WESTERLY TOWN CHARTER REVISION COMMISSION OF 2007

 

 

 

FINAL REPORT

 

 

 

 

January 28, 2008

 

 

 

 

 

Table of Contents   

                                                                                                                                             Page

     

      Section I:      Introduction                                                                                                    3                                                           

Section II:     Executive Summary                                                                                        5

 

Section III:  Commission Recommended Town Charter Revisions                            7

 

A.     Transparency Issues

 

1.   Financial Impact Statement                                                                            7

2.   Publicity of Records/Web Site                                                                       8

3.   Director of Finance Department                                                                    10

4.   Organization Department of Finance                                                  11

5.   Duties of the Board of Finance                                                                      11

6.   School Accounting and Reporting Standards                                     12

 

B.     Quality and Structure of Government Issues

 

1.   Code of Ethics                                                                                              12

2.   Reorganization of Planning, Zoning, Code Enforcement                                  14

3.   Elimination of  Political Party Labels from School Committee Ballots    16

4.   Term Limits for Boards, Commissions, and Committees                                16

5.   Municipal Court                                                                                            17

6.   Probate Court                                                                                              17

 

C.     Rights of the Electorate Issues

 

1.   Recall                                                                                                           19

2.   Duties of the Council; Rights of the Electorate                                    21

3.   Mechanism for Charter Revision                                                                   22

4.   Initiative and Referendum                                                                              23

 

D.     Housekeeping Issues

 

1.   Town Manager Designee for Temporary Absences                           25

2.   Delete Manager Residency Requirement                                                       25

3.   Eliminate Separate Ordinance Procedure Town Staff Compensation               26

4.   Open Meetings and Access to Public Records Laws                        26     

5.   Deletion of Section 2-1-5                                                                             26

           

  Section IV:     Appendices

     

Appendix A:  Charter Revision Commission Issues List                                                         28

 

Appendix B:  Other Communications Received by the Commission                   29

 

 

 

Section I:  Introduction

 

On August 20, 2007, the Westerly Town Council appointed a Charter Revision Commission to review the Westerly Town Charter. The Town Council charged us to submit any recommended Charter revisions by February 1, 2008.  This report does so.

 

Since the Town Charter’s creation in 1968, state and federal laws and Town demographics have changed.  Technology has changed significantly.  Accordingly, we recommend several revisions to the Westerly Town Charter.

 

Our Commission consisted of nine town full-time residents who the Council appointed from a list of volunteers.  We first met on September 7, 2007, and have held open public meetings approximately every two weeks thereafter until the end of January 2008, at which time our commission expired.

 

The Commission followed a three-step process in developing these recommendations.  First, all commission members reviewed the Westerly Town Charter to develop a common understanding of the charter and to identify potential need for revisions.  Second, our Commission encouraged public input throughout the process.  We submitted Westerly Sun Public Forum letters, soliciting public attendance, mail, and email. We also met with residents and Town officials to advise and discuss various issues raised by the public and Commission members.  Third, Commission members carefully reviewed all other Rhode Island town charters, which can be accessed at http://www.muni-info.ri.gov/publications/, to identify provisions that we felt could be beneficial to Westerly residents.

 

We discussed all input and each potential revision, thoroughly, in open public meetings.  After discussion, the Commission members voted upon each proposed revision.  We forwarded our recommended revisions to the Town Solicitor, Steven Hartford, for his legal comments. We presented the results of the Commission’s efforts to the Town Council at a special workshop on January 22, 2008. 

 

This report summarizes our Commission’s final efforts. Section III contains our recommendations for specific Charter revisions.  Appendix A lists all addressed issues, and their outcomes.  Appendix B contains copies of all other written submissions to this Commission.  One member submitted some of her recommendations for Charter Revision as a separate minority report to the Council. Those separately submitted issues were discussed, in part, during the proceedings of the Commission. They will be found in that separate minority report which was submitted by Donna Chiaradio to the Council on December 17, 2007. 

