The Wethersfield Charter Revision Commission held a meeting on December 3, 2003, in the Town Manager's Office at the Town Hall. The meeting began at 7:05 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, Gerri Roberts and Leigh Standish (7:20) |
| Intern | Rick LeBorious |
| Recording Secretary | Chantel Teti |
The following individual(s) were absent:
| Commission Member(s) | David Herold |
|---|
Agenda Item #2: Adoption of the November 18, 2003 Charter Revision Commission Meeting Minutes
Vice Chair Healy motioned to adopt the minutes from the November 18, 2003 Charter Revision Commission Meeting. Chairperson Munroe seconded. The motion to adopt the minutes passed unanimously, with the exception of Commission Member Roberts in abstention.
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.
CHARTER REVISION COMMISSION: Included herein are some initial detailed observations and proposals re Chapters IV and V as well as some supplemental observations and proposals to earlier input on Chapters II and III of the Charter. - - Edward Kardas/11-30-2003
Note: Undelined words represent proposed additions while strikethrough words represent proposed deletions. The reason(s) for a proposal is provided via a bold "Why" with a bold "Note" being used to convey some backgound, supplemental suggestions, etc...
Chapter II Electors
202. Proposal to further revise this section by adding reference to Goal Commission: Section 202 Elected officers: At each town election, there shall be chosen nine (9) members of the Town Council andmembers of the Board of Education as well as the seven (7) nine (9) members of the Composite 10-year Plan of the Goals Commission, as hereinafter provided. Two (2) Registrars of Voters shall be elected as provided by the General Statutes.
Why: To provide the same level of elected representation for the Goals Commission as the Town Council and BOE.
Chapter III Proposal to change the title of the Chapter: III Council Elected Representation
Why: To provide a level of elected representation to the proposed Goals Commission equal to that of the Town Council and BOE.
- Re Sections 301 to 314: Consistent with this proposal of Section 202, above, the content between the three Sections should be made consistent; that is, (i) Town Council; (ii) Board of Education; and (iii) Goals Commission. As minimal coverage, add Sections 315 and 316, below, addressing the Board of Education and the Goals Commission. Additionally, with the proposed new coverage of 315 and 316 added to Chapter III, the series of sections currently applying to the Town Council should be reviewed, with those segments of the provisions also applying to the BOE and Goals Commission, expressed as a common set of provisions applying to all three elected bodies.
- Re other Chapters: Provisions corresponding to those of the Town Council and Town Government applicable to the BOE and School System should be also provided in the Charter; for example, coverage equal to that of: (a) the Town Manager for the Superintendent of School in Chapter IV; (b) the Town Administration for the School Administration in Chapter V, Officers and Boards; and (c) the Town Departments for the School Principals in Chapter VI, Administrative Departments; thereby ensuring an equal level of transparency to all governing provisions applicable to the services of the Town-Town and School Systems. Obviously, the details of School System could be provided by cross-referenced to "a suitable policy manual having a status equal to that of the Town Codes."
315. Proposal to further revise Chapter III by adding a new section: Section 315 Board of Education. The Board of Education shall perform such duties and have such powers as provided in the General Statutes of the State of Connecticut. The Board may be empowered by this Charter with such other duties and powers that are not inconsistent with the General Statutes of the State of Connecticut.
Why: The short answer is to provide a commonality of provisional location for all elected representation; and the longer answer:
- To shed the "light of day" on the current Board of Education provision "hidden" in Chapter IX, Miscellaneous Provisions, Section 903 Powers.
- As to the duties of Board of Education, these duties should be addressed in the Charter, transferred from wherever they currently reside, in recognition of the Boards importance as the elected body empowered to provide for governance of the Public School System of Wethersfield.
316. Proposal to further revise Chapter III by adding a new section: Section 316 Goals Commission. The Goals Commission shall perform such duties and have such powers required to establishing 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. The Goals Commission shall prepare an update of the Composite 10-Year Plan of Goals for the Town for each subsequent term of the legislative bodies. Transitionally, the initial Goals Plan shall be derived from existing plans of the Council and Board of Education. Once the Commission has established the initial 10-year Goals Plan and subsequently an update of an established 10-Goals Plan, the proposed content shall be presented to the legislative bodies, after which the Council shall schedule a referendum question(s) for the next Election Day, to obtain the approval or disapproval of the Electorate. The Council shall provide budget funding of clerical assistance for documentation of the proceedings of the Commission.
Why: The short answer is to expand the number of elected bodies representing the Town; and the longer answer:
- As note in an earlier communication, this provision is intended to ensure that major issues -- not implemented during the two-year term of the current legistative bodies -- are provided continuity between outgoing elected legislative bodies and incoming elected legislative bodies -- Town Council and Board of Education--over both the short and long term.
