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Judit DeStefano 3 PRIMROSE STREET
Ryan Knapp NEWTOWN, CT 06470
Chris Eide TEL. (203) 270-4201
Andy Clure FAX (203) 270-4205
Jordana Bloom www.newtown-ct.gov
Phil Carroll
LEGISLATIVE COUNCIL
CHARTER REVISION CHARGE COMMITTEE
LEGISLATIVE COUNCIL
CHARTER REVISION CHARGE COMMITTEE MEETING
COUNCIL CHAMBERS, 3 PRIMROSE STREET, NEWTOWN, CT
VIA Teleconference
Thursday, February 11, 2021
MINUTES
PRESENT VIA TELECONFERENCE: Judit DeStefano, Ryan Knapp, Chris Eide, Phil Carroll,
Jordana Bloom (7:49), Andy Clure (7:49). Also present: Paul Lundquist; Dan Wiedemann
ABSENT:
CALL TO ORDER: Ms. DeStefano calls the meeting to order at 7:37 pm.
MINUTES: Postponing approval of 2/9/2021 minutes until next meeting.
COMMUNICATIONS: Email from Mr. Knapp, Ms. Bloom, Ms. Reiss (all attached)
VOTER COMMENT: Mr. Wiedemann recommends all communications be forwarded to all LC
members.
Continued discussion of Charter Revision Charge
Mr. Knapp shares his research on what other towns do. Most have Y shaped structure with BOF
doing what our LC does in respect to fiscal approval (this body is usually called BOF), but having
ordinance set by a different body.
o Most do not have the 3 step process which Newtown has and used to have in the past
(prior to 1996 certainly)
o Our council is bigger than most communities but has more responsibility
o LC functions in Newtown in many ways as the BOF with added responsibility of setting
ordinance.
Ms. DeStefano suggests concept of renaming might be valuable – Board of Finance and
Legislation? This more accurately reflect what the board actually does and indicates a merger of
boards.
o Might be confusing or be misconstrued as re-appropriation of authority.
Mr. Knapp speaks to Ms. Reiss’ email re: BOS as it pertains to ordinance; process should
originate from stakeholders (BOS).
o Ordinances should originate at BOS or request be made at BOS.
o Should be sunset clause on some ordinances if they are not overwhelmingly supported.
o Should be reviewed if not fully supported.
o Mr. Carroll and Ms. Bloom speak against the concept, saying the LC is authority for
ordinance setting and process shouldn’t be hindered and is a fair, democratic process as it
LEGISLATIVE COUNCIL
If you plan to attend this meeting and require assisted hearing devices, please contact the
Office of the First Selectman (203) 270-4201 at least forty-eight (48) hours prior to the
meeting.
stands.
o Mr. Lundquist feels adding a layer to the process is superfluous.
Speaking to the clerk position being appointed as opposed to elected, Ms. Bloom reviews some
research.
o Mr. Lundquist speaks to advantages of clerk becoming hired.
o Ms. Bloom’s largest concern is that the person in the seat be a Newtown resident.
o Mr. Wiedemann questions if we couldn’t give preferential treatment to Newtown
residents even if clerk is town hire role.
o There should be a change in accountability in the role but there is concern there will not
be support to change the position to that of a town employee.
BOF deliberation.
o Many of the roles of the Board of Finance are redundant and the board can be merged
with LC.
o Discussion of the merit of an appointed body being formed.
o Mr. Knapp states that communication and advocacy drive change; an appointed
committee could have weight.
o If charge includes eliminating BOF, whether or not advisory appointed role be formed
can be left to Charter Revision Commission.
Appropriations issue – How to separate emergency and special appropriations. Example:
Emergency appropriations shall be deemed “emergency” by the LC with a majority vote.
Emergency appropriation funds don’t count towards the 1 mil cap limitation for appropriations.
o We can develop a regulation to define what is/isn’t an emergency.
o Could mandate a supermajority vote.
o Could include language such as: an emergency is constituted when a case has immediate
impact on the health and safety of residents (exigent circumstances).
Before next meeting, descriptions should be translated to charges.
Review of Charge, line by line (updated charge spreadsheet attached). Non-priority and excluded
items moved to separate tab.
ANNOUNCEMENTS: None
Voter Comment: None
ADJOURNMENT: There being no further business, Mr. Eide moves to adjourn the meeting at 11:20;
Second by Mr. Carroll. All in favor.
