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HomeMy Public PortalAbout2021_05-13 Collins_Memo in Preparation for CRC Meeting on 2021_05-18UMASS BOSTON EDWARD J. COLLINS, JR. CENTER FOR PUBLIC MANAGEMENT JOHN W. McCORMACK GRADUATE SCHOOL OF POLICY AND GLOBAL STUDIES UNIVERSITY OF MASSACHUSETTS BOSTON Memorandum TO: Watertown Charter Review Committee FROM: The Collins Center Charter Project Team DATE: May 13, 2021 RE: Preparation for May 18 Meeting 100 Morrissey Boulevard Boston, MA 02125-3393 P: 617.287.4824 F: 617.287.5566 mccormack.umb.edu/centers/cpm collins.center@umb.edu Overview At the May 4 meeting, there was continued concern expressed about getting through items in the time remaining. There was a suggestion that the Center continue to prepare text for changes that seem non -controversial and potentially even ones that would require more debate, so that the committee could move quickly on them if there is interest after the discussions. The project team has done that here, providing about a half dozen potential text changes in both Article 2 and Article 3 for discussion. (Note that the first three items for Article 2 were identical to those provided in the prior memo.) At the same time, it is important that the committee have some time to go through each article in order to allow committee members to raise other potential topics. The challenge will be to do that it in a way that is efficient. The project team recommends allowing members to raise items of interest, but that discussions only be initiated if other members of the committee share interest in the topic. Additionally, following the interest at the last meeting, the project team is including committee members' proposed changes for article 2 and article 3 both by member and by sub -section, so that readers can choose which way they prefer. They are provided as appendices to this memo. The project team is also preparing a separate document that will contain a running list of recommendations that have arisen that are not necessarily charter issues but that are worth noting. Included in this memo: a) Plan for May 18 Meeting b) Accumulated Proposed Text Changes for Article 2 c) Initial Proposed Text Changes for Article 3 Appendix A: CRC Members' Recommendations for Article 2 (by individual) Appendix B: CRC Members' Recommendations for Article 3 (by individual) Appendix C: CRC Members' Recommendations for Article 2 (by sub -section) Appendix D: CRC Members' Recommendations for Article 3 (by sub -section) (All of these are as Received by 5/12/21) 1 a) Plan for May 18 Meeting 1. Finish discussion of council composition and vote Although the Committee voted at the last meeting to make no change to the mode of election of council president, it may be worth formally tying up the composition discussion by voting on all of the various other pieces that were raised. 2. Review language for items discussed at last two meetings and vote (see Section B) • Item 1: Add ability for council to determine its staffing needs • Item 2: Add language on council's policy -setting role and authority • Item 3: Add a state of the town and/or an annual public forum • Item 4: Empower council president to act as spokesperson for the council and to have a clearer role in policy leadership and vision development • Item 5: Allow council president the option to delegate school committee membership to another council member for the duration of the term • Item 6: Clean up language on filling of vacancies 3. Proceed through Article 2 chronologically for other items raised by Committee members As noted, discussions should only be initiated for items where committee members share interest in the item raised. 4. Begin discussion of Article 3 with potentially non -controversial topics (see Section C) • Item 1: Strike "for an indefinite term of office" from the town manager appointment language • Item 2: Strike the town manager residency requirement • Item 3: Add corollary language to Article 2 Item 2 proposed language on the town manager's role as it relates to the council's policy -setting role and authority • Item 4: Add communications responsibilities to list of town manager powers and duties • Item 5: Add resident advisory committee to assist the town manager in recruiting and vetting potential candidates for boards and committees • Item 6: Provide for town manager review process to be detailed by ordinance 5. Proceed through Article 3 chronologically for other items raised by Committee members As noted, discussions should only be initiated for items where committee members share interest in the item raised. 2 b) Information and Accumulated Proposed Text Changes for Article 2 for Votes The Center project team provides below draft language for the Committee's discussions on the changes discussed at the April 20 meeting and the May 4 meeting. (Note that the first three of these are unchanged from the last memo.) Item 1: Add ability for council to determine its staffing needs Purpose: The council's insufficient capacity to fulfill its responsibilities has been a consistent topic through the Committee's conversations, as has balance of power concerns with regard to access to information and analysis. Location: Section 2-7 (OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT), probably as sub -sections C and D, and bumping the other letters Proposed change: Based on the Committee's discussion, there was interest in one or both of two changes. (1) adding a specific position to the council's list of employees, and (2) allowing for the council to determine what additional staffing it may need or want. (c) Analyst -The town council, by the affirmative vote of at least five members, shall appoint a council analyst, who may serve in a full-time or part-time capacity, for a term of three years. The analyst shall provide assistance with legislative oversight and research, and shall not be involved in the day-to-day administrative detail of the operations of the town. The analyst shall make periodic reports to the council, with such frequency as the council by ordinance, by rule, or by other vote may direct, but not less frequently than quarterly. All officials of the town shall cooperate with the analyst in the performance of this oversight function. The analyst shall have such other powers and duties as may be provided by charter, by ordinance, or by other vote of the council. [Note: The first sentence of this is modelled on existing Watertown text. The remainder is adapted from the Beverly charter Section 2-8.] (d) Additional Staff - The council may establish additional council support positions by ordinance as the council deems necessary and may appoint staff in those positions to be under the supervision of the council president. [Note: This text is a modified version of text from the Amherst charter Section 2-9.] Item 2: Add language on council's policy -setting role and authority Purpose: The council's role and authority as the primary town policy -setting body is as not clearly articulated in the charter as it is in other charters. Due to concerns raised in discussions about balance of power between the elected legislative and the appointed executive, adding some language to this effect would be a useful in strengthening and clarifying the council's role as the primary policy -setting body in the town. Location: Section 2-4 (GENERAL POWERS), probably as sub -section B, and making the existing paragraph sub- section A Proposed change: As presented at the last meeting, the following draft text was drafted by committee member Hecht. (Note that a corollary change will be recommended in Section 3-2 on the powers and duties of the executive.) (b) The powers exercised by the town council include the establishment of policies to guide the administrative branch in its exercise of administrative power. Such policies shall be reflected in the town council's votes, resolutions, ordinances, appropriation orders, and loan authorizations. 3 Item 3: Add a state of the town and/or an annual public forum Purpose: The purpose of this change is to address ongoing concerns about formal communications between the town and the public, as well as a lack of vision. Location: There are multiple reasonable options where these new provisions could go. Part of the decision is whether this should be viewed more as a council president responsibility or a council responsibility. If the former, it should go in Section 2-2. If the latter, which the project team has assumed would be the preference for this memo, there are several places it could go. For simplicity, the project team recommends creating a new section 2-10 titled Annual Council Meetings, or something similar. Proposed change: Below is the proposed new language. The project team initially attempted to provide for rough times of the year for when these should be held but decided to leave that out of this initial proposed text. SECTION 2-10 ANNUAL COUNCIL MEETINGS In addition to the annual budget meeting described in Section 5-1 and any other meetings the council creates by ordinance, the council shall hold the following two annual meetings: State of the Town: Each year the town council president and the town manager shall address the elected bodies, officers of the town, and the public on the state of affairs of the town. Annual Open Public Forum: Each year the town council shall hold at least one public forum, the purpose of which shall be to provide for an open dialogue between the council and the public on current and potential issues facing the town. [Note: If the Committee decides to recommend a change elsewhere in the charter that provides for the development of a vision statement for the town, then this section could also reference that vision statement. For example, "Each year the town council shall hold at least one public forum, the purpose of which shall be to provide for an open dialogue between the council and the public on current and potential issues facing the town, and the town's vision, as provided for in Section ?