when appointed, be a resident
of the town of Brewster; provided however, that the chief administrative officer shall
establish such residence within 12 months following the effective date of appointment
and provided further that the select board may, by a super-majority vote (4 of 5) of all
members of the select board then in office, extend to a time certain the time for
establishing residence or waive this requirement in its entirety. The chief administrative
officer shall be bonded at town expense.
Section 5.1.2 COMPENSATION
The chief administrative officer shall receive compensation as may be fixed by the
select board according to the chief administrative officer’s expertise, education and
training. Any contract between the select board and the chief administrative officer shall
be made pursuant to section 108N of chapter 41 of the General Laws.
Section 5.1.3 TERM AND REMOVAL
The chief administrative officer may be appointed for a definite term, but may be
removed at the discretion of the select board by vote of the majority of the entire board.
The action of the select board in suspending or removing the chief administrative officer
shall be final. It is the intention of this charter to invest all authority and fix all
responsibilities of such suspension or removal in the select board .
Section 5.1.4 POWERS AND DUTIES
The chief administrative officer shall be responsible to the select board for the proper
administration of all the affairs of the town consistent with the General Laws and this
charter, and shall:
(a) appoint for a term of years or, at the chief administrative officer’s discretion, for an
unlimited period, all town employees, including civil service positions, not otherwise
BREWSTER TOWN CHARTER FRAMEWORK
addressed herein, but excluding employees of the school department, provided,
however, that the Chief Administrative Officer shall:
i. Act upon recommendations from the Police Chief and the Fire Chief
respectively, for appointment of employees of the Police and Fire
Departments:
ii. Consult with appropriate department head or multiple-member body for
appointment of employees of other departments or multiple-member
bodies.
(b) supervise, discipline, suspend or remove all appointed department heads and
employees and organize and structure all town departments accordingly;
(c) administer and enforce the General Laws or special acts of the commonwealth or
town by-laws and all regulations established by the select board;
(d) coordinate activities of all town departments;
(e) attend all sessions of the town meeting and answer all questions addressed to the
chief administrative officer which are related to the warrant articles and to matters under
the general supervision of the chief administrative officer;
(f) keep the select board fully informed as to the needs of the town and recommend to
the select board for adoption such measures requiring action by the board or by the
town as the chief administrative officer deems necessary or expedient;
(g) ensure that complete and full records of the financial and administrative activity of
the town are maintained and render reports to the select board as may be required;
(h) be responsible for the rental, use, maintenance, repair and the development of a
comprehensive maintenance program for all town facilities;
(i) serve as the chief procurement officer and be responsible for the purchase of all
supplies, materials, and equipment, approve the award and execute all such contracts;
provided, however that any contract over $1,000,000 shall require approval by the
select board;
(j) develop and maintain a formal and complete inventory of all town-owned real and
personal property and equipment;
(k) propose personnel policies for approval by the Select Board and administer all
personnel policies, practices, rules and regulations, any compensation plan and any
related matters for all municipal employees and administer all collective bargaining
agreements entered into by the town;
BREWSTER TOWN CHARTER FRAMEWORK
(l) fix the compensation of all town employees and officers appointed by the chief
administrative officer within the limits established by appropriation and any applicable
compensation plan and collective bargaining agreements;
(m) be responsible for the negotiation of all contracts with town employees regarding
wages and other terms and conditions of employment, except employees of the school
department. The chief administrative officer may, subject to the approval of the select
board, employ special counsel to assist in the performance of these duties. Collective
bargaining agreements shall be subject to the approval of the select board;
(n) be responsible for the preparation and development of the financial forecast, annual
operating budget and capital improvement plan, consistent with guidance provided by
the Select Board and Finance Committee, and prepare and submit to the select board
and finance committee such budget and plan as provided in paragraph (b) of section 7.1
of this charter, and be responsible for the administration of such budget and plan after
its adoption;
(o) keep the select board and the finance committee fully informed as to the financial
condition of the town and make recommendations to the select board;
(p) prepare and submit to the select board at the end of the fiscal year a
comprehensive report on the finances and the activities and operations of all
departments, boards and committees of the town;
(q) investigate or inquire into the affairs of any town department or office;
(r) have full authority to act on behalf of the town during emergencies, including
direction of town personnel, declaring states of emergency, opening the emergency
operations center and shelters and the emergency expenditure of funds, and to
delegate such responsibility by appointing an emergency management director who is a
town employee duly trained in public safety, and a deputy emergency management
director to assist the emergency management director and to assume the duties of the
emergency management director in their absence;
(s) delegate, authorize or direct any subordinate or employee in the town to exercise
any power, duty, or responsibility that the office of chief administrative officer may
exercise, provided, that all acts performed under such delegation shall be deemed the
acts of the chief administrative officer; and
(t) perform such other duties as necessary or as may be assigned by this charter, town
by-law, town meeting vote, or vote of the select board.
Section 5.1.5 ACTING CHIEF ADMINISTRATIVE OFFICER
The town administrator shall appoint as acting town administrator a town employee who
shall perform the duties of the town administrator in the town administrator’s absence. In
BREWSTER TOWN CHARTER FRAMEWORK
the event of long-term disability or absence exceeding two weeks, or the resignation,
termination or vacancy in the office of Chief Administrative Officer, the select board shall
appoint an acting chief administrative officer for the duration of any such disability or
until appointment of a permanent chief administrative officer . No member of the select
board shall serve as acting chief administrative officer.
