The Wethersfield Charter Revision Commission held a meeting on October 21, 2003, in the Town Manager's Conference Room at the Town Hall. The meeting began at 7:00 p.m.
Agenda Item #1: Roll Call
The following individual(s) were present:
| Chairperson | Geraldine Munroe |
|---|---|
| Vice Chair | Christopher Healy |
| Commission Member(s) | Daniel Camilliere, Dorcas McHugh and Leigh Standish |
| Intern | Rick LeBorious |
| Recording Secretary | Chantel Teti |
The following individual(s) were absent:
| Commission Member(s) | David Herold and Gerri Roberts |
|---|
Agenda Item #2: Adoption of the October 21, 2003 Charter Revision Commission Meeting Minutes
Vice Chair Healy motioned to adopt the minutes from the October 21, 2003 Charter Revision Commission Meeting. Commission Member Camilliere seconded. Commission Member McHugh suggested minor changes to the minutes as submitted. The motion to adopt the revised minutes passed unanimously.
Agenda Item #3: General Comments from the Public
Chairperson Munroe recognized the comments Ed Kardas prepared prior to the meeting that were forwarded on the Commission Members' e-mail accounts. Ed's comments are included below.
To: the Charter Revision Commission (CRC)
The following is submitted consistent with the desire of the CRC to receive thoughtful input from the Community during the its deliberative time frame in reviewing the current Charter.
- Items (1), (2), (3) and (4), appearing immediate below, pertain to Chapters I and II and were presented at the CRC Meeting of 10-22-2003 and subsequently e-mailed (with supporting reasons, but not repeated here) to the CRC Secretary on October 25, 2003.
- While, "Observations A, B and C" address other sections of Chapter I and II as well as segments of Chapter III; the comprehensiveness of these observations were not previously submitted to the CRC and are intended to be an expansion of the earlier presentation and transmission. Some of these "observations" may not be complete, relying upon support observations that will follow re later chapters and may, also, "playback" on revisions to observations previously submitted, thereby providing continuity between the various observations submitted.
- Thank you for your consideration of submitted observations.
From: Edward Kardas, November 14, 2003.
(1) Add: "Section: 104 Goals. The elected legislative body, the Town Council, shall provide for establishment by ordinance a single commission with the duty and power to establish a Composite10-Year Plan of Goals for the Town, with two year segments consisting of Goals to be implemented upon inauguration by each legislative body -- Town Council and Board of Education -- during its term of office, and is updated by the Commission in preparation for each subsequent term of the legislative bodies."
(2) Revise:"Section: 202. Elected officers. At each town election, there shall be chosen nine (9) members of the Town Council and members of the Board of Education as well as the seven (7) members of the Composite 10-year Plan of Goals Commission, as hereinafter provided. Two (2) Registrars of Voters shall be elected as provided by the General Statutes.
(3) Revise Section 203 Terms of elective officers. The terms of all officers elected at the town election, except members of the Board of Education and Registrars of Voters, shall be two (2) years from the fourth Monday in November, in each odd-numbered year. In no case shall the term of any elective officer expire until the election and qualification of his successor.
(4) Delete: Section 204; namely,"Minority representation. At the town election, no political party shall nominate and no elector shall vote for more than six (6) members of the Council. No political party shall nominate and no elector shall vote for more members of the Board of Education than is provided for under the provisions of the General Statutes." and substituted, "204 Electoral nomination and minority representation. No segregation by political party shall identify nominates for the nine (9) members representation on legislative bodies and no elector shall vote for more than nine (9) nominates. Where the Vote Registration identifies that more than six (6) voted nominates are registered to a common political party, the remaining three (3) nominate positions shall be a minority representation, selected from nominates registered with either another political party or the unaffiliated with a political party, or both, and receive the greatest number of votes; if any of the three (3) nominates also have a Voter Registration common with the six (6) nominates receiving the greatest number of votes and there are not three (3) other nominate affiliations, the 7, 8 and 9 positions are to be filled from the remaining common political party nominates in the order of the greatest number of votes received. Correlatively, the elected bodies that have seven (7) members are to have a 5-majority to 2-minority level of minority.
