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WhatWhereRationale, if providedDiscussion123ANotes
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Purple = recommendations of League of Women Voters of Amherst also supported by a group of 46 residents via Amherst Indy; Blue = additional recommendations of group of 46 residents
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1= high priority; 2=medium priority; 3= low priority; A=abstain; F=flagged topic; tentatively, score of 5 including "1" and "2" deemed moving forward unless A would change, or topic flagged.
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Preamble
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Develop a preamble outlining town goals and valuesOutline the Town’s goals for good government, and include a mission and values statement. Such a statement, as appears in Charters of some other Massachusetts municipalities, could
address Town goals on issues such as (but not limited to) affordable housing, racial equity, and climate change.
A preamble is not necessary in city charters (e.g., Greenfield, Northampton, Easthampton, and Worcester charters do not include preambles). The Amherst Town Council has adopted a Statement of Values (see Rules of Procedure Appendix A), Comprehensive Housing Policy, Climate Action Goals, and (annually) Town Manager Goals, which include goal areas in policy and management.1232
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Article 1 - Incorporation, Powers, etc.
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AThe section should be revised to say that the town is mandated to use this provision on intergovernmental joint powers whenever there is a reasonable possibility of achieving better, less expensive services and administration for Amherst residents. [1.6]1.6 Amherst should work jointly with other jurisdictions, especially towns in the P.V. region, to benefit from the economies of scale. Currently says: Amherst may exercise any of its powers or perform any of its functions, and may participate in their financing, jointly or in cooperation, by contract or otherwise...Consider implications and practicality of a mandate. What constitutes a “reasonable possibility”?3122
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BRevisit Public Forum definition to make it less cumbersome, allow full public input without rigid percentage of time.
(Current language: "The phrase 'public forum' shall mean a meeting during which more than one-half of the meeting time on the agenda is devoted to public comment.")
1.7The definition has meant that the Council is holding separate “presentation” meetings, so that the presentation during the public forum is minimized, to ensure it is easy to meet the 50% requirement. This has been necessary because of the definition and the fact that few residents show up to speak. The result – extra meetings, extra meeting minutes, and dead time where there is no one else that wants to speak but the Council has to wait another 5 or more minutes to close the forum in order to meet the 50% requirementPublic forum now is a meeting where more than one-half of the time is given over to public comment. 50% meeting time requirement could change to "all members of the public who wish to speak on the subject are given an opportunity to do so," as is done with hearings, which are part of a regular agenda. This has been the Council’s established practice & is further defined in Council Rules of Procedure, see Rule 5.4 Public Forums.512
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CClarify whether Manager-appointed advisory bodies are Multiple-Member Bodies 1.7Definition of Multiple-Member Bodies should specifically exclude advisory committees to the Town Manager. These bodies are not subject to the Open Meeting LawDefinition now “elected, appointed or otherwise constituted."251
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DClarify definition of a “Measure” 1.7The Council has differing views of what a measure is – just bylaws, or other votes to adopt things taken, including resolutions, proclamations, citations, policies, regulations, changes to the public way, financial orders, etc. Also, are motions to amend or refer measures? What about other procedural motions, such as
recess, adjourn, reconsider? A good view of this issue (as well as the next view about voting quantums) can be seen in the Council’s Rules of Procedure, voting quantum section.
Definition now: "any bylaw, order, resolution, or other vote or proceeding adopted, or that the Town Council might adopt." It has not been the Council’s practice to treat all matters adopted by the Council as measures, nor are procedural motions treated as measures. Clarification would be beneficial.
