MASHPEE CHARTER REVIEW COMMITTEE
PUBLIC HEARING HELD
MONDAY, JULY 1, 2013
WAQUOIT MEETING ROOM – TOWN HALL
Committee Members Present: Ed Larkin, Terrie Cook, Chuck Gasior, Richard Halpern, Scott McGee, Don Myers, Wayne Taylor, and Mary Waygan.
Also: John Cahalane – Board of Selectmen
Joyce Mason – Town Manager
Tom Mayo – Assistant Town Manager
Brian Kehrl - Mashpee Enterprise
Ed Larkin, Chairman of the Charter Review Committee, opened the Hearing at 6:30 p.m. and made a brief statement to inform the public that there is a public survey and copy of the Charter on the Town website. Also copies of the survey are at Town Hall, the Senior Center, and at the Library. He said the Charter Review Committee would be most appreciative to receive input from the citizens of Mashpee. Mr. Larkin urged everybody to attend Charter Review Committee meetings and offer comments or suggestions on the Charter for the Committee to review.
Motion: Chuck Gasior motioned to open the Public Hearing. Richard Halpern seconded the motion.
VOTE: 7-Yes. Scott McGee had not yet arrived.
Mary Waygan – yes Ed Larkin - yes
Wayne Taylor – yes Terrie Cook - yes
Richard Halpern – yes Chuck Gasior – yes
Don Meyers – yes
Terrie Cook read aloud the published Notice of this Public Hearing. A copy of the Notice is attached to the printed set of these minutes.
Public Comment
Jonathan Leavitt
Mr. Leavitt appeared and said he thought it would be worthwhile to consider representative town meeting as opposed to open town meeting for Mashpee. Right now, town meeting works in Mashpee, but as town grows representative town meeting would be more efficient; Warrant would not have to be sent to the whole town; and it is easier to fill town committees if you have representatives. Mr. Leavitt said he served in representative town meeting in Needham for about 5 years and it worked very well.
Another point Mr. Leavitt made was to consider a “hybrid” town meeting, which is detailed in his letter that appeared in the May 24, 2013 Mashpee Enterprise—copy of which is attached to the printed set of these minutes.
Response…Ed Larkin stated there is a provision in the Charter 43B State Law where any provision that changes the composition; mode of election or appointment; or the term of office of town meeting, board of selectmen or town manager rquires a full Charter revision. That means another Charter commission would have to be elected to go through the entire Charter process. Mr. Larkin said this Review Committee cannot make a decision on this matter proposed.
Ed Larkin commented that the Charter Commission looked at representative town meeting and there was very little support at that time for this. However, when Mashpee reaches around 30,000 residents, then representative town meeting would probably be a great idea.
Mark Gurnee
- Way town makes decision to hold Town Meeting in May essentially disenfranchises all temporary town residents. While voter can submit absentee ballot for elections; cannot do absentee ballot for town meeting. Ed said that is right…it is the State that restricts absentee ballot filing for town meeting.
- Why is finance committee appointed by the Moderator, rather than by the Board of Selectmen.
- Mr. Gurnee said he would surely expect the new Charter would include a provision for a Bureau of Indian Affairs.
Response
Referring to item (1), Ed Larkin advised that the Charter had nothing to do with Town meeting schedule; that is under By-Laws of the town and can be changed by By-Law process.
Mark Gurnee (response portion continued)
Chuck Gasior commented that no matter when town meeting is held anyone can go to town meeting but only registered voters can vote. Ed Larkin noted that the Charter did add that any taxpayer may speak at town meeting if not a town voter.
Item (2)…Charters attempt to establish a check and balance system between legislative branch of government (headed by the Moderator) and the executive branch of government (headed by the Board of Selectmen). Any committee or groups who deal with the legislative process are appointed by the Moderator. 90% of communities in Massachusetts have finance committee appointed by the Moderator. Ed said he is only pointing this out and discussing it is fine.
Chuck Gasior added the comment that the three branches of government are Executive Branch (Selectmen), Judicial Branch, and Legislative Branch—which is the people who come to town meeting and vote and the Moderator is in charge of that group. Finance Committee is an advisory group to the Legislative Branch and that is why the Moderator appoints the Finance Committee.