- ? of this charter.] Item 4: Empower council president to act as spokesperson for the council and to have a clearer role in policy leadership and vision development Purpose: The purpose of this change is to clarify and strengthen the role and responsibilities of the council president position, particularly with regard to communications and vision. For the communications piece, the project team has added the role of "official spokesperson for the council" to the existing powers and duties. This language was adapted from the Georgia Model Municipal Charter guide proposed language that describes the role of a weak mayor in a council-manager form. For the vision piece, the project team also borrowed some language from the same Georgia guide ("chief advocate of policy") and created new language designating the council president as responsible for "leading the development, periodic review, and updating of a long-term vision for the town, in collaboration with the council, the town manager, and members of the public." In creating this latter, entirely new text, the project team wanted to ensure that the council president had the authority and responsibility to lead the development of a vision, but also to ensure that the council president would not be the only person involved in that development. The project team wants to reiterate here that it is essential to avoid entangling the council president's role as head of the legislative with the manager's role as head of the executive, and that powers added for the council president should be crafted carefully so as not to dilute the ability of the manager to perform the job effectively. Location: These changes would be in Section 2-2(b). 4 Proposed change: Below are the proposed changes and new language (in bold, italics, and underline). (b) Powers and Duties - The council president shall be recognized as the official head of the town for all ceremonial purposes, a44 shall be recognized by the courts for the purposes of serving civil process, and shall be the official spokesperson for the council. The council president shall be the chief advocate of policy and shall be responsible for leading the development, periodic review, and updating of a long-term vision for the town, in collaboration with the council, the town manager, and members of the public. Item 5: Allow council president the option to delegate school committee membership to another council member for the duration of the term Purpose: Although not universal, there was some interest on the committee in providing the council president the ability to delegate the school committee membership role to another member of the council, in order to lighten the potential workload on the council president's position, while still maintaining the link between the council and the school committee. It was noted that this would only work if the position served for the duration of the term, in order to provide sufficient continuity and stability for the school committee, so the new language tries to make that intent clear. Location: These changes would be in Section 2-2(b). Proposed change: Below are the proposed changes and new language (in bold, italics, and underline). The council president shall also serve as a member of the school committee or shall designate another member of the council to serve as a member of the school committee for the duration of the term of office. Should the councilor designated as a school committee member vacate the office of town councilor or be unable or unwilling to continue serving as a school committee member for the duration of the term of office, the council president shall serve as school committee member or shall designate another councilor for the duration of the term. The officer provided for in this section shall be referred to as "council president", but ballots used in electing the said office shall contain the words "council president and member of school committee." Item 6: Clean up language on filling of vacancies Purpose: The project team noted that the text for filling of council vacancies is a little bit convoluted and could be clarified. Location: Section 2-9, sub -sections (a) and (b). Proposed change: The project team is still working on this language and will provide it separately for the meeting. (There will be no substantive changes to it, only edits for clarification.) 5 c) Information and Initial Proposed Text Changes for Article 3 Item 1: Strike "to serve for an indefinite term of office" from the town manager appointment language Purpose: The language "indefinite term" to describe the hiring of a town manager is unusual in Massachusetts municipal charters. It is unnecessary and may lead to confusion. More commonly, the employment agreement between the town and the manager usually spells out the duration of the appointment. Location: This change would be in Section 3-1(a). Proposed change: The proposed change would simply entail deleting the words noted. (a) Appointment, Term of Office - The town council, by the affirmative vote of at least five members, shall appoint a town manager to s e for ^ ndefinite term of „ffice Item 2: Strike the town manager residency requirement Purpose: Town manager residency requirements can significant weaken recruitment efforts. Given that the town manager is arguably the most important single individual in the Town government, the Town should ensure that charter provisions do not unnecessarily harm the search for the best possible candidate. Moreover, as I think you saw from the town administrator from Franklin, the notion that you have to live in the community to be connected to and accessible to the community is false. Location: This change would be in Section 3-1(b). Proposed change: The proposed change would simply entail deleting the words noted. (b) Qualifications - The town manager shall be appointed solely on the basis of his or her executive and administrative qualifications. The town manager shall be a person especially fitted by education, training and previous experience in municipal administration directly related to the profession of municipal management to perform the duties of the office. The town manager shall devote his or her full time to the office and shall not hold any other public office, elected or appointed, nor shall the person serving as town manager engage in any other business, occupation or profession unless such action is approved, in advance, by the town council. Item 3: Add corollary language to Article 2 Item 2 proposed language on the town manager's role as it relates to the council's policy -setting role and authority Purpose: As noted in Item 2 among the topics for Article 2 above, the council's role and authority as the primary town policy -setting body is as not clearly articulated in the charter as it is in other charters. Due to concerns raised in discussions about balance of power between the elected legislative and the appointed executive, adding some language to this effect would be useful in strengthening and clarifying the council's role as the primary policy - setting body in the town. 6 Location: Section 3-2 opening paragraph Proposed change: The following draft text was drafted by committee member Hecht. (Note that a corollary change is recommended above in Section 2-4.) Below are the proposed changes and new language (in bold, italics, and underline). The town manager shall be the chief administrative officer of the town and shall be responsible to the town council for the proper administration of all town affairs placed under his or her charge by or under the charter. The town manager shall be responsible for implementation of policies established by the town council, as reflected in the town council's votes and resolutions and in ordinances, appropriation orders, and loan authorizations. The powers and duties of the town manager shall include, but are not intended to be limited to, the following:... Item 4: Add communications responsibilities to list of town manager powers and duties Purpose: Communications challenges were some of the most frequently -discussed topics over the course of the Committee's discussions, and these challenges touched on a wide variety of specific sub -topics. To address these, the project team recommends adding a new bullet to the enumerated list of the town manager's powers and duties. Note that putting this responsibility on the town manager's list of duties does not preclude the town manager from creating a position to handle these responsibilities. These duties are assigned to the town manager as head of the executive, and the town manager can determine the best method for accomplishing the work. Location: Section 3-2, replace bullet 14 and push current bullet 14 to 15 Proposed change: The following draft text is based on text drafted by committee member Palomba. Below is the proposed new language. (14) Be responsible for Town government communications, in coordination with the council president, including, but not limited to, developing a comprehensive communication strategy, coordinating the announcements and messages from department heads, communicating regularly, via all available media avenues, with residents, and soliciting recommendations for greater communication from residents. Item 5: Add resident advisory committee to assist the town manager in recruiting and vetting potential candidates for boards and committees Purpose: Given concerns about transparency and communications from the committee's discussions, as well as references to ensuring a range of voices were represented in Town government, the project team is including the potential creation of a committee to assist the town manager in recruiting, evaluating, and selecting candidates for multiple -member bodies. This is based on a similar innovation created in the recently -enacted Amherst charter. Location: Unclear. The project team thinks this could appear either as a sub -bullet to Section 3-2(b) or as an entirely new section after Section 3-6. Proposed change: Below is the proposed new language, which is a modified version of text from the Amherst charter. The Town Manager shall establish a Residents' Advisory Committee to assist with recruitment, evaluation, and selection of candidates for appointment to multiple -member bodies. In making appointments, the Town Manager shall seek to appoint individuals with relevant expertise or experience. The Town Manager 7 shall work with the Residents' Advisory Committee to establish policies and practices to actively encourage a diverse pool of applicants for multiple -member bodies. Item 6: Provide for town manager review process to be detailed by ordinance Purpose: Throughout the Committee's discussions, there has been interest in increasing the structures of accountability and transparency in Town government. One way to do that is provide for a greater level of detail in the town manager's annual evaluation process. This can also provide greater clarity and continuity that will be helpful or the council, the manager, and the public. However, the project team does not believe additional detail belongs in the charter itself. The team believes that the best pathway is for the charter to mandate more details that should be placed in the ordinances. Location: This change would be in Section 3-6(a). Proposed change: Below is the proposed new language that would replace the entire current 3-6(a). (a) The town council shall conduct an annual review of the town manager's job performance in a manner provided by ordinance. 