The Wethersfield Charter Revision Commission held a meeting on January 28, 2004, in the Town Manager's Conference Room 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 |
|---|---|
| Commission Member(s) | Daniel Camilliere, Dorcas McHugh, Gerri Roberts and Leigh Standish |
| Intern | Rick LeBorious |
| Recording Secretary | Chantel Teti |
The following individual(s) were absent:
| Vice Chair | Christopher Healy |
|---|---|
| Commission Member(s) | David Herold |
Agenda Item #2: Adoption of the January 6, 2004 Charter Revision Commission Meeting Minutes
Commission Member McHugh motioned to adopt the minutes from the January 6, 2004 Charter Revision Commission Meeting. Commission Member Roberts seconded. The motion to adopt the minutes passed unanimously.
Agenda Item #3: General Comments from the Public
No comments from the Public.
Agenda Item #4: Review of Wethersfield Town Charter - Chapter III Sections 313-314, Chapter IV, and Chapter V
The following includes the original text from the 1994 Charter with any additions/deletions as voted upon by the Commission Members.
Chapter III Council
Sec 313 Removals
The Council may remove any officer or employee appointed by it, provided that such officer or employee is first served with a statement of grounds for his/her removal and given an opportunity to be heard by the Council thereon. Such hearing shall be public, if the officer or employee desires, and shall be held not less than five (5) nor more than ten (10) days after service of the grounds for removal. The decision of the Council shall be final. From the service of the statement of the grounds for the removal until final action by the Council, the officer or employee shall be ineligible to perform the duties of that office or employment but shall continue to receive salary or wages, pending such final action. No further hearing shall be required for removal if a public hearing is held at the request of such officer or employee, provided that notice of such hearing is given in accordance with Section 308 and the public, as well as the officer or employee, is given opportunity to be heard.
Intern Rick LeBorious will break up this section to separately identify employees appointed by Town Council vs. "other" positions, specifically boards and commissions. This may require the addition of a Section under this Chapter.
Rick will incorporate language similar to the Berlin Town Charter - Section 311.
Sec 314 Investigations
The Council shall have power to investigate any and all departments, offices, boards, commissions and agencies of the town. Its Chairperson or Acting Chairperson shall have the power, for the purposes of such investigation to issue subpoenas, and may request any Judge to issue on request from the Chairperson, any Judge may issue a capias for the appearance of witnesses and the production of books and papers.
Commission Member Roberts motioned to make the noted changes to Section 314.
Chapter IV Manager
Sec 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 in local government administration 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
Sec 402 Compensation
The Manager shall receive a compensation to be fixed by the Council.
Sec 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 and personal employment contracts in effect. This shall cover all contracts signed by either the Board of Education, the Town Council or the Library Board.
Sec 404 Powers
Subject to responsibility to the Council, the Manager shall supervise and control all departments and agencies of the town, except the Board of Education, 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 efficient administration, subject to the approval of the Council.
Commission Member Roberts requested Rick LeBorious to get specific examples from the Town Manager to better address her concerns. It was also suggested that the Town Attorney reword the first sentence for clarity.
Sec 405 Acting Manager
The Manager shall designate by letter maintained on file with the Town Clerk, and subject to the approval of Council, a town employees or officers who shall act as Manager, except in the matter of appointments and removals, during the Manager's temporary absence or inability to serve. In the event such absence exceeds or is reasonably expected to exceed thirty (30) days, the Manager's designee shall be subject to approval by the Town Council. 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 Manager, pending the filling of such vacancy.
Commission Member Roberts motioned to make the noted changes to Section 405.
Chapter V Officers and boards
Sec 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, 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.
Commission Member McHugh will obtain state statutes regarding the Clerk appointing deputy clerks vs. having the Town Manager do the appointments.
Agenda Item #5: Miscellaneous
Chairperson Munroe noted that she has been approached about the Ethics Policy being revised as part of the Charter Revision; specifically she was questioned as to the tenure of people on the board. Ethics Policy revision is not part of our scope. This issue has been brought to the attention of Dolores Sassano and the Town Council.
The topic of nepotism should be added to the Ethics Ordinance.
The topic of including a provision in the Charter that would allow for a budget referendum was discussed. Each Commission Member in attendance discussed their viewpoints on this issue. A tentative 1 for/4 against (2 in absent) poll was informally taken, however, it was decided that the budget referendum discussion would be tabled until we have full Commission Member attendance.
Due to time constraints, Chairperson Munroe opted to table Chapter V, Sections 502-513, until the next scheduled meeting on February 17, 2004.
Agenda Item #6: Adjournment
Chairperson Munroe motioned to adjourn. The meeting adjourned at 9:20.
Respectfully submitted,
Dorcas McHugh
Secretary
Approved as submitted March 2, 2004