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HomeMy WebLinkAbout2005-08-16 Board of Selectmen PacketDRAFT A GENDA FOR RETREA T Items for Discussion: LIAISON ASSIGNMENTS - How shall we maintain communication with the committee/commission and the other BOS members? Tracking projects and Situations - How shall we track projects and issues that have been brought to our attention through a meeting agenda or directly communicated by phone or written message? Communication with Citizens - How do we handle direct communication from citizens regarding issues? Shall we consider monthly office hours YCC update memo Walking visits around town Communication with Employees- Should all questions and comments be routed through the Town Manager? Meeting Agenda and Protocol - Do Changes need to be made? Public Input items by 9 p.m., Change Selectmen's comments and Town Manager's report to a later time? Other suggestions? What tools do we need in order to effectively make educated decisions? Are the written resources we currently possess sufficient? Town of Reading 16 Lowell Street Reading, NIA 01867-2685 FAX: (781) 942-9071 Email: townmanager&l.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: August 12, 2005 RE: Retreat ~k,,Vp TOWN MANAGER (781) 942-6643 The Board is scheduled to meet on Tuesday, August 16 at 7:30 p.m. in the Berger Room at Town Hall. There are no action items on the agenda. This is a public meeting. At the Chairman's request, I am attaching the following information that may help guide you in your discussion: 1. Copies of the section of the Reading Home Rule Charter that address the Board of Selectmen and the roles and responsibilities of the Town Manager. 2. A copy of the Selectmen's Policies dealing with operating procedures. 3. An article by Carl Neu that I thought the Board might find interesting. I got this from an ICMA meeting. 4. Some material from the same ICMA meeting that talks a little bit about defining council (Board of Selectmen) and staff roles, team building, key attributes to successful board's success and "Habits of Highly Effective Governing Bodies." Unfortunately I'm not going to be able to be at this meeting - I had made previous personal commitments. I hope this meeting is successful, and would hope that we could have another meeting in the not too distant future with the Town Manager and senior staff. PIH/ps p Any question so submitted shall be determined by a majority vote of the voters voting in said election, but no action of the Town Meeting shall be reversed unless at least twenty percent (20%) of the eligible voters vote in such election. Each question so submitted shall be in the form of the following question which shall be placed on the official ballot: - "shall the Town vote to approve the action of the representative Town Meeting whereby it was voted (brief description of the substance of the vote in substantially the same language and form in which it was stated when presented by the Moderator to the Town Meeting, as appears in the records of the Cleric of the meeting)"? Article 3 ELECTED OFFICERS AND BOARDS Section 3-1: General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Moderator, Vocational School Representative and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office, but no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 15, 2004 (Article 16) arid approved by vote of the Town on April 5, 20051 Elected Town Officers shall receive no compensation unless specifically voted by Town Meeting. Notwithstanding their election by the voters, the Town Officers named in this Article shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. Section 3-2: Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. To administer its policies and aid the Board in its official duties, the Board of Selectmen Reading Home Rule Charter 8 With all revisions through April, 2005 If 07 shall appoint a Town Manager, as provided in Article 5. Without limiting the foregoing, the Selectmen shall have all of the powers and duties of the present Personnel Board and such Board is hereby abolished. The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town Accountant, not more than five (5) Constables, members of the Recreation Committee, Council on Aging, Cemetery Trustees, Housing Authority, Community Planning and Development Commission, Board of Health, Conservation Commission and Board of Appeals, and any other appointed multiple-member bodies for whom no other method of selection is provided by the Charter or by bylaw. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051 The Board of Selectmen shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. Section 3-3: School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The School Committee shall have all of the powers and duties School Committees are given under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. The powers of the School Committee shall include, but need not be limited to, the following: (a) The School Committee shall appoint a Superintendent of Schools and fix his compensation, define his duties, make rules concerning his tenure of office and may and may discharge him. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051 (b) The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. Section 3-4: Board of Librarv Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto, except that the Town Manager shall have responsibility for the maintenance of the Library building and grounds. All money or property that the Town may receive on behalf of the Library by gift or bequest shall be administered by the Board in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005] Reading Home Rule Charter 9 With all revisions through April, 2005 CY) defined in the Charter, and shall be bound by all laws of the Commonwealth of Massachusetts but shall not be required to meet the requirements of Section 8-12 of the Reading Home Rule Charter as to the appointment process. