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HomeMy Public PortalAbout2021_05-28 Collins_Memo in Preparation for CRC Meeting on 2021_06-01 100 Morrissey Boulevard FA Boston,MA 02125-3393 EDWARD J. COLLINS, JR. CENTER FOR PUBLIC MANAGEMENT P: 617.287.4824 UMASS JOHN W.McCORMACK GRADUATE SCHOOL OF POLICY AND GLOBAL STUDIES F: 617.287.5566 BOSTON UNIVERSITY OF MASSACHUSETTS BOSTON mccormack.umb.edu/centers/cpm collins.center@umb.edu Memorandum TO: Watertown Charter Review Committee FROM: The Collins Center Charter Project Team DATE: May 28, 2021 RE: Preparation for June 1 Meeting Overview With likely only three meetings left of this Committee, the project team would reiterate that it will be most productive if the Committee avoids wordsmithing and focuses on agreeing on key concepts. The project team recommends that votes be taken not on specific language, but on the concepts in the language provided. Motions should reference specific requested changes to those concepts, and what those changes should be. The Council will be able to work out the specific details when it takes up the recommendations. Similarly, because the Council will get another chance to discuss these items,the project team would reiterate the prior suggestion that priority in speaking be given to the resident members of this Committee. The project team is including committee members' proposed changes for the remaining articles by member in the appendix. If there is interest, proposals by sub-section will be included in the next memo. Included in this memo: a) Plan for June 1 meeting b) Proposed text changes from Articles 2 and 3 that remained under discussion or were not discussed at last meeting c) Initial Proposed Text Changes for Articles 1 and 4 through 9 Appendix A: Proposed text changes from Article 2 approved at last meeting Appendix B: CRC Members' Recommendations for Articles 1 and 4-9 (by individual) (as received by 5128121) 1 a) Plan for June 1 Meeting 1. Review language for remaining items from last three meetings and vote Article 2: ✓ (done) Item 1: Add ability for council to determine its staffing needs (see Appendix A) ✓ (done) Item 2: Add language on council's policy-setting role and authority (see Appendix A) • (under discussion; mostly complete) Item 3: Add a state of the town and/or an annual public forum (see section B) • Item 4: Empower council president to act as spokesperson for the council and to have a clearer role in policy leadership and vision development (see section B) • Item 5: Allow council president the option to delegate school committee membership to another council member for the duration of the term (see section 13) • Item 6: Clean up language on filling of council vacancies (see section B) Article 3 (see section B): • 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 2. Proceed through Articles 2 and 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. 3. Begin discussion of remaining Articles with potentially non-controversial topics (see Section C) • Item 1: Flip order of language about distribution of powers so legislative is first and executive second (Article 1, Section 3) • Item 2: Provide better description of budget process that clarifies council's role and authority (Article 5, Sections 1 and 2) • Item 3: Add language to ensure that the capital outlay program is connected to council goals and town vision (Article 5, Section 5) • Item 4: Provide new composition for future charter review committees (Article 8, Section 1) 4. Begin proceeding through remaining articles (Preamble, 1, 4, 5, 6, 7, 8, and 9) for other items raised by Committee members As with Articles 2 and 3,the project team notes that there are other key items that may be controversial and may require discussion (e.g., preamble text, whether to change from "town" to "city", etc.). This will be where those items will be addressed. 2 b) Proposed text changes from Articles 2 and 3 that remained under discussion or not discussed at last meeting The following item remained under discussion at the last meeting. The project team has worked to align (b) and (c), as requested, and has added a new sentence at the end of(c)to prevent overlapping meetings. Item 3:Add a state of the town and/or an annual public forum SECTION 2-10 ANNUAL COUNCIL MEETINGS In addition to the annual budget meeting described in Section S-1 and any other meetings the council creates by ordinance, the council shall hold the following annual meetings: (a) State of the Town:The council president, in conjunction with the town manager, shall prepare and deliver a yearly message to the residents describing the state of the town.The message will address the financial state of the town, strengths of the town, and areas that need attention, as well as potential opportunities for the betterment of the town. (b) Annual Open Public Forum:The council president shall convene at least 1 meeting of the general public each year for the purpose of obtaining public input to the