- While the 10-year Goals Plan is intended to address long term goals, the Goals Plan is also intended to include two-year goals for implementations by legislative bodies, thereby helping to prevent a major "item" of important to the Community from "falling" through a political crack, as has occurred in the past.
- This entity will also be a source of knowledgeable people having a variety of backgrounds and capacities suitable for becoming candidates for election to the Town Council and BOE through involvement in preparing bi-yearly updates to the Plan reflecting local issues from "A to Z.".
- Today, we have a hodge-podge of documents, from the"2000 Plan of Conservation & Development"; the "Town of Wethersfield Strategic Plan" of August 21, 1995; the "Town of Wethersfield 2002 Technology Implementation Plan"; the Wethersfield Board of Education's "School Facilities Master Plan" of 2001, a "Technology Plan" of 2000 and "Ten Year Capital Improvement Plan" of 2001; as well as other plans involving the Planning and Zoning Commission; Historic District Commission; Town Planner; Economic Development & Improvement Commission; to the 5-and-10 year budgetary plans of both Town and School Administrations.
Chapter IV Manager
401. Proposed revision: Section 401 Qualifications, appointment and tenure. A Town Manager, hereinafter referred to as the "Manager," shall be appointed by the Council, solely on the basis of executive ability and knowledge of accepted practices and experience in local government administration and finance as set forth in the rules of procedure of Section 305 and shall be deemed the chief executive officer for the town. The Manager shall serve for an indefinite term and be subject to removal by the Council in the manner provided in Chapter III of this Charter. for the removal of all officers appointed by the Council. At the time of appointment, the Manager need not be a resident of the town or the state but during tenure of office shall reside in the town. The Manager shall devote full time to the office of Manager.
Why: The shorter answer is to provide agreement between Sections; and, the longer answer:
- "Solely" deleted because the Electors-the body politic-- are vested with the responsibility of "government and affairs of the town" through the electoral process as well as via petitioning for referendums that may provide approval or disapproval of actions taken by the Town Council as the "governing body" and appointed administrators and employees.
- As to the qualification of a candidate for Town Manager, the revised wording is intended to provide for and to recognize two major determining criteria (ref Sections 403, Finance, and 404, Powers) in the selection of a Town Manager; while providing guidance in Town Code A180, Town Council Rules of Procedure on the "qualifications" for Town Manager and other positions. As relative to the Charter Revision Commission's discussion of November 18, 2003, on qualifications of the Town Manager and others, the following is a proposal for inclusion in Town Code A180:
"Knowledge and experience in municipal and public educational governance related to:
- Public administration, monitoring and evaluation of service sectors.
- Ability to provide leadership, to coach and to motivate and to encourage the staff to innovate and identify process improvements that will produce improved effectiveness and efficiencies in services in a manner that enhances their quality and reduces their operational costs.
- Ability to identify, communicate and involve the citizenry in participating and providing services to the Community through volunteerism.
- Ability to provide continuity of service operations, capital improvement priorities and quality of life issues through a succession of Town Council and Board of Education changes.
- Ability to achieve results on the basis of local demographic and environmental requirements as well as an understanding of the functional and collaborative relationships with local Municipal, the State and National Government.
Knowledge and experience in public financial management related to(Please provide a response on the reverse corresponding to the identification number of each statement below):
- Evaluation of policies, strategies and expenditures for consistency with Community surveys and input.
- Application of fiscal forecasting and surveys of the Community.
- Identification of budget process adjustments and reforms, including short, medium and long term plans.
- Integration of capital asset improvement strategies and priorities in fiscal budgets.
- Macroeconomic understanding of relationships between the Wethersfield, the State and Nation as well as the World.
- Continuum of measurements, accountings and evaluations of the finance of the Town and School District."
- The deletion of "removal of all officers appointed by the Council" is to provide correlation with the proposed addition to Chapter V Officers and Boards, that addresses an "Ombudsman Commission."
402. Proposed revision: Section 402 Compensation. The Manager shall receive a compensation to be fixed by the Council in accordance with the provisions of Chapter V, Officers and Boards, addressing "Town and School System Employee Salaries, Benefits and Pensions.
Why: To correlate with the proposed addition to Chapter V, Officers and Boards, that addresses "Town and School System Employee Salaries, Benefits and Pensions."
403. Proposed revision: Section 403 Duties. It shall be the duty of the Manager to attend all meetings of the Council, with the right to speak but not to vote; to keep the Council fully informed concerning the financial condition of the town and concerning all other matters affecting the welfare of the town; to prepare and submit, in the manner provided in this Charter, the annual budget of the town; to prepare, in form suitable for publication, within one hundred twenty (120) days after the close of each fiscal year, a report of the financial transactions and accomplishments of the town government for such fiscal year; to see that the laws of the state and ordinances of the town are faithfully executed and to perform such other duties as may be assigned by law or by the ordinances or other duly adopted acts of the Town Council. At the first Council meeting in January, the Manager shall disclose the terms of all union contracts, consulting contracts andpersonal employment contracts in effect as well as the transitional status of contracts in adherence to Chapter V, Officers and Board, section on Town and School System Employee Salaries, Benefits and Pensions. This shall cover all contracts signed by either the Board of Education, the Town Council or the Library Board.