Observation A is applicable to the following sections of Chapter I Incorporation and Powers.
(Note: Underlined words represent additions while strikethrough words represent deletions).
105 Here is a proposed addition to Chapter I for your consideration "Section: 105 Adjudication. The elected legislative body, the Town Council, shall provide for establishment by ordinance of a commission with the duty and power to institute an Ombudsman System for the Town, to allow for local adjudication of issues challenged by one or more members of the body politic, as related to the introduction and revision of ordinances, resolutions, enactments and motions."
Why: The shorter answer is the lack of local adjudication; and, the longer answer:
- While Electors are vested with the responsibility of "government and affairs of the town," the Town Council is the "governing body," with the duties and powers of the BOE primarily derived by a combination of the State BOE and the General Statutes of the State rather than local provision provided in the Charter.
- With the Town Council a unicameral "legislature and executive" coupled to a unicameral BOE, the Town and School Administrations are each a "quasi-board of directors."
- As such the Town Council and BOE become both "judge and jury" when challenged by individuals or groups of people of the Community.
- Challenges may vary from the personal to "not in my backyard" issues, to those impacting the entire Community, from taxation to health and safety concerns.
- When Public comments fail to reverse positions by legislative bodies, the only current alternatives open to the Citizenry is to either work a petition or hire a lawyer and file a lawsuit with the State Judiciary. Common sense suggests the costs associated with such should be avoided whenever practical.
- Proposal for Chapter V to follow.
Observation B is applicable to the following sections of Chapter II Election.
(Note: Underlined words represent additions while strikethrough words represent deletions).
205 Here is a proposed revision for your consideration: 205. Vacancies in elective offices. Vacancies in elective offices, except in the Board of Education, arising from whatever cause arising, shall be filled by the Council. elected body impacted. In filling any vacancy, the Town Council impacted elected body shall select an elector of the same political party Voter Registration as that of the former incumbent, unless the incumbent was not an enrolled member of a political party, in which case a successor shall not be an enrolled member of a political party. Vacancies in the Board of Education shall be filled by the Board of Education for any remaining unexpired portion of a term. In making appointments to fill such a vacancy, the Board of Education shall select an elector of the same political party as that of the former incumbent, unless the incumbent was not an enrolled member of a political party, in which case a successor shall not be an enrolled member of a political party.
Why: The shorter answer is to allow for expansion of the number of elected bodies; and, the longer answer:
- To correlated with the proposed revision to Section 202, Elected office.
- In recognition that the requirements applicable to the Town Council and BOE are currently not common.
- To provide a simple and common provision applicable to all elective bodies, current and proposed
206. It is proposed for your consideration that the current Section 206 be deleted in its entirity; ;206 Board of Education. There shall be a Board of Education of nine (9) members. Three (3) members shall serve for terms of two (2) years from the fourth Monday of November, in each odd-numbered year, and six (6) members shall serve for terms of four (4) years from the fourth Monday of November, in the odd-numbered year in which they are elected. Biennially, three (3) members shall be elected for terms of four (4) years, and three (3) members shall be elected for terms of two (2) years.
Why: To correlate with the proposed revision to Section 204, Minority Representation, that would make the election of the BOE the same as the Town Council
207 Here is a proposed revision for your consideration: 207 Nomination and election procedure. Except as otherwise specifically provided in this chapter, candidates nomination for elective office shall be nominated and all regular and special town elections conducted as provided by the General Statutes of the State. state for the nomination and election of town officers and Board of Education members, respectively. Whenever under the provisions of this Charter any proposition is to be submitted to the electors, such election or referendum shall be conducted as provided in the General Statutes for the conduct of such elections or referenda. The Council shall have authority to provide by ordinance such regulations concerning nominations and elections, not inconsistent with the General Statutes and the provisions of this Charter, as may be necessary to give effect to the intent of such charter provisions.
Why: To correlate with the proposed revisions to earlier sections of this Chapter.