policies of the town.The meeting agenda and format shall be determined by the town council but shall be designed to facilitate 2-way communication between the town government and residents. Members of the public may submit potential items for the agenda of the meeting in accordance with rules adopted by the town council. The public shall be given at least 14 days' notice of the date and time of such meeting. (c) Individual Councilor Meetings: Each at large and district councilor shall convene at least 1 meeting each year open to all residents. The meeting agenda and format shall be determined by each councilor but shall be designed to facilitate 2-way communication between the councilor and residents. Members of the public may submit potential items for the agenda of the meeting in accordance with rules adopted by the town council.The public shall be given at least 14 days' notice of the date and time of such meeting. Councilors shall schedule these meetings in a way that prevents more than one from occurring at the same date and time. The following items from Article 2 that had been provided for Committee discussion were not discussed at the last meeting. Article 2, 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 3 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). 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,aa4 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 policv and shall be responsible for leadina the development, periodic review, and updating of a lona- term vision for the town, in collaboration with the council, the town manager, and members of the public. Article 2, 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." Article 2, Item 6: Clean up language on filling of council 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: Below is new proposed language for sub-sections (a) and (b). 4 (a) Vacancies in the First 12 months of the Council Term - If a vacancy shall occur in the office of council president,councillor-at-large,or district councillor during the first 12 months of the term for which councillors are elected,the vacancy shall be filled by a special election to be held at least 60 days but not more than 120 days after the date the election is called; provided, however, that the town council may, by vote of not less than 6 councillors, instead appoint an eligible voter to fill the vacancy on the council. Should the seat of a district councillor be vacant, the voter chosen to serve as councilor must be a resident of the district. (b) Vacancies in the Second 12 months of the Council Term - If a vacancy shall occur in the office of council president, councilor-at-large, or district councillor during the second 12 months of the term for which councillors are elected,the council may, by a vote of not less than 6 councillors,vote to call a special election to fill the vacancy at least 60 days but not more than 120 days after the date the election is called, or the council may, by vote of not less than 6 councillors, appoint an eligible voter to fill the vacancy on the council. Should the seat of a district councillor be vacant, the voter chosen to serve as councilor must be a resident of the district. The following items from Article 3 that had been provided for Committee discussion were not discussed at the last meeting. 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%^ ^fa.an iRdpf*-R*tp term of^ffi^^ Article 3, Item 2:Strike the town manager residency requirement Purpose: Town manager residency requirements can significantly 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. 5 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. Article 3, 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. 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 manaaer 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: ... Article 3, 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. 6 Article 3,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 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. 7 c) Begin discussion of remaining Articles with potentially non-controversial topics Item 1: Flip order of language about distribution of powers so legislative is first and executive second Purpose:Traditionally,the legislative branch is described first in charters and constitutions. In Watertown's form of government,where the legislative is directly accountable to the voters and the executive is directly accountable to the legislative, the legislative should be given primacy. Although symbolic, this will hopefully help to reinforce the balance-of-power and accountability issues that have periodically been raised repeated during these discussions. Location:Article 1, Section 3 Proposed change: Below is new proposed language, as provided by member Hecht to replace all of 1-3. The fiscal, prudential, and municipal affairs of Watertown, with the government thereof, shall be vested in a legislative branch to consist of a town council and an administrative branch headed