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EClarify the definition of an emergency 1.7Definition now: "a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response" Declared by Town Manager - 3.2(g)
3221F
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FDefine quorum requirements for all town bodies1.7Definition now: quorum” shall mean a majority of all seats of a multiple-member body even if 1 or more seats are vacant, unless some other number is required by this Charter or by law. 125
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GClarify “Full Town Council,” particularly when members are absent or have to recuse themselves. Recommend: Delete definition of Full Town Council and replace references in later sections with "majority vote" or redefine Full Town Council to exclude vacancies and recusals.1,7Councilors have regularly voted “abstain” instead of “no”, with the knowledge that their “abstain” effectively counts as a “no” but that they didn’t have to actually vote “no” to do so. Those required to recuse for ethics purposes count as "no" too.See also Town Council Rules of Procedure rule 9.5 Number of Votes Required. In some cases, the number of votes required is specified in MGL, e.g. some (but not all) zoning amendments, unpaid bills from previous fiscal years, and borrowing authorizations. The Council further defines some votes as requiring a majority of Councilors present (abstentions count as “nay”) and others requiring a majority present and voting (abstentions don’t count)61*1can updating definition of abstention cover this
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HReturn to the town meeting form of government or alternatively, adopt a council/mayor form of governmentRequires an elected charter commission, outside committee's charge.17*Need to develop means successfully respond to this
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Article 2-- Legislative Branch
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Right to Postpone: please clarify whether this right can be used on items that have a time deadline to act (e.g., emergency measures, or measures, like the budget or grant acceptance votes, at a meeting where, if used, the vote would be after the deadline required for adopting the budget or accepting the grant)2.12.1 starts with “adoption of a non-emergency measure” so that should be clear. No mention if missing a deadline would constitute an emergency or if there was a required response dateThis has been contentious in practice. “Debate on the measure” has, in some cases, been applied to mean that all discussion on the agenda item ends, in other cases it was interpreted to mean that debate on the motion ends. It has been referred to as the “nuclear option.”
There have also been instances when the next scheduled meeting is a Four Towns meeting or other special meeting and another meeting had to be scheduled in between so as to not require the Council to debate a postponed vote at a Four Towns meeting.
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Require a second in order for a councilor to postpone Council discussions2.1See above71
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Consider allowing part-time employment, School or Library employment, or prohibiting only those directly appointed by the Council or the Town Manager from serving on Council 2.3(a)Prohibits any part-time employment by a Councilor in any
municipal department (working a summer camp, lifeguarding, refereeing Recreation Department sports events, part-time library work, substitute teaching in the schools, etc.). It
also prevents a Library or School department employee from running for Council, although they can run for Library Trustee or School Committee, elected boards that have far greater oversight over their employment than the Council. Consider other options, such as allowing part-time employment, excluding Library and School (both region and local) employees from the prohibition, or prohibiting only those employees appointed by the Council (Town Manager, Clerk of the Council), or directly reporting to the Manager (Department Heads) from serving on the Council.
Charter: Except as otherwise provided by the Charter, no current member of the Town Council shall hold any other compensated Town position. No former member of the Town Council shall be appointed to any compensated appointed Town office until 12 months following the date on which the former member's service on the Town Council has terminated, unless such appointment is affirmed by a vote of 10 members of the Town Council Note that anyone compensated by the town and elected to the council would likely have to forfeit any council related stipend.251
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Require Council to vote pay increase within 15 months before next term rather than 18 2.4So that any change can be included in the budget for the Fiscal Year that the new Council term starts, and compensation can begin at the beginning of the term, not ¼ of the way through the term.44
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Revisit language on Majority Vote (this is related to definition of Full Town Council in 1.7) 2.4
2.6(c)
2.10(a)
Please consider the following revisions:
a. Deleting the definition of “Full Town Council” in Section 1.7.
b. Deleting the phrase “of the Full Town Council” in the second sentence of Section 2.4
c. Revising Section 2.6 (c) by deleting the phrase “the affirmative vote of a majority of members present is required to adopt any measure” and replacing it with “a majority vote is require to adopt any measure.”
d. Deleting the third paragraph in Section 2.10(a) that references voting quantum (as it is covered in Section 2.6(c)).