 

One issue, a mayoral form of government, was carefully considered and thoroughly discussed, but not presented for recommendation by this Commission.  We concluded that changing to a mayoral form of government would require much more extensive revision throughout the Charter, would oblige the Council and Solicitor to additional, extensive revision of a number of Town Ordinances, and would be an extended project in and of itself.  Given the limited time available to this Commission, and sensing a lack of consensus among Town officials, we respectfully have deferred this issue to the future.

 

Section II:  Executive Summary

 

The Westerly Town Council’s charge to the Charter Revision Commission of 2007 was “to review all aspects of the charter and to report back to the Council with any recommendations for revisions or amendments within five (5) months of its commencement.”  In doing so, the Commission researched and discussed over thirty potential revisions covering all aspects of the current charter. The Commission recommends several revisions from that list.

 

Overall, the Westerly Charter Review Commission concludes that Westerly’s charter is well conceived, comprehensive, and has served the Town for nearly forty years.  However, some structural uncertainty, and confusion about conflicting function and authority, have led to unnecessary official and public frustration.  This especially has been true of Town-School interaction.  It also applies to the structure and coordination of Town planning, zoning, and code enforcement.  We also heard many requests for, in the era of the Internet, increased transparency of government activities. Last, we encountered some imperfections in our Charter, for which we have proposed minor changes. The several recommended revisions reflect our best efforts to address those public concerns. 

 

We divided these revisions into four categories: housekeeping, transparency, quality/structure of government, and rights of the electorate. Housekeeping focuses on department structure and process. Transparency seeks improved communication among our government departments and our electorate.  Quality of government revisions focus on improvements in present government structure and upon continued accountability of our future leaders.  Rights of electorate changes recommend processes by which the electorate can directly participate in major decisions.

 

One of our two major focus areas was Westerly Municipal and School Department interaction and its public consequences.  The current Charter does not adequately reconcile some differing perceptions – with resultant occasionally compromised communication, irritation – and misunderstanding – some of which continues to this date.     Let us be clear.

 

Our Commission acknowledges Rhode Island Law § 16-2-9(a) which states:

 

“The entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns.”

 

 

 

We do not and cannot disagree with that law.  However, especially during these times of increasing financial commitments and financial constraints, we also know that RIGL §16-2-9.1 (4) and (5) also require that school committees must:

 

 

“Accept and encourage a variety of opinions from and communication with all parts of the community” and must “Make public relevant institutional information in order to promote communication and understanding between the school system and the community.”  And § 16-2-9.3(a) “declares that there is a need … to strengthen the fiscal accountability of school districts.” And § 16-2-9.3(5) and (b) direct “a uniform system of accounting” while § 16-2-9.3 (b) promotes “sound fiscal practices.”

Our Commission recommends several Charter remedies, very consistent with State and local law, and consistent with other Rhode Island municipal charters, to improve Town-School interaction.  We believe that an amended Town Charter, consistent with applicable laws, will respect School Department prerogatives. And such Charter revision will improve the mandated communication between the Town Finance Board, Finance Department, the Town Council, and their School Committee colleagues – to the benefit of all.

 

Our second major focus involved planning, zoning, minimum housing and code enforcement.  Many citizens and officials criticized the disjointed process facing homeowners and developers attempting to build, renovate, or comply.  Current review and permit processes cause delays, miscommunication, and uncertain follow-up.  Board and department heads are equally frustrated.  So we recommend reorganizing Planning, Minimum Housing, Zoning, and Code Enforcement into a unified department - with clear lines of authority - and accountability.

 

We trust the Council to read our recommendations with the same care with which we wrote them.  We spent many extra sessions to research, challenge, and refine our language – both to convey our concepts precisely and to relieve a busy Council and Solicitor from having to do all of these labors. Our Commission has devoted several hundred valuable person hours to these issues, and we now better appreciate your own considerable efforts toward general government. 

 

Commission members stand ready to meet again with the Council, as you may require.

 

Section III: Commission Recommended Town Charter Revisions

 

The Westerly Town Charter Revision Commission, after public input, full open discussion, and careful deliberation, recommends that the Town Council provide publication of the following Charter revisions and provide for submission of these revisions to the Westerly Town electors at a general or special election. 

