CHARTER REVIEW COMMITTEE
Minutes - December 9 2009
Members present: Scott Kerry, chair; Nan Balmer, Judy Cannon, John Knight, Stephen Wasby
The meeting, at Eastham Town Hall, began at 5:50PM and ended at 635PM.
The Minutes of the November 24 2009 meeting were approved as distributed, 5-0.
Extended discussion of Sections C3-8E and C38-F took place. Judy Cannon said that if it were decided to make the position appointive, there would be no need for F. Others said that if F were
tightened, it might affect the vote. Nan Balmer reported that other charters with an appointed Treasurer/Collector position have little job description. John Knight said State rules would provide constraints. In response to an inquiry from Stephen Wasby, Judy Cannon indicated some of the language in F that concerned her (about “subject to Board of Selectmen approval”). Wasby suggested solving the problem by relocating the language, but Cannon felt that did not correct the problem she had with the section. It was moved and seconded to strike C3-8E and C3-F, to renumber as required, and in C4-4, to insert Town Treasurer/Collector after “Fire Chief.”
The subsequent discussion concerned whether having Board of Selectmen approval for the position would be acceptable. Judy Cannon continued her concern about the language of C3-8F, about the Board of Selectmen powers in relation to the Treasurer/Collector. John Knight noted that he had problems as to C4-4, on power of appointment, not limited to this one position; he also said it was important to consider the matter while separating the position from the person holding the position.
After a motion to table failed to receive a second, Scott Kerry indicated some options with the motion. The motion was withdrawn. John Knight indicated a possible arrangement for imposing limits on the appointment of the Treasurer/Collector, to include the Finance Committee. He suggested language. There was discussion of whether to include the Board of Selectmen or only the Finance Committee. After members of the committee made suggestions as to specific language, it was moved and seconded to
Replace C3-8E and C3-F; re-letter the remaining subsections of C3-8; and insert a new C4-4.A, as follows, and to re-letter the subsequent subsections of C4-4:
The Town Administrator shall appoint the Town Treasurer/Collector, on the basis of merit and fitness alone, with the majority-vote approval of the Board of Selectmen and the majority-vote approval of the Finance Committee, and may remove such officer, as provided by the General Laws and this Charter.
Approved, 4-1.
The remainder of C4-4 will be discussed at the next meeting of the committee.
The next meeting will be on December 22; the meeting scheduled for December 29 is cancelled; and the committee will meet on January 5.
Charter Review Committee - Minutes - December 9 2009 - page 2
Nan Balmer reported on her discussions with the Town Clerk and Town Administrator concerning Sections C6-5 and C9-2, as to publication. Those officials were satisfied with the
language in C6-5, but the Town Clerk recommended deleting, in C9-2D, the requirement for publishing the warrant itself. Balmer proposed substituting “a notice of availability of the warrant shall be published.”
It was moved and seconded to retain C6-5 as written, 5-0.
There was further discussion of the provisions of C9-2. The committee had no problems with C9-2B, C9-2C, and C92-F. The following changes in C9-2 were proposed:
C9-2A: Add “The warrant shall include rules and procedures as provided for in Section 2-8B.” (This provision had been approved ten years earlier, but not put in place.)
C9-2D: Change to read: “A notice of the availability of the warrant shall be published in a local newspaper at least 14 days prior to any such Town Meeting.”
C9-2E: Delete “on or before the day of their publication in a local newspaper” and insert instead “14 days prior to any such Town Meeting”
It was moved, seconded, and approved to accept C9-2 with these changes, 5-0.
Nan Balmer also reported that the Town Clerk had raised a question about C2-8.B, on making the rules of parliamentary procedure available. The Town Clerk suggested that we strike the requirement of giving such rules to new voters and to those at Town Meeting. It was moved and seconded to delete “to new voters at time of registration.” Approved, 5-0.
Judy Cannon pointed out, as to C9-5, that not all Town committees are listed; indeed, many are not. The committee members will consider this matter in advance of the next meeting, and Judy Cannon may provide corrective language for some of the subsections of C9-5.
Respectfully submitted,
Stephen L. Wasby, Clerk
| 
