MASHPEE CHARTER REVIEW COMMITTEE
MONDAY, AUGUST 26, 2013
WAQUOIT MEETING ROOM – TOWN HALL
Present: Ed Larkin, Terrie Cook, Chuck Gasior, Richard Halpern, Scott McGee, Don Myers, Mike Richardson, Wayne Taylor, and Mary Waygan.
Also: Joyce Mason – Town Manager
Geoff Spillane – Mashpee Enterprise
Ed Larkin, Chairman, called the meeting to order at 6:30 p.m.
Approval of Minutes
Mike Richardson motioned to approve the regular meeting minutes of July 29, 2013.
Wayne Taylor seconded the motion.
VOTE: 8-Yes; 1-Abstain.
Roll call Vote:
Mary Waygan, Abstain Mike Richardson, yes Terrie Cook, yes
Scott McGee, yes Richard Halpern, yes Chuck Gasior, yes
Wayne Taylor, yes Ed Larkin, yes Don Myers, yes
Citizen Participation…none.
New Business
Section 3 Review
Sec 3-1(c) – Eligibility. This rule has resulted in confusion over the past few years. Mary Waygan said she found it frustrating that she couldn’t sit on other committees because she was elected to Planning Board. Don Myers commented that the Board of Selectmen make appointments to most of the committees and they could determine whether there was a conflict of interest.
Action: Perhaps Attorney could give an explanation. Also “Town Office” and “Town Officer” to be clarified. Can such clarification be done by By-Law?
Sec-3-1(d) – Town Election. This year election was held earlier, but swearing-in date stayed the same. Perhaps By-Law could state that newly elected individual(s) term starts at time they are sworn in.
Action: Review Counsel Opinion on this issue received by Town Clerk.
Sec-3-1(e) – Ballot Position. Before Charter adopted, incumbent was listed on ballot first, then other candidates listed alphabetically. Ed Larkin explained the Charter commission felt arranging names by a drawing was a more fair way of putting names on the ballot.
Consensus: for now, leave Charter as worded.
Sec-3-1(i) (1) – Recall Petitions. If recall is against Town Clerk then a Town Clerk from another town would be brought in to handle.
Action: Clarify with Attorney—Is this covered by Mass General Law?
Section 3 Review (continued)
Sec 3-1(i)(3) – Nomination of Candidates. Statement reads: “The number of signatures of voters required to place the name of a candidate on the official ballot for use at a recall election shall not be less than twenty-five”. Suggest changing the wording to be more general and include statement that under Mass General Law.
Action: Attorney to clarify: (1) Can anyone run for the “open office” (for instance, can person being recalled run); and (2) Question 25 signatures of voters.
Section 3-2 – Board of Selectman.
Sec3-2(d) – Appointments. Suggest Sewer Commission wording be “may be” appointed, rather than “shall be” appointed. Following discussion, it was suggested wording should read: Should Town have Sewer Commission in place, it shall be appointed by Town Manager.
Also under this Appointments paragraph, it was noted that a suggestion was made by Town Clerk at the Public Hearing that Board of Selectmen appoint Assistant Town Manager.
Joyce Mason, Town Manager, said as Town Manager being the appointing authority for all other Town positions, including the Police Chief and the Fire Chief, she thinks it would be very difficult having Board of Selectmen appoint the Assistant Town Manager position because not only would the loyalty of that Assistant position go directly to the Board of Selectmen but there is potential to undermine the Town Manager position.
Joyce explained that when Assistant Town Manager was hired the Board of Selectmen was involved in that process, but should not have appointing authority for that position. Board of Selectmen appointed the Town Manager, and they should trust the Town Manager to do what is right on the Assistant position.
Scott McGee stated that’s how it’s done in Schools. The Superintendent of Schools is appointed by School Committee; and the Assistant is appointed by the Superintendent. When Superintendent position opens, Assistant is Acting Superintendent until Superintendent appointed.
Likewise, if Town Manager leaves, Assistant Town Manager becomes Acting Town Manager until Board of Selectmen appoints a Town Manager.
Sec 3-4 – Town Clerk. Question was raised that this should be appointed, rather than an elected position. This varies across the State—some Town Clerks are appointed; some elected. Look at the position; it is not about the person.
Consensus: It’s working, so leave for now.
Sec 3-4(b) – Powers and Duties. Last sentence of this section reads: “The moderator, or a designee of the moderator, shall be responsible to review the minutes of all multiple-member bodies appointed by the moderator.” Consider moving this last sentence from Town Clerk section to Sec 3-6(b)-Powers and Duties of the Moderator. If moved to Moderator section, this would be a change to the Charter.
Action: Have Attorney clarify.
Sec 3-7(a) – Planning Board Composition. Suggested Associate Member should be appointed, not elected. Mary Waygan noted that as an elected position, everybody is elected. Most associates end up being appointed.
Consensus: For now, leave Associate Member as elected position since Planning Board likes it the way it is.
New Business (continued)
Recruiting Charter Attorney for Consultation
- Request made that Town Manager put out some type of Request of Interest .
- Charter Review Committee has authority to select attorney.
- Candidates could do proposal and then finalists come in.
- Scope of proposal – concentrate on Charter Law.
- Joyce to do scope for the Request; Charter Review Subcommittee to review submissions; then Charter Review Committee to evaluate and make selection.
Motion: Scott McGee motioned that Ed Larkin, Terrie Cook, Chuck Gasior, and Rich Halpern to head the subcommittee to find the attorney.
Wayne Taylor seconded the motion.
VOTE: 9-Yes.
Roll call Vote:
Mary Waygan, yes Mike Richardson, yes Terrie Cook, yes
Scott McGee, yes Richard Halpern, yes Chuck Gasior, yes
Wayne Taylor, yes Ed Larkin, yes Don Myers, yes
Consensus: Subcommittee to come back with findings and goal is to finalize selection at September 30th meeting.
Meeting Schedule
A list of meeting dates for September-2013 through January 9, 2014 was presented for consideration.
Motion: Wayne Taylor motioned to accept the dates presented for meetings.
Scott McGee seconded the motion.
VOTE: 9-Yes.
Roll call Vote:
Mary Waygan, yes Mike Richardson, yes Terrie Cook, yes
Scott McGee, yes Richard Halpern, yes Chuck Gasior, yes
Wayne Taylor, yes Ed Larkin, yes Don Myers, yes
The accepted meeting dates are: Monday, September 16; Monday, September 30; Thursday, October 3; Monday, October 28; Thursday, November 7; Monday, November 25; Thursday, December 5; Monday, December 16; and Thursday, January 9. 2014
Next Meeting: 6:30 p.m., Monday, September 16, 2013 in Waquoit Meeting Room at Town Hall.
Adjournment…
Motion made by Terrie Cook to adjourn at 8:05 p.m.
Motion seconded by Mr. Taylor.
VOTE: ~Unanimous. ~9-0.
Roll call Vote:
Mary Waygan, yes Mike Richardson, yes Terrie Cook, yes
Scott McGee, yes Richard Halpern, yes Chuck Gasior, yes
Wayne Taylor, yes Ed Larkin, yes Don Myers, yes
Respectfully submitted,
Jean Giliberti, Recording Secretary
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