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051 Article 5 TOWN MANAGER Section 5-1: Appointment. Oualifications, Term The Board of Selectmen shall appoint a Town Manager without term and fix his compensation within the amount annually appropriated for that purpose. The Town Manager shall not be subject to a personnel bylaw, if any. The Town Manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full-time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written agreement setting forth his compensation, vacation, sick leave, benefits, and such other matters (excluding tenure) as are customarily included in an employment agreement. While serving as Town Manager he shall devote full time to the office (and except as expressly authorized by the Board of Selectmen) shall not engage in any other business or occupation and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town. With the approval of the Selectmen, he may serve as the Town's representative to regional boards, commissions and the like but shall not receive additional salary from the Town for such services. [Amended November 10, (Article 7) and approved by vote of the Town on March 24, 19981 [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051 Section 5-2: Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager shall have the following powers and duties: (a) Supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by bylaw, by other Town Meeting vote, or by the Board of Selectmen, including all officers appointed by him and their respective departments. (b) Appoint, and may remove, subject to the civil service laws where applicable, Treasurer-Collector, Town Clerk, Police Chief, Fire Chief, and all other department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in the Charter, Reading Home Rule Charter 14 With all revisions through April, 2005 except persons serving under the School Committee, Municipal .Light Board and Board of Library Trustees, and appointments made by the representatives of the Commonwealth. The Town Manager's appointment of the Police Chief, Fire Chief and shall be subject to confirmation by the Board of Selectmen. Any full- or part-time Department Head, under the direct supervision of an appointed board, shall be appointed by the Town Manager subject to approval of such appointed board. In the event that the Board fails to take action within fourteen (14) days after notice to the Board of the Town Manager's appointment, the Board shall be deemed to have approved the appointment. (c) Administer all. personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or bylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. (d) Fix the compensation of all Town officers and employees appointed by him within the limits established by the appropriations, and any compensation plan adopted by the Town Meeting. (e) Attend all regular and special meetings of the Board of Selectmen, except meetings at which his own removal is to be discussed, unless excused at his own request, and shall have a voice, but no vote, in all discussions. (f) Attend all sessions of the Town Meetings and shall answer all questions directed to him that are related to his office. (g) See that all of the provisions of the General Laws, of the Charter, of the bylaws and other Town Meeting votes, and votes of the Board of Selectmen that require enforcement by him, or officers and employees subject to his direction and supervision, are faithfully carried out. (h) Prepare and submit a proposed Annual Operating Budget and a proposed Capital Improvements Program as provided in Article 7. (i) Assure that a full and complete record of the financial and administrative activities of the Town is kept and shall render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Selectmen. 0) Keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and shall make such recommendations to the Board of Selectmen as he deems necessary or expedient. (k) Have full jurisdiction over the rental and use of all Town facilities, except those under the jurisdiction of the School Committee, Library Trustees, and Municipal Light Board, and properties designated by bylaw or other Town Meeting vote. He shall be responsible for the maintenance and repair of all Town property which is designated to be under his control. Reading Home Rule Charter 15 With all revisions through April, 2005 6 (1) May at any time inquire into the conduct of any officer, employee or department under his control. (m)Keep a full and complete inventory of all property of substantial value belonging to the Town, both real and personal. (n) Be responsible for the negotiation of all contracts involving any subject within his jurisdiction and approve the awarding thereof. (o) Be responsible for purchasing all supplies, materials and equipment, except those of the School Committee and the Light Board; approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Light Board; examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies or equipment delivered to or received by any Town agency; and examine services performed for any Town agency secured through the purchasing procedure. (p) Be deemed to be the Executive Officer of the Town under General Laws, C. 258. (q) Perform any other duties required of him by the Charter, by bylaw, by other Town Meeting vote, or by the Board of Selectmen. [Amended November 15, 2004 (Article 16) and approved by vote of the Town oil April 5, 20051 Section 5-3: Ombudsman The Town Manager shall appoint himself or some other full-time employee in his office to act as an Ombudsman to all citizens in their day-to-day contacts and dealings with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to direct the citizens to the proper officer, board or committee to deal with the citizen's problem; (b) to set up appointments for citizens to meet with directors, department heads and boards; (c) to provide citizens with access to public information within the Town and; (d) to otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 15, 2004 (Article 16) and approved by vote of the Town oil April 5, 20051 Section 5-4: Actine Town Manager (a) Temnorarv Absence - By letter filed with the Town Cleric and the Board of Selectmen, the Town Manager shall designate a qualified Town officer or employee