Respectfully submitted,
Judit DeStefano
Chairperson, Charter Revision Charge Committee
THESE MINUTES ARE SUBJECT TO APPROVAL BY THE LEGISLATIVE COUNCIL CHARTER
REVISION CHARGE COMMITTEE AT THE NEXT MEETING.
Received via email from Cathy Reiss
Thu, Feb 11, 4:39 PM (2 days ago)
Given that it’s the responsibility of Newtown’s Board of Selectmen to review “the present and future
needs of the Town,” and that they are responsible for the enforcement of ordinances, they should play a
role in ordinance requests.
Therefore, as a member of the Legislative Council, I would like to propose a charge for the Charter
Revision Commission:
- All ordinance requests will originate at the Board of Selectmen, where the selectmen will review
the issue being addressed as it relates to Newtown, its residents, its commerce, and its
aesthetics; and then determine whether the requested ordinance
o is consistent with and not detrimental to the needs of the Town,
o belongs at the municipal level, rather than at the state level,
o is optimal versus alternative solutions to the issue
o can effectively be enforced
- If the ordinance request is approved by the Board of Selectmen, then the Board of Selectmen
will bring the request to the Legislative Council.
To ensure new ordinances have broad-based support, I would also propose this charge:
- If an ordinance is approved by the Legislative Council with fewer than 9 votes or strictly along
party lines, then the ordinance must contain a sunset provision whereby the ordinance will
expire in three years, unless a super-majority of the Legislative Council approves an extension to
the sunset date.
Information for Discussion Tomorrow Inbox
Ryan Knapp (sent by [email protected]) Wed, Feb 10, 5:51
to me, Paul
Hello Judit,
In researching the BOF/LC question I looked at nearby towns and our past practices. Not sending this to start a discussion, rather to share information through you, the Chair, so thahead of the meeting as I plan to speak to it.
While the nomenclature changes, I found most neighboring towns use a model of budgeting, capital planning and appropriations where the are essentially three boards where the pmeaning the BOE and executive body (BOS, but Town Council in Monroe) move actions to their fiscal authority (BOF in most towns) before, if required, it passes onto the voters thrMeeting.
Prior to the formation of our BOF, Newtown operated under this model and the LC was a BOF in everything but name. This difference is likely because Newtown vested legislative aother communities gave that authority to make ordinances to their equivalent of our Board of Selectmen. Danbury and Ridgefield have their respective districted bodies make ordinaexplains why we have 3 and 12 members, rather than something like 5 and 7. Hypothetically, if that legislative authority were transferred to the BOS, the LC as it currently functionstate understands it.
The Bee recently had two quotes in The Way We Were that mention the budget process 25 years ago:
Feb 23rd 1996: “Calling it a bare-bones plan, First Selectman Bob Cascella Wednesday night presented the Legislative Council the proposed 1996-97 municipal budget ofover the current year. Mr Cascella said he deleted $1.7 million in requests by department heads before producing his budget. The Board of Selectmen also cut another $6on a 2-1 vote last month”
https://www.newtownbee.com/02052021/the-way-we-were-203/
From Feb 16, 1996 “Newtown’s Board of Education unanimously passed a $28.5 million operating budget for 1996-97 Tuesday night —untouched and uncut. Next year’s increase over the current budget, now heads to the Legislative Council, which will begin deliberations in March.” https://www.newtownbee.com/01292021/the-way-we-wer
That process we had in the 90s was very similar to how many of our neighbors operate, often with smaller bodies. Through it's simplicity it addresses many of the concerns about rbeing clear about roles and authority.
Redding
Board of Selectmen/First Selectman, 3 member, Town activities, ordinancesBoard of Finance, Recommends budget to Town Meeting, sets mill rate, approves appropriations, arranges for audit, publishes Town Report
Monroe:
First Selectman, No BOS, 9 Member Town Council that does ordinances, accepts roads, makes appointments, etc (the role of the BOS in other towns)6 Member BOF elected to 4 year termsTown Council creates and sends a Town budget to BOF as Newtown used to with from BOS to LC.