Section 5.2 TOWN COUNSEL
The select board shall appoint a competent and duly qualified and licensed attorney
practicing in the commonwealth to be the counsel for the town. Town counsel shall
receive such compensation for services as may be fixed by the select board and shall
hold office at the pleasure of the board. The town counsel shall be the legal adviser of
all of the offices and departments of the town and shall represent the town in all
litigation and legal proceedings; provided however, that the select board may retain
special counsel at any time the board deems appropriate and necessary. The town
counsel shall review and concur or dissent upon all documents, contracts and legal
instruments in which the town may have an interest. The town counsel shall perform
other duties prescribed by this charter, town by-law or as directed by the select board .
No employee, committee or board, elected or appointed, other than the select board ,
shall contact or otherwise interact with the town or labor counsel in a manner
inconsistent with the policy relative to access to counsel established by the select
board. This provision shall not limit the school committee from retaining its own legal
counsel.
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX B – Annotated Brewster Bylaws
§ 5-5. Administrative Officer/Town Administrator.
A. Appointment, qualifications of Town Administrator. The Select Board shall appoint a
Town Administrator who shall serve at the pleasure of the Board and may enter into a
contract under Massachusetts General Laws C. 41, § 108N. The Town Administrator
shall be especially fitted by education, training and experience in public or business
administration to perform the duties of the office. Any vacancy in the office of Town
Administrator shall be filled as soon as possible by the Select Board. Pending the
appointment of a Town Administrator or the filling of a vacancy, the Select Board shall
appoint a suitable person to perform the duties of the office. In the event of the
temporary absence or disability of the Town Administrator, the Select Board may
designate a qualified person to serve as acting Town Administrator during such
temporary absence or disability. The Town Administrator shall receive such
compensation for services as the Select Board shall determine, but such compensation
shall not exceed the amount appropriated therefor by the Town. FINAL SCOPE OF
TOWN ADMINISTRATOR AUTHORITY WILL BE IMPACTED BY CHARTER.
B. General responsibilities of the Town Administrator. The Town Administrator shall be
the chief administrative officer of the Town, shall act as the agent for the Select Board
and shall be responsible to the Select Board for the proper operation of Town affairs for
which the Town Administrator is given responsibility under this bylaw. The Town
Administrator, under the authority of the Select Board, shall supervise, direct and be
responsible for the efficient administration of all officers appointed by the Town
Administrator and their respective departments and of all functions for which the Town
Administrator is given responsibility, authority or control by act, by bylaw, by Town
meeting vote or by vote of the Select Board. The Town Administrator shall have the
power to delegate, authorize or direct any subordinate or employee of the Town to
exercise any power, duty or responsibility which the office of Town Administrator is
authorized to exercise under this bylaw. All actions that are performed under such
delegation shall be deemed to be the actions of the Town Administrator. SUMMARY OF
CHANGES TO HIRING AUTHORITY OF TOWN ADMINISTRATOR IS PROVIDED
SEPARATELY.
C. Appointment responsibilities. Except as otherwise provided by this bylaw, the Town
Administrator, under the authority of the Select Board, shall appoint, based upon merit
and fitness alone, a Town Accountant, a Deputy Assessor, a Treasurer/Collector, a
Building Commissioner, a Superintendent of Public Works and all department
heads and officers, subordinates and employees under the direct supervision of the
Town Administrator, and officers, subordinates and employees for whom no other
method of selection is provided in this bylaw, except employees of the School
Department, Police Department and Fire Department. CHANGING HIRING
AUTHORITY OF TOWN ADMINISTRATOR TO ALL EMPLOYEES (not limited to
bolded list) EXCEPT FOR FIRE CHIEF, POLICE CHIEF, AND SCHOOL
DEPARTMENT.
BREWSTER TOWN CHARTER FRAMEWORK
-CHARTER TO CONTINUE HISTORIC PRACTICE OF DEPUTY ASSESSOR
APPOINTED BY TOWN ADMINISTRATOR.
WHY? THIS RESOLVES CONFLICT WITH MA GENERAL LAWS WHERE BOARD OF
ASSESSORS HAS POWER TO APPOINT DEPUTY ASSESSOR.
-CHARTER TO CONTINUE HISTORIC PRACTICE OF TOWN PLANNER
APPOINTED BY TOWN ADMINISTRATOR.
WHY? THIS RESOLVES CONFLICT WITH MA GENERAL LAWS WHERE PLANNING
BOARD HAS AUTHORITY TO EMPLOY EXPERTS.
-CHARTER TO INCLUDE INDEFINITE APPOINTMENT OF
TREASURER/COLLECTOR BY TOWN ADMINISTRATOR WHOSE
APPOINTMENT IS NOW 3 YEARS/RENEWABLE UNDER BREWSTER
BYLAWS A295-1 SPECIAL LEGISLATION.