to serve as acting Town Manager during any temporary absence anticipated not to exceed ten (10) working days. (b) Lons-Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of ten (10) working days, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the Town Manager returns. [Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005] Reading Home Rule Charter 16 With all revisions through April, 2005 PREFACE The policies included in this manual constitute the policies, rules and regulations duly adopted by the Board of Selectmen in accordance with Section 4.11 of the Bylaws of the Town of Reading. The forms, procedures, guidelines, rules and regulations included in the Appendix of this document are not adopted by the Board of Selectmen but are adopted by the Town Manager in order to implement these policies. The dates of adoption and revision of each of the policies contained in this document are for historical purposes and are not adopted as part of these policies. ARTICLE 1- GENERAL OPERATING PROCEDURES Adopted/re-adopteed 3-9-04 Section 1.1- Board of Selectmen Operating Procedures 1.1.1- Oreanization The Board of Selectmen will reorganize (elect officers) in the month of June for the following fiscal year. The purpose of this policy is to have continuity of Board leadership through Annual Town Meeting. 1.1.2 - Chairmanship Although the Board of Selectmen retains the right to reorganize at their discretion, this policy establishes the guidelines of: 1. Annual rotation of the chairmanship. 2. Not having a Selectman serve as chair in the final year of a term. 1.1.3 - Responsibilities A. Board of Selectmen Chairman: 1. Responsible for calling regular, emergency and Executive Session meetings of the Board of Selectmen, as needed. 2. Presides over Board of Selectmen meetings, approves the Agenda and recognizes all speakers including other Board members. 3. Nominates Board members to represent the Board of Selectmen at appropriate functions, events and meetings, and for annual liaison assignments. The final decision on liaison assignments is by a majority of the Board members. 4. Nominates Board members to Board Subcommittees. Final appointment is by a majority of the Board members. B. Board of Selectmen Secretarv: 1. Final review and signature of Board Minutes. 2. Certifies, as required by law, votes of the Board of Selectmen. 3. Signs documents upon direction of a majority of the Board members, including legal settlements on behalf of the Board of Selectmen. Alternatively, any other Board member or the Town Manager may be authorized to perform this function. C. Board of Selectmen Liaisons: 1. The purpose of establishing Board of Selectmen liaisons to the various Departments is to maintain good communication and effective working relationships between other Boards, Committees and Commissions and the Board of Selectmen. 2. Liaison assignments shall be established by the Board of Selectmen on a yearly basis. 3. It is the Board of Selectmen's intention that every Board, Committee or Commission will have an assigned Board of Selectmen liaison each year. 4. Board of Selectmen roles as liaisons (a) To attend as many meetings of the Board, Committee and Commission as possible; (b) To assist the Board, Committee or Commission where there is a problem with attendance of any member; (c) To act as a resource person for the liaison Board, Committee or Commission regarding Selectmen's issues; (d) To particularly understand and communicate to the fall Board of Selectmen issues which affect budgets and other areas of concern of the Board, Committee or Commission; (e) To adhere to Policy 1.1.4 - 4 when dealing with staff support for the liaison Board, Committee or Commission. D. Board of Selectmen as a whole. by maiority vote: 1. Responsible for approving overall goals, objectives and policy setting for the Town to be discharged by the Town Manager within the constraints of the Reading Home Rule Charter, and other applicable local Bylaws and Federal and State statutes and regulations. 2. Selects the Town Manager and establishes the rate and manner of compensation. The Town Manager serves as the equivalent of the Chief Operating Officer for the Board of Selectmen with the ultimate authority and responsibility for the operation and the management of the Town, under the direction and control of the Board of Selectmen. Except for actions contrary to decisions or written policies made by the Board of Selectmen as a whole, the Town Manager is authorized to take whatever actions are required to operate and manage the Town. The Town Manager is the designated representative for the Board of Selectmen regarding collective bargaining negotiations. The Town Manager may utilize other Town personnel as needed to carry out these responsibilities. 3. Serves as an appeal body for residents on matters arising from the Board of Selectmen's operations. 4. Annually chooses Selectmen to serve as Board Chairman, Vice Chairman and Secretary. 5. Approves: a. The Annual Report of the Board of Selectmen. b b. All correspondence on Board of Selectmen letterhead that is written by the Board to other elected or appointed Boards or Committees c. All collective bargaining agreements. Also establishes the goals and objectives for the Town Manager to meet in bargaining new or amended collective bargaining agreements. d. All presentations made by the Board of Selectmen to other elected Boards or Committees. e. Initiation of litigation or its settlement. f. The appointment of members to Boards, Committees or Commissions and to Board subcommittees. E. Board of Selectmen Subcommittees: Subcommittees serve as a mechanism for the Board to review and consider specific issues. Subcommittees may recommend, but not approve, a course of action to the Board. Adopted March 9, 2004 1.1.4 - General Oneratine Policies It is the policy of the Board of Selectmen: 1. To operate in accordance with the spirit, as well as the letter of all laws affecting its business and its employees. 