6/16/2014 CHARTER REVIEW COMMITTEE Minutes

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x SI O ', COSTF-,I� , CONDON c: 'PPP. UL,1 Edward Lail n,Chairman Charter Review Committee May 21,2014 Page uth rity or Town of M shp and is afforded legal priority o the same level as provisions of General Law and special law of the Commonwealth. The provisions of§7-7 provide that the Finance Committee shall designate two members of the Charter Review Committee who "may. bw need not, be rn eni r of`the Finance Coninfi.ttee This langu agre specifically acknowledges and authorizes members of the Finance Committeeto be desicynatedOfftio to serVe as members of the Charter Review Committee. Accordingly, there is clear legal authority for the members of the Finance Committee to serge as members, and to enrage ill votes,of the i Charter Review Committee. Notably, §2 l A precludes a member of municipal commission ission or board from being appointed to or being elected to any office or position "`under the supervision 1` u h commission or board". ' Th Fig ane Committee,p cant to Section 6.6(b)of the Charter and Chapter , Article I 11* - of the M shpee General Bylaws is an advisory committee which "me ons d r such � u c�v t io ns wft h r- re nc e to /he co n di(ct of the Town (fairs as it gray deer?i aoYisuhle a iii n i a v c o ns z r 1i i,vi a n Y.a n r.. a I I office rs, b ou-d.Y a rrr. c o rrrrrr itts rf I I`e" To w n w ith r q Prenceto matters 1r1 kor ifs'stip )EVision; it shall review all articles, oj)i1hatever nalur # in the W nrr ni fog•anis, nintacd or Special Aketing} tincalleddurhtg itsur e.o `af ie and hal prepare a ivi-tlen repos-1, S(--1th7Ag 0111 ilsfilldingS, conclusions, and reconWletldOtiOnS. including reasons th r#ic or, i-ewn-Aw.scdd Wai-raw articles. The Finance ComInr to shall on it such public 7e grin s '117d p)-ovide sitch. itchreporis and recommendations wish-r .•p ct to the propos(-,Id annirtr bucke*t of the Tow?as may required by the Charter or 1his Codi. The FintinceCon7mrt t! s hr l} irr th r in re annual4v provide jbr an outside audit of the books and accounis oj'the To wn io be inade by cr ceirtyWpublic accountant..."' The Charter Review Committee established pUrSUant to §7-7 of th e Charter is a special coin in i ttee"estall sihed. br-the ptir ose-qf i-aviei-vingr th is c heir t r and to inake a report, with r-e `onimend r jons, to fhe town meeti ,( co net-n kg grill proposed aniendments which said conimittee may determine to be necessai*y or desirable". N owhere ih the en bl i nor language of the Charter-and General y]a relative to these two respective orni ittees is there ray express or'nfe'r d provision W I � onld indicate that the Charter Review Committee i ""under the supervi ion ole' the Finance Comm ittee. To the c:ontr •y the Charter Review Committee is expressly charged to report to the Town Meeting concerning any proposed amendments to the Charter. It has no responsibility or Obligation to report t6 the Finance Committee. It is also noteworthy that the establishment of the Charter Review Committee was authorized by the voters of the Town upon adoption ofthe 2004 Town Charter. The Finance Committee was established well prior to-this date} yet there is no evident intent in the Charter that the Finance Committee would have any supervision over the Charter Revsear Com mittee. For these reasons,-I do riot see any violation of§2 l A in the vote of Charter Review Committee members on the proposed conversion of the Finance Committee from an appointed to an elected body of the Torn. Finally{, I do not believe that the vote of'the two Charter Review Committee members designated by the Finance Committee eonstitut n appearance of conflict or an act that would