-CHARTER TO INCLUDE INDEFINITE APPOINTMENT OF FINANCE
DIRECTOR BY TOWN ADMINISTRATOR WHOSE APPOINTMENT IS NOW
3 YEARS/RENEWABLE UNDER BREWSTER BYLAWS IV.§21-9.B.
WHY? RELY ON PERSONNEL BYLAWS AND ELIMINATE DIFFERENCE BETWEEN
APPOINTMENT OF TREASURER/COLLECTOR AND FINANCE DIRECTOR
POSITIONS AND TOWN CLERK AND WATER COMMISSIONER.
D. Personnel management responsibilities.
(1) The personnel management powers, duties and responsibilities of the Town
Administrator shall include, but not intended to be limited to, the following:
(a) To administer personnel policies and any related matters for all municipal
employees, by adopting appropriate practices, rules or regulations and to administer all
collective bargaining agreements, except those relating to school employees, entered
into by the Town.
(b) To fix compensation of all Town employees and officers appointed by the Town
Administrator within the limits established by appropriation and any applicable
compensation plan, personnel bylaw and/or collective bargaining agreements. The
personnel bylaw in effect on the effective date of this bylaw shall remain in effect to the
extent it is consistent with the provisions of this bylaw.
(c) To be responsible for the negotiation, subject to the approval of the Select Board, of
all contracts with Town employees over wages and other terms and conditions of
employment, except employees of the School Department. The Town Administrator
may, subject to the approval of the Select Board, employ special counsel to assist in the
performance of these duties.
CHARTER MAY REPHRASE SECTION D.(1)(a)-(c) AND/OR MAKE CONSISTENT
WITH TITLE CHANGES OR PROVISIONS OF OTHER CHAPTERS BUT NO
CHANGE IN SUBSTANCE IS INTENDED.
(2) To assist the Town Administrator in carrying out these duties, the Select Board
shall appoint a Personnel Committee which shall serve in an advisory capacity to the
Town. THIS CLAUSE BEING DELETED.
E. Financial management responsibilities. The Town Administrator, with the assistance
of the Town Accountant, the Treasurer/Collector and the Deputy Assessor, shall be
BREWSTER TOWN CHARTER FRAMEWORK
responsible for the financial management function of the Town, unless otherwise
provided by this bylaw. Such functions shall include, but are not intended to be limited
to, the following:
(1) To prepare and submit to the Select Board and the Finance Committee after
consultation with all Town departments an annual operating budget and capital
improvement program for all Town departments.
(2) To ensure that complete and full records of the financial and administrative activity of
the Town are maintained and to render reports to the Select Board as may be required.
(3) To be responsible for the purchase of all supplies, materials and equipment, except
books and other educational materials for schools and books and other media materials
for libraries. The Town Administrator shall serve as chief procurement office for the Town
and shall approve the award of all contracts for all Town departments with the exception
of the School Committee.
(4) To keep the Select Board and the Finance Committee fully informed as to the
financial condition of the Town and to make recommendations to the Select Board and
to other elected and appointed officials as the Town Administrator deems necessary or
expedient.
(5) To prepare, annually, a financial forecast of Town revenues, expenditures and the
general financial condition of the Town. Long-range forecasts will be provided to the
Select Board when requested.
CHARTER MAY REPHRASE THE FOREGOING AND/OR MAKE CONSISTENT WITH
TITLE CHANGES OR PROVISIONS OF OTHER CHAPTERS BUT NO CHANGE IN
SUBSTANCE IS INTENDED.
F. Administrative responsibilities. The administrative powers, duties and responsibilities
of the Town Administrator shall include, but are not intended to be limited to, the
following:
(1) To attend all regular and special meetings of the Select Board, unless excused.
(2) To attend all sessions of the Town meeting and to answer all questions addressed to
the Town Administrator which are related to the warrant articles and to matters under
the general supervision of the Town Administrator.
(3) To administer either directly or through a person or persons supervised by the Town
Administrator, in accordance with this bylaw, provisions of general or special laws,
bylaws and other votes of the Town meeting.
(4) To investigate or inquire into the affairs of any Town department or office under the
supervision of the Town Administrator.
(5) To coordinate activities of all Town departments, officers, boards or commissions of
the Town.
(6) To keep the Select Board fully informed as to the needs of the Town requiring action
by the Town or as the Town Administrator deems necessary or expedient.
(7) To be responsible for the efficient use, maintenance and repair of all Town facilities,
except those under the jurisdiction of the School Committee, the Police Chief or the Fire
Chief.
(8) To develop and maintain a full and complete inventory of all Town-owned real and
personal property.
BREWSTER TOWN CHARTER FRAMEWORK
(9) To perform such other duties as necessary or as may be assigned by this bylaw,
Town meeting vote, act or vote of the Select Board.
CHARTER MAY REPHRASE THE FOREGOING AND/OR MAKE CONSISTENT WITH
TITLE CHANGES OR PROVISIONS OF OTHER CHAPTERS BUT NO CHANGE IN
SUBSTANCE IS INTENDED.
ARTICLE II POWER TO REORGANIZE
§ 5-6 Authority of Town Administrator.
