Town Council Majority Office
Ordinance Committee
MAY 8, 2014
PRESENT Rich Kehoe, Chair; Councillors Esther Clarke and Bill Horan (arrived 6:45 p.m.)
ALSO Registrars of Voters Mary Mourey and Judi Shanahan
PRESENT Rich Gentile, Assistant Corporation Counsel
Duncan Bird, 22 Phillips Farm Road
Frances Wishart, 5 Phillips Farm Road
Celine Sauvé, 15 Phillips Farm Road
CALL TO ORDER
Chair Kehoe called the meeting to order at 6:41 p.m.
APPROVAL OF MINUTES
March 27, 2014 Meeting
MOTION By Esther Clarke
seconded by Rich Kehoe
to approve the March 27, 2014 Ordinance meeting minutes.
Motion carried 2/0. (Horan absent)
MOTION By Esther Clarke
seconded by Rich Kehoe
to amend the agenda by adding, under Old Business, Item 4.D. entitled
“Panhandling” and to take such item out of order to accommodate those
present.
Motion carried 2/0. (Horan absent)
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Panhandling
The Ordinance Committee reviewed the May 7th draft of the panhandling ordinance. As Corporation Counsel indicated, the intent of this ordinance is to address the types of panhandling that are commonly referred to as aggressive panhandling which is doing more than merely standing and asking people for donations. For example, aggressive panhandling would cause people to feel disturbed, threatened or otherwise apprehensive of the actions of the panhandler. The Committee reviewed the recently adopted Manchester ordinance along with an ordinance from Stonington. Members of the public who were present from Phillips Farm indicated that they were particularly concerned about the activities of people panhandling at the entrances to the Stop and Shop complex on Silver Lane. They talked with the commercial tenants on
the property and requested that the tenants contact the landlord to urge him to prohibit panhandling on the private property. No progress to date has been made in that effort.
The Committee shared the public’s concerns with regard to panhandling at that site and other locations across town. In reviewing the draft ordinance, the Committee was careful to insure the First Amendment rights of individuals to request donations would not be abridged. The Committee suggested a few changes to the May 7th draft, including adding the following language: “except where the following activity is on private property without the written permission of the owner or tenant of such property” should be placed in front of the 2nd sentence in subsection (a) of the May 7th draft. The intent of the added language is make certain that passively standing or sitting with a sign seeking donations – which is not considered panhandling in general – would still be
considered panhandling if that activity was occurring on private property without the permission of the owner or tenant of that property.
In addition, in subsection (b) the Committee recommended “or” be placed in front of numeral nine which is the last in a series of provisions in subsection (b). Finally, the Committee reviewed subdivision 7 of subsection b and is recommending deleting the word “knowingly” and replacing it with the following: “knows or should have known that his action” and the rest of the sentence remains intact. The intent of this change is to make certain that the town does not have to prove that the person actually knew that the action was going to cause someone to believe that they may suffer physical harm. Rather there would be a violation of the ordinance if the panhandler’s actions were such that he knew or should have known, that the panhandler’s actions would make people feel that they
would suffer harm.
MOTION By Esther Clarke
seconded by Bill Horan
to send the May 7th draft of the Panhandling Ordinance with the Committee’s
suggested changes to be denoted as the May 8th draft to the Town Council
for the purposes of setting a public hearing date.
Motion carried 3/0.
Panhandling Ordinance
(05-08-14 Draft)
The Town of East Hartford Code of Ordinances is hereby amended to add a new Article 7 entitled “Panhandling”, Section 13-30 as follows:
- As used in this section: “Panhandling” means any solicitation made in person requesting an immediate donation of money or the purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation. Except where the following activity is on private property without the written permission of the owner or tenant of such property, “Panhandling” does not include passively standing or sitting with a sign or other non-verbal indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person;
- No person shall engage in panhandling: (1) between sunset and sunrise on any street, sidewalk, public right-of-way, or other public property; (2) at a bus stop; (3) in a vehicle on the street; (4) on private property, unless the person panhandling has written permission from the owner or tenant of the private property; (5) in a manner that blocks the path of the person being asked for a donation; (6) by following a person who walks away from the person who is panhandling; (7) by making any statement, gesture, or other communication by which the person panhandling knows, or should have known, that his action causes, or would cause, another to believe that the panhandler will cause physical harm to the person or property of the other person; (8) by knowingly making any false or misleading representation in the course of panhandling; or (9) by
stating that the donation is needed for a specific purpose then spending the donation received for a different purpose.
- Any person violating the provisions of this ordinance shall be fined not more than one hundred dollars for each offense.
Councillor Esther Clarke refrained from any discussion and vote on the following agenda item.
Registrars of Voters
The Committee reviewed the May 7th draft of the Registrar of Voters ordinance. As the Chair explained, the Registrars have not received a salary increase since January 1, 2010. The Registrars had requested an increase to $22,500 on an annual basis. They provided the Committee information regarding their additional duties and responsibilities since 2010. The information also provided a comparative compensation package for other Registrars in surrounding towns. The draft ordinance takes the salary that the Registrars have been receiving since 2010 and increases that salary by the CPI for the calendar years 2009 through 2013 which represents a total increase of $1,750.00. The Committee acknowledges that this increase does not reflect any additional responsibilities but does bring the salary of the
Registrars more closely in line, but not equal to, the salaries of other Registrars. The Committee also recognized the fact that the concept of increasing ordinance-established salaries by the COLA has been the Town Council’s method of addressing other elected officials’ salaries, including the Mayor.
MOTION By Bill Horan
seconded by Rich Kehoe
to send the May 7th draft of the Registrars of Voters salary ordinance to the
Town Council for the purposes of setting a public hearing date.
