Mashpee Charter Commission

Present: D. Arden, E. Petti, C. Bowmar-Perry, C. Gasior, R. Halpern, R. Maney, J. Blumengarten, and J. Bacigalupi (arrived 7:25 p.m.).

Absent: E. Larkin

Speaker: Marilyn Contreas, Massachusetts Department of Housing and Community Development (Boston) joined the meeting at 7:05 p.m.

Audience: Alan Samry, Mashpee Enterprise; and Bea Perkins, League of Women Voters.

Dr. Petti, Chairperson, called the meeting to order at 6:50 p.m.

Dr. Petti announced that Bob Whritenour is not coming tonight. He told her he’d prefer to come and meet with the Commission alone.

Dr. Petti informed the group that the reason she called the meeting to start earlier at 6:30 p.m. is because she was proposing to elect Cathy Bowmar to be Chairperson of the Charter Schedule Subcommittee to set times and planning. Cathy can use her schedule to accomplish this. Dr. Petti made an outline of Departments’ physical locations at Town Hall.

Before asking Marilyn Contreas to join the meeting, Dr. Petti asked Dean Arden whether anything has been done to publicize tonight’s meeting. Dean said he sent a public service announcement to WOCN, but he didn’t think they did anything.

Dr. Petti distributed copy of Parliamentary Procedure to the group.

Charter Schedule Subcommittee

Upon Cathy Bowmar’s arrival, Dr. Petti asked if she agreed to Chair this subcommittee and to ask for volunteers to serve on the subcommittee. Ruth Maney and Dean Arden volunteered to serve. Task: Make the calendar; see the people; and come back to the Commission with dates.

Minutes of June 5, 2002 Meeting

Dr. Petti asked that the minutes be amended on page 2. Following brief comments, decision on wording was reached. The amendment will be made to the minutes and will be presented for acceptance at next Commission meeting.

Marilyn Contreas Presentation

Marilyn Contreas began her presentation by distributing copies of 2 sheets:

1. SUMMARY: FORMS OF GOVERNMENT AVAILABLE TO MASSACHUSETTS MUNICIPALITIES.
2. HOME RULE CHARTER ACTIVITY: CAPE COD COMMUNITIES.

She said the most valuable part of this session is for the group to be able to ask questions.

Marilyn gave a detailed, in-depth presentation. Questions were raised and discussed. Some of the highlights:

