The Wethersfield Charter Revision Commission held a meeting on December 16, 2003, in the Town Manager's Conference Room at the Town Hall. The meeting began at 7:10 p.m.
Agenda Item #1: Roll Call
The following individual(s) were present:
| Chairperson | Geraldine Munroe |
|---|---|
| Commission Member(s) | David Herold, Dorcas McHugh and Leigh Standish |
| Intern | Rick LeBorious |
| Recording Secretary | Chantel Teti |
The following individual(s) were absent:
| Vice Chair | Christopher Healy |
|---|---|
| Commission Member(s) | Daniel Camilliere and Gerri Roberts |
Agenda Item #2: Adoption of the December 3, 2003 Charter Revision Commission Meeting Minutes
Commission Member Standish motioned to adopt the minutes from the December 3, 2003 Charter Revision Commission Meeting. Commission Member Herold seconded. The motion to adopt the minutes as submitted passed unanimously.
Agenda Item #3: General Comments from the Public
Chairperson Munroe recognized the comments Ed Kardas prepared and distributed prior to the meeting. Ed's comments are included below.
To: CHARTER REVISION COMMISSIONIncluded herein are some initial detailed observations and proposals related to Chapters VI and VII of the current Charter as well as some supplemental observations and proposals related to earlier input on Sections in both Chapters III and IV of the Charter.
- - Edward Kardas/12-14-2003
Note: Generally, underlined words represent proposed additions while strikethrough words represent proposed deletions. Additionally, the observations of this proposal are supported by a combination of Why, Note and Introductory Observation entries intended to convey background, supplemental proposals, reasons, etc.
Introductory Observation on Chapter VI, Administrative Departments
Note: The observations that follow do not directly address reorganization of the Chapter.
- This Chapter identifies six administrative departments and a remarkable amount of administrative detail on the responsibilities of directors and operational structures.
- The Chapter does not, however, identify the administrative departments of the School System and does not identify the administrative responsibilities of school principles and their operational structure.
- This different suggests that provisions equivalent to the Town System should be provide for the School System.
- If the Town and School Systems were both provided the current level of provisional detail of the Town System, both would be shackled for at least a 10-year time frame to such, while in the cultural, economic, and demographic environments might have undergone dramatic changes in the interim, necessitating establishment of a new Charter Revision Commission to propose alteration(s) to the impacted section(s) of the Charter.
- While such an "uprooting dilemma" might be consider remote, it is proposed that a reorganization of the Chapter be contemplated, consisting of the following: (a) locate the detail structures and functions of the identified administrative personnel to a Town ordinance(s) and (b) substitute some general provisions in the Charter that would be applicable to all departments and the charge of specific departments, as appropriate.
- An example of the content and wording that could be applied to the Charter may be found in the model city charter developed by the National Civic League. Using this model should help simplify the content of the Charter while providing the flexibility identified by Members of the Commission at one of its earlier meetings and, if correctly recalled, desired.
- Obviously, those provisions addressing appointed positions could receive coverage in both the Charter and an ordinance, as considered appropriate.
Chapter VI Administrative Departments
601. Proposed revision: 601 Department of Finance and Treasury. There shall be a single Department of Finance and Treasury for the Town and School Systems, consisting of the Director of Finance and Treasury--hereafter referred to as the "Director," the Tax Collector, the Assessor and such other employees as the Council may determine that there is a need. In addition to other duties described below, the Director of Finance shall also have the powers of a Deputy Town Treasurer. It As related to financial functions, it shall be the duty of the Director of Finance to install, maintain and operate for the town a modern municipal accounting system showing the current condition of all funds and appropriations; to file with the Manager and Council or Assistant Manager and Board of Education, monthly, on or before such day as the Council or Board of Education shall determine a report of the financial transactions and ending results of for the preceding month,; showing the amount of each appropriation, the charges against and credits to the same, to the beginning of the preceding month; the charges and credits of the preceding month and the unencumbered balance of each line item therein at the end of such month; to prepare. Prepare and file, with the Manager and Council or Assistant Manager and Board of Education, within one hundred twenty (120) days of the conclusion of each fiscal year, a report covering all financial transactions of the town for such fiscal year; to prescribe in the form of accounts to be kept by each department, office, board, commission and agency of the town, except the Board of Education, and the times at which and manner in which moneys collected on the town's account, by any such department, officer, board, commission or agency shall be paid into the town treasury, and to perform such other duties as may be prescribed by the Council or Board of Education, by ordinance, or by the orders of the Manager or Assistant Manager, consistent therewith (see Section 716). The Assessor and Tax Collector, respectively, shall have all the powers and duties conferred on Assessors and Boards of Assessors and on Tax Collectors by the General Statutes of the State of Connecticut and such other duties as may be assigned them, by ordinance, or the directions of the Director of Finance.
As related to the functions of the Treasury, it shall be the duty of the Director to (a) receive and safely keep all moneys belonging to the town by depositing the same in a bank or banks to be selected by the Director, with the approval of the Council; (b) who 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; ( c) 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 (d) shall keep such accounts as shall be prescribed by the General Statutes of the State of Connecticut or ordinance or by the orders of the Director and approved by the Manager. (d) No money shall be drawn from any town account, except by check countersigned by the Manager or Assistant Manager, or by wire transfer authorized by the Director, and none of them shall affix a signature to any such check unless satisfied that the expenditure represented thereby has been legally incurred. As the need arises, the Manager or Assistant Manager is authorized to countersign checks.
Why:
- Same as the "Why" tabulation regarding the deletion earlier of Section 502, Town Treasurer.
- And, to provide a full title representative of the functions of finance and treasury.
- As to the "Department of Finance and Treasury applying to both the Town and School Systems," it is recognized that some routines of the Systems--Town and School--are fundamentally common and that financial accounting software is available for use.
- It is also recognized that where there is a need, personnel working on financial transactions need not all be located in a common facility.
602. Proposed revision: 602. Departments of Safety of Police and Fire. There shall be a Department of Safety, which shall consisting of the Divisions of Police Department and Fire Department to ensure the safety of the inhabitant of the Town. These head of the Departments of Safety shall be the Director of Safety, who, until the Council determines otherwise, shall be report to the Manager. The Director of Safety Manager shall be the traffic authority, as defined in the General Statutes of the State of Connecticut.
