AGENDA
BOARD OF SELECTMEN and SCHOOL COMMITTEE
TUESDAY, JUNE 25, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
For those who have given the ultimate sacrifice in defending our freedom.
NEW BUSINESS
- Town Counsel – Tribal Matters
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
EXECUTIVE SESSION
Board of Selectmen
Minutes
June 25, 2013
Present: Selectman Cahalane, Selectman Richardson, Selectman O’Hara,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Attendees: Town Counsel Patrick Costello
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Waquoit Meeting Room
APPOINTMENTS & HEARINGS:
Tribal Matters:
The Board of Selectmen conducted a joint meeting with the Mashpee School Committee for the purpose of discussing matters associated to the Mashpee Wampanoag Indian Tribe. In attendance was Town Counsel, Patrick Costello, and School Committee members Scott McGee, David Bloomfield, Joan Oliver, Don Myers, and Phyllis Sprout. Representing the Mashpee School Committee was Attorney James Toomey, and Brian Hyde the newly appointed School Superintendent.
Town Counsel Patrick Costello led the discussion and briefly updated the School Committee on the Intergovernmental Agreement between the Town of Mashpee and Mashpee Wampanoag Tribe executed in April of 2008. It was disclosed the Tribe obtained formal recognition as a federally recognized American Indian Tribe, a sovereign governmental agency in 2007.
At the time of the Intergovernmental Agreement critical and essential points were agreed upon by the respective parties. This included land use, gaming restrictions and basic matters as to how the Town and the Tribe would move forward in a cooperative relationship to serve the best interests of the Tribe and its members and the Town and its residents.
In discussing this matter, Town Counsel indicated that it is extremely important for all Town agencies to maintain an open line of communication, especially with potential joint governmental undertakings. Since the Tribe under federal law maintains the right to provide education to its members, Town Counsel urged all parties to communicate across the board and follow protocol. The School Committee, an agency of the Town is deemed the executive body over school affairs. However, decisions relative to school properties lie under the jurisdiction of the Town Manager and Board of Selectmen.
Board of Selectmen
Minutes
June 25, 2013
James Toomey representing counsel for the School Committee indicated that under Chapter 71, the School Committee has limited opportunities of authority to make agreements. Under the mandates of Chapter 40, the Board of Selectmen has the authority to act without Town Meeting authorization. Attorney Toomey asked what are the definition of topics to be considered and are they appropriate for the schools to be discussing opposed to the Town.
It was agreed the School Committee would contact the Tribal Educational Department to begin a dialogue to identify points of discussion regarding this matter.
It was also agreed that Perkins Coie, Special Counsel regarding Tribal matters would be available for consultation if necessary.
Adjournment:
Motion made by Selectman Richardson to adjourn at 7:11 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman O’Hara, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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