MASHPEE CHARTER REVIEW COMMITTEE
MONDAY, SEPTEMBER 16, 2013
WAQUOIT MEETING ROOM – TOWN HALL
Present: Ed Larkin, Terrie Cook, Chuck Gasior, Richard Halpern, Scott McGee, Mike Richardson, Wayne Taylor, Mary Waygan, and Don Myers (arrived 6:35 p.m.).
Also: Joyce Mason – Town Manager
Tom Mayo – Assistant Town Manager
Deb Dami – Town Clerk
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 August 26, 2013.
Chuck Gasior seconded the motion.
VOTE: 8-Yes.
Roll call Vote:
Chuck Gasior, yes Richard Halpern, yes Scott McGee, yes
Terrie Cook, yes Mike Richardson, yes Mary Waygan, yes
Ed Larkin, yes Wayne Taylor, yes
Citizen Participation…none.
Old Business
Ed Larkin said 3 applicants responded to serve as the Charter attorney. All were reviewed and the Charter subcommittee did not reach a unanimous vote. The feeling is all 3 attorneys could handle the assignment. Ed therefore asked the Committee for their comments. Each Committee member said all 3 applicant attorneys qualified and voiced comments—highlights included the following:
Mike Curran
- Did a great job putting the Charter in place and the background information he could provide would be helpful.
- Mr. Curran has a lot of experience with the Charter Review process.
- Mr. Curran independent--not connected to individuals in Town.
Kopelman and Paige
- Large law firm that represented Town prior to Town hiring Louison Costello firm.
Pat Costello of Louison Costello firm
- Pat Costello has been currently working with Mashpee in defending the Charter; has been working with Mashpee to make rulings on this Charter and will continue to do so.
- Pat Costello working on Charter Review will be helpful in keeping everything fluid.
- Pat Costello has proven in the past to explain documents in laymen’s terms and that is important in bringing a document like the charter to the general public.
Old Business—Recruit Charter Attorney (continued)
Wayne Taylor motioned to appoint Pat Costello as the Charter Review attorney.
Terrie Cook 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
Original vote, Ed Larkin and Mary Waygan both voted “no”; however Ed changed his vote to “yes” in order to pass the motion unanimously; Mary Waygan voted to “abstain”.
Joyce Mason will put appointment of Pat Costello as Charter Review attorney on the Board of Selectmen agenda for September 23rd.
Also, Joyce was asked to contact Pat Costello to pose the question: If Committee proposes any amendments do we have to wait for Town Meeting to approve Article(s) before we send to Attorney General or can we send to Attorney General to approve prior to Town Meeting? Ed said this would be under Chapter 43B. Terrie said we should ask what procedure must be followed under the Charter. The answer will determine whether or not calendar schedule for Charter Review Committee has to be changed.
New Business
Section 4 Review
Sec 4-1 – Appointment; Qualification; Term. First paragraph, second sentence states: “A Town Manager need not be a resident of the town or of the commonwealth at the time of appointment but shall establish a residence within the commonwealth within one year following appointment.”
Question: Can the one year be waived? Ed said that would be a Charter amendment.
First paragraph, last sentence states: “The Town Manager shall be appointed from a list prepared by a screening committee established by by-law.”
Action: There is no By-Law; should By-Law be drafted?
Sec-4-2(b) – Appointments made by Town Manager. Ed said the intent was to have a checks and balance system where the Town Manager appoints and the Board of Selectmen vote to confirm appointments recommended by Town Manager. Example: President appoints Supreme Court justice, but Congress has to confirm.
Action: To be made more clear. Language change would be Charter amendment. Discuss with attorney.
Sec-4-2(g) – Rental and Use of Property. Scott McGee said the new Superintendent of Schools and Town Manager work well. But for future perhaps this section should be more clearly spelled out. Is there a better way to re-word? No MOU exists now but Use of Facilities is still in place.
Action: Discuss with attorney.
Sec-4-2(i) – Inventory list. Question: Why done? Joyce said that’s for the audit.
Section 4 Review (continued)
Sec 4-2(k) – Chief procurement officer. Question: Special training needed to be procurement officer? Yes, under chapter 30B.
Action: Check with Attorney what does Chapter 30B require?
Sec4-2(m) – Mary Waygan asked to clarify why Town Manager would be looking into conduct of Board. This is covered under Policy on Conduct…Joyce will provide copy of that policy to Mary.
Sec 4-4(c) - Powers and Duties of Acting Town Manager. This section designed to leave positions open until new Town Manager appointed; however this leaves a gap because not making any permanent appointments or designations.
Action: Ask attorney for language to fill the gap.
Sec 4-5(a) – Removal and Suspension. Last sentence of this section reads: “A copy of the resolution shall be delivered to the Town Manager forthwith.”
Action: Have Attorney clarify…(forthwith?).
Report…Ed Larkin suggested that perhaps this Committee could draft a report on Charter Interpretations after we get attorney input.
Next Meeting: 6:30 p.m., Monday, September 30, 2013 in Waquoit Meeting Room at Town Hall.
Chuck Gasior said since Committee will be reviewing Article 5 next, he wanted to mention there was an Administrative Code that was adopted at October 2008 Town Meeting. Chuck provided copies of the Table of Organization that existed previously, along with a copy of the Table of Organization that exists now as a result of this Administrative Code. Also, he distributed copies of the change in HR organization and the change in functional organization of DPW, which now incorporates the school functions into DPW. Chuck said he feels the documents may be useful as references for Section 5 review September 30th.
Adjournment…
Motion made by Mike Richardson to adjourn at 7:45 p.m.
Motion seconded by Wayne 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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