 

(Please note that recommended additional language is bold faced and recommended deletions are marked with strike through font in the recommended Charter revisions below.)

 

A.     Transparency Issues:

 

1.  Financial Impact Statement for Bond Referenda § 2-1-9 (h) 2

 

PREFACE:  To ensure proper evaluation and passage of needed bond-financed projects, the public must be well informed.  This principle is incorporated in a wide range of documents, from the U.S. Constitution’s First Amendment, Federal Truth in Lending regulations, Freedom of Information laws, to Rhode Island’s Title 38 open records provisions.  For example, school committees must “make public relevant institutional information in order to promote communication and understanding between the school system and the community,” under Rhode Island General Laws, Title 16-2-9.1(5).  Indeed, the Rhode Island Assembly, in RIGL § 16-2-9.3 noted, “that there is a need … to strengthen fiscal accountability” and to promote “sound fiscal practices.”  By requiring financial impact statements for bond issues, our small Westerly Charter change is consistent with, and assists these principles.

 

Occasionally bond advocates will gloss over spending details.  Or they may obscure the cost of borrowing.  Or they might summarize the effect of bond debt in terms of daily cups of coffee, or certain number of dollar tax increases for an average homeowner for a vague time.  But if financial information is incomplete, or distrusted, a good bond issue may fail at election.  Or taxpayers may pay more than necessary for a poor bond issue, if denied the opportunity of full financial disclosure.  And those who propose to spend our money often propose more wisely, are more fiscally accountable, and more likely to comply with sound fiscal practices - when subject to full public scrutiny.

 

The public has a right to an accurate financial impact statement.  Unfortunately, not all those who propose bond issues provide such information.  Some state that Town regulations do not apply to them.  Others may claim that they are not allowed to do this.  Our proposal does not make them do so.  Rather, our proposal requires the Town’s own finance department to provide the financial impact statement to voters – even if the original bond proposers do not. 

 

Our proposal also requires publication of this financial information, by the Town, not by the original proposers.  So voters easily can know what the proposed bond involves – without physically having to visit a Town office during business hours to inspect a report.

 

Full public financial disclosure of major public borrowing should not be an easily reversible ordinance.  It must be an essential part of a good Town charter.  Future Westerly citizens will judge us, in part, for the financial legacy we leave to them.  For all the above reasons, we respectfully ask the Town Council to pass this recommended revision of Westerly Town Charter § 2-1-9 (h) 2 along to the Westerly voters for referendum, as follows.

 

 

RECOMMENDED CHARTER REVISION of § 2-1-9 (h) 2.   (Recommended additional language is bold faced in the paragraphs below.)

 

§ 2-1-9. Powers of the Council.

 

The Council shall have the power …….

 

 (h) 1. To authorize the issuance of tax anticipation notes by resolution, to the

extent permitted by law.

 

  2.To authorize the issuance of bonds or notes by resolution, to the extent permitted by law, but no bonds shall go to referendum unless there be a financial impact statement provided by the Town finance department and published by the Town in a newspaper having general circulation in the Town and on Westerly’s publicly accessible website, not later than 60 days prior to approval, and no bonds shall be issued unless approved by a majority of the electors voting, who are qualified to vote on financial matters of the Town, at any general or special election to be held at such polling place or places as may be designated by the Board of Canvassers.

 

RECOMMENDED BALLOT DESCRIPTION:   Shall the Town finance department be required to publish a financial impact statement before bond issues are submitted for Westerly voter approval?   YES   NO

 

2. Publicity of Records - § 15-1-7

 

PREFACE:  Rhode Island General Law, Title 38-2, states, “The public's right to access to public records and the individual's right to dignity and privacy are both recognized to be principles of the utmost importance in a free society.”  Our recommended Charter revision    § 15-1-7 significantly improves compliance with both of those important principles. 

