CHARTER REVIEW COMMITTEE
Minutes - November 17 2009
Members present: Scott Kerry, chair; Nan Balmer, Judy Cannon, John Knight (in part), Stephen Wasby
Others present: Selectman David Schropfer (in part)
The meeting, at Eastham Town Hall, began at 5:02PM and ended at 6:56PM.
The Minutes of the meeting of November 3, 2009, were approved as distributed, 5-0.
At the open session, Selectman Schropfer reported on the Board of Selectmen’s meeting at which charter review was discussed. (Later in the Committee meeting, Judy Cannon reported on that meeting, as to their views as to what the Committee had done.) Selectman Schropfer stressed the need to think long-term, beyond individual incumbents. In his personal capacity, he discussed the FinCom’s role, including the question of a joint meeting between the Selectboard and Fincom, and whether we were discussing the Town Administrator’s budget or the Board’s budget. He also discussed issues concerning hiring and oversight of hiring, in which the Board now plays a weak role; he felt the Board’s role should be stronger but should have to vote 4-1 to overturn the Town Administrator’s recommendation. Each member of the Committee asked Selectman Schropfer questions based on these matters.
John Knight presented his revision of Section C6-2. Changes were made to his proposed language as to the budgets from the school committees. Moved and seconded that the entire Section C6-2 be replaced with the new language. Approved, 5-0. (The new section is attached to these minutes.)
Chairman Kerry reported on the matter of whether C8 1-7 are necessary or not. We are waiting for the Town Administrator to report from Town Counsel. This item remains deferred.
Also deferred until the next meeting was examination of previous articles dealing with building projects. Judy Cannon will circulate her draft language on that matter.
As to the Town Collector/Treasurer position, Chairman Kerry reported that he had met with the official to inform her that the question of selection for the position would be reconsidered, and he also discussed this with the Town Administrator. If it is determined that the position should be appointive, the Committee will need to meet with Town Counsel.
Changes were made in the Committee’s meeting schedule.
The Committee will meet on November 24 2009.
The meetings of December 1 and December 15 2009 has been cancelled.
There will be meetings on December 8 and December 22.
[Clerk’s Note: No meeting December 8 because no Town committee meetings: Senate primary.]
Nan Balmer reported on the question of state law as to composition of the Library Trustees. The membership must, by state law, be divisible by three. It was moved and second to retain
Sec. 3-8I as written. Approved 4-0.
Charter Review Committee - Minutes of November 17 2009
Page 2
There was a discussion of Judy Cannon’s revised proposal for C5-2, Organization and Procedures for boards. Various editorial changes were made in the proposal. There was specific discussion as to possible language allowing the Board to extend someone’s term if no other appropriate candidate was available. With that language removed, the new section C5-2 was approved, 4-0. (The new section is attached to these minutes.)
Chairman Kerry asked members of the Committee to consider possible transitional language for Section C3-8, to be considered along with the basic issue as to that section.
It was moved and seconded to retain as is C7-3 (approved, 4-0).
It was moved and seconded to retain as is C5-4 (approved, 4-0).
Respectfully submitted,
Stephen L. Wasby, Clerk
Charter Review Committee - Minutes of November 17 2009 - Addenda
C5-2. Organizations and Procedures.
- Each multimember body shall act in accord with the particular charge adopted for it by the Board of Selectmen, subject to any state law requirements..
B. In addition, all multimember bodies shall:
- Organize annually at the first meeting of the fiscal year.
- Elect a chairperson, clerk and any other necessary officers.
- Adopt rules of procedure and voting.
Establish that a quorum, which is, by statute, a majority of committee members, must be present at all meetings.
- Maintain minutes and all other records of proceedings, copies of which shall be a public record and shall be filed with the Town Clerk within five (5) days of approval of the minutes.
- Report to the Board of Selectmen annually
Submit a report for inclusion in the Annual Report.
Conduct all meetings in accordance with the open meeting provision of the General Laws.
- Each appointed body shall consist of an odd number of members, who shall be appointed for three-year overlapping terms unless otherwise specified in the charge of that body.
- No member shall be appointed for more than three consecutive full terms. After reaching maximum service, an individual may be reappointed after one year elapses.
- No member may be appointed to more than three committees or multi-member bodies.
- Any person duly appointed or elected to any office or multimember body shall take up the duties of the office immediately upon the date specified by statute or as soon as such person shall have been sworn to the faithful performance of those duties by Town Clerk.
- The absence without appropriate explanation of any member of an appointed body from three consecutive meetings may serve to vacate the office. The decision to recommend that the office be vacated shall be made by majority vote of the multimember body. After such a majority vote, the Chairperson of the body shall advise the appointing authority forthwith. The appointing authority shall fill the vacancy within thirty (30) days, in accord with the General Laws and this Charter.
C6-2
A. Within thirty (30) days following the submission of the draft budget to the Board of Selectmen and the Finance Committee by the Town Administrator, the Board of Selectmen shall adopt its proposed budget, with or without amendments, and submit same with its recommendations to the Finance Committee.
B. (1) The budgets for the Eastham School Committee, Nauset Regional School Committee, and Vocational School Committee shall each be submitted simultaneously to the Board of Selectmen and the Finance Committee.
(2) The Board of Selectmen shall, within thirty (30) days of each submission, submit its recommendation of the School Committee’s budget to the Finance Committee..
C. Meeting jointly, the Board of Selectmen and the Finance Committee shall conduct at least one public hearing on the proposed Town budget and the school budgets. The Board of Selectmen and/or the Finance Committee may hold additional non-joint public hearings on the budgets, if deemed necessary. The Board of Selectmen and the Finance Committee may jointly and/or separately require the Town Administrator, any Town Department, Office, Board, Commission and/or committee to appear or furnish appropriate financial reports and budgetary information.
D. The Finance Committee shall vote and issue its printed recommendations and detailed explanations of all financial articles in an Annual Finance Committee Report, which shall be published in a local newspaper at least fourteen (14) days prior to the scheduled date of the Annual Town Meeting.
E. The Board of Selectmen shall present the proposed budget to the Annual Town Meeting.
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