Charter Committee Presents Report, 'Final' Draft Of Proposed Changes
Selectmen take no action yet on SACC request to schedule Special Town Meeting.
It's out there. Now what?
That's the question facing the Tewksbury Board of Selectmen now that the Special Act Charter Committee has submitted its final report and "final" draft of_ proposed changes to the Town Charter (see PDF attachment).
The SACC presented its findings at Tuesday night's BOS meeting, along with a request that selectmen schedule a Special Town Meeting to give Tewksbury residents the chance to vote on the proposed changes. Selectmen unanimously voted to table that decision pending further discussion.
Highlights of the SACC recommendations include:
- Replacing Open Town Meeting with a 9-member Town Council. Five of the members would be "at-large" and four would be ward representatives.
- Stipends for the councilors would be determined by the council but the SACC is recommending no increase from the present stipend.
- All boards presently elected would stay elected.
- Voters could demand that a matter be addressed or a vote reconsidered by the School Committee or Town Council by citizens petition with the signatures of 150 registered voters.
- Voters could demand an item be placed on the ballot for a binding referendum by citizens petition with the signatures of five percent of the town's registered voters.
"We really wanted to minimize the number of changes from what we have now to what we might have in the future," said Selectman Scott Wilson, who serves as chairman of the SACC.
Selectmen grilled members of the SACC on various aspects of the report and document on matters such as increased workload for councilors and the process moving forward. The SACC members were joined by Marilyn Contreras, a consultant from the Mass. Municipal Association specializing in town charters.
Selectmen David Gay and Anne Marie Stronach both indicated that they felt that the original mission statement crafted when the BOS formed the committee two years ago, called for the committee's part in the process to end with a report highlighting recommendations to selectmen.
Gay went further, stating he believed that by crafting a new charter, the committee had gone well beyond the bounds of its mission.
"I don’t see anything in the mission (statement) that asks (the SACC) to write a document or to sell people on it," said Gay. "I'm confused about how we got from there to here."
After the meeting, Wilson said he felt that crafting a document with the recommended changes fell within the mission statement for the committee.
"Absolutely, we believe it's part of the mission," said Wilson. "If (crafting a document) wasn't part of its mission, this committee could have been done a year ago."
After the meeting Gay said felt it should have been up to the selectmen to decide what to do with the committee's recommendations. He said the board could have voted to draft a modified charter itself with help from the Town Counsel, or could have voted to work with the SACC on the drafting of the document.
Gay did say he supports a proposal by Wilson and the SACC to add one step to the ratification process. Wilson said the SACC believes that if the changes are adopted at a Special Town Meeting, they should also go before voters at a ballot election. Wilson suggested the November 2012 election, if there is a room on the state ballot. As a presidential election, voter participation would be at its highest.
Gay said he supports the November 2012 ballot idea. but he reiterated his stand that a Special Town Meeting should be scheduled for the same time as the Annual Town Meeting in May.
Wilson believes a May STM vote would not give the State Legislature enough time to approve the action and get the matter placed on the November ballot.
_Board Chairman Todd Johnson_ took a strong stand in favor of letting Tewksbury voters have the final say on any proposed charter changes and said it has been far too long since the town has had a charter review.
"Shame on us for waiting 25 years," said Johnson. "In my opinion, shame on us if we decide that the rest of the community doesn’t deserve to be heard. Five people shouldn’t decide. I believe this should go forward."
Wilson said he will be in attendance at all three of _Town Manager Richard Montuori's "Neighborhood Meetings"_, starting _Wednesday, Nov. 2 at 7 p.m. at the Wynn School. _Wilson said he would be glad to answer any uqestions or concerns people might have about the SACC report, the recommendations and the process.
Dan O'Neill
4:07 pm on Wednesday, November 2, 2011
Sounds like a great state of confusion regarding the SACC's original mandate & what they eventually produced....why did this take two years & get so far off the original course??
I thought that they (SACC) were supposed to produce a document outlining the different choices available for town government & let the BOS look it over & decide (with town voter input) what would be the appropriate next step including a cost analysis of each choice....
Karyn
4:32 pm on Wednesday, November 2, 2011
Five people shouldn't decide? The SACC was a BOS appointed committee! Seems like Mr. Johnson would rather wash his hands of it as to not have the onus of a potential bad decision placed on them. The SACC clearly went beyond the scope of their mission and no one ever stepped up to put the brakes on or was squelched trying to do so.