 

The primary purpose of RIGL Title 38-2 is to facilitate public access to all types of public records.  However, when this Charter began in 1968, copy machines were in their infancy, and web sites not yet conceived.  So the previous Charter § 15-1-7 only required the Town to let the public inspect public records - during business hours. Then, access to public records often compelled inconvenient direct visits or written correspondence – and valuable Town staff time to respond.  Now, technology allows the Town, very inexpensively, to provide vast amounts of public records to its public on the web - twenty-four hours per day.

 

Currently, Westerly has a very good web site.  But it is voluntary – with some departments choosing to be more supportive than others.  The current web site functions only as well, as openly, and as long, as this and future administrations desire.  We believe that the Town web site should be more than a voluntary display of public records.  So our Charter revision language requires web publication of those basic public records in which the public has expressed the strongest interest.  And our revised § 15-1-7 allows future officials to increase that public record access.

 

The following Charter revision also contains some additional personal privacy record protections – and is more compatible with RIGL 38-2 and other municipal charters.

 

RECOMMENDED CHARTER REVISION of § 15-1-7. Publicity of records:   (Recommended additional language is bold faced and recommended deletions are marked with strike through font in the paragraphs below.)

 

§ 15-1-7. Publicity of records.

 

(a)    All records and accounts of every office, department or agency of the Town shall be open to inspection by any person at such time and under such regulations as may be established by the Manager, except records and documents, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish reasonable times and under reasonable regulations, provided, however, that the foregoing provision shall not apply to the following:

1.      Personnel, medical, and family services investigation files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

2.      Investigatory files compiled for law enforcement purposes, the publication of which would defeat their lawful purpose;

3.      Records specifically defined as exempt from public access by Rhode Island or federal law.

(b)    There shall be a Town publicly accessible electronic web site, on which the Town shall display the following public records for a minimum of three calendar years, unless otherwise directed in this section.

1.      All future notices and information which require newspaper publication by this Charter or by Westerly Town ordinance;

2.      All proposed, submitted, revised, recommended, filed, final, and amended Town budgets as described in section § 3 of this Charter;

3.      All school budgets submitted to the Town as described in section § 11 of this Charter, and all school budget changes pursuant to section § 3 of this Charter;

4.      All Town property tax assessments, Board of Assessment Review decisions, and property, water, and sewer tax abatements and refunds, all of which descriptions shall include property address and owner;

5.      Town tax rates and Town usage, application, and permit fees;

6.      The names and designated Town mail and Town email addresses of all elected Town officials, the Town Manager, the Town Chief of Staff,  the Town Solicitor, School Committee members, the Town School Superintendent, during their terms of service, and all Town Department offices; 

7.      The complete labor and professional contracts ratified by the Town, or the School Department, and labor and professional unions for a minimum of ten calendar years after ratification, and all such future contracts shall be published on the Town web site no later than five business days after final ratification; 

8.      Timely agendas, minutes, and reports of the meetings of the Town Council, School Committee, and all other Town boards, commissions, agencies, committees, ad hoc committees, and subcommittees, elected or appointed;

9.      Links to vendors contracted by the Town to provide public web site information, and additional links determined by public officials, provided, however, there shall be no displayed private commercial advertising on this Town web site;

10.  Additional records as determined by Town officials or required by Rhode Island or federal law.

 

RECOMMENDED BALLOT LANGUAGE:  Shall the Town web site be required to protect personal privacy and to provide public access to Town and School department agendas, minutes, reports, budgets, labor contracts, and some other public records, which are required to be public by law?   YES   NO

 

*******

 

EXPLANATION: Having heard extensive comments, the Charter Revision Commission recommends charter revision to improve Town interaction with Westerly’s Public Schools. We acknowledge that the State educational law, RIGL § 16-2-9 (a) vests the entire care, control and management of all public school interests in the school committee, and we do not presume to change that.

 

We also note State requirements for school district accounting compliance and for better communication with the Town and its citizens as directed by RIGL § 16-2-9.1(4)(5), 

§ 16-2-9.3(a)(5) and (b), and § 16-2-9.4(a).  Accordingly we recommend some changes to 3-1-4 Duties of the Board of Finance; 7-1-1 Organization of the Department of Finance; 7-1-4 Director of Finance Powers and Duties; and, 11-1-7 publication and Town approval of the School Budget.