• Basically, Commission working under Home Rule Amendment to the State’s Constitution and Chapter 43B of the General Laws. This is limited Home Rule.
• Write Charter that has to fit within the parameters of the laws of the Commonwealth.
• You can craft a government structure that is useful and responsive to what you want in Mashpee. One of the goals is to establish a document that will be good for 20 or 30 years.
• Document can be amended through a process in Chapter 43B.
• There have been about 150 charter commissions since the adoption of the Amendment in 1968 and about 83 of those charters now in effect…so better than 50%.
• One of the frustrations of being on a charter commission is that in 1967 and 1968 Legislature had several commissions and one of their strongest recommendations was the General Laws affecting local government structure should be revised to reflect the passage of the Home Rule Amendment. This was never done. That is why Chapter 43B, Section 20, is so important.
• Section 20 begins to define what consistency with the Law means. In reading some of the charters you’ll see how they’ve used Chapter 43B, Section 20.
• No state definition and no State standard for Town Manager/Town Administrator position. It’s what you write in the charter as job description that governs that position.
• Chapter 43B is procedural guide. It provides time lines for completion of tasks. For example, up to 16 months to complete a preliminary report; and up to 18 months to produce a final report and present it to Board of Selectmen.
• Appears on Vote Ballot 6 months after production of final report. Vote on charter is up or down—that is, Yes or No.
• Charter Commission must bear the cost of printing the preliminary report. Marilyn mentioned the $5,000 money provided by the statute will probably not be enough to cover this printing cost. Her estimate: probably cost around $6,000. Dr. Petti asked Marilyn if she had any idea as to what total expenses might run, Marilyn responded her estimate would be around $20,000.
• Final Charter printing and distribution expense is the responsibility of the Town.
• Charter Commission can accept gifts. Town can set up Account for the Commission. Sometimes “neighbors”, for example “Friends of the Mashpee Charter Commission” run fundraisers. Commission does not solicit funds.
• Required to have 2 Public Hearings.
• Decision made that State will not provide model charters. Marilyn brought “samplings” of charters—all open town meeting charters. She is willing to send any other form of government the Commission might wish to see.
• Try to read a variety of charters to see what was done. Because it’s a structural exercise and your working inside a particular box, off-Cape charters will not be that different from what you’ve seen on Cape.
• Chatham probably stands out as one of the stronger managing charters state-wide, not just on Cape.
• State required Moderator to conduct Town Meeting. It’ a local preference whether Moderator is strong (make appointments) or plays minimal role.
• Some town used charter to change to cities—namely: Amesbury, Easthampton, Weymouth, West Springfield, Greenfield (as of yesterday).
• Most formulas and most grant formulas not driven by form of government. They’re driven by population size.
• Representative Town Meeting: Smallest is 50; largest is 400. No required number for precinct, but they have to be equal.
• Charter modification: Most charters contain Charter Review Commission at 5-year intervals. Can be appointed by Selectmen or by Moderator, whatever is written into the Charter.
• Charter Commission term of office is over 30 days following the election at which the charter is voted on.
• Chapter 43B requires Board of Selectmen, School Committee, Moderator always be elected. Anyone else can be elected or appointed.
• Charter Commission can vote not to have a Charter. This is also in Chapter 43B. You issue report to Board of Selectmen for no change. Then no question placed on the Ballot.
• Bea Perkins commented if you don’t succeed, you can resubmit. Marilyn explained if 35% of those who voted did vote for the Charter, then within 2 years you get 10% of voters to sign to resubmit same charter on the ballot.
• Charter can only address those things within the purview of Mashpee.
• Financial Reporting Consolidation: Dean Arden raised questions on this issue and Marilyn is going to check and respond back.
• Best approach is for Charter to accept Special Acts. Marilyn said that usually Consultant does this research. If Charter provision is contrary to or not quite like the Special Act, Charter governs. Marilyn suggested a good “housekeeping” practice is to get rid of those Special Acts you know are no longer relevant. Definition of Special Acts: These are Special Acts the Legislature passed at the request of Town of Mashpee.
• Look at Final Report of Mashpee 1984 proposed Charter because Attorney General may have deleted/changed the Preliminary Report. Marilyn has copy of the Final Report if the group needs a copy.
• Dr. Petti asked Marilyn to send any charters to her and she’ll dispense to the group.
• If the Committee does not come to consensus, then within 48 hours of the Commission’s vote Minority Report Statement goes to Chair, and it is required to be included in publication that goes to every household. Minority can be just one person. Minority Reports are fairly common…in 25-30% of them.
• Majority of Voters voting carries the vote.
• Marilyn will send sample charter where you go from elected to appointed with same individual staying in same position.
• If in Charter, can be amended through amendment process Chapter 43B, Section 20, which requires 2/3 vote at Town Meeting followed by a majority vote on the local election ballot. If anything is a nature like that but must be pursued on more urgent timetable, Special Acts route still available. Thus we have a new way, but didn’t give up old way.

Continuing with the Commission Meeting started earlier, Dr. Petti informed Juan of the make-up of the Charter Schedule Subcommittee. Juan asked who will be meeting with whom? Dr. Petti responded it will be up to the Subcommittee. Dr. Petti said she doesn’t want anyone to go out on their own; we’ve got to work together and we’ve got to work with the Chairman.

Future Meetings

June 19, 2002-7 p.m., Public Hearing – Town Hall.
June 26, 2002-7 p.m. Bob Whritenour being invited – Town Hall.
July 8 or July 10, 2002…Meet with Selectmen. Awaiting reply from Selectmen.
July 23, 2002 – 7 p.m. – Meet with Finance/Assessor. Being arranged.

ARTICLE FOR SUBMISSION TO SELECTMEN

Chuck read Article he drafted for submission to the Selectmen requesting $20,000 as detailed at last week’s meeting.

Motion…Juan motioned that Article for submission include “and other expenses” after word Consultant. This motion was seconded by Jerry.

Vote…Unanimously carried.

Action Items

• June 19 Public Hearing needs good publicity…Publicity Subcommittee to handle.
• Dr. Petti to invite Bob Whritenour to June 26 meeting.
• Chuck to provide everyone with copies of sample charters received from Marilyn Contreas.
• Next meeting Dr. Petti will bring correction to By-Laws on Page 24, Article D.
• Juan will e-mail to every Commissioner a “boiler plate” of Section I of Charter.
• Chuck to contact Joyce to draft Article requesting $20,000 for Consultant and other expenses.

NEXT MEETING

Public Hearing - Wednesday, June 19, 2002, 7 p.m.-Town Hall Meeting Rooms 1 and 2.

ADJOURNMENT

Cathy Bowmar motioned the meeting be adjourned; Juan Bacigalupi seconded the motion; and it was unanimously approved. The meeting adjourned at 9 p.m.

Respectfully submitted,

Jean Giliberti

Recording Secretary