Our town charter sets up periodic review of its provisions as well as periodic review of the town bylaws. 2010 is the year designated for the first charter review and also meets the criteria for a bylaw review year. I have copied the relevant sections of the Town Charter below. The bold emphasis is mine and not in the original.
The charter review committee can recommend modifications to our charter to the Town Meeting. The Town Meeting can adopt or reject the recommendations. If they adopt them, the changes are put on the ballot at the next town election and require 2/3 affirmative votes to be adopted.
The Town Charter cannot be modified to change the form of government except in the manner detailed in this post
The current charter basically codified the structure of the town government as it existed at the time. Our new Executive Administrator, Mr. Cressman, has been tasked with making recommendations to the Select Board on revising the structure of the town departments. I think that he should be one of the two persons appointed by the Select Board to the charter review committee.
SECTION 6-7: PERIODIC REVIEW, CHARTER AND BY-LAWSMore after the jump
(a) Charter Review - At least once in every ten years, beginning in 2010, and thereafter in each year ending in a zero, a special committee to consist of nine members shall be established for the purpose of reviewing this charter and to make a report, with recommendations, to the town meeting concerning any proposed amendments which said committee may determine to be necessary or desirable. The committee shall consist of nine members who shall be chosen as follows: the select board, the finance committee and the school committee shall each designate two persons, the planning board shall designate one person, and two persons shall be appointed by the town moderator. Persons appointed by the said agencies may, but need not, be members of the agency by which they are designated. The committee shall meet to organize forthwith following the final adjournment of the annual town meeting.
Our town bylaws are in desperate need of revision. There are many that are outdated
(Such as this one from 1944 "No person shall ride a bicycle or tricycle upon any of the sidewalks of the town" Hey kid! Get that tricycle into the street and off the sidewalk!)
or are duplicative or have been superceded by the charter or the General Laws.
(b) By-Law Review - The select board shall at five year intervals, in each year ending in five, or in zero, cause to be prepared by a special committee appointed for that purpose, a proposed revision or recodification of all by-laws of the town which shall be presented to the town meeting for reenactment at the annual town meeting in the year following the year in which the said committee is appointed. The by-law review committee shall consist of the town clerk who shall serve by virtue of office, two representative town meeting members appointed by the town moderator and two persons appointed by the select board. The said committee in its final, or in an interim report, shall include recommendations for such substantive change in town by-laws as it deems necessary or advisable. The review of town by-laws shall be in conjunction with the town counsel, or, by special counsel retained for that purpose. Subsequent to enactment by the town meeting, copies of the revised by-laws shall be forwarded to the attorney general of the commonwealth for approval, and they shall be otherwise published, all as required by general laws. Copies of the revised by-laws shall be made available for distribution to the public at a charge not to exceed the actual cost, per copy, of reproduction.
Do you think it is time to get started? What sort of changes should be made? Tell us in comments.
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25 comments:
As Town Moderator, I am ready to appoint members to the charter review committee or by-law review committee as soon as the Select Board decides to move forward on either one.
Should involve a complete review of town government and its by laws
Mr. Sharek, what qualifications would a person need to qualify as a member of either the charter review committee or by-law review committee other than just interest on serving? What procedure must a person take to signify interest (resume, letter of interest)?
If the Select Board gives the go-ahead, how do you determine the deadline for people to apply?
Thanks.
As for qualifications, I'd want people who are familiar with local government and who have an ability to understand and recommend changes, where necessary, in the by-laws and charter provisions. Because they would be part of a larger group, appointees must be able to work well with others. I would ask for a cover letter and resume. For the by-law review committee, it appears appointees would need to be members of Town Meeting. For the charter review committee, it appears they wouldn't need to be (but could be). The deadline for applying would depend upon when the Select Board acts and when the Executive Administrator would like the group to begin work. At the appropriate time, interested parties could send letters and resumes to my home at 25 Ricketson Street, Dartmouth, MA 02747 or to my e-mail address: stevesharek@comcast.net.
Elected or appointed charter commission???
My answer assumed that both committees would be appointed in the manner outlined in Bill's initial post on this topic.
You can't change the form of government without having the elected charter commission. This was a topic discussed in depth on this blog.
Allow the voters to decide, elect town charter members.
Change our form of government, elect counselors. Reduce the 10 precincts to five. Elect five district counselors, one counselor from each district, and two counselors at large.
This will eliminate town meeting members and eliminate the town election control that the Padanaram voters has over the candidates running in a town wide election.
to 7:47 - not sure where you have Padanaram voters controlling elections? One member of the SB lives in Padanaram, the rest? Not so much.
Padanaram votes. Changing the form of government will not change who actually bothers to get off their butts and vote will it?
!0:49....
I'm not attempting to cause any assumption with the Padanaram district, but they have a much higher voter turn out. Due to larger than normal Padanaram voter district turn out, and when compared with all other town precincts, Padanaram district, in most, but not all elections, elect their candidate.
Except for a few bad appointments and decisions made by past boards of selectmen, what's wrong with our current form of government? Town Meeting seems to get it right almost every time.
