Unapproved
Charter Revision Commission
Regular Meeting
April 15, 2010
Commission Members Present: Commissioners Melissa Engel, Vice Chairperson Julie Ciucias and Chairperson Terry Concannon.
Also Present: Town Clerk Sandi Wieleba, Town Attorney Jean D’Aquila, Don Coolican, Board of Education Member and Debra Robinson, Board of Education Member.
Absent: Commissioners Dave Balthazar and John Tuttle
Meeting Called to Order
The regular meeting of the Charter Revision Commission was called to order at 7:00 p.m.
Approval of the Minutes of April 8, 2010
Motion: Vice Chairperson Ciucias made a motion to approve the minutes of April 8, 2010, as amended, seconded by Commissioner Engel.
All members voted in the affirmative. Motion passed 3-0-0.
Public Remarks
Debra Robinson, member of the Board of Education, 39 Jacobson Farm Road, asked the commission to explain the process. Members of the commission explained:
- Minutes were available on the town’s web page
- The 2nd public hearing was scheduled for Monday, April 19th at 7:00 p.m. at the Middle School in the Library/Media Room.
- Following the public hearing, the final report will be reviewed to determine if any other pertinent information from the public hearing was presented. The Final Report will be presented to the Town Council on April 27th
- The Town Council can approve the recommendations in full, a portion of the recommendations or reject all of the recommendations
- If the Town Council approves the recommendations, the voters would have an opportunity to vote on it in November 2010.
Don Coolican, member of the Board of Education, 18 West Lane
- Did not support the changes proposed for filling vacancies in elected offices.
- He felt that this proposal for filling vacancies would make it too political.
- He felt that the placement on the ballot and name recognition helped candidates win elections rather than the best person winning.
- Unaffiliated electors did not have the same opportunity to run for elected office because of the lack of having a political party endorsement.
- He supported letting the Board of Education fill vacancies based upon experience and knowledge and being the best person for the job.
- If the Board of Education could not determine a candidate, then the Town Council should make that decision.
Debra Robinson, member of the Board of Education, 39 Jacobson Farm Road also supported letting the Board of Education fill its own vacancies. She also felt letting the town committee determine the replacement would be political and not allow for the best candidate to serve.
A phone call to the Town Clerk from Carol Lane, member of the Board of Education, indicated that she supported the proposed recommendation for filling a vacancy as proposed by the Charter Revision Commission.
Chairperson Concannon also agreed that individuals unaffiliated with a party were not addressed in the proposed changes when filling vacancies.
Commissioner Engel mentioned:
- The time spent on this issue by the Charter Revision Commission in order to identify a procedure for filling vacancies.
- That it would be politicized allowing the Town Council to fill vacancies rather than let the political town committees recommend a candidate.
- That name recognition was an issue, but also felt that if an individual did not do a good job while serving on an elected board, they would not get re-elected.
- That allowing the Board of Education to fill a vacancy can also become political.
- The proposal by the Charter Revision Commission for the Town Council to have a four-year staggered term and the impact for filling vacancies was the impetus for this proposal.
Vice Chairperson Ciucias asked the Town Attorney for her opinion on this issue. Attorney D’Aquila mentioned that the provision did not include unaffiliated electors. She submitted new text for this section and will review this section with the Charter Revision Commission at the appropriate time.
Vice Chairperson Ciucias stated that she understood Mr. Coolican’s comments concerning name recognition, but she stressed, individuals that are involved with the town and attended various functions for the betterment of the town makes more of an impression on her.
Chairperson Concannon closed the Public Remarks portion of the meeting.
Section 6.4 Voting for Elective Officers
An elector may vote for as many candidates for municipal office as there are seats to be filled in any municipal election.
Commissioner Engel moved to approve the language in 6.4. Voting for Elective Officers, seconded by Vice Chairperson Ciucias.
All members of the Commission voted in favor. Motion passes 3 – 0 – 0.
Any other business to properly come before the Commission
Review of Draft Final Report was discussed. Chairperson Concannon made changes to the Background page and she reviewed the changes with the commission.
Vice Chairperson Ciucias asked if the impetus for the Town Council forming a Charter Revision Commission should be added. Commissioner Engel offered language if the commission felt it was necessary to add this information to the Background page. Vice Chairperson Ciucias asked if the Town Clerk should also be acknowledged for her contributions to the Charter Revision Commission.
Chairperson Concannon agreed to make these changes.
Commissioner Engel wished to alter the last sentence in the Background to reflect that the entire Charter was reviewed and not just the portions given in the charge.
Vice Chairperson Ciucias also wished to thank the public that attended the public hearings and provided their thoughts, suggestions and ideas to this commission.
The commission reviewed each section under the Recommendation’s section and made changes in the format and wording.
Vice Chairperson Ciucias made a suggestion for an introduction illustrating the research and process the Charter Revision Commission took in order to provide their recommendations to the Charter. She will prepare this section.
Chairperson Concannon suggested changing the order of the text under the heading ‘Decision’.
Chairperson Concannon asked whether the vote should reflect when an individual voted against a particular proposed section. Commissioner Engel did not feel it was necessary to identify the individual in the report, but if it were questioned, then it could be expanded upon.
Commissioner Engel suggested removing the decision and that the rationale was the important part.
Chairperson Concannon asked if there was a model for writing a final report. Town Clerk Wieleba indicated that she had taken the format from one used in Manchester, but that she was unaware of a model.