(a) Division of Police Department. There shall be a Division of The Police Department, consisting of the shall have a Chief of Police, and such other officers and employees of such ranks and grades as the Council may determine. The Division of Police Department shall be responsible for the preservation of the public peace; prevention of crime; apprehension of criminals; regulation of traffic; protection of rights of persons and property; and enforcement of the laws of the state State of Connecticut, and the ordinances of the town and all rules (see Section 604 on use of parks, public grounds and recreation facilities) and regulations made in accordance therewith. All members of the Division Department shall have the same powers and duties, with respect to the service of criminal process and enforcement of criminal laws, as are vested in police officers by General Statutes of the State of Connecticut. The duties of the dog warden, as provided in the General Statutes, shall be assumed by the Division of Police Department.The Chief of Police shall be the executive officer of the Division of Police Department and shall either manage or assign management of all members of the Division Department to their respective posts, shifts, details and duties, shall be responsible for: the care and custody of all property used by the Division Department, and for the efficiency, discipline and good conduct of its members. and The Chief shall make develop and maintain rules and for the operational procedures of the Division for the Department and on the conduct of police work, subject to the approval of the Director of Safety and upon approval of the Council, documented in an ordinance. The violation of these rules by any member of the Division Department shall be punishable by appropriate disciplinary action, which may include loss of pay, suspension from duty and removal, provided that no member of the Division Department shall be suspended by the Chief for more than ten (10) days, without the approval of the Director of Safety Manager, and no suspension for more than thirty (30) days or removal shall be made, except in accordance with the provisions of Chapter VIII of this Charter.
(b) Division of Fire Department. It is the intent of this Charter that fire Fire protection shall continue to be provided by the volunteer fire companies, unless the Council determines that the level of volunteer support for the Fire Department jeopardizes the safety of Town inhabitants. . heretofore established, in the organization and conduct of which no change is contemplated. The town, however, by this Charter, reserves the right to establish or encourage the establishment of additional volunteer companies. There The Fire Department shall be have a volunteer Fire Chief with overall responsibilities and volunteer officers who shall direct the operation of the fire companies at fires; institute and conduct suitable training programs for fire fighters, in cooperation with company officers; and perform such other duties as may be prescribed, by ordinance, or the orders of the Director of Safety. Manager. There shall be a Fire Marshal, who shall have all the powers and duties of fire marshals in towns, as provided in the General Statutes of the State of Connecticut. Compensation shall be as set forth by the Salaries, Benefits and Pension Commission of Section 515 and the General Statutes of the State of Connecticut.
Why:
- Section title changed to the common names used to identify the departments being addressed, while the department titles were changed to agree with the title of the Chapter.
- The operational structure was simplified by deleting references to the Director of Safety and identifying that the departments report to the Manager, thereby simplifying the operational structure.
- As related to the Police Department, a requirement was added to establish and obtain Council approval of operational procedures to be documented in an ordinance.
- As related to the Fire Department, the explanatory contemplation on changing from a volunteer Fire Department to another form (paid) was deleted, thereby, necessitating establishment of an ad hoc committee to determine the structure, management, level of employment and funding that would be required, if and when circumstance identify a need for transformation to a paid Fire Department.
- To complete the cross-reference to the "General Statues of the State of Connecticut."
603. Proposed revision: 603. Department of Public Works. Physical Services. There shall be a Department of Public Works Physical Services, consisting of the Director of Public Works, who, until the Council determines otherwise, shall be the Manager; the Town Engineer; the Building Inspector; the Tree Warden; and such other employees as the Council may determine. These Departments shall report to the Manager. It shall be the duty of the The Department of Public Works Services to shall: (a) maintain, repair, clean and remove snow from all public streets and ways; maintain and operate storm sewers and other drains; care for and maintain all town buildings, other than those in the jurisdiction of the Board of Education; (b) prepare or supervise the preparation of plans and specifications for the construction or reconstruction of streets, sidewalks, curbs, gutters, storm sewers, drains, public buildings and other structures, but excluding school buildings, and construct or supervise the construction of the same, provided that nothing herein shall preclude the employment of engineers and architects on any such project or the appointment of citizen advisory committees on the construction of public buildings, school buildings and other structures or the use of the Department of Public Works thereon; ( c) care for parks, public grounds, including those in the jurisdiction of the Board of Education, by agreement with said Board, and grassed areas in streets, and plant and care for trees within the street line and perform all other duties of the Tree Warden; (d) enforce the provisions of the Building Code, Zoning Ordinance and ordinances imposing on owners of property obligations to construct and maintain sidewalks, curbs, gutters, storm sewers and drains; and perform such other duties as may be prescribed by the Council, by ordinance or by the orders of the Manager in accordance with the Manager's powers. The powers and duties relating to the (e)supervision of collection and disposal of garbage and refuse contracts shall be exercised by the Council. The supervision of any contract entered into for the above purpose by the Council and supervised by shall be a function of the Director of Public Works. If at any time a satisfactory contract for the collection and disposal of garbage and refuse cannot be made or, having been made, cannot be properly executed, the Council shall have power to provide for the collection and disposal of garbage and refuse by the Department of Public Works without affecting the right of the town to make charges for such collection and disposal.
Why:
- Section title changed to the common name used currently to identify the department.
- The wording simplified throughout.
- As related to the Board of Education, the BOE exception and approvals were deleted in recognition that these routines, as previously noted for other functions of the Town and School Systems associated with the deleted items, are fundamentally common and overlapping, and would produce cost reductions through handling by the Physical Services Department.
- As related to the contract for the collection and disposal of garbage and refuse, the explanatory contemplation addressing the possibility that a contract with a business in the private sector was deleted, in recognition that the Council is empowered for the "management of its [Town's] business and the preservation of the good order, peace, health and safety of the town and its inhabitants" (Ref. Section 310).
604. Proposed revision: 604. Department of Recreation and Parks. There shall be a Department of Recreation and Parks, consisting of a Director of Recreation and Parks, and such other employees as the Council may determine. The Department shall report to the Town Manager. The Department of Recreation and Parks shall: have charge of manage all parks, park and recreation properties and of all recreation activities of the town, except such as may be undertaken by where management is the responsibility of the Board of Education, provided except that the ordinary everyday care and regular maintenance of park grounds and buildings shall be furnished by the Department of Public Works Services, as provided in Section 603. The Director of Recreation and Parks, with the approval of the Advisory Recreation and Parks Board (see Section 510), shall make rules for the use of parks, public grounds and recreation facilities consistent with the ordinances of the town and the General statutes Statutes of the state State of Connecticut, which shall have the force of law. It shall be the duty of the Police Division to enforce these rules, 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, The Manager may assign a special police rules enforcement officer with the same powers as a member of the Police Division Department but only for the purpose of to protecting public property and preserving order within the parks and public grounds under the jurisdiction of the Department of Recreation and Park.
Why:
- Reference to Manager added to provide consistency of management for departments in the Town System of governance.