208 Here is a proposed revision for your consideration: 208 Qualifications. All elective officers and, unless otherwise provided by Council, all appointed members of any board, commission or committee shall be electors of the town, and, if any such officer or member, where the Council has not otherwise provided, at any time shall cease to be an elector of the town, that office shall be ipso facto become vacated at such time and filled per Section 205.
Why: To apply commonly used terminology and a cross-reference.
209 Here is a proposed revision for your consideration: 209 Voting districts. There shall be such voting districts as the Town Council may establish for offices applicable to the corporate of the Town.
Why: to recognize that there are State voting districts as well as local municipal voting districts that are apply to Wethersfield, with the former established throught the Office of the Registrar of Voters.
Observation C is applicable to the following sections of Town Charter III - Council
(Note: Underlined words represent additions while strikethrough words represent deletions).
301 Here is a proposed revision for your consideration: 301 Powers. The governing body of the town shall be the Council, which shall exercise and perform all the rights, powers, duties and obligations of the town, except as the same may be assigned by this Charter or General Statutes of the State of Connecticut to some other officer, board, commission or agency, which powers shall include, in addition to all other powers, all the powers and duties now or hereafter conferred or imposed upon Town Meetings, Boards of Finance, Boards of Police Commissioners, Boards of Fire Commissioners and Boards of Selectmen, except for the making of voters and related matters, in towns by the General Statutes of the State of Connecticut and in the Town of Wethersfield, in particular, by special acts of the State of Connecticut. The Council may provide by ordinance for the exercise of any of the administrative powers of the former Board of Selectmen not otherwise assigned by this Charter, by to the Manager or some other officer, board, commission or agency. The legislative power of the town and final authority concerning the budget and tax rate are vested exclusively in the Council, except as otherwise provided in this Charter. It shall have power, subject to the provisions of this Charter, to create or abolish departments and offices by ordinance. It shall also have power to authorize employment positions, fix the compensation of officers and employees of the town, except employees of the Board of Education, and the charges, if any, to be made for services rendered by the town. It shall further have power to make, alter and repeal ordinances, resolutions, enactments, motions and proclamations and to take such other action not inconsistent with this Charter and the General laws of the state for the execution of the powers vested in the town, as provided in Chapter I of this Charter, for the government of the town and the management of its business and for the preservation of the good order, peace, health and safety of the town and its inhabitants.
Why: The shorter answer is to update, clarify and provide commonality; and, the longer answer:
- To delete those references to meetings, boards and commissions as well as Board of Selectmen replaced by the revisions of the Charter of 1954 and now defunct;
- To clarify references such as "General Statutes" and "special acts" by identification State of Connecticut; and
- To recongize that "commissions" are also a meaningful segment of the governance system, while deleting BOE as an exception to the compensation criteria to be provided by the Town (proposal to follow).
- Support proposal to follow.
302. It is proposed for your consideration that the current Section 302 be deleted in its entirity; namely 302 Composition. The Council shall consisting of nine (9) members, who shall be chosen from the town at large, at each town election, for terms of two (2) years from the fourth Monday in November, in each odd-numbered year.
Why: In recognition of the following:
- Section 202 Elected officers already identifies the number of members (9) of the Town Council.
- Section 203 Terms of elective officers already identifies the term of office (2-years) for the Town Council and the starting date of the "fourth Monday in November," in "each odd-numbered year," and that "terms of any elective officer [do not] expire until the election and qualification of his successor."
- To recognize that Section 203 "Terms of elective officers" already identifies the term of office (2-years) for the Town Council.
Adjunct observation: The duplication of material as noted above raised a question on whether a rearrangement of the provisions in the current Charter is warranted. Almost 50-years have elapsed since its format was first adopted. Surely, there are current model charters that would help provide guidance in sequencing commonly used charter provision (e.g., those of the National Civic League) as well as local town charters that have an upgraded format of simplicity and clarity as well as a "grouping" of common provisions (thereby avoiding duplication) and use of "terms" commonly found in charters (rather than those of the legal profession). 303. No observations currently. 303 Compensation. The members of the Council shall serve without compensation, but shall be entitled to be reimbursed for their just and necessary expenses incurred in the performance of their duties.
