3/17/2014 CHARTER REVIEW COMMITTEE Minutes

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Review of Charter Sections on Action List(continued) Sec-3-I -Eli ibifi To clarify"TownOffice"and"Town Officer",Attorney Costello explained in layman's terms that under the Charter no one can simultaneously hold more than one elected town office or simultaneously hold an elected town office and an appointed town office,unless the appointed town office is as an 619ex officio"member. Inc explained that this limitation only relates to town offices. Positron on the board of another separate governmental board would not be limited because it is not a Ma tepee Town Office. Example: Individual serving on EDIC can be an elected town official because EDIC is a statutorily authorized entity serving the needs of Mashpee but it was created by Special Act, Mary Way an raised the issue of committees lacking a quorum to hold meetings. Attorney Costello said that gets to be a"dicey" issue because lack of quorum is mostly due to people falling to show for meetings. Sec-3 —Town Flection Attorney Costello stated that under Mass General Law provision no one is qualified to serve in office until swom in by the Clerk. Thus,a By-Law specifying timeframes and other conditions for administering oaths of office would be permissible. Action: Leave Charter as written'. pec-3-1 —Ballot Position Deb Iami again addressed her request to list candidates in order other than by drawing by lot. Attorney Costello advised the change to the process would require amendment to the Charter. Don Myers said he recalls that positioning might give some preference to incumbents. Ed Larkin commented that drawing by lot was felt to be fair,rather than positioning names by incumbent or alphabetically. For example, "Adams" last naive would likely always be at top position of the ballot. Action: To be reviewed, .Sec-3-1(i)(1)-Recall Petitions Attorney Costello confirmed that the Board of Selectmen would be.authorized to appoint a temporary Town Clerk relating to recall of Town Clerk or should Town Clerk be unable to perforin his/her duties. Under General Law,the Board of Selectmen could appoint someone from outside the Town since it would be a"temporary"Town Clerk. Sec-3-1 i �-Nomination of Candidates Two questions: l why 25 signatures,rather than 50 signatures for recall; and 2 can someone being recalled run for a position on same ballot when being recalled. Attorney Costello said General election requires 50 signatures-recall election not covered by General Law, rather covered by local Charter or fay-Law. If changing Charter-to 50 to be consistent,would be an amendment to the Charter. As to question(2),Attorney Costello responded"no"'cannot run on same ballot when candidate being recalled. Sec-3-2(d)—Appointments Should Sewer Commission b deleted from Charter? Attorney Costello said if approved,the amendment requested to the Charter in the Special Act would eliminate the Sewer Commission from the Town Charter. Action: In limbo, pending Special Act disposition.