- The management wording was adjusted: (a) to identify area of responsibility; (b) to delete the need of obtain approval from an Advisory Board (see corresponding deletion of Section 510 and explanatory "Why" for the deletion; it may be desirable to elevate the status of the deleted Board to a level of "empowerment."); (c) to locate park responsibility of Police Department to Section 603; and (d) to identify the Manager as the responsible person for assigning special enforcement officers.
605. Introductory Observation on Section 605:
- This section needs to be upgraded (only minor proposals have been made here) to provide coverage consistent with the Department's responsibilities now shared with the towns of Rocky Hill and Berlin.
- Additionally, consideration should be given to whether the "Wethersfield Volunteer Ambulance Association" that receives a level of funding from the Town, should be address in Section 605 or elsewhere in the Charter (say, under a provision identified to volunteer services).
605. Additional adjustments beyond those shown need to be determine (as well as corrects to those shown): 605. Department of Health. There shall be a Department of Health, consisting of a Director of Health, possessing the qualifications required by law for directors of health, who shall have all the powers and duties of directors of health, as provided in the General Statutes of the State of Connecticut, and such employees as the Council may determine by ordinance. The Department shall report to the Manager.
606. Introductory Observation on Section 606:
- The provisions of this department appear to be exceptionally broad and inclusive.
- Consideration should be given to a greater level of specificity (e.g., whether any General Statutes of the State of Connecticut apply).
606. Adjustments need to be determined: 606. Department of Human Services. There shall be a Department of Human Services, consisting of a Director and such other employees as the Council may determine. The administration of all forms of human service activities shall be under the immediate direction of the Director, who shall have all the powers and duties relating to the well-being of all residents or persons conferred or imposed by law. The Department shall report to the Manager
607. Introductory Observation on Section 607:
- As proposed earlier, coverage of Board of Education responsibilities, School Administration departments (e.g., School facilities and principals, etc.) should be covered in a manner similar to that provided for the Town System of governance.
- Also, to correlated with the proposed additions of Section 401A, 403A, etc., a position of Assistant Manager would be established (See Introductory observation re Chapter VII, Financial Provisions, and revisions to Chapter IV proposing establishment of an Assistant Manager, below.)
607. Adjustments, if any, need to be determined: 607. Other Departments, Divisions, Offices and Agencies. There shall be such other departments, divisions, offices and agencies organized in such a manner as the Council or Board of Education, respectively, shall determine by ordinance.
Chapter VII Financial Provisions
Note on Chapters III, IV and VII: From "this point" to the "close" of this transmission, proposals related to earlier observations of Chapters III, Council, and IV, Manager, are modified the initial transmission of proposals for Chapter VII, Financial Provisions, are addressed. Additionally, the immediate following "Introductory Observations" apply to the proposed revisions of Chapters III, IV and VII, below, as well as those observations previously transmitted.
Introductory Observations:
- In the quoted items below, the phrases in italics are those of Eugen Loebl, a professor of economics and political science," as well as the words "macroorgan & lucroactivity."
- Additionally, with a mental expansion of Mr. Loebl's phrase the "interest of the nation" to the "interest of the nation, State of Connecticut and Town of Wethersfield," a fuller comprehension of the economic and demographic environment impacting us locally, regionally, nationally and globally--is likely to be gained and a "modernized-21st Century " Chapter VII and Charter produced to help withstand the test of time.
Mr. Loebl's analysis of a modern economy arrives at the following quoted tabulation of conclusions:
- The production of any product is the result of the working effort of practically all the professions in a nation. In this sense, it should be seen a product of the nation.
- Any owner of a business enterprise, apart from making use of his [or her]capital investment, uses part of the nation's material and cultural wealth. This kind of "joint tenancy" requires a macroorgan to be responsible for guaranteeing that the "capital" of the nation is treated in the interest of the nation.
- Production based on applied science has the faculty of lucroactivity; i.e., of radiating "gain" that is inherently social. This necessitates a macroorgan whose duty it is to care for this potential wealth of the nation and to optimize the effect of the lucroactivity.
- The economy is a system of thinking human beings, an organically integrated system, possessing in its dynamism the orientation of the system itself. The present orientation is essentially geared toward the interest of the business enterprise. To orient the economy toward the interest of the nationin economic terms, the consumers there must be a macroorgan to formulate the interests of the nation into a concrete goal and to implement measures that would gear the economy toward this goal.
- The nation, being both the producer and the consumer, the owner of joint tenancy and of the social "gain," must have the right to approve such goals and the means of their evaluation.
Mr. Loebl then observes, "Thus, the right of the nation to control its economy which is the content of the concept of economic democracy is not only a political imperative, but is the rational conclusion to draw from the analysis of a mature economy."
And further comments, "We can envision, then, a whole being initiated by starting toward goals, no matter how limited they may be, and by government's assuming the responsibility for bring about changes in the system necessary to gear the system toward these goals. Economic goals in programs may become controversial because they will affect various interests within nations. It is for this particular reason that economic programs could, and should, become election issues. In the course of this process, we can also expect that real economic democracy would evolve."
Chapter III Council
316. The earlier proposed revision to Section 316, Goal Commission, of Chapter III, Council, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version:: Section 316 Goals Commission. The Goals Commission shall perform such duties and have such powers required to establishing a Composite 10-Year Plan of Goals for the Town, that includes criteria for establishing proposed budgets 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 shorter answer is to provide a set of criteria evolve by the proposed Goals Commission for application in preparing a proposed budget; and, the longer answer:
- To provide the Electors - the body politic - with a set of criteria that may be used to verify proposals as related to "governmental affairs of the Town and School Systems."
- To remove the budget process from the political area by providing verifiable formulas, thereby, reducing the probability that Citizens of the Community would initiate a petition to have a budget referendum.
- For example: Detailed criteria prepared by the Goals Commission based upon the following preliminary macro-set of measurable guideline factors. These macro-set of factors would be provided to the Manager and Assistant Manager (who, then, would have responsible service personnel submit micro-detailed budgetary information on their function) and would be suitably formatted as the budget proposal for the Town and presented to the Council and BOE, respectively. The following is submitted to the Charter Revision Commission for consideration of and application by the proposed Goals Commission:
- Identify applicable National and State fiscal forecasting criteria and criteria based on the latest survey of the Community on provided services.
- Identify evaluation criteria relating to current ordinances and their correlating impact on revenue and expenditures for consistency with Community survey response.
- Identify capital asset improvement criteria relating to needs, strategies and priorities.
- Identify budgetary process adjustment and reform criteria, including short, medium and long term plans, relating to process improvements that resulted in cost reductions through procurement of upgraded technology and use of personnel.