8 Appendix A: CRC Members' Recommendations for Article 3 as Sent by 5/12/21 (by individual) Caroline Bays: SECTION 2-1 COMPOSITION, TERM OF OFFICE - Change the Councilor -at -large terms to 4 years, possibly do same for district councilors SECTION 2-2 COUNCIL PRESIDENT - Change "Council President" to Mayor - Add an annual state of the city address - End Council President's automatic appointment to school committee. Allow Council to send a member to the school committee chosen by town council by majority vote. SECTION 2-5 EXERCISE OF POWERS; QUORUM; RULES - (Under c - Rules of Procedure) Add the council shall hold one annual public dialogue allowing any resident who wishes to address the council the opportunity to do so with the anticipation of a response. (Possibly put some language in that allows residents to call for a public dialogue with a petition signed by 300? residents) SECTION 2-7 OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT - Add that we can employ additional aides as deemed necessary by the council - The town manager should supply the town council the names of all applicants for boards and commissions. (When we approve people, we will have a better idea about what the choices are) SECTION 2-8 ORDINANCES AND OTHER MEASURES - Update c) Publication - all notices should be published on the website 5 (can we increase this to 7?) days prior to final passage. SECTION 2-9 FILLING OF VACANCIES - Fix this language to be readable and this section must be changed if we change the length of terms - Possibly include that any appointed person should not be able to run for election in the next election. Marcia Ciro: Section 2-1 (a) Composition of Town Council: Option i. Increase the number of at -large councilors to 5 at-large/4 district (one serves as President for 2 -year term; see 2-2); define roles of at -large and district councilor better (b) Term of Office: 2 or 4 years; this should be discussed considering Option i. Real -world experience of current/past members (what would have been easier for them?) Option ii. Re-election is a given for most, just go to 4 years. Term Limits for TC/TM. Keep as is for now, but have another review in 5 years; if there has been no changeover, indeed, not even any challenges to many seats on the Town Council, we should consider term limits of no more than 3 terms. See "2020 12-30 Collins Charter Discussion and QandA from 121520 CRC Mtq pt2 ", page 3, #3. See "Memo_re term_limits.pdf" Section 2-2 (a) COUNCIL PRESIDENT: CHANGE the election of the TC President to "by the Council" to ensure cohesiveness of the Town Council and more equitably share responsibilities. This provision, of which we are only one of two cities in MA to use, appears to be an attempt to have a "mayor - like" officer. Although it may seem counterintuitive to take away voter choice, in practice it seems to bestow 9 very little real power to the TC President and requires no "mayor -like" responsibilities with accountability, transparency, communication. Rather it has created a position without accountability and minimizes the roles of the other Town Councilors. I believe that election of the TCP by the TC members would result in more changeover and more evenly distributed responsibility of all town councilors, as well as better communication between councilors. This would give other councilors a chance to represent the whole council and prevent one person from getting entrenched in this role. The balance of power would be more equal within the Town Council. NOTE: if we keep this provision as is, the role of the TCP should be better defined as to its responsibilities to residents and the other Town Councilors. See Note A at end of this document for language. (b) Add State of the City address, to be given by TC President (See Note A); give the School Committee appointment to the Vice -President of the TC or other to be decided by the TC as a group for better balance of power within the TC Section 2-3 (a) COMPENSATION: By ordinance: Should be agreed that TC compensation needs to increase and that an ordinance passed before the next election (b) EXPENSES: By ordinance: TC should have an operating budget for any additional administration, research and communications staff that are hired, however this may be done (NEW) Require more public communications BEFORE Town Council meetings or any public meeting and more explanation of what will be discussed/voted on. Provide for budgeting to meet this goal. (NEW) Require better documentation AFTER all public meetings, including meetings required by Town for residents and third party developers. Define timeliness for posting minutes. Provide for budgeting to meet this goal. Section 2-4 EXERCISE OF POWERS, ETC (c)(ii): Consider adding regular meetings of Town Councilors (4 or less) with constituents, either through (1) office hours or (2) public meetings to address (a) specific issues, or (b) general state of the city/upcoming issues. (These meetings could be facilitated by new office staff) • See Amherst: SECTION 2.7: DISTRICT MEETINGS The Town Councilors from each district shall convene a minimum of 2 meetings in their districts each year open to all residents. The purpose is to facilitate 2 -way communication between the Town government and the residents of the district. Residents may submit discussion topics to their District Councilors in advance, and District Meetings must include a period of public comment. (c)(iv): Define "full, accurate, up-to-date account" for 2021 technology; Define "reasonable promptness" Section 2-6 ACCESS TO INFORMATION: define "access" for 2021 technology; Require IT Director to produce yearly report on advances and best practices for e -government Technology is ever-changing; we need to get up to speed, then periodically review how we use technology to communicate with residents. TC and TM should be committed to keeping up with best practices. Possibly TC should create an e -government committee that would include members of the Council AND resident public experts. Section 2-7 APPOINTMENTS BY TCP or TC (b) expand role of TC Clerk (full-time or 2 part-time) (NEW) TC should appoint Planning and Zoning Boards There is, to me, a direct conflict of interest in having these boards appointed by the TM. Currently, these boards serve to rubber stamp the suggestions of the Dept of Planning and Community Development. They do no pro- active work in updating codes. With the intense effects that development has had on surrounding neighborhoods, and will continue to have, it seems that these boards could be less partisan and also be given more power to hold public meetings about coding changes if they were equally accountable to TM/TC. • See "Framework for considering elected and appointed offices.pdf" 10 • See Amherst: "2.9(c) Planning Board and Zoning Board of Appeals: The Town Council shall appoint all members of the Planning Board and Zoning Board of Appeals for staggered 3 -year terms." • See Westport: https://www.westport-ma.com/planninq-board/pages/statutory-planninq-board-duties-under- massachusetts-qeneral-laws • See Natick: https://www.natickma.gov/515/Planning-Board (NEW) Make provisions to aid the Town Council in its duties: (a) hire a Public Communications officer (b) hire a research/analyst assistant (c) hire full-time administrative help or two part-time positions (d) create a Town Council office, if not in the Town Hall, then somewhere close (old police station?) with small and large meeting rooms. Small rooms could be used for TC meetings with individual or small groups of residents (e.g., monthly hours) and a larger meeting room for larger groups. We can no longer count on the library and other places that are not always available. See Amherst, Section 2.7, District Meetings Section 2-8 ORDINANCES/MEASURES (c) define "Publication" for 2021 technology (See Section 2-6 above) (NEW) Require Town -wide public forum • See Amherst: SECTION 2.13: PUBLIC FORUMS The President of the Town Council shall call not fewer than 2 public forums a year to address the master plan and the budget, respectively. The public forums shall present the public with context, alert the public to upcoming issues, and collect feedback from the public. Anthony Donato: 1. I would like to clarify "councillor" vs. "councilor" —The Charter mostly employs "councillor", but we use "councilor" in the day to day activities of the TC. 2. Please see the attached for a notice from the Temporary Town Clerk, which states that the Town's website and not the Clerk's Office bulletin board will be the new legal posting location for public notices. I believe this impacts 2-5(ii) and possibly 2-8(c). From: George, Patrick Sent: Friday, April 9, 2021 3:01 PM To: 'openmeeting@state.ma.us' Cc: Town Clerk Subject: Change of Town Of Watertown Legal Posting Location for Notices of Meeting of Public Bodies — Open Meeting Law Good Afternoon, Please be advised that as of Monday, April 12th at 6:00 pm the legal posting location for notices of meetings for public bodies in the Town of Watertown will be the Town website calendar https://www.watertown- ma.gov/calendar in lieu of the Town Clerk's office bulletin board at Town Hall. It is our intent to continue to post paper copies to the bulletin board as a convenience to our residents. Thank you, Patrick George Temporary Town Clerk / Veterans' Services Officer Town of Watertown PGeorge@Watertown-ma.gov 11 Office: 617-972-6486 John Gannon: ARTICLE 2. LEGISLATIVE BRANCH SECTION 2.1. COMPOSITION; TERM OF OFFICE. (a) Composition - There shall be a town council of nine members which shall exercise the legislative powers of the town. Four of these members, to be known as councillors -at -large, shall be nominated and elected by and from the voters at large. Four of these members, to be known as district councillors, shall be nominated and elected by and from the voters of each district, one such district councillor to be elected from each of the four council districts into which the town is divided, in accordance with section 7-6. council shall be a council president, elected as provided in section 2-2. Recommended changes: - The ninth member of the town - Delete the word "four" in the second sentence and insert in its place the following:- "five" - Delete the last sentence in its entirety. PROPOSED CHANGE 3: SECTION 2-2. TOWN COUNCIL PRESIDENT (a) Election and Term — A council president shall be nominated