Bill Gilman
5:03 pm on Wednesday, November 2, 2011
What I can tell you from a legal standpoint is that any change to the Tewksbury Town Charter MUST be approved by voters at a Town Meeting. The only way the BOS could squelch the proposed changes would be to refuse to schedule a Special Town Meeting. That is what Mr. Johnson meant by five people deciding. From what I hear, people on both sides of the issue agree that it should ultimately be decided by the voters and not by a committee or board. I tend to agree. With something this major, and make no mistake a change of this type is a major, major change, it should be the will of the people by a vote.
Dan O'Neill
5:07 pm on Wednesday, November 2, 2011
I just printed the "final" draft....rest assured that I will give it a good read....
Karyn
7:24 pm on Wednesday, November 2, 2011
You misunderstood what I was saying. The BOS could have and perhaps should have dissolved this committee when alleged violations to Open Town Meeting laws first surfaced...and a resident's attempt to attend an earlier one of their mtgs. was allegedly squelched....it was always within their jurisdiction to do so at that or any other time when IMO, this started snowballing away from their mission statement as far back as January when Mr. Wilson came on board and Mr. O'Neill ran with starting to draft the charter article. The town charter COULD have been updated as required without changing our form of government but that's a moot point now. If the committee believes so strongly that a Town Council is the way to go I would like to see them convince the number of registered voters they would need to get enough signatures to get a Special Town Mtg. to be called without the Selectmen's help but I doubt that will happen.
Mary
8:03 am on Thursday, November 3, 2011
When in doubt, throw it out! This whole idea was a waste of people's time and effort. Keep the Open Town Meeting!
Jon Pratt
8:36 am on Thursday, November 3, 2011
The BOS should take a stance in supporting the committees work as an alternative but instruct them to go back to the table to provide them with an alternative town meeting document. At the point of completion, revision,public input,legal counsel ya·da ya·da call a STM to vote on which direction the voters want to go. Either one, two or none of the proposed charter plans will go to the ballot based on the outcome of STM. Spliting the town over an up or down document from a commitee who has apparently gone rogue seems to have undermine BOS stated mission for this group to review and suggest recommendations to the exisiting format or change to a different one. Either way the BOS has the authority to rien in the group. If they decide go forward as a citizen group thats ok.
Bill Gilman
8:51 am on Thursday, November 3, 2011
Jon you bring up an interesting option ... a second version that merely "tweaks" certain aspects of the charter and improves the open town meeting structure. So town meeting voters would be able to decide on two separate articles at town meeting. BOS members, thoughts? I would not go so far as to say that the committee has "gone rogue." Someone had to draft a document with the proposed changes. There seems to be "good faith" disagreement on whose responsibility that was.
David Gay
9:04 am on Thursday, November 3, 2011
I would be amenable to a second version that merely "tweaks" certain aspects of the charter and improves the open town meeting structure. That was what I had originally envisioned the SACC would come back with.
Dan O'Neill
9:56 am on Thursday, November 3, 2011
I am with David Gay on this one...
Karyn
9:59 am on Thursday, November 3, 2011
Exactly, David. And Bill, if by "document" you meant draft a recommendation I would agree. Their mission was not to draft an article nor whole new charter document.
Bill Gilman
10:06 am on Thursday, November 3, 2011
Karyn, the BOS has made it clear that it was not their role to adopt or accept or reject the Committee's recommendation -- something it seems all involved agree on. So if the recommendation had to go before voters, the voters were going to demand specifics and details. The only way to provide specifics and details was to inject them into the charter itself. This is no different than a recommended zoning bylaw change. The only question is, whose responsibility should it have been to draft the proposed charter amendments. David Gay, a strong town meeting supporter, has said it could have been the committee (after being directed to by the BOS) or it could have been the BOS working with Town Counsel. Had the proposed changes been minor, no one would have had a problem with the committee drafting amendments. The issue has arisen because the changes are major. So again, I have no problem saying that there is simply a good faith difference of opinion.
Karyn
10:29 am on Thursday, November 3, 2011
It was the BOS' role to move forward or not with a recommendation at their discretion as the SACC was appointed BY them. In that scenario, if they deemed the recommendation worthy, the details would have followed as a second step by whomever the SELECTMEN chose to do it. The Committee overstepped their boundaries and took it upon themselves to essentially put the cart before the horse in this issue which as you said is a MAJOR one for the Town.
