WESTERLY TOWN CHARTER REVISION COMMISSION OF 2007

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

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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. After serving two full consecutive terms that public member may not again serve on the same board for three years or serve on any of the other three boards for one year.

No public member of other appointed boards, commissions, and committees shall serve more than fifteen years. After serving fifteen years that public member may not again serve on the same board, commission, and committee for one year.

RECOMMENDED BALLOT DESCRIPTION: Shall there be term limits for the Finance Board, Planning Board, Zoning Board, Board of Assessment Review, and other appointed boards, commissions, and committees, to encourage increased citizen participation? YES NO

5. Municipal Court

PREFACE: Rhode Island General Law states that the essential structure and function of the Municipal Court is determined by the Town Council. An independent judiciary being an essential branch of government, we recommend that, by Town Charter, future Municipal Court Judge selection shall be based upon a formal application process, that the judicial salary be reasonable, and the Judge be barred from political activity.

RECOMMENDED CHARTER REVISION: § 13-4 (Recommended new language is in bold font.)

Chapter IV

Municipal Court

§ 13-4-1 Selection.

The Judge of the Municipal Court shall be appointed by the Council upon formal application, upon the basis of his qualifications, and after a merit interview with the Council.

§ 13-4-2. Qualifications.

At the time of his appointment and during his term of office, the Judge of the Municipal Court shall not be a member of any Town or state central committee of any political party, and shall be barred from contributing to any political candidate or party.

§ 13-4-3. Compensation.

The salary of the Judge of the Municipal Court shall be determined by the Town Council.

§ 13-4-4. Ordinance.

The Town Council shall determine all other matters related to the Municipal Court, by ordinance, consistent with State law and the provisions of this section.

RECOMMENDED BALLOT DESCRIPTION: Shall the Judge of Municipal Court be selected by a formal application and interview process and be barred from political activity? YES NO

6. Probate Court

PREFACE: An independent judiciary is an essential branch of government. Accordingly, we recommend that, by Charter, future Judge of Probate selection shall be based upon a formal application process, that the judicial salary be reasonable, and that the Judge be barred from political activity.

Also, the previous description of who shall be Town and Probate clerk is imperfect and is thus corrected. Although we are confident that all fees currently received by the Probate Court are being appropriately deposited in Westerly’s account, we recommend that fee deposit Charter language be clearer and more consistent with the rest of the Charter and with other charters.

RECOMMENDED CHARTER REVISION: § 13 (Recommended deletions are in ~~strikethrough font~~. Recommended additional language is in bold font.)

Chapter II

Probate Court

§ 13-2-1. Selection and term.

There shall be a Judge of Probate who shall exercise and perform the powers and duties

of a Probate Court for the Town, who shall be appointed by the Council ~~by resolution~~ upon formal application, upon the basis of his qualifications, and after a merit interview with the Council to serve for a term ~~concurrent with that of the Council and until his successor is appointed~~ ~~and qualified~~ of five years.

§ 13-2-2. Qualifications.

The Judge of Probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state. At the time of his appointment and during his term of office, the Judge of Probate shall not hold any elective or appointive office in the Town, or state, nor be a member of any Town or state central committee of any political party, and shall be barred from contributing to any political candidate or party.

§ 13-2-3. Vacancies.

In the absence, disability or disqualification of the Judge of Probate so that he is unable

to perform his duties, the Town Solicitor or, in his absence or inability, the several

assistant solicitors at the designation of the Town Solicitor, shall serve as Acting Judge of

Probate, and if the Town Solicitor, or the several assistant solicitors, shall be unable to

serve, then the Town Council may appoint ~~any~~ a member of the bar of the state to perform

the duties of the Judge of Probate as provided in § 13-2-1 of this Charter. The Acting Judge of Probate when so serving shall have and exercise all the powers and duties of the Judge of Probate, provided that, if the vacancy caused by the absence or inability of the Judge of Probate is to be or has been more than 90 days, the Council ~~by resolution~~ as provided in § 13-2-1 of this Charter shall appoint another Judge of Probate ~~to fill out the unexpired term~~ for a term of five years.

§ 13-2-4. Clerk and fees.

The Town Clerk shall be the Clerk of Probate. ~~The Clerk of Probate shall be the Town Clerk.~~ All fees paid into the Probate Court shall ~~inure to the benefit of the Town~~ be transmitted forthwith to the Town Treasurer and be deposited in the general funds of the Town unless otherwise directed by the General Laws of the State of Rhode Island.

§ 13-2-5. Compensation.

The Council shall determine and fix the salary of the Judge of Probate.

RECOMMENDED BALLOT DESCRIPTION: Shall the Judge of Probate be selected by a formal application and interview process, the term be extended to five years, and be barred from political activity? And shall the Charter be amended to clarify language which designates the Town Clerk as the Probate Clerk and that all Probate fees shall be deposited in the General Fund of the Town? YES NO

C. Rights of the Electorate Issues

1. Recall § 5-3

PREFACE: Another town’s recent dysfunctional hostilities show the need for a recall provision in our own Town Charter. We also believe that now is an especially good time to propose this remedy, since no current Town official need fear its application. Recall should be difficult to commence, difficult to force to election, and difficult to achieve.

Accordingly, we recommend that one hundred electors must apply to commence recall, in other words to be able to start gathering recall petition signatures. We further recommend that a number equal or greater than 35% of the number of qualified electors who voted in the most recent general election, be required to sign a petition, in order for a recall election to occur. And that petition must be done within 45 days. We also recommend there be at least a two-thirds vote, of those who do vote, to remove the official at the recall election. These provisions are probably more difficult to effect than those of any other Rhode Island municipal charter.

Recall can protect Westerly from the rare elected official who threatens Town integrity. Conversely, this charter revision should not threaten any sincere and honest official. We, therefore, respectfully request that the Town Council pass the following Charter recall revision § 5-3 on to the electorate.

