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A. Relative to the organizational structure of the "There shall be a permanent building and other Mashpee municipal government, several sections facilities planning and construction committee of the Charter were very specific both in its man- (which may be referred to as the Planning and dates and its recommendations. The first refer- Construction Committee) consisting of seven ence listed below sets the timeline based on the members" This committee has been established effective date of the Charter, i.e., July 1, 2004. and has been instrumental in the review and plan- ning for Mashpee's new public library facility. B. Section 8-5(f). This section states,in part, as fol- lows: G. Section 5-8: Public Building Maintenance. Since this provision is undoubtedly the most con- "Within twenty-four months following the adop- troversial and unconventional of the Charter tion of this Charter, the Town Manager shall pre- requirements, this section is presented below in pare a comprehensive plan of organization of the its entirety: (Be aware, again, of the use and sig- town government administrative structure in the nificance of the word "shall"). form of a proposed administrative code in accor- dance with Section 5-1(b) of this Charter." "The responsibility for the maintenance and repair of all town-owned buildings and grounds C. Section 5-1(b). Administrative Code. This sec- shall be consolidated in the Department of Public tion describes the procedures to be followed for Works under the supervision of the Town implementing or amending the town's Manager. The Town Manager, after consultation Administrative Code. It should be noted for the with the School Superintendent, shall determine record that under Section 4-2: Powers and Duties the manner in which such responsibility shall be (of the Town Manager), sub-paragraph (n), the assumed and the services delivered. The Town Town Manager is authorized "(to) reorganize, Manager and the School Superintendent shall consolidate or abolish, in the manner provided in from time to time meet or otherwise communi- Article 5,town agencies serving under the super- cate to assure the proper maintenance of all vision of the Town Manager, in whole or in part, school buildings. Nothing in this section shall be provide for new town agencies, and provide for a construed so as to interfere in any way with the reassignment of powers, duties and responsibili- appointment by the School Committee, or by ties among such agencies so established or exist- other School Department personnel serving ing. under it, of the maintenance personnel in school buildings who perform so-called, ordinary custo- D. Section 5-5: Department of Municipal Finance. dial maintenance. It is the intention of this pro- This section states, in part: vision, however, that the standards for the work to be performed will be established jointly by the "The town may, in accordance with the provi- School Department and the Town Manager." sions of Section 5-1, provide for the establish- ment of a Department of Municipal Finance III. Charter Compliance Implementation s responsible for the performance of all the fiscal and financial activities of the town." Regarding the requirement and time implementation of Section 8-5(f), i.e., that the Town Manager prepare E. Section 5-6: Department of Planning and a plan of organization for Mashpee. In the Fall of Community Development. This section 2004, the Board of Selectmen and the Town Manager s states,in part: engaged the firm of Government Consulting Group, Inc. of Franklin,MA to study the organizational struc- e "The town may, in accordance with the provi- ture of the Mashpee municipal government and to sions of Section 5-1, provide for the establish- report its findings and recommendations to them. The 1 ment of a Department of Planning and firm's report entitled: "Organizational Review, Community Development responsible for coordi- Classification and Compensation Study for the Town nating the performance of all the planning and of Mashpee, MA" was presented to the Board of 1 community development related activities of the Selectmen and the Town Manager in August 2005. t town." While the study emphasized the municipal classifica- F, Section 5-7: Planning and Construction of tion and compensation of the existing municipal posi- s Buildings and Other Facilities. This section tions, the opening chapter commented on the existing states,in part: governmental organization of the Town of Mashpee. 75