The Town Administrator may, after due notice and public hearing, reorganize,
consolidate or abolish, create, merge or divide, alter the term of office or the manner of
selection of any Town department, office, agency or function under the jurisdiction of the
Town Administrator. No changes undertaken under the authority of this bylaw shall
violate any provision of state law. IN VIEW OF BOLDED TEXT TO DETERMINE WHAT
LEGAL TRESHOLD IS NEEDED FOR THIS CLAUSE AND INCOPORATE AS
APPROPRIATE.
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX C - SUMMARY of TOWN ADMINISTRATOR ROLE
MEMORIALIZING EXISTING
PRACTICE
Adopt historic practice of deputy
assessor appointment by town
administrator (overrides MGL Ch 41
Sec 25A, which gives the board of
assessors the appointment authority).
Adopt historic practice of town planner
appointment by town administrator
(overrides MGL Ch 41 Sec 81a, which
gives the planning board authority to
employ experts).
Adopt historic practice of assistant
town administrator(s) appointment by
town administrator.
Continuing with treasurer/tax collector,
deputy assessor, director of IT all
direct reports to town administrator
(changes of Article IV Dept. of
Municipal Finance, §21-9C, which was
adopted in Spring 2017 and adopts
some of DOR report).
CHANGES RELATIVE TO EXISTING
PRACTICE
Town administrator to have all
authority to hire, supervise, discipline,
and terminate all town employees
except for police chief, fire chief, and
employees of the school department.
o Changes current hiring practices for:
town clerk, assistant town clerk,
health director, director of golf
operations.
For police chief and fire chief, town
administrator provides
recommendation to select board (in an
advise and consent role).
For all other employees in police dept.
and fire dept., police chief and fire
chief each provides recommendation
to town administrator (in an advise and
consent role).
For department employees, town
administrator SHALL consult with
respective department heads, boards,
and/or commissions for input.
Including treasurer/tax collector
appointment in the charter by town
administrator without reference to
duration will repeal/nullify the 1989
A295-1 Special Legislation that
imposes three year terms.
Remove duration of appointment of
finance director, which changes Article
IV Dept. of Municipal Finance, §21-9 B
Changing hiring authority from town
clerk to town administrator for
assistant town clerk overrides MGL.
Changing hiring authority from select
board to town administrator for director
of golf operations changes §5-3.C.
New – emergency management
responsibilities
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 5
TOWN BOARDS/COMMISSIONS/COMMITTEES
(2/3/20)
I. Start with Brewster bylaws “§ 5-4. Elected Town officers”, see annotated bylaws,
Appendix A.
II. ADD IN SANDWICH § 4.7(a) and (c), see Appendix B
For Town Counsel: What options do we have for the phrase “In the event an
appointed board or committee member misses 3 consecutive meetings
without the permission of the chair, the chair shall notify the board of
selectmen, which may, after opportunity for a hearing, deem such position to
be vacant.” in SANDWICH § 4.7(c)?
OR for Town Counsel: What is suggested about incorporating a Code of
Conduct for all BOARDS/COMMISSIONS/COMMITTEES?
III. ADD IN “BOARDS AND COMMISSIONS APPOINTED BY MODERATOR” as
adapted from approved version by Charter Committee on 12/13/19, see Appendix C.
IV. ADD IN WATER COMMISSIONERS SECTION to be determined.
V. NEW
For Town Counsel: Include a section for basic duties of all
boards/committees/commissions. Include a charge/scope for each
board/committee/commission in the charter. What other
boards/committees/commissions to include?
BREWSTER TOWN CHARTER FRAMEWORK
APPENDIX A –ANNOTATED BREWSTER BYLAWS
§ 5-1. Elected Town Officers.
The registered voters of the Town of Brewster shall, in accordance with any applicable
laws, bylaws, voters of the Town or interlocal agreement, continue to elect the following:
A. Moderator for a 3 year term;
B. Select Board of 5 members, each for a 3 year term;
C. Brewster School Committee of five members, each for a 3 year term;
D. Representatives to the Nauset School District Committee, as the Regional School
Agreement shall authorize;
E. Board of Health of five members, each for a 3 year term; provided, however, that the
board of health may request that the Select Board appoint, from amongst those
candidates recommended by the Board of Health, not more than 2 alternate members
of the board for 2 year terms who may participate in a particular matter if so authorized
by the chair of the Board of Health in the event of a conflict, absence or vacancy on the
board;
F. Planning Board of seven members; BASED ON INPUT FROM PLANNING BOARD,
CONSIDERING CHANGING THE TERMS BY EITHER: (a) ALL 7 MEMBERS
CHANGE TO 4 YEARS TERMS INSTEAD OF 5 or (b) HYBRID OF: 2 MEMBERS
WOULD HAVE TERMS OF 3 YEARS (and 5 MEMBERS WOULD STAY WITH A
TERM OF 5 YEARS).
WHY? BALANCE OF TIME IT TAKES TO COME UP TO SPEED ON TECHNICAL ASPECTS
OF POSITION WITH POTENTIAL BARRIER TO COMMITMENT OF 5 YEAR TERM TO RUN
FOR POSITION.
G. Recreation Commission of 5 members for 3 year terms;
H. Historic District Committee of 5 members, with 4 elected members and 1 member
appointed by the Select Board, each for a 3 year term;
I. Housing Authority of five members, with members to be elected or appointed in
accordance with requirements of state law.
