Charter Commission Draft Recommendations January

7/23/2019 Charter Commission Draft Recommendations January

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Presented by: Dawn Starks, Chairman

INTRODUCTION, HISTORY AND

PROCESS

East Longmeadow

Charter CommissionDraft Charter Recommendations

January 7, 2016


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Election of Charter

Commission

At the April 14th, 2015 Town of East Longmeadow Annual

Election the voters approved the creation of a Charter

Commission and elected the required 9 members at the same

time, as required by State Law.

The vote was 462 in favor,90 opposed, and 18 blanks.

Election results were submitted and accepted by the State.

Initial Process:

A group of concerned citizens felt the time had come for a

thorough review of the Town's government through the election

of a Charter Commission at the next local election. The Charter

Commission's job is to review the current government,

recommend or not, any changes, new forms, or improved

structure of government. They followed State Law procedures ,

and collected over 1600 signatures of registered voters on

petitions provided by the State. The required signatures were

submitted, and then certified on March 3, 2015.


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Charter Commission Members

Eric Madison Current Chair and member of the

Appropriations Committee, former Chair and member of

Capital Planning

Ray Miller Member of 2004 Charter Commission,

former Chair and member of Appropriations Committee

and Capital Planning

Tom O'Connor Current Chair and member of Capital

Planning, Former Chair of the Registrar of Voters,

member of the Election Commission, Town Employee

Ralph Page Current Chair and member of the Planning

Board, current member of the Community Preservation

Committee

Charter Commission Members

The following individuals were elected to the Charter

Commission, with a brief biography of town involvement.

Chair: Dawn Starks Current member of Appropriations

Committee

Vice Chair: Larry Levine former Chair and member of the School

Committee, former Chair and member of the Board of Selectmen,

member of the 2004 Charter Commission

Secretary: Russell Denver Current member and former Chair of

Appropriations, former member of Capital Planning

Bill Fonseca Member and current Vice Chair of School

Committee

George Kings ton Current member and former Chair of thePlanning Board, former member Conservation Commission, Chair

of Com. Preservation Committee


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Research and Preparation

Internal Interviews: We conducted over 20 in town interviews.

We asked, from a structural vantage, what is working well in

town government? What is not working? What are the biggest

challenges you face, from a structural prospective? What

structural changes could alleviate these challenges?

Department Head Interviews- Police Chief,Fire Chief, DPW

Director,COA Director,IT Director,Treasurer/Clerk/Collector ,

Planning Director, Building Inspector,School Superintendent,

Town Accountant, Assessor, Library Director,and Recreation

Director.

Research

The first 3 months of our term was spent doing extensive

research in preparation for the writing of the charter.We met

for the first time on April 30th and laid out a rough plan and

timeline to follow. We agreed to interview Town Department

Heads, Elected Boards, Appointed Boards, officials in other like

communities, hire a consultant to guide the process and

physically write the Charter,and hold Public Hearings, as per

State Statute.


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Elected Board Interviews

Our key takeaways from Elected Boards were:

Lack of communication between boards

Residents sent to several or multiple different departments to get

problems resolved, resulting in resident frustration - lack of

centralization

Difficulty for residents to navigate our government structure

No formal process to resolve conflicts between boards

In some cases, Department heads/employees serve more than

one board

Dept. Head Interviews

The key points we learned from the Department Headmeetings were:

Lack of communication

Decentralized/disorganized government structure

Lack of timely decisions

Micromanagement in daily operations from elected boards

Lack of a clear chain of command

Inconsistency in pay grades between departments, revolving

liaisons from elected boards, lack of clear direction

Current government structure has significant negative impact on

employee morale

Lack of long term planning Lack of understanding by Boards of departments duties and roles


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Towns Interviewed Wilbraham: BOS, Town Administrator,Open Town Meeting