- Identify budgetary dollars not expended and their application to the next budget of the next fiscal year.
- Identify monetary awards criteria to personnel whose "ideas" produced budgetary cost reductions.
- Identify Federal and State funding as well as grant criteria relating to "external" revenue sources.
- Identify grand list taxation criteria and "user" fees criteria for services provided by Town and School Systems.
Chapter IV Manager
Chapter IV Proposal revision: Chapter IV, Manager Management
Why:
- To correlate with the proposal to make the position of Superintendent of School a segment of Town Government, with the title of "Assistant Town Manager" and responsible for the operation of the School System.
401. The earlier proposed revision to Section 401, Qualifications,appointment and tenure, of Charter IV, Manager, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version: Section 401 Qualifications, appointment and tenure of Town Manager. 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 and shall be the temporary superintendent of the School System. 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.
401A. This proposed addition is new to Chapter IV, Manager: Section 401A Qualifications, Appointment and Tenure of Assistant Town Manager. An Assistant Town Manager, hereinafter referred to as the "Assistant Manager," shall be appointed by the Board of Education and shall receive the approval of the Council, on the basis of knowledge and experience in school administration and finance as set forth in the rules of procedure of Section 305, and shall have the powers and duties associated with the General Statutes of the State of Connecticut connected to the K-12 primary, elementary and secondary system of education. The Assistant Manager shall serve for an indefinite term and be subject to removal by the Board of Education in the manner provided in Chapter III. At the time of appointment, the Assistant Manager need not be a resident of the town or the state but during tenure of office shall reside in the town. The Assistant Manager shall tenure primarily to the office of Manager of Education and secondarily to Assistant Manager to Town Government.
Why:
- In recognition that the Goals of the Town have a common basis.
- In recognition that many service functions are common to the Town and the School Systems, with an on-going effort to combine functions.
- In recognition that the managerial responsibilities associated with the Town and School Systems are fundamentally common.
- In recognition that as "emergency" conditions arise, an immediate backup is available.
- In recognition that an operational improvement will be produced and that a cost reduction will result.
402. The earlier proposed revision to Section 402, Compensation, of Chapter IV, Manager, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version: Section 402 Compensation. The Manager and the Assistant 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 revision to Section 401 and the addition of Section of 401A.
403. The earlier proposed revision to Section 403, Duties, of Chapter IV, Manager, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version: Section 403 Duties of the Manager. 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 second Council meeting in January, the Manager shall disclose the terms of all union contracts, consulting contracts and personal 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 revision to Section 401 and the addition of Section of 401A.
403A. This proposed addition is new to Chapter IV, Manager: Section 403 Duties of the Assistant Manager. It shall be the duty of the Assistant Manager to attend all meetings of the Board of Education, with the right to speak but not to vote; to keep the Board fully informed concerning the financial condition of the School System and concerning all other matters affecting the education provided by the School System; to prepare and submit, in the manner provided in this Charter, the annual budget of the School System to prepare, in form suitable for publication, after the close of each fiscal year, a report of the financial transactions and accomplishments of the School System 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 Board of Education. At the first Board meeting in January, the Assistant Manager shall disclose the terms of all union contracts, consulting contracts and personal employment contracts in effect as well as the transitional status of contracts in adherence to Chapter V, Officers and Board, section on School System Employee Salaries, Benefits and Pensions.
Why: To correlate with the proposed revision to Section 401 and the addition of Section of 401A.
404. The earlier proposed revision to Section 404, Powers, of Chapter IV, Manager, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version: Section 404 Powers of Manager. 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, the Assistant Manager, 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: To correlate with the proposed revision to Section 401 and the addition of Section of 401A.
404A. This proposed addition is new to Chapter IV, Manager: Section 404A Powers of Assistant Manager. Subject to responsibility to the Board of Education, the Assistant Manager shall have management responsibilities and control of all School System departments and schools of the town, and shall provide assistance to the Manager in the operation of the Town. The Assistant Manager shall appoint and may remove, subject to the provisions of Chapter VIII, employees of the School System and shall have the power to transfer and reassign offices, functions and responsibilities among the various departments, principles and teachers, in the interests of producing an effective and efficient administration of services to the School System.
Why: To correlate with the proposed revision to Section 401 and the addition of Section of 401A.
405. The earlier proposed revision to Section 405, Acting Manager, of Chapter IV, Manager, is further revised by the added words in italics (or strikethroughs in italics); the underlining and strikethroughs here are of those of the earlier version: Section 405 Acting Manager and Assistant Manager: In the absences of theThe Manager, the Superintendent of Schools Assistant Manager shall assume temporary management of the Town; in the absences of both the Manager and Superintendent,Assistant Manager, the Chief of Police shall assume temporary management of the Town; and individual principles shall assume management of their individual school facility, 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 System or School System, or both, and subject to the approval of Council and the Board of Education, respectively, 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 and Assistant Manager to serve. In the event of a vacancy in the office of Manager or Assistance Manager, from whatever cause arising, the Council or Board of Education shall have power to designate a person, other than a member of the Council or Board, to act as a temporary Manager or Assistant Manager, pending the filling of such vacancy.
Why: To correlate with the proposed revision to Section 401 and the addition of Section of 401A.
Chapter VII Financial Provisions
701. No observations at this time. 701. Fiscal Year. The fiscal year of the town shall begin the first day of July and end one the 30th day of June.
701A. Proposed Addition. 701A. Schedule of Budget Estimates, Public Hearing and Approval for Each Fiscal Year.
- The Goals Commission shall identify and review its Composite 10-Year Plan of Goals for the Town with the Town Council and Board of Education.
- The principal of each School facility shall submit a proposed budget to the Assistant Manager for Education by the second Monday in February.
- The directors of each Town Service shall submit a proposed budget to the Manager by the second Monday in February.
- The Chief Librarian shall submit a proposed budget to the Library Board by the Second Monday in February.
- The Assistant Manager for Education shall submit a School System proposed budget to the Board of Education by the first Monday in March.
- The Board of Education shall submit an approved School System proposed budget to the Assistant Manager for transmittal to the Manager by the second Monday in March.
- The Library Board shall submit an approved Library proposed budget to the Manager by the second Monday in March.
- The Manager shall submit combined Town and School Systems proposed budget to the Town Council by the first Monday in April, and made simultaneously available to the Public.
- The Town Council shall have a public hearing at 7PM on the second Monday in April at a location that will be identified via suitable means of communication.
- The Town Council shall adopt or subject a budget to referendum by May 15th
Why:
- To provide a separate Charter schedule for the timely formulation, review and adoption of Town budgets
- To provide for the timely formulation of proposed budgets by responsible personnel in the Town System and School System.