by a town manager.The legislative branch shall never exercise any administrative power and the administrative branch shall never exercise any legislative power. Item 2: Provide better description of budget process that clarifies council's role and authority Purpose: As discussed previously, the current Article 5 text describing the budget process has issues around transparency, communications, and the council's role. There are opportunities to significantly improve all three with changes to the text. Location:Article 5, Sections 1 and 2 Proposed change: Below are the proposed text changes. SECTION 5-1 BUDGET PROCESS COMMENCEMENT MEETING IJCv AND TOWN COUNCIL GOAL SETTING. (a) Budget Process Commencement Meetina-The president of the town council shall call a meeting of the town council prior to the commencement of the budget process, but not later than October 30, to review the financial condition of the town, revenue and expenditure forecasts, and other information relevant to the budget process.The president also shall invite members of the public, then te-iAm'< State legi latiye delegation and FepFesentativese{the school committee,arm the library board of trustees, and the town's state legislative delegation to attend this meeting. Town Council Goal-Setting:Subsequent to this meeting,the town council shall meet to set policy goals with input from the town manager and the community. Based on these goals, the town manager will develop budgetary goals and the town budget. SECTION 5-2 SUBMISSION OF BUDGET, MESSAGE. The town manager shall,within 14 days after the receipt of departmental budget proposals, but in no event later than January 31, prepare and submit to the town council a synopsis of all proposed budget initiatives and requests for additional funding for its review and prioritization.The synopsis shall include a summary of each initiative, its justification and its estimated costs. Councillors may also propose budget initiatives for review and prioritization.Any such proposal must include a summary,justification and estimate of costs. The town manapershall review these proposals and provide responses to the council regarding proposals not included in the operating budget. The town manager shall also provide a-R revised estimate of projected revenues. 8 By the first regularly scheduled town council meeting in April, or a later date if approved by a vote of the town council,the town manager shall submit to the town council a proposed operating budget for the ensuing fiscal year,which shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year, an accompanying budget message, and supporting documents. Item 3:Add language to ensure that the capital outlay program is connected to council goals and town vision Purpose: As with the operating budget, the capital outlay program should reflect the council's priorities, goals, and long-term vision. Although implicit given the roles and responsibilities in this form of government, it may be worth making that explicit in the text here. Location:Article 5, Section 5 Proposed change: Below is new proposed new text that could be added in Section 5-5: (a) Submission -The town manager shall prepare and submit to the town council a five year capital outlay program at least three months prior to the final date for submission of a proposed annual operating budget. The capital outlav program shall be based on the council's priorities, aoals, and vision for the town. (b) Contents-The capital outlay program in the form submitted shall include: 1) A clear general summary of its contents, including their connection to council Goals and priorities, Item 4: Provide new composition for future charter review committees Purpose:As discussed throughout the course of the Committee's work,the Committee's own structure has some challenges. The first is the size. Fifteen members is a large size for a body with a mission like a charter review committee's mission. More importantly, as the project team has noted previously, there is a fundamental flaw in having the full council be on the charter review committee. The purpose of the committee is to make recommendations to the council. If the full council is on the committee, it is essentially making recommendations to itself. This is probably the reason that the project team is aware of only one other Massachusetts city having its full council on the charter review committee. Most have a few councilors or none. The project team provides here text for a committee that would have 9 members, up to 3 of which could be members of the council. The project team would also support having fewer councilors on the committee. Location:Article 8, Section 1(b) Proposed change: Below is revised to replace the first sentence of 8-1(b). "The town council shall provide, in every year ending in a zero, for a complete review of the charter by the P-Mire ce-uped and six ad1d1***^'^_' �Atprr a committee of nine members to be appointed by the council president and