Saturday, June 30, 2007

The Proposed Charter Changes

Below are the proposed changes to the Bethel Charter. I am posting these for your consideration:

Summary of Draft Report on Charter Revision

The following is a summary of significant changes to the current Charter of the Town of Bethel as proposed by the Charter Revision Commission that was established by the Board of Selectmen in May 2006. This summary is intended to assist the residents of Bethel in identifying proposed changes to the current Charter. It is not intended to be a substitute for an examination of the actual proposed changes to the language of the Charter.

C-3-3 and C-7-2 B: The proposed Charter extends the amount of time allowed for the Board of Selectmen to fill vacancies in elected and appointed offices to 60 days. The current deadline of 45 days is tight given the numerous steps required to fill vacancies as follows:

A resignation is filed with the Town Clerk, who notifies the First Selectmen of the vacancy. The vacancy must be filled with an elector who is affiliated with the same political party as the person who resigned from the elected or appointed seat. The First Selectmen notifies the respective Town Committee Chairman. The Town Committee Chairman notifies their Vacancy Committee Chairman who convenes the Committee to identify a candidate for the vacancy. At the next monthly meeting of the Town Committee, the Vacancy Committee's recommendation is presented to the Town Committee for approval. Thereafter, the Town Committee transmits its recommendation to the First Selectmen for consideration at the next semi-monthly meeting of the Board of Selectmen. The timing of the resignation could cause there to be inadequate time for the endorsed recommendation to be delivered to the Selectmen in order for them to act within the required 45 days. The additional 15 days would resolve this tight time frame for filling vacancies.

C-3-12 The Town Clerk position is a professional one that requires training and state certification. It takes approximately 2 years to obtain the certification. It is in the best interest of the Town to have stability in the Town Clerk's office. An elected four-year term is proposed by the Charter Revision Commission to attract a career-minded candidate. It would promote stability in the office while retaining the accountability of elected office. In addition the Charter Revision Commission proposes that a candidate for Town Clerk be elected on the gubernatorial cycle, as is the Bethel Probate Judge. Running with the gubernatorial cycle will better insulate the Town Clerk position from the politics of local elections held in odd numbers years. To transition from the current two-year term to a four-year term, Charter Revision proposes that in November 2007 the Town Clerk position would run for a three-year term. However, if the referendum on Charter Revision is held in November 2007, then the transition language would have to provide for a Town Clerk election in November 2009 to a five year term to align it with the 2014 gubernatorial election.

C-4-7 G The proposed Charter would clarify that the First Selectman is responsible for undertaking Capital Projects on behalf of the Town.

C-5-1 F The proposed Charter would make the First Selectman the permanent chairman of the Procurement Committee. The current Charter already names the First Selectman to the Procurement Committee, but is silent on the chairmanship. It is the current practice that the First Selectman is the Chairman of this Committee.

C-6-3 A2 The proposed Charter takes "reject" out of the powers of the Town Budget Meeting as written in the current Charter. Actually, under current practice, the budget is rejected by not approving the "motion to approve the budget" rather than approving a "motion to reject the budget."

C-6-3 A4 The proposed Charter changes the word "adjourn" to "recess" the Town Budget Meeting in the event that the budget fails to be approved at the Town Meeting. The Town Budget Meeting is then resumed the following evening.

C6-3 B2 The proposed Charter requires that two budget questions regarding the Town Operating budget and the Board of Education budget be presented at the referendum.

C-6-3 B3 The proposed Charter provides for advisory questions on each the Town Operating Budget and the Board of Education Budget.

C-6-3 C1 The proposed Charter provides that in the event of a failure to adopt by referendum the Town Operating Budget and/or Board of Education Budget, the Board of Finance revises the rejected budget(s).

C-6-4 C The proposed Charter requires that prior to considering the sale or purchase of real estate, the Board of Selectmen shall refer the matter to the Planning and Zoning Board. There is no proposed change to the requirement that the Board of Selectmen recommend the action, that the Board of Finance approve the action and that a Town meeting be held. While this has been the recent practice, the Charter should formalize this.

C-6-5 B The proposed Charter eliminates the Town Budget Meeting(s) from the authority to petition to over rule a Town Meeting and send the matter to referendum. In the case of a Town Budget Meeting, the decision is automatically referred to referendum. Also, due to the required time frame for the Budget Referendum, a petition to over rule the Town Budget Meeting could be submitted after the Budget Referendum has been held.

C-7-1 A The current Charter does not list the Youth Commission, Ethics Commission and Permanent Site and Building Commission as permanent commissions that have appointed members. Also under this section separate paragraphs will be drafted to cover the size of each of these commissions and their duties. These paragraphs will become: C-7-8, C-7-9 and C-7-10, respectively.

C-8-13 C.4. The proposed Charter requires that the Town must competitively bid professional services in excess of $30,000, except for Town Counsel. This paragraph was also divided into four sections for clarity.

C-9-1 The proposed Charter requires that elected Boards and Commission annually elect officers (Chairman and Vice Chairman), as part of their first meeting following the first Monday in December. Appointed Boards and Commissions shall annually elect officers after all vacant seats have been filled with new members, but no later than March 31st. The proposed Charter also provides for election of interim officers for appointed boards.

C-9-1 D The proposed Charter requires all boards, commissions and committees to provide for public input at all regular meetings.

C-10-2 D The proposed Charter requires that in preparing the budget that there be a separate report on the Town Operating budget and Board of Education budget.

C-10-F The proposed Charter requires that the recommended budget separate the Town Operating budget and the Board of Education budget.

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