2. All Board members and Town staff and employees are required to act with the highest level of integrity, business ethics and objectivity in any Board of Selectmen transaction or where a Selectman or employee represents the Board of Selectmen. No Selectman or employee is allowed to misuse the authority or influence of their position. 3. To operate in a businesslike and efficient manner in all aspects of operating and managing the Board of Selectmen. 4. To be supportive of a good working relationship between management and employee. 5. To hold regular open and public meetings to allow residents to provide direct input on any open session matter before the Board and to offer the opportunity at all regular sessions of the Board of Selectmen for residents to comment upon any issue that is on the Agenda for that meeting. 6. To affirmatively and courteously respond to all requests for public information. All requests will be arranged through the Town Manager. 7. To advocate for the use of technology, training, personnel and flexible work and administrative processes to maintain an efficient municipal government serving the best interests of residents; 8. To operate in the best interests of the Town in all matters. Adopted March 9, 2004 1. 1. 5 Limit ofHours for Ree-ular 1Mleetin2s The regularly scheduled meetings of the Board of Selectmen shall be limited by having discussion limited to agenda items taken up or tabled prior to 11:00 p.m. All remaining items will be deferred to a subsequent meeting. In order to facilitate the above policy efficiently, the Chairman will: 1. Limit the time of speakers from the floor especially during public hearings. 2. Call for votes on major issues or policy changes prior to 11:00 p.m., or defer final votes to subsequent meetings. 3. Request staff to prepare motions for Board action in advance. 1.1. 6 - Declassifving Confidential Executive Session Minutes In accordance with the provisions of the Open Meeting Law, Chapter 39, Section 23, the Town Manager, acting as clerk to the Board of Selectmen, will review approved confidential minutes of the Board of Selectmen's Executive Sessions on a regular basis. It is the intent of the Board of Selectmen to withhold minutes only for as long as the publication of the record would defeat the original purpose of a lawfully convened Executive Session. At least once a month, the Town Manager will review all approved minutes still in confidential status, and will release for publication those segments that need not be confidential any longer. This action will be part of a report on the "Routine Matters" of the Board of Selectmen's meeting agenda. Adopted 9-24-91, Revised 12-13-94 1.1. 7 - Identification of a Person Addressin- the Board ofSelectmen Each person appearing before the Board of Selectmen who wishes to speak will, upon recognition by the Chairman of the Board, identify him/herself by name and address of residence. Failure to identify him/herself will result in the Chair withdrawing permission for that individual to speak to the Board of Selectmen. Adopted 1-16-96 1.1. 8 - Continuitv of Business It shall be the policy of the Board of Selectmen (subject to the provisions of Section 1.1.3 of these policies) to conduct the business on its agenda at the meeting for which it is listed, unless a particular member of the Board is essential to the topic of discussion by virtue of special background or expertise, and is not able to be present at the meeting for which that item is listed. Adopted 9-24-91, Revised 12-13-94, Revised 1-16-96, Revised 1-7-97 1.1. 9 -Board ofSelectmen Communication It is important to the public and to the Board of Selectmen itself to make it clear when an individual member is speaking for the Board as a whole, or when he/she is speaking for him/herself as an individual. In order to ensure this clarity of communication, the following shall be the policy of the Board of Selectmen: 1. Members of the Board of Selectmen shall be given stationery in printed or electronic format for their use. This stationery shall name only that member of the Board on the masthead. Board members may use this stationery for correspondence relative to Town business or matters. Correspondence of this type shall be copied to all of the other members of the Board of Selectmen and to the Town Manager. Any such correspondence shall state that the views expressed are those of that member of the Board of Selectmen only.. 2. The Board of Selectmen stationery, naming all 5 members of the Board on the masthead, will be used only for correspondence from the full Board of Selectmen. This will be used to communicate positions of the full Board of Selectmen based on consensus of the full Board or based upon actually voted positions of the Board. 3. The Board of Selectmen may take votes on recommendations on Warrant Articles appearing before Town Meeting, and the Chairman of the Board of Selectmen or his/her designee will be responsible for communicating those recommendations to Town Meeting based on votes of the Board. 4. If a Board member rises to speak at Town Meeting, he/she shall identify whether he/she is speaking for the full Board or as an individual. Revised March 9, 2004 Section 1.2 -Acceptance of Gifts to Departments . In numerous instances, the various departments or agencies of the Town receive offers of gifts or donations for various purposes. It is the policy of the Board of Selectmen to encourage such donations and gifts, with the clear understanding that there is no offer on the part of the Town or its Departments or Agencies to reciprocate in any manner with regard to provisions of services, enforcement of laws or regulations, or any other consideration by the Town. The Town Manager is hereby authorized to accept any such gifts or donations on the part of the Town, to see to their disposition in accordance with donors wishes and applicable law, and to notify the Board of Selectmen at their next meeting of any such gifts or donations. Adopted 11-4-86, Revised 12-13-94 Section 1.3 - Solicitation/Acceptance ofDonations In order to achieve department missions and provide essential services, the Board of Selectmen recognizes the need for staff to develop fiscal and other resources to supplement municipal funding. The policy of the Board of Selectmen regarding fundraising activities by staff is the following: 1. Such activities will not decrease staff effectiveness nor will they constitute an inordinate amount of work time. 2. In accordance with the Conflict of Interest Law (Massachusetts General Laws. Chanter 268A1, Town employees will not realize personal financial benefit from fundraising activities. 