Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David Ringius, Jr, Chairman Committee on Ordinance & Rules Steven Sciascia, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Lawrence Mackin, Jr, Member September 30, 2020 MINUTES A meeting of the Committee on Ordinance & Rules was held Remote via Zoom Webinar on Wednesday, September 30, 2020 beginning at 5:00pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. All votes were conducted by Roll Call Vote. Present: David Ringius, Jr, Chairman left meeting @6:03pm Steven Sciascia, Vice-Chairman Julia Flaherty, Member Lawrence Mackin, Jr, Member Approval of Minutes • None Old Business • 002 20 Council President: Town Council Rules or take up any action relative thereto (Rule Fifty-Six: Adoption of Rules) A Motion was made by Councilor Sciascia to Take off the TABLE item 002 20 Motion: by Councilor Sciascia to Take off the TABLE item 002 20 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated the Town Council Rules are generally updated every two years (that being the even years). These are the rules by which the Council governs itself. They are important for our meetings to run effectively and efficiently. We met a couple of times in person then COVID hit and we ultimately began meeting via zoom. We took this up at our previous Full Council meeting. There were amendments and things other Councilors wanted to see. As we went through that meeting it seemed the best thing to do was to refer this back to Ordinance & Rules to address some of these items the other Councilors wanted to see. September 30, 2020 Committee on Ordinance & Rules 1 of 6 Tonight we are joined by Councilor O’Brien to address some items. We also referred two items for clarification to our Town Solicitor. We will schedule another meeting next week. Councilor O’Brien stated his following proposals: This first one is regarding publication. My goal is to stop the publications in newspapers however based on legislation I will stand down. 1). Not to be repetitive from a separate email, my preference is to continue to include the section on publication and let the majority decide. It is something I feel passionate about, it has been discussed among members and I will be lobbying for the Charter as well. I’ll do the same during my session at the 9/15 Council Meeting when we discuss these Rules again. If you need me to include the AG’s paragraph again, just let me know. 2). Regarding Rule D (See Modified Council Rules) An additional note in support of Rule D is that rules 33, 34 & 56 could be incorporated in Rule D. The purpose for this Rule is simply to have all documentation for analysis at the time something is proposed, not 30-45 minutes before going into a Committee or Council meeting. Also, the wording in the last sentence of the first paragraph marked Rule D (a) is to prevent a proposal being considered during a lame duck Council session after an election regardless of whether Council Seats remain static. Rule “D” or Rule 59 - Pre-filing of Town Council Business: (a) At any time between regular Town Council sessions, but no later than ten (10) days before the beginning of a regular session, measures including proposed ordinances, appropriation orders, loan authorizations, or any other measures in general, must be pre-filed with the Town Clerk and Clerk of the Council for introduction at the next Town Council session. However, no measure shall be pre-filed between final adjournment of the last regular session of a legislative term and promulgation of the returns of the Town Election for members of the Council for the next succeeding term. After promulgation of the election returns, any member-elect or the executive branch may then pre-file measures for introduction at the next regular session. (b) No measure shall be pre-filed without the complete measure including all supporting documentation being set forth in full in the filing. Summarized measures will be rejected and sent back to the original author. (c) The author of a pre-filed measure may amend the measure at any time prior to introduction to the Town Council by written request to the Town Clerk. In such case, the Town Clerk shall accept the amendment but will be required to once again begin the pre-filing time-line. (d) The author of a pre-filed measure may withdraw it at any time prior to introduction to the Town Council by written request to the Town Clerk and Clerk of the Council. In such case, the measure shall be reclaimed from the Council and its withdrawal with be entered on the Town Council Agenda. Councilor Sciascia stated I somewhat agree with the idea of this but if we were to do it I would want it to be only for items coming from the Mayor’s office. Councilor Mackin stated the 10 days seems a little long. September 30, 2020 Committee on Ordinance & Rules 2 of 6 Councilor O’Brien stated the jest of this is the pre-filing should include all documents. Instead of 10 days 5 business days might be ok. Councilor Flaherty stated this needs to be refined. The language is a little convoluted. Councilor Ringius stated (d) is good to have withdrawal power. (c) is good to allow amendments. I agree this runs with Rule 33 and Rule 34 and we might be able to incorporate this in. 10 days does seem a little long. Councilor O’Brien stated to prevent a proposal being considered during a lame duck Council session after an election regardless of whether Council Seats remain static. I am concerned if a Councilor who lost its seat votes on something they were not going to support before now doesn’t really care and votes to support it. Councilor Ringius stated I understand but Councilors are elected to serve a full two years not 1 year 10 months. Councilor O’Brien stated the only thing I really want is when a measure is filed all documentation is included. Councilor O’Brien continued: 3). The following seem to be in conflict or confusing, assuming by “Chair” this rule is targeting the Presidential Chair: Rule Two, second paragraph: The President shall not serve as Chair of a committee, standing or special And Rule Four: Substitute Chair The President may call any member to the Chair, but such substitutes shall not continue longer than one meeting. The President may continue to express his/her opinion on any subject under debate in the presence of the substitute Chair. If Rule Four is for committee chairs, we should modify the rule title clearly to “Substitute Committee Chair”. Councilor Ringius stated if this was a public hearing and a subject matter expert