Why: To correlate with the proposed addition to Chapter V, Officers and Boards, that addresses "Town and School System Employee Salaries, Benefits and Pensions."
404. Proposed revision: Section 404 Powers. Subject to responsibility to the Council, the Manager shall supervise have management responsibilities and control of all departments and agencies of the town, except those empowered to the Board of Education, Goals Commission, the Library Board,and those in charge of officers elected by the people, appointed by the Governor and the General Assembly or appointed by the Council. The Manager shall appoint and may remove, subject to the provisions of Chapter VIII, of this Charter, the Tax Collector, the Assessor and all officers and employees of the departments and agencies of the town and shall have the power to transfer and reassign offices, functions and responsibilities among the various departments, officers and agencies under the Manager's jurisdiction, in the interests of orderly and producing an effective and efficient administration, subject to the approval of the Council. of services to the town.
Why: The revisions noted are intended to be editorial through removal of duplications (i.e., "the Tax Collector, the Accessor" verse "all"); understood cross references (i.e., "of this Charter"); commonality of terminology (i.e., "Manager" verse "supervise"); and in recognition that "empowerments" apply to BOE, Goals Commission, Library Board and elected officers (i.e., BOE and the proposed expansion to include a Goals Commission; ref., Sections 315 and 316, above).
405. Proposed revision: Section 405 Acting Manager. In the absences of theThe Manager, the Superintendent of Schools shall assume temporary management of the Town; in the absences of both the Manager and Superintendent, the Chief of Police shall assume temporary management of the Town; and should the need arise, a Town System or School System Administrator shall be designated by letter maintained on file with the Town Clerk, who shall assume temporary management of the Town, and subject to the approval of Council, a town employee or officer who shall act as Manager, except in the matter of appointments and removals, during the Manager's temporary absence or inability of the Manager to serve. In the event of a vacancy in the office of Manager, from whatever cause arising, the Council shall have power to designate a person, other than a member of the Council, to act as a temporary Manager, pending the filling of such vacancy.
Why: The short answer is to identify with management experience of the real world; and, the longer answer:
- Both the Town Manager and Superintendent of Schools were hired because of a combination of their individual management skills and their knowledge of handling routine, unusual and emergency conditions as they arise.
- Both are appointed and are intended to have salaries corresponding to responsibilities in their respective fields.
- The absence of the Manager is likely to be for only a limited duration (e.g., vacation, business trip, etc.) during which normal functions of the Town are handled by departmental officials on whom the Manager would call if an unusual or emergency situation arose (and a temporary Manager too).
- If an emergency were to arise, a temporary Manager has access to the Mayor or Deputy Mayor and others for guidance and assistance.
- Since the Town does not have an Assistance Manager and since the Superintendent has management skill not limited to the School System, it seems reasonable to have the Superintendent serve in a dual capacity on a "temporary basis" in the absence of the Manager.
- Further, rather than having to communicate via letter for each absence, identification of a logical sequence of responsible individuals to handle absence of the Manager is no unreasonable.
Introductory observation on Chapter V Officers and Boards:
There are 40-plus committees, boards, commissions and authorities as well as constables, agents, etc., identified in the 2003 Town Calendar for Wethersfield.
- Volunteers manage the responsibilities of these entities with the support of the Administrations of the Town and School Systems.
- Few of these entities-boards, commission and committees, however, are directly identified to the School System, even though 57% of property taxes provide for its funding; coverage of BOE entities equivalent to those of the Town Council in "stature," is needed in the Chapter.
- Charter Revision Commission guidelines appear warranted in determining which entities are to be addressed directly in the Charter versus addressed elsewhere; for example, in the by-laws of the entity.
- It is proposed that the criteria applied by the Charter Revision Charter be as follows: (a) Those entities only having an advisory provision, be identified as ad hoc-to handle immediate issues or problems-and not be addressed by the Charter, while (b) those entities having a provision of empowerment--applying year-in and year-out--be addressed in the Charter.
- Additionally, it is proposed that a Patriots Commission be appointed by the Town Council (See proposed Section 516, below). Should this Section 516 proposal be included in the Charter, it is also proposed that Section 511, Constables and Selectmen/Women, be edited by transferring and combining the provision of the proposed Section 516 with the provisions of Section 511.
- Further, the provision of Section 509, Housing Authority, appears to warrant expansion.