- To permit both resident taxpayers and non-resident taxpayers sufficient time to review and evaluated the proposed Town Budgets before the Public Hearings.
702. Proposed revisions: 702. Department estimates. Town Service and School Facility Estimated Budgets. Directors of Town and Library Services and School Principals and Operations. Not later than the first day of March, As set forth in Section 701A, each department, office, board, commission and agency of the town, excepting the Board of Education, the responsible person shall submit to the Manager, Assistant Manager and Chief Librarian, respectively, in such form as the Manager may prescribe, its estimates of receipts and expenditures for the ensuing fiscal year. the following:
- Status of goals, objectives and their expenditures for the current fiscal years, correlating with each service provided.
- Anticipated capital expenditure(s) and financing derived from the approved Composite 10-Year Plan of Goals for the Town prepared by the Goals Commission.
- Status of process improvements that produced operational cost reductions in the current fiscal year and correlating dollar incentive awards.
- Status of income and loss of services in the current fiscal year.
- Identification of current fiscal year service expenditures and forthcoming fiscal year service expenditures based on Items (a) to (d), above.
Each such department, office, board, commission and agency responsible person reporting on the above shall be entitled to an opportunity to be heard by the Manager, Assistant Manager or Chief Librarian, in respect of these estimates.
Why:
- To correlate with the proposed revision to Section 701A.
703. Proposed revision: 703. Annual Town Budget. Based on the input from responsible persons of Section 702, It shall be the duty of the Manager to shall present to the Council, not later than the second Monday in April in each year, in accordance with the schedule of Section 701A, the proposed budget for the ensuing fiscal year. The budget shall contain:
- An estimate of the probable cash deficit or unencumbered cash surplus, as the case may be, at the end of the current fiscal year;
- Estimates of the revenue cash receipts of the ensuing year; other than from property taxes;
- Estimates of expenditures for the ensuing fiscal year; and
- An estimate of the sum necessary to be raised by taxation to balance the budget, taking into consideration the surplus or deficit for the current fiscal year, as provided in (a) above.
The estimates of receipts shall be detailed by sources and the estimates of expenditures by departmentsfor service provides in both the Town and School Systems; for example: the principal subdivisions thereof, offices, boards, commissions and agencies of the town, and shall show, for each such unit, the estimated expenditures, broken down as well as by personal service, contractual service, materials and supplies, fixed charges and capital outlays. The proposed budget shall also contain, in parallel columns, the receipts the Manager, in respect of the several departments, offices, boards, commissions and agencies; and the recommendations of the Manager, together with such other data as the Council may prescribe. be formatted in a manner allowing for an easy of comparison and comprehension of the various elements. The proposed budget shall be printed or otherwise reproduced in a sufficient number of copies to furnish one (1) to each citizen or limited quantities to requesting local organizations who shall request the same and shall be available for such distribution not later than the third Monday in April. consistent with the schedule of Section 701A.
Why:
- To correlate with the proposed revision to Section 701A.
- Reduce the number of descriptions and avoids failing to identify an entity specifically requested by the Council or BOE; a given subdivision could be added in a given fiscal year at anytime if the need arises.
- As to making reproductions available, "limited quantities to requesting local organizations" added to avoid necessitating a personal visit by each person in an identifiable local organization.
704. Proposed revision: 704. School System Proposed Budget. The school budget shall contain a detailed estimates of expenditures deemed by the Board of Education to be necessary for the proper conduct of the public schools, the anticipated receipts from sources other than the property tax and the amount required to be raised by taxation to balance the school budget as identified in Section 702 and the schedule of Section 701A. The budget shall also show, in parallel columns, an item by item comparison of the proposed budget with actual receipts and expenditures for the last completed fiscal year and the estimated receipts and expenditures for the current fiscal year. The Council shall fix a time during the week following March 15 at which meet withthe Board of Education, or a committee thereof, shall bring before the Council, for discussion, its proposed budget for the ensuing fiscal year. Not later than March 15, the Board of Education shall file its proposed budget for the ensuing year with the Town Clerk, and the Board of Education shall cause the same to be printed or otherwise reproduced so as to be available for distribution with the Manager's town budget, not later than the third Monday in April. In acting upon the school budget, the Council shall have authority only to determine the total amount to be appropriated, and the Board of Education shall have authority to expend the total sum appropriated to it, in its discretion.
Why:
- To correlate with the proposed revision to Sections 701A to 703 of the foregoing.
705. Proposed revision. 705. Budget hearing. Public Hearing on Proposed Budget. There shall be a public hearing on the proposed budget at 7:00 p.m. on the fourth Monday in April, consistent with the schedule of Section 701A, at a place location to be determined by the Council, at least five (5) days' notice of which shall be given by via a publication(s) that is likely to maximum zing the probability of the announcement being seen by the property owners and also by other available means of communications within the town in at least two (2) newspapers which have a general circulation in the town and as well as by posting on the town signpost. At such hearing, any citizen or property owner who desires it shall be entitled to be heard by the Council on the composite town and school proposed budgets, and the hearing shall be recessed from day to day until all such persons have been heard.
Why:
- To correlate with the proposed revision to Sections 701A
- To expand upon the means of providing visibility to an announcement of the Public Hearing.
- To identify that the Public Hearing pertains to a "proposed budget" that may be revised as a result of the Public Hearing.
706. Proposed revision: 706. Council Action on Budget. After the completion of the hearing and, in any event, by the 15th day in May consistent with schedule of Section 701A, the Council shall complete its consideration of the town budget and adopt the same, with such modifications or amendments as it may deem necessary, provided it does not exceed an increase or decrease of more than that identified by the Composite 10-Year Plan of Goals for the Town. and shall also determine the total appropriation for school purposes for the ensuing year, provided that the The Council shall, in any event, fix the amount to be raised by taxes for town and school purposes combined, so as to preserve a balanced relation between receipts and expenditures, including any surplus or deficit from the current fiscal year. The Council shall thereupon fix the rate of taxation on property at a point sufficient, in its judgment, to produce such amount. in accordance with the provisions of Section 706A,
Why:
- To correlate with the proposed revision to Sections 701A and 706A.
- To provide cross-reference to the requirements of the proposed Composite 10-Year Plan of Goals approved by the Electorate.
- Alternatively, the reference to "in accordance with the provisions of Section 706A" could be revised to reference 706A for a basic tax statement and an ordinance for applicable details.