Bill Gilman
12:53 am on Friday, November 4, 2011
Karyn you bring up a separate issue that we havent really discussed. Should the selectmen, as a board, have given a thumbs up or thumbs down to the recommendation of the SACC. Interestingly, this is something Mr. Wilson has said he was hoping for, by way of guidance/direction. Mr. Johnson, on the other hand, has said the BOS should not be taking the decision out of the hands of the voters. For example, lets say 75 percent of the voters wanted to change the form of government but the Selectmen squashed the recommendation and never let it move forward. So readers, what say you? Should the Board of Selectmen give a thumbs up/thumbs down vote to the recommendation of the SACC or should they stay neutral?
Karyn
1:45 am on Friday, November 4, 2011
Just to keep in mind,,,,,,this was an APPOINTED Special Act Charter COMMITTEE as opposed to an ELECTED Special Act Charter COMMISSION....therein lies the difference and why they are subject to and report to the Board of Selectmen.
Sean Czarniecki
6:46 am on Friday, November 4, 2011
I started to write a letter to the BOS last night - not sure if it will be completed or if I'll go before them to discuss it, but, in short, I expected a summary of the pros and cons of alternatives that could be discussed...including leaving things alone, making minor changes, rep. town meeting, council, mayor....and then hearing a recommendation. I wasn't available to watch the BOS meeting (and will attempt to watch a replay) to see what exactly was presented. However, what seems to have come forward is just the recommended option. It seems that we are now at the stage of either staying with what we have or moving to the recommended option. If that gets voted down, we make no improvements. Yes, people were given the opportunity for input during the entire SACC process, but even the Selectmen were waiting for a final report. Most residents (who care) would do the same, especially because of the original direction the SACC was given (to review options).
Look, while I want to keep Open Town Meeting, if the voters want to change, fine. However, the process skipped a step or two. Most people won't know there were other options or have had proper input on the document (amendments on the floor could get very confusing)....especially if it is rushed to meet a timeline based on the state legislature. We waited this long, if we have to wait one more year to get it right, we should do that. The state legislature timeline should not be the reason to rush this. (phew!)
Bruce Panilaitis
8:49 am on Friday, November 4, 2011
It seems to me we are getting hung up on process questions instead of discussing whether one form of governance will be better for our town or not. This committee was charged with making a recommendation related to that, and they have given an answer. Whether they chose to write a new charter or not is somewhat besides the point. Let's discuss the choices between the 3 main forms and make a decision. I believe the SACC had made several presentations regarding why they proposed the council over the other two options. Unfortunately I wasn't able to attend them, as is often the case for Open Town Meetings, which is the main reason that it doesn't work for us anymore. We need to elect people to do our business and TRUST them. Do we really think Scott and the rest of the folks proposing this are doing all of this work because they want that huge stipend we pay them?
Karyn
1:21 pm on Friday, November 4, 2011
I disagree....if the "process" was tainted and bungled (which IMO it was from the get go), how can one be expected to "trust" the product/outcome. Having attended those mtgs. I can tell you, the committee has always leaned toward the council recommendation and in my mind did very little to explore the other option of RTM OR working to make our present system better via voter education in the PRESENT time, not six years ago.
Kathleen Brothers
10:02 am on Friday, November 4, 2011
In my opinion, The Board of Selectmen should stay neutral on the recommendation of the SACC. I base my opinion on the fact that THEY appointed the SACC, so they have no right to give it a thumbs up or a thumbs down. I think they should have a Town Meeting and the first thing on the agenda should be if the Citizens of the Town of Tewksbury want to accept the changes submitted by the SACC. And proceed from there. This whole process has been one confusing mess! I watched the BOH meeting last night and a report was given by the BOH Rep to the SACC meetings. He had no idea if he had a final draft or it was still an on going process. Hence, my comment confusing mess.
David Gay
2:17 pm on Friday, November 4, 2011
For the record 'Bob Barker', this is not a site to denigrate people with shaded accusations. Take it somewhere else.
Bob Barker
2:50 pm on Saturday, November 5, 2011
The CPC funds are absolutely subject to change because the new town council has to approve the CPC recommendations. Yourself and Nancy Reed do serve on the CPC and you both on the record as vehemently opposed to a town council form of government. It makes the CPC more accountable to an informed town council than people attending Town Meting that do not understand the warrant articles that approve the spending of the CPC funds. The CPC funds are absolutely in the millions and this is part of our residents taxes. You know more than anyone that the CPC is greatly affected by this new proposal and that is why the CPC is opposed to the town council.
