10/27/2025 CHARTER REVIEW COMMITTEE Minutes (2)

Home Browse Search

CHARTER REVIEW COMMITTEE Regular Session Minutes October 27, 2025 o Legal Counsel's opinion was that, per Section 7.7 of the Charter, the current Committee's or is complete upon making its final report to Town Meeting, and the next periodic review begins on each year ending in "3" (i.e., 2023, 2033, etc.). o Discussions noted the lack of a clear, documented process for issuing a "final report." o Recognized ambiguities in what constitutes completion and public communication of the Committee's status and recommendations. o Expressed desire to leave better procedural clarity for the next committee. o Highlighted that records, including books and reports, should be passed to future members for continuity. Timeline for Further Amendments o Articles passed at the October Town Meeting will go to the Ballot in May 2026; after approval, they proceed tote AG's office. a Any further new articles not yet finalized would need to be introduced at the May Town Meeting, but those could not be voted on until the subsequent election (May 2027), raising concern out the staleness and viability of continuing additional work that would not be acted upon for another year and a half or more. Definition and Calculation of Quorum o Committee sought clarification on whether "all members" means all current (active) office holders or the total authorized number of members, irrespective of vacancies. o Discrepancy identified between Section 1.7 and Section 7.8 of the Charter regarding how a quorum is defined: • Section 1.7: "Majority of all members of a multiple member body." • Section 7.8: "Majority of the members...then in office." o Open Meeting Law references "simple majority of members of the public body." o Past practice has been consistent with prior legal advice, as well as practical benefits for ongoing board functioning. 0 Noted variance in practices among boards/committees with associates and alternates, especially Planning Board, Conservation, and Zoning Board. o Consensus formed that "then in office" or "all members" should mean active, sworn-in members (excluding vacancies, resignations, etc.). o Chair to confer with legal counsel for definitive/written confirmation on the interpretation of quorum as"majority of members then in office" (active members only), per Section 7.8. and, additionally, how alternate and associate members should be considered. Motion by McKelvey that, on the advice of legal counsel, the business of this Charter Review Committee be closed, with the understanding that clarification is needed on KP Law's memo dated October 24, 2025 relative to quorums of a public body Motion seconded by Sherman