304. Here is a proposed revision for your consideration: 304 Organization. Within seven (7) days following validation of the electoral results per the General Statutes of the State of Connecticut, Each each newly elected Council nominates shall meet for organization in the town hall. at 8:00 pm. on the fourth Monday in November, in each odd-numbered year. The meeting shall be called to order by the Town Clerk, who shall administer the oath of office to all members elected nominates, provided that in the absence of the Town Clerk, the meeting shall be called to order and the oath administered by any citizen of Wethersfield authorized by the General Statutes of the State of Connecticut law to administer oaths. The After application of the oath of office, the new Council shall then proceed to the election of a Chairperson Mayor and Vice-Chairperson Deputy Mayor to serve for the ensuing two (2) years, term of the newly elected Town Council, who may also be known, respectively, as the "Mayor" and the "Deputy Mayor."
Why: In recognition of the following:
- To recognize that the critical aspect of this provision is the "organization and administration of the oath" of the Town Council and as soon as practical following validation of the electoral data.
- To identify that the applicable General Statutes of State of Connecticut that apply.
- In recognition that the identifications of Mayor and Deputy have been used since 1954.
305. Here is a proposed revision for your consideration 305 Procedure. The Council shall fix by ordinance the time and place of its regular meetings and provide by ordinance method for. (See Item a of Why, below) the calling of special meetings; but no business shall be considered at any special meeting, notice of which has not been included in the call for such meeting. An ordinance shall identify the categories of issues for which Executive sessions shall be held; issues to be addressed must receive an affirmative vote of two-thirds (2/3) of the Membership of the Council, after which notice is to be given identifying the issue and reason for such session. (See Item b of Why, below) The Council shall determine its own rules of procedure not inconsistent with the provisions of this Charter, except that all meetings and sessions, excluding executive sessions, shall be open to and provides for public comments. (See Item b of Why, below). The presence of five (5) one more vote than the number of the controlling majority political party members when less than seven (7), shall constitute a quorum; but no ordinance, resolution, motion or enactment or vote, except a vote to adjourn or to fix the time and place of its next meeting, shall be adopted by less than five (5) seven (7) affirmative votes, and the ayes and nays on each vote shall be recorded in the journal. (See Item c of Why, below) Actions not required to be taken by ordinance, either by this Charter or the General Laws Statutes of the state State of Connecticut, may be made by resolution*, proclamation*, motion* or other enactment. (* See Item d of Why, below) No action shall be taken on an ordinance, resolution*, proclamation*, motion* or other enactment or appointment or removal made except in a meeting of the Council open to and provides for the public comments. (See Item c of Why, below)
Why: In recognition of the following:
- Item a: If Chapter A180 "Town Council Rules of Procedures" of Town of Wetherfield Code is not considered an ordinance, it would be appropriated that it becomes an ordinance identifying the procedures applicable to the Town Council regardless of the name assigned to a "meeting."
- Item b: The corporate Town of Wethersfield is vested in the body politic residing within the territiorial limits of the town and as such should be privy to all issues addressed by the Town Council and Board of Education, including those addressed in Executive sessions.
- Item c:
- Readily providing communications and open participation in governance is essential to growing the quality of life in Wethersfield.
- Where breakdowns in communication and participation occur, decisions of legislative bodies may be challenged to the extent that citizens work a petition to produce a referendum question or hiring a lawyer to file a lawsuit.
- Breakdowns may occur because residents are not contacted and meaningful Public participation was not a component to resolving issues and problems.
- Here again breakdowns may be attributed to party-line votes where the controlling political party can readily produce an approval or disapproval of "any-and-all" motions put forth regardless of merit where a bare majority of five (5) or the fuller two-thirds (2/3) majority of six (6) with a minority of three (3) is the case, regardless of the identified pros-and-cons solutions put forth by the Public.
- Significant communications and Public participation in identifying the pros-and-cons, will contribute to justifying solutions that produce "win-win conditions" and avoidance of challenges from the Community.
- Item d: These terms require definition or reference to an appropriate General Statute of the State of Connecticut for such defintion.