Commissioner Engel asked for input from Deb Robinson who was in the audience.
Deb Robinson indicated that she was confused with the format.
Commissioner Engel indicated that the proposed language for each section followed the recommendations.
A suggestion was made to place the old language next to the proposed language and then explain the rationale for changing the text. It was agreed that Town Clerk Wieleba reformat the report using this suggestion. Commissioner Tuttle will then take the final report and put it into a PowerPoint for their presentation on Monday.
Commissioner Engel suggested changing the title to Town Council Charges and Charter Revision Commission Recommendations. The Charge will be listed followed by the old language and new language, followed by the rationale and then the vote.
Chairperson Concannon pointed out that the Charter Revision Commission also amended the text in sections of the Charter which was not included in their charge. Commissioner Engel indicated that it was permitted as part of their charge. She also suggested a Special Meeting on Monday prior to the public hearing in order to review the report. A Special Meeting was scheduled for 12:00 at the Town Hall on Monday, April 19th.
Vice Chairperson Ciucias felt more explanation was needed for removing the residency restriction for the Town Manager. She will rewrite the rationale portion for the final report. She mentioned that there were many reasons for removing this restriction such as limiting the pool of candidates, quality of life, etc. She also mentioned that this was echoed at the public hearing on March 1st.
Chairperson Concannon indicated that only one person supported removing the residency restriction and another resident suggested adding a radius for the Town Manager to reside outside of town.
Commissioner Engel also agreed that this section needed to be rewritten and asked that Vice Chairperson Ciucias expand upon this section and the work involved on this section by the Charter Revision Commission.
The Commissioners reviewed each page of the final report and made changes in order to clarify the language.
Town Attorney D’Aquila suggested adding “rationale for change”.
The Commissioners wanted to illustrate that the Commission heard the strong outcry from the public concerning placing a limitation on the number of referenda in order to pass a budget. The Commissioners also agreed with the public not to limit or restrict the electors’ right to vote as many times as necessary in order to pass a budget.
Town Attorney D’Aquila provided new language for Section 5.3 Supplemental Appropriations.
Chairperson Concannon was unsure if the Board of Finance would support the new wording of this new section.
Commissioner Engel disagreed and felt that the Board of Finance would be pleased with the wording and intent of this new section and felt it echoed the comments made by a former member of the Board of Finance.
Section 5.3 Supplemental Appropriations
(1) Additional appropriations to any board, commission, or agency not exceeding $12,500 in total in the same fiscal year shall require council approval following the recommendation pro or con of the Board of Finance.
(2) Additional appropriations to any board, commission, or agency exceeding $12,500 in total but not exceeding $25,000 in total in the same fiscal year shall require either (a) the approval of both the Board of Finance and the council or (b) the approval of the council and town meeting approval for any such appropriations the Board of Finance disapproves.
(3) Additional appropriations to any board, commission, or agency exceeding $25,000 in total in the same fiscal year shall require the recommendation pro or con of the Board of Finance, the approval of the council, and the approval of the town meeting.
Town Attorney D’Aquila provided a new Section 6.3 Vacancies in Elective Offices.
Section 6.3. Vacancies in Elected Office (now will be 6.4)
Section 6.3. Vacancies in elective offices.
When a person vacating an office was elected as a member of a political party shall appoint his or her successor who shall serve until the sooner of either the expiration of the term or the next biennial election, and his or her successor is elected and qualified. When a person vacating an office was not elected as a member of a political party, the Town Council shall appoint his or her successor who shall serve until the sooner of either the expiration of the term or the next biennial election, and his or her successor is elected and qualified. Should the next biennial election occur before the expiration of the term, then the electors shall elect a successor to fill the vacancy for the unexpired portion of the term.
A discussion as to whether the last sentence was redundant and unnecessary ensued.
Chairperson Concannon felt the last sentence was redundant.
Vice Chairperson Ciucias wanted to make the language clearer.
Town Attorney D’Aquila suggested holding off on a vote until their next meeting as to whether the commission was satisfied with this new language.
Vice Chairperson Ciucias wanted to add language to the report that reflected that the commission did look into the removal of an elected official. The Town Attorney indicated that the State of Connecticut did not have a recall provision in State Statute for the removal of an elected official. The Commissioners also reviewed procedures in order to remove an elected official found guilty of a felony.
Commissioner Engel made a list of the items brought up at the public hearing which were reviewed. She felt adding this information to the final report would help when another Charter Revision Commission looked at reviewing the charter in the future.
Chairperson Concannon reviewed the proposed text in each section for clarity and typographical errors. She suggested adding the word “town” before clerk in Section 2.2.
Vice Chairperson Ciucias suggested adding back in “2011” in section 2.2. She also asked if the current language in the Charter would be sufficient if the legislature changes the method for advertising legal notices. Town Attorney D’Aquila felt that the language would be acceptable if the legislature allows advertising legal notices on a town’s webpage.
A review of what the agenda would cover for the Special Meeting scheduled for April 19th at 12:00. It would be to review Charter and final report.
Adjournment
The meeting was adjourned until the public hearing on April 19th at 7:00 p.m. at the Middle School.
The meeting adjournment: Motion by Vice Chairperson Ciucias and seconded by Commissioner Engel to adjourn at 9:45 p.m.
Respectfully Submitted
Sandra M. Wieleba, Town Clerk
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