So what exactly did I post that denigrated or was shaded? I will also point out that you and Nancy are up for re- election this year and everyone deserves to know the facts and track records of their potential candidates.
Bill Gilman
4:52 pm on Saturday, November 5, 2011
Bob, I agree that where Mr. Gay and Ms. Reed stand on this issue is fair game for discussion. both are elected officials, both have been vocal in their opinions on this topic and both are impacted either directly or indirectly with what is decided. There is a fair, open debate to be had on the merits of Town Council vs. Open Town Meeting and there is plenty of time to have it. Frankly, I think it is totally reasonable for anyone who serves on a board or committee to be concerned that a chance in government might negatively impact their ability to function and serve the town positiviely. After all, they were chosen or elected to do a certain job and they should do their due diligence in regard to anything that might interfere with that task. Now, will a council government have a negative impact on these boards? I dont know. I think its worth exploring and debating.
That said, Bob, I think that "outing" someone by identifying them with a pen-name that they may or may not use on another website is unfair. And the person in question is not an elected official. Therefore I am deleting the comment from Nov. 5, 2:48 p.m. ... please feel free to re-post without that reference.
Dan O'Neill
6:16 pm on Friday, November 4, 2011
I have no problem with everyone's opinion being shared on this website...usually the truth will bubble to the top....just casually observing the rehtoric...interesting interpersonal relationships here....I still have a lot of heavy reading to do "SACC Final Report"......been busy chain sawing trees from the storm....promise that I will eventually get to it.....
Sean Czarniecki
9:09 pm on Friday, November 4, 2011
I am now reading the report and, while the evaluation of the other options are brief, at least they are there. The SACC covered the major talking points. I wish that the first section of the report could have been presented early on, along with a recommendation for drafting the charter for the preferred option. As I noted above, it just seems like it is an all-or-nothing deal for the residents reading the report. It is what it is. I *think* I'll stop complaining about how it went down....in writing, at least... :)
Bruce Panilaitis
10:29 pm on Friday, November 4, 2011
Finally got through the whole charter, and reviewed he powerpoint presentation from last spring. Great job by the SACC! They give a clear presentation of the 3 main forms of government and a sound argument for their recommendation. I especially like the 9 versus 7 members, including the district representatives. I would be even more comfortable with 13 members, doubling the representative positions, but this is clearly a step forward for Tewksbury, and I hope we can win at Open Meeting to abolish Open Meeting.
Sean Czarniecki
8:32 am on Saturday, November 5, 2011
Yes, they did a good job - a lot of time and effort. I appreciate all the time spent on it, even if it doesn't produce the result I wanted. As for it being "clearly a step forward".....well, that is in the eye of the beholder.... :)
Jessica Sampson
11:52 am on Saturday, November 5, 2011
I agree, I like the 9 member district representation, I would prefer the 13 member but would settle for 9. It is time to move forward from OTM into a more modern form of government. OTM is no longer feasible in a town of this size.
Kathleen Brothers
7:56 pm on Saturday, November 5, 2011
After responding to Bob Barker's post, after he outed someone who writes on this site. I have thought about it and I apologize for my remarks on a previous post. I think now that it was the wrong thing for him to do.
Rich
10:58 am on Friday, November 11, 2011
I am up to Article 3; wanted to update with what I have so far. The document is well written, a lot of statistical data backing up their recommendations. I am impressed. Now, Scott Wilson's childish behavior aside, I hope he and the rest of the team address the following concerns and recommendations I will try to outlay in this forum across several submissions as I work my way through the articles.
The make up of the nine council members is a good idea, however, the split is completely wrong! As you read through the document majority vote is 2/3. Ok, their suggestion is 4 district councilors and 5 at large, total 9. So for an item to pass; the five at large members carry the most votes! Only one more from the other 4 and motion is passed (6/9 = 2/3). This is not town representative form of government.
These at large councilors are elected by the town, however, are not affiliated with any one district. I also submit that as the town grows the 4 members carry the burden of more people per district. Today as it is set in this document approximately, 1 District member will represent 7K people. And the town continues to grow. I recommend 6 district members to reduce this representative form from 7K to 5K.