confirmed by a maioritv of the council. Not more than three members of the committee shall be current members of the council.All members of the committee shall be residents of the town." 9 Appendix A: Proposed text changes from Article 2 approved at last meeting The following text changes were approved at the last meeting. Item 1:Add ability for council to determine its staffing needs Location: Section 2-7 (OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT), probably as sub-sections C and D, and bumping the other letters (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. (d) Additional Staff - The council may establish additional council support positions and consultants by ordinance as the council deems necessary and may by the affirmative vote of at least five members appoint staff to serve in those positions to be under the supeFvisien of the c cil PFesident.All officials of the town shall cooperate with employees and consultants of the town council in the performance of their oversight functions. The project team has attempted to capture where the Committee's discussion and vote left off, but this should be cross-checked against the minutes (and video, if needed). Item 2:Add language on council's policy-setting role and authority Location: Section 2-4 (GENERAL POWERS), probably as sub-section B, and making the existing paragraph sub- section A (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. 10 Appendix B: CRC Members' Recommendations for Other Articles as Sent by 5/28/21 (bv individual) Caroline Bays: SECTION 8-1 CHARTER CHANGES (b) Periodic Review- The town council shall provide, in every year ending in a zero, for a complete review of the charter by the entire council and six additional voters to be appointed by the council president. The said committee shall file a report within the said year recommending any changes in the charter which it may deem to be necessary or desirable, unless an extension is authorized by vote of the town council. CHANGE: I do not think council members should be voting members of the committee. I am flexible about composition but I would have no more than 9 committee members - possibly appointed by each town councilor, or the town council as a whole, with three councilors to serve as advisors to the committee or as non-voting members. Add as SECTION 2-10 1 wanted to add the following as part of article 2 "The town council shall establish a Human Rights Commission by ordinance." I think we should include a Human Rights Commission in our Charter. This would reinforce the preamble's statement of our values. Including this commission in our charter, as opposed to merely creating this through an ordinance, would reinforce that Watertown's commitment to these ideals are so important that it should be incorporated into and reside in the document that is foundational to our town. By including this commission in our charter, It would reinforce and strengthen our commitment to the values of human rights demonstrating that we believe it is an important obligation to uphold the rights and pursuit of equity, inclusion, and dignity of every citizen in our town without exception. It would demonstrate that we believe this is not a transient responsibility that can be established and removed by ordinance, but is a necessary and permanent moral obligation to the citizens of Watertown. ARTICLE 9 -This was put in place for the transition 40 years ago. We need to finally pursue adopting by ordinance any of the outstanding issues so we can delete the Article. This should be included in the document on ordinances. Marcia Ciro: 1.ARTICLE 1 Consider updates suggested by the Collins Center: "It is more common for the legislative branch to be described first in council-manager form of government.Although purely symbolic, the Committee could consider flipping the order of these. [Legislative capacity/balance of power]" Section 1-1 Upgrade to CITY of Watertown 4.ARTICLE 4: OTHER ELECTED OFFICES Section 4-1 (f) Revise if changes made in Section 2-2 (b) 11 Section 4-2 LIBRARY TRUSTEES: keep as elected body It was obvious after hearing the representative from the Library speak early on that they prefer elections. If they think they can do their job better this way,we should defer to them. ARTICLE 5: FINANCIAL PROCEDURES: Section 5-1 Adopt Collins Center suggestions to change language Get public involved BEFORE and not AFTER budget decisions;appropriate budget for advertising; allow for public comment and response period; consider second meeting to address public concerns •See Amherst:SECTION 5.3:PUBLIC FORUM Not later than March 15, but before the Town Manager submits a proposed budget to the Town Council, the President of the Town Council with the cooperation of the Town Manager shall call at least 1 public forum on the topic of the proposed budget. This forum is intended for the Town Council and the Town Manager to present priorities, context based on prior years'budgets, revenue and