Chapter V Officers and Boards
501. Proposed revision: 501 Town Clerk. The Town Clerk, who shall be responsible to the Council, shall be appointed by the Council for an indefinite term. In addition to the powers and duties prescribed for Town Clerks by the General Statutes of the State of Connecticut, the Clerk shall be the Clerk of the Council, keep a journal of its proceedings, which shall be a public record, and perform such other duties as may be assigned by the Charter or by action of the Council. The Clerk shall have and appoint such deputies, clerks and other assistants as the Council may determine, and as provided in the General Statutes of the State of Connecticut.
Why: While it can be readily discover that the referenced to the "General Statutes" do not appear in the Charter, completing the cross-reference by adding "of the State of Connecticut" will make the reference more fully definitive.
502. Proposed deletion of Section in its entirity: 502 Town Treasurer. There shall be a Town Treasurer, appointed by the Council for an indefinite term. It shall be the duty of the Treasurer to receive and safely keep all moneys belonging to the town by depositing the same in a bank or banks to be selected by the Treasurer, with the approval of the Council. The Treasurer may invest, from time to time, in securities of the United States or time or demand deposits, with the approval of the Council, moneys of the town not needed for immediate expenditure, invest any trust funds of the town, for which other provision has not been made by the terms of the gift creating such fund, in securities legal for the investment of trust funds in Connecticut and shall keep such accounts as shall be prescribed by law or ordinance or by the orders of the Director of Finance approved by the Manager. No money shall be drawn from any town account, except by check countersigned by the Treasurer or Deputy Treasurer or Town Manager or by wire transfer authorized by the Director of Finance, and none of them shall affix a signature to any such check unless satisfied that the expenditure represented thereby has been legally incurred. The Deputy of the Treasurer authorized to countersign checks shall be appointed by the Council. In addition to the Deputy Treasurer provided for in Section 601, the Treasurer shall have such other assistants as the Council may determine, by ordinance.
Why:
- Most of the provisions in Section 502 were evolved in an environment that existed 50-years ago, when many innovations that are common to the business way of life today had yet to evolve. Being in the 21st Century with its many work routines tied to everyday means of electrically communicating and transacting businesses, indicates that those provision of Section 502 that are in keeping with how the finances of businesses are transacted today (for example, in the private sector), should be relocated to Chapter VII, Financial Provisions. Obviously, the relocation to Chapter VII should be coordinated and reviewed with people knowledgeable in the field, to ensure that the provision of Section 719, Annual Audit, will identify any "financial mischief" that is likely to occur (since 719, apparently, reflects the auditing standards of 50-years ago too, suggests that an upgraded provision consistent with the available technological software of today, may be appropriate).
503. Proposed revision: Section 503 Town Attorney. There shall be a Town Attorney, who shall be appointed by the Council for a term of two (2) years from the third Monday in December of each odd-numbered year or until a successor is appointed. In the event of a vacancy, for whatever cause arising, in the office of the Town Attorney, the Council shall fill said vacancy for any remaining unexpired portion of the term. The Council shall fill the vacancy produced by an incomplete portion of a term. It shall be the duty of the Town Attorney to be the legal advisor of the Council, Board of Education, Goals Commission, Manager and all departments, officers, boards, commissions and agencies of the town, to represent the town in all litigation in which the town or any department, officer, board, commission or and agency thereof is a party, except as otherwise provided by the Council or Ombudsman Commission of Section 515 , and to prepare, on request of the Manager, the Council or any member thereof, ordinances and resolutions for consideration by that body as well as requests from the Office of the Town Clerk for an opinion on the legality of a petition or an initiative by the Citizenry before circulation, to ensure that the wording and descriptive content of the addressed issue is consistent with the General Statutes of the State of Connecticut and the Charter of the Town of Wethersfield The Town Attorney shall have such clerical and other assistants as the Council may determine.
Why:
- As with other observations, the idea is to simplifying services, processes, and provisions, thereby ensuring a commonality and equality of application. The handling of legal issues should be no different that combining services that have a common function elsewhere in the Town and School Systems.
- By having one appointed Town Attorney, it will help to ensure cohesive negotiations when handling existing and new contracts with employees (e.g., Section 516, Salaries. Benefits and Pension Commission) as well as issues surfacing with the Town.
- Assistance with the wording of petitions and initiatives will help remove from the "political" an independent action chosen by members of the body politic that opposes the "stance" of a legislative body, and consistent with being participants in their own governance (Ref., Section 101, Incorporate; Section 309, Referendum on ordinances and resolutions; Section 312, Initiative by electors; and Section 516, Patriots Commission).
- Additionally, the intent of the revisions is to simplify the wording relative to a vacancy occurring, while providing a cross reference to the proposed Ombudsmen Commission.
