Charter Revision Commission
Regular Meeting
April 1, 2010
Commission Members Present: Commissioners Dave Balthazar, Melissa Engel, Tuttle, Vice Chairperson Ciucias and Chairperson Terry Concannon.
Also Present: Town Manager Jeffrey O’Keefe, Town Attorney Jean D’Aquila, and Town Clerk Sandi Wieleba
Meeting Called to Order
The regular meeting of the Charter Revision Commission was called to order at 9:00 a.m.
Approval of the Minutes of March 25, 2010
Motion: Commissioner Engel made a motion to approve the minutes of March 25, 2010, as amended, seconded by Commissioner Balthazar.
All members voted in the affirmative. Commissioner Tuttle and Vice Chairperson Ciucias abstained. Motion passed 3 – 0 - 2.
Public Remarks
Ted Hintz, Keighley Pond Road, former member of the Board of Finance addressed the commission. He indicated that:
o The issue was about checks and balances between the Town Council and Board of Finance.
o An incident several years ago that resulted in the Board of Finance denying an appropriation requested by the Town Council because there was ample funds in the operating budget to address the request.
o A proposed ordinance for Chapter 45 under Finance and Budget was drafted, but never implemented. (see attached text)
o If the Board of Finance and Town Council could not agree upon whether an appropriation should be approved, there was a reason. It was not about giving or taking control to any particular board.
Commissioner Engel wanted the Charter and Ordinance to clearly identify that appropriations that exceed $25,000 would be approved at a Town Meeting. She requested that the proposed text for the ordinance be rewritten so that it would easier to understand.
Commissioner Tuttle was concerned with the wording in the proposed ordinance which stated the appropriation had to be approved by both the Board of Finance and the Town Council. He asked if the Board of Finance did not approve an appropriation under $25,000, what recourse the Town Council had in order to proceed.
Attorney D’Aquila indicated that between $12,500 and $25,000 needed an affirmative vote of both the Board of Finance and Town Council. If the appropriation was over $25,000 it needed to go to a Town Meeting for approval.
Vice Chairperson Ciucias asked if it made sense to lower the threshold to $12,500 rather than $15,000. It was agreed by consensus to keep the threshold at $15,000 in order to keep the Charter more enduring.
It was agreed that the Town Attorney will add a new section under Chapter V. Board of Finance. It agreed by consensus that language pertaining to supplemental appropriations would be put into the Charter rather than change the Ordinance under Section 45.
Mr. Hintz inquired about the makeup of the Charter Revision Commission. A review of the Connecticut General Statutes that applied to Charter Revision Commissions was provided.
Chairperson Concannon closed the Public Remarks portion of the meeting.
Section 2.1 Election.
The new text under this section includes full or open voting as opposed to restrictive voting as has been done in the past. Under full voting the elector is able to vote for all members running for a particular elected office.
It was determined for the first municipal election held in 2011; a candidate can run for both the four-year and two-year term. If that candidate was successful in winning both terms, that individual would choose which term he would serve. The votes received by a particular candidate running for both the four-year and two-year terms would not be added together, but would be viewed as two separate offices.
Attorney D’Aquila explained that full voting allowed the town committees to nominate four candidates for four positions on the Town Council for a four-year term and three candidates for three positions under the two-year term.
Commissioner Engel moved “To adopt the language proposed by the Town Attorney and approved by the Secretary of the States Office to include full voting under Section 2.1”, seconded by Commissioner Tuttle.
All members voted in the affirmative. Motion passed 5 – 0 – 0.
CHAPTER II. THE TOWN COUNCIL
Section 2.1. Election.
The Town Council hereinafter referred to as the "council", shall consist of seven members who shall serve without compensation. Not more than five of the members shall be of the same political party. At the biennial election in 2011, four candidates shall be elected to a four year term of office and three candidates shall be elected to a two year term of office. An elector may vote for four candidates running for a four-year term and three candidates running for a three year term. For each biennial election after 2011, the number of members to be elected will be determined by the number of members whose terms are expiring and each candidate will be elected to a four year term of office. No member shall hold any position of profit under the government of the Town of East Hampton during the term of office for which he/she
is elected, and for two years thereafter. Additionally, no member shall serve in another elected or appointed office under the government of the Town of East Hampton during the term of office for which he or she is elected, except for ad hoc committees, sub-committees, agencies, task forces appointed by the council and a Charter Revision Commission.
Section 6.3 Vacancies in Elective Offices.
Town Attorney D’Aquila reviewed the State Statutes on filling vacancies in elected office for the Board of Finance, Zoning Board of Appeals, Board of Education and Town Council.
Commissioner Engel indicated that the current Charter would allow the Town Council to veto a recommendation made by the Town Committee to fill a vacancy. She did not support the current language because it could result in denial of a recommendation by the Town Committee if the majority control Town Council so desired. The proposed language for this section would remove the approval by the Town Council for filling a vacancy in elected office.
The Town Attorney will check to see if there is any case law that would exclude the Board of Education from complying with this section when filling a vacancy.