expenditure forecasts, and other relevant information, and to solicit feedback from the public. Section 5-2 Add extra step per Collins suggestion Section 5-3 (a) Public Hearing: get public involved BEFORE and not AFTER budget decisions (See Amherst 5.3 above) Section 5-5 Follow Collins suggestions: (a) Make this capital outlay report easily accessible, understandable on Town Website 6.ARTICLE 6: ADMIN ORG Section 6-3 Publication: update for 2021 technology 7.ARTICLE 7: ELECTIONS,etc. Section 7-2 How do we make it easier to run for office in general? Section 7-8 How do we ensure a hearing for citizen petitions? It seems that many recent petitions die before they are heard, or petitioners are convinced to take lesser solution. How do we give people more of a voice, esp. if they have gone to the trouble of organizing and getting signatures? It seems the rules are here, but not always followed. 8.ARTICLE 8: GENERAL PROVISIONS Section 8-1 (b) Periodic Review:every 5 or 10 years subject to a vote by the current Charter Review Committee; next review should be in 5 years or closest to that and town-wide elections (b) CHANGE the makeup of this Committee to 9 residents appointed by the Town Council, or some other way, but not all by TCP. (b) provide for the creation of a budget to engage and communicate to the public Section 8-6 (d) Quorum: define better. (Without 48-hour posting? How many?What%of group can meet?) The Open Meeting Laws are confusing and hard to follow. Watertown should define as much as possible pertaining to meetings and conversations outside of public forums. Section 8-12 (new) Follow Collins suggestion for creation of vision committee 9.ARTICLE 9:Transitional Provisions: discuss relevancy 12 Anthony Donato: ARTICLE 4-OTHER ELECTED OFFICES(this title may need to be changed if the CRC decides the Library Board of Trustees should be appointed as opposed to elected) SECTION 4-1(A)COMPOSITION—the language concerning the 7t" member of the school committee may need to be updated if we amend Section 2-2(b) (Council President—Powers and Duties). FILLING OF VACANCIES -(1)If a vacancy shall occur on the school committee during the first 24 months of the term for which school committee members are elected,the vacancy shall be filled by special election held forthwith and no earlier than 64 days from the date the election is called;provided,however,that town council,by vote of not less than 6 councillors,may instead vote to have the vacancy filled by appointment by a majority vote of the remaining members of the school committee from among the voters. (2)If a vacancy shall occur on the school committee during the second 24 months of the term for which the school committee members are elected,the vacancy shall be filled forthwith by appointment by a majority vote of the remaining members of the school committee from among the voters;provided,however, by not less-:ham G'rr tev,%eetmeilorvuitlim 11 days of the date the town eouneil is notified of the vaeaney, a special election to fill the vacancy may instead be held forthwith on a date at least 64 days from the date the election is called if approved by not less than six town councilors within 14 days of the date the town council is notified of the vacancy. The school committee may provide the town council with a non-binding recommendation concerning the manner of selection to be used to fill the vacancy. (3)If an acting school committee member appointed under paragraphs (1)or(2)is not elected to the office at the next town election,or if the position remains vacant,the person certified by the election commission as a successful candidate to the office shall forthwith be sworn and shall serve remainder of the vacant term in addition to the term for which the person is elected. (4)An acting school committee member appointed under paragraphs(1) or(2) shall not be entitled to have the words "candidate for reelection"printed against that person's name on the ballot at the next election. SECTION 4-2(A)COMPOSITION,TERM OF OFFICE—Appointed vs elected? FILLING OF VACANCIES - (1) If a vacancy shall occur on the board of library trustees during the first 24 months of the term for which library trustees are elected,the vacancy shall be filled by special election held forthwith and no earlier than 64 days from the date the election is called;provided however,that the town council,by a vote of not less than 6 councillors,may instead vote to have the vacancy filled from among the voters by appointment by a majority of the remaining members of the board of library trustees and the council president fiNc\w a ems. (2) If a vacancy shall occur on the board of library trustees during the second 24 months of the term for which library trustees are elected,the vacancy shall be filled from among the voters forthwith by appointment by a majority vote of the remaining members of the board of library trustees and the council president among the voters;provided,however,that if approved by not Woo