504. Proposed revision: 504 Planning and Zoning Commission. There The Council shall be appoint a Planning and Zoning Commission, consisting of nine (9) regular members and three (3) alternate members appointed by the Council, based upon the Voter Registration of all twelve (12) members being evenly distribution among Democrats, Republicans and the Unaffiliated, for terms of three (3) years commencing July 1 of the year appointed. which shall have all the powers and duties formerly conferred upon the Town Plan Commission and now or hereafter conferred upon such commissions by the General Statutes. The Council shall appoint, annually, three (3) regular members and one (1) alternate member annually. of the Planning and Zoning Commission for terms of three (3) years commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. The Commission shall have those powers provided by the applicable provisions of the General Statutes of the State of Connecticut. All members shall serve without compensation. The Planning and Zoning Commission shall have the authority to employ engineers, planners, consultants, draftsmen/women and other assistants, provided that they shall not obligate the town for an amount in excess of the appropriation consistent with the approved budget established by the Council for the purpose.
Why:
- The intent of the revisions is to simplify the wording and to complete the cross-reference to the "General Statutes of the State of Connecticut."
- The proposed construct of the Membership is intended to broadly correlate with the Registration of the Electors in Wethersfield, where about 39% are registered as Democrats; 38% are Unaffiliated and 23% are Republicans.
- The proposal also recognizes that in the last two local elections, the majority party of the Town Council and BOE changed both times, with less than 50% of the Electorate voting.
- Since the Membership of the Commission is appointed, the proposal is intended to provide a degree of uniformity and checks-and-balances provided by the diversity of representation associated with voter registration.
505. Proposed revision: 505 Zoning Board of Appeals There The Council shall be appoint a Zoning Board of Appeals, consisting of five (5) regular members and three (3) alternate members, based upon the Voter Registration of all eight (8) members being evenly distributed among Democrats, Republicans and Unaffiliated, except that one affiliation may consist of three (3) members,appointed by the Council, which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. One (1) regular member shall be appointed each year for a term of five (5) years, and one (1) alternate member shall be appointed each year for a term of three (3) years, commencing July 1 of the year of appointment. One (1) regular member shall be appointed each year. Any vacancy shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. The Zoning Board of Appeals shall have those powers provided by the applicable provisions of the General Statutes of the State of Connecticut. All members shall serve without compensation. The Zoning Board of Appeals may appoint such clerical assistants required consistent with the approved budget established by as the Council may determine.
Why: Same as the "Why" tabulation of Section 504, above.
506. Proposed revision: 506 Library Board. There The Councilshall be appoint a Library Board of nine (9) directors, appointed by the Council, , based upon the Voter Registration of all twelve (12) members being evenly distributed among Democrats, Republicans and Unaffiliated., for terms of three (3) years, for terms of three (3) years commencing July 1 of the year appointed. which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. Three (3) directors shall be appointed annually. for terms of three (3) years commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. The Library Board shall have those powers provided by the applicable provisions of the General Statutes of the State of Connecticut, including management, maintenance, employment and budgeting for all the libraries in the School System. All directors shall serve without compensation.
Why:
- Same as the "Why" tabulation of Section 504, above.
- Additionally, this revision also includes a proposal that extends the powers of the Library Board to the libraries of the School System.
- It is envision that as with the combining of other functions common to governance of the Town and School Systems, control of School System libraries by the Library Board will produce both service and cost reduction enhancements.
507. Proposed revision: 507 Board of Tax Review. There The Council shall be appoint a Board of Tax Review, of three (3) members appointed by the Council,based upon the Voter Registration of all three (3) members being evenly distributed among Democrats, Republicans and Unaffiliated. for terms of six (6) years commencing July 1 of the year appointed.which shall have all the powers and duties now or hereafter conferred upon such boards by the General Statutes. One (1) member shall be appointed in each even-numbered year for a term of six (6) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. The Board of Tax Review shall have those powers provided by the applicable provisions of the General Statutes of the State of Connecticut, Members shall receive such per diem compensation consistent with the approved budget established by the Councilas may be provided by ordinance.
Why: Same as the "Why" tabulation of Section 504, above.
508. Proposed revision: 508 Board of Building Appeals. There The Council shall be appoint a Board of Building Appeals, of five (5) regular members and three (3) alternate members, appointed by the Council. based upon the Voter Registration of all eight (8) members being evenly distributed among Democrats, Republicans and Unaffiliated, except that one affiliation may consist of three (3) members, for terms of five (5) years commencing July 1 of the year appointed. One (1) regular member of the Board shall be appointed, annually, for a term of five (5) years, commencing July 1 of the year of appointment, and one (1) alternate member of the Board shall be appointed, annually, for a term of three (3) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. It shall be the duty of the Board of Building Appeals to hear all appeals from the rulings of the Building Inspector in the enforcement of the Building Code of the town and to render its decisions approving, modifying or reversing such rulings. All members shall serve without compensation.