Southbury:
Elected First Selectman and BOS, 6 members including First Selectman, elected to two year termsElected BOF, 6 members, 3 alts. Staggered 4 year termsBudget goes from Selectman, to BOF to voters
Bethel
Board of Selectmen, 3 member BOS, BOS budget, OrdinancesBoard of Finance, 7 members, 4 year over lapping terms, budget and appropriations
Brookfield
First Selectman/BOS, 3 members, every 2 years, Town budget, ordinances, investigations, appointments BOF, 6 members, 4 year terms, gets budget from BOS, sends to referendum
Ridgefield
Board of Selectmen/First Selectmen, 5 members including First SelectmanBoard of Finance, 5 members on 4 year terms
Oxford
Town meeting, legislative body of Oxford, approve ordinancesBOS presents items like ordinances to Town Meeting BOS (3) members including First Selectman, proposed budgets, ordinances, etc to Town Meeting
Board of Finance - reconciles budgets of BOS and BOE prior to presentation to Town Meeting
Two interesting examples were Danbury and Fairfield. Danbury has a very large City Council the Mayor works with. Fairfield has a third body called the RTM which can have up toordinances and has the authority to hear and determine appeals of the BOF's decisions.
Fairfield
Board of Selectmen (4 years), 3 members including First Selectman, executive authority, contracts, appointments Board of Finance (6 years), 9 members, appoint auditors, hear budgets, assessmentsRepresentative Town Meeting (2 year terms) by voting districts, no more than 56, members, legislative power (ordinances), authority to hear and determine appeals from d
Danbury
Mayor (4 year terms)22 member City Council, combination of districts and at large. approve ordinances and budget
I also thought it was relevant to another potential charge item that many of these towns have elected Clerks. Unrelated, but what jumped out at me was that almost all these towns appointed body; I guess I am just so used to it being elected.
I hope this helps. Talk to you tomorrow,
-Ryan--
Ryan W. KnappLegislative CouncilTown of Newtown
Judit DeStefano <[email protected]>
Town clerk
Judit DeStefano <[email protected]> Thu, Feb 11, 2021 at 3:03 PMTo: Ryan Knapp <[email protected]>, philipcarroll <[email protected]>, Chris Eide<[email protected]>, Andy Clure <[email protected]>Cc: Paul Lundquist <[email protected]>, jordana bloom <[email protected]>
From Jordana for tonight's conversation...
---------- Forwarded message --------- From: jordana bloom <[email protected]> Date: Thu, Feb 11, 2021 at 1:59 PM Subject: Town clerk To: [email protected] <[email protected]>
Town Clerk
Many believe that the Town Clerk’s office is the center of town government, where the public and government meet. The Town Clerk’s office, likely more than anywhere else in Newtown, is where residents have direct contact with elected officials. Townspeople visit for all forms of licenses, absentee ballots, copies of town documents, and many other vital records.
I believe this central hub of government should be directly accountable to the voters without the influence of politics or any body that might appoint them. The danger of cronyism and political partisanship is very real, and we want to ensure that whoever holds this position can be held accountable to the town via election.
The majority of our neighboring towns elect their town clerks. 121 towns in Connecticut elect their town clerk, while only 48 appoint them. Though larger towns and cities might benefit from the efficiency of having an appointed position, Newtown does not require this and would instead benefit from encouraging continued engagement in the community.
In order to be elected, you must be a resident of the town. If we choose to appoint rather than to elect the Town Clerk, we could ultimately be giving a respectable job to a non-Newtown resident. By keeping the position elected, we will be giving a high-paying, commendable job to a resident who has a finger on the pulse of Newtown and a connection with the citizens they are representing. Maintaining this elected position and giving a resident an opportunity to run for the role would also incentivize townspeople to vote and remain active in the political process.
Given 94% of all town clerks in CT are women, we would also be supporting a paid, elected position that would empower more women to get involved in their communities.
Town clerk’s office is a hybrid of town and state responsibilities and functions. It is less effective if run by either the town or the state rather than both. Because of the dual nature of these responsibilities, it is easier not to be beholden to just your town leader.
Office of Legislative
Research
Research
Report January 9, 2015 2015-R-0009
Phone (860) 240-8400
http://www.cga.ct.gov/olr
Connecticut General Assembly
Office of Legislative Research Stephanie A. D'Ambrose, Director
Room 5300
Legislative Office Building
Hartford, CT 06106-1591
TOWN CLERKS’ SELECTION METHODS AND TERM
LENGTHS
By: Terrance Adams, Associate Analyst
ISSUE
Which municipalities elect their town clerk? Which ones
appoint the clerk? What is each clerk’s term length?
SUMMARY
According to information provided by the Office of the
Secretary of the State (SOTS) and a review of selected
municipal charters, 121 municipalities elect their town
clerk, and 48 appoint the clerk. Seventy-seven town
clerks serve four-year terms, 51 serve two-year terms,
38 serve for an indefinite period, two serve terms coterminous with the town’s mayor, and one serves a six-year term.