RECOMMENDED CHARTER REVISION § 5-3: (Creates a new Chapter III in § 5 of the charter. All language is new to the charter, but most comes from other Rhode Island municipal charters.)

Chapter III

Recall

§ 5-3-1. Officials subject to recall.

Any member of the Town Council or School Committee may be removed from office by recall, provided that recall may not be initiated during the first four (4) months or the last eight (8) months of the term of the incumbent. The procedure to accomplish recall shall be as follows.

§ 5-3-2. Initiation of recall.

One hundred (100) qualified electors of Westerly shall file a declaration of intent to petition for recall with the Town Clerk and shall name the elected official who those electors desire to be recalled.

§ 5-3-3. Collection of recall petition signatures.

(a) Within forty-five (45) days of the presentation of said declaration to the Town Clerk, a written petition demanding the removal of said official shall be filed with the Town Clerk. Said petition shall include the signatures of not less than thirty-five percent (35%) of the number of qualified Town electors who voted at the most recent general election.

(b) Said petition, prior to being circulated for signatures, shall be filed with the Town Clerk who shall attest to the filing and affix the seal of the Town.

(c) Said petition shall include the name and place of residence of each signer.

(d) The signatures on any recall petition provided for in this section may be on separate paper, but to each paper there shall be attached a signed statement of the circulator thereof, who shall state therein under sworn oath and penalty of perjury, that each signature appended to such paper was made in the presence of the circulator. All such papers comprising a recall petition may be bound together or filed as separate papers at different times, provided, however, that all such separate papers must be filed within the time limit set herein.

§ 5-3-4. Verification of recall petition signatures.

The Town Clerk shall, within five days of the filing of said recall petition, refer said recall petition to the Board of Canvassers, which shall, within ten days from the date of receipt of said petition from the Town Clerk, determine the sufficiency thereof and certify the results to the Town Clerk.

§ 5-3-5. Schedule of recall election.

(a) The Town Clerk, upon receiving the certified results of said petition from the Board of Canvassers, shall schedule a recall election to be held not less than fifty (50) nor more than sixty-five (65) days following the date on which the Board of Canvassers certified the signatures to be sufficient.

(b) The Town Clerk shall publish more than thirty (30) days prior to the recall election, in a newspaper having general circulation in the Town, and on the Town’s publicly accessible web site, notification of the recall election, the name of the official subject to the recall election, and a true copy of the ballot, which shall be used in said recall election.

§ 5-3-6. Conduct of recall election.

(a) The ballot prepared for the recall election shall include the name and office of the person for whom a petition with sufficient signatures has been filed and shall contain the question: “Shall (name of person) be removed from the office of (name of office)?” And immediately following said question there shall be printed upon the ballot “YES” “NO”

(b) If two-thirds of the votes cast on the question are in the affirmative, the person whose removal is affirmed by that vote shall be deemed to have been removed from office as of the date of certification of the results by the Board of Canvassers.

§ 5-3-7. Ordinances.

The Town Council may, through ordinance, carry out provisions of this section not inconsistent herewith.

RECOMMENDED BALLOT DESCRIPTION: Shall voters be allowed the right to petition, recall, and remove Town Councilors and School Committee Members, at special recall elections? YES NO

2. § 3-1-5. Duties of Council; rights of the electorate.

PREFACE: The commission is recommending two basic changes: (1) that the school budget and the municipal budget be presented to the electorate separately; and. (2) that both budgets shall be approved by a vote of the electorate. The reasons for the former are to create greater accountability to the electorate for these budgets; to clarify how the town’s resources are being spent; and for the electorate to provide more focused feedback as to its priorities. The reasons for the latter reflect those of the former, but also aim to create more public awareness and participation in this critical process of democratic governance. It is important to note that this recommendation is not a financial town meeting with all of its intrigue and emotion; rather, it is an opportunity for the electorate to vote quietly and privately its preferences in the same way it does currently in the case of a bond issue. Because of changing cost structures and use of taxpayer funds, the annual budget has taken on greater significance than the occasional bond. Therefore, this commission is recommending that annual budgets receive the same scrutiny as bonds.

RECOMMENDED CHARTER REVISION § 3-1-5. Duties of Council; rights of the electorate. (Deleted language is in ~~strikethrough font~~ and recommended additional language is in bold font.)

(a) The Town Council shall review the recommendations of the Finance Board and

shall make any revisions that it may deem necessary or desirable, in which case

the Council shall make provisions for ~~no less than~~ ~~two~~ one public hearing ~~s. They are to~~ ~~be held on two separate days and~~ which shall be concluded no later than the ~~second~~ first Monday in April. Before the expiration of this period, the Council shall file the proposed budget with the Town Clerk.

(b) Within seven days of this filing, the Town Clerk shall publish the proposed

budget in a newspaper having general circulation in the Town and also on the Town’s publicly accessible website which shall indicate all items and amounts thereof that the Council has altered, rejected, added, or deleted, in some appropriate manner on the budget as being those items either not recommended or not having been considered by the Board of Finance.

~~appropriation for any department, office, or purpose) may be contested by~~

~~means of a petition for change signed by 3% or more of the qualified electors as~~

~~determined at the previous general election. Such petition may be instituted by~~

~~any qualified elector, but prior to being circulated for signatures, such petition~~

~~shall be filed with the Town Clerk who shall attest to the filing and affix the seal~~

~~of the Town. If no petition for change is presented before the expiration of this~~

~~period, the budget as proposed by the Council shall be considered as adopted.~~

~~(d) If one or more petitions for change are filed within the period designated in § 3-~~

~~1-5(c) and have at least the required number of signatures thereon, the Board of~~

~~Canvassers shall, within seven days, check the validity of the signatures. Within~~

~~35 days of validation by the Board of Canvassers, a referendum shall be held at~~

~~such polling place or places as may be designated by the Board of Canvassers.~~

~~proposed budget shall or shall not be amended as proposed by any valid petition~~

~~for change. If more than one petition for change affects the same appropriation,~~

~~a plurality of those qualified electors voting shall determine the amount of such~~

~~appropriation that will become a part of the adopted budget~~.