306. Here is a proposed revision for your consideration 306 Other offices. During the term for which elected, no member of the Council elected official shall hold any other office, elective or appointive, or employment in or under the town government.
Why: To provide a uniformity of practice regardless of elected position; thereby, avoiding a conflict of interest in representing the Community.
307. Here is a proposed revision for your consideration 307 Introduction of ordinances and resolutions. All ordinances, motions, enactment and resolutions shall be introduced in written form, at any regular or special meeting of Council, either by a member of Council or by the Town Clerk, who shall present those ordinances, motions, enactments and resolutions filed with the Town Clerk's office by a member of Council at any time prior to the meeting. Upon introduction, all ordinances, motions, enactments and resolutions shall automatically be set for public hearing at the next regular or special meeting of council, subject to the notice requirements being met. After introduction, the Town Clerk shall post a copy of communicate any proposed ordinance, motion, enactment or resolution on the town signpost using those means that will most readily communication such to the Electorate.
Why: In recognition of the following:
- The terms "motions" and "enactments" were added to the provision as the Charter does not provide their definition, so it is unknown to what degree they would impact the Electorate.
- With a population of about 26,271 and 11,214 households (2000 Census), the "old town meeting format of communications" is no longer appropriate; correlatively, all households do not have cable TV nor computers and Internet Providers.
- Further, the number of face-to-face contacts are miniscule between elected representation and Community, even with the advent of Mayor's hours and correspondence via e-mail, including use of CivicRadar.
- This is partially the case because our Town Council/Town Manager form of government consisting of legislative bodies composed of elected volunteers that simultaneously have personal family and employment lives.
- Neither newspapers nor newsletters provide visibility to legislative body meeting agendas, Administration proposals, problems and issues, with news media coverage usually provided on selected issues after-the-fact, if that.
- Because of "composite role" of legislative body members, there is a propensity to rely on Administrative input and not to solicit input from the Public.
- Means of communicating locally are available, include in addition to the signpost, Public Access TV, the Town's Internet site, the Wethersfield Post and Life, and RareReminder as well as Hartford Courant and New Britain Herald. And, alternatively, a Town Government newsletter similar to that used by the BOE in the past could be distributed periodically.
308 Here is a proposed revision for your consideration: 308 Public hearings and passage of ordinances, motions, enactments and resolutions. At least one (1) public hearing, not less than five (5) ten (10) days notice of which shall be given by a publication in a newspaper having general circulation in the town and by posting on the town signpost, or using those means that will provide transparency to the Electorate, or both, shall be held by the Council before any ordinance, motion, enactment or resolution shall be acted upon. (See Items a & b of Why, below) Notice of the passage of an ordinance, motion, enactment or resolution shall be published once in a newspaper publication having general circulation in the town or using those means that will provide transparency to the Electorate, or both, and an ordinance, motion, enactment or resolution shall not become effective until ten (10) twenty (30) days after such notice is published. An ordinance, motion, enactment or resolution need not be published in full but may be described by suitable descriptive title or if the title is not descriptive, by suitable description of the subject matter. (See Items a & b of Why, below) The foregoing provisions of the section shall not apply to emergency ordinances. All ordinances, motions, enactments, and resolutions, when passed shall be filed with the Town Clerk and recorded in a book kept for that purpose. (See Items a & c of Why, below)
Why: In recognition of the following:
- Item a: The terms "motions" and "enactments" were added to the provision as the Charter does not provide their definition, so it is unknown to what degree they would impact the Electorate.
- Item b: As noted in the Why for Section 307, above, many means of communicating locally are available, include in addition to the signpost, Public Access TV, the Town's Internet site, the Wethersfield Post and Life, and RareReminder as well as Hartford Courant and New Britain Herald. And, alternative a Town Governments newsletter similar to that used by the BOE in the past.
- Item c: Since an emergency provision exists, routine ordinances, motions, enactment and resolution are not normally of a nature, since often they have been in resident for significant lengths of time, that the announcement before a public hearing time and effective date is not critical and warrant a significant expansion.