Item (3)…Ed Larkin stated it is beyond the purview of this Committee to get involved in Indian affairs. He said this is responsibility of the Town, State and Federal government.
Deb Dami – Town Clerk…suggested changes to various sections of the Charter document.
- Sec 1-7(o) – add website as part of town bulletin boards.
- Sec 2-10 – add verbiage “with prior approval of the voters allowing nonvoters to speak”.
- Response…Ed said under Charter taxpayer has the right to speak—this will be clarified.
- Sec 3-1(c) – Clarify eligibility to run for office to say that department heads cannot run but an employee/subordinate can run.
- Sec 3-1(e) – Ballot portion—more cost effective to go back to prior system and place incumbents on ballot in first position and everyone who runs against them list in alphabetical order by last name.
- Sec 3-2(d) – Consider adding appointment of Assistant Town Manager so Board of Selectmen will appoint Town Manager and Assistant Town Manager.
- Sec 3-6 – Change so that Deputy Moderator should be an elected position.
- Sec 3-7 – Change so that Associate Planning Board position should be appointed and not elected.
- Sec 4-2(b) – Appointments made by Town Manager shall be subject to confirmation by the Board of Selectmen –clarify what this means.
- Sec 5-1 – Organization of Town Agencies – Consider consolidating accounting, payroll, and H.R. as part of School and Town together.
- Sec 5-2 – Merit Principle – In addition to appointments and promotions, consider adding step increases into that chapter.
Deb Dami – Town Clerk (continued)
- Sec 5-3 – Under authority of department heads – Add Town Clerk.
- Sec 5-4 – Is there duplication with previous section?
- Sec 7-7(b) – Perhaps By-Law Review committee fulfilled its duties and is no longer needed.
- Response…Ed explained By-Law Review Committee is needed because it is to handle bringing up-to-date all the By-Laws. Perhaps committee should be restructured.
- Sec 7-7(a) – Charter Review – Clarify that candidates for re-election cannot be appointed if Charter Review Committee appointed prior to annual town election. Also add section when Charter Review coming up in 10 years to submit Article at Town Meeting that Town Manager to have money to pay for administrative support for Charter Review Committee.
William O’Brien
Mr. O’Brien said he never looked at the Town Charter. He said he is confused about Town Moderator allowing people to speak—he said he would strike out taxpayer.
Discussion.
Ed Larkin stated that at each Chapter Review Committee meeting the committee will be reviewing the Charter chapter by chapter and will be looking at all input. Ed said the agenda posted will state the chapter to be reviewed; the meetings are open; and the committee will listen to everybody. Ed said he hopes the public will attend the meetings and provide input. He said once chapters of the Charter are dealt with it doesn’t mean they can’t be revisited at subsequent meetings.
Relative to the editorial that appeared in the Mashpee Enterprise regarding the date selected for this Public Hearing, Chuck Gasior asked Chairman Larkin to comment on how the date was selected. Ed explained the Charter specifies that a Public Hearing should be within 30 days of committee being formed. The committee met with Town Clerk to find space availability at Town Hall; various committee members had obligation of other committee meetings, etc. We were extremely limited so went with this date which was the best we could do under the constraints we had to deal with. However, we are not limited to one Public Hearing.
Chuck said at the last committee meeting we discussed allocation of funds and getting outside counsel. Ed responded that nothing has happened yet; he will follow-up.
Next Committee Meeting…6:30 p.m. on Monday, July 29, 2013 in Waquoit Meeting Room at Town Hall.
Close Public Hearing
Motion: Terrie Cook motioned to close the Public Hearing. Wayne Taylor seconded the motion.
VOTE: 8-Yes.
Scott McGee – yes Ed Larkin - yes
Mary Waygan – yes Terrie Cook - yes
Wayne Taylor – yes Chuck Gasior – yes
Richard Halpern – yes Don Meyers – yes
Adjournment
Motion: Terrie Cook motioned to adjourn. Richard Halpern seconded the motion.
VOTE: 8-Yes.
Scott McGee – yes Ed Larkin - yes
Mary Waygan – yes Terrie Cook - yes
Wayne Taylor – yes Chuck Gasior – yes
Richard Halpern – yes Don Meyers – yes
The meeting adjourned at 7:25 p.m.
Respectfully submitted,
Jean Giliberti
Recording Secretary
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