Clerks who serve for an indefinite period do not have specified term lengths. Such
clerks include those who (1) serve at the pleasure of the appointing authority or (2)
may be removed only for cause.
Table 1 indicates, for each municipality, (1) whether the town clerk is elected or
appointed and (2) the clerk’s term length, if applicable.
Table 1: Town Clerks’ Selection Methods and Term Lengths
Municipality Selection Method Term Length
Andover Elected 4
Ansonia Elected 2
Ashford Appointed 4
Avon Appointed Indefinite
Barkhamsted Elected 4
Beacon Falls Elected 4
Berlin Appointed Indefinite
Bethany Elected 4
TOWN CLERKS
State and local laws govern
town clerks' duties and
responsibilities. Generally,
they are considered the local
government official in charge
of public records, vital
statistics, and licensing. They
also play a role in election
administration, especially absentee ballot procedures.
Table 1 (Cont.)
January 9, 2015 Page 2 of 5 2015-R-0009
Municipality Selection Method Term Length
Bethel Elected 4
Bethlehem Elected 4
Bloomfield Appointed Indefinite
Bolton Appointed Indefinite
Bozrah Elected 4
Branford Elected 2
Bridgeport Elected 4
Bridgewater Elected 4
Bristol Appointed 4
Brookfield Elected 4
Brooklyn Elected 2
Burlington Appointed Indefinite
Canaan Elected 4
Canterbury Elected 4
Canton Appointed Indefinite
Chaplin Elected 2
Cheshire Elected 2
Chester Elected 4
Clinton Appointed 2
Colchester Elected 4
Colebrook Elected 2
Columbia Appointed Indefinite
Cornwall Elected 2
Coventry Appointed Indefinite
Cromwell Elected 2
Danbury Elected 2
Darien Elected 2
Deep River Elected 2
Derby Elected 4
Durham Elected 4
East Granby Appointed Indefinite
East Haddam Elected 2
East Hampton Appointed Indefinite
East Hartford Appointed Coterminous with
mayor
East Haven Elected 2
East Lyme Elected 4
East Windsor Appointed Indefinite
Eastford Elected 4
Easton Elected 2
Ellington Appointed Indefinite
Enfield Appointed Indefinite
Essex Elected 4
Fairfield Elected 4
Farmington Elected 4
Table 1 (Cont.)
January 9, 2015 Page 3 of 5 2015-R-0009
Municipality Selection Method Term Length
Franklin Elected 2
Glastonbury Appointed Indefinite
Goshen Elected 2
Granby Appointed Indefinite
Greenwich Elected 2
Griswold Elected 4
Groton Elected 4
Guilford Appointed Indefinite
Haddam Elected 4
Hamden Elected 2
Hampton Elected 2
Hartford Appointed Indefinite
Hartland Appointed 4
Harwinton Elected 4
Hebron Elected 4
Kent Elected 4
Killingly Appointed Indefinite
Killingworth Elected 4
Lebanon Elected 4
Ledyard Appointed Coterminous with
mayor
Lisbon Elected 4
Litchfield Elected 4
Lyme Elected 2
Madison Appointed Indefinite
Manchester Elected 4
Mansfield Appointed Indefinite
Marlborough Elected 4
Meriden Elected 4
Middlebury Elected 4
Middlefield Elected 2
Middletown Appointed Indefinite
Milford Elected 2
Monroe Elected 2
Montville Appointed Indefinite
Morris Elected 4
Naugatuck Elected 2
New Britain Elected 4
New Canaan Elected 2
New Fairfield Elected 4
New Hartford Elected 4
New Haven Elected 2
New London Appointed Indefinite
New Milford Elected 4
Newington Appointed Indefinite
Table 1 (Cont.)