(c). An All-Day Financial Referendum shall be held on the third Saturday in April from 8 AM to 8 PM at a location or locations to be determined by the Town Clerk. The municipal and school budgets should be separate items and voted on separately.

(d). Rejection of budgets.

(1) Municipal budget.

(i) If the municipal budget is rejected by the voters in the All-Day Referendum, the Council may call for a second referendum and present a revised Budget. If the referendum should carry over into the new fiscal year, the previous year’s budget shall be used on a monthly basis up to three months.

(ii)Alternatively, the Council may accept a “cost of living budget” equal to the prior year’s budget plus the product of the prior year’s budget and the Consumer Price Index (CPI), but in no case greater than the rejected budget.

(iii) In the event that the budget is not approved in the second referendum, the Council shall adopt a “cost of living budget” as defined in (1) (ii) above.

(2) School budget.

(i) If the school budget is rejected by the voters in the All-Day Referendum, the School Committee may call for a second referendum and present a revised budget. If the referendum should carry over into the new fiscal year, the previous year’s budget shall be used on a monthly basis up to three months.

(ii)Alternatively, the School Committee may accept a “cost of living budget” equal to the prior year’s budget plus the product of the prior year’s budget and the Consumer Price Index (CPI), but in no case greater than the rejected budget.

(iii) In the event that the budget is not approved in the second referendum, the School Committee shall adopt a “cost of living budget” as defined in (2) (ii) above.

(e) Mail ballots and emergency ballots will be available by application only to the

Board of Canvassers according to regulations that may be imposed by the Board

of Canvassers necessary to implement this adoption. The majority of the

qualified electors voting at such a referendum shall determine whether the

proposed budget shall or shall not be amended as proposed by any valid petition for change. If more than one petition for change affects the same appropriation, a plurality of those qualified electors voting shall determine the amount of such appropriation that will ~~become a part of the adopted budget~~ approved.

RECOMMENDED BALLOT DESCRIPTION: Should the municipal and school budgets be voted on separately by the electorate? YES NO

3. Mechanism for Charter Revision

PREFACE: Given changing technology and government practices, we recommend three methods by which a Charter may be revised: (1) by order of the Town Council as is provided currently; (2) by petition of the electorate; and (3) within seven years regardless of (1) or (2). Of the 37 towns or cities in Rhode Island, 24 provide for a charter revision process every five to ten years

RECOMMENDED CHARTER REVISION: § 15-1-1. Amendment of Charter. (Recommended additional language is in bold font.)

(a) This Charter may be amended at any time, or a new Charter adopted in the

manner provided by the Constitution of the State as follows:

(1) The Town Council may appoint a charter commission.

(2) Whenever a petition for the adoption of a charter signed by 400 qualified electors of the town, is submitted to the Town Council and certified by the Board of Canvassers consistent with State law and A262: Home Rule Act of the Town Code, the Town Council either shall appoint a Charter Commission or shall submit to the electors of the town the following question: “Shall the Town Council appoint a commission to amend the charter?” If approved by the electors, the Town Council shall appoint a Charter Revision Commission.

(3) Within seven years of the adoption or amendment of the current Town Charter, and at least every seven years thereafter, a non-partisan review commission shall be appointed for a term of five months, whose duty it shall be to review the charter and recommend for approval and adoption, amendments and revisions in a manner provided by the State Constitution.

Should two or more amendments adopted at the same election have conflicting provisions, the one receiving the largest affirmative vote shall prevail. The sections of any amendment to this Charter shall be numbered by the Town Clerk and inserted in

their appropriate places, or added to the Charter.

(b) It shall not be necessary for the full text of a new Charter, or any amendment to

this Charter to be printed upon the ballot. Any digest or description thereof or any question or statement which substantially expresses the purpose or identifies the subject matter shall be sufficient. When any question is to be submitted to the voters, the Council shall determine the form in which it shall appear on the ballot.

RECOMMENDED BALLOT DESCRIPTION: Shall a charter revision commission be convened either by the Town Council, by a petition of 400 of the town’s electors and an affirming election, or within every seven years? YES NO

4. Initiative and Referendum

PREFACE: Chapter A262: Home Rule Act provides for a petition to amend the Charter. We are recommending a change to 15-1-1 Amendment of the Charter to provide for a petition mechanism in the Charter itself. In our review of the Charter, we did not find any section on general Initiative and Referendum, a mechanism which exists in nineteen cities and towns in Rhode Island. We recommend that the Town of Westerly provide for direct participation in government through Initiative and Referendum.

RECOMMENDED CHARTER REVISION: Article 15-3-1. Initiative and Referendum (Recommended additional language is in bold font.)

a. General provisions.

In order to preserve direct participation in government to the voters of Westerly, there are hereby established procedures whereby they may initiate legislative proposals for consideration by the Town Council and the voters.

b. Initiative procedure.

Any proposed ordinance may be submitted to the town council by a petition signed by qualified electors of the town equal in number to at least ten (10) percent of the number of persons registered to vote at the time of the last regular town election. Whenever the Council receives a certified initiative petition from the Town Clerk, it shall proceed at once to consider the proposed ordinance transmitted therewith, and shall take a final vote on the enactment of the same no more than thirty (30) days following the receipt of the petition from the town clerk. If the Council shall fail to pass an ordinance thus proposed by initiative petition, or shall pass it in substantially altered form, the said ordinance as originally proposed by the petitioners shall be submitted to the electors for their approval or rejection, at a special election to be held no later than sixty (60) days or a general election to be held no later than one hundred (100) days from the date the council takes its final vote thereon.

c. Referendum.