7:47am--do you want a mayor or just town councilors?
6:21
YES, elect a mayor. I should have made it clearer. Dartmouth is a wonderful town, with a quality of well educated home/business owners. I'm proud of our town departments and our dedicated employee's. I'm pleased to see good decent people serving on both elected and appointed town boards. Dartmouth is reaching a 2011 budget that shall exceed 70,000,000 million dollars.
In my opinion, Dartmouth sectors will be best served by electing a sector representative/counselor from five town sectors, or districts.
In our present form of government, the town elects five select board members. Let's take a look a each select board member.
Nat Dias lives in South Dartmouth. Although Ms. Dias has served two terms, she will always be remembered for the so called secret contracts.
Lara Stone lives in South Dartmouth. A wonderful lady who should be serving on the school board. Two more years of not knowing what to say. Always asking permission to speak. This is not a class room. Grab the mike and speak your mind.
Joe Michaud lives in South Dartmouth. Enough already. Should be a law against lawyers running for public office.
Bill Trimble lives in North Dartmouth. (wow) what went wrong? Small voter turn out. Most South Dartmouth voters thought Ms. Horan McKlean would win re-election. Bill is the best thing that ever happened to Dartmouth politics. He is a straight shooter. One of a kind. Speak softly and tell the truth.
Mike Watson lives in South Dartmouth. This guy is on his first step for greater political adventures. He is young, well educated, articulates a thought process, all this while walking and chewing gum. Faults/ one thing to listen to a complainant, another is getting the other side of the complaint.
Electing five district counselors/ plus two at -large, will make everyone even.
South Dartmouth has four elected select board members, more schools, libraries, parks, beaches, protected villages, historical sites/locations, DNRC protected properties and the list goes on.
Oh thankfully you've broadened your geographic prejudices beyond the small boundaries of Padanaram. Now all of South Dartmouth is to blame - got it thanks for the clarification.
Last I checked the town voted in the current slate of Select Board members and if I remember correctly a large percentage felt Ms Stone was right for the select board - that is the position she ran and was elected to - yes? Seems she would have run for the school board if she wanted too. Seems she has no fear of speaking her mind either and both new members it seems have meshed well with the other members - a tribute to them all. Well done.
You'll have to blame God for the location of the beaches in South Dartmouth, I'm afraid that is out of the hands of any of the current select board members. As far as schools go there are 2 in SOuth Dartmouth and three in North Dartmouth. There is also a brand new beautiful park in North Dartmouth, plus the Paskamansett Landing on rt 6., and Gidley Woods. Historical villages - nothing is stopping anyone from creating an historic village. All it takes is hard work and a lot of volunteer hours - ready to start the work? Or is it easier to gripe.
Padanaram votes more than any other precinct followed closely by the southwest part of town. In any form of government we choose, these precincts will always be over-represented because of it. Think about those two at-large counselors that were mentioned.
However, it is not the fault of Padanaram voters that there are more town amenities located near them. Historically, Padanaram and Bliss Corner have been where the density of population have been and North Dartmouth, specifically north of Rt 6, was very rural.
Perhaps some of the North Dartmouth newbies didn't realize this when they purchased their homes. Maybe they thought it was always a bedroom suburb up there. If they look on the bright side, they will realize that although local amenities are a bit further away, anywhere else they want to travel to (Boston comes to mind) is a half hour closer to them than their fellow Dartmouth residents living in the "Deep South".
I say go for the mayor and councilors.
You got it popcorn - when I was looking to move guess what? I picked the area I preferred. Because I like beaches and the water I selected South Dartmouth. Twenty years ago the north part of town was primarily farms which did not interest me. My voting and its effect on the commnity had nothing to do with where I chose to live.
A previous writer said "Except for a few bad appointments and decisions made by past boards of selectmen, what's wrong with our current form of government? Town Meeting seems to get it right almost every time." I have not seen any replies yet.
Town meeting is as out dated as the last trolley car to service New Bedford and surrounding towns. It's a bunch of town employee's, who vote for their articles and leave. It's time for Dartmouth to take a new direction. The select board bounced Gagne, want a outside police chief, and new finance director to replace Eddy. These are trying times, for everyone, and the sooner we change this political system the wiser we shall become.
"Mike", you didn't answer the question. Just because something is old doesn't mean it needs to be replaced. Stick to the facts, please. Name one thing that Town Meeting has done wrong.
They have approved overspending leading to multiple override requests.
Nice try, but Town Meeting has never approved any unbalanced budgets.
anon 12/19 7:00 - you were asked to provide specifics and you did not. As posted above town meeting has never approved an out of balance budget.
Signed,
A town meeting member-not a town employee either.
I am a town meeting member. I resent the suggestion that I read here often that there is something wrong with town meeting. I do not remember town meeting approving any lifetime contracts for department heads, approving the appointment of the former executive administrator, or negotiating contracts with teachers or town workers. But members of town meeting always get blamed for messing up the town, and town meeting gets accused of being "outdated". What game is being played here and who is playing it?
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