I want to first thank the Town Council for having this work session, and thanks to President Pomfret for allowing me to ask all of my questions.
Here are my notes from the Town Council's 09/08/08 work session about the proposed amendments to our town charter. Also using excerpts “in quotes” from the 08/05/08 Kent County Times article on the charter issues that were discussed at the 07/28/08 Town Council meeting.
“1. Redistricting – relating to Article II, Section 2.05 At the request of the Coventry Board of Canvassers, the Charter Review Commission recommended a charter change to provide for redrawing of district boundary lines every four years —within a year of the gubernatorial election — instead of every two years, as it currently stands. “The board of canvassers’ chairman [Francis J. Perry Jr.] said it was a real difficult thing to do it every two years,” Capaldi said. “A lot of times it doesn’t change a lot in two years; in every four years there may be a change.”
My notes – Per Mr. Perry of the Board of Canvassers, the current time requirement for boundary changes is every two years. Mr. P said that this creates problems for certain voters who live near district boundaries, since each election many people are moved to a different district and then back again the following election. It appears that by approving this amendment, voters would remain in a given district for at least four consecutive years. If approved by the voters, this amendment would take effect on 01/01/2009.
“2. Town council – relating to Article III, Section 3.01 Former Coventry Town Council President Jendzejec recommended that the structure of the town council be changed to add two additional members who would be elected at-large from across the town, Capaldi said.” It gives more of a help to the council and it gives two people the ability to see the big picture. It also helps the voters; it gives people not only their own district person to go to, but also these two people,” he said. The additional members would be elected across the town. The two candidates with the most votes would take the positions. Until the charter was created in 1972, all council members were elected at large, Capaldi said.”
My notes – Since this amendment would take effect on Jan. 1, 2009 if approved, I asked how this change would be implemented. Charter Review Commission Mr. Capaldi did not know, he deferred to the Board of Canvassers. Mr. Perry of the BOC also did not know how this would be implemented. Would there be a special election right away for the two positions or would this not happen until the next scheduled regular election in 2010? Again, no one could explain how this would work.
“3. School Committee – relating to Article IV, Section 4.03The commission recommended the charter be changed such that, if a vacancy occurs on the school committee 12 or fewer months before the next regular election, the vacancy will be filled for the unexpired term by the town council. The current limit for the council to appoint to fill a vacancy on the school committee is six or fewer months before the next election.” The board of canvassers said this would make more sense to have a long period of time instead of a short period of time,” Capaldi said. “It’s less costly than running another election.”
My notes – Some reasons given for this proposed amendment were to lessen confusion among the voters, to give candidates more time to run for office and this move might also lessen the need and hence the cost of a special election.
“4. Town Manager – relating to Article V, Section 5.01 The current charter requires a candidate for town manager to hold, at minimum, a master’s degree in business administration from an accredited college or university and to have spent at least three years as the manager of some city, town, or county; or, that the candidate have a minimum degree in public administration from an accredited college or university with special preference to actual experience in respect to the duties of the office. The commission recommended allowing consideration of town manager candidates who have Bachelor of Arts or Bachelor of Science degrees and at least three years experience in administration, not specifically management, in some city, town, or county.” I cannot remember who suggested it,” Capaldi said. “But I personally am in favor of changing — not lessening — the standards, but giving the council more leeway in selection. It’s wise to have a degree [requirement] that is more open — [a candidate] still needs the experience in town government, but it gives the council more freedom.”
My notes – I asked if the standards were being lowered, and the answer was yes. Current standard is a master’s degree in public administration is required; the new standard is a Bachelor of Arts degree plus at least 3 years experience in city, town or county government or a minimum degree in public administration. The reasoning here is that lowering the standards would enlarge the pool of possible candidates for the Town Manager position. I was surprised that the proposed new requirements did not state 3 years experience in city, town or county government AS A MANAGER OR ADMINISTRATOR.
“5. Probate court – relating to Article VI, Section 6.04This change would allow the probate judge to be represented in his absence by the municipal court judge as well as the town solicitor, Capaldi said. The charter currently limits the duties to the town solicitor.”
My notes – there weren’t many questions about this proposed amendment. The handout I obtained at the meeting states “Shall Article VI Section 6.04 of the Town Charter be amended to state that in the absence, disability or disqualification of the judge, the duties of the judge shall be performed by the Town Solicitor or Municipal Court Judge?” I should have asked why it this amendment was necessary. If the judge can’t make a meeting, couldn’t the item on that day’s agenda just be move to the next meeting when the judge was in attendance? If the judge were to be absent for a long period of time, couldn’t the Town Council just appoint a replacement? Couldn’t the TC appoint two persons to act as probate court judges concurrently to address the absence issue?