The Council may provide in the terms of any ordinance it enacts that the same be submitted to the electors for their approval or rejection. In the event it makes such provision, the vote thereon by the electors shall be called in accordance with the provisions set forth for voting upon initiative proposals in 15-3-1(a). Pending the decision of the voters, the ordinance in question shall remain inoperative.

d. Ordinances.

The Town Council may, through ordinance, carry out provisions of this section not inconsistent herewith.

RECOMMENDED BALLOT DESCRIPTION: Shall the Charter include a provision for Initiative and Referendum to provide for direct participation by the electorate in government? YES NO

D. Housekeeping Issues

1. Town Manager Designees for Temporary Absences § 4-1-3

PREFACE: Town administrators have indicated that Town Hall morale would be better served by designating a senior, rather than junior or midlevel administrator to cover an absent Town Manager.

RECOMMENDED CHARTER REVISION of § 4-1-3: (Recommended additional language is bold faced in the paragraph below.)

§ 4-1-3. Temporary absence or disability.

By letter filed with the Town Clerk, the Manager shall designate, subject to the approval

of the Council, a qualified senior level Town administrative officer to exercise the powers and perform the duties of the Manager during his temporary absence or disability. During such absence or disability, the Council may revoke such designation at any time and appoint another officer of the Town to serve until the Manager shall return or his disability shall cease. In the event of failure of the Manager to make such a designation, the Council may appoint an Acting Manager until the Manager shall return or his disability cease.

RECOMMENDED BALLOT DESCRIPTION: Shall the Town Manager designate a qualified senior level Town administrative officer to replace him or her during temporary absences or disability? YES NO

2. Deletion of Town Manager Residency Requirement to Comply with State Law § 4-1-1

PREFACE: Westerly’s original Town Charter required the Town Manager to reside in Westerly. State law adopted in 2005 prohibited that charter residency requirement. A footnote added to the charter noted that. This revision simplifies the issue by deleting the charter residency requirement and the footnote.

RECOMMENDED CHARTER REVISION of § 4-1-1: (Recommended deletions are marked with ~~strike through font~~ in the paragraphs below.)

§ 4-1-1. Appointment and qualifications.

The Town Manager, hereinafter referred to as “Manager,” shall be appointed solely

upon the basis of his executive and administrative qualifications. ~~He need not be a resident of the Town or state at the time of his appointment, but, during his tenure of office, he shall reside within the Town.~~*

……..

*~~NOTE: Pursuant to RIGL § 45-2-15.2, Municipal Employees, adopted July 15, 2005, no home rule charter~~

~~shall require that a municipal employee reside within the city or town as a condition of appointment or~~

~~continued employment.~~

RECOMMENDED BALLOT DESCRIPTION: Rhode Island Law no longer allows the Town to require Town Managers to live in Westerly. Shall the Charter be amended to remove this requirement thus allowing it to conform to current State Law? YES NO

3. Elimination of Separate Ordinance Procedure for Annual Town Compensation § 2-1-9(i)

PREFACE: § 2-1-9(i) of the current Town Charter requires the Town Council to conduct a formal ordinance hearing for annual Town employee compensation, separate from and in addition to the budget process - with additional costs of newspaper advertising. We recommend that the Town Council determine this compensation when approving the annual budget, to save the cost and time of the extra hearing. The Town salaries would still be displayed, but at the time of budget approval.

RECOMMENDED CHARTER REVISION § 2-1-9(i). (Recommended deletions are marked with ~~strike through font~~ and additions are in bold font in the paragraph below.)

§ 2-1-9(i). Powers of the Council.

(i) To determine and fix ~~by ordinance~~, during the annual budget approval process and in accordance with a position classification plan, the compensation of the Town Manager and all officers and employees of the Town, except the employees of the School Department.

RECOMMENDED BALLOT DESCRIPTION: Shall the Town Council determine Town staff compensation during the annual budget approval process and eliminate the need for separate hearings? YES NO

4. Open Meetings and Access to Public Records Laws

PREFACE: The following, which are State Laws, are submitted for purposes of reference and as a housekeeping issue in the Town Charter.

RECOMMENDED CHARTER REVISION § 15-1-9: Chapter 42-46 of Rhode Island General Laws, entitled “Open Meetings” and Chapter 38-2 of Rhode Island General Laws, entitled “Access to Public Records,” are hereby incorporated herein and made a part of the Charter of the Town of Westerly by reference.

RECOMMENDED BALLOT DESCRIPTION: Shall the Rhode Island Open Meetings and Public Access to Records laws be made a part of the Westerly Town Charter? YES NO

5. Deletion of § 2-1-5

PREFACE: This section suggests that certain powers exist whereby the members of the Council may conduct investigations as to the qualifications of its members. To our knowledge, no authority for the powers exists. Moreover, there already are legal remedies to do this. And, since the final judge as to the qualifications of those elected is the electorate itself, this section should be deleted in its entirety.

RECOMMENDED CHARTER REVISION Section 2-1-5 (Recommend deletion of this section)

Section 2-1-5 Council to Judge Qualifications of Members

The Council is to be Judge of the qualifications of its members and for such purposes shall have powers to subpoena witnesses and require the production of records.

