CHARTER REVIEW COMMITTEE
Minutes of May 12 2009 meeting
Committee members present: Scott Kerry, chair; Nanette Balmer, Judy Cannon, John Knight, Stephen Wasby
Others present: Gwen Pelletier, Town Moderator; David Schropfer, Selectman; Sheila
Vanderhoef, Town Administrator; Elizabeth Lane, Town Counsel
The meeting began at 500pm and was adjourned at 615pm.
Town Moderator Gwen Pelletier convened the meeting. She made introductory remarks and stated some basic rules, including the posting of meetings and the need for expeditious meetings.
Chairman Scott Kerry then chaired the meeting. Committee members started to introduce themselves, and David Schropfer indicated he was voluntary liaison from the Board of Selectman.
The Town Administrator and Town Counsel arrived. The Town Administrator handed out a packet with materials for the committee and indicated the help available from her office. Town Counsel Elizabeth Lane explained what a Charter Review Committee is – it is not a Charter Commission – and indicated the elements of the Committee’s task. She cautioned against certain types of changes. She asked whether members had thoughts about what needed to be changed. Most said that they had such ideas but that discussion of them was premature. Gwen Pelletier indicated that some matters that may arise are not charter matters but policy issues. Town Counsel explained relevant law, including the relation between state law and local bylaws. The Charter has the full effect of state law, and bylaws are much more easily
amended. She indicated two basic ways to amend a charter – a home rule method and a special act method, which might include a townwide vote. The Town Administrator reported on the last attempt to revise the charter. Elimination of transitional provisions and changing the Treasurer’s position to an appointed one were placed in one article, which got tied up in the legislature and never was acted upon. Scott Kerry indicated that the Treasurer provision had passed Town Meeting easily, but that there had been a problem of communication with the incumbent. It was suggested that the Committee’s recommendation should be in separate articles – at least that housekeeping matters should be kept separate from others.
Town Counsel then stated the rules affecting the committee. She reported on (1) open meeting rules – posting of meetings at least 48 hours in advance, through the Town Clerk, and the need to post meetings of subcommittees should there be any subcommittees; (2) minutes, which should be regularly approved; (3) attendance by non-members – they must be allowed to attend although not necessarily to speak, and reporters must be allowed to attend but filming is at the discretion of the Chair; (4) public records – all documents generated are public records, with request for them to go through the Chair; and (5) conflict of interest – Committee members are public employees, and thus covered by conflict-of-interest rules, which also include avoiding the appearance of impropriety, and members must be
careful not to speak as if they were speaking for the Town.
Charter Review Committee - May 12 2009 Minutes - p. 2
John Knight said that even only two committee members shouldn’t converse on business over coffee in restaurants, because of potential problems that can be caused. Stephen Wasby asked about this as two is not a quorum of the committee, and Chairman Kerry said that if it is good enough for two people, it is good enough for all five, and the matter should be brought to the committee. Town Counsel said the safest thing to do is to do all business in committee meetings. There can be no discussion among the committee’s members on e-mail, although
e-mail can be used for purposes like sending agendas and documents in advance of meetings.
Committee members then completed their introductions of themselves.
There was discussion of when the committee should meet. Judy Cannot thought we should meet every other week. We agreed on 5pm on Tuesdays. The next meeting will be in three weeks, on Tuesday, June 2, 2009, at 500pm, to allow the chair to prepare and distribute some materials for our use and discussion. The dates of the next several meetings will be determined at that time. There will likely be some public hearings. The Town Administrator indicated that the Part-Time Resident Taxpayers group has two meetings during the summer, so that we should not wait until Spring to contact them.
John Knight said he was a stickler for well-run meetings, and was submitting some ideas on conduct of meetings to the chair. Scott Kerry said he believed in working from an agenda and sticking to that agenda.
The Committee then selected a clerk. John Knight moved, Judy Cannon seconded, that Stephen Wasby be Clerk. Wasby said he wanted the members of the Committee to know that he prepared relatively full minutes. Wasby was elected clerk, 4-0-1.
Stephen Wasby had asked about the status of Committee recommendations at Town Meeting, in terms of their place on the Warrant. The Town Administrator said they were not petitioned items, and thus would be earlier on the warrant than petitioned matters. For each article the Committee suggests, its recommendation must be shown, and the recommendations of the Board of Selectmen and of the Finance Committee must be obtained. Ms. Vanderhoef will provide deadlines with respect to the Town Meeting, and recommended that the committee finish its work in February to fit with the schedule of preparation for Town Meeting.
Items suggested to be placed on the agenda for the next meeting:
(1) which officials and others to ask if they wish to appear before the Committee;
and (2) a policy on outsiders speaking at meetings.
Respectfully submitted,
Stephen L. Wasby, Clerk
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