Commissioner Engel made a motion “To adopt the language as proposed by the Town Attorney”, seconded by Commissioner Tuttle.
All members voted in the affirmative. Motion passed 5 – 0 – 0.
Section 6.3 Vacancies in elective offices.
When a person vacating an office shall have been elected as a member of a political party such vacancy shall be filled by the appointment of a member of the same political party for the unexpired portion of the term who shall serve until the next town election and until his or her successor is elected and qualified.
Section 6.6. Amendment of charter.
The proposed language will mandate that the Charter be reviewed every ten years by the Town Council. It did not mandate forming a Charter Revision Commission unless it was determined that the Charter needed to be updated or revised then, the Town Council would, by Resolution, form a Charter Revision Commission and outline its charge. A report will be filed with the Town Clerk every ten years indicating that the Town Council has fulfilled its obligation to review the Charter.
Commissioner Engel moved “To adopt the language proposed”, seconded by Vice Chairperson Ciucias.
All members voted in the affirmative. Motion passed 5 – 0 – 0.
Section 6.6 Amendment of Charter
The Town Council shall review this Charter from time to time as it deems such review to be in the best interest of the Town, but at least every ten years. Said review to be filed with the Town Clerk. Amendments to this Charter shall be in accordance with C.G.S. Chapter 99, as the same may be from time to time amended.
Section 6.7 Effective Date.
Commissioner Tuttle moved “To adopt the language proposed”, seconded by Commissioner Balthazar.
All members voted in the affirmative. Motion passed 5 – 0 – 0.
Section 6.7. Effective date.
This amended charter shall become effective immediately upon ratification by the electors of the town on November 2, 2010 in the manner prescribed by section 7-191 of the General Statutes.
Removal of an Elected Official
At the March 25th meeting, Attorney D’Aquila was asked to review any provisions in State Statute that would dictate on the removal of an elected official either for conviction of a felony or through a recall process. She explained that if an individual is convicted of a felony and sentenced to prison, that individual loses his or her right to vote and thus cannot serve in any elected capacity. After the individual has served their time including probation, the Secretary of the State files paperwork with the Registrar of Voters indicating that the individual can be restored and have full voting rights. The Connecticut General Statutes for the State of Connecticut does not permit a town by charter to provide for the recall of elected officials.
Section 2.2. Chair/Vice-Chair.
Town Attorney D’Aquila provided a comparison of what other towns do with respect to commencement and termination of office of members of a legislative body. She recommended that the Charter reflect the procedures used in Middletown. The new Town Councils’ term commences the first Wednesday following the biennial election in November for each Town Councilor certified by the Town Clerk.
The concern was the inability to swear in a new Town Councilor at the organizational meeting in the event that there was a tie or close vote between candidates. The recount process has to be performed within six (6) days following an election per State Statute. It was determined that the Charter should reflect that the candidates will be certified by the Town Clerk following the election and prior to the organizational meeting.
Commissioner Engel moved “To reopen the consideration of Section 2.2”, seconded by Commissioner Balthazar.
All members voted in the affirmative. Motion passed 5 – 0 – 0.
The Town Attorney will provide new language for this section.
Any other business to properly come before the Commission
The issue as to whether the other elected offices had full or restrictive voting. It was determined that only the Town Council had restrictive voting. Town Attorney D’Aquila suggested language in the Charter reflecting that all elected offices had full voting. She will prepare a new section in the Charter.
The meeting dates are being modified in order to accommodate personal schedules of Commission members. The new meeting dates are as follows:
April 8, 2010 @9:00 a.m.
April 15, 2010 @7:00 p.m.
April 19, 2010 @7:00 p.m. 2nd Public Hearing
April 20, 2010 @11:00 a.m.
All Meetings are Open to the Public
*2nd Public Hearing will be held at the East Hampton Middle School, 19 Childs Road, East Hampton in the Library/Media Room
ALL MEETINGS, WITH THE EXCEPTION OF THE 2nd PUBLIC HEARING, WILL BE HELD AT THE TOWN HALL IN THE EATON SMITH MEETING ROOM, 20 EAST HIGH STREET, EAST HAMPTON
Issues to be discussed at the April 8th meeting:
o Town Attorney D’Aquila will revise Section 5.2
o The addition of Section 5.3 with regard to appropriations
o Revise Section 2.2. Organizational Meeting
o She will also investigate as to whether there is any case law which would prevent the Board of Education from filling vacancies as proposed for all elected offices in Section 6.4.
o New section in Charter explaining full voting
Adjournment
The meeting was adjourned until the next regular meeting of April 8th at 9:00 a.m. at the Town Hall in the Eaton Smith Meeting Room.
The meeting adjournment: Motion by Commissioner Engel and seconded by Commissioner Tuttle to adjourn at 11:00 a.m.
Respectfully Submitted
Sandra M. Wieleba, Town Clerk
Approved by vote of the Commission,
As amended, 4/8/2010
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