Ludlow: BOS, Town Administrator, Representative Town

Meeting

Easthampton: Mayor/ City Council

Palmer: Manager/Town Council

Longmeadow: BOS, Town Manager,Open Town Meeting

Southbridge: Manager/ Town Council

South Hadley: BOS, strong Town Administrator,Representative

Town Meeting

External Interviews

We interviewed the Chief Elected Officers and Chief Executive

Officers of the following towns based on the town's similarity

to East Longmeadow such as:

Location

Population

Land use; residential/commercial/industrial/open space

These towns have a variety of the forms of government

allowed by the State. They have either studied a change in

governance, changed their governance, or rejected their

proposed change


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Collins Center of UMASS-

Boston As per State statute, the Charter Commission was given a$5,000 base budget. In addition, the Commission sought andreceived and additional $25,000 to cover the cost of aconsultant, and other expenses such as printing the DraftCharter.

The Commission, after conducting research selected the

Edward J. Collins Jr. Center for Public Management as our

consultant for the sum of $18,000. They were hired to act as aguide through the process of writing the Charter. Theyconducted research for us, provided opinions, and did theactual physical writing of the Charter. They are a quasi

government agency set up by the state to specifically helptowns properly navigate the drafting or revision of a Charter.East Longmeadow has never had a governing Charter,so weare starting from scratch.

Key Points from External

Interviews Difficulty getting quorums for Town Meetings, even with

Representative Town meetings

BOS can work well if they are in policy making role only,and

respect one another

Mayoral form is very centralized, whatever the mayor says

happens, good ifyou have a knowledgeable Mayor with skills,

bad if Mayor has a poor agenda or no skills

Manager as Chief Executive, if hired with experience and

credentials, can navigate the increasing complexities of

Municipal government.

The centralized forms have very clearly defined roles and

separation of powers built into their Charters.


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Interesting Research Results Massachusetts has 351communities (cities and towns)

156 communities are eligible to adopt a Council Legislative

Branch (based on population, per Mass Constitution)

55 Have chosen a Council form of Legislature for their

community (about 1/3 of eligible communities).

Of those 55, 9 have chosen a Manager as their Executive

Branch. (8 have a population under 35,000)

No City or Town that has chosen a Council form has gone back

to a Town Meeting.

Towns have adopted a "city" form of government at a rate of 1

per year.

Continuation of Research

In addition to the research we conducted earlier,we studied

town and state data, including Special and Annual Town

meeting attendance records, local, state and federal election

participation, town records of the number of contested

offices, and the Town General By-Laws

We also read and reviewed over 20 Town Charters


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Presentedby: Bill Fonseca

ARTICLES 1&2

Summary & Conclusions

We concluded that the major issues that needed to beaddressed structurally in the proposed Charter are:

Decentralized government

Lack of a clear Chain of Command

Lack of communication and cooperation between

boards and departments

Lack of timely decision making

Lack of authority and accountability

Lack of consistent policies between departments


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Article 1 (continued) Section 4-Powers of the Town

A declaration that East Longmeadow's intention is to secure all

the powers allowed under the laws of the Commonwealth.

Section 5 - Construction

Simply states that powers of the Town under the Charter are to

be construed liberally in favor of the Town.

Section 6 - Intergovernmental Relations

Further declaration that the Town may exercise its powers or

perform its functions independently,or jointly with the

Commonwealth, Federal Government or another political sub-division.

Section 7,- Definitions

Definitions of terms used in the Charter

Article 1 - Incorporation; Short

Titles; Definitions Section1-Incorporation

Establishes East Longmeadow as a municipal corporation, as the

Town of East Longmeadow

Section 2-Short Title

Titles the document as the East Longmeadow Home Rule Charter.

Section 3-Division of Powers

This section establishes the Legislative powers to the Town

Council (formally Town Meeting}.

Additionally,it establishes the powers of administration,

prudential and municipal affairs of the executive branch with the

Town Manager (formerly the Selectman}


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Article 2 (continued)

Section 4-Council Procedures

Section 4outlines:

The frequency of Council Meetings (at least Monthly)

Procedures for calling a special meeting

Requires that the Public has a right to be heard at all Council Meetings,including sub-committees.