See arguments for changing Full Town Council definition in 1.7 above71
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Clarify what “read at two meetings” means – discuss at meeting prior to meeting for vote, or vote at two successive meetings 2.10(a)The Council discusses it at a meeting prior to the vote; Northampton, with a similar requirement, votes the bylaws at two separate meetings.8
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Delete roll call requirement language (redundant) in these two sections.2.12
5.5(c)
Not certain why this is redundant other than the OML requires roll call votes for meetings where public bodies participate remotely8
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All Council meetings livestreamed and recordedCurrent agreement with Amherst Media is that Council meetings are broadcast. Current state law allows hybrid meetings and Councilors frequently make use of this. Hybrid access would prohibit meetings  from being fully virtual, which is a benefit in some situations (weather, action needed quickly)71F
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Require continued hybrid Town Council and Committee meetingsSee above. Also, technology may change.251F
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Council rules talk about order of speaking, not duration.17
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Consider clarifying appointment process for Councilors on various bodies – e.g., building committees, CPAC, BCG, JCPC 2.11 3.3(c) 5.7(b) 5.5(b) The charter is silent about the manager's ability to appoint councilors to multi-member committees and gives no guidance as to how the members of the JCPC are appointed 71
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Require the Agenda for Council Committee meetings to be detailed and complete enough that residents can readily understand what will be covered - and prominently posted under the relevant committee on the Town website 48 hours in advance. (i.e., not just a general statement under CalendarCharter meets OML requirements143FNeed further discussion on transparency vs OML
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Council Meeting Efficiency: limit marathon sessions and ensure timely decision-making26
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Prevent the misuse of the consent agenda for substantive issuesCharter is silent on Consent Agenda. Any one Councilor can pull an item off the Consent Agenda.8
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Reduce the 8-week "lame duck" period, between Election Day and the beginning of the new term, to 3 weeks Too many decisions by "lame duck" councilors.Does this impact budget calendar? MGL sets timeframe for delivery of the budget based on when the new council is "seated".8F
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Lengthen and stagger terms for elected officesNot all representatives elected at same time23*31F
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Term limit for Councilors 2.1(b)Encourage new blood. Various proposals for limits - 2 terms, 3 terms, ability to return after hiatus, etc.Requires legislation. Need to check with Collins, town attorney on viability.35
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Term limit for Council president, Vice President Reduce concentration of power. Maximum of 3 1-year terms, or 2 2-year terms, or 1 2-year term, can be elected again after hiatus, limit can be overridden by 2/3 vote of Council.224
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Provide that each district councilor represents one voting precinct134
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Council size
Increase number of counselors
Decrease number of counselors
Need to check if changing the number of councilors would require a new Charter Commission62FNeed to split and discuss individually
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The council president and town manager have too much power to determine the council agenda. Even councilors cannot get things on the agenda.Charter states the president compiles the agenda with advice from council members and the town manager. Unclear what the alternative would be to the President, i.e. the Council Chair, setting the Council agenda. There are Charter procedures for Councilors and members of the public to request and to force items be added to an agenda. 116
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The head of the Town Council should be the Councilor with the most votes, or one of the at-large Councilors voted in by the others.8Rotate?
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Clarify and limit the powers of the council presidentQuestion if this is set by MGL or Council Rules and Procedures or both.152F
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Require at least one public comment period at each TC and TC Committee meeting. Charter allows for this now, at the option of the presiding officer. MGL Ch.43 and OML do not require a period of public comment62
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Mandate public comment periods at the start of all council meetings. {at present, council and committees determine when public comment occursPublic comment is currently required at all regular meetings for the Council and all Town boards and committees. Public comment is not required at “special” meetings - which has been interpreted to mean retreats, meetings called for a specific purpose and not on the regular meeting schedule, public forums, etc.
A requirement that public comment be held at the beginning of the meeting would make scheduling hearing times impossible. Hearings on poles, zoning bylaws, etc. must be noticed for a specific time. If general public comment were held beforehand, we would not be able to predict the time a public hearing would begin. This would impact the Council and other boards and committees that hold public hearings.