- Note: If the dollar cost to the Town would be significantly impacted (any dollar amount at this time would be a guessimate), surely, a dollar cost formula could be identified.
309 Here is a proposed revision for your consideration: 309 Referendum on ordinances, motions, enactments and resolutions. With the exception of matters relating to the annual budget, the tax rate, the removal of any person or persons, a special appropriation of less than seventy-five thousand dollars ($75,000.) one-third (0.003) of one-percent (0.010%) of the current annual budget or an emergency ordinance as defined in this chapter, any ordinance, motion, enactment or resolution adopted by the Town Council may be reversed by referendum if, during the ten twenty (20) day period following the adoption, there is filed with the Town Clerk, in respect of such ordinance, motions, enactment or resolution, a petition signed by qualified electors of the town, in number equal to at least five percent (5%) of the total number of electors in the town, as determined by the last final registry list. (See Items a & b of Why, below) The Town Clerk shall certify to the Town Council, within five (5) ten (10) working days following receipt of such petition, that sufficient valid signatures are attached to the petition. (See Items a of Why, below) The ordinance, motion, enactment or resolution shall not take effect until the same has been submitted at a special election or referendum, which the council must call, to be held in not less than thirty (30) nor more than forty-five (45) days after the filing of such petition. (See Items b of Why, below) Following such election or referendum, the ordinance, motion, enactment or resolution shall not take effect if a majority voting thereon shall vote in the negative, such majority consisting of at least five percent (5%) of the qualified electors in the town, as determined by the last final registry list. (See Items b of Why, below) Otherwise, such ordinance, motion, enactment or resolution shall take effect. (See Items b of Why, below) The submission to the electors provided in this section may be at a regular election or a special election if the same occurs not more than one hundred twenty (120) nor less than sixty (60) days from the certification by the Town Clerk to the Town Council.
Why: In recognition of the following:
- Item a: It is proposed that (i) the "annual budget & the tax rate" provision be address in Chapter VII "Financial Provisions."; (ii) The special provision dollar amount is expressed as a percentage of the approved annual budget currently in existence at the time; and (iii) the state number of days for reversal of a referendum be increased as these issues do not represent an emergency conditions.
- Item b: The terms "motions" and "enactments" were added to the provision as the Charter does not provide their definition, so it is unknown to what degree they would impact the Electorate.
310 Here is a proposed revision for your consideration: 310 Emergency ordinances. An emergency ordinance shall be only for the immediate preservation of the public peace, health and safety, shall contain an explicit statement of the nature of the emergency and shall be adopted by not less than six (6) one more affirmative vote than the number of the controlling majority political party members when less than seven (7), in the Council, and in no event, shall the annual budget or any appropriation, except as hereinafter provided, constitute an emergency ordinance. For the purpose of meeting an emergency, as herein defined, or to prevent the breakdown of any essential service rendered by a department, board, commission or agency of the town, the Council, by an one more affirmative vote of not less than six (6) than the number of the controlling majority political party members when less than seven (7), of its members, may appropriate, notwithstanding any other provision of this Charter, a sum not to exceed seventy-five thousand dollars ($75,000.). one-third (0.003) of one-percent (0.010%) of the current annual budget.
Why: In recognition of the following:
- To provide consistency with the affirmation vote provision of Section 308 "Public hearings and passage of ordinances, motions, enactments and resolutions.
- To provide consistency with the dollar provision of Section 309 "Referendum on ordinances, motions, enactments and resolutions."
311 Here is a proposed revision for your consideration: 311 Obligatory referendum on bond issues and appropriations in excess of one hundred thousand dollars. No resolution authorizing the issuance of bonds or making a special appropriation in excess of one hundred thousand dollars ($100,000.) one-half (0.005) of one-percent (0.010%) of the current annual budget shall become effective until the same has been approved by a majority of the qualified electors voting thereon at a regular election or a special election or referendum called by the Council for the purpose.
Why: To provide a proportional dollar amount to that of the current-to-proposed amounts of Sections 309 and 310, expressed as a percentage of the current annual budget.