706A. Proposed addition: 706A Property and Surcharge Taxes. Local revenue required to fund the services of the Town and School Systems shall be obtained based upon the ownership of private property or when approved by the Town Council or the Board of Education from a surcharge for a service(s) not currently provided by the Town, or both. The rate of taxation and the criteria for obtaining a special surcharge service shall be based upon the following:
- Private property owners shall be fully taxed to fund provided services except those of Item (b), below.
- A surcharge tax to fully fund supplement services shall be obtained by petition in accordance with the following:
- Citizens may petition either the Town Council or Board of Education to obtain a service not currently provided by the Town via Item (a), above.
- The initial petition shall contain twenty percent (20%) of the signatures of citizens on a list of names of those citizen who would be impacted and shall present the details of the desired supplement service and list of impacted citizens to either the Town Manager or Assistant Manager, as applicable, for ascertainment of an estimate total cost for implementation and maintenance of the identified supplemental service and verification of list of those who would be impacted.
- Once the total estimated cost of the supplemental service and citizenry is known, the petitioning citizens may circulate a petition to obtain the signatures of those who support the petition. Signatures of ninety percent (85%) of those citizens impacted by the petition shall constitute approval. These signatures shall be obtained by means of a petition form prepared in accordance with applicable General Statutes of the State of Connecticut. Petition signatures may be obtained using the U.S. Postal System. The specification for the supplemental service and costs shall be communicated to those citizens that will be impacted by the surcharge tax.
- Upon receipt of the petition, the Town Clerk shall validate the signatures on the petition. The validation process shall include a random sampling to certify that the signature appearing on the petition is that of the citizen named.
- Upon certification by the Town Clerk that the required percentages of petition signatures on the approved list has been obtained, the petitioning citizens may then present its petition for approval of the supplemental service to either the Town Council or Board of Education, as applicable.
- Upon approval by the Town Council or Board of Education, as applicable, the service shall be implemented in the next fiscal year.
- The approved supplemental service and its surcharge tax shall apply for only one fiscal year. Extension of the supplement service may be obtained provided all the criteria of this provision are met once again by petitioning citizens.
- Should the supplemental service be repetitive and if it is determined by a professional scientific random sampling survey, that sixty-seven percent (67%) of the taxpayers support the supplement service, the petitioning citizens may request establishment of an ordinance to include funding for the supplement service in the taxpayer base of Item (a), above.
Why:
- To provide a "process" for obtaining a specific service not currently funded by either the Town or School Systems.
- To provide a "process" to obtains funds for a specific service without subjecting all private property owners to the funding cost.
Supplemental Notes:
- Census 2000 summary of selected economic characteristic shows that the household financial status of 11,210 households in Wethersfield is as follows: Less than $10,000 = 5.8%; $10,000 to $14,999 = 5.5%; $15,000 to $24,999 = 8.9%; $25,000 to $34,999 = 10.2%; $35,000 to $49,999 = 15.3%; $50,000 to $74,999 = 22.2 %; $75,000 to $99,999 = 13.9%; $100,000 to $149,999 = 12.3%; $150,000 to $199,999 = 2.9%; $200,000 or more = 2.9%; with a median household income in dollars of $53,289.
- Town Calendar for 2003 shows: Population = 26,271; Town employees: Regular = 159; part time = 6; and seasonal = 197; Police Protection: officers = 45; Civilians = 13; and School crossing guard posts = 19; Education 2001-2002: Teachers at high School = 74.6; at middle school = 38.6; and at elementary schools = 113; As well as special services: Educational services = 50.0; Administration & Supervisory = 20; and other employees = 119.
- Strategic School Profile for 2001-2002 shows: Public School enrollment as a percentage of Town population = 13.4%; Public School enrollment as a percentage of total student population = 87.7%; Adult Education enrollment in 2000-2001 = 111; Number of Public Schools = 7; and the number Nonpublic Schools = 2.
- By stepping outside the "local governmental box" on private property taxation, a surcharge tax provision recognizes that: "If a group of citizens want a specific service and if the group of citizens are willing to pay for that specific service, then, the group of citizens can obtain the specific service through the Town."
- In the past 10-years the School System has received a budget increase every year; whereas, the Town System has not received similar increases.
- Overall today, about 57% of our tax dollars are apply to Schools and 43% to the services of the Town. This tax funding is becoming increasingly lopsided.
- Establishment of a surcharge tax system should help to control this disparity.
- Today, the Adult Education Program requires private property owners to pay an additional "fee" to help fund the cost of the adult educational service used.
- Today, those private property owner parents who choose to send their youngster to other than our Schools, are required to pay the full private property tax, plus the tuition of the other school regardless of financial affluence.
- Today, senior citizens who participate in a senior program at the Community Center are required to pay the full private property tax and a "membership fee."
- On the other hand for example, if the parents of an elementary school students have a desire for some special program for their youngsters and are willing to fund the supplemental service by a surcharge tax, this proposal provides a process for obtaining approval from the Board of Education without impacting all private property owners. Obviously, as related to the School System, a surcharge tax could be petitioned for a supplemental service applying from grades K to 12; for example a foreign language(s) program.
707. Proposed revision: 707. Effect of Adoption of Town Budget. The adoption of the town budget, as amended, shall be deemed to constitute the total operational appropriation of each department of the Town and School Systems or, when so indicated in the budget, a major subdivision thereof, office, board, commission and agency separately listed in the budget. , of the sum estimated in the budget to be expended by each such unit, respectively.
Why:
- To address the Town and School Systems as one budgetary entity of the Town and the composite concern of private property taxpayers.
- To simplify the presentation while recognizing that the adopted budget identifies the approved maximum budget for the department and that deficit spending is not permitted by the General Statutes of the State of Connecticut to municipalities, except for referendum approval of bonding.
708. Proposed revision: 708. Effect of Appropriation. No money shall be expended or obligation for such expenditure incurred by any department, office, board, commission or agency of the town, except in accordance with an appropriation by the Town Council or Board of Education, respectively. No contract, work order, purchase order or other authorization to spend money by any department, office, board, commission or agency, except the Board of Education, shall be valid until there has been attached thereto the certificated of by the Director of Finance and Treasury that there is an unexpended and unencumbered balance of an appropriation applicable thereto, sufficient to meet the estimated cost thereof. , provided that the Board of Education shall set up its own system of budgetary control. It shall further be the duty of the Director of Finance and Treasury, after signing such certificate, to immediately encumber the appropriation. in question with such estimated cost.
Why:
- To address the Town and the School Systems as one budgetary entity of the Town and the composite concern of private property taxpayers.
- To recognize the proposed title "Director of Finance and Treasury" as well as the proposed deletion of Section 502, Town Treasurer (Ref. "Why" of Section 502).