5-2 Appointed Boards and Committees
5-2-1 General Authority
BREWSTER TOWN CHARTER FRAMEWORK
Additional boards and committees may be created by adoption of bylaws, votes of town
meeting, or votes of the Select Board. A list of any such boards and committees,
specifying the number of members, terms of office, if any, and listing their charges, shall
be maintained in the office of the Town Clerk.
5-2-2 Committee Charge
Each board or committee set forth in Sections 5-1 and any created under Section 5-2-1
shall be organized and charged with, as applicable, the powers and duties specified in
the General Laws and special acts of the commonwealth, town by-laws, town meeting
vote, vote of the Select Board, or otherwise as provided elsewhere in this charter.
5-2-3 Committee Organization and Report
Each board or committee shall, at its first meeting following the annual town election,
elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to
be notified of its selection. All boards and committees created under Section 5 of this
Charter, or pursuant to a bylaw, shall make a written annual report of their activities to
the select board.
5-2-4 Resignation from Committee
No resignation of any elected town officer under Section 5-1, and any other appointed
committee created by this charter or by bylaw, including members of a board or
committee, shall be deemed effective unless and until such resignation is filed with the
town clerk or at such later time certain as may be specified in such resignation. In the
event an appointed board or committee member misses 3 consecutive meetings
without the permission of the chair, the chair shall notify the board of selectmen,
which may, after opportunity for a hearing, deem such position to be vacant.
Town Counsel’s input being requested
5-3 Moderator Appointments
5-3-1. Finance Committee; Establishment; membership.
There shall be a Finance Committee appointed by the Town Moderator consisting of nine residents of
the Town who shall serve without pay and who shall hold no other Town office or employment, each
of whom shall serve a three year term beginning on July 1 and terminating on June 30 of the third year
following appointment. Any member of the Finance Committee may be removed at the Moderator’s
discretion after written notice and the opportunity for a hearing. Vacancies on the Committee shall be
filled by the Moderator for the remainder of the original term.
5-3-2. Duties.
The Finance Committee shall consider all the articles in any town meeting warrant, and report to town
meeting its recommendations by posting the same on the Town website, and in any other manner it
deems appropriate. Following the drawing up of the warrant for a town meeting, the Select Board
BREWSTER TOWN CHARTER FRAMEWORK
shall forthwith forward the same to the members of the finance committee. The Finance Committee
shall annually prepare for the annual town meeting a comprehensive summary of the current condition
of the Town’s finances.
To carry out these duties, the Finance Committee shall have authority to investigate the books,
accounts and management of any department of the Town.
The Finance Committee will prepare a comprehensive summary of the current
condition of the Town’s finances to be presented by the Finance Committee to the
voters at the annual town meeting.
[TO BE DETERMINED] SECTION 4 CAPE COD TECHNICAL SCHOOL COMMITTEE
I. SOURCE
(from Westwood Town Charter)
(1/16/20)
CHAPTER 7
BOARDS AND COMMISSIONS APPOINTED BY MODERATOR
SECTION 1 Moderator's Power of Appointment
7-1-1. The moderator shall have the power to appoint members of those boards and
commissions authorized under this chapter. Appointments made by the moderator shall in
each instance be for a fixed term and such appointments shall not be subject to review or
confirmation by any other person or group.
SECTION 2 Power to Rescind Appointments
7-2-1. The moderator may rescind any appointment to any board or commission made under
the authority of this chapter; provided, however, that the appointee shall first have been
served with a written notice of the moderator's intention and the moderator's reasons for
rescinding the appointment.
Section 3 Finance Committee (source https://ecode360.com/7605744)
II. WHAT CHANGES ARE NEEDED FOR DRAFT BREWSTER TOWN
CHARTER?
Retain the title “Finance Committee”
At the end of “Duties” section, add “The Finance Committee will prepare a
comprehensive summary of the current condition of the Town’s finances to be
presented by the Finance Committee to the voters at the annual town meeting.” This
memorializes historic practice.
III. WHAT ARE THE DIFFERENCES RELATIVE TO CURRENT
PRACTICE/BYLAW/STATUTE?
None
IV. WHAT POLICY QUESTIONS REMAIN OPEN, IF ANY?
None
Chapter 7 Finance Committee
7-1. Establishment; membership.
There shall be a Finance Committee appointed by the Town Moderator consisting of nine residents of
the Town who shall serve without pay and who shall hold no other Town office or employment, each
of whom shall serve a three year term beginning on July 1 and terminating on June 30 of the third year
following appointment. Vacancies on the Committee shall be filled by the Moderator for the remainder
of the original term.
7-2. Duties.
The Finance Committee shall consider all the articles in any town meeting warrant, and report to town
meeting its recommendations by posting the same on the Town website, and in any other manner it
deems appropriate. Following the drawing up of the warrant for a town meeting, the Select Board
shall forthwith forward the same to the members of the finance committee. The Finance Committee
shall annually prepare for the annual town meeting a comprehensive summary of the current condition
of the Town’s finances.
To carry out these duties, the Finance Committee shall have authority to investigate the books,
accounts and management of any department of the Town.
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 8
TOWN BYLAWS
(as approved at 11/15/19 meeting)
I. SOURCE
Start with WESTWOOD CHAPTER 10
II. WHAT CHANGES ARE NEEDED FOR DRAFT BREWSTER TOWN
CHARTER?