312 Here is a proposed revision for your consideration: 312 Initiative by electors. The electors of the town may, in the manner hereinafter provided, propose and adopt ordinances, motions, enactments and resolutions except an ordinance or resolution fixing the tax rate. (See Items a & b of Why, below) No ordinance, motion, enactment, or resolution so proposed involving any increase in the expenditures of the town beyond those budgeted for the current fiscal year shall take effect until after the adoption of the next annual budget, unless the Council, subject to the limitations hereinbefore set forth, shall make a special appropriation for the purpose. The ordinance, motion, enactment or resolution shall be proposed by a petition to the Council, requesting its adoption, setting forth the ordinance in full and shall be signed by qualified electors of the town, in number equal to at least five percent (5%) of the total number of electors in the town, as determined by the last final registry list. The petition shall be filed with the Town Clerk, who shall, within ten (10) days, examine the signatures to the same and determine sufficiency. If the Town Clerk finds that the petition has been signed by the required number of electors, it shall be so certified by the Town Clerk to the Council, at its next regular meeting. The Council, shall, within sixty (60) days after such certification, either adopt the proposed ordinance, motion, enactment or resolution after hearing, as provided in this chapter, or submit the same to the electors at a special election or referendum to be held within ninety (90) days from the date of certification by the Town Clerk, provided that if a regular election or a town election is to occur within six (6) months of such certification, but not sooner than sixty (60) days thereof, the ordinance, motion, enactment or resolution shall be submitted at such election. If a majority of those voting on the proposed ordinance, motion, enactment or resolution vote in the affirmative, the ordinance, motion, enactment or resolution shall be adopted. Such majority shall consist of at least ten percent (10%) of the total number of electors, as determined by the last final registry list. No ordinance, motion, enactment or resolution which that shall have been adopted in accordance with the provisions of this section, shall be repealed or amended except by a vote of the electors.
Why: In recognition of the following:
- The current budget restriction of Section 312, stands in opposition to the principles of our democratic form of government.
- Further, such a budget restriction assumes that because the Town Council and Board of Education routinely receives an overview of the operations of Town and School Administrations, it knows better and has the electoral right on it side to approve a budgets without the body politic having the power to vote on a proposed budget if it chooses.
- By restricting control of a budget to itself, the Town Council is imposing its interpretation and concept of "local financial conditions" on the Community, whereas its knowledgeable of such is not more preceptive than that of the Community in this Age of Communications.
- In a free and open government, the people are the body politic as note in Section 101 and not the Town Council nor the Board of Education.
- These revisions also provide consistency with the proposal of Section 309, that the "annual budget & the tax rate" provision be address in Chapter VII "Financial Provisions."
- The terms "motions" and "enactments" were added to the provision as the Charter does not provide their definition, so it is unknown to what degree they would impact the Electorate.
313 Here is a proposed revision for your consideration: 313 Removals. The Council may remove any officer or employee appointed by it consistent with consideration of contract stipulations and dollar penalties where applicable, provided that such officer or employee is first served with a statement of grounds for his/her removal and given an opportunity to be heard by the Council thereon. Such hearing shall be public, if the officer or employee desires, and shall be held not less than five (5) or more than ten (10) days after service of the grounds for removal. The decision of the Council shall be final. From the service of the statement of the grounds for the removal until final action by the Council, the officer or employee shall be ineligible to perform the duties of that office or employment but shall continue to receive salary or wages, pending such final action. No further hearing shall be required for removal if a public hearing is held at the request of such officer or employee, provided that notice of such hearing is given in accordance with Section 308 and the public, as well as the officer or employee, is given opportunity to be heard.
Why: To recognize that where there is a contract associated with appointment of an official or employee, timing of a removal and the likelihood of a law suit, could prove costly to the Town. Also, if one does not already exist, an ordinance addressing the handling of removals may be warranted.
314 Here is a proposed revision for your consideration: 314 Investigation. The Council shall have power to establish an ad hoc committee, specifically for the purpose of investigate investigation of any and all departments, offices, boards, commissions and agencies of the town. Its Chairperson or Acting Chairperson This ad hoc committee shall have the power, for the purposes of such investigation to issue subpoenas, and, on request from the Chairperson, any Judge may issue a capias issuance of an arrest warrant by the Judiciary of the State of Connecticut for the appearance of witnesses and the production of books and papers.
