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HARWICH CHARTER COMMITTEE
EASTHAM TOWN HALL
MINUTES
OCTOBER 6, 2009
Members present were: Scott Kerry, John Knight, Judy Canon, Nan Balmer
Absent: Stephen Wasby
Guest: Sheila Vanderhoef, Town Administrator
The meeting began at 5:15 pm.
Chairman Kerry said the next meetings are scheduled on October 20 and November 3. The Committee was advised of a new state ethics requirement to take on-line training or attend a workshop.
Town Administrator Vanderhoef responded to the Committee's questions about the operation of town government under the charter as follows:
- Administrator's authority to appoint police and fire chiefs: The chiefs are appointed by and report to the Town Administrator and are treated under the same rules as other department heads. In towns where chiefs report to the Selectmen they are more independent because the Board is not available for day to day supervision.
- Strong Town Administrator: The Administrator's authority to appoint the chiefs defines the Town Administrator in Eastham as a strong administrator compared to, for example, the chief administrator position in Brewster which is under the state's Executive Secretary” statute and has reduced personnel authority. In Eastham, the Town Administrator controls the hiring process for all personnel. If the Board does not like an appointment, it could if it chose, fire the Town Administrator but the Board would still be unable to choose its own candidates for chief or any other department head position. In Eastham, the Town Administrator's strong personnel authority is balanced by the Board's authority to veto personnel appointments within 15 days. This veto authority provides the impetus for a Town Administrator to work out differences on
personnel appointments with the Board before making an appointment.
- Evaluations of personnel: Written evaluations of personnel are protected, not public documents, under the state public records law. Personnel evaluations are not shared with the Board. Most town employees are under union contracts which drive their working conditions.
- Time of presentation of budget to Finance Committee. The Town Administrator discussed the logistics of the budget process saying she follows the charter and works to meet the charter's timetable and process. Mr. Knight said the charter should be changed so the Finance Committee received the Town Administrator's proposed budget when the Board receives it. This would make it easier for town staff and establish a more harmonious relationship between the boards. Ms. Vanderhoef said it worked well when the Finance Committee received the budget at the same time as the Board. She pointed out that the Board of Selectmen's budget, not the Town Administrator's budget, is what is presented at town meeting.
- Procurement: Every town is required by the state to have a Chief Procurement Officer and this designation under the charter should remain with the Town Administrator.
- Town Treasurer and Clerk: There are no qualifications under the law which candidates must meet to run.
- Article IX, C-9-2-D – Publishing of Warrants: The current language requires the entire warrant be published in a local newspaper. Ms. Vanderhoef recommended instead publishing a notice of the availability of the warrant. The following language was discussed:
- D. A notice informing the public of the availability of the warrant for each Annual and Special Town Meeting shall be published in a local newspaper at least 14 days prior to any such Town Meeting.
- Committees: Regulatory committees including Conservation Commission, Board of Health, Planning Board, and zoning board are defined in statute and should remain in the charter. The inclusion of other committees is discretionary. The charter's general statements on committees and the Board's authority to create and disband them could be clearer. Ms. Cannon's position is that section C-5-2 on Committee Organization and Procedures should be revised to provide consistent direction on the operation of committees, the requirements for minutes and establishing a quorum. Ms. Vanderhoef noted certain requirements are in state statute
Ms. Vanderhoef said she would provide copies of the charter. The committee is currently working with the edition of the charter showing the amendments proposed in 2000 but not approved by the legislature.
Minutes of September 20, 2009: Mr. Knight said he does not believe it necessary to meet with Representative Peake at the end of the charter review process. The committee also discussed how the chair might better keep order during committee discussions. The minutes of September 22 were approved as distributed, 3-0-1 with Mr. Knight abstaining.
The following sections of the Charter were reviewed:
- C-3-4-E: Committee responsibility to the Board of Selectmen through the Town Administrator:
- C-3-8-B: Mr. Knight questioned why the Moderator should appoint the members of the Cape Cod Regional Vocational High School.
- It was moved and seconded to keep this section as is and approved 3-1-0 with Mr. Knight opposed.
- C-3-8-E: Town Collector / Treasurer:
- It was moved and seconded to keep this section as written and approved 3-1-0 with Mr. Kerry opposed.
- C-3-8-F: Treasurer / Collector duties
- This section was deferred because of an interest in reviewing the investment policy of the town.
- C-3-8-K: Housing Authority
- It was moved and seconded to keep this section as is and approved 4-0-0.
- C-4-3-C- 3: Town Administrator's duties regarding keeping the Board informed – Committee considered including advising the Board of personnel evaluations
- It was moved and seconded and approved 4-0-0 to retain this section as is.
- C-4-3-C-7: Town Administrator as Chief Procurement Officer
- It was moved and seconded to retain as is and approved 4-0-0.
- C-4-4: Town Administrator's Powers of Appointment
- It was moved and seconded to retain as is and approved 4-0-0.
- C-5-2: Organization and Procedures
- Action on this section was deferred.
- C-5-3: Compensation of appointed Boards
- It was moved and seconded to retain as is and approved 4-0-0.
- Action on this section was deferred.
- C-3-8-I: Library Trustees: Town Counsel opinion will be sought on membership.
- It was moved and seconded to reconsider a prior vote to change the membership of the Library Board of Trustees, approved 4-0-0.
- It was moved and seconded to add the words: “and Finance Committee” after the word “Selectmen “in line 2 and before the words “a comprehensive”. Approved 4-0-0
- C-6-2, A, B: Action on Proposed Budget: Mr. Knight will suggest new language regarding the Finance Committee.
- Action on this section was deferred.
- C-6-3: Budget adoption prior to fiscal year
- It was moved and seconded to retain this section as is. Approved 4-0-0.
- C-6-4: Capital Improvements Plan: Mr. Knight noted in his experience it is not a priority for the Finance Committee to receive the plan at the same time as the Board.
- It was moved and seconded to retain this section as is. Approved 4-0-0
- C-6-5: Notice of Public Hearing on Capital Plan
- The committee considered language to require notice of the availability of the capital plan at public buildings such as the Library.
- C-6-7: Audit requirement:
- It was noted the School Committee may not have been required to participate in this audit.
The meeting adjourned at 7:00 pm.
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Respectfully Submitted,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Nan Balmer
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