Why: Same as the "Why" tabulation of Section 504, above.
509. Proposed revision: Section 509 Housing Authority. The Housing Authority shall be appointed in the manner and to exercise the powers and duties prescribed by the General Statutes of the State of Connecticut.
Why: To complete the cross-reference to the "General Statutes of the State of Connecticut."
510.Proposed deletion of Section in its entirity: Section 510 The Advisory Recreation and Parks Board. There shall be an Advisory Recreation and Parks Board, appointed by the Council for terms of three (3) years, commencing July 1 of the year of appointment. Any vacancy shall be filled by appointment by the Council for the unexpired portion of the term. The Advisory Recreation and Parks Board shall study the recreation and park facilities and program of the town and shall confer with and advise the Director of Recreation and Parks with respect to the development and use of the town's parks and its recreational program.
Why: As noted in the introductory observation to Chapter V, Officers and Boards, above, and repeated here:
- Charter Revision Commission guidelines appear warranted in determining which entities are to be addressed directly in the Charter versus addressed elsewhere; for example, in the by-laws of the entity.
- It is proposed that the criteria applied by the Charter Revision Commission be as follows: (a) Those entities only having an advisory provision, be identified as ad hoc-to handle immediate issues or problems-and not be addressed by the Charter, while (b) those entities having an empowered provision--applying year-in and year-out-- be addressed in the Charter.
511. Propose revision: Section 511 Constables and Selectmen/women. There The Council shall be appoint seven (7) Constables and a Board of Selectmen/women consisting of five (5) members who shall be appointed by the Council, based upon the Voter Registration of all seven (7) constables and five (5) Selectmen/women being evenly distribution among Democrats, Republicans and Unaffiliated, except that one (1) affiliation may consist of three (3) member, for terms of two (2) years commencing July 1 of the year of appointment. , provided that terms of Constables and Selectmen/women initially appointed shall be from July 1, 1988 to June 30, 1990. No more than a bare majority of Constables and Selectmen/women shall be of the same political party. Any vacancies shall be filled by the Council for the unexpired portion of the term. The Council shall fill vacancies of incomplete portions of terms. Constables and Selectmen/women shall receive such compensation as provided by law. Constables shall have the powers and duties conferred on Constables providedby the General Statutes of the State of Connecticut. in respect to the execution of legal process. The Board of Selectmen/women shall have the powers and duties conferred on Selectmen/women by the General Statutes of the State of Connecticut in respect to serving as the Board of Admissions of Electors.
Why: Same as the "Why" tabulation of Section 504, above.
512. Proposed revision: Section 512 Building Committee. The Council shall appoint an Advisory Building Committee for each capital improvement project for which a referendum is required and may appoint an Advisory Building Committee for capital improvement projects not requiring a referendum. Each committee so appointed shall consist of seven (7) members, each of whom shall have such expertise as the Council may deem necessary and appropriate, based upon the Voter Registration of all seven (7) members being evenly distributed among Democrats, Republicans and Unaffiliated, except that one (1) affiliation may consist of three (3) members, for terms of the project. The Council shall establish the duties and obligations of each committee and the term for which such committee shall exist. The committee shall choose select one (1) of its own members to serve as the Chairman of such committee and another as the Vice Chair. All Building Committees shall have the authority to may conduct in public meetings, public hearings and shall conduct its meetings in public. such other powers as generally granted, by law or by Charter, to town committees or as may be specifically granted by the Council. The Council shall specifically identify the duties and responsibilities to be executed by the each Building Committee. All members shall serve without compensation.
Why:
- The intent of the revisions is to simplify the arrangement of wording and to add a compensation provision.
- Additionally, the proposed composition of the Membership is intended to broadly correlate with the Registration of the Electors in Wethersfield, where about 39% are registered as Democrats; 38% are Unaffiliated and 23% are Republicans.
- This proposal also recognizes that in the last two local elections, the majority party of the Town Council and BOE changed both times, with less than 50% of the Electorate voting.
- Since the Membership of the Commission is appointed, the proposal is intended to provide a degree of uniformity and checks-and-balances imparted by the diversity of representation associated with voter registration.
513. Proposed revision: Section 513 Boards and Commissions. There shall be such other boards and commissions organized in such manner as the Council shall determine, by ordinance. Unless otherwise provided by the General Statutes of the State of Connecticut, all appointments to boards and commissions shall be made by the Council. All entities shall serve without compensation unless specifically identified to the contrary.
Why:
- Relocate Section 513 at the end of the series of sections in this Chapter, if any proposed new sections are added to the Chapter.
- To complete the cross-reference to the "General Statues of the State of Connecticut" and to include a "caution" that entities do not normally receive compensation.