Why: To recognize that an independent entity charged by the Council would possibly best serve in an objective and legal capacity in investigating the validity of "charges," with the membership of the committee having a knowledge base consistent with the specific issue being addressed.
ed/11-14-2003
George Ruhe, 956 Cloverdale Circle
George expressed his concern that the review of Sections I-III were complete and the Taxpayers Association would not get a chance to come back to the issues raised. Chairperson Munroe assured him that these issues would be addressed further once review of each Chapter was complete.
"Tyranny of the Minority". The Taxpayers Association found this comment, made at a prior meeting, to be out of order. George distributed two articles regarding said topic to the Members.
Edward Kardas, 850 Cloverdale Circle
Ed referred to an article he found in the Hartford Courant in the Other Opinions section, entitled "Give the Public Access to Legislative Process." A copy of this article was distributed at the meeting.
Ed expressed his concern regarding the communication, participation and continuity of information being distributed, reviewed and voted on in Town Council Meetings.
Agenda Item #4: Review of Wethersfield Town Charter - Chapter IV and V
Munroe - stated that she feels the Town Manager should be certified by the state. Need to determine what "certified" means and what qualifications/previous experience are required for candidacy.
Healy - clarified that "certification" is defined/interpreted by the Town Council. The only requirements in current Charter state the Manager has to devote full time to the job and at some point during tenure become a resident. Suggests leaving current language alone, not to add what qualifications/certifications are expected or necessary.
Standish - leave responsibility for determining qualified candidate for Manager with Town Council than to build in criteria for qualification in the Charter.
McHugh - Council has always sought higher than average level of candidate. Give the Council the authority to select best candidate.
Healy - why the reference to (120) days for publication of fiscal year report. Is this obsolete? Ask the Town Manager if this is a legal requirement or should we remove this reference, as things can be prepared much quicker with advances in technology.
Healy - in the event that the Town Manager is away for a protracted period of time a proper chain-of-command needs to be in place.
McHugh - a letter should be filed in the Town Clerk's office granting standing approval for alternate coverage for emergency absences or absences less than 30 days. These alternates should be pre-approved by the Town Council.
Munroe - should be a periodic review of Town Clerk appointment. Indefinite term is too nebulous.
Standish - concerned with indefinite term as well. He feels that the Town Clerk should be appointed by the Town Manager. Should certification of Clerk be built into the Charter to ensure a base level of qualifications?
McHugh - would not object to Town Manager appointing Town Clerk. Would prefer appointment by Council or Manager rather than election.
Healy - if the Clerk is appointed by the Town Manager then the Manager should determine qualifications. If the Council appoints the Clerk, wording should be consistent with parameters of Town Manager for qualifications/candidacy.
Camilliere - does not feel Manager should appoint the Clerk.
Munroe - same concerns as 501.
Healy - too much detail contained in this section? Do we need all treasurers and counter signors or is Town Manager and Director of Finance sufficient.
Standish - position is in place to prevent an insiders group from forming and permitting the Town Manager and Director of Finance from running things in a fashion that are not in the best interest of the town. Town Treasurer acts as a check and balance against potential abuse.
Rick will research the need for Selectmen/women. What functions do they perform, if any, that are not currently performed by any other Officers of the Town.
Standish - concern with standing/permanent building committee, specifically potential for standing committee becoming too cozy with providers of services.
Camilliere - feels candidates should have to reapply for position vs. automatically elected to a standing board.
Agenda Item #5: Miscellaneous
It was discussed that the Recording Secretary would pursue placing the agenda for future meetings on the Town website.
Agenda Item #6: Adjournment
Vice Chair Healy motioned to adjourn. Chairperson Munroe seconded. The motion was passed unanimously. The meeting adjourned at 8:35.
Respectfully submitted,
Dorcas McHugh
Secretary
Approved as submitted December 3, 2003