Frequency of bylaws review should be every 10 years, in years ending in
“5” (which is off-set from the Charter review of every 10 years in years
ending in “0”).
III. WHAT ARE THE DIFFERENCES RELATIVE TO CURRENT
PRACTICE/BYLAW/STATUTE?
This would all be new. Not aware of any existing bylaws or policies.
IV. WHAT POLICY QUESTIONS REMAIN OPEN, IF ANY?
None
BREWSTER TOWN CHARTER FRAMEWORK
Chapter 8 - Bylaws
8-1-1.
Town by-laws may be proposed by warrant article consistent with the General Laws and this Charter.
SECTION 2. How Adopted and Revised
8-2-1.
Adoption of a new town by-law or town by-law revision shall be by a two-thirds vote of those voting
at an annual or special town meeting.
SECTION 3. Revision and Publication
8-3-1.
The board of selectmen shall ensure that the town by-laws are reviewed and prepared for any
necessary revision at least every 10 years.
8-3-2.
The town clerk shall codify and republish the town by-laws from time to time as may be reasonable
and shall be posted on the Town website.
SECTION 4. Continuation of Laws
8-4-1.
All special acts, town by-laws, town meeting resolutions, rules and regulations of the town in force
at the time this charter takes effect, not inconsistent with this charter, shall continue in force.
BREWSTER TOWN CHARTER FRAMEWORK
CHAPTER 9
CHARTER REVISIONS
(as approved at 11/15/19 meeting)
I. SOURCE
Start with WESTWOOD CHAPTER 12
II. WHAT CHANGES ARE NEEDED FOR DRAFT BREWSTER TOWN
CHARTER?
Add “in years ending in ‘0’” after “once every 10 years”
III. WHAT ARE THE DIFFERENCES RELATIVE TO CURRENT
PRACTICE/BYLAW/STATUTE?
NONE.
IV. WHAT POLICY QUESTIONS REMAIN OPEN, IF ANY?
Confirmed size of committee should be no fewer than 5 and not more than
9 and appointed by Select Board.
BREWSTER TOWN CHARTER FRAMEWORK
SECTION 9-1. Proposal of Amendments.
9-1-1. Amendments to this charter relating in any way to the composition, mode of election or
appointment or terms of office of the legislative body, select board or the chief administrative officer
may be proposed only by a charter commission elected under the General Laws, or proposed pursuant
to special legislation as otherwise authorized by the Massachusetts constitution.
9-1-2. Amendments to the charter relating to other matters may be proposed by a two-thirds vote at
a duly called town meeting under the General Laws, and then approval at the polls, or proposed
pursuant to special legislation as otherwise authorized by the Massachusetts constitution.
SECTION 2. Periodic Review
12-2-1.
The select board shall appoint a committee of no fewer than 5 nor more than 9 members to review
the charter not less than once every 10 years, in years ending in “0”, to review the Town Charter and
provide recommendations to a subsequent town meeting with respect to such review.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 01-17-20
Page 1 of 3
Office of:
Select Board
Town Administrator
MINUTES OF THE CHARTER COMMITTEE MEETING
DATE: January 17, 2020
TIME: 9:00 AM
PLACE: Brewster Town Office Building, 2198 Main Street
PRESENT: Town Administrator Peter Lombardi, Richard Koch, Karen Whitney, Charlie Sumner, William Meehan,
Cindy Bingham
ABSENT: Colette Williams
Call to Order
Chair Whitney called the meeting to order at 9:02 am.
Public Comment
No discussion
Discuss Water Commissioners Role
Mr. Lombardi addressed the committee and informed them that Ms. Williams spoke to the Water
Superintendent. They have intentions of changing to a full enterprise fund in FY21. They are reviewing their
roles in the process, and who determines the water rates. Ms. Williams researched a special act that had
been adopted by the town historically. Mr. Lombardi reviewed those acts with the committee. It doesn’t
appear that the authority to act as Water Commission was retained by the Select Board when the Water
Commission was set up, and therefore their authority was passed on to them. They oversee what the water
department does. This is not practice, but is what is stipulated by language. Legal will review the documents
and provide clarity. Mr. Lombardi would like to bring in the Water Superintendent and Water Commission
for a discussion following legal feedback. They would like clarity in their roles. They have historically
approved and set the rates. Mr. Sumner feels there has always been a good relationship with the Water
Commission, the Select Board and Town Administrator. In the past the water rate has reflected true costs of
operating the department. It was agreed upon that their authority should be clarified in the Charter.