Majority of the Council constitutes a quorum

The Clerk shall maintain accurate records of proceedings and votes of theCouncil

Section 5-General Powers and Duties

The Town Council shall:

Hold all corporate, legislative and appropriation powers

Enact Bylaws, rules, regulations, and orders Appoint the Town Manager

Be the licensing Authority

Evaluate Town Manager Performance

Article 2-Town Council

Section 1- Composition and Membership

Establishes the Legislative body as a Town Council

7 members, elected at large

3 year terms, staggered

Section 2 - Eligibility

Any registered voter is eligible to be a Town Councilor.

Cannot hold two elected offices of the Town

Section 3 - President, Vice President, and Clerk

This section establishes the Officers of the Council, and theirresponsibi Iities;

President -1year term

Vice President-

1year term

Clerk-Town Clerk to serve as Council Clerk


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Article 2 (continued) Section 9-Access to Information

Section 9 authorizes the Town Council to have access to

information and make inquiries into the town affairs

Additionally, it outlines procedures for the Council when making

such inquiries

Section 10 - Prohibitions

No Town Counci l or Town Counci l member shall give orders or

directions either publically or pri vately to any employee of the

Town not appoin ted by the Council.


Section 6 -Town Bylaws

Section 6 outlines:

The form proposed Bylaws must be, and posting requirements

Must be read at 2 separate meetings (except emergencies)

Emergency Bylaw procedures

Requires a majority of the Council to pass, by roll call vote

Section 7 - Action Requiring a Bylaw

This section authorizes the Council to act on other Bylaws nototherwise referenced in the charter,such as fines, administrativeBylaws and establish fees.

Section 8-Vacancy

Section 8 outlines a procedure to be followed should a vacancyoccur on the Council

A candidate may be appointed by the Council until the nextelection


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Presented by: Larry Levine

ARTICLE 3

Articles 1&2 Summary

The Town Council provides for:

Timely decision making

Informed decisions

Avoids special interest groups from "packing" town meeting

Article 2 ensures the public has the right to be heard at all

Council meetings


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Section 2 - Powers and Duties (Continued)

Prepare and present the annual budget to the Town Council

Prepare and update a Town Master Plan every 5 years

Supervise and direct all Town departments, agencies and Offices

(except Schools)

Shall fix compensation for Town Employees

Assist the Town Council, and attend all meetings

Execute contracts

Negotiate union contracts

Develop and revise a personnel management plan

Other duties within this section

Article 3 - Town Manager

(Executive Branch)

Section 1- Appointment and Qualifications

The Town Council appoints the Town Manager. Section 1requires

the Town Manager to be "especially qualified by education and

training with prior experience as a city or Town Manager or

Assistant Town ManagerJ

Section 2-Powers and Duties

The Town Manager will be the Chief Executive Officer of the

Town, and have the following powers and duties;

Appoint, suspend or remove department heads, employees,

members of boards and commissions. Police Chief, Fire Chief and

DPW Director appointments to be confirmed by Town Council.


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Article 3 Summary Provides for a professional,experienced municipal manager,

qualified by training and education.

Clear chain of command

Timely decision making

Accountability

Consistent management throughout Town departments

Centralization of Government

Single source of administrative and management oversight

Uniformity in employee management


Section 3 - Acting Town Manager

This section outlines procedures and requirements for temporary

absences or vacancy of the Town Manager's office

Additionally,this section outlines the powers and duties of an

acting or temporary Town Manager

Section 4 - Removal,Discipline or Suspension

Requires a supermajority vote of the full Council at a Councilmeeting


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Article 4

Other Elected Offices Section 1-General Provisions

Other Offices to be filled by ballot are School Committee, and if

required, members of regional authorities or districts

Section 2 - School Committee

5 members elected at large, 3 year terms, staggered

No changes to School Committee from current practices

Section 3 - School Committee Vacancy

This section outlines a procedure to fill a vacancy,should one

occur, in the School Committee. The School Committee and the

Council shall appoint a replacement to serve until the next

regular election

Presented by: Ralph Page

ARTICLES 4 & 5


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Article 5 (continued) Section 2-Merit Principle

All appointments and promotions of Town Employees must be

based on merit and fitness demonstrated by examination, past

performance, or other evidence of competence and suitability.