 

By clarifying and improving Town-School communication and interaction, consistent with Title 16 of State law, we believe that, by working together, the Town can work more effectively for the benefit of all.

 

3.      RECOMMENDED CHARTER REVISION: § 7-1-4. Director of Finance Department. (Recommended additional language is in bold font.)

 

§ 7-1-4. Powers and duties.

 

The Director of Finance shall be the Town Treasurer and may be the Tax Collector

subject to the provisions of this Charter and ordinances consistent therewith. The Town

Treasurer and Tax Collector are vested with and shall have all powers and duties now and

hereafter vested by law in Town Treasurers and Tax Collectors and shall have charge of

the administration of the financial affairs of the Town.

 

The Office of the Finance Director shall:

 

(c) Keep separate accounts for the various departments, and The Westerly School Department, and offices and divisions for which a separate allocation is made in the Town budget, each of which accounts shall show the amount of funds appropriated, the amounts paid there from, the unpaid obligations against it, and the unencumbered balance.

 

(e) Prepare a monthly statement of all receipts and disbursements in sufficient

detail to show the exact cash position and unencumbered position of the offices,

departments, and The Westerly School Department, and agencies of the Town and to prepare as of the end of the fiscal year a complete financial statement and report, which report shall be deemed a public record.

 

 

RECOMMENDED BALLOT LANGUAGE:  Shall the Town Director of Finance keep a separate account for the school department, as it does for the other divisions, and shall the Town include school department financial data in the Director of Finance’s monthly reports?  

YES   NO

 

4.     Organization Department of Finance.

 

RECOMMENDED CHARTER REVISION: § 7-1-1 (Deleted language is in strikethrough font and recommended additional language is in bold font.)

 

§ 7-1-1. Organization.

 

There shall be a Department of Finance, the head of which shall be the Director of

Finance, who shall be the Town Manager or a person appointed by him or his designee. The Department shall be organized into as many divisions or offices consistent with the provisions of this Charter, as may be deemed necessary by the Council on recommendation of the Town Manager. The Town Manager shall appoint the head of such divisions as may be created except that the chief financial officer of the School Department shall be appointed by the Superintendent of Schools.  The chief financial officer of the School Department shall provide all school department financial information directed by the Director of Finance of the Town.

 

RECOMMENDED BALLOT LANGUAGE:  Shall the chief financial officer of the school department, appointed by the School Superintendent, provide all school department financial information as directed by the Director of Finance of the Town?   YES   NO

 

5.  § 3-1-4. Duties of the Board of Finance.

 

PREFACE:  This recommended change is to insure that proposed, tentative and approved budgets are posted promptly on the town website and in local newspapers.

 

RECOMMENDED CHARTER REVISION: 3-1-4. Duties of the Board of Finance. (Bold face language denotes  additions.)

 

(a) After the submission of the recommended annual budget proposals by the Town

Manager, the Board of Finance shall hold its first meeting of the recommended

annual school budget as soon as practicable. The Board of Finance is empowered to confer with the Town Manager, all department heads, and any others deemed necessary for the understanding and fair consideration of the requested appropriations and sundry resolutions. The Board of Finance will have the power to recommend revision to any of the proposed school budget items and must conduct one public hearing after a tentative school budget has been formed. Prior to this public hearing, the Town Clerk shall publish this tentative school budget in a newspaper having general circulation in the Town and also on the Town’s publicly accessible website or future electronic equivalent. This publication shall include the complete, detailed school budget estimates of receipts and expenditures, being the same as described in section 11-1-7 of this Charter and any recommended revisions by the Finance Board.

 

(b) The Board of Finance shall hold its first meeting of the recommended municipal

budget submitted by the Town Manager as soon as practicable. The Board of

Finance will have the power to revise any of the proposed municipal budget

items and must conduct one public hearing after a tentative municipal budget

has been formed. Prior to this public hearing, the Town Clerk shall publish this tentative municipal budget in a newspaper having general circulation in the Town and also on the Town’s publicly accessible web site or future electronic equivalent.  