than oix tawn eetmeiler-s within 14 days of the date the tev,%eeeneil is netified of the vaeaney, a special election to fill the vacancy may instead be held forthwith on a date at least 64 days from the date the election is called if approved by not less than six town councilors within 14 days of the date the town council is notified of the vacancy. ARTICLE 5-FINANCIAL PROCEDURES 13 SECTION 5-1 BUDGET HEARING AND GOAL SETTING The president of the town council shall call a meeting of the town council prior to the commencement of the budget process,but not later than October 30,to review the financial condition of the town,revenue and expenditure forecasts, and other information relevant to the budget process. The president also shall invite the members of the public,the town's state legislative delegation and representatives of the school committee and library board of trustees to attend this meeting. Subsequent to this meeting,the town council shall meet to set policy goals with input from the town manager and the community. Based on these goals,the town manager will develop budgetary goals and the town budget. ARTICLE 7-NOMINATIONS,ELECTIONS,INITIATIVE AND REFERENDUM SECTION 7-1 BOARD OF ELECTION COMMISSIONERS (a) Composition-The board of election commissioners shall consist of four persons,of whom two shall always represent each one of the two leading political parties,as defined in section one of chapter fifty of the General Laws.What if an unenrolled voter wants to serve? ARTICLE 8-GENERAL PROVISIONS SECTION 8-1 CHARTER CHANGES. (b) Periodic Review-The town council shall provide, in every year ending in a zero,for a complete review of the charter by the entire council and six additional voters to be appointed by the council president.The said committee shall file a report within the said year recommending any changes in the charter which it may deem to be necessary or desirable, unless an extension is authorized by vote of the town council.The number of town councilors should be decreased. John Gannon: PROPOSED CHANGE 1: ARTICLE 1: INCORPORATION; SHORT TITLE; POWERS; DEFINITIONS SECTION 1-7. DEFINITIONS. (g)Local Newspaper-The words "local newspaper" shall mean a newspaper of general circulation within Watertown,with either a weekly or daily circulation.Any information required to be published in a local newspaper shall also be posted on the town website. Recommended change:- delete the paragraph in its entirety and insert in its place the following: (g)Local Newspaper—The words"local newspaper" shall mean a newspaper or electronic or other media of general circulation within Watertown,with either a weekly or daily circulation. Any information required to be published in a local newspaper shall also be posted in the town website. 14 Jonathan Hecht: 1) Clarify language of Section 1-3 regarding Distribution of Powers Proposed change: Amend Section 1-3 to read "The fiscal, prudential and municipal affairs of Watertown,with the government thereof, shall be vested in a legislative branch to consist of a town council and an administrative branch headed by a town manager. The legislative branch shall never exercise any administrative power and the administrative branch shall never exercise any legislative power." 2) Strengthen Town Council oversight,transparency, and public participation in the adoption of administrative rules and regulations Proposed chanize: Amend Section 8-4 to read: "Town agencies other than the school department and the Watertown Free Public Library may adopt rules and regulations upon authorization by the town council. The town council shall authorize adoption of rules and regulations by ordinance or resolution. Proposed rules and regulations shall be transmitted to the town council and posted on the town website, together with a notice providing for a public comment period of not less than 14 days. Following the public comment period, the town agency shall transmit to the town council and post on the town website any revisions to the proposed rule or regulation or a notice that it is not making any revisions. No rule or regulation shall become effective until at least 5 days following the date the town agency transmits and posts any revisions or a notice that it is not making any revisions. If an emergency exists as determined by the town manager and communicated in writing to the town council, a town agency may adopt a rule or regulation without regard to the procedures or time periods in the preceding paragraph. A copy of all rules and regulations adopted by town agencies shall be posted on the town website and placed on file in the office of the town clerk and made available to any person who requests such information at any reasonable time." 3) Strengthen the Town Council's oversight role by confirming certain department heads and coordinate and clarify sections on appointments to town departments, boards and commissions (Sections 3-2(3), 6- 1, and 9-6) Proposed chanize: Amend the first