RECOMMENDED BALLOT LANGUAGE: ~~Section 2-1-5: The Council is to be Judge of the qualifications of its members and for such purposes shall have powers to subpoena witnesses and require the production of records~~. Should the above Charter section 2-1-5 be deleted? YES NO

Appendix A: Charter Revision Commission Issues List

Initiated	Issue	Sponsor	Status
7 Sep	Mayoral form of government	Chiaradio	Withdrawn by sponsor September 19
19 Sep	Financial impact statement for all bond referenda	Willetts	Approved for draft report
19 Sep	Delete 2-1-5, Council to judge qualifications of members	Goodsell	Approved for draft report
19 Sep	Several Revisions Finance Board & Finance Department Duties	Beale	Approved for draft report
19 Sep	RIGL Public Records and Open Meetings laws incorporated by reference	Chiaradio	Approved for draft report
19 Sep	Recall	Willetts	Approved for draft report
19 Sep	Annual Town vote on Town and School Budgets	Beale	Approved for draft report
19 Sep	Contracts beyond elected term limits	Goodsell	Not approved
19 Sep	16-2-5 & 11-1-1 requirements of Title 16 and Town charter limitations	Beale	Approved for draft report
19 Sep	Continuity of leadership during disasters	Willetts	Resolved separately. Withdrawn by sponsor November 7
19 Sep	Appointment terms and term limits	Chiaradio	Submitted as a separate minority report December 17
19 Sep	Architectural Review Board and Police Review Board	Chiaradio	Submitted as a separate minority report December 17
19 Sep	Code of Ethics	Constantine	Approved for draft report
3 Oct	Clarify Probate Court charter language	Willetts	Approved for draft report
3 Oct	Planning, zoning, code enforcement structure	Goodsell	Approved for draft report
3 Oct	Charter Revision Mechanism	Beale	Approved for draft report
17 Oct	Town Manager designee for absences	Willetts	Approved for draft report
17 Oct	Voting by district and at large	Constantine	Replaced with Powers of the Council December 19
7 Nov	Public access to records/Town web site	Willetts	Approved for draft report
7 Nov	Merge Town employee compensation with annual budget	Willetts	Approved for draft report
7 Nov	Town Manager residency deletion	Willetts	Approved for draft report
7 Nov	Limit Grants to non-profits on budget items	Goodsell	Not approved
7 Nov	Town Manager Staff Attorney	Constantine	Resolved separately. Withdrawn by sponsor December 5
14 Nov	Absentee ballots for which elections	Beale	Approved for draft report
28 Nov	Independent Manager/Advisor for Major Capital Projects	Willetts	Withdrawn as a Charter issue by sponsor Jan 11.
19 Dec	Board Term Limits	Goodsell	Approved for draft report
19 Dec	Powers of the Council: Liaison to the Fire Districts	Constantine	Withdrawn by sponsor January 2, 2008
10 Jan	Judge of Probate Appointment, Compensation,	Finizio/Willetts	Approved for draft report
10 Jan	Judge of Municipal Court Appointment, Compensation	Finizio/Willetts	Approved for draft report
12 Jan	Initiative and Referendum	Beale	Approved for draft report

APPENDIX B

Other Communications Received by the Commission

1. Letter from Deborah Vaillancourt dated September 25, 2007

2. Letter from Richard Anthony dated October 2, 2007

3. Letter from Richard Smith dated October 3, 2007

4. Westerly Sun editorial dated November 16, 2007

5. Randall Saunders’s Letter to People’s Forum November 25, 2007

6. Letter and diagram from Harry Day dated November 28, 2007

7. Letter December 5, 2007, signed “D. Harry Callahan”

8. Comments on Preliminary Report, December 12, 2007, by Town Solicitor Hartford

9. Letter from Harriet Lloyd December 30, 2007

10. Westerly Sun Editorial, January 8, 2008

11. Email from Joseph MacAndrew, January 9, 2008

12. Letter from Teresa Wright, January 10, 2008

13. Charles Toscano Letter to People’s Forum, January 15, 2008

14. Letter from Teresa Wright, January 23, 2008

Sent: Tuesday, September 25, 2007 8:42 AM

To: Donna Giordano

Subject: Resident's Comments Donna,

I wrote this on September 12 and put it in my draft folder and almost forgot to send it. So here it is and I hope its not too late. Just a few of my thoughts.

This is in reference to the September 10, 2007 Westerly Sun Opinion from Richard Constantine, Chairman of the Westerly Charter Revision Commission of 2007.

The following are my comments with regards to concerns about current and future issues which might face Westerly. I recognize that some of these issues are being dealt with already.

1. Establish Noise Standards - There is a noise study approved for the Westerly Airport. Ensure that whatever the results, and they will most likely be skewed, in favor of RIAC and the FAA, that Westerly establishes its own noise standards to ensure the quality of life of its residents especially those who live around the airport.

2. The Rhode Island Airport Corporation - Ensure that there are people in the town paying attention to what the Rhode Island Airport Corporation does in terms of tree removal. This affects our town! Far too many trees have been removed already. I am not saying that RIAC doesn't have the right to remove trees on their land or that they need to do certain things for safety sake but there needs to be someone paying attention to the "overkill" that occurs when these decisions are made. No one in the town of Westerly knew, or said they knew, of the extensive tree removal that occurred in the area of homes around the airport in October of 2005 until it was too late.

There is also the issue of RIAC-owned lots in residential neighborhoods. This should never have been allowed to happen. There needs to be people in the town paying attention to when someone like a RIAC wants to buy land in the middle of a residential area.

3. Overdevelopment - Establish a committee who pays attention to what building occurs in the town of Westerly, e.g. retail stores, condominiums, etc. For example, is there anyone in the town who questioned a new "99" restaurant, another CVS and Super Stop & Shop going into the new shopping center on the corner of Rt. 1 and Airport Road? A committee of residents would more likely communicate the interests of other residents who may be interested in for example, a Whole Foods, a Trader Joe's, or a more upscale restaurant than the "99." This committee would also oversee the aesthetics and signage of new buildings, condos, shopping centers, etc. so that it meets with the same objective.

I live at 4 Links Passage and have only lived in Westerly for about seven years now. I came from the Boston area so you can imagine my glee when I first came to Westerly. The changes in the past year have been incredible for the town of Westerly. Some good; some not so good. I think more attention should be paid to these issues for the welfare of Westerly and all who live here.

Thank you.

