What do you think of them? Share your comments with the City Council as they will be voting as to which ones are placed on the November ballot for approval or disapproval by voters.
This is also noted in the NAP website of Documents/Links
REPORT OF THE PAWTUCKET CHARTER REVIEW COMMISSION
TO THE PAWTUCKET CITY COUNCIL
MAY 5, 2010
The members of the Pawtucket Charter Review Commission (the Commission) were appointed by Mayor James E. Doyle and attended an introductory meeting hosted by the Mayor in City Council chambers on November 16, 2009. Commission meetings commenced on December 16, 2009 and concluded on April 28, 2010.
Since the last comprehensive review of the City Charter was conducted in 1997, the Commission reviewed each and every section within the Charter’s ten articles. Questions were raised about numerous items and forwarded to the appropriate City officials for response. The City Clerk also notified all appropriate City officials to provide any input that they thought the Commission should consider during its review. The Commission provided for a public input period at every Commission meeting and held one formal public hearing at the Pawtucket Public Library in March of 2010.
The Commission wishes to thank those individuals who took the time to appear and/or speak at our public input sessions and public hearing. We also appreciate the input provided by Mayor James E. Doyle, Council President Henry S. Kinch, Jr. and by Professor Ken Wong of Brown University during our Commission meetings.
After evaluating the City Charter in its entirety and considering all of the input provided by the public, various City officials, and Professor Wong, the Commission proposes a number of changes for the City Council to consider for voter consideration.
Since a full review of the Charter has not been conducted in 12 years, we understand that the number of issues requiring consideration may be too excessive to consider in one election cycle. However, if the Council finds merit in a number of our recommendations, voting on those changes could be spread out over two general elections. We are noting those changes that we believe should be on the ballot for 2010, if accepted by the Council.
The proposed changes can be categorized as follows:
1) Technical Changes to the Charter –The Commission is recommending a number of technical changes that would: correct misspellings; change the placement of certain charter language and remove the Advisory Commission on Ethics..
a) Transfer the language from Section 10-103 regarding gender language in the Charter and place it at the beginning of the Charter as a Note to the Preamble.
b) Correct the misspelling of the word “from” in Section 2-100.
c) Correct the misspelling of the word “ensuing” in Sec 2-304(2).
d) Change the word “touching” to “to” to correct the use of an incorrect word in Sec 2-401.
e) Amend Section 3-702 to change the incorrect use of the word “and” to “as”.
f) Amend Section 4-507 (4) to correct the spelling of the word “payrolls”
g) Amend Section 6-122 to correct the misspelling of the word “check”.
h) Amend Section 8-203 to change the spelling of the word “of” to read “or”
Rationale for Technical Changes
There are numerous technical changes that are being recommended. They are, for the most part, self explanatory.
2) Transparency (2010) - The Commission is proposing new language to utilize the City’s website to make available for immediate public review: financial information, ordinance language, and information on Boards and Commissions of the City.
a) Amend section 2-201 (8) to delete the reference to “qualified elector” to allow members of the public to inspect information on City ordinances maintained in the City Clerk’s office.
b) Add Sections 9-103, 9-104, and 9-105 to promote transparency through use of the City’s website and the publishing of expiring terms on City Boards and Commissions in the upcoming year.
Rationale for Transparency Changes
Commission members believe very strongly about increasing the public’s access to City information regarding finances and ordinances. Now that the City has an established website, and many individuals are now able to access the internet, the Commission believed this information should be accessible electronically. The Commission also believed the City should be making every effort to encourage citizen participation on Boards and Commissions by advertising, both in local media and on the City website, the positions of individuals whose terms would be expiring in the coming calendar year. Lastly, the Commission did not believe that only qualified electors should be able to review information on City ordinances maintained in the City Clerk’s office.
3) Existing Boards and Commissions - The Commission is proposing new language that would add term limits for all existing Boards and Commissions, and require appointed members of boards and commissions to be qualified electors of the City.
a) Amend Section 3-202 to delete the last sentence which appears in Section 3-306
b) Add a new section (3-204) which would establish term limits for appointed members of all City boards and commissions.
c) Amend Section 3-306 to require that all members of boards and commissions be qualified electors of the City of Pawtucket.
Rationale for Existing Boards and Commissions changes
Commission members, in their desire to see more citizen participation on boards and commissions and to promote new ideas and fresh perspectives, recommend that term limits be set for each board and commission. The term limits recommended were influenced by the length of term for each board and commission. Commission members also recommend that only qualified electors of the City be eligible to serve on Boards and Commissions.