was on the Council and better to “chair” the meeting and the President could call that person to “chair” that section of the meeting. I feel this is the spirit of this rule. Calling them to “the chair”… Councilor O’Brien thought this was more of a committee chair. I defer to the committee. Councilor O’Brien did not discuss his item (4). Councilor O’Brien stated if we put in my Rule D this could be taken care of: 5). My view continues (from my previous submission to O&R) to be that Rule 35 and Rule 52 conflict. Also, if O&R has decided to move the finish line in order for residents to communicate at a Council meeting, how do residents know what an agenda item entails if the agenda detail hasn’t been published? September 30, 2020 Committee on Ordinance & Rules 3 of 6 Councilor O’Brien stated: 6). Shouldn’t the following paragraph from Rule 35 be moved to Rule 32? The agenda will be prepared by the Clerk of the Council or his/her designee and the President. All matters to be brought before the Council shall be numbered by the Clerk of the Council or his/her designee at the time they are filed. Each item shall be numbered sequentially beginning with the first item filed in a calendar year. Councilor Ringius stated this Rule 35/32 are being addressed by this committee and I agree with you on this as well. I believe the final paragraph in Rule 35 be moved to Rule 32. 7). Considering some committee’s haven’t met for a considerable amount of time, I propose the following: Rule Forty-Two: Committee Reports Every committee of the Council to which any subject may be referred, shall report thereon to the Council. Annually or bi-annually, at the discretion of the Chair, all committee’s shall provide a report to the Full Council summarizing the results of the committee’s meeting(s). Councilor Ringius stated we might want to take out “at the discretion of the Chair” 8). Current (previous) Rule Forty-Four: now Rule 49: Town Auditor - should remain as it stands (stood). We are not in a dictatorship (see Rule 9) and while the President MAY be able to balance the workload of the Internal Auditor, the President should NOT be allowed to dictate whether a "condition of the Town" we want to have reviewed by the Internal Auditor is allowed to be rejected, regardless of the last sentence. Rule 49 should stand as presented here: Rule Forty-Nine: Town Auditor At the request of the Council President, the Town Auditor shall be required, either in person or by deputy, to attend Council meetings. Any member of the Council may at any time call upon the Town Auditor for oral or written opinions of the financial conditions of the town. Councilor Flaherty stated we were making these rules for Councilor in the future and the fact we pay the Town Auditor and might need to decide what projects the Town Auditor takes on. Councilor Ringius stated we write these rules as “faceless” individuals to allow a check back if the President does not allow something. Perhaps we overthought this and made it too limiting. Again, any Rule can be revised at any time. Councilor O’Brien stated the Town Auditor reports to all of us. Councilor Ringius left the meeting at 6:03pm September 30, 2020 Committee on Ordinance & Rules 4 of 6 9). Rule 44, if we include Rule D as described, this would be moot as all documentation will have been presented in order to be considered for Council meetings. Councilor O’Brien stated if information to come before a meeting is not ready then the matter is referred… the rule I proposed eliminates that. Councilor Sciascia stated I read that a little differently. I read that the committee is still deliberating and has still not made a recommendation. It goes back to the full Council with no documentation. Councilor O’Brien stated I stand down on that. Councilor O’Brien stated I do not see the need for this Rule 53: 10). Rule 53, are we immature (See Rule 15 - "...any member may leave the Council Chambers without explanation")? Is 53 really needed? If a constituent wants to have a discussion, or if we have to attend to something important, do we “need” a rule to tell us how to conduct ourselves? Councilor O’Brien asked when this would be true. I do not want anyone speaking for me. 11). Could the O&R Chair please elaborate on Rule 57 and it’s intent? Councilor Flaherty stated I feel this intent is to allow the President/Vice-President to stated condolences, or congratulations on behalf of the council members. Discussion was to remove this rule. 12). Rule Sixty-Five - I object to the reduction of the current authorization from $2,500 to $1,000. Members read through the redlines on this revised version of Town Council Rules starting at the beginning. Rule Thirty: Public Hearings Change to Majority NOT two-thirds Rule Thirty-Three and Rule Thirty-Four might be changed with any additional Rule D of Councilor O’Brien. The change of day was made from Wednesday to Thursday. Rule Thirty-Five – move final paragraph to rule 32. Rule Thirty-Seven – leave W&M to 4 or 5 and discuss further at full Council. Rule Thirty-Eight – revised by Town Solicitor. Members agreed with changes to bring forward to full Council. September 30, 2020 Committee on Ordinance & Rules 5 of 6  Rule Forty-Two – Committee Reports. Councilor Sciascia asked if Clerk of the Council was going to have to do a lot more work on these Committee Reports. Councilor Flaherty stated couldn’t minutes be enough for large committees. Rule Forty-Nine – Town Auditor Councilor Mackin stated I am fine with removing the final sentence …”This request shall be put in writing and approved by the Council President…” Rule Sixty-Five – Travel Expenditures Committee members wanted the amount to be $1,000 not $2,500. Councilor Sciascia’s Rule B – we are waiting to hear from Solicitor Taub. Rule “D” – Pre-filing of Town Council Business that is proposed by Councilor O’Brien was discussed. Councilor Sciascia stated this is to avoid any big document dump right before a Town Council meeting. A Motion was made by Councilor Mackin to TABLE to the next O&R Motion: by Councilor Mackin to TABLE to September 30, 2020 at 5pm Second: by Councilor Flaherty Roll Call Vote: For (3 – Flaherty, Mackin, , Sciascia), Against (0), Absent (1 - Ringius), Abstain (0) New Business • None It was unanimously voted by Roll Call to adjourn the meeting at 7:17 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 002 20 Council President: Town Council Rules or take up any action relative thereto September 30, 2020 Committee on Ordinance & Rules 6 of 6