January 9, 2015 Page 4 of 5 2015-R-0009
Municipality Selection Method Term Length
Newtown Elected 4
Norfolk Elected 4
North Branford Appointed Indefinite
North Canaan Elected 4
North Haven Elected 2
North Stonington
Elected 2
Norwalk Elected 2
Norwich Appointed 2
Old Lyme Elected 4
Old Saybrook Elected 4
Orange Elected 2
Oxford Elected 4
Plainfield Elected 4
Plainville Appointed Indefinite
Plymouth Elected 4
Pomfret Elected 4
Portland Elected 4
Preston Elected 2
Prospect Elected 2
Putnam Elected 2
Redding Elected 2
Ridgefield Elected 4
Rocky Hill Appointed Indefinite
Roxbury Elected 4
Salem Elected 2
Salisbury Appointed 4
Scotland Elected 2
Seymour Appointed Indefinite
Sharon Elected 4
Shelton Appointed 2
Sherman Elected 2
Simsbury Appointed Indefinite
Somers Elected 4
South Windsor Elected 4
Southbury Elected 4
Southington Elected 6
Sprague Elected 2
Stafford Elected 2
Stamford Elected 4
Sterling Elected 4
Stonington Elected 2
Stratford Appointed Indefinite
Suffield Elected 4
Thomaston Elected 4
Table 1 (Cont.)
January 9, 2015 Page 5 of 5 2015-R-0009
Municipality Selection Method Term Length
Thompson Elected 2
Tolland Appointed Indefinite
Torrington Elected 4
Trumbull Elected 2
Union Elected 2
Vernon Appointed Indefinite
Voluntown Elected 2
Wallingford Appointed Indefinite
Warren Elected 4
Washington Elected 4
Waterbury Elected 2
Waterford Elected 4
Watertown Elected 4
West Hartford Elected 4
West Haven Elected 2
Westbrook Elected 4
Weston Elected 4
Westport Appointed Indefinite
Wethersfield Appointed Indefinite
Willington Elected 4
Wilton Appointed Indefinite
Winchester Elected 2
Windham Appointed Indefinite
Windsor Appointed Indefinite
Windsor Locks Elected 4
Wolcott Elected 4
Woodbridge Appointed 4
Woodbury Elected 4
Woodstock Elected 2
Total Elected
2-year term 48
4-year term 72
6-year term 1
Total Appointed
2-year term 3
4-year term 5
Coterminous with mayor
2
Indefinite 38 Source: SOTS and municipal charters
TA:tjo/jk
DRAFT - 2/11/2021Active Items
1-25(a)7 BOE
Replace the term “Town Department” with “Appropriation Assignee,” “Newtown Agency” or another term that more clearly focuses on the assignment of funds. Review the following sections that currently reference “Town Department” to determine whether the language accurately applies to the Board of Education and current practices.
Reference BOE Rec doc, each reference detailed: 1-05(a); 4-05(c)(1); 4-05(c)(3); 6-05(b); 6-10(a); 6-40(a); 7-05(b); 7-05(d); 7-15(a); 7-15(c); 7-15(d); 7-15(e); 7-15(f); 7-25(b);
2/11 - Add clarification (add including BOE) when applicable or defer to state statute? Does this change interfere with readability? (Issue in last charter) Is there an issue in leaving as is?
2Fairfield Hills Authority
Purpose, membership, terms should be outlined in the Charter; mirroring descriptions of other permanent commissions.
12/27/2021: Ross Carley/Dan Rosenthal mare Rec in meeting. Review charter prior to current for guidance.
2-01 BOSFor boards with their own by-laws, clarification that the Charter and/or State Statute prevails. Follow up with Dan - why? or add to 2-01(c)
2-01(d) BOE
“The First Selectman shall be an ex officio member of all Town Bodies, but without vote and not..." Should the Board of Education be excluded from this? It seems inconsistent with the Newtown government structure in which the Board of Selectman have a role parallel to the Board of Education, and the Superintendent has a role parallel to the that of the First Selectman?
In practice this does not happen. But no voting authority, is there harm? Charge can be "consider if this should be removed" Reasonable to have the select person present on certain topics: ie fascilities. shared services.
2-15 LCShould members of elected boards be restricted from concurrenty serving on other (appointed) boards; review term limits and term structure of boards.
2-160BOS / Police Commission Police Commission should be noted as the Civilian Review Board.
12/27/2021, D. Rosenthal - clarify it qualifies as the Civilian Review Board (to comply with state’s Accountability Bill – passed Oct. 1)
2-210 BOS Is Building Appeals Board necessary?
2-25(a) BOE/BOF/LC
Review “It shall be the duty of every member present at any Town Body meeting to vote affirmatively..." There may be times when abstaining is appropriate. For example, when a person was not present for discussion. This is currently done in practice.
Per BOF Doc: The Board of Finance agrees that the Charter should clearly allow for additional abstentions other than conflict of interest.