Deborah Vaillancourt,

From: "Richard Anthony" <richardcanthony@msn.com>
To: richardwconstantine@yahoo.net
Subject: charter revision
Date: Tue, 02 Oct 2007 17:36:50 -0400

OriginalArrivalTime: 02 Oct 2007 21:36:54.

I know Dick Smith has given you much to consider. We have conversed. But I will enumerate a few issues.

1. Schools. The school board follows the regs of RI Dept of Education.
Their agenda under RI gen law chapter 16 was effectively written by the union. Where we have disputes they are covered by mandatory arbitration or the Carulo act. You might talk to Harry Staley on how this works. These bodies in effect ratify whatever the school depts want.

There are many manifestations of how this has played out in practice. So management (the taxpayer) is not represented. The only vote the taxpayers have in Westerly is by petitioning for a referendum (only financial matters) under home rule. So in the school budget, only the town council votes and only on the total operating budget. As suggested by others, a single town finance department might go a long way in holding the line. Human resources as well.

The charter revision commission might consider changing the school board to appointed rather than elected. Qualified people don't want to run, but wouldn't mind serving. This is common practice in other parts of the US.

What is intolerable to many taxpayers is the fact that members of the
NEA or retirees as school board members are voting on issues that directly affect their wallets or family member's wallets. The ethics commission of the state isn't doing its job in determining such conflicts.

Also as to school financial matters, budget line items seemed to be reclassified every year, so it is very difficult to make plausible year over year comparisons, there seems to be little consistency in where expenses are placed. This is not a charter issue as much as it is a management issue; hence the need to place finances under one department. I would also suggest that the school contracts become effective on the first day of the fiscal year rather than in August. More specifically, the agreement should be in place so that the budget doesn't get thrown out of whack after a new fiscal year has begun. Finally said contracts should be ratified by the town council, not the school board with their fiscal impact noted.

2. I am in total agreement with Dick and others for the need to have planning and zoning properly identified under the charter, but more importantly having the proper organization to effect what has been ruled upon by those boards. Enforcement is totally lacking.

3. In our town as in most governmental bodies, there is little interest in making waves; in fact there is no incentive to do so. So generous contracts just cruise on through. Hence the need for stronger management or the ability of the people to challenge accepted practice. We need recall provisions so we don't end up with what is going on in Charlestown.

Just a few thoughts to ponder. Regards

October 3, 2007

Richard W. Constantine

Chairman, Charter Revision Commission

Westerly Town Hall

45 Broad Street

Westerly, RI 02891

Dear Chairman Constantine:

I am pleased to submit the following two recommendations for the Charter Revision Commission’s consideration:

Recommendation #1: Article VII Finance Department

Revise the Charter to clearly state that the Town shall have a single, unified Department of Finance under the supervision of the Director of Finance, who shall have charge of the administration of the financial affairs of the Town government offices, agencies, and departments including but not limited to the Department of Public Works, the Department of Public Safety and the School Department.

As a member of the Board of Finance, it was clear to me during the recent 2007-2008 Budget cycle that communications and collaboration across departments regarding financial affairs was not at the level which would serve the Town’s best interests; this was particularly evident in the working relationships between general Town operations and the School Department. There is currently a “silo” effect present which leads to inconsistency in financial reporting and budget presentations, making analysis of financial performance difficult in certain areas and resulting in duplication of effort among Town staff. Financial information across departments – particularly between Town operations and School department – is not as transparent as it should be and therefore, at least in the budget process, decisions are made with less access to facts and data than could otherwise be the case. The Charter should clearly indicate that the Director of Finance has oversight of budgets and reporting requirements for all Town departments. A unified Department of Finance with clear role definitions and lines of accountability will lead to greater productivity, a seamless application of (financial) technology, more open communications and solving of problems across departments, and better use of the Town’s financial and employee resources.

Nothing in this recommendation is intended to be in conflict with the requirements of RIGL Title 16, Chapter 16-2, School Committees and Superintendents, or with Chapter 22, Article III of the Code of the Town of Westerly, Department of Finance.

Recommendation #2: Article XII Planning and Zoning

Revise the Charter to provide for a Planning Department, the head of which shall be a Planner Director, who shall be appointed by the Manager. The Planning Director shall have responsibility for the Town’s short and long-term planning activities, zoning and building code enforcement, coordination of the Town’s administrative planning and zoning activities with the Town’s Planning Board and Zoning Board of Review, and maintaining the Town’s Comprehensive Plan in compliance with RIGL 45-22.2, Rhode Island Comprehensive Planning and Land Use Regulation Act.

Serving as Vice Chair of the Comprehensive Plan Citizens Advisory Committee and a member of the Geographic Information System (GIS) Implementation Committee, it is my view that the Town has outgrown the capability of its planning function by a significant measure. Because of the volume of work and limited resources, planning is largely reactive and not forward-looking; enforcement is uneven and not well coordinated with planning; contemporary technologies such as GIS are years overdue; and we have a Comprehensive Plan that was ten years out of compliance, with no internal tracking or accountability for progress vs. goals, when the Town Council approved the current update effort in 2006. We are at a critical time in the Town’s development where we need a significantly more robust planning function; institutionalizing the function within the Charter will establish the baseline and authority for important future changes. The benefits to the Town ultimately would be a more proactive, innovative approach to future planning; better coordination of planning, zoning and enforcement activities; the use of technology to better serve the public and improve Town employee productivity; and a vital, functioning Comprehensive Plan against which the Town’s performance can be – and should be – measured on at least an annual basis.

Nothing in this recommendation is intended to be in conflict with Chapter 5, Article V, Planning Board; Chapter 34, Officers and Employees; Chapter 260, Article VI, Administration and Enforcement; or Chapter A261, Article VIII, Administration of Regulations of the Code of the Town of Westerly.

Let me emphasize in closing that these recommendations should in no way reflect upon the dedicated individuals who are currently working in the Finance and Planning areas of Town government. Rather they are intended to address structural problems which are currently inhibiting the Town’s ability to function in a more productive, responsive and contemporary manner.