514. Proposed addition: Section 514 Ombudsman Commission. The Council shall appoint an Ombudsman Commission consisting nine (9) regular members and three (3) alternate members, based upon the Voter Registration of all twelve (12) members being evenly distributed among Democrats, Republicans and Unaffiliated, for terms of three (3) years commencing July 1 of the year of appointment. The Council shall fill vacancies of incomplete portions of terms. All members shall serve without compensation. The Ombudsman Commission shall have the responsibility of obtaining document data, subpoenaing people and conducting hearing to adjudicate differences between one or members of the body politic and the legislative bodies as well as boards, commissions and committees not having an appeal program, whose decision precipitated the claim of an in appropriated action through its approved of a motion. Claims are to be submitted to the Commission within ninety (90) days of the approved motion date, recorded and assigned processing sequence identification for action by the Commission. Once the Commission renders a decision on a claim, it shall be documented and reported to the appropriate controlling legislative body for final execution. Both legislative bodies shall provide budget funding of clerical assistance for documentation of the proceedings of the Commission.
Why: As noted in an earlier transmission related to the proposal of Section 105 Adjudication, it's "Why" observations are being repeated here: "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."
515. Proposed addition: Section 515 Salaries, Benefits and Pension Commission. The Council shall appoint a Salaries, Benefits and Pension Commission consisting of seven (7) members and two (2) alternates members, based upon the Voter Registration of all nine (9) members being evenly distributed among Democrats, Republicans and Unaffiliated, for terms of three (3) years commencing July 1 of the year of appointment. The Council shall fill vacancies of incomplete portions of terms. All members shall serve without compensation. The Commission shall have the responsibility of obtaining documented data on compensation from the private, public and nonprofit sectors for evaluation and determination of appropriate schedules of salaries, benefits and pensions that provide fair, equitable and consistency with service of employees. Once a proposed matrix of compensations has been established, the Commission shall coordinate and obtain approval from the two legislative bodies, and who shall identify a schedule for implementation consistent with acquiring necessary support computer software and renegotiation of active contracts with employees. Both legislative bodies shall provide budget funding of clerical assistance for documentation of the proceedings of the Commission.
Why: The short answer is to provide uniformity and proportionality; and, the longer answer:
- Recent and on-going National and State debacles impacting our social, free-market and capitalistic-fabric have all contributed to a need for our return to those American Values that provide a balance between the Citizenry and government; the Citizenry and private businesses; and the Citizenry and core "hands-on" services provided by employees within the Town and School Systems.
- In addition to salaries, employee contractual compensations are a "mixed-bag" as related to: (i) work week; (ii) vacation time; (iii) holidays; (iv) sick time; (v) longevity pay; (vi) health insurance; (vii) employee co-payments; (viii) long term disability; and (ix) pensions.
- In our free-market and "merchandise-ethic" culture, people buy-and-sell products and services base upon personal needs.
- For example, if dollars were placed initially in a composite compensation "Trust Fund" identified in contracts, employees could individually tailor personal needs base upon their martial status (i.e., single, married, married with children, etc.), enhancing morale while reducing costs to the Town and School Systems.
- Once the Salaries, Benefits and Pension Commission has identified financial algorithms for computerizing procedures and formulas, the dollar amount applicable to the martial status of any given employee may be placed in a "Trust Fund" (for example), regardless of the applicable compensation subdivision.
- Without a controlling set of criteria to manage the various contractual items identified, above, in relation to the local, State and National economic environment, contractual negotiations will contribute to the "snowball" phenomena, where the coverage receive by the first agreed upon contract, becomes the basis for obtaining equivalent or better coverage in those that follows.
- With the culture of private business and non-profits changing, government needs to identify what process improvement will produce cost reduction to its operations.
516. Proposed addition: Section 516 Patriots Commission. The Council shall appoint a Patriots Commission consisting of three (3) members based upon the Voter Registration of all three (3) members being evenly distributed among Democrats, Republicans and Unaffiliated, for terms of two (2) years commencing July 1 of the year of appointment. The Council shall fill vacancies of incomplete portions of terms. All members shall serve without compensation. The Commission shall have the responsibility to establish a program and identify candidates for elected offices as well as all board, commissions and committees consistent with the provisions of Section 207, Nomination and Election Procedure. Candidates meeting the General Statutes of the State of Connecticut requirements and choosing to become a candidate for elected office, shall have their names identified in alphabetic order in voting booths and on mail-in forms. Those citizens choosing to submit their names for membership on boards, commissions and committees, shall submit their qualifications as set forth in the rules of procedure identified in Section 305, for evaluation, acceptance or rejection by the Commission. Candidate approvals shall be in agreement with entity needs and Voter Registration requirements of the entity. Once the Commission renders a decision, it shall inform the controlling legislative body for final execution, and shall also inform all candidates of its decision. Both legislative bodies shall provide budget funding of clerical assistance for documentation of the proceedings of the Commission.