Review and Vote on Draft Charter Chapter Frameworks by Committee Members
The frameworks for Chapter 4, CAO, has been revised since the last meeting. There are still open questions
highlighted for legal counsel. The Select Board meeting on January 27, 2020 will hopefully answer additional
questions. Section 2 was intended to capture the committee’s previous discussion. Chair Whitney asked the
committee if there were any additional subsections they wished to add to the chapter. Mr. Koch recalled
discussing changing the title CAO to Town Administrator. He also would like to include the hiring process by
the Town Administrator of staff, with final approval by the Select Board. That topic is in the “questions for
the Select Board” paragraph. They would want to clarify that the collective bargaining agreements would be
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 01-17-20
Page 2 of 3
Office of:
Select Board
Town Administrator
subject to the Select Board approval. Mr. Koch feels the practice has varied a great deal over the years. He
would like to codify the practice for all unions. Mr. Koch would like the committee to recommend their
version of the Charter to the Select Board as opposed to having additional inputs considered. Mr. Koch
moved to have the section M of Sandwich charter to recommendations, from questions. Mr Lombardi
second for discussion. Mr. Sumner thinks the hiring process being centralized and standardized is a very
significant part of the Charter process. Mr. Koch withdrew his motion to approve the chapter in its entirety.
Town counsel advised the committee to not label the role of the current town administrator. There was a
prior vote to change it to CAO at a past meeting. Mr. Koch feels the term CAO looks foreign to the
community, and thinks retaining the Town Administrator title would keep it familiar to the public. Mr.
Sumner was not at the meeting for the title discussion. This is not supposed to be the actual decided title,
but a holding spot. Ms. Bingham quoted from the current Brewster Bylaws notes that the Town
Administrator is the CAO. Ms. Bingham asked what the movement is for towns to title this position. There is
only 1 CAO in the state, in a community where a single person is in charge of two towns that had conflicting
titles. It doesn’t matter what you call the position, as it is defined by the powers. After reviewing what the
residency requirements are for Town Managers positions, there are no residency requirements for any other
town administrators, as the Town Manager title typically has greater authority than the Town Administrator.
Residency requirements were further discussed. The Police Chief and Fire Chief the CAO would provide
recommendation to the Select Board for staff hires, as an for advise and consent model. Each Chief would
provide their recommendations to the Town Administrator for his/her advise and consent model. Mr. Koch
asked for town counsel opinion on if reappointments for police officers are needed. Mr. Lombardi asked if
the default was to existing bylaws or the Sandwich Charter if anything was not specifically called out. Chair
Whitney and Ms. Bingham interpreted it to default to existing Brewster bylaws, and Mr. Koch would like it to
default to Sandwich bylaws as they are clean and have been developed. It will help to review the existing
bylaws for presenting what will be changed by the Charter. Mr. Meehan feels it would be a cause for concern
if the title was changed from Town Administrator to Town Manager to the public. Mr. Koch made the motion
to remove CAO and replace it with Town Administrator, Mr Meehan second. The committee voted 6-Yes 0-
No. Mr. Koch made the motion to use the Sandwich Charter as the default, with the change from Town
Manager to Town Administrator. Mr. Meehan second. The committee voted 6-Yes 0-No. Mr. Lombardi
clarified that the personnel committee would formally dissolve. If using Sandwich, Chapter N, discusses being
able to transfer between line items in their accounting, this has not been discussed by the group previously.
Mr. Meehan made a motion to remove the paragraph following the first sentence. Mr. Koch second. The
committee voted 6-Yes 0-No. Brewster bylaw section e-5 mentions preparing a financial forecast, Sandwich
does not. This should be explicitly added in the Town Administrator chapter. Mr. Koch moved the entire
framework of chapter, Mr. Meehan second. The Committee voted 6-Yes 0-No. The Departments, Chapter 6,
was still in draft form. It was not voted on due to outstanding questions.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 01-17-20
Page 3 of 3
Office of:
Select Board
Town Administrator
Discuss Open Questions to Present to Select Board and Agenda for January 27, 2020 Meeting
Things to talk about with the Select Board would be the Charter Committee’s recommendation to not send
the Charter to the ballot, the chief executive function of the Select Board including licensing and appointing
powers. The Committee considered the licensing function and the approval of one day licenses to be allowed
as a Town Administration function. Major licenses would stay under the Select Board authority. The draft
chapters 3, Select Board, 4, Town Administrator, and 5, Boards and Committees were reviewed by the
Charter Committee. Language in regards to long range planning and the inclusion of the Select Board and
hiring authority need additional clarification from legal counsel.
Discuss Communication Plan
Chair Whitney will be recording a public service announcement. She attended the Brewster Democratic
Committee meeting last week. One of the questions referred to elected vs appointed boards, and there was
discussion to refer the question of election process to legal counsel.
Review, Discuss and Approve January 3, 2020 Meeting Minutes
Chair Whitney submitted changes for the draft minutes. Mr. Meehan moved to approve the meeting minutes
as amended, Ms. Bingham second. The committee voted 5-Yes 0-No. Mr. Lombardi asked to include specific
language in the Town Administrator chapter around hiring authority; that the relevant department head,
board or committee will be involved in the process.
Topics Not Reasonably Anticipated by Chair
Peter Johnson was at the democratic committee meeting, and felt that Chair Whitney had a good
presentation for community outreach.
Future Meetings: January 27 at 6 p.m., Feb 7 and 21, 2019 at 9 a.m
Adjournment
Ms. Bingham moved to adjourn at 10:28am, Mr. Koch second. The committee voted 6-Yes 0-No.