Section 3 - Powers, Duties and Compensation of Boards

Functions and duties of boards and commissions shall be

performed in accordance with the Constitution, General Laws,

the Charter or Bylaws.

Compensation will be set by the Town Council

Section 4 - Appointing Authority of Boards Appointments are made by the Town Manager, and in most cases

confirmed by the Town Council.

Article 5

Administrative Organization Section 1- Organization of Town Agencies

This section authorizes the Town Manager to develop an

organization or reorganization plan for the Town departments

and agencies, to be filed with the Town Council. The plan may:

Establish, reorganize in whole or in part any agency, consolidate or

abolish any Town agency or department

Establish operating divisions for orderly, efficient town business

Include Bylaw changes needed to accomplish a desired

reorganization

The Town Council must approve or disapprove the plan, afterholding 1or more public hearings.


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Presented by: Russ Denver

ARTICLE 6

Articles 4 & 5 Summary

Provides greater flexibility for the Town Manager to arrange or

rearrange Town operations for greater efficiency and/or

improved services.

No changes to the School Committee


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Article 6 (continued) Section 2 - Expenditures in Excess of Appropriations

This section reinforces the Massachusetts General Laws that

prohibit the expenditures of funds beyond the appropriated

amounts, or to enter into contracts without appropriated funds.

Section 3 - Capital Improvement Program

Submitted concurrently with the annual budget, the Town

Manager must submit an annual capital improvement plan. The

plan must include:

Itemization and justification of all capital improvements

Cost estimates and financing recommendations An estimated annual cost of maintaining facilities included in the

program

Article 6 - Financial and Fiscal

Procedures Section 1-Annual Budget Process

The Town Manager shall set policy and procedures for

preparation of the Town budget. The Town Council shall hold at

least 1public hearing on the budget. The process shall include:

The Town Council and School Committee shall meet to review the

financial status of the town.

The Town Manager and the Town Council shall meet to discuss the

Council's priorities for the upcoming budget

The Town Manager and the Superintendent of Schools meet todiscuss the upcoming fiscal year budget

The Town Manager submits a proposed budget to the Town Council

by May1, including the School budget The Town Council may amend the budget, but must adopt a budget

by June 1


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Article 6 Summary

More detailed budget details for public review

Streamlined approach to budget development with public

participation

Avoids special interest funding at Town Meeting

Better planning for capital projects

Centralized budget development, provides a better platform

for budget prioritization and efficiency


Section 3 - Capital Improvement Program (continued) The Town Council may amend the Capital Improvement Plan, but

must pass a plan by June 1

Section 4 - Financial Management Standards

This section authorizes the Town Council to pass Bylawsestablishing reasonable standards relating to the financialsystems and practices. Standards shall conform to modern

concepts of financial management.

Section 5 - Independent Audit

Section 5 requires the Council provide for an independent auditannually by a certified public accountant or agency ofaccountants.


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Presented by: George Kingston

ARTICLES 7&8

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Article 7

Town Elections

Section 1- General;Preliminary

General Elections held in early June (moved from April)

Preliminary Elections held five weeks prior to General Elections (if

needed)

Section 2 - Partisan Elections

All elections shall be non-partisan

Sections 3 through 5

These sections outline the process for preliminary elections and

ballot positions. No changes have been recommended from our

current practices.


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Article 8 (Continued)

Section 1- General Conditions

Outlines the form and content of a petition

Section 2-Petitions to Counci l or School Committee

Requires the Town Council or School Committee to hold a public

hearing and act upon all petitions submitted in proper form

within 3 months.