and elected by and from the voters at large at each biennial election to serve for a term of two years, beginning on the first business day of January followuing the election and until a successor is qualified. Recommended change:- Beginning on the first business day of January in each year, the town council shall meet and elect a town council president who shall hold office during the municipal year. PROPOSED CHANGE 4: (c) Council Vice President - As soon as practicable after the councillors elect have been qualified following each biennial election, the town council shall elect from among its members a vice president who shall act as president during the absence or disability of the council president. Recommended change:- delete 2(c) in its entirety and insert in its place the following: (c) Council Vice President - Beginning on the first business day of January in each year, the town council shall meet and elect a town council vice president who shall hold office during the municipal year, and who shall act as president during the absence or disability of the town council president. PROPOSED CHANGE 5: SECTION 2-7. OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT. 12 Recommended change:- the insertion of a new paragraph (b 1/2) to read as follows: Research Analyst —The town council, by the affirmative vote of at least five members, shall appoint a Research Analyst for an indefinite term of office, who may serve in a full-time or part-time capacity, and shall serve under the supervision of the council president. The Research Analyst shall be appointed solely on the basis of his or her professional qualifications and experience. The Research Analyst shall perform research and draft written opinions on public policy questions and perform such other duties as may be provided by ordinance or by other vote or the town council. SECTION 2-7, (d) Supervision Recommended change:- insert after the word "auditor" referenced in SECTION 2-7, (d) Supervision, the words ", research analyst" PROPOSED CHANGE 6: SECTION 2-9.FILLING OF VACANCIES. Recommended change:- delete references to "council president" in sections (a) and (b). Recommended change:- create new SECTION 2-10, as follows: SECTION 2-10. TOWN COUNCIL CONFIRMATION OF APPOINTMENT OF DEPARTMENT HEADS AND MANAGERS The town manager shall refer to the town council and simultaneously file with the town clerk, the name of each person the town manager desires to appoint as a town department head. Appointment of a department head shall become effective on the 30th day after the date on which the notice of the proposed appointment was filed with the town clerk unless sooner approved or rejected by the town council. Jonathan Hecht: 1) Clarify and strengthen the Town Council's policymaking role • Add a new sentence to Section 2-4: "The powers exercised by the Town Council include the establishment of policies to guide the administrative branch in its exercise of administrative power. Such policies shall be reflected in the Town Council's votes, resolutions, ordinances, appropriation orders, and loan authorizations." • Related change: add counterpart language to Section 3-2 clarifying Town Manager's duty to implement policies established by the Town Council • Related change: eliminate language in Section 3-2 ("but are not intended to be limited to") which leaves open the scope of the Town Manager's powers and duties; the Town Manager's powers and duties should be expressly established by general law or the Charter or delegated by the Town Council; all powers not so established or delegated remain those of the Town Council 13 2) Give the Town Council exclusive power to set fees and make (or delegate the making of) rules and regulations • Add new section: "Unless otherwise provided under the General Laws, all fees and administrative rules and regulations shall be adopted by the Town Council. The Town Council may delegate to the Town Manager the power to establish administrative rules and regulations which do not impose a fine or other penalty for violations." • Related change: amend Sec. 8-4 3) Strengthen the Town Council's role regarding certain appointments (related sections: Sec 3-2(3) and Sec. 6- 1) • Give the Town Council the power to make appointments to boards and commissions that have rulemaking powers under the General Laws, e.g., the Board of Health (question: are there other such boards and commissions?) • Give the Town Council the power to confirm the Town Manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director 4) Increase the visibility of Town Council policymaking • Add new section: Require annual compilation and publication of Town Council votes, resolutions, ordinances, appropriation orders, and loan authorizations 5) Technical change to specify number of votes required to remove the town auditor or clerk of the council • Amend last clause of the last sentence of Section 2-7(d) to read: "and provided further, that a vote of not less than five members of the town council shall be required to remove the town auditor or clerk of the council" Other related changes outside the Charter 1) Establish regular procedures for the Town Council to deliberate, adopt, and communicate policy, including dialogues with residents, town staff, boards and commissions, and outside experts 2) Amend Ordinance 46 (2007) to require the Town Manager to consult with boards and commissions regarding their needs prior to posting openings and interviewing candidates Leo Martin: Article 2 Revisit the make-up of the council regarding the potential of adding more district councilors or redistricting those that we have to reduce the residents per councilor. Look at the term of the councilors. The current term allows residents to vote out those they don't agree with. Downside is councilors are always running. Leave Council President elected by the voters. The Council President shall give a state of the city address along with the Manager in January (?) of each year. Revisit whether the Council President should be the representative on the school committee, there should be at least one council member on the school committee. 14 With regard to salary revisit the ordinance for the councilors and think of adding an automatic COLA. The review shall also evaluate the insurance benefit provided to the councilors. In article 2-4, evaluate the powers of the council to provide more influence on the Manager. In Article 2-5, need to provide response to resident comments brought up in the public forum. If not at that meeting, it should be at the next council meeting. Require that there are two open meetings each year for residents to bring up issues to be addressed. It would be advantageous that the issues would be provided to the council so that they would have time to prepare for the meeting and have a dialog to resolve the issue and develop a path to move forward to resolve the issue. Article 2-6 — Provide a full-time support for the council to assist them in reviewing all the issues in front of the council. The person shall be responsible to prepare packages for the councilors, look into issues as directed by the council and work with Manager to provide proper input. The person will attend meetings and prepare minute. Article 2-7 -= Evaluate the position of the Auditor, supposedly working for the Council President but also working for the Manager. Blurred lines should be cleared up. Clerk of Council — expand the role to provide greater support to council. Maybe change the title to something more appropriate. Article 2-8 — evaluate how information is provided to residents. James Mello: SECTION 2-1 COMPOSITION, TERM OF OFFICE (b) Term of Office -The terms for Town Councilors at Large shall be for four years each*, District Councilors shall be two years each, on the first business day of January in the year following their election, until their successors have been qualified. *In the first election the two candidates receiving the most votes will be elected to four year terms, the candidates receiving third and fourth place votes will be elected to two year terms until the next election, when they will be candidates for four year terms. SECTION 2-2 COUNCIL PRESIDENT (a) Election and Term - A Council President shall be nominated and elected by and from the voters at large at each quadrennial election to serve for a term of four years, beginning on the first business day of January in the year following their election, until their successors have been qualified. SECTION 2-3 COMPENSATION EXPENSES (a) Salary -The Town Council President shall received an annual salary of $35,000.00 per year, Town Councilors $20,000.00. All future increases shall be the same increase as all other Town Employees receive after all contracts are settled. Tony Palomba: SECTION 2-1 COMPOSITION, TERM OF OFFICE (a) Composition - There shall be a Town Council shall be composed of nine at -large members (b) Term of Office — The terms of Town Councilors shall be four years each. No councilor shall serve for more than 3 consecutive terms. SECTION 2-2 COUNCIL PRESIDENT 15 (a) Election and Terms - The Town Council president shall be elected by the members of the Council for a two- year term. No president can serve more than two consecutive terms. (c) Council Vice President - The Town Council vice-president shall be elected by the member of the Council for a two-year term. No vice-president can serve more than two consecutive terms. SECTION 2-3 COMPENSATION, EXPENSES (a) Salary Town Council positions are full time (40 hours/week) with at an annual compensation of $50,000 and an annual cost of living increase and benefits comparable to non-union Town employees. SECTION 2 — 4 and SECTION 2 — 5 No suggested changes proposed at this time SECTION 2-6 ACCESS TO INFORMATION (a) In General - On the request of three or more members, the Town Council can make investigations into the affairs of the Town (b) Town Officers, Members of Town Agencies, Employees — On the request of three or more members, the Town Council can require any town official.... (c) Town Manager — on the request of three or more members, the Town Council can require the town manager to appear (d) Notice — Except in cases of emergency the Town Council shall give not less than three days notice in writing SECTION 2-7 OFFICERS APPOINTED BY THE TOWN COUNCIL OR COUNCIL PRESIDENT (b) Clerk of the Council — The Town Council shall appoint, and may remove at its discretion a person nominated by the council president and interviewed by the Town Council, who may be the town clerk The position of Council Clerk shall be a full-time position (35 hours/week) at a annual compensation of $40,000 and an annual cost of living increase and benefits comparable to non-union Town employees (d) Supervision — The council president shall be responsible for the day-to-day supervision of (remove "town auditor") the clerk of the council and the Council Analyst/Researcher (e) Analyst/Researcher — The Town Council shall appoint, and may remove at its discretion, a Town Council Analyst/Researcher nominated by the council president and interviewed by the Town Council, who will serve Town Councilors in performing their duties. Such an employee will have a background in municipal governance with expertise in two or more of the following areas: legislation, finance, evaluation, or state law. The position will be a full-time (40 hours/week) at an annual compensation of $60,000 and an annual cost of living increase and benefits comparable to non-union Town employees. SECTION 2-8 ORDINANCE AND OTHER MEASURES (a) Emergency Ordinances Paragraph 2 — change "the affirmative vote of six members" to "the affirmative vote of five members" (b) Measures, In General Paragraph 1 the Town Council may pass any other measure (orders, resolutions and proclamations) through all its stages at any one meeting, provided .... (c) Publication- Every proposed ordinance, order, resolution, appropriation order or loan authorization .... 