sentence of Section 3-2(3)to read: "Appoint, and may remove, subject to the civil service law and any collective bargaining agreements as may be applicable, all department heads,town officers and employees of town agencies under the direction and supervision of the town manager." Proposed change: Strike the second sentence of Section 3-2(3) and replace it with the following three sentences: 15 "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(3A) "Appoint all members of multi-member bodies for whom no other method of appointment is provided by general law,the charter, ordinance or town council resolution. Appointments made by the town manager to multi-member bodies shall be subject to confirmation of the town council, as provided by ordinance." Proposed chanize: Amend the second sentence of Section 6-1 to read: "All town departments and offices shall be headed and administered by town officers appointed by the town manager." Proposed change: Strike section 9-6 Leo Martin: Add Preamble Article 1 Change Section 1-1 to "city", under name of"City of Watertown. Reword Section 1-3 to provide more oversight by the Council. In Section 1-7, revisit definitions of"local newspaper", "majority vote"—provided a quorum is present and "town bulletin board". Article 4 Section 4-1 -Only, change is to add "council president or his designee"to conform with changes in Article 2. Section 4-2—Library Trustees—the trustees to the library should be an appointed position. The section should be revised accordingly. Article 5 Add in the State of the City address to be jointly given by the Council President and Manager. It should be given prior to the start of the budget process so the council and its subcommittee will have an idea when developing the guidelines to the Manager. 16 Section 5-1, we discussed breaking this into two paragraphs separating Goal Setting and Budget Hearings. Also discussed the wording of the paragraphs to more closely resemble the steps actually taken to develop the budget. I would agree that we should implement those revisions. Section 5-2, fill in the missing steps that we currently are doing in developing the guidelines presented to the manager. Section 5-3, the documents discussed for the public hearing need to be available for public viewing prior to the hearing. Certainly, on the website, but maybe some hardcopies at the library. Section 5-5, the long-term capital outlay should be tied back to the Goals established by the Council. Article 6 In Section 6-2 (b), is the effective duration of 19 days following the submission date after received by the Council too short? It is longer in some of the more recent charters, e.g.Amherst. Article 7 Add provisions for a recall of an elected official. Section 7-4 (a), Delete, library trustees Section 7-9 (e), Publication—delete, newspaper and reword to indicated website or electronic news service. Article 8 Section 8-1 (b)—change the 10-year review cycle to the year ending in six and the make-up of the Charter Review Committee (CRC).The CRC should be made of nine residents with no more than two members being sitting Town (City) Councilors. The chair of the CRC should be selected by the members at their first meeting. Interested residents shall submit applications stating their interest and listing their civic activities to the Council, be interviewed by a subcommittee of the Council, and approved by the council as a whole.The Council shall establish the schedule and provide the necessary support.The support could be both technical in the form of a consultant as well as financial to pay for the consultant and other expenses to advertise and inform the public. James Mello: OTHER ELECTED OFFICIALS SECTION 4-1 SCHOOL COMMITTEE (d) Powers and Duties 4) Salary-School Committee Members will receive an annual salary of$15,000.00. All future increases shall be the same increase as all other Town Employees receive after all contracts are settled. SECTION 4-2 LIBRARY TRUSTEES DELETE THIS ENTIRE SECTION 17 This would make the Library Trustees an appointed board. SECTION 8-1 CHARTER CHANGES Periodic Review—The town shall provide, in every year ending in zero, for a complete review of the charter by an elected nine member charter review commission with six elected at large and one elected from each of the three districts in the year ending in nine. No current elected or appointed office holder shall be eligible to serve on this commission. The Chairperson of the CRC shall be appointed from the nine elected members by the Town Council President. The said commission shall file a report within the said year recommending any changes in the charter which it may deem to be necessary or desirable, unless an extension is authorized by a vote of the Town Council. Tony Palomba: ARTICLE 4 OTHER ELECTED OFFICIALS SECTION 4-1 SCHOOL COMMITTEE d-3) Second Paragraph -Remove"provided,however,the town council may,by ordinance ....." The town council created the new department of Public Buildings