2-275
Sustainable Energly Commision
Add “and a reduction in environmental impact” in description, to read in full: Sustainable Energy CommissionSummary of General Responsibilities: The Sustainable Energy Commission shallidentify, implement and support renewable energy use, energy efficiency, energyconservation programs and strategies for sustainable material use and recycling inwhich the Town’s residents, businesses, organizations, and Town agencies canparticipate and that may result in cost savings and a reduction in environmentalimpact for the Town or school districtMembership and Terms:The Commission shall be composed of nine members.The term of office shall be three years. 12/27/2021: Suggestion via email reviewed in CRCC meeting.
2-305 and 2-310, BOS
Mention that the Lake Authorities, Section 2-305 and 2-310, include members from other towns.
2-31 BOE
outlines procedures for filling vacancies on elected Town bodies Should the statute that is applicable to the Board of Education (C.G.S. §10-219) be referenced in the same way as the statute that applies to the Board of Selectman is referenced?
2-31 / 2-32 LC
Consideration of term “unaffiliated” when filling mid term vacancy which could disqualify prospects who are members of a party other than two major parties. There is concern that this could be used as process to subvert minorty representation. 1/13/2021 as per Bruce Walzyick (Sp)
2-32(a)(1) LC and BOS Increase 45 days to fill a vacancy to 90 days. (Note, 45 days is not actually 45 days) 1/13/2021: Time to fill vacancies to extend to 60 or 90 days; consideration of term “unaffiliated” when filling mid term vacancy which could disqualify prospects who are members of a party other than two major parties.1/27/2021 per D. Rosenthal
3-15(b)LC and BOE and BOF
Newtown Ordinance 124 should be merged into the Charter, specifically calling out that § 9-204b of the Connecticut General Statutes applies.
12/9/2020: Board of Education election process. Issue was that our language needed to call out statute. CT General Statute 9-204b to be referenced. Dealt with in ordinance prior to last affected election but could be codified in Charter, ordinance then should be redacted.
Per BOE doc: When a revised charter is filed with the State, a statute governing BOE elections must be indicated. For the 2016 Charter filing, Connecticut General Statute § 9-204 was selected to apply, impinging on number of candidates a party could put forth on the ballot and number of candidates electors couldvote for. This was an unintended restriction on the ability of voters to vote for BOE members. As a result, the Legislative Council enacted Town Ordinance 124 to address the issue. When the next revision of the Town Charter is filed with the state, the effective BOE elections statute will likely again be selected as a part of the filing process.
Per BOF Doc: The Board of Finance agrees that a multi-board process governing the BOE Non-Lapsing Account should be defined (likely at a joint-committee meeting with members from the Legislative Council and those already selected from the BOE and BOF). The Board of Finance also agrees that the Charter clarify that funds deposited to the Non-Lapsing Account do not apply to the Legislative Council’s appropriation authority.
4-05(8) BOS Delete “five year” CIP section - Will allow for flexibility to change over time.
4-05(c) BOE
“(9) Prepare a cost analysis of all labor contracts, pension plans and insurance plans prior to the signing of any such contracts or plans; and(10) Assist in all labor negotiations serving as a consultant to the labor negotiators representing the Town.” The Board of Education conducts a separate negotiation process.
Ensure that it is clear that these apply only to the town, and not the BOE.
5-10(a) BOE
“... Any proposed regulation, amendment or repeal shall be referred to the Board of Selectmen for comment or consultation prior to action. A similar reference shall be made to the Board of Education or other Town Body if its interests is affected. All regulations regarding financial matters shall be referred for review and recommendation to or may originate from the Board of Finance prior to action. Referrals can be acted on by the Legislative Council after 90 days. Such financial regulations shall also be referred to the Board of Selectman and the Finance Director prior to action.” The last sentence of the paragraph does not include the Board of Education, yet the Board of Education should review and have the opportunity to provide input on financial regulations that might affect Board of Education operations. Recommendation is to add the BOE to the language.
6-20(f) 2 BOE
“Prior to subsequent budget referenda, if any, amendments made by the Board of Selectman and/or the Board of Education to budget proposals shall not be exceeded by the Legislative Council.” Recommendation: Clarify / meaning unclear
Meaning is not clear. But can section be stricken? Is it a necessary limitation on LC authority?
6-35 LC
Appropriations - Carifying what constitutes 1 year (ie: does it count when project is appropriated as calendar or fiscal year). Something sent to appropriation in April 2020 count towards FY 2020 or 2021? 1/13/2021 Meeting Mins.