16 Appendix B: CRC Members' Recommendations for Article 3 as Sent by 5/12/21 (by individual) Caroline Bays: SECTION 3-1 APPOINTMENT, TERM OF OFFICE; QUALIFICATIONS - (a) The town manager should be appointed by two-thirds of town council. Change to Appointment, Term of Office - The town council, by the affirmative vote of at least 6 members, shall appoint a town manager to serve for an indefinite term of office. - (b) remove the requirement that the town manager live in town, but possibly add some wording to indicate it would be preferable. SECTION 3-2 POWERS AND DUTIES - For Board/Commission appointments - Either create a resident advisory committee or add something giving town council some oversight regarding appointments. - Add language regarding transparency and communication with residents SECTION 3-6 EVALUATION OF TOWN MANAGER - Add (b) The review criteria for town manager will be posted on the town website and any resident who desires can submit a review of the town manager to the town council. Marcia Ciro: 3. ARTICLE 3: TOWN MANAGER: add language pertaining to TM follows policies of TC (Collins) Section 3-1 (b) REMOVE residency requirement Section 3-2 (2) Define better [Accessibility] How does this work in regards to separation of TM/TC Appointed/Elected officers? (3) Adopt Collins Center suggestions (4) Require personnel annual reviews (13c) Require key administrators to produce publicly accessible minimum yearly report of their activities: DPW; Environmental (Trees, lighting, signage, stormwater, etc); Budget; Schools; Traffic, Planning, posted on Town Website; Require TM to submit clear reports and quarterly updates on state of the city/budget, posted on Town Website Section 3-6 TM EVALUATION (a) Provide for review and metrics for measuring performance for Town Manager and key staff (Financial, Planning) John Gannon: Article 3. TOWN MANAGER SECTION 3-1. APPOINTMENT, TERM OF OFFICE; QUALIFICATIONS Recommended change:- delete in its entirety Section 3-1, (b) Qualifications, second paragraph, which reads as follows: 17 The town manager need not be a resident of Watertown at the time of his or her appointment, nor of the Commonwealth, but the town manager shall establish residence in Watertown within twelve months following his or her appointment unless excused from such requirement by the town council. SECTION 3-2. POWERS AND DUTIES. Recommended change:- insert as a new paragraph 3(A) the following: 3A) Appoint a Community Engagement Office to increase participation in town government by residents. The Community Engagement Officer shall: • provide support to individuals interested in being involved in town government; • devise and implement strategies to enhance public engagement; • conduct community outreach efforts to increase participation by underrepresented residents in town government; • analyze data on resident engagement; • regularly submit reports to the town manager and town council; and • carry out other duties as designated by the town manager. Recommended change:- insert as a new paragraph 3(B) the following: 3B) Make a State of the Town Address with the council president. Said address shall be made to the elected bodies, officers of the town, and the public on the state of affairs of the town. Jonathan Hecht: 1) Add language specifying the Town Manager's responsibility to implement policy decisions of the Town Council. Proposed change: Add a new second sentence to the opening paragraph of Section 3-2 "The town manager shall be responsible for implementation of policies established by the town council, as reflected in the town council's votes and resolutions and in ordinances, appropriation orders, and loan authorizations." 2) Eliminate language that leaves open the scope of the Town Manager's powers and duties. The Town Manager's powers and duties should be expressly assigned by law or charter, or delegated by ordinance or other vote of the Town Council. All powers not so assigned or delegated remain those of the Town Council. Proposed change: Strike the words "but are not intended to be limited to" from current second sentence of opening paragraph of Section 3-2. Proposed change: Strike the words "or otherwise" from Section 3-2(14). 18 3) Give the Town Council the power and responsibility to confirm the Town Manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director, with a default if no action is taken by Town Council within a certain period of time. Proposed change: Strike the last sentence of Section 3-2(3) Proposed change: Add a new Section 3-2(3A) "The town manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director shall be subject to confirmation of the town council. The town council shall have 30 days from the date notice of the appointment is filed by the town manager to confirm or reject the appointment. If the town council fails to confirm or reject any such appointment within 30 days, such appointment shall be deemed to have been confirmed." Proposed change: Add a new Section 3-2(3B) "Appointments made by the town manager to boards, commissions and committees shall be subject to confirmation of the town council, as provided by ordinance." 4) Specify the minimum number of votes needed to remove the Town Manager. Proposed change: Add a new first sentence to Section 3-4 "The town council, by the affirmative vote of at least five members, may vote to remove the town manager." Leo Martin: Article 3 Delete the term "indefinite" in 3-1, a. Delete residency requirement for the manager. Revise some of the powers and duties to be more consistent with more recent charters, such as in Amherst. Add in the requirement that the Manager work with the Council President for open forums with the community, as well as in the State of the City address. Need to work in transparency and communication into the manager's duties. Do we need a community participation/diversity officer? Or require the manager to promote dialog with city employees, residents and local businesses. It seems like the administrative side is understaffed. We have two assistant town managers that never gave up their other duties. Would it be better with one and let the other do their original jobs? Only a charter issue of we spell out a position of Assistant Town Manager. Same person as public participation officer? Duties need to spelled out and also listed in the manager's contract. Need to determine whether the Council will have any input on the heads of departments proposed by the manager. Currently all the applicants for boards and commissions are interviewed by the Manager, I think that has worked well, but it should be revisited. 19 Spell out details on the manager's performance, in an ordinance? Tony Palomba: Article 3 Section 3 —1 Appointment, Terms and Qualifications (a) Appointment — remove "to serve for an indefinite term of office" and replace with "to serve for a maximum period of 12 years." (b) Qualifications, Paragraph 1 —The town council shall recognize the importance of considering gender identity, sexual orientation, race, and ethnicity when selecting a town manager. (b) Qualifications, Paragraph 2 — remove the paragraph regarding residency. Section 3 - 2 Powers and Duties Rather attempt to place the following changes in a particular paragraph, I have listed them leaving placement to the Collins Center. — the town manager shall appoint all members of his administration except for the positions of Chief of Police, Superintendent of Public Works, and Director of the Department of Community Development and Planning which shall be appointed by a majority vote of the town council. - the town manager shall submit the resumes of the finalist for assistant town manager and all department heads to the town council and will consider the perspectives of town councilors who wish to submit such to them. - the town manager shall present the town council finalist for positions on all town boards and commissions to the town council and consider the perspectives of those town councilors who wish to submit such, expect for members of the Planning Board and the Zoning Board of Appeals who shall be appointed by the town council. - the town manager shall recognize the importance of considering gender identity, sexual orientation, race, and ethnicity when selecting members of their administration as well as members of town boards and commissions. - the town manager shall appoint a communications director as a member of their administration responsible for the following, though not limited to such, develop a comprehensive communication strategy, coordinate the announcements and messages from department heads, communicate regularly, via all available media avenues, with residents, and solicit recommendations for greater communication from residents - the town manager shall appoint a community engagement officer as member of their administration responsible for the following, though not limited to such, for meeting regularly with community and civic organizations, soliciting residents to serve on town boards and commissions, and developing outreach and engagement strategies to reach residents who do not regularly participate in town government. - the town manager shall articulate his or her goals and strategies to achieve such in a public presentation at the beginning of each calendar year and provide updates on such at the conclusion of the calendar. 