Why: The short answer is to provide enhance citizen participation in our governance, and the longer answer:
- The combined terrorist attacks of September 11, 2001, and the subsequent reactive Patriot Act(s), has raised dual levels of apprehension: (i) first, about future terrorist attacks and (ii) second, about the rights of ordinary citizens.
- Even with these apprehension in place, we continue to retain our inherent desire for dignity, freedom of speech and belief, and freedom from fear regardless of the source.
- Three simple questions arise: (i) Who are we? (ii) What are our values today? And (iii) What are we to do?
- While the USA, States and local Municipalities are governed on a representative basis, do we public recite the "democratic valves" learned in our school days, fail to apply fully to local government?
- The simple indirect answer to these questions may be yet another question: With a fresh look at the term Civics-defined as a "social science dealing with the right of and duties of citizens"-in mind and a paraphasing of the words of Abraham Lincoln's Gettingsburg address: Is local 'government of the people, by the people, and for the people' what the people of Wethersfield desire?"
- As a short summation of the first five bullets immediately above, it is comtemplated that a "Patriot Commission" as proposed and actively implemented, could help bring the citizenry around to "implementing" their rights and obligations by more fully participating in their own governance.
Close: 11-30-2003.
Agenda Item #4: Review of Wethersfield Town Charter - Chapter VI and VII
We need clarification from the Town Manager regarding her comment (TM-17). We need more detail on what changes she would like to see made. Rick will address.
Roberts - suggested renaming Department of Safety to Department of Public Safety. Should there be some reference to emergency medical services in this section, or is ambulatory covered elsewhere. Is this a liability issue?
Healy - do we need the level of detail in 602 (a) regarding suspension/removal. What is the history of this section and should this be contained in the Charter.
Rick will obtain copies of Police and other Town Employee contracts to ensure consistency.
Remove language "in the organization and conduct of which no change is contemplated."
Put review of this section on hold. Revisit this section on second review of the Charter.
Revisit language "and, at the request of the Director of Recreation and Parks, any employee of the Department of Recreation and Parks may be appointed, by the Director of Safety, a special police officer with the same powers as a member of the Police Division but only for the purpose of protecting public property and preserving order within the parks and public grounds under the jurisdiction of the Department of Recreation and Parks."
Change to reflect Paul Hutcheon's suggested language.
Rename to Department of Social and Youth Services.
Is this section necessary?
The Town Manager will present the annual budget to the Council on the first Monday in April. Printed materials for public distribution will be available at that time.
The Town Manager and the former Director of Finance both feel budget categories should not be dictated by the Charter.
The entire budget document needs to be updated and made more comprehensible. The language in the Charter dictating how the budget document should be presented (e.g., parallel columns) should be removed.
McHugh - leave Section 703 items (a) through (d) but remove last paragraph and simplify language.
Rick will draft some language based on other town Charters.
The Public Hearing will be held during the third week in April, at a time and place to be determined by the Town Council. Hearing notice will be given five days prior by publication in one general circulation newspaper, notification on the town signpost and other available, commonly utilized, methods of information disbursal.
Roberts - language should be changed from "any citizen or property" owner to "any resident".
Use language provided by Director of Finance (handwritten copy provided by interim Finance Director - see minutes of September 2, 2003 CRC Meeting).
Remove language "services of the Purchasing Agent" and change to "purchasing services of the Town."
Change purchase procedure from $10,000 to $20,000.
Healy - remove Purchasing Agent language and change to "the Town".
Remove "providing an output more creative than quantitative or" and add "creative or ".
Change contract dollars from $10,000 to $20,000 and change title of Purchasing Agent to Town Manager? Need to find title.
Change expenditure from $5,000 to $20,000.
Standish - keep Treasurer position. Should Treasurer and Town Manager sign checks over $20,000 or should the Director of Finance and Treasurer sign checks over $20,000. Board of Education should also have second signature.
LeBorious - all checks should be authorized by the Director of Finance prior to signatures.
Roberts - will inform us at a later date how to handle Board of Education signatures/ approvals.
Agenda Item #5: Miscellaneous
It was suggested that we have the Town Attorney review our language once we have completed the first review and incorporated all comments/suggestions received. Resolve all policy issues prior to having attorney finalize language.
Reminder to have a second Public Hearing after the Attorney has reviewed our changes but prior to submission to the Town Council.
Agenda Item #6: Adjournment
Vice Chair Healy motioned to adjourn. Commission Member Camilliere seconded. The motion was passed unanimously. The meeting adjourned at 9:25.
Respectfully submitted,
Dorcas McHugh
Secretary
Approved as submitted December 16, 2003