3. Persons involved in fundraising are expected to use good judgment at all times, and to be sensitive to issues such as the business climate and the ability to give. 4. In accordance with the Town's established policy on Acceptance of Gifts, it is understood that there is no offer on the part of the Town or its Departments or Agencies to reciprocate in any manner with regard to provision of services, enforcement of laws or regulations or any other considerations by the Town. 5. To ensure consistency in communication about fundraising efforts, Boards, Committees, Commissions and Department Heads shall inform the Town Manager of new fundraising efforts or campaigns prior to such activities. 6. Notice of regular or ongoing fundraising activities should be given to the Town Manager through the regular channels of communication. 7. The Town Manager will establish guidelines which specifically describe different types of fundraising and appropriate actions. Adopted 3-8-94, Revised 12-13-94 Section 1.4 -A uthorization for the Town Manazer to Sian Grant Applications and Acceptances The Town of Reading from time to time makes application for grants from various State, Federal and private sources. Since the Town Manager is authorized to execute contracts for the Town, the Board of Selectmen authorizes the Town Manager to sign grant applications and acceptances for such grants. It shall be the responsibility of every Department to report to the Town Manager that all operating requirements and resources are in place to properly implement the grant, including personnel policies, labor contract provisions, availability of resources, equipment, and all other things that will be needed. This review shall include an analysis of the impact on the Town of all expenses related to receipt of the grant, including the impact on employee benefits both during employment and upon retirement (health insurance, pension, unemployment, etc.) This action should take place prior to application for the grant if possible, but in all cases shall take place prior to the acceptance of any grant, unless the Board of Selectmen waives this requirement, Adopted 11-3-86, Revised 12-13-94 Revised 1-11-05 Section 1.5 - Use of Public Funds for Gifts 1.5.1-RetirementlResienations Public funds shall not be expended by any employee, official, Board, Committee or Commission of the Town, except the Board of Selectmen, for the purchase of food, gifts, flowers or other gifts for personnel of any Town Department who are retiring or resigning from employment. Use of public areas for the purpose of Department testimonials may be approved by the Town Manager. The Selectmen representing the Town may, as they deem fit, expend public funds for the purpose of presenting personnel or members of Boards, Committees or Commissions, testimony of service in the form of printed, framed documentaries or other forms of appreciation, as the Selectmen shall decide from time to time. 1.5.2 - SicknessBereavement The Selectmen representing the Town may, as they deem fit, use public funds for the purpose of expressing sympathy for injury or death with appropriate acknowledgment. Adopted 12-22-86, Revised 12-13-94 Section 1.6 - Convention/Seminar Expenses -Spouses and Families The Board of Selectmen recognizes that in many instances it is desirable for staff and/or elected officials to have spouses and/or families attend conventions or seminars with them. The intent of this policy is not to prohibit or discourage such attendance but to provide that, to the extent such attendance creates an expense over and above the expense of the employee or official attending such seminar or conference, that the employee or official will personally bear that additional expense. It is not the intent, where no additional expense is generated, to have the employee bear a pro rated share of the expense for rooms, transportation or other costs. 9 Adopted 9-28-87, Revised 12-13-94 Section 1.7 - Use of the Town Seal The Town Seal was adopted by the Town in 1890, and constitutes a symbol to the general public of the Town of Reading. In order to control and regulate the use of the Town Seal so that it is used only to represent official uses by the Town, this policy is adopted as follows: 1. The Seal of the Town shall be used on all letterhead, forms, legal notices and other official papers of the Town of Reading, in a form and format to be approved by the Town Manager. 2. The Town Seal is to be placed on municipally-owned or operated vehicles as may be determined by the Town Manager. Any other use of the Seal of the Town of Reading will require prior approval by the Board of Selectmen. Adopted 12-13-94 Section 1.8 -Access to Public Records The Board of Selectmen is committed to the philosophy that the citizens should have access to public records that are not exempt by law. To this end, the Town Clerk is hereby designated as custodian of public records for the Town of Reading (not including the School or Light Department). The custodian of public records will carry out the duties and responsibilities of a record custodian as required by Massachusetts General Laws, Chapter 4, Section 7, and may establish and charge such reasonable fees and establish other regulations in accordance with rules and regulations established by the Supervisor of Public Records, Regulation 950 CMR 32.06, or other applicable laws and regulations. Adopted 1-12-87, Revised 12-13-94 Section 1.9 - Non Discrimination - Persons with Disabilities The Town and its employees will not discriminate in any way on account of race, political activity, religion, creed, color, national origin, gender,--age, sexual orientation, disability, or