6-35 ? LC and BOS
Separate emergency and special appropriations. Example: Emergency appropriations shall be deemed “emergency” by the LC with a majority vote. Emergency appropriation funds don’t count towards the 1 mil cap limitation for appropriations. 12/9/2020: Appropriations by LC - no distinction made between special and emergency appropriations in respect to cap and limits – could lead to appropriation cap being met very early in the year; or worse, an inability to address emergency needs.
1/13/2021: Emergency appropriations – defining and separating emergency and special appropriations. Could funding source be included in definition (fund balance as source does not affect tax payer in the same way a bonded project does)
1/27/2021: D. Rosenthal makes Rec. (see mins)
oWe can develop a regulation to define what is/isn’t an emergency. oCould mandate a supermajority voteoCould include language such as: an emergency is constituted when a case has immediate impact on the health and safety of residents (exigent circumstances).
6-35 (b) BOE
Consider whether town Charter Section 6-35(b) and (c) should be amended to include the Board of Education as a possible initiator of Special Appropriations. Concerns includes: bonding cost is incurred on the BOS side, so Finance Director director and BOS.
Rationalle per BOE doc: The appropriations process as outlined in 6-35(b)-(c) does not include the Board of Education. This is not consistent to that of budgetary and CIP appropriations. For budget appropriation requests, both the Board of Selectmen and the Board of Education prepare their respective requests, and provide those requests to the Board of Finance. For the Capital Improvement Plan (CIP), newly amended, the Board of Selectmen and the Board of Education also prepare their respective requests, and provide those requests to the Board of Finance. These processes suggest that the BOE regularly initiates appropriation requests.
6-35(e) BOS
Only appropriations in excess of 1.5m with taxpayer impact in excess of 1.5m should go to referendum (i.e. EDA FFH Sewer Project $900k grant & 900k bonded and funded through assessments) 1/27/2021 Reviw with D. Rosenthal
Ch. 8 LC/BOS Clarification in respect to land use; acquisition and disposition of property
12/9/2020: Land use; acquisition and disposition of property. What happens when town sells a building but owns land? The charter deals with leasing and disposition, but how is it addressed if land is town-owned and building is privately owned? Look to NYA for reference?
Charter Section Requested by Recommendation Description of Issue
DRAFT 2/11/2021
Recommendation: Regulations approved by the Board of Finance (no secondary approval by the Legislative Council is necessary) shall designate forms and procedures...
Items Removed from Charge Consideration Rationale
RClearly define the “fiscal authority” and “appropriations authority” for Newtown. Reference BOE Rec doc.
2 BOSClarification on appointed positions, which ones require Newtown residency, which ones don’t. Lake authorities - "Otherwise specified" in code book. Does not need to be specified in charter.
2 BOSConsideration of the Town Administrator (Reports to Board of Selectmen) or Town Manager (Reports to Legislative Council) concept.
2-01(c) BOEReview whether it is necessary for the Board of Education to file bylaws with the Town Clerk. Reference BOE Rec doc
2-105 LC Do away with LC Districts
12/9/2020: LC districts – are they obsolete at this point? LC as currently structured mandates representation geographically. This change would allow for more significant minority representation; and the LC members do represent one town. Some members feel there is merit to districting because they know and can advocate best for their district. It’s also noted, the LC is the only districted (not town-wide) body.
2-125 BOF
Recommendation: The General Responsibilities of the Board of Finance should be adjusted to lean on policy and long-term objectives. The BOF should not be responsible for the recommendation of a Budget (allowing the budget to go directly to the Legislative Council) although the BOF may advise the BOS and BOE during the budget process. The BOF should prescribe preferred financial practices and obligations for all Town Bodies. The BOF should no longer review transfers or grants (as those reviews will continue to be done at by the Legislative Council).
4-05(c1) BOFRecommendation: The Board of Finance should approve regulations (no secondary approval by the Legislative Council is necessary).
5-10(a) BOF
Recommendation: All regulations regarding financial matters shall be the duty of the Board of Finance. The Legislative Council would be responsible for non-financial regulations. It would probably be easier to split 5-10(a) into 5-10(a)(1) for Financial Regulations and 5-10(a)(2) All Other Regulations.
5-10(b) BOF
The development of the Capitol Improvement Plan and any subsequent amendments shall be the duty of the Board of Finance (removing the Legislative Council). This will allow the BOF to focus on the financial impact of recommend CIP items. The Legislative Council will always have the option not to appropriate funds for those items on the CIP giving them the choice about what is actually funded without the repeated review of the estimates and long-term financial timing.