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Allow public commenters to be visible during remote meetingsSome commenters attend via phone. Others do not wish to turn their camera on. Bringing commenters in as “panelists” is not possible if the commenter has not updated their Zoom application. Commenters are currently required by the rules to identify themselves and where they live. Promoting commenters to “panelists” is slower than allowing them to speak, as they have to re-join the meeting as a panelist, and then rejoin as an attendee after their comment. Additionally, panelists are able to share screen and unmute themselves; this presents a Zoom bombing vulnerability that staff have repeatedly advised against. Additionally, a technology requirement such as this allows little flexibility if/when technology changes. Zoom meetings were not used at all when the Charter was adopted; it is likely that technology will change over the next 10 years.161F
Potential to develop a full bodied response to the overarching issue of transparency
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Require that the names of attendees at public meetings be disclosed to all attendees as well as panelists.161F
Potential to develop a full bodied response to the overarching issue of transparency
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Have additional public comments following TC or Committee discussion of an important topic, before they vote, so that interested residents can respond to the discussion1241F
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Public comments are summarized and responded to in real timeOML and court decisions may not allow this.143F
Potential to develop a full bodied response to the overarching issue of transparency. Potential for a how to engage the council flyer?
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Require district councilors to hold at least three district meetings (currently two are required) with constituents each year and at-large councilors to attend at least one district meeting in each of the town's five districts across their three year term [terms are 2 years]. 2.7Two meetings required3231FNeed for better visability into meeting schedule
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Require Councilors to meet with their constituents at least quarterly (can be Zoom). The quarterly meetings should be well-publicized and constituents should be able to propose topics for discussion in advance.2.7Two meetings required134
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Mandate constituent meetings for at-large councilors.71
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Councilors’ committee assignments should last the length of their terms (2 years, not one)314
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Require that all Councilors serve on the same number of major standing Town Council Committees so that they have an equal voice and vote. I recommend that Amherst adopt 3-member standing committees. Twelve (all but the President) could serve on one each of four 3-member committees116
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Have one or more resident representatives on each TC Committee, as is now done for the Finance Committee, with full rights of discussion, even if they don’t have a vote323
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Enable the Town Council to appoint standing committees of the council that include town residents as voting members. Or require committees of the council to also appoint town residents as voting membersThis would give an unelected individual the same authority as a counselor.116
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Early in the legislative session, the TC President & Vice-President should meet with each committee Chair and agree on prioritization, timeline, etc. for the committee's specific tasks.Rules and Procedures17
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Committees should be encouraged (required?) to bring in one or more individuals with expertise to provide background information. Giving a Council committee the authority to revise/disapprove a bylaw or other topic about which they know nothing is a serious flaw in the current Council functioning and a huge waste of everyone's time.8
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Develop a means to provide a diversity of opinion on all council-appointed committees, representing the diversity of opinion on the council.116
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Committee chairs need a training workshop on how to run an effective committee! This training should be standard for each new Council.67FA great idea
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Committees can get overburdened: Can a more efficient review process be considered? Possibly set up ad hoc committee for a specific issue?17
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Applications for membership on boards and committees of the Town Council should be public records that are readily accessible to the public.Town policy is applications are not public documents until the applicant is called for an interview. Follows the same process as candidates for employment1142F
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Efforts to seriously reduce committee time - perhaps by relying on citizen boards - may induce more people to run for Council.62F
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Consider having Manager appoint Planning Board and ZBA2.9 The Charter Commission’s purpose in assigning these appointments to the Council was a recognition that these two bodies, in particular, could be seen as more political in nature, and therefore, should be closer to the political / voters. However, in practice, in order to comply with open meeting law, the
Council must hold interviews in public (or assign them to 1 councilor), and then debate the merits of each candidate in public. Over the five years of the Council, this has resulted in fewer individuals applying to be on either board. Given the realities of complying with open meeting law, it may be time to reconsider which appointing authority, Town Council or Town Manager, is best for the Town as a whole.
