05/05/2008 Annual Town Meeting - Laserfiche WebLink

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ARTICLE 18: An Article to Rescind Previously Approved Article 21. Submitted by: Mashpee Water District. This Article submitted by the Commissioners of the town's Water District seeks to rescind Article 21 approved by a 4/5ths vote at the May 7, 2007 Town Meeting. Article 21 was offered 1 as an amendment to the Mashpee Home Rule Charter which, if approved, will require that beginning in 2009, the elections for Mashpee Board of Water Commissioner will be at the same "s time, date and location as the Mashpee town elections. While the Commissioners publicly have stated they support conducting their elections coincidental with the general town elections, there opposition is based on"the manner on which Article 21 was worded(which) creates a great r, number of problems, financial and otherwise, for the Town and the Water District". The assumption or fear is that somehow within the wording of the amendment, the Water District is going to come under the control of the Board of Selectmen, and therefore lose its autonomy, independence and authority to run the water district, set water rates, collect district taxes and ,.a issue bonds and notes for capital projects. In a letter dated January 17, 2008 to the Board of Selectmen from Michael P. Curran, Esq., the attorney who worked with the Mashpee Charter Commission during the drafting of the Home Rule Charter approved at Town Meeting in May 2004, and who assisted in the drafting of Article 21, stated the following in an opinion letter to the Selectmen: The proposed amendments in Article 21 do not `establish', nor do they incorporate the Water District into the town's executive branch. Nothing could be further from the truth. There is no basis in the text of the amendment proposed to.....support the conclusion which is stated in each of the opinion letters you have received concerning this matter. Quite the contrary, the proposed charter amendment...recognizes the Water Commissioners are not 'town officers', but recognizes them to be `officers or representatives of regional authorities or districts'. ! According to Mr. Curran, the Water District's concern has no basis in fact or law. The second point is relative to the procedure to amend a Home Rule Charter. Amending a Charter is a two step process: Step 1 requires that an Article proposing an amendment be presented at Town Meeting. To be approved, it must receive a 2/3rds vote. If it fails to receive that majority, the amendment fails. ! However, if it does receive the 2/3rds vote, Step 2 requires that it must then be placed on the ballot at a subsequent town election. If the ballot question is defeated by a majority, the amendment fails; if it is approved by a majority, the amendment is approved and becomes town law,just as an amendment to the U.S. Constitution becomes federal law. In Mr. Curran's opinion "...the procedure for charter amendment is specifically set out in detail in the, so- called, Home Rule Amendment to the state constitution and the procedure does not include provision for a reconsideration vote by the town legislative body and that such a vote would be unconstitutional' Note: The voters at Town Meeting are the "town legislative body" in Mashpee. 14 24