HomeMy WebLinkAbout2004-05-27 ad Hoc Charter Review Committee MinutesCharter Review Committee
May 27, 2004
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The meeting convened at 7:37 p.m. in the Town Hall Conference Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Bill Brown,
Maria Silvaggi, Chuck Robinson and Bill Griset (arrived late). Also present were Phil Pacino
(filling in for George Theophanis who was injured and not able to attend), Town Counsel Gary
Brackett and Town Manager Peter Hechenbleikner.
Gary Brackett reviewed the e-mail of May 27, 2004 that was sent to the Town Manager
regarding proposed changes to Sections 2-3 and 2-5 permitting only registered voters to run for
and serve as Town Meeting Members. His opinion is that the inclusion of this in the proposed
Charter amendments would be the purview of a Charter Commission, not an Advisory
Committee. He did indicate that if the Town had accepted Chapter 43A, Section 4, then that
would require people who run for Town Meeting to be registered voters. If that was the case,
then those provisions would still be in effect because they would have not been rescinded by the
Charter. The Town went to a representative Town Meeting in 1942. There is also a question as
to whether the Town Clerk checks to see if nominees are registered voters.
Town Counsel advised and the Committee agreed that the proposed language in Sections 2-3 and
2-5 addressed current Town Meeting Members to be registered voters should not be included in
the proposed Charter amendments. Maria Silvaggi asked if this would also affect the proposed
lottery system as a mode of election. Gary Brackett did not feel that it would. He did feel that it
could be a concern in the requirement that write-in votes for Town Meeting receive at least 10
votes, and write-in votes for other Boards, Committees and Commissions that are elected receive
at least 50 votes. He will check that with the Attorney General's Office.
The Committee moved on to discuss Section 2-12 on the establishment of standing committees.
The Committee agreed on common language for the Finance Committee and Bylaw Committee
on the appointment process. George Hines noted that he felt the Land Advisory Committee
duplicates what others do, and the process currently "isn't broken." There ensued a great deal of
discussion as to whether or not this should be retained.
On motion by Brown seconded b Silvaggi, a motion was offered to include the language on
the Land Advisory Committee in the proposed Charter amendments. The vote was 0-5-0
and the language will be removed.
George Hines indicated that he felt the Board of Selectmen would be willing to develop a policy
on the Land Bank Committee that would give that Committee some of the responsibilities that
were proposed in the Land Advisory Committee.
The discussion then went to Section 7-10 on the proposed language on building maintenance.
Gary Brackett had been asked to give an opinion as to whether or not this was contrary to the
Education Reform Act. He feels that it is not contrary, and referred to Chapter 71, Section 68,
Charter Review Committee - May 27, 2004 - Page 2
and Chapter 71, Section 37M. He did advise that the first phrase which reads "notwithstanding
any other provisions of general or special law to the contrary" be removed because it is not
needed.
Bill Griset asked that if the provisions of Section 7-10 are approved in the Charter, and if the
School Committee decides to "opt out of any agreement to jointly provide building maintenance
services, then what happens. Brackett indicated that the budget would still be separately voted
and the provisions of 7-10 would apply. However, the School Department would spend the
monies budgeted for building maintenance, and the Town, would spend monies budgeted for
Town building maintenance.
On motion by Brown seconded by Robinson a motion was offered to accept the language
as proposed in Section 7-10, as amended. George Hines asked why Gary Brackett
suggested taking out the "notwithstanding" language. Gary Brackett feels that this
language does not conflict with any law and would therefore not be needed. The vote on
the motion was 4-1-0, with Griset opposed.
The Committee went on to review Section 8-12 that deals with vacancies on Boards, Committees
and Commissions. George Hines read the fairly complex additions and removals.
On motion by Brown seconded by Silvaggi, the Charter Review Committee voted to
recommend the changes to Section 8-12 by a vote of 5-0-0.
George Hines wanted to place somewhere in the Charter the prohibition of having a single
individual appoint any Board, Committee or Commission including Ad Hoc Committees. Bill
Griset noted that an Ad Hoc Committee is only advisory. Gary Brackett indicated that if any
individual asked whether they could create an Ad Hoc Committee, Brackett's opinion would be
that they could not. However, if a Board, Committee or Commission authorized to create an Ad
Hoc Committee voted to create it and delegate it to the Chairman or any other individual the
appointment of the Committee, then Gary Brackett felt that could be done. There was discussion
about whether a single individual had appointed a Board, Committee or Commission. It was
noted that Bill Griset as Chairman of the School Committee had appointed the Superintendent
Search Committee. Gary Brackett will do some research as to whether or not a prohibition could
be included in the Charter but felt that might unduly restrict the authority of Boards, Committees
and Commissions in their actions.
The Committee then went back to the beginning of the draft, and reviewed all of the changes
proposed. In Section 6-1, the last paragraph, the Committee discussed language proposed by
George Theophanis that would allow the Board of Selectmen to offer a substitute motion on the
administrative code. An example was given whereby, as part of the Town Meeting discussion,
something new was determined and the Board might want to offer a substitute motion. If the
Board did not, then Town Meeting would either have to vote for or against the administrative
code but could not amend it.
On motion by Brown seconded by Griset, the Charter Review Committee voted to accept
George Theophanis' language by a vote of 5-0-0.
Charter Review Committee - MU 27, 2004 - Page 3
The Committee discussed the next steps. They will have a hearing on June 9, 2004 in either the
Selectmen's Meeting Room or the RMLD meeting room. It will be advertised and noticed to all
parties. We will have copies of the marked up Charter for the Committee and for the public.
Each of the members of the Charter Review Committee will make a presentation on different
sections or articles.
The following are the assignments: Article 1 - George Hines; Article 2 - Bill Brown; Article 3 -
Maria Silvaggi; Article 4 - George Hines; Article 5 - Chuck Robinson; Article 6 - Bill Griset;
Article 7 - Chuck Robinson; Article 8 - Bill Brown; Article 9 - there are no changes.
Gary Brackett will be present. Depending on the length of the public hearing, the Charter
Review Committee may be able to use the remainder of the meeting on the 9th to finish up any
additional modifications and take a final vote. Gary Brackett should be ready for the meeting on
the 9th with his opinion on the suggestion of a Charter limitation on a single individual
appointing any Board, Committee or Commission.
On motion by Brown seconded by Silvaggi, the Charter Review Committee voted to
adjourn their meeting of May 27, 2004 at 9:40 p.m. by a vote of 5-0-0.
e Vpect ly submitted,
Secretary