Section 3 - Citizen Initiative Measure

This process allows citizens to petition the Town Council or the

School Committee on a particular initiative (much like a citizen

warrant article does now)

Article 8Citizen Relief Mechanisms

NOTE: Article 2, Section 4 ensures all meetings of the Town

Council,and all sub-committee meeting shall be open to the

public, and the public shall have an opportunity to be heard.

Article 8 was developed to preserve and enhance the rights of

the public to reverse Council and School Committee decisions,

bring initiatives forward for consideration, and recall elected

officials.


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Section 5 - Ineligible Measures

Specifies what is not eligible for Initiative or Referendum

procedures, such as emergency measures, the Town budget as a

whole, payment of debt etc.

Section 6 - Citizen Recall Procedures

This section allows a recall procedure for any elected office.

A person recalled, or who resigns during a recall proceeding, may

not be appointed to any elective office in town for Two years.

Section 7-

Measures with Conflicting Provisions

If two measures passed at the same election conflict, the

measure with the most affirmative votes shall take effect.


Section 3 - Citizen Initiative Measure (continued)

Council or School Committee must act upon the petition within30 days.

If the Council or School Committee rejects the petition,petitioners can file a "supplemental initiative petition 11 requiringthe measure to appear on the ballot of the next annual townelection.

Section 4 - Citizen Referendum Procedures

This process allows citizens to file a petition in protest of a

Council or School Committee measure, causing the Council or

School Committee to reconsider their initial measure.

If not rescinded, the question shall be submitted fordetermination by the voters at either a special or annual townelection.

While being considered, the initial measure shall be suspended.


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Presented by: Eric Madison

ARTICLES 9& 10


General Town Election moved to the first Tuesday in June,

following the first Monday of June

Elected Officials take office at the start of the new fiscal year

(Julyl)

Newly elected officials do not have to deal with the budget

process immediately upon election

Voters can petition for a measure to be acted upon

Voters can challenge a Town Council or School Committee

measure

Voters will have the ability to recall an elected official


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Section 4 - Severability

This section declares the charter as "severable", meaning: id one

section of the charter is held invalid, the remaining sections shall

not be affected.

Section 5-Specific Provision to Prevail

This section states that if a general provision in the charter

conflicts with a specific provision, the specific provision shall

prevail.

Section 6 - Rules and Regulations

Rules and Regulations adoptedby any Board or Committee shall

be public information, available for review.

Article 9 (Article 10 in printed draft)

General Provisions Section1-Charter Changes

Charter may be replaced, amended or revised by procedures allowedunder Massachusetts Laws

Section 2 - Periodic Review of Charter

The Council shall provide for a special committee to review the charter and recommend updates, every 10 years (each year ending in0).

The Council must act upon the Committee's recommendations within90 days.

Section 3-Periodic Review of Bylaws

The Council shall provide for a special committee to review theGeneral Bylaws and recommend updates, every 10 years (each year

ending in 3).

The Council must act upon the Committee's recommendations within90 days.


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Section 10-Uniform Procedures Applicable to Multiple

Member Bodies

This section explains how elected and appointed boards and

committees establish rules, meeting dates, and minutes.

All actions, votes, meetings and records of elected and appointed

boards and committees will be subject to the open meeting laws.

A member of a board or committee may request a vote on a

particular measure is to be taken by role call and the results

reflected in the minutes.


Section 7 - Computation of Time

This section explains how time will be computed when

referenced in the Charter,to account for holidays and weekends.

Section 8 - Certificate of Election or Appointment

This section requires all elected or appointed officials to take an

oath of office, and to receive a certificate of such oath from the

Town Clerk.

Section 9 - Felony Conviction

If an elected official is convicted of a felony while in office, he/she

will be deemed to have vacated the office.


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Section 1- Continuation of Existing Laws

This section basically states that all bylaws, resolutions, rules &

regulations, or votes taken by Town Meeting remain valid and in

force after the adoption of the Charter.

If any bylaw, resolution, rules & regulation, orders or special acts that

conflict with provisions of the Charter,the Charter shall prevail.

Section 2-Continuation of Government and Personnel

This section states that all office, board, committee, commissions or

agencies in place will remain in place until they are re-elected, re-

appointed or their duties are assumed by another office.

