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3/17/2014 CHARTER REVIEW COMMITTEE Minutes
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3/17/2014 CHARTER REVIEW COMMITTEE Minutes
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Mashpee_Meeting Documents
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CHARTER REVIEW COMMITTEE
Meeting Document Type
Minutes
Meeting Date
03/17/2014
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4 <br /> I <br /> I <br /> Review of Charter Sections on Action Lists continued <br /> Sec- 4(a)—TownCIr <br /> Attorney Costello confm-ned that if changing from elected to appointed Town Clerk position, it <br /> would require a Charter amendment, He explained that to convert from elected to appointed <br /> Town Clerk it can be done either by implementing anmendment to the Charter or by seeking a <br /> Special Act of the Legislature transferring the nature of the office from elected to appointed. He <br /> said in either situation,"grandfather'provisions can be incorporated and/or"deferral provisions" <br /> of the effective slate of the t=s er in order to accommodate incumb nt in the office. Chuck <br /> Gasior asked if"grandfathering"the position would effect a tenure situation. Attorney Costello <br /> responded that with an elected Clerk they would only have remaining portion of their term in <br /> which to retain the office. After the effective date,the position would become an appointed <br /> office and there would be no more election for that position. Pat Costello explained if current <br /> Clerk remains in office for full term,their tenure is 3 years. <br /> Chuck stated Town Clerk has mentioned her duties of making sure open Meeting Acts provisions <br /> are followed and she feels an appointed Town Clerk would be compromised in implementation or <br /> enforcement of those provisions. Attorney Costello said duties orblig tion of the office would <br /> not change whatsoever in that'regard whether it's appointed or ars elected position. He said each <br /> individual Clerk has to decide how vigorously and to what extent they are,going to implement the <br /> Open Meeting Law requirements. Enforcement isthe role of the Attorney General's office. <br /> Don Myers asked would Charter be able to extend tenure under"grandfathering". Attorney <br /> Costello responded"'no",absolutely capped at 3-year term. <br /> .Sec-34(b)—Powers and Duties of Town Clerk <br /> Last sentence of thi's section reads: "'The moderator,or a designee of the moderator, shall be <br /> responsible to review the minutes of all multiple-member bodies appointed by the moderator." <br /> Attorney Costello said moving this sentence from Town Clerk to Sec-3-6(b)-Powers and Duties <br /> of the Moderator would require amendment to the Charter. <br /> .Sec-3- Planning Board <br /> Deb Dami again brought up her suggestion to male Associate Planning Board position an <br /> appointed rather than elected position. Terrie Cook said although Charter Review Committee <br /> already reviewed and officially released this, we will address again out of deference to the Town <br /> Clerk's request to speak. Dern Dami provided election statistics connected with this position. <br /> Mary waygan explained the Planning Board has no inclination to change and wishes to keep all <br /> positions the same.. <br /> Action: Leave as written i Charter. <br /> See-4-1 —Appointment of Tori Man er <br /> I <br /> The Charter states in the last sentence of first paragraph of this section-4-1 that"Town imager <br /> shall be appointed from a list prepared by a screening committee established by by-lave". Vero <br /> is no -Law for establishing Town screening committee. Attorney Costello recommends a By- <br /> Y <br /> Law be established by the Board of Selectmen for creating a screening committee. <br /> 4 <br />
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