- While recognizing that all appropriations may be considered estimates until there is an actual transfer of dollars from the Town Treasury, the "encumber appropriations" funding would become a concern where the encumber dollars exceeds that of the contract, work order, purchase order or other authorization, in which case a legal problem arises and would need to be adjudicated. Such indicates that the phrase "in question with such estimated cost" may be removed.
709. Proposed revision: 709. Transfer of Appropriations. The Council, on the recommendation of the Manager or Assistant Manager, may transfer the whole or any part of the unencumbered balance of any appropriation, except the appropriation to the Board of Education, to any other purpose for which the Town Council or Board of Education, respectively, may legally by the General Statutes of the State of Connecticut appropriate money, provided that such a transfer may be made from a contingency account of unencumbered funds, at any time. or from o Other budget appropriations only in the last three (3) months of the fiscal year, or at the end of the fiscal year but in no case later than September 30, and that there shall be attached to the resolution making the transfer the certificate of the Manager that such transfer is necessary, with the reasons therefore. not expended shall be reserved for application to the proposed budget of the next fiscal year in accordance with the criteria identified by the Goal Commission (Ref Section 316), unless needed to fund an emergency in accordance with Section 310.
Why:
- To address the Town and the School Systems as one budgetary entity of the Town and the composite concern of private property taxpayers.
- To identify that the legal financial controls are those identified in the General Statutes of the State of Connecticut.
- The provision addressing "other budget appropriations" was revised: (1) to provide for comparison of "individual budgetary appropriations" to "actual individual operational expenditures" for the fiscal year; (2) to provide for a reduction to the budget of the forthcoming fiscal year; (3) to restrict expenditures to adopted budgetary appropriations established in accordance with the set of criteria identified by the proposed Goals Commission and to avoid a challenge by a Citizens-petition that would produce a budget referendum; and (4) to establish a budgetary process consistent with an acceptable level of monetary effectiveness and efficiency consistent with the quality of life desired by the Community.
710. Proposed revision: 710. Lapse of Appropriations. Unencumbered appropriations shall lapse at the end of the fiscal year for which they were made, and any balance shall be credited to the general fund, reserved for application to the proposed budget of the next fiscal year in accordance with the criteria identified by the Goal Commission (Ref Section 316), unless needed to fund an emergency in accordance with Section 310, provided that an appropriation for a capital outlay shall not lapse until the object for which the appropriation was made has been accomplished or no expenditure from or encumbrance of the appropriation has been made for three (3) consecutive fiscal years.
Why:
- The provision addressing "credited to the general fund" was revised: (1) to provide for comparison of "individual budget appropriations" to "actual individual operational expenditures" for the fiscal year; (2) to provide for a reduction to the budget of the forthcoming fiscal year; (3) to restrict expenditures to adopted budgetary appropriations establish in accordance with the set of criteria identified by the proposed Goals Commission and to avoid a challenge by a Citizens- petition that would produces a budget referendum; and (4) to establish a budgetary process consistent with an acceptable level of monetary effectiveness and efficiency consistent with the quality of life desired by the Community.
711. Proposed deletion: 711. Special appropriations. The Council, on the recommendation of the Manager or the Board of Education, may, at any time, appropriate, subject to the limitations imposed in Chapter III of the Charter, any unappropriated and unencumbered surplus in the town treasury as may exist at the end of each fiscal year, provided that there shall be attached to the resolution making such appropriation the certificate of the Director of Finance that such a balance actually exists, free from encumbrance.
Why:
- To correlate with the proposed revision to Section 709, Transfer of Appropriations, and the deletion of Section 710, Special appropriations.
712. Proposed revision: 712. Purchasing. All supplies, materials and equipment required by all departments, offices, boards, commissions and agencies of the town, hereafter referred to in this chapter as "buying units," shall be purchased by the a Purchasing Agent designated by the Manager, Assistant Manager or Library Director, respectively. . The Board of Education and the Library Board, the latter only in respect to purchases of materials peculiar to libraries, shall be exceptions to the above; however, either body may elect to use the services of the Purchasing Agent. All purchases shall be made on via a requisition describing the kind and quantity of goods or services required. , provided that it shall be the duty of the Each Purchasing Agent, prior to the annual bid, to shall be empowered to request requisitions and of all that its buying units to prepare and deliver to the purchasing agent such those requisitions covering their normal requirements for the year so that wholesale purchases may be made on to maximize the saving on the purchase in behalf of the town. The Purchasing Agent designated by the Manager shall be responsible for maximizing the saving for the Town. No All requisitions shall be honored unless it bears the certificate receives the certification provided for in Section 708.
Why:
- To allow for designation of three purchasing agents by units and to identify one as responsible for maximizing benefits to the Town.
- To simplify the wording while recognizing that in today economic environment, the best purchase may not be readily classified as "wholesale."
- Last sentence change from a negative to a more positive expression.
713. Propose revision: 713. Purchasing Procedure. Purchases shall be made under such rules and regulations as may be established, by in accordance with the ordinance for purchasing provided that if any purchase or contract for purchasing, including a continuing order or contract for the purchase of the same commodity over a period of time, involves the expenditure of ten thousand dollars ($10,000) or more, the The Purchasing Agent designated in accordance with Section 712, shall invite sealed bids or proposals for purchases of ten thousand dollars ($10,000) or more, giving at least ten (10) days' public notice thereof, by at least one (1) publication in a newspaper which has a general circulation in the town, and the Council shall let award the purchase or contract to the lowest responsible bidder thereon or shall may reject all such bids and proposals, and invite a new series of bids or proposal, or withdrawn the purchase. All such sealed bids or proposals shall be opened publicly.
It shall not be necessary to call for sealed Sealed bids are not required for the following supplies, materials, equipment, goods, services, commodities or construction:
- That is furnished by a monopoly utility.
- That providing an output more creative than quantitative or requiring special skill and knowledge or a profession such as the following services: legal, accounting, auditing, medical, architectural, engineering, design, systems analysis, computer programming, planning, technical advice and management assistance.
- That having a single source of supply. supplies a product or service not available in the competitive market place and is required to fulfill a unique Town requirement.
- That is needed to cope with an emergency situation reported as such to the Council or declared as such by a competent authority .in accordance with Section 310.
Awards for items in (b) and (c) above shall be made by the Council if the amount of the contract exceeds ten thousand dollars ($10,000.).
No transaction essentially a unit Purchases shall not be subdivided for the purpose of evading the provisions of this section. Records of all bids, formal and informal, and of the successful bidder shall be kept in the office of the Purchasing Agent, where they shall be open to public inspection.
Why:
- To require that the criteria for making purchases are documented in an ordinance.