life-threatening illnesses. It is the policy of the Town of Reading not to discriminate in hiring, promoting, contracting, appointing or any other means on the basis of disabilities. The Town of Reading will make its best effort to provide reasonable accommodations to employees, appointees, contractors and others who have disabilities. Adopted 10-18-88, Revised 12-13-94,Rrevised 3-9-04 Section 1.10 - Americans With Disabilities Act Reasonable Accommodations It is the policy of the Town of Reading to provide reasonable accommodations to the known physical and mental impairments of qualified job applicants, employees and members of the public in order to ensure equal opportunity for them to participate in and enjoy the benefits of the Town's many programs, activities and services including employment. Requests for accommodations can be made directly to the head of any Town department or his or her designee, to the Director of Personnel or to the ADA Coordinator. 0 Once a request for accommodation is made to any party other than the ADA Coordinator, a copy of that request must be forwarded to the ADA Coordinator who is also available to provide technical assistance regarding alternatives for accommodating an individual's disability and what accommodation(s) might be considered reasonable under particular circumstances. Once a request for accommodation has been made, strict confidentiality procedures will be observed in order to uphold the rights of the self-identified person with the disability. Every request for reasonable accommodation will be evaluated independently and implemented to the extent that it does not impose undue financial or administrative burden. Under no circumstances will the individual requesting an accommodation either incur the cost of that accommodation or be penalized in any manner for making the request. In all cases, the individual with the disability will be included in the process of identifying appropriate and reasonable accommodations. If the process of requesting reasonable accommodations results in an unsatisfactory accommodation, or if the accommodation requested is determined to impose undue financial or administrative burden and therefore to be unreasonable, a grievance procedure has been established to process, investigate and mediate complaints at the local level. Aggrieved parties also have remedies available as set forth under the Americans with Disabilities Act of 1990. The Town Manager shall appoint an ADA Coordinator, and shall periodically publish the name and phone number of the Coordinator. Adopted 12-13-94 Section 1.11- AD)A Section 504 Grievance Policv for the General Public Eaual Access to Facilities and Activities Maximum opportunity will be made available to receive citizen comments, complaints and/or resolve grievances or inquiries. Sten 1: The Town Manager will be available to meet with citizens and employees during business hours. When a complaint, grievance, request for program policy interpretation or clarification is received either in writing or through a meeting or telephone call, every effort will be made to create a record regarding the name, address and telephone number of the person making the complaint, grievance, program policy interpretation or clarification. If the person desires to remain anonymous, he or she may. A complaint, grievance, request for program policy interpretation or clarification will be responded to within ten working days (if the person making the complaint is identified) in a format that is sensitive to the needs of the recipient (i.e., verbally, enlarged type face, etc.). Copies of the complaint, grievance, request for program policy interpretation or clarification and response will be forwarded to the appropriate Town agency (i.e., Recreation Committee, Park Commission, Conservation Commission). If the grievance is not resolved at this level, it will be progressed to the next level. Sten 2: 011~O A written grievance will be submitted to the Town Manager. Assistance in writing the grievance will be available to all individuals. All written grievances will be responded to within ten working days by the Town Manager in a format that is sensitive to the needs of the recipient (i.e., verbally, enlarged type face, etc.). If the grievance is not resolved at this level, it will be progressed to the next level. Step 3: If the grievance is not satisfactorily resolved, citizens will be informed of the opportunity to meet and speak with the Board of Selectmen, with whom local authority for final grievance resolution lies. Adopted 8-7-01 Section 1.4 - Authorization for the Town Manazer to Sian Grant Applications and Acceptances The Town of Reading from time to time makes application for grants from various State, Federal and private sources. Since the Town Manager is authorized to execute contracts for the Town, the Board of Selectmen authorizes the Town Manager to sign grant applications and acceptances for such grants. It shall be the responsibility of every Department to report to the Town Manager that all operating requirements and resources are in place to properly implement the grant, including personnel policies, labor contract provisions, availability of resources, equipment, and all other things that will be needed. This review shall include an analvsis of the impact on the Town of all expenses related to receipt of the grant, includiniz the impact on emplovee benefits both during emplovment and upon retirement (health insurance, pension, unemplovment, etc.) This action should take place prior to application for the grant if possible, but in all cases shall take place prior to the acceptance of any grant, unless the Board of Selectmen waives this requirement, Adopted 11-3-86, Revised 12-13-94 Revised 1-11-05 /6 Section 1.4 - Authorization for the Town Manager to Sign Grant Applications and Acceptances The Town of Reading from time to time makes application for grants from various State, Federal and private sources. Since the Town Manager is authorized to execute contracts for the Town, the Board of Selectmen authorizes the Town Manager to sign grant