“6. Financial Provision – relating to Article VIII, Section 8.18The commission suggested a change to the charter such that amendments to the capital or operating budgets that raise them by $175,000 would require all-day referendums. Currently, amendments that raise or lower the budgets by $100,000 require a referendum — an amount that is not as large as it was in 1972 when the charter was passed, Capaldi said. The recommended change also includes a clause that would adjust the amount requiring a referendum yearly according to the change in the Consumer Price Index.”
My notes – I asked why the amount that would require an all-day referendum is being tied to an automatic index like the Consumer Price Index. Mr. C said that the $100,000 is a low amount by today’s standards (I agree) and that a higher amount makes sense (I agree). The Charter Commission thought that a COLA adjustment for automatically increasing the referendum threshold would make sense. I don’t favor any automatic increases; this should be an item that should be reviewed and conscious deliberation taken by future charter review boards.
“7&8. Department of Finance – relating to Article X, Section 10.02 and Section 10.11 The recommended changes in this section were put forth by Moffitt, Capaldi said. One relates to the director of finance and the other to the town treasurer. Under the proposed change, the director of finance shall have knowledge of municipal accounting, finance, taxation, budgeting, financial control and investments and shall have a minimum of a bachelor of arts or science degree in a financial area of study. The charter does not currently mention knowledge of investments or state a degree requirement.” Since the town manager depends on the finance director, the finance director should have some experience in that area — the position should require knowledge in investments,” Capaldi said. “These requirements [are] a little stricter.” The treasurer, under the proposed change, must have a minimum of a bachelor of arts or science degree in the financial area of study. The charter does not currently state a degree requirement for the position of town treasurer, saying only “The town treasurer shall have knowledge of accounting and shall have had experience in budgeting and financial control.”
My notes -- I asked if the current employees in these positions would be grandfathered. Neither the Charter Review Commission chairman, nor the Town Manager nor the Town Solicitor could give a definitive answer.
“9. Department of Public Works — relating to Article XI, Section 11.02 Currently, the director of public works must possess at least five years experience in municipal engineering. This proposed charter change would lessen the requirements to run the department of public works. The proposed change would allow a director who had a bachelor of arts or science degree and at least five year’s experience in public works. “Again, this is a lessening of the requirements to open [the position] up to people to run the department of public works that have a lot of experience,” Capaldi said. “Former contractors may have that kind of experience or people who have maybe worked for the department for 25 to 30 years, which is a good thing. I never really liked having just an engineer over everybody.”
My notes – Someone asked how lowering the standards benefits the town. The same answer was given as above.
“10. Department of Building Inspector – relating to Article XI.A The proposed change to this section of the charter would add language indicating that the building inspector is answerable only to the town manager. Currently, Capaldi said, the building inspector is answerable to several different departments. “Under the zoning law, he is the only one who can make decisions of zoning. In the present charter, he is under the town manager but also the town engineer and the planner. He has to make independent decisions, or else there are decisions that are not proper.” Placing the inspector exclusively under the town manager will allow him to be more independent, Capaldi said.”
My notes -- Mr. Capaldi gave a longer version of what he stated above, stressing independence of the Building official and less chance of interference from multiple supervisors.
“11. Municipal Court – addition to the charter. Currently, the town’s municipal court exists only by an ordinance, Capaldi said. This proposed change would make the municipal court more permanent. “I think this is really good and it helps the town,” he said. “A local judge has a better feeling for what comes before him because he lives in the town. No district court judge knows the Town of Coventry better than I do, or better than someone who lives here does.” Making the municipal court part of the charter will make it safe from the political whims of future councils, Capaldi said.”
My notes – Mr. C. again said that by incorporating the muni court into the Charter would be it much more difficult to do away with it.
I asked Chairman Capaldi if the CRC went into executive session and for what reason. Mr. C replied that they had one ES, the purpose was to discuss “personalities”.
The work session ended and the regular TC meeting began. Under public comment, I asked if the full written report to the town by the Charter Review Commission could be put up on the town website as a pdf form so everyone in town could have easy access to it. Interim TM Mr. Sprague indicated that this could be done.
Under meeting agenda item H.2, Councilman Cloutier made a motion to delete Charter Review question numbers 2, 8, 9, 10 and 11 from the November ballot. The councilman stated that he thought many of these questions were confusing to people, and he is not sure that these amendments would benefit the town.
Council President Pomfret stated that he did not favor question #2, it is very difficult now trying to get 5 council members to meetings, let alone seven members. He also stated his concerns of the possibility of having 3 council members all reside in one particular section of town. Councilman Hyde stated that he was not a fan of adding two new TC positions, adding “if it’s not broke don’t fix it”.
There was no further discussion. The vote was taken, 4-0 in favor of deleting Charter Review questions 2, 8, 9, 10 and 11 from the November Ballot. That leaves six questions for the voters to consider:
#1 Board of Canvassers and Registration/Redistricting
#3 School Committee – Filling Vacancy
#4 Town Manager – Qualifications
#5 Probate Court – Substitution
#6 Financial Provision – Referendum Amount
#7 Dept. of Finance – Town Treasurer, Qualifications