 

RECOMMENDED BALLOT DESCRIPTION: Shall the Town publish detailed tentative school and municipal budgets on the Town’s web site and in a local newspaper?   YES     NO

 

6.     School Accounting and Reporting Standards:

 

PREFACE: Under R.I. General Law 16-2-9.4, the Office of the Auditor General and the R.I. Department of Elementary and Secondary Education (“RIDE”) are charged with promulgating a uniform system of accounting, including a Uniform Chart of Accounts (“UCOA”). The UCOA provides: Transparency; Uniformity; Accountability; and, Comparability. The benefit of this approach is to provide for effective analysis using accounting data prepared in a consistent and comparable method using uniform groupings and categories. The recommended language below just reflects existing practice.

 

RECOMMENDED CHARTER REVISION: § 11-1-7. Budget. (Recommended additional language is in bold font.)

 

§ 11-1-7. Budget The School Committee shall submit detailed proposed budget estimates of receipts and expenditures including line item comparison to the prior year’s actual and budgeted amounts as well as actual amounts for the two years prior to the previous year to the Town Manager on or before the second Monday of January each year.  The allocations of the amounts appropriated shall be determined by the School Committee and be prepared consistent with a Uniform Chart of Accounts (“UCOA”) as promulgated by the R.I. Department of Elementary and Secondary Education (“RIDE”).

 

RECOMMENDED BALLOT DESCRIPTION: Shall the Charter be amended to require the School Committee submit its budget in conformance with the State’s Uniform Chart of Accounts?   YES    NO

 

B.     Quality and Structure of Government Issues

 

1.     Code of Ethics § 2-1-2; § 2-1-13;  § 11-1-4; § 11-1-8; § 15-1-5 

 

PREFACE: Westerly is quite satisfied with the ethical conduct of its elected and appointed officials.  However, general concern with ethics in government suggests that the Charter incorporate standards of ethical conduct so that future elected and appointed officials be aware of and also comply with those standards.

 

RECOMMENDED CHARTER REVISION: To incorporate a code of ethics into the Town of Westerly Town Charter, the following changes are recommended.  (Recommended additional language is in bold font.)

 

Add new section 2-1-13 Code of Ethics to Article II TOWN COUNCIL, Chapter 1 as follows:

The statutes enabling and providing for the standards to be applied to public officials in the State of Rhode Island by the Rhode Island Ethics Commission, as from time to time amended, and the decisions of the Ethics Commission are incorporated by reference in the Charter of the Town of Westerly. The elected members of the Town Council shall become familiar with these standards during their tenure. The Town Council shall also ensure that all persons appointed to town Boards and Commissions shall become familiar with these standards during their tenure.

Add new section 11-1-8 Code of Ethics to Article XI SCHOOL DEPARTMENT, Chapter 1 as follows:

The statutes enabling and providing for the standards to be applied to public officials in the State of Rhode Island by the Rhode Island Ethics Commission, as from time to time amended, and the decisions of the Ethics Commission are incorporated by reference in the Charter of the Town of Westerly. The elected members of the School Committee shall become familiar with these standards during their tenure.

 

Additionally, Sections 2-1-2, 11-1-4, and 15-1-5 of the Westerly Town Charter should be modified (additional language is shown in bold print) to read:

 

§ 2-1-2. Qualification.

Members of the Council shall be qualified electors of the Town and shall hold no other

paid public employment in the service of the Town. Any person serving as a member of

the Rhode Island General Assembly shall not be permitted to serve as a member of the

Council. If a Councilman shall cease to possess any of these qualifications or shall be

convicted of a crime involving moral turpitude, his office shall immediately become

vacant. No member of the Council shall vote on any proposition through which the

member, or an immediate family member1, directly or indirectly could personally benefit. No member of the Council shall be appointed to any paid public office of the Town during his tenure on the Council or for a period of one year thereafter.

 

 § 11-1-4. No personal benefit.

No member of the School Committee shall vote on any proposition through which the

member, or an immediate family member1, could personally benefit, directly or indirectly.