applications and acceptances for such grants. It shall be the responsibility of every Department to report to the Town Manager that all operating requirements and resources are in place to properly implement the grant, including personnel policies, labor contract provisions, availability of resources, equipment, and all other things that will be needed. This review shall include an analysis of the impact on the Town of all expenses related to receipt of the grant, including the impact on employee benefits both during employment and upon retirement (health insurance, pension, unemployment, etc.) This action should take place prior to application for the grant if possible, but in all cases shall take place prior to the acceptance of any grant, unless the Board of Selectmen waives this requirement, Adopted 11-3-86, Revised 12-13-94 Revised 1-11-05 0) LOCAL GOVERNMENT: A NEW WORKING ORDER By Carl H. Neu, Jr. Management Consultant and Former City Council Member Lakewood, Colorado A subtle and pervasive revolution is taking place in this country. This revolution affects the future of government at all levels, particularly local government. From representative government to participatory democracy." John Naisbitt, in his best-selling book, Meeatrends, clearly identified this key social trend and predicted it would revolutionize local government throughout America. It has; and in the process, it has also altered the role of elected bodies such as city councils and county commissions. They are no longer primarily "representatives" and decision-makers' they have become catalysts for building consensus and coalitions for change. Representative government, in which key decisions affecting communities' futures are made by elected leaders, is becoming a myth. Representative bodies are chosen to represent electors' decide crucial issues; and set the rule, policies, and laws that guided a community. Today, people who are affected by a decision are becoming progressively more intolerant of not being a direct part of the decision-making process. Electors have come to realize that the 4R's of politics - responsiveness, responsibility, reality, and reelection - weren't always balanced in the best long-term interest of the taxpayer. In theory, elected officials are supposed to articulate and respond to voter viewpoints. However, issues have become more complex and risky from voter's point of view. Major capital and infrastructure projects, as well as new government policies and regulations, can inflate taxpayers' living costs and "mortgage" their incomes through higher taxes. This is more true now that there is little "easy money" from Washington to underwrite local ambitions. The elector is coming to realize that he or she is not best served by elected officials whose priority is reelection rather than the responsible advancement of constituents' long-term interests. The new working order represents a partnership between elected and elector that emphasizes education and communication as a forerunner to action. The recent emphasis on communication by mayors and councils in many cities is symptomatic of this phenomenon. City-wide and ward communication meetings; neighborhood referral processes; and "town meeting" discussions on critical issues such as housing density, land use, community goals, sales tax rates, etc., all reflect consciousness of this trend and its effect on vital community decision-making processes. Copyright: Carl H. Neu, Jr., 1998 0 Frequently, communities focus their energies on "false issues" that really mask the underlying problems that must be addressed. An example is growth. It is a fact that many communities caught up in the growth issues have really had little growth during the last decade. But during that time, they have experienced a process of continuous change in family structures, economic activities, demographic mix, neighborhood composition, and land use and reuse. It is this process of change that raises many of the strategic issues that face communities; land use, drainage, ales tax increases, transportation, economic vitality, and various other programs of interest to citizens. These issues, more and more, are being resolved at the grassroots level by citizen and neighborhood coalitions rather than through formal decision-making systems. The role of the elected official in the new working order is to: • Identify and focus issues that need to be addressed • Facilitate sharing of information, communication, and education of electors on relevant issues • Develop consensus on appropriate actions • Ratify the emergent consensus through legislative action • Implement programs, policies, and projects created by the legislative action • Maintain support for the action taken If the historical representative government process imposes a decision upon an elector prematurely, it can cause unnecessary confrontations and polarization. The elector-citizen resorts to initiative, referenda, judicial action, or recall in order to impose his or her will upon the elected body. If this body persists in forcing the issues, electors can, and do, force elections to modify charters or change the form of government. This revolution in public decision-making literally is turning the transitional governing process upside down. The effect: 1. It has served to make the governing process more democratic. 2. Citizens (electors) have learned to circumvent the legislative process and decide issues directly. 3. Elected officials now must focus their energies on sensing vital issues, formulating informed consensus, and enabling implementation of that consensus. 4. The power of the populace to make crucial decisions directly will continue to increase, and there will be a concurrent decrease in the power of legislative bodies. 5. The elector will display more caution and skepticism over issues. involving major capital commitments and quality of life. This caution and skepticism will be misread, by some elected officials, as resistance rather than a natural consequence of the new working order. 