Appointment by council is a home rule petition.35
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The appointment procedure for Planning Board, ZBA, Finance Committee resident members is IDIOTIC!8F
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Election of the Planning Board members and ZBA members should be considered.MGL 43 require appointment 8
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Provide the Town Council with the power to hire its own legal counsel or analystMust be subject to appropriation. Council cannot spend Town funds of its own accord. Currently, the Council appoints its clerk and the clerk may be a Town employee. 152
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Allow the Town Council to request information from all town agencies17
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Delete the exceptions to Town Council investigatory powers 2.8 (a)8
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What is the process for committees to make their recommendations to the Council? Is it "once and done" or do they have the opportunity to continue consultation while the Council and its committees review the recommendations? 62F
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It seems the town manager and council have equal powers but the town manager is an employee of the town, subordinate to the council. Could the charter just state how authority is shared and end argument about the matter27
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Clarify Town Council's roles, particularly with respect to the School Committee35
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Establish community oversight of councilor compensation decisions17
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Article 3 - Executive Branch
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Clarify whether Resident Advisory Committee is a public body subject to Open Meeting Law [3.3(c)]512
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Provide that a neutral party or body appoint town residents to the resident advisory committee, which advises the town manager regarding appointments to town boards and committees; alternatively, provide for positions to be filled through townwide election.17
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Provide that the Town Manager's performance be evaluated based on Town Manager goals established by the sitting councilGovernance, Organization, and Legislation Committee is currently recommending changes to the Town Manager evaluation process. This is currently planned for discussion at September Council meetings.152F
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Include provisions to ensure a robust Town Manager evaluation by the public, the staff and the council. Require, as part of that process, incorporation of representative feedback from town employees, committee members and the general public.242F
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Town Manager evaluations should be done by the Town Council with residents giving their specific inputs to their district representatives. Residents are not in a position to evaluate the whole of a Town Manager's work, but representatives can receive, sort and provide them in a meaningful way.125
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Make the Town Manager evaluation process more transparent and critical.125
Potential to be addressed by current committee activities to update the process.
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Require a review of the Town Manager's performance to be conducted or facilitated by an independent third party individual or group.125
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Guidelines as to the salary of the town manager. Cap of $150,000.17
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Guidelines for manager and assistant town manager salaries (cap)17
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Town manager to be limited to a maximum tenure of five years. This limit could be subject to override by 2/3 vote of Council. 161F
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Delineate more clearly the powers of the Town Manager.Current is standard language in city charters161F
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Strengthen checks and balances between the executive and legislative branches, possibly by limiting the Town Manager's powers 133
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Just say it plainly – the Council-Manager form of govt. centers power on the Town Council.8
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Require the Town Manager to provide staff and funding needed to implement bylaws, goals or other measures adopted by the council.35
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Limit the Town Manager's power to seek a grant for any project not deemed a general or specific goal of the Town Council. 8what is the context for this statement?
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Require prior review and adoption by the council of any executive actions by the Town Manager that amount to a new town policy or project.115
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Should we have a decadal review of all our Town Committees and whether each is still relevant? Some are clearly more important than others.44
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Does every Committee have a Town staff liaison? A Council liaison?17Every committee has a staff person, not all committees have councillor.
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Do the Town Manager and Town staff pay attention to Committee recommendations? (Some committees feel they are not listened to, but are asked to "rubber stamp" what the Town has already decided.)242
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Implement term limits for residents appointed to town committees bylaws could do this17
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Residents serving on Town Commissions and Committees must have some background in the subject matter, or do something like an "apprenticeship" with the Chair (or member of the Committee who is appointed by the Chair) for the first year before becoming a full member. Bylaws but difficult to implement17
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Require applications for seats on town committees and boards overseen by the Town Manager to be public records, with the consent of the applicant.Contradictory docs are either public records or not.251F
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Ensure diverse and merit-based appointments to town committees.17
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Release statistical demographic info on applicant pool. The Council is at big disadvantage in approving a choice, if they have no knowledge of the candidate pool.134
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Application form needs a fresh review. How do we encourage people to apply?71Needs a review of the form by the council
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Each applicant should get confirmation that their application has been received and is in the pool.26Needs to be reviewed by council
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All applicants should be informed when the candidates have been selected for interviews and when the final choice has been made to forward to TC. That's just common courtesy.133Needs to be reviewed by council
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I would like to see an annual Town event, "Getting to know your Town Committees", where each Committee would have a display, provide opportunity to answer questions, and encourage residents to apply.25Great idea