20 - the town manager shall provide the town council a summary of the expenditures and revenue on a quarterly basis. - the town manager shall include in their budget the top budget priorities submitted annual In 13A add "and the town council" after town council president in the sentence that reads "The manager shal notify the council president and the town council as soon as practical, but within 24 hours, of such emergency .... Section 3 — 6 Evaluation of the Town Manager The town council shall evaluate the town manager annually using as one metric the degree to which the goals and strategies presented in their public presentation at the beginning of the calendar year where achieved. Additional metrics shall included, but not be limited to such, whether annual evaluations of assistant town managers and department heads have taken place, the degree to which communication and engagement with residents has occurred, and to what degree they has instituted the ordinances, orders, and resolutions of the town council. 21 Appendix C: CRC Members' Recommendations for Article 2 as Received by 5/12/21 (by sub -section) SECTION 2-1 COMPOSITION, TERM OF OFFICE. Comments from Committee: • Change the Councilor -at -large terms to 4 years, possibly do same for district councilors • Revisit the make-up of the council regarding the potential of adding more district councilors or redistricting those that we have to reduce the residents per councilor. • Look at the term of the councilors. The current term allows residents to vote out those they don't agree with. Downside is councilors are always running. • Term of Office -The terms for Town Councilors at Large shall be for four years each*, District Councilors shall be two years each, on the first business day of January in the year following their election, until their successors have been qualified. *In the first election the two candidates receiving the most votes will be elected to four year terms, the candidates receiving third and fourth place votes will be elected to two year terms until the next election, when they will be candidates for four year terms. • (a) Composition of Town Council: o Option i. Increase the number of at -large councilors to 5 at-large/4 district (one serves as President for 2 -year term; see 2-2); define roles of at -large and district councilor better • (b) Term of Office: 2 or 4 years; this should be discussed considering o Option i. Real -world experience of current/past members (what would have been easier for them?) o Option ii. Re-election is a given for most, just go to 4 years. • Term Limits for TC/TM. Keep as is for now, but have another review in 5 years; if there has been no changeover, indeed, not even any challenges to many seats on the Town Council, we should consider term limits of no more than 3 terms. See "2020 12-30 Collins Charter Discussion and QandA from 121520 CRC Mtq pt2 ", page 3, #3. See "Memo_re_term_limits.pdf" • (a) Composition - There shall be a Town Council shall be composed of nine at -large members • (b) Term of Office — The terms of Town Councilors shall be four years each. No councilor shall serve for more than 3 consecutive terms. • (a) Composition - There shall be a town council of nine members which shall exercise the legislative powers of the town. Four of these members, to be known as councillors -at -large, shall be nominated and elected by and from the voters at large. Four of these members, to be known as district councillors, shall be nominated and elected by and from the voters of each district, one such district councillor to be elected from each of the four council districts into which the town is divided, in accordance with section 7-6. The ninth member of the town council shall be a council president, elected as provided in section 2-2. o Recommended changes:- • Delete the word "four" in the second sentence and insert in its place the following:- "five" • Delete the last sentence in its entirety. SECTION 2-2 COUNCIL PRESIDENT. Comments from Committee: • Change "Council President" to Mayor • Add an annual state of the city address • End Council President's automatic appointment to school committee. Allow Council to send a member to the school committee chosen by town council by majority vote. • Leave Council President elected by the voters. • The Council President shall give a state of the city address along with the Manager in January (?) of each year. 22 • Revisit whether the Council President should be the representative on the school committee, there should be at least one council member on the school committee. • Election and Term - A Council President shall be nominated and elected by and from the voters at large at each quadrennial election to serve for a term of four years, beginning on the first business day of January in the year following their election, until their successors have been qualified. • COUNCIL PRESIDENT: CHANGE the election of the TC President to "by the Council" to ensure cohesiveness of the Town Council and more equitably share responsibilities. o This provision, of which we are only one of two cities in MA to use, appears to be an attempt to have a "mayor -like" officer. Although it may seem counterintuitive to take away voter choice, in practice it seems to bestow very little real power to the TC President and requires no "mayor -like" responsibilities with accountability, transparency, communication. Rather it has created a position without accountability and minimizes the roles of the other Town Councilors. I believe that election of the TCP by the TC members would result in more changeover and more evenly distributed responsibility of all town councilors, as well as better communication between councilors. This would give other councilors a chance to represent the whole council and prevent one person from getting entrenched in this role. The balance of power would be more equal within the Town Council. o NOTE: if we keep this provision as is, the role of the TCP should be better defined as to its responsibilities to residents and the other Town Councilors. o See Note A at end of this document for language. • (b) Add State of the City address, to be given by TC President (See Note A); give the School Committee appointment to the Vice -President of the TC or other to be decided by the TC as a group for better balance of power within the TC • (a) Election and Terms - The Town Council president shall be elected by the members of the Council for a two-year term. No president can serve more than two consecutive terms. • (c) Council Vice President - The Town Council vice-president shall be elected by the member of the Council for a two-year term. No vice-president can serve more than two consecutive terms. • (a) Election and Term — A council president shall be nominated and elected by and from the voters at large at each biennial election to serve for a term of two years, beginning on the first business day of January followuing the election and until a successor is qualified. o Recommended change:- Beginning on the first business day of January in each year, the town council shall meet and elect a town council president who shall hold office during the municipal year. • (c) Council Vice President - As soon as practicable after the councillors elect have been qualified following each biennial election, the town council shall elect from among its members a vice president who shall act as president during the absence or disability of the council president. o Recommended change:- delete 2(c) in its entirety and insert in its place the following: • (c) Council Vice President - Beginning on the first business day of January in each year, the town council shall meet and elect a town council vice president who shall hold office during the municipal year, and who shall act as president during the absence or disability of the town council president. SECTION 2-3 COMPENSATION, EXPENSES. Comments from Committee: • With regard to salary revisit the ordinance for the councilors and think of adding an automatic COLA. The review shall also evaluate the insurance benefit provided to the councilors. 23 • Salary -The Town Council President shall receive an annual salary of $35,000.00 per year, Town Councilors $20,000.00. All future increases shall be the same increase as all other Town Employees receive after all contracts are settled. o COMPENSATION: By ordinance: Should be agreed that TC compensation needs to increase and that an ordinance passed before the next election o EXPENSES: By ordinance: TC should have an operating budget for any additional administration, research and communications staff that are hired, however this may be done o (NEW) Require more public communications BEFORE Town Council meetings or any public meeting and more explanation of what will be discussed/voted on. Provide for budgeting to meet this goal. o (NEW) Require better documentation AFTER all public meetings, including meetings required by Town for residents and third party developers. Define timeliness for posting minutes. Provide for budgeting to meet this goal. o (a) Salary Town Council positions are full time (40 hours/week) with at an annual compensation of $50,000 and an annual cost of living increase and benefits comparable to non-union Town employees. SECTION 2-4 GENERAL POWERS. Comments from Committee: • Evaluate the powers of the council to provide more influence on the Manager. • Clarify and strengthen the Town Council's policymaking role o Add a new sentence to Section 2-4: "The powers exercised by the Town Council include the establishment of policies to guide the administrative branch in its exercise of administrative power. Such policies shall be reflected in the Town Council's votes, resolutions, ordinances, appropriation orders, and loan authorizations." o Related change: add counterpart language to Section 3-2 clarifying Town Manager's duty to implement policies established by the Town Council o Related change: eliminate language in Section 3-2 ("but are not intended to be limited to") which leaves open the scope of the Town Manager's powers and duties; the Town Manager's powers and duties should be expressly established by general law or the Charter or delegated by the Town Council; all powers not so established or delegated remain those of the Town Council • Give the Town Council exclusive power to set fees and make (or delegate the making of) rules and regulations o Add new section: "Unless otherwise provided under the General Laws, all fees and administrative rules and regulations shall be adopted by the Town Council. The Town Council may delegate to the Town Manager the power to establish administrative rules and regulations which do not impose a fine or other penalty for violations." o Related change: amend Sec. 8-4 • (c)(ii): Consider adding regular meetings of Town Councilors (4 or less) with constituents, either through (1) office hours or (2) public meetings to address (a) specific issues, or (b) general state of the city/upcoming issues. (These meetings could be facilitated by new office staff) o See Amherst: SECTION 2.7: DISTRICT MEETINGS The Town Councilors from each district shall convene a minimum of 2 meetings in their districts each year open to all residents. The purpose is to facilitate 2 -way communication between the Town government and the residents of the district. Residents may submit discussion topics to their District Councilors in advance, and District Meetings must include a period of public comment. 