6. Effectiveness `as elected officials will depend on skills that advance the new working order in the true interest of the elector. 7. Elected officials will spend most of their time outside the council chambers and board rooms in forums that stimulate communication and consensus-building- forums that take the elected to the elector. The new leader is a courageous, insightful facilitator that helps his or her followers discover avenues that advance their true long-term interests. The,old elected leader frequently was an order giver, especially in those cases where the illusion of a mandate existed. That is the way it was, but it is not the way it will be. 20 ~ -Coaching CC Cfiteria fOT SjTSSF your Commitment to effective coat' ►i you Boles. - m ~C.ember {noun cal and Staff) Z define lea -guildColIlnt1ent t® : 3 ose and values . team pnrp ed co-~petencies el achieving requi' effectiv y ~ eal~g with issues defining and d for perfor~uance• • acco.antab111 Y accepting 1y {Slog' their on several planes 4. Engage People minds s ultaneluu 11 efining the Role of Council D coulicil member competencies • Council performance Traits (Core CORIictlolls) . LeadeTsl"P e The Bole of the Mayer 24 anCe COIIIIcil Pei°r~ Bodies H~~y.Effective Governing -Habits of G~,y EFFECTIVE 10 Sp'P' GOVERN'NG BODES 1. 2• 3. 4. 5. b. 7. S. 9. to `cally• t do t consti hePeopie need`? Think"' act stra j teamwork. ed tuendy19' wht o teams & Respect ` spar deoronstrate elemeu A311derstaad & u dedision mak~n• M, s. 10. xo p & retat~ans P master sm` defined rotes Ijave clearly artnershiiP• appropriately oaxd'st P time & ea e" gonor the b body for board meetings ovexning procedures l licy irimplemeutatiol Auocate 00 es gr prod eat of po gave clear rnl d yaud assessor systematic an Conduct personal learuingr r ~ 29 AGENDA FOR RETREAT Items for Discussion: LIAISON ASSIGNMENTS - How shall we maintain communication with the committee/commission and the other BOS members? Tracking projects and Situations - How shall we track projects and issues that have been brought to our attention through a meeting agenda or directly communicated by phone or written message? ♦ Identifying and resolving longstanding problems Communication with Citizens - How do we handle direct communication from citizens regarding issues? ♦ Shall we consider monthly office hours ♦ YCC update memo ♦ Walking visits around town Communication with Employees- Should all questions and comments be routed through the Town Manager? ♦ How do we work with staff to affect change in Town policies and procedures to make Town Hall more consumer friendly? Meeting Agenda and Protocol - Do Changes need to be made? ♦ Public Input items by 9 p.m., Change Selectmen's comments and Town Manager's report to a later time? Other suggestions? What tools do we need in order to effectively make educated decisions? Are the written resources we currently possess sufficient? Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&i.reading.ma.us MEMORANDUM TO: Board of Selectmen t~l FROM: Peter I. Hechenbleikner DATE: August 15, 2005 RE: Draft Agenda for Retreat TOWN MANAGER (781) 942-6643 Camille Anthony asked that I comment on the draft agenda for the Retreat. I understand that you will be refining. this agenda between now and your meeting on Tuesday night. Liaison AssiLnments Historically, different members of the Board have handled their liaisons differently. Some members try to attend every meeting of every Board, Committee or Commission within their department. At the very least, we send copies of agendas of all the Board, Committee and Commission meetings to the liaison. Trying to make all Board, Committee and Commission meetings is not really feasible given other workload that the Board has. I think each member needs to continue their own level of comfort in their liaison role. Tracking Proiects We had previously set up a tracking system. It's time consuming to keep up, but we can try to continue that. Chairman Anthony suggested that we get rid of a lot of the background and just focus on the current status of some of these issues. Communication with Citizens The items listed are good ones. One could also list the Selectmen's Forum as one way that you do outreach. Communication with Emplovees I certainly have no problem with members of the Board of Selectmen communicating directly with employees. The difficulty arises when the communications appear to be direction to the employee. That makes a very difficult situation for the Town Manager and for the employee. This is a fine line, but hasn't been a problem in the past. As a general rule, other than questions for information, I would prefer that communications go through the Town Manager's office. Meeting Agenda and Protocol The current agenda and process that we have has been in place for a number of years and has evolved. There is nothing sacred about the process that we use. I know it's difficult having public items past 9:00 p.m., but if you look at your typical agenda and the amount of work to be accomplished, this sometimes is necessary. We used to have the Selectmen's Comments and Town Manager's Report at a later time, but then they tend to get lost and both the Board and Town Manager use these reports for important information. My view is that the Board of Selectmen has been able to keep its liaison reports and comments very focused on important things. In the past some members have used the comments for giving a list of all meetings attended, etc. That gets very time consuming and isn't necessarily relevant. I think it is important to try to keep the meeting schedule to no more than three times per month as a rule. The staff work load of putting together agendas, doing minutes, etc. for each meeting is large, and meeting three times per month helps us to manage the workload. As I said in the memo attached to the materials that have submitted, I think that it is a great idea for the Board to meet in a retreat. I hope you will look at this as the first of a number of retreats - you don't need to accomplish everything in this one. With better notice, I would certainly try to make myself available for future retreats with the Board. PIH/ps