Thank you very much for the opportunity to present these recommendations to the Charter Revision Commission.

Sincerely,

Richard A. Smith

1 Waxcadowa Avenue

Westerly, RI 02891

Westerly Sun Editorial November 16, 2007

Westerly’s councilors should approach key charter changes with door open to referendum

Westerly’s town charter turns 40 next year. And a citizens’ committee charged with updating it clearly believes that it once again needs some freshening up.

But unlike some other years - when a Charter Revision Commission sought relatively mundane changes for the town’s government system - the 2007 charter panel is proposing some significant, fundamental changes.

While the commission won’t deliver potential changes to the council for another three months, recommendations on the table at this point call for a smaller school board, an annual budget referendum, and a provision for recalling elected officials if voters see the need to do so. So, given the depth of those potential changes, it’s important that the Town Council be prepared to pass a number of those proposals on to town voters, so they can indeed have their say over how their government should look - and function.

To the Charter Commission’s credit, residents have already had a chance to be heard. Led by Chairman Richard Constantine, this panel has reached out a number of times for citizen input through The Sun’s People’s Forum and elsewhere, and the ideas have flowed.

Among the proposals at this point is a move to install a town code of ethics for elected and appointed officials and employees, with outlines for how to enforce it. Also, a number of proposals would require town officials and departments to post financial information online through the town’s Web site - something that would simply make more information better accessible to taxpayers in today’s information age.

Other potential moves are even more dramatic. They include:

• A measure that would reduce the School Committee from seven members to five - and a call for those members to be chosen by voters in a non-partisan election, a measure designed to encourage more people from outside the usual party circles to run.

• A proposal that would require the town finance department to post a “financial impact statement” both online and in newspapers at least 60 days prior to any bond referendum.

• A measure - born out of the chaotic government situation in Charlestown - that would allow voters to recall an elected official when the need arises. The model now being discussed would allow a recall if 35 percent of the number of people who voted in the previous general election signed a petition for another vote, and a two thirds margin would be required to oust an elected official. Those guidelines would loosely parallel provisions already in place in a dozen cities and towns around the state. And Smithfield voters used their recall option earlier this week to oust Town Council President Stephen Tocco, the former Rhode Island Capitol Police chief facing bribery charges.

• A move to require voters’ approval of the town budget - or separate approvals of the municipal and school budgets - in an annual financial referendum. At present, voters have a right to petition on appeal, but the budget is set by the Town Council. Westerly is the only town in our area that does not give voters a chance to have direct budget approval.

It’s important to note that all of these proposals and others are still in the talking stages. And any or all would have to be clearly defined through specific language before they could get to a referendum ballot in 2008. But there’s a bigger, historical hurdle - and that’s the Town Council itself.

In the past, charter commissions have spent months working on proposals and language, only to have the council decline to even move the questions forward to the ballot and to the town voters to let them make the call. That was especially the case in 2002-2003, when that charter panel saw only 3 of 10 recommendations forwarded to the voters - and all were for minor changes, primarily giving the town manager (then Pamela Nolan) more authority over civilians working in the Police Department.

The most significant change in the last two decades came in 2005, when the commission recommended - and voters approved - a permanent Licensing Board separate from the council. And, under the leadership of Chairman Joseph Iacoi, that’s been a provision that’s worked effectively since.

If the charter revisions currently being discussed can be refined to get commission recommendations, it should indeed be the Town Council’s duty to place them before the voters next year.

Some may have more merit - and some will no doubt get more support - than others. But the fact is, all are designed to give residents more access to their town government and its workings. And all questions along those lines should at least be posed to Westerly voters so they can decide for themselves whether they want to make these changes.

This Charter Revision Commission is doing a good job in bringing potential reforms forward. Let’s hope the council is ready to view them with a collective open mind - and an open door to a referendum ballot when that time arrives.

Randall Saunders” Letter to People’s Forum November 25, 2007

Editorial right in the mark in addressing Westerly charter issues

The Sun editorial of Nov. 16 - headlined “Westerly’s councilors should approach key charter changes with door open to referendum” - has hit upon some of government’s most lifegiving forces, identifying the fact that changes to a town charter must produce changes in actual town management, and must come, preferably, from its people.

Governments are only as good as the foundations they are built upon, like houses, and they can teeter and collapse if not given the proper support. One sound improvement in our town charter could ripple throughout our entire government, adding qualities that would keep it stable. on an elevated plane. and at a level of operation that is wise and statesmanlike rather than narrow and selfish.

The question of ethics, for instance. is a key question. Without giving specific examples, anyone who follows politics is aware that the ethical performance of elected representatives is absolutely essential if a government is to operate with confidence and efficiency. Unethical behavior (though it is sometimes difficult to define) never does any government any favors, and can easily cause it to fall into confusion and ineffectiveness.

To draw an example: Town Council members are not elected to serve their own personal interests; they are elected to serve the townspeople. Surely. however, it would be impossible for any councilor to eliminate all biases, prejudices, conflicts of interest and preferences entirely from his/her own life and judgment, being human. A code of ethics is an aid in sorting this out. Without it, councilors must struggle with ethical issues personally, within themselves; with a code, the issues become easier to objectively perceive.

As a longtime resident of this town. I think it is important to recognize how difficult the job of town councilor (and other government jobs) can get - especially in an atmosphere of rapid growth and change. I, for one, having had some recent exposure to this process, can see how tough it is to resist pressures exerted by special interest groups as some of these groups are highly skilled and highly paid. Many of our councilors display the strong, statesmanlike qualities needed in these tunes, but, the fact is, with clear ethical guidelines to follow, all of them would find this easier to achieve.

So, I want to thank the editor for this thoughtful editorial. It is good to know that even a media businessman who makes a living from the news can step back and offer insights as a citizen who is also affected by how the local government functions. The editorial reflects an authentic interest in this town, in its daily workings, and in its promising, though unpredictable, future.