24 • (c)(iv): Define "full, accurate, up-to-date account" for 2021 technology; Define "reasonable promptness" SECTION 2-5 EXERCISE OF POWERS; QUORUM; RULES. Comments from Committee: • (Under c - Rules of Procedure) Add the council shall hold one annual public dialogue allowing any resident who wishes to address the council the opportunity to do so with the anticipation of a response. (Possibly put some language in that allows residents to call for a public dialogue with a petition signed by 300? residents) • Need to provide response to resident comments brought up in the public forum. If not at that meeting, it should be at the next council meeting. • Require that there are two open meetings each year for residents to bring up issues to be addressed. It would be advantageous that the issues would be provided to the council so that they would have time to prepare for the meeting and have a dialog to resolve the issue and develop a path to move forward to resolve the issue. • Increase the visibility of Town Council policymaking o Add new section: Require annual compilation and publication of Town Council votes, resolutions, ordinances, appropriation orders, and loan authorizations • Please see the attached for a notice from the Temporary Town Clerk, which states that the Town's website and not the Clerk's Office bulletin board will be the new legal posting location for public notices. I believe this impacts 2-5(ii) and possibly 2-8(c). SECTION 2-6 ACCESS TO INFORMATION. Comments from Committee: • Provide a full-time support for the council to assist them in reviewing all the issues in front of the council. The person shall be responsible to prepare packages for the councilors, look into issues as directed by the council and work with Manager to provide proper input. The person will attend meetings and prepare minute. • ACCESS TO INFORMATION: define "access" for 2021 technology; Require IT Director to produce yearly report on advances and best practices for e -government o Technology is ever-changing; we need to get up to speed, then periodically review how we use technology to communicate with residents. TC and TM should be committed to keeping up with best practices. Possibly TC should create an e -government committee that would include members of the Council AND resident public experts. • (a) In General - On the request of three or more members, the Town Council can make investigations into the affairs of the Town • (b) Town Officers, Members of Town Agencies, Employees — On the request of three or more members, the Town Council can require any town official.... • (c) Town Manager — on the request of three or more members, the Town Council can require the town manager to appear • (d) Notice — Except in cases of emergency the Town Council shall give not less than three days notice in writing ... 25 SECTION 2-7 OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT. Comments from Committee: • Add that we can employ additional aides as deemed necessary by the council • The town manager should supply the town council the names of all applicants for boards and commissions. (When we approve people, we will have a better idea about what the choices are) • Evaluate the position of the Auditor, supposedly working for the Council President but also working for the Manager. Blurred lines should be cleared up. • Clerk of Council — expand the role to provide greater support to council. Maybe change the title to something more appropriate. • Strengthen the Town Council's role regarding certain appointments (related sections: Sec 3-2(3) and Sec. 6-1) o Give the Town Council the power to make appointments to boards and commissions that have rulemaking powers under the General Laws, e.g., the Board of Health (question: are there other such boards and commissions?) o Give the Town Council the power to confirm the Town Manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director • Technical change to specify number of votes required to remove the town auditor or clerk of the council o Amend last clause of the last sentence of Section 2-7(d) to read: "and provided further, that a vote of not less than five members of the town council shall be required to remove the town auditor or clerk of the council" • (b) expand role of TC Clerk (full-time or 2 part-time) • (NEW) TC should appoint Planning and Zoning Boards o There is, to me, a direct conflict of interest in having these boards appointed by the TM. Currently, these boards serve to rubber stamp the suggestions of the Dept of Planning and Community Development. They do no pro -active work in updating codes. With the intense effects that development has had on surrounding neighborhoods, and will continue to have, it seems that these boards could be less partisan and also be given more power to hold public meetings about coding changes if they were equally accountable to TM/TC. • See Framework for considering elected and appointed o ces.pdf" o See Amherst: "2.9(c) Planning Board and Zoning Board of Appeals: The Town Council shall appoint all members of the Planning Board and Zoning Board of Appeals for staggered 3 -year terms." o See Westport: https://www.westport-ma.com/planning-board/pages/statutory planning-board- duties-under-massachusetts-general-laws o See Natick: https://www.natickma.gov/515/Planning-Board • (NEW) Make provisions to aid the Town Council in its duties: o (a) hire a Public Communications officer o (b) hire a research/analyst assistant o (c) hire full-time administrative help or two part-time positions o (d) create a Town Council office, if not in the Town Hall, then somewhere close (old police station?) with small and large meeting rooms. Small rooms could be used for TC meetings with individual or small groups of residents (e.g., monthly hours) and a larger meeting room for larger groups. We can no longer count on the library and other places that are not always available. See Amherst, Section 2.7, District Meetings • (b) Clerk of the Council — The Town Council shall appoint, and may remove at its discretion a person nominated by the council president and interviewed by the Town Council, who may be the town clerk The position of Council Clerk shall be a full-time position (35 hours/week) at a annual compensation of $40,000 and an annual cost of living increase and benefits comparable to non-union Town employees 26 • (d) Supervision — The council president shall be responsible for the day-to-day supervision of (remove "town auditor") the clerk of the council and the Council Analyst/Researcher ..... • (e) Analyst/Researcher — The Town Council shall appoint, and may remove at its discretion, a Town Council Analyst/Researcher nominated by the council president and interviewed by the Town Council, who will serve Town Councilors in performing their duties. Such an employee will have a background in municipal governance with expertise in two or more of the following areas: legislation, finance, evaluation, or state law. The position will be a full-time (40 hours/week) at an annual compensation of $60,000 and an annual cost of living increase and benefits comparable to non-union Town employees. • Recommended change:- the insertion of a new paragraph (b %z) to read as follows: o Research Analyst —The town council, by the affirmative vote of at least five members, shall appoint a Research Analyst for an indefinite term of office, who may serve in a full-time or part- time capacity, and shall serve under the supervision of the council president. o The Research Analyst shall be appointed solely on the basis of his or her professional qualifications and experience. The Research Analyst shall perform research and draft written opinions on public policy questions and perform such other duties as may be provided by ordinance or by other vote or the town council. • SECTION 2-7, (d) Supervision o Recommended change:- insert after the word "auditor" referenced in SECTION 2-7, (d) Supervision, the words ", research analyst" SECTION 2-8 ORDINANCES AND OTHER MEASURES. Comments from Committee: • Update c) Publication - all notices should be published on the website 5 (can we increase this to 7?) days prior to final passage. • Evaluate how information is provided to residents. • (c) define "Publication" for 2021 technology (See Section 2-6 above) • (NEW) Require Town -wide public forum o See Amherst: SECTION 2.13: PUBLIC FORUMS The President of the Town Council shall call not fewer than 2 public forums a year to address the master plan and the budget, respectively. The public forums shall present the public with context, alert the public to upcoming issues, and collect feedback from the public. • (a) Emergency Ordinances • Paragraph 2 — change "the affirmative vote of six members" to "the affirmative vote of five members" • (b) Measures, In General • Paragraph 1 the Town Council may pass any other measure (orders, resolutions and proclamations) through all its stages at any one meeting, provided .... • (c) Publication- Every proposed ordinance, order, resolution, appropriation order or loan authorization SECTION 2-9 FILLING OF VACANCIES. Comments from Committee: • Fix this language to be readable and this section must be changed if we change the length of terms 27 • Possibly include that any appointed person should not be able to run for election in the next election. • Recommended change:- delete references to "council president" in sections (a) and (b). POTENTIAL NEW SECTION 2-10 Comments from Committee: • SECTION 2-10. TOWN COUNCIL CONFIRMATION OF APPOINTMENT OF DEPARTMENT HEADS AND MANAGERS o The town manager shall refer to the town council and simultaneously file with the town clerk, the name of each person the town manager desires to appoint as a town department head. Appointment of a department head shall become effective