Motion carried 2/0. Abstain: Clarke
Registrar of Voters Salary Ordinance
(5/7/14 draft)
Section 2-3b of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
Beginning on January 1, [2009] 2015, the salary for each registrar of voters shall be [$18,504 which is an increase of 2.8%, representing the increase in the consumer price index for 2007 and beginning on January 1, 2010, the salary for each registrar of voters shall be $19,540 which is an increase of 5.6%, representing the increase in the consumer price index for 2008. In addition, the salary for January 1, 2010 shall be increased by $460.00] $21,750 which is an increase of $1,750 representing the increase in the consumer price index for calendar years 2009 through 2013.
Committee members Rich Kehoe and Bill Horan also noted that while there was a request for an increase in the deputy registrars’ compensation, such compensation is not currently set by ordinance. They felt that since deputy registrars are not elected, their salaries should be addressed through the town’s budget process. They requested that Corporation Counsel determine what is the appropriate method for providing the requested increase in compensation to the deputy registrars similar to the increase requested by the Registrars of Voters.
Pension & Retiree Benefits Board Jurisdiction
The Committee reviewed the May 7th draft of the Pension & Retiree Benefits Board duties which would amend the current ordinance to establish specific responsibilities of the Pension & Retiree Benefits Board relative to settling disputes between the town and the retiree over pension amounts and determining whether the town employee qualifies for a disability retirement because such duties were contained in a legal opinion issued by Corporation Counsel from October 2013.
Assistant Corporation Counsel Rich Gentile noted that while the legal opinion detailed those specific duties, those actual duties are contained in the labor contracts between the town and the various unions that obtain pensions through the Pension & Retiree Benefit Fund. Such contracts in the future might change those duties and as such, those duties should not be contained in the ordinance.
The Committee agreed with Attorney Gentile’s analysis, but nonetheless, expressed concern about the functioning of the Board and whether it might be appropriate to add additional members to insure a proper quorum and to insure that the members have certain qualifications that would serve the Board well in its fiduciary duties as contained in the ordinance and the labor contracts. Corporation Counsel will review whether additional members can be added without violating any provision of existing labor pension contracts.
The Committee also discussed how the Pension Board may have a role in insuring that the specific pension amount is accurate and whether there is a particular audit or other checks and balances, to determine if the pension amount is correct and is consistent with the contractual language.
The Committee will review what is done at the state level and will then discuss further if there should be any amendments to the current ordinance to make sure that the Pension and Retiree Benefit Board has the clear authority, if appropriate, to ensure that all pensions are consistent with both contract language and the pension contract themselves.
No further action taken at this time.
East Hartford Veterans Affairs Commission
The Committee reviewed the May 7th draft of the East Hartford Veterans Affairs Commission ordinance. State law requires that each town designate a veterans service contact person – the goal of which is to make sure that there is at least one person that a veteran may contact in town who would provide direction as to where a veteran should go to resolve questions involving benefits, disability requirements, and other veteran-related issues. This person would not be a veteran service officer who has much more background in the specifics of veteran benefit procedures and veteran rights and can represent a veteran before the Veterans Administration. Rather, the Veterans Services contact person would simply be someone that could direct the veteran to the appropriate body to assist
them. The State Department of Veterans Affairs has an annual education program that the designated person would attend to be certified as the contact person. It is not a very intense program, lasting less than a day. The Committee felt that it was appropriate for the Chair of the Veterans Affairs Commission or such other members of the Veterans Affairs Commission actually designates, serve as the contact person. The Committee felt that the Veterans Affairs Commission members themselves would best determine who could provide the service contemplated by state law and could in fact could designate more than one person to serve as veterans affairs contact person.
MOTION By Esther Clarke
seconded by Bill Horan
to send the May 7th draft of the East Hartford Veterans Affairs Commission
Ordinance to the Town Council for the purposes of setting a public hearing date.
Motion carried 3/0.
Veterans Commission Ordinance
(5/7/14 draft)
Section 2-113b of the Town of East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
(a) There is established a commission on veterans’ affairs. The commission shall consist of
nine members. At least six members shall be residents of East Hartford. Such members shall be appointed for a two year term. In addition, the agent for veterans' affairs designated pursuant to Section 2-113a, shall serve as an ex-officio member of the commission on veterans' affairs.
(b) The commission shall serve as a resource for information concerning federal, state and local benefits and services for veterans, active duty personnel and their families. The commission shall compile contact information from federal and state veterans’ affairs agencies and veterans’ advocacy groups. The commission may coordinate the scheduling of regular hours for veterans’ advocates to meet with veterans at town hall or other town facilities. The commission may assist the mayor and the agent for veterans’ affairs in communicating matters of interest to veterans, active duty personnel and their families in the town of East Hartford.
(c) The chair of the commission, or such other members of the commission as the commission, by majority vote shall designate, shall serve as the town’s veterans’ service contact person pursuant to section 27-135 of the Connecticut General Statutes. Such person or persons shall complete an annual training course pursuant to section 27-102l of the Connecticut General Statutes and shall comply with such other requirements for a veterans’ service contact person as set forth in state law.
ADJOURNMENT
MOTION By Esther Clarke
seconded by Bill Horan
to adjourn (7:45 p.m.)
Motion carried 3/0.
cc: Mayor Leclerc
Town Council
Mike Walsh, Finance Director
Rich Gentile, Assistant Corporation Counsel
Registrars of Voters: Mary Mourey and Judi Shanahan
Bernard Corona, VTs Affairs Commission
Vincent Parys, VTs Affairs Commission
Duncan Bird, 22 Phillips Farm Road
Frances Wishart, 5 Phillips Farm Road
Celine Sauvé, 15 Phillips Farm Road
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