Randall Saunders Watch Hill

Harry Day Letter and Diagram Submitted November 28, 2007

Letter December 5, 2007 signed “D. Harry Callahan”

MEMORANDUM

TO: Westerly Charter Revision Commission

FROM: Steven T. Hartford, Town Solicitor

RE: Comments on Preliminary Report

DATE: December 12, 2007

Thank you for allowing me to review your report before it gets submitted in its final stage. Overall I find your report and your proposals to be thorough, comprehensive, clear and concise. I do, however, have a few comments and suggestions. The report which I received covered: Code of Ethics; Financial Impact Statements; Manager Designee; Probate Clerk; and Manager Residency, therefore, my comments are limited to those proposals:

1) Your proposal under the Code of Ethics §1-4-3 as it relates to appointees appearing before Town Boards is beyond the prohibition set by the State Ethics Commission. The rule and practice has been that a lawyer appointed by the council could appear before other Boards of the Town provided he/she has no advisory capacity with respect to those Boards. In my view, the State Code of Ethics and Decisions of the Commission go far in establishing clear lines in this regard without totally stifling the ability of local attorneys to serve the Town in limited capacities while also maintaining a local practice. Please consider this in your deliberations.

2) I would recommend the following revised language for the ballot question regarding the Town/Probate Clerk:

“shall the Charter be amended to clarify language which designates the Town Clerk as the Probate Clerk and that all Probate fees shall be deposited in the General Fund of the Town?”

While I think we can continue to work on this language, I am concerned that your initial proposed wording, if rejected, could leave the Probate Clerk’s position and Probate fees in limbo.

3) I would propose the following language on the Manager’s Residential Requirement as follows:

“Rhode Island Law no longer allows the Town to require Town Managers to live in Westerly. Shall the Charter be amended to remove this requirement thus allowing it to conform to current State Law?”

I stand ready to review any other proposals which you have been able to develop.

Email from Harriet Lloyd December 30, 2007

Harriet Lloyd [ontherocks88@gmail.com]

Hi, All,

I spoke with an individual last night who had two very interesting ideas for your committee - if it isn't already too late. I know that you may have considered these provisions, but Tom and I thought they were important enough to relay to you.

The first suggestion was a Homestead provision to provide residents who have reached a certain age (say, 70) to have their taxes frozen.

The second suggestion is to make the Tax Assessor's position an elected one.

Happy New Year, and good luck with everything...

Harriet

Westerly Sun Editorial January 8, 2008

From: MacAndrew, Joseph T [mailto:joseph.t.macandrew@pfizer.com]
Sent: Wednesday, January 09, 2008 3:25 PM

To: Donna Giordano

Subject: Term Limits for Boards and Commissions

Dear Donna,

Per our brief discussion concerning terms limits on members of boards and commissions. I think is a good idea for the planning and zoning boards to have terms limits because these boards are very influential and powerful. I do not think this is a good idea for smaller, less influential boards and commissions, such as the Conservation Commission because we have a difficult time recruiting, and then keeping, new members.

Joseph MacAndrew

Chairman Conservation Commission

Letter from Teresa Wright, January 10, 2008

Letter from Charles Toscano to People’s Forum January 15, 2008

Westerly residents need to see through RISC’s role on charter panel

Recently, Emily Dupuis wrote an excellent public service article regarding the makeup of the Charter Revision Commission (The Sun, Friday, Jan. 4).

On the following Tuesday (Jan. 8), I read The Sun editorial and a couple of letters to the editor concerning what the writer called “murmurs” among Westerly citizenry that the Rhode Island Statewide (Shoreline) Coalition (RISC) stacked the revision commission to push its agenda. The writers appeared astounded and shocked that anyone would question the motives of the five RISC members, and the conservative make-up of the commission. Are you kidding? You must think that Westerly townspeople are a bunch of fools who just fell off a turnip truck, to use a cliche.

Do you honestly believe you can finesse your way amid what is an obvious attempt by the RISC and others to change our charter to their liking? Admittedly, you have a formidable combination to push a point of view; the power of the press, through The Sun, and the wealth of the shoreline group. However, don’t be mistaken: People are paying attention, especially parents and grandparents with youngsters in our school system.

I for one will keep an open mind regarding your suggestions that RISC members are serving simply as dedicated volunteer public servants, and I will carefully consider the proposals presented to the town council later this month. However, if the revisions presented reflect word-for-word the initiatives put forth by the RISC over the past several years, I am going to be mighty suspicious. In fact, it will confirm my belief that this group, by hook or by crook, will do anything to hijack and micromanage this town’s fiscal matters.

I realize that residents in our coastal communities pay very high town taxes. But, as I stated in a letter at election time, I think it would be more beneficial for all concerned if efforts were focused on finding a better way to fund education and other town services other than through property taxes. Until then, I’m all for the reasonable consolidation of services, cutting fat from department budgets, negotiating fair contracts, and pursuing other thoughtful cost cutting measures, but the slash-and-burn proposals brought to the table in recent weeks are unrealistic and impractical. You know full well that asking town departments to level-fund their budgets is nearly impossible when contractual and other expenses are already built in. The school department alone has such costs in the millions.

This approach, in time, will decimate our schools, police force, and other municipal agencies. As people lose jobs, as disposable income is reduced through wage and benefit cuts, and as the standard of living of middle class working families in Westerly continues to decline, the gap between the haves and have-nots will grow larger. Your taxes will be lower, but at what cost?

In an effort to be “transparent,” you should know that I am a former teacher and guidance counselor and currently coach an athletic team in the Westerly school system, a job I would happily perform without pay.

I care deeply about our public education system and respect those who work to make it successful.

Charles L. Toscano Westerly

Letter from Teresa Wright, January 23, 2008