6 LC, BOE, BOF Resolve BOF/LC redundancy
12/9/2020: BOF and LC redundancy – BOF in the past functioned to establish systematic change; role was to be thought leaders and doing research/setting long term plans. Currently much of the work done by the BOF is duplicated by the LC. The appropriation and budget process are cumbersome and slower than necessary. Suggestions include: (1) Making them an appointed body (potentially more objective/less political) would look at CIP and debt service and advise the LC; role would be reassessed and overhauled. (2) Merge LC and BOF; fold BOF into finance and admin committee of LC, potentially add seats to LC? (3) Alternatively, empower BOF with authority in respect to town finances. Mr, Lundquist suggests starting the discussion but considering this for a future revision or a separate, stand-alone charter revision effort.
Per BOE doc: Because the Newtown Charter prescribes both a Board of Finance AND an “authority making appropriations” (i.e. Legislative Council), there is redundancy in processes and duplicated efforts. Annually, district personnel and elected officials spend much time deliberating over budgets, Capital Improvement Plans and other financial decisions. The Education Subcommittee of the Legislative Council or the Legislative Council as a whole often repeats the process that the Board of Finance conducts. The Legislative Council can and sometimes does override the decisions of the Board of Finance. Recommendation is to Review the purpose, cost and benefit of the additional layers of evaluation.
Per BOF Doc: The Board of Finance agrees that the purpose and benefit of the additional layers of evaluation be reviewed. [Specific BOF recommendations on that review are detailed above.]
6-15 BOF
Remove Town Charter 6-15 and adjust other sections to bypass the Board of Finance in the Budget process. Items in 6-15 (c)(3) would be managed by the Finance Director in 6-10. The timeline of the Budget process could also be reduced to starting 3-4 weeks later in January.
6-40(a) BOF
A Financial Impact Statement shall be submitted to Legislative Council for review of any requested grants or other forms of financial assistance (the Board of Finance review is unnecessary).
BOF
note: This recommendation was not discussed by the Board of Finance but was found by the Chair when reviewing the Town Charter citations. The Chair believed it was consistent with the goals of the Board of Finance discussions.): The Board of Finance shall be responsible for the audit of the books and accounts and said audit shall be accepted by the Board of Finance (the Legislative Council is responsible for the budget and appropriations so it makes sense to remove it from the responsibility of Auditing those actions).
BOFThe Board of Finance should approve regulations (no secondary approval by the Legislative Council is necessary).
BOF
BOFPurchasing procedures approved by the Board of Finance (no secondary approval by the Legislative Council is necessary) shall be followed.
BOF
The Legislative Council shall approve proposed transfers (the Board of Finance recommendation is unnecessary). This applies to 7-20 (a)(1), (a)(2), (a)(3), and 7-20 (b).
BOFThe Legislative Council shall have thirty-five days to consider a Financial Impact Statement (the Board of Finance review is unnecessary).
2-135 LC Define Town Clerk as hired postions.
12/9/2020: Town Clerk could be a hired, as opposed to elected, position. Most CT towns and Newtown’s peer groups have similar (elected) structure for town clerk; however, there is little or no accountability when an elected official serves in this role as it currently stands. There may be a benefit to it being a democratically elected position; but some feel the position would be better as an appointed one so the clerk reports and is accountable to the First Selectmen as are other hired town employees.
LC
Should term limits be set for various boards – Some thoughts for consideration: Possibly 8 year max for 2-year elected terms, BOE 2 terms in a row. Drawbacks include having limited pool of willing and qualified volunteer candidates and shuffling between boards to meet restriction requirements. Is it really a problem?
6-14(a) BOE
Review voting information to understand whether moving the referendum date or expanding accessibility via absentee or mail-in ballot might increase voter turnout.
Rationalle per BOE doc: “The proposed town budget shall be submitted for adoption at the Annual budget referendum to be held on the fourth Tuesday of April between the hours of 6:00 a.m. and 8:00 p.m.” Historically, a small percentage of Newtown’s voting population votes during budget referenda.Changing the date or accessibility of the referendum might increase voter turnout.
6-40 BOSSet a dollar amount, or if there is no financial impact to the taxpayer, grants or gifts should not have to go through the major bodies. 1/27/2021 Review with D. Rosenthal
7-20 (2) BOSAllow cross department transfers up to a limited dollar amount without havign to go through Board of Selectmen, Board of Finance and LC.