Respectfully submitted,
Robin A Young
Approved: _______________ Signed: _______________________________________
Date
Accompanying Documents in Packet: Charter Time schedule, Chapters 4, 5, 6 and 7, draft January 2, 2020 meeting
minutes with amendments, water commissioner history information and bylaws
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 02-07-20
Page 1 of 3
Office of:
Select Board
Town Administrator
MINUTES OF THE CHARTER COMMITTEE MEETING
DATE: February 7, 2020
TIME: 9:00 AM
PLACE: Brewster Town Office Building, 2198 Main Street
PRESENT: Town Administrator Peter Lombardi, Karen Whitney, William Meehan, Cindy Bingham, Colette Williams
ABSENT: Richard Koch, Charlie Sumner, Doug Wilcock, Susan Neese-Brown
Call to Order
Chair Whitney called the meeting to order at 9:02 am.
Public Comment
No discussion
Meet with Water Commission and Water Superintendent to Discuss Current Roles and Responsibilities and
Discuss any Suggested Recommendations and/or Changes for the Charter
Cynthia Baran and Paul Anderson represented the Water Superintendent and Water Commission for a
discussion of the changes to the operation to be memorialized with the Charter. Ms. Baran called to order a
meeting of the Water Commission at 9:03am as there was a quorum of the members. The conversation of
having a separate enterprise fund for the Water department will result in more authority for the water
commission. There has been research performed and the authority of the commission was more than
previously realized. The Charter would be able to memorialize and clarify those roles and responsibilities.
Ms. Barren requested the Charter committee consider what information they would like from the Water
Commission that would add value to the discussion. Advisory versus Authority roles of the commission was
discussed, as well as the need for clarification on the funding. Under special legislation the water
commission’s authority supersedes state law. In the current draft form, Personnel/Staff would report to the
Town Administrator under the Charter and not to the Commission. There are some areas that are clear on
the commission’s role of day to day operations. Setting budgets is a grey area. Mr. Anderson presents the
budget to the commission and they have historically only reviewed it. Bonding of projects has been as an
advisory role to Town Hall staff. The creation of an enterprise fund has been a long time discussion. The
difference of having a special revenue fund or an enterprise fund needs to be had for clarity of the two.
There are different types of ways towns operate. There is no water district that would completely separate
the water from the town. He would like to see that the Water Superintendent report directly to the Town
Administrator. Rate studies are performed and presented to the public. If the water commission are
responsible for setting rates they should be responsible for approving the budget as well. In the past the last
rate change was implemented after an independent study was performed and by recommendation of the
water commission. In Orleans there is a 5% cap on rate increase before it has to be approved at town
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 02-07-20
Page 2 of 3
Office of:
Select Board
Town Administrator
meeting. The water commissioners are appointed by their Select Board in Orleans, not elected. The
commission does not favor either the special revenue account or enterprise fund, both are self-sufficient and
retain funds for future capital needs. As a formal statute needs to be adopted, and it was recommended by
the MA DOR and MA DEP to become an enterprise fund. Mr. Meehan said process of setting new rates does
not need to be included in the charter, as it is more a matter of policy. Land acquisition, who controls open
space and should water department funds would be used for purchases should be clarified. Ms. Baran would
like the opinion on all of the matters reviewed by town counsel. Water commissioners would like it written
that they have authority to set rules and policies for the water department. The water commissioners
continued their meeting to room b at 9:41am.
Review and Vote on Draft Charter Chapter Frameworks by Committee Members
The committee reviewed and discussed the draft frameworks of Chapter 3, Select Board. Mr. Lombardi asked
if they wanted to specifically call out water commissioners and board of assessors as it reads now. The
consensus was to remove the specific naming and leave it all boards, committees and commissions as
required by law. They will keep Police and Fire chief specific. Mr. Meehan moved to approve Chapter 3,
Select Board, as amended, Ms. Bingham second. The committee voted 5-Yes 0-No. Ms. Bingham moved to
approve Chapter 4, Town Administrator, Mr. Meehan second. The committee voted 5-Yes 0-No. Ms.
Bingham moved to approve Chapter 5, Town boards committees and commissions, Mr. Meehan second. The
committee decided to remove part b of hybrid option for Planning Board membership. The committee voted
5-Yes 0-No.
Discuss Proposed Submission to Town Report
Discussion of adding any language about the ballot to the report for a vote was had, and it was decided to
not include it. Ms. Bingham accepted the submission to the town report as amended, Mr. Meehan second.
The committee voted 5-Yes 0-No.
Review, Discuss and Approve January 17, 2020 Meeting Minutes
Deferred to next meeting.
Topics Not Reasonably Anticipated by Chair
Committee size on paper is a membership of 8. This will be brought to the Select Board to formally reduce
the size to 7 members as an agenda item at their next meeting.
Future Meetings: March 13 at 9 a.m., March 27 at 9 a.m.
Town council will attend a meeting on March 4th at 1pm. Mr Meehan will be available to attend remotely.
Mr. Lombardi would like all 7 members of the committee available at that meeting.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
Charter 02-07-20
Page 3 of 3
Office of:
Select Board
Town Administrator
Adjournment
Ms. Bingham moved to adjourn at 10:02am, Mr. Meehan second. The Committee voted 5-Yes 0-No.
Respectfully submitted,
Robin A Young
Approved: _______________ Signed: _______________________________________
Date
Accompanying Documents in Packet: water commission package, draft charter chapters, report of the charter
committee for the town report.