This has the benefit of true representative form of town council as it also swings the majority vote back to the districts away from the at large candidates. After all isn't this the form of town government we want. "...this is an issue of representation for the residents"
Rich
11:16 am on Friday, November 11, 2011
Majority should rule the council members by district not by the at large! The split should at the very least be 6 district and 3 at large. The at large members may not represent any specific district and as such those numbers may overlap pending proximity to their residency. As such, I fail to see how the recommended ratio is truly town representative. This is wrong and should be changed to truly represent the town wide needs with respect to each proposed district.
Next: Any and all meetings should be Webcast and filed or archived as such on the town website for public access.
Article 1: Sec. 1-3.1 "The ultimate power .. resides with the voters .. ability to elect town council" Be careful -- if the current recommended ration of 5/4 stands -- then this is not TRUE!
Article 2: Legislative Branch
Sec. 2-1.3 Change the ratio 6 district 3 nominated at large members
Sec. 2-3.1 Interesting how a town employee can take a leave of absence serve and then
return to town service without waiting the 1 year stipulation? Can anyone say "Double Dip"!
Sec. 2-4.1 Expenditures should be clarified and shared as public information.
Sec. 2-6.3.1 How does a special meeting get rejected? Is it possible?
Section 2-8.4 Are all Notices accepted?
Section 2-9 Does this council also appoint the school committee? So now the people don't get to vote! doesn't seem like residents have a choice?
Sec. 2-9.1.2 The paid expenses are no longer approved by the towns people! This is Wrong!
Bill Gilman
2:06 pm on Friday, November 11, 2011
Rich, relative to the 4/5 split ... not sure why you are envisioning the ward councilors joining forces against the at-large on any issue. In point of fact, because the priorities of each war vary, it is far more like (and trust me, I've seen it happen) that the individual ward councilors would be at odds with each other. Also, the 4/5 split is not arbitrary, it is based on the fact that there are presently four wards in the town. To make it 6/3, the town Clerk would have to completely reconfigure the ward lines of Tewksbury to create 6 voting wards and as many as 12 precincts
Finally, I feel confident to address your concern about the School Committee. Believe it or not, is, in many ways, its own political entity. Whether or not this charter comes to be, the school committee and every other elected board will remain elected boards. That is fact.
Tewksbury Patch will be running a series of articles on the changes proposed in this charter document but having examined it in detail myself, I can tell you that there are no "hidden changes" that anyone is attempting to sneak through.
Rich
4:18 pm on Friday, November 11, 2011
Bill,
Section 2-9.1 clearly states "...town council shall appoint all boards, commissions and committees." No such exclusion is made for the "politically inept" School committee.
I believe this needs to be stated in this section of the charter -- feel free to leave out "politically inept"
Bruce Panilaitis
4:25 pm on Friday, November 11, 2011
Read Article 4
Rich
11:22 am on Friday, November 11, 2011
Sec. 2-9.4.1 Here they talk about the performance review of the town manager. Wouldn't it be nice if the guidelines to establish his/her goals short and long term were in the public domain. This way we could truly evaluate his/her performance and then submit to our district member our interpretation of their respective annual performance. Isn't this what this new town representative forum is supposed to seek -- true transparency!
Stay tuned for the next Article sections.
Bill Gilman
1:58 pm on Friday, November 11, 2011
Rich I would say that would be up to the council ... i dont know of any town in which that provision is writen into the charter. That said, it is a good suggestion.
Rich
4:41 pm on Friday, November 11, 2011
Done with Sections 3 and 4
Town Manager
Section 3-1.5: Might want to consider adding in the same provisions for town employment be excluded or prohibited for 1 year after leaving office? Not a big deal or sticking point.
Section 3-1.1 to 3-8.4 This describes the town manager's role quite extensively. This should be used as a metric for the annual performance review. Nicely written.
Section 4-1.2 Good News! You are correct Bill. The School Committee, Planning board, housing, library, etc.. will remain elected positions.
On to the next sections. Pretty good so far just some minor modifications/suggestions.
Rich
4:52 pm on Friday, November 11, 2011
Sections 5 through 7 seem to be ok nothing exciting or decisive.
Bill, This document is quite chalk full of town manager roles and job requirements. I wonder what our current Town Manager thinks of this article? Is it possible for you to get him to comment on this charter with respect to his current role and how it would change, if it changes at all?