Minutes

Town of Wellfleet

Charter Review Committee

Meeting Minutes

March 26, 2018

Wellfleet Town Hall, Basement Meeting Room                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Present: Harry Terkanian, Barbara Cary, Denny O’Connell,  Paul Cullity, Roger Putnam, Helen Miranda Wilson

Regrets:  Deborah Freeman

Attendees:  Joseph Powers

The meeting of the Charter Review Committee (“CRC”) was called to order at 1:30 p.m. by Vice Chair Denny O’Connell.

It was moved, seconded and VOTED 6-0 to accept the Minutes of the CRC meeting of March 9, 2018 as amended.

Discussion

Wellfleet Town Clerk Joe Powers briefed the CRC on two Open Meeting Law Complaints filed by Jude Ahern with the Massachusetts Attorney General. One Complaint alleges the failure of the CRC to provide audio tapes of their meetings, and the other alleges that a member of the CRC had violated the Open Meeting Law by communicating with the Town Administrator in September, 2016.  The second Complaint also included a demand that the revised Charter be removed from the Town Meeting Warrant due to the Complainant’s lack of time to review the changes, a demand that the CRC be disbanded in favor of an elected commission, and a statement by the Complainant that she believes there are many more instances of Open Meeting Violations which she will discover when she obtains the audio recordings.  Both Complaints have been referred to Town Counsel.

Joe Powers provided the CRC with a detailed overview of Open Meeting Law Complaint process as well as discussion and analysis of the Ahern Complaints based upon training he has received in his role of Records Access Officer (as Town Clerk) from the Division of Open Government of the Massachusetts Attorney General, as well as advice received from Town Counsel. Based upon this discussion, the CRC concluded that the Complaints are without merit, on both procedural and substantive grounds. 

• It was moved, seconded and VOTED 6-0 that with respect to the Open Meeting Law Complaint dated March 12, 2018, alleging an Open Meeting Law Violation on March 9, 2018 relating to the release of audio tapes of CRC meetings, having reviewed the Complaint and conferred with the Records Access Officer, the CRC determined that acts alleged under the Complaint are not cognizable under the Open Meeting Law and therefore the CRC is not in violation of the Open Meeting Law, and no remedial action is required.The CRC further voted to authorize Town Counsel to respond to the Complaint on behalf of the CRC.

• It was moved, seconded and VOTED 6-0 that the CRC authorize Harry Terkanian to confer with Town Counsel and report back to the CRC.

• It was moved, seconded and VOTED 6-0 that with respect to the Open Meeting Law Complaint alleging a violation on or about September 21, 2016 relating to communication, the CRC, after reviewing the Complaint and counsel’s analysis thereof, agrees with Counsel’s analysis and determines no violation of the Open Meeting Law has occurred, no remedial action is required, and authorizes Town Counsel to respond on the CRC’s behalf.

• It was moved, seconded and VOTED 6-0 that Harry Terkanian serve as liaison to Town Counsel for purposes of reviewing the draft response.

The discussion turned next to sections of the revised Charter pertaining to appointment authority for a Herring Warden, which had been transferred, along with the Shellfish Constable appointment, from the Board of Selectmen to the Town Administrator. The CRC has drafted an amendment, to be offered at Town Meeting, in the event of strong opposition to the change. 

• It was moved, seconded and VOTED 6-0 that the proposed amendment to be offered at Town Meeting regarding the Herring Warden read as follows:

I move to strike from the proposed Charter Section 5-4-2 (d) which reads “the Herring Warden”, to re-letter the subsections of Section 5-4-2 following subsection (d), and to insert into Section 3-6-1(f) “a Herring Warden” in place of the current text.

The CRC then considered the possibility that the revised Charter would not be approved at Town Meeting, and therefore

• It was moved, seconded and VOTED 6-0 that an article to extend the appointment and authority of the CRC be drafted and added to the Town Meeting Warrant.

The next meeting of the CRC is scheduled for Friday, April 13, 2018, at 2 pm in the Basement Meeting Room of the Town Hall.

The CRC Meeting was adjourned by consensus at 3:15 p.m.

Respectfully submitted,

Barbara Cary

Clerk

Public Documents

Open Meeting Law Complaint re: alleged violation dated  3/9/18

Open Meeting Law Complaint re: alleged violation dated  9/21/16