 

§ 15-1-5. Personal financial interest.

Any Town officer or employee who has a substantial financial interest, or whose immediate family member1 has a substantial financial interest, direct or indirect

or by reason of ownership of stock in any corporation, in any contract with the Town or

in the sale of any land, material, supplies or services to the Town or to a contractor

supplying the Town shall make known that interest and shall refrain from voting upon or

otherwise participating in his capacity as a Town officer or employee in the making of

such sale or in the making or performance of such contract. Any Town officer or

employee who willfully conceals such a substantial financial interest or willfully violates

the requirements of this section shall be guilty of malfeasance in office or position and

shall forfeit his office or position. Violation of this section with the knowledge, expressed

or implied, of the person or corporation contracting with or making a sale to the Town

shall render the contract or sale voidable by the Manager or the Council.

 

(1) Editor’s Note: An immediate family member is defined as a spouse or dependent child as well as a person who is related to any public official or public employee, whether by blood, adoption,  or marriage, as any of the following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister.      

 

RECOMMENDED BALLOT DESCRIPTION: Should the Town of Westerly Charter be changed to include a Code of Ethics section applicable to all elected and appointed officials, consistent with and referenced to the Rhode Island Code of Ethics?  YES    NO

 

2.     Reorganization of Planning, Zoning, and Code Enforcement


PREFACE:  Town officials, and those who interact with them, have repeatedly informed this Commission that the process of planning, zoning, and code enforcement is poorly structured, and thus poorly coordinated and frustrating for all. We recommend reorganizing these positions and functions into a single department with clearly understood responsibilities and authority.

RECOMMENDED CHARTER REVISION: § 12-4: Add a new Chapter IV under ARTICLE XII, Planning, Zoning, and Code Enforcement and delete previous 10-1-6 & 7, as follows.  (Deleted language is in strikethrough font and recommended additional language is in bold font.)

Chapter IV
Planning, Zoning, and Code Enforcement Department

§  12-4-1  Planning, Zoning, and Code Enforcement Department

There shall be a Planning Department, the chief officer of which shall be the Director of Planning, Zoning, and Code Enforcement, who shall be appointed by and report directly to the Town Manager.  The Director shall be the chief code and zoning ordinance enforcement officer and shall be responsible for enforcing the building and construction codes and ordinances of the Town of Westerly. The duties of the Director shall be to:

(a) Manage and regulate the process of Development Plan Review of applications proceeding to the Planning Board;

(b)   Direct the Town Planner, Zoning Official, the Minimum Housing Official, and the Code Enforcement Official/Building Inspector in their duties;

(c)    Conduct investigations and inspections, when necessary, to ascertain compliance with such statutes, ordinances, and codes, and take appropriate action on the behalf of the town to bring conditions determined to be at variance with existing standards into compliance; and

(d)   Institute legal proceedings, both civil and criminal, on behalf of the Town for violation of building, plumbing, drainage, electrical, and other similar ordinances

§  12-4-2  There shall be a Town Planner, who shall be appointed by the Town Manager, and who may be or who shall report to the Director of Planning, Zoning, and Code Enforcement who shall assist applicants proceeding before the Planning Board to assure that the proceedings are efficient and thorough.  The Town Planner shall have the authority to make Administrative Subdivision review and approval and shall have such other authority as provided by statute and ordinance.

§  12-4-3  There shall be a Zoning Official, who shall be appointed by the Town Manager, and who shall report to the Director of Planning, Zoning, and Code Enforcement, and who shall be responsible for Zoning determinations, conducting  investigations and inspections to ascertain compliance with Zoning Ordinances and to recommend actions to enforce the same to the Director.

§  12-4-4  There shall be a Minimum Housing Official, who shall be appointed by the Town Manager, and who shall report to the Director of Planning, Zoning, and Code Enforcement.  The Minimum Housing Official shall review all concerns raised by individuals and the public relating to the condition and habitability of buildings and structures used for human habitation.  He shall have the authority to conduct investigations and inspections to ascertain compliance with statutes and ordinances establishing minimum conditions permitting habitability and to recommend actions to enforce the same to the Director.