on the 30th day after the date on which the notice of the proposed appointment was filed with the town clerk unless sooner approved or rejected by the town council. o (a) State of the Town Address: Each year the Town Council President and the Town Manager shall address the elected bodies, officers of the Town, and the public on the state of affairs of the Town. o (b) Public Forums MISCELLANEOUS GENERAL COMMENTS 3. I would like to clarify "councillor" vs. "councilor" — The Charter mostly employs "councillor", but we use "councilor" in the day to day activities of the TC. 28 Appendix D: CRC Members' Recommendations for Article 3 as Received by 5/12/21 (by sub -section) SECTION 3-1 APPOINTMENT, TERM OF OFFICE; QUALIFICATIONS Comments from Committee: • The town manager should be appointed by two-thirds of town council. Change to Appointment, Term of Office - The town council, by the affirmative vote of at least 6 members, shall appoint a town manager to serve for an indefinite term of office. • Remove the requirement that the town manager live in town, but possibly add some wording to indicate it would be preferable. • Section 3-1 (b) REMOVE residency requirement • Recommended change:- delete in its entirety Section 3-1, (b) Qualifications, second paragraph, which reads as follows: The town manager need not be a resident of Watertown at the time of his or her appointment, nor of the Commonwealth, but the town manager shall establish residence in Watertown within twelve months following his or her appointment unless excused from such requirement by the town council. • Delete the term "indefinite" in 3-1, a. • Delete residency requirement for the manager. • Appointment — remove "to serve for an indefinite term of office" and replace with "to serve for a maximum period of 12 years." • Qualifications, Paragraph 1 — The town council shall recognize the importance of considering gender identity, sexual orientation, race, and ethnicity when selecting a town manager. • Qualifications, Paragraph 2 — remove the paragraph regarding residency. SECTION 3-2 POWERS AND DUTIES Comments from Committee: • For Board/Commission appointments - Either create a resident advisory committee or add something giving town council some oversight regarding appointments. • Section 3-2 (2) Define better [Accessibility] How does this work in regards to separation of TM/TC Appointed/Elected officers? • (3) Adopt Collins Center suggestions • (4) Require personnel annual reviews • (13c) Require key administrators to produce publicly accessible minimum yearly report of their activities: DPW; Environmental (Trees, lighting, signage, stormwater, etc); Budget; Schools; Traffic, Planning, posted on Town Website; Require TM to submit clear reports and quarterly updates on state of the city/budget, posted on Town Website • 3A) Appoint a Community Engagement Office to increase participation in town government by residents. The Community Engagement Officer shall: • provide support to individuals interested in being involved in town government; • devise and implement strategies to enhance public engagement; • conduct community outreach efforts to increase participation by underrepresented residents in town government; • analyze data on resident engagement; • regularly submit reports to the town manager and town council; and • carry out other duties as designated by the town manager. 29 • Recommended change:- insert as a new paragraph 3(B) the following: 3B) Make a State of the Town Address with the council president. Said address shall be made to the elected bodies, officers of the town, and the public on the state of affairs of the town. • Add language specifying the Town Manager's responsibility to implement policy decisions of the Town Council. Proposed change: Add a new second sentence to the opening paragraph of Section 3-2 "The town manager shall be responsible for implementation of policies established by the town council, as reflected in the town council's votes and resolutions and in ordinances, appropriation orders, and loan authorizations." • Eliminate language that leaves open the scope of the Town Manager's powers and duties. The Town Manager's powers and duties should be expressly assigned by law or charter, or delegated by ordinance or other vote of the Town Council. All powers not so assigned or delegated remain those of the Town Council. Proposed change: Strike the words "but are not intended to be limited to" from current second sentence of opening paragraph of Section 3-2. Proposed change: Strike the words "or otherwise" from Section 3-2(14). • Give the Town Council the power and responsibility to confirm the Town Manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director, with a default if no action is taken by Town Council within a certain period of time. Proposed change: Strike the last sentence of Section 3-2(3) Proposed change: Add a new Section 3-2(3A) "The town manager's appointment of the police chief, director of community development and planning, director of senior services, veterans services officer, and recreation director shall be subject to confirmation of the town council. The town council shall have 30 days from the date notice of the appointment is filed by the town manager to confirm or reject the appointment. If the town council fails to confirm or reject any such appointment within 30 days, such appointment shall be deemed to have been confirmed." Proposed change: Add a new Section 3-2(3B) "Appointments made by the town manager to boards, commissions and committees shall be subject to confirmation of the town council, as provided by ordinance." • Revise some of the powers and duties to be more consistent with more recent charters, such as in Amherst. • Add in the requirement that the Manager work with the Council President for open forums with the community, as well as in the State of the City address. • Need to work in transparency and communication into the manager's duties. • Do we need a community participation/diversity officer? Or require the manager to promote dialog with city employees, residents and local businesses. • It seems like the administrative side is understaffed. We have two assistant town managers that never gave up their other duties. Would it be better with one and let the other do their original jobs? Only a charter issue of we spell out a position of Assistant Town Manager. Same person as public participation officer? • Duties need to spelled out and also listed in the manager's contract. • Need to determine whether the Council will have any input on the heads of departments proposed by the manager. 30 • Currently all the applicants for boards and commissions are interviewed by the Manager, I think that has worked well, but it should be revisited. • Section 3 - 2 Powers and Duties • Rather attempt to place the following changes in a particular paragraph, I have listed them leaving placement to the Collins Center. o — the town manager shall appoint all members of his administration except for the positions of Chief of Police, Superintendent of Public Works, and Director of the Department of Community Development and Planning which shall be appointed by a majority vote of the town council. o - the town manager shall submit the resumes of the finalist for assistant town manager and all department heads to the town council and will consider the perspectives of town councilors who wish to submit such to them. o - the town manager shall present the town council finalist for positions on all town boards and commissions to the town council and consider the perspectives of those town councilors who wish to submit such, expect for members of the Planning Board and the Zoning Board of Appeals who shall be appointed by the town council. o - the town manager shall recognize the importance of considering gender identity, sexual orientation, race, and ethnicity when selecting members of their administration as well as members of town boards and commissions. o - the town manager shall appoint a communications director as a member of their administration responsible for the following, though not limited to such, develop a comprehensive communication strategy, coordinate the announcements and messages from department heads, communicate regularly, via all available media avenues, with residents, and solicit recommendations for greater communication from residents o - the town manager shall appoint a community engagement officer as member of their administration responsible for the following, though not limited to such, for meeting regularly with community and civic organizations, soliciting residents to serve on town boards and commissions, and developing outreach and engagement strategies to reach residents who do not regularly participate in town government. o - the town manager shall articulate his or her goals and strategies to achieve such in a public presentation at the beginning of each calendar year and provide updates on such at the conclusion of the calendar. o - the town manager shall provide the town council a summary of the expenditures and revenue on a quarterly basis. o - the town manager shall include in their budget the top budget priorities submitted annual • In 13A add "and the town council" after town council president in the sentence that reads "The manager shall notify the council president and the town council as soon as practical, but within 24 hours, of such emergency .... SECTION 3-4 REMOVAL 5) Specify the minimum number of votes needed to remove the Town Manager. Proposed change: Add a new first sentence to Section 3-4 "The town council, by the affirmative vote of at least five members, may vote to remove the town manager." 31 SECTION 3-6 EVALUATION OF TOWN MANAGER Comments from Committee: • - Add (b) The review criteria for town manager will be posted on the town website and any resident who desires can submit a review of the town manager to the town council. • (a) Provide for review and metrics for measuring performance for Town Manager and key staff (Financial, Planning) • Spell out details on the manager's performance, in an ordinance? • The town council shall evaluate the town manager annually using as one metric the degree to which the goals and strategies presented in their public presentation at the beginning of the calendar year where achieved. Additional metrics shall included, but not be limited to such, whether annual evaluations of assistant town managers and department heads have taken place, the degree to which communication and engagement with residents has occurred, and to what degree they has instituted the ordinances, orders, and resolutions of the town council. 32