- Provision (b) and the related support award provision deleted as identified; today, they are normally available in the commercial business place.
- Provision (c) is revised as most products or services are normally available in the commercial market place and where not available would relate to a unique problem that has no readily identifiable alternative.
- The support award provision of (b) and (c) relating to purchases of $10,000 or more, is addressed in the introductory portion of Section 713.
- Reference to "formal or informal" deleted as purchases requiring application of the bid process are official and therefore are always formal; an informal bid acceptance or rejection could raise ethical questions and lawsuits.
714. Proposed revisions: 714. Contracts for Public Works Services. Contracts for the construction of streets, sewers, buildings and other public works shall be made under such rules and regulations as may be established, by in accordance with the ordinance for public works. , provided that if any such c Contracts that involves the expenditures of five thousand dollars ($5,000.) or more, the The Purchasing Agent designated in accordance with Section 712, shall invite sealed bids or proposals for purchases of ten thousand dollars ($10,000) or more shall invite sealed bids or proposals, giving at least ten (10) days' public notice thereof by at least one (1) publication in a newspaper which has a general circulation in the town, and the Town Council shall let award the purchase or contract to the lowest responsible bidder thereon or shall may reject all such bids and proposals, and invite a new series of bids or proposal, or withdrawn the purchase. All such sealed bids or proposals shall be opened publicly. No transaction essentially a unit Contracts shall not be subdivided for the purpose of evading the provision of this section. Records of all bids and of the successful bidder shall be kept in the office of the Purchasing Agent, where they shall be open to public inspection.
Why:
- To provide a common dollar unit requiring use of seal bids and proposals.
- To provide wording common to Section 713 in this provision.
715. Proposed revision: 715. Payment of Claims. No payroll, bill or other claim against the town, except those of the Board of Education, shall be paid until the same has been audited for correctness and legality by the Director of Finance and Treasury, and all payments shall be made by check, or wire transfer, drawn on a town bank account, signed by the Manager or Assistant Manager or authorized payment by a wire of the Director of Finance and Treasury. countersigned by the Town Treasurer, as provided in Section 502 of this Charter. All payrolls, bills or other claims against the Board of Education shall be audited as such Board may provide, and payments shall be made by check signed by the Chairperson or the Secretary of the Board of Education and countersigned by the Town Treasurer. To avoid unnecessary delay in the transaction of town business, the Manager or Assistant Manager shall designate a Deputy of the Director of Finance, and the Council shall appoint a Deputy of the Treasurer, each of whom, in lieu of the principal Director of Finance and Treasury, may sign certificates, payrolls, bills, claims and checks.
Why:
- To reflect proposed revisions associated with combining functions common to the Town and School Systems, resulting in reduction to the Town Budget.
- To reflect deletion of Section 502, Town Treasurer.
- To reflect the proposal of Chapter IV as related to the Manager and Assistant Manager and their empowerments.
716. Proposed revision: 716. Fees Collected by Town Officers and Employees. All fees collected by officers and employees of the town and school systems in their official capacities shall be paid deposited into the town treasury, provided that this shall not apply to the fees of Constables or witness fees payable to police officers as provided by the General Statutes of the State of Connecticut.
Why:
- To recognize that officers are employees too.
- To reflect proposed revisions associated with combining functions common to Town and School Systems, resulting in reduction to the Town Budget.
- Reference is made to General Statutes of the State of Connecticut, as it is "implied" that such is the authority for the provision; such needs to be verified by identifying the applicable Statute.
717. Proposed revision: 717. Official Bonds. The Manager, Assistant Manager, Director of Finance and Treasury, Tax Collector, Treasurer, Town Accountant Principal of Schools and such other officers and employees of the town as the Council and Board of Education may determine, identify by ordinance, shall file with the Town Clerk a surety bond or surety bonds in such amounts as may be designated in such ordinance, conditioned upon the faithful performance of their respective duties. The funding of the premiums of such bonds shall be included in the Town Budget and paid by the town.
Why:
- To reflect the proposed deletion of Section 502, Town Treasurer.
- To reflect proposed revisions associated with combining functions common to Town and School Systems, resulting in reduction to the Town Budget.
- To provide visibility to the cost in the Town Budget.
718. No observation at this time: 718. Penalties for Violation of the Provisions of This Chapter. Any person who knowingly and intentionally makes or causes to be made any payment from town moneys in violation of the provisions of this chapter or who receives such a payment, shall be jointly and separately liable to the town for the full amount of such payment. Violation of any of the provisions of this chapter, by any officer or employee of the town, shall be grounds for removal.
719. Proposed revision: 719. Annual Audit. The Council shall designate, annually, an independent public accountant or firm of independent public accountants, to audit the books and accounts of the town, including the Board of Education, and school system, as provided in the General Statutes of the State of Connecticut.
Why:
- To reflect proposed revisions associated with combining functions common to Town and School Systems, resulting in reduction to the Town Budget.
- To complete the cross-reference to the "General Statues of the State of Connecticut."
Close: 12-14-2003
Agenda Item #4: Review of Wethersfield Town Charter Chapter VIII and IX
Standish incorporate language for appointments/promotions by Council, as opposed to patronage appointments, that ensures appointments/promotions are merit based. Address this along with Sections 401 and 501 to ensure consistency.
LeBorious change language from "a person familiar with personnel administration" to "qualified by education and/or experience".
McHugh at present time we do not have a Personnel Officer. If some duties have been absorbed into Town Manager role and some duties have been reassigned, do we need this section? Need Bonnie's input.
Standish change title Personnel Officer to Human Resources Manager.
Discussion of vacancy advertisement requirements. Need new language to fill vacancies. McHugh suggested the language "an open and fair process to solicit best qualified candidates". Discussion regarding having the Charter dictate the number of members on interview panel. Need to develop a scoring system for candidates that incorporates a combination of the top three candidates and passing grade.
Standish suggested the Town Attorney provide language to address the Town Manager's comments.
Need Town Attorney to provide language.
Standish - need Town Attorney to determine whether the right of appeal under statutes removes union personnel from the appeal board's review.
Do we need this section if the Charter has been previously revised to be gender neutral?
Agenda Item #5: Miscellaneous
Chairperson Munroe reminded everyone that the next meeting was scheduled for January 6, 2004 in the Town Manager's Conference Room. It was mentioned that the next Public Hearing is scheduled for April, based on the original timetable.
Agenda Item #6: Adjournment
Chairperson Munroe motioned to adjourn. Commission Member Herold seconded. The motion was passed unanimously. The meeting adjourned at 8:12.
Respectfully submitted,
Dorcas McHugh
Secretary
Approved as submitted January 6, 2004