§  12-4-5  There shall be a Building Inspector and such other inspectors as may be required, who shall be appointed by the Town Manager, and who shall report to the Director of Planning, Zoning, and Code Enforcement. The Building Inspector shall review all concerns raised by town officials, and the public relating to the compliance of buildings and structures, and accessory uses, whether residential or otherwise, with the statutes of the State of Rhode Island, ordinances and codes applicable in the Town of Westerly and to recommend actions to enforce the same to the Director.  It shall be the duty of the Building Inspector to:

(a)   Issue all building and other such permits in accordance with this section and ordinances passed by the Council;

(b)   Maintain a record of all business transacted by him in the course of his duties and to turn over to the Director of Finance forthwith all fees collected by said office;

(c)    Act as the Fence Viewer for the Town.

§ 10-1-6. Building Inspector.

Within the Department of Public Works, there shall be a Building Inspector and such

other inspectors as may be required, who shall be appointed by the Manager.

 

§ 10-1-7. Duties and powers of Building Inspector.

It shall be the duty of the Building Inspector to:

 (a) Issue all building and other such permits in accordance with ordinances passed

by the Council.

(b) Maintain a record of all business transacted by him in the course of his duties

and to turn over to the Director of Finance forthwith all fees collected by said

office.

(c) Act as the Fence Viewer for the Town.

(d) Have charge of the enforcement of building and such other ordinance relating

thereto as may be ordained by the Council and to institute legal proceedings,

both civil and criminal, on behalf of the Town for violation of building,

plumbing, drainage, electrical, and other similar ordinances9 or until such time

as other inspectors are established by ordinance.

§ 10-1-86. Tree Warden

RECOMMENDED BALLOT DESCRIPTION: Shall the positions and duties of planning, zoning, and code enforcement be combined into a single department under the authority of a single director?   YES  NO

 

3.     Elimination of Political Party Labels from School Committee Ballots

 

PREFACE:  The Commission recommends a change to the School Committee ballot language in order to eliminate political party designation on the ballot. The public has indicated that more people would choose to run for this office if not obliged to obtain political party nomination.

 

RECOMMENDED CHARTER REVISION: § 11-1-1: (Recommended additional language is in bold font.)

 

ARTICLE XI

SCHOOL DEPARTMENT

Chapter I

 

§ 11-1-1. School Committee.

 

The School Committee shall consist of seven (7) members elected at large, without party labels on the ballot, to serve a term of four (4) years and until each one’s successor is elected and qualified. Three (3) members shall be elected at the first election after the adoption of this provision, two (2) members for four (4) year terms and one (1) member for a two-(2) year term. Three (3) members shall be elected in 1978 and at regular biennial elections every fourth year thereafter. Four (4) members shall be elected in 1980 and at regular biennial elections every fourth year thereafter. All members of the School Committee in office shall continue in said positions until the expiration of the terms for which they were elected.

 

RECOMMENDED BALLOT DESCRIPTION: Shall political party labels be eliminated from the ballots for school committee candidates?  YES   NO

4.     Term Limits for Appointed Boards, Commissions, and Committees:

PREFACE: We have heard a number of comments that certain long-term appointments may discourage or prevent those with expertise, fresh ideas and constructive approaches from making potentially valuable contributions to various boards, commissions, and committees. The opportunities to serve the Town in voluntary appointed positions should be encouraged. Several suggestions made during the Town Council Workshop and thereafter indicate that the Council may wish to modify the following.

DRAFT CHARTER REVISION:    § 2-1-9-(f) (Deleted language is in strikethrough font and recommended additional language is in bold font.)

§ 2-1-9-(f) to appoint the members of such Boards, and Commissions, and Committees as are designated by the Charter or may hereafter be established except that the Council may not establish any Board or Commission which shall interfere with or encroach upon the administrative powers delegated to the town manager, and except that no public member of the Finance Board, Planning Board, Zoning Board, or Board of Assessment Review, shall serve more than two full consecutive terms.