CHARTER REVIEW COMMITTEE
Minutes - July 14 2009
Present: Scott Kerry, Chair; Nan Balmer, Judy Cannon, John Knight, Stephen Wasby.
Lillian Lamperti, Town Clerk; Joan Plante, Town Collector/Treasurer;
Sheila Vanderhoef, Town Administrator
The meeting began at 5:00pm and was adjourned at 6:25pm.
I. The Committee heard from Town Clerk Lillian Lamperti and Town Collector/Treasurer Joan Plante, who had been invited to present their views. Both were asked their thoughts on whether their positions should be elected or appointed, and about any concerns related to the technical nature of their offices and the possible election of someone based on popularity; they were also asked if they had any concerns with provisions of the Charter.
The Town Clerk said she had opposed changing from election to appointment of the positions during the last review of the Charter. She also had opposed the provisions being only on the Town Meeting warrant but not also before the voters in an election. The matter of changing the mode of selection of the two positions should have gone to a vote and not been mixed in with “housekeeping” changes to the Charter, which helped explain why the legislature never acted on it.
As to election or appointment, she said that taxpayers were being served by elected persons, who provide the taxpayer better service with their problems; the Town Clerk works with a wide range of boards. Appointed clerks have a problem of being there for only a short term, and thus are afraid to speak out. She said this also applied to the Town Collector.
She felt that the process of selecting candidates and viewing them would be sufficient to guard against someone being chosen on the basis of popularity. The staff would know the details of work and could perform them, and help is available from the Clerks Association.
John Knight asked about replacing the Town Clerk should that official’s term not be completed. The Town Clerk said she has made provision for training an assistant, and the Board of Selectmen would appoint someone until the next election.
Nan Balmer asked about a residency requirement for assistants. At present assistants are all residents of Eastham.
Town Collector/Treasurer Plante said there was nothing in the Charter that has caused problems for her. She has been elected, and it has worked well, and she sees no reason for it to be changed. The position has always been filled with a qualified person to this point. She feels there
is a difference in mindset between elected and appointed officials. As to the popularity concern, she said it is a possible concern, but would hope several people would run and that there would be several qualified persons in the race. Recall is also available.
In response to Mr. Knight’s question, the Treasurer/Collector said her assistant does all the things she does. Many towns with an appointed Collector/Treasurer have a “revolving door” problem, as people move around a lot more, and that is a detriment, because of lack of continuity and disruption.
The Town Clerk agreed with the Treasurer: If one is elected, one feels obligated to the taxpayers.
Charter Review Committee - Minutes - July 14 2009 - Page 2
II. The Minutes of the June 16 2009 were approved as written and distributed, 4-1, after Judy Cannon questioned some of the language.
III. Chairman Scott Kerry reported that he had written to the Town Administrator for further information on the questions earlier asked them.
He indicated the list of people he had contacted or tried to contact. He has written an article for the Eastham Part-Time Residents Association and offered to appear at one of the group’s summer meeting. He noted having received an e-mail from the Town Moderator (see below).
IV. The Committee began its review of Article III of the Charter.
No concerns were raised as to C.3-1, C.3-2, C.3-5, C3-6, and C3-9. As to C.3-2, Nan Balmer asked whether there had been discussion in the Town about the Town Manager form of government.
- C-3-3B: The change from “a” to “the” –proposed in the last Charter review– was noted.
- C-3-4E: Judy Cannon suggested deleting “All” at the beginning of the section.
- C-7: Nan Balmer raised a question about Board of Selectmen being specifically designated to represent the Town in inter-municipal groups, and the language
“The Board shall designate its own members on . . “ was suggested.
As to C-8, the chairman read an e-mail from Moderator Gwen Pelletier, who suggested grouping all the Moderator’s appointments in one place in the Charter and raised the possibility, used in some other Towns, that none of the Finance Committee members are appointed by the Board of Selectmen. Judy Cannon agreed that the appointed positions should be grouped, but disagreed about the FinCom appointments being changed.. Chairman Kerry questioned listing the Moderator’s appointments in the Charter. Stephen Wasby spoke of the need to specify in the Charter just which positions to which the Moderator made appointments.
Holds were placed on the following items in C.3-8 for further consideration: B, C, E, F.
V. After the meeting on July 21 2009, the subsequent scheduled meetings will be on
September 8, September 22, October 6, and October 22 (all Tuesday, all at 500pm).
Respectfully submitted,
Stephen L. Wasby
Clerk
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