Additionally, any person holding office or employment shall retain

such employment and continue to perform their respective duties,

until other provisions required in the Charter have been made.

Article 10 (Article 11inthe printed draft)

Transition Provisions

Article 10 was developed to preserve the operations of Town

Government during and after the transition into the new

charter.

Article 10 also outlines the methodology to be used during the

transition.


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Section 6-Elections and Elected&Appointed Positions

Section 6 outlines how the town will transition upon passage of

the Charter, as follows:

Town Meeting -The last Town Meeting will be held on May 16,

2016 during which the budget for FY 2017 will be enacted. No

actions contrary to the Charter may be enacted.

Town Council elections will be held on June 7, 2016. There will be

no primary for this election. The number of votes each candidate

receives will determine his/her term of office (3-3 year terms, 2-2

year terms, 2-1 year terms)


Section 3-Transfer of Records& Property

This section transfers all records and property from one agency or

board to another,assigned to another in the Charter.

Section 4 - Effect on Obligations, Taxes, Etc.

All bonds, obligations, contracts and other instruments entered

into prior to the Charter shall be unaffected by the Charter.

Additionally, all taxes, assessments, fines, penalties, forfeitures,

due or owing to the Town shall be enforced.

Section 5 -Time of Taking Effect

The Charter shall become effective upon adoption.


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Section 6 - Elections and Elected &Appointed Positions

(Continued)

The Board of Health (Selectman) shall continue until a new

board is appointed by the Town Manger.

Members of the Board of Assessors, Public Works, Library

Trustees, Planning Board and elected members of the Housing

Authority shall continue to serve the balance of their terms.

Board of Selectman members may also serve on the Town

Council (if elected) for the transitional period


Section 6 - Elections and Elected &Appointed Positions

(Continued)

Newly elected Councilors will be sworn in to office on July 1,

2016, and immediately meet to establish officers, and

establish a committee to design the process for selection of a

Town Manager.

School Committee Elections will not change. Terms of office

will be extended until June 30th.

The Board of Selectman will continue to exercise executive

functions until a Town Manager is appointed. They will beabolished when the new Town Manger is sworn in.


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Section 7 - Departments (continued)

A department of Planning and Community Development will be

established by the Town Manager. An appointed Director of

Planning and Community Development will coordinate the

functions of Boards, Offices and departments involved in:

Land use regulation and management

Building Department

Planning Department

Zoning Board of Appeals

Conservation Commission

The Director of Planning and Community Development may also

serve as the manager of one of these departments


Section 7 - Departments

A department of municipal finance will be established by the

Town Manager. This department will be managed by a Finance

Director and will include:

Accounting

Collector/Treasurer

Assessors

The Finance Director may also hold one of these positions

The Town Manager will appoint a Town Clerk, no longer the same

position as the Collector/Treasurer.


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Section 9 - Transition Provisions

This section authorizes the Town Council to clarify,confirm, or

extend any transitional provisions to ensure the most expeditious

and least contentious transition.


Section 8 - Appointed Boards

The following Boards will be appointed by the Town Manager,and

shall perform State or Federally mandated functions of that board

(if any), and be an advisory/recommending body to the Town

Manager,but will not supervise employees:

Board of Assessors -3 members

Board of Public Works - 3 members

Library Trustees - 6 members

Planning Board - 5 members

Housing Authority -5 members (4 appointed by the T.M.)

Board of Health - 3 members


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YOUR FEEBBACI

MATIEISPlease provide us with your

comments and feedback.


Provides for periodic review of the Town's Charter and Bylaws

to keep our government operating effectively

Outlines a smooth transition from current government

structure to the new

Respects the will of the voters in previous elections

Ensures experience and continuity throughout the transition

Centralizes and streamlines financial procedures

Promotes cooperation and communication among

departments

Enhances the planning and community development process

Charter Commission Draft Recommendations January

Documents

Transcript of Charter Commission Draft Recommendations January