that includes school district buildings. SECTION 4-2 LIBRARY TRUSTEES b-2) Second Paragraph—Remove first and second sentences. I do not believe the TM should be setting policy directives for elected officials. Also,as mentioned above the town council created the new department of Public Buildings that includes the Library. ARTICLE 5 FINANCIAL PROCEDURES Note: The present practices of the Town Council and the Town Manager are very loose interpretations of this paragraph. It would take too long to even summarize, let alone detail,how this paragraph is actually implemented. Therefore I will only add additional paragraphs to each Section. SECTION 5-1 BUDGET HEARING AND GOAL SETTING Following the presentation of the preliminary budget by the town manager,the town council shall hold a public meeting at which a discussion of the preliminary budget is the only agenda item. Following the report from the town council's committee on budget and fiscal oversight on the budget guidelines submitted by councilors,the town council shall hold a public meeting at which only the budget guidelines that are to be prioritized by the town council will be discussed. SECTION 5-2 SUBMISSION OF BUDGET MESSAGE In preparing the town budget,the town manager will include the funding for the budget guidelines prioritized and approved by the town council. Following the submission of the town budget to the town and prior to departmental budget hearings,the town council shall hold a public meeting at which a discussion of the town budget is the only agenda item. ARTICLE 6 18 ADMINISTRATIVE ORGANIZATION SECTION 6-1 REORGANIZATION PLANS BY ORDINANCE No proposals. SECTION 6-2 REORGANIZATION PLANS BY ADMINISTRATIVE CODE (b) Change the last sentence to read "A reorganization plan submitted by the town manager under this section may be amended by the town council by a majority vote of the council." ARTICLE 7 NOMINATIONS,ELECTIONS,INITIATIVE a and REFERENDUM SECTION 7-1 BOARD OF ELECTION COMMISSIONERS (a) Composition Add the following at the end of the only sentence appearing in Composition "and 1 member of whatever parties are listed at the most recent national election". SECTION 7-2 TOWN ELECTIONS: GENERAL; PRELIMINARY SECTION 7-3 PARTISAN ELECTIONS No proposals SECTION 7-4 PRELIMINARY ELECTIONS (c)Determination of Candidates Add the word"district"in the first sentence so it read as follows: "The two-persons receiving at a district preliminary election" SECTION 7-5 BALLOT POSITION,REGULAR TOWN ELECTION SECTION 7-6 DISTRICTS SECTION 7-7 APPLICATIONS OF STATE GENERAL LAWS No proposals SECTION 7-8 CITIZENS PETITIONS TO COUNCIL OR SCHOOL COMMITTEE In the second sentence,remove the words"or,in either case,by a committee or subcommittee thereof'. Add a sentence between the third and fourth sentence to read,"The action of the town council or school committee shall be a in favor or against the proposal determined by a majority vote,and no amendments will be allowed. " SECTION 7-9 CITIZEN INITIATIVE MEASURES (c)Action on Petitions Add the following to the end of the first sentence: "by a majority vote of the town council or of the school committee". (d) Supplementary Petition Add the following words in the first sentence after the word"rejected"—"whether by the town attorney,town council or school committee". (g) Time of Taking Effect End the first sentence after the words `specified in such measure",thus eliminating the rest of the sentence. SECTION 7-10 CITIZEN REFERENDUM PROCEDURES SECTION 7-11 INELIGIBLE MEASURES 19 SECTION 7-12 SUBMISSION OF OTHER MATTERS TO VOTERS SECTION 7-13 CONFLICTING PROVISIONS No proposals ARTICLE 8 GENERAL PROVISIONS SECTION 8-1 CHARTER CHANGES (b)Periodic Review Change the first sentence to read: "The town council shall provide every five years for a complete review of the charter by 3 members of the town council and six additional voters to be appointed by the town council". SECTION 8-2 SEVERABILITY SECTION 8-3 SPECIAL PROVISIONS TO PREVAIL SECTION 8-4 RULES AND REGULATIONS SECTION 8-5 CODIFICATION OF ORDINANCES No proposals SECTION 8-6 UNIFORM PROCEDURES APPLICABLE TO MULTIPLE MEMBER BODIES (a)Meetings Change the words"by written"in the second sentence to the words"in writing and" (b)Rules and Journals Change the word"journals"to the word"minutes" SECTION 8-7 NUMBER No proposals SECTION 8-8 REFERENCES TO GENERAL LAWS Add a sentence at the end that reads: There shall be an appendix to this charter that includes the all General Laws that are referenced in the charter. -4- SECTION 8-9 CERTIFICATE OF ELECTION OR APPOINTMENT No proposals SECTION 8-10 NOTICE OF VACANCIES Add the following sentence after the second sentence: The notice shall include that the Town recognizes the importance of considering gender identity, sexual orientation,race, and ethnicity. SECTION 8-11 PENALTIES FOR ELECTED OFFICIALS CONVICTED OF A FELONY No proposals SECTION 9 TRANSITIONAL PROVISIONS No proposals for SECTION 9-1 through and including SECTION 9-6 20 21