HomeMy WebLinkAboutTGSCminutes20051024Town Government Study Committee
Minutes, October 24, 2005
Land Bank Office
Call to order. Chairman Reinhard called the seventh meeting of the Town Government Study
Committee to order at 4:00 pm. Present were Gardner, Lohmann, Miller, Reinhard, Sevrens,
Topham, Willauer and guest Michael Glowacki.
Minutes. Topham requested that the minutes indicate her previous absence was excused. The
minutes were approved as amended.
Meeting Schedule. Reinhard reviewed the next scheduled meeting dates of November 14 and
28, and December 12. At the December meeting we will plan for the future meetings.
Mission Statement. Reinhard distributed the current working text of the mission statement
together with some suggested changes, specifically, to strengthen the second point by
substituting "to solicit" for "to encourage," and to add a fifth point providing a target date for
completion. The committee unanimously adopted the following mission statement:
The mission of the Town Government Study Committee is to fulfill the mandate of the
2005 Nantucket Annual Town Meeting pursuant to which the Committee was formed,
and, in particular,
♦ To study all relevant aspects of the Town and County governments, including their
current organizational structure and how they operate under their current charters, and
how effectively they are managed
♦ To solicit constructive suggestions from the public at large and Town and County
personnel regarding Town government
♦ To report our findings and recommendations to the Town and County Administrator,
the Board of Selectmen, the County Commissioners, and to the public
♦ To propose any warrant articles or other means for implementing those
recommendations, and
♦ To complete our work by Annual Town Meeting 2007.
Reinhard will take the mission statement to the Town Administrator's office and to the Board of
Selectmen and County Commissioners for their endorsement.
Timeline. Reinhard distributed a draft timeline for addressing the various topics and committee
activities [see attached chart]. There is a possibility of forming subcommittees to focus on
specific issues. There was discussion of the possible form an interim report might take -- an
update, some preliminary findings to generate discussion, but not any conclusive results. A
decision on whether to hire a consultant will be necessary. Sevrens noted that it will be necessary
for the committee to obtain copies of the documents indicated [relevant bylaws, administrative
code, special acts]. Reinhard will look into acquiring the documents. Should any expenses be
involved, the committee will have to approve them. Reinhard asked committee members to
consider both how best to achieve a response from a broad cross section of the public, and how
to get to an interim report.
Charter Review. The committee proceeded with its review of the Town Charter.
4.2 (d)(8) The Town Administrator (TA) cannot compel specific actions of town boards, but has
ability to have an overview and forecasting role for the town. Does this section give the TA
power to require that town boards make reports to the Board of Selectmen (BOS)? Especially
when by-laws or warrant articles will be necessary.
There followed a discussion of the relative roles of the Planning Board and the
NP&EDC. The latter is not within the purview of the Town. Does the County have jurisdiction,
or is it a State controlled body? Nantucket is unique in that town and county are one, so the
NP&EDC does not have its usual "umbrella" function over several towns, as on the Vineyard or
the Cape. The roles and relationships need to be clarified.
4.2 (d)(9) This clause gives the TA important powers, and seeks to balance efficiency and checks
and balances. She can negotiate contracts for the town, and bring them to BOS for approval, and
sign them if approved. If the Board does not vote approval, must it then vote a resolution of
disapproval? The public should be more aware of the content of the contracts; there should be
better media reporting.
This section seems to exclude union contracts, but in practice they aren't handled the
same way? This needs to be clarified. There is no longer a separate personnel Board; most
employees are union.
4.2 (d)(10) The TA can act for the Town in legal matters with approval of the BOS. Town
Counsel represents the BOS. If another Board sues the Town, that Board can seek a special
counsel through the TA.
4.2 (d)(11) This section gives the TA enforcement powers to implement the will of the people as
expressed in statutes or contracts. What if terms are not "in favor of the town?" The TA has
ability to interpret, and to review [4.2.(d)(8)], but not to change already agreed upon terms.
Wording may need refining.
4.2 (d)(12) This section empowers the TA to order town departments to work together [in case of
emergency, for example]. Do all department heads know this? Is there a difference in application
between contract and union employees? What about quasi-autonomous boards and commissions?
4.2 (d)(13) The TA can propose actions to the BOS concerning town space issues, logistics, or
public welfare. Are there some actions she can take on her own, without Board approval?
4.2 (d)(14) Warrants for payment come to the TA from the Finance Director; the TA must
approve them before submitting them to the BOS; more than just a "housekeeping" function.
4.2 (d)(15) Vote of BOS can delegate duties to the TA. Mr. Groux says "When the Charter itself
assigns duties to the TA those duties can not be withdrawn (or rescinded) by the Selectmen. That
is because the voters are the ones who assign the duties. Thus only a new vote by the voters can
rescind those duties. However, the Selectmen may assign additional duties to the TA (beyond
what the Charter does) and what the Selectmen assign they may also rescind." Can powers be
delegated for limited time or purpose? Should vote be by "majority of a quorum?" [See 3.1,
action taken there].
Next Meeting. November 14; continue from 4.3 of Town Charter.
Adjournment. At 5:30 pm
Respectfully submitted
Pamela Lohmann