4) Four Year term for Mayor ( 2010) – The Commission is proposing that the Mayor be elected for a four year term, with a limit of two terms to serve.
a) Amend Section 3-200 to allow for four year terms for Mayor effective with the November, 2012 election and for a Mayor to be elected for no more than two terms.
b) Amend Section 3-400 to reflect a four-year term for Mayor effective January, 2013.
Rationale for a Four-Year Term for Mayor
Commission members are recommending that the term of Mayor be increased to a four- year term, with a two term limit. It was felt that the chief executive of the City should be given four years to implement his/her ideas and to allow for the chief executive to assemble a management team that would have job stability for a four year period. When arriving at the recommendation for a four year term, the Commission also took into consideration that the charter already contains recall language, which is more appropriate for someone with a four year term than a two year term since recall cannot be initiated during the first three months or the last six months of an elected official’s term of office. Conversely, the Commission believes that members of the City Council should retain a two year term, but not be bound by any limits on the terms they serve. This would preserve accountability to the voters.
5) Elections for School Committee( 2010) - The Commission is proposing that the School Committee be elected in a manner similar to the City Council: six members by councilmanic district and three elected in the city at large.
a) Amend Section 3-708 to reflect the election of 6 members of the School Committee by councilmanic district and 3 in the city at large.
b) Amend Section 6-109 to reflect the election of 6 members of the School Committee by councilmanic district and 3 in the city at large.
Rationale for District Election for School Committee
In the spirit of making the School Committee more accountable to the voters and more representative of the community, the Commission recommends that the School Committee be elected as follows: one member from each of the six councilmanic districts and three members elected citywide at large. Members would continue to serve two year terms. The Commission believes that three at large members are needed to ensure a citywide perspective on the committee balanced by local accountabilities.
6) City Council Appointments of City Judges (2010)- The Commission is proposing changes to the Charter regarding both the Probate Court and the Municipal Court.
a) Amend Section 2-500 to require that the Judge of Probate Court be a qualified elector of the City of Pawtucket.
b) Amend Section 2-501 to require that the Judge of the Municipal Court be a qualified elector of the City of Pawtucket and also require that the City Council appoint the Associate Judge of the Municipal Court, who shall serve at the pleasure of the City Council, for a three year term.
Rationale for City Council Appointments of City Judges
The Commission recommends that all City judges should be qualified electors of the City of Pawtucket. It is also recommended that the City Council, and not the Municipal Court Judge, should select the Associate Judge of the Municipal Court, who would serve a three year term.
7) City Council Responsibilities (2010) - The Commission is recommending the following change in regard to the powers of the City Council.
a) Amend Section 2-310 to allow for the City Council to approve labor contracts negotiated by the School Department and School Committee.
Rationale for City Council Responsibilities
The Commission recommends that the Council, as the sole taxing authority in the city, should approve all negotiated labor contracts including the School Department. This will establish a system of checks and balances.
8) Charter Review Commissions - The Commission is recommending that a Charter Review Commission be appointed every four years.
a) Amend Section 10-104 to change the time between the appointment of commissions from ten years to four years and to allow for a commission size of nine or eleven members.
Rationale for Charter Review Commissions
The Commission recommends that a Charter Review Commission should be appointed every four years and should be given up to one year to complete its duties as the current charter provides. The next commission should be appointed no later than May of 2015 so that it may provide its recommendations to the City Council by May of 2016, in time for the November 2016 elections. Subsequent Commissions should be appointed every fourth year thereafter and whenever needed.
9) Separation of Powers – The Commission is recommending that members of the City Council should not be allowed to sit on City Boards and Commissions that exercise executive powers.
a) Amend Section 3-700 to delete the language providing for a member of the City Council to serve on the Purchasing Board.
b) Amend Section 3-709 to delete the language providing for a member of the City Council to serve on the Water Supply Board.
Rationale for Separation of Powers changes
The Commission recommends that City Councilors not be allowed to serve on Boards and Commissions that exercise executive branch powers in the interest of separation of powers between the executive and legislative branches of government. The City Council can exercise oversight authority without direct participation on boards and commissions exercising executive authority.
10) Changes in Election Requirements – The Commission is recommending that changes be made to the timeframe for special elections to conform to State law and regulation. The Commission also recommends that conflicts in wording in certain sections of the Charter be reconciled. Lastly, the Commission recommends that the local requirements for campaign contribution limits be repealed and that State law be the only guideline for acceptance of campaign contributions.
a) Amend Section 2-102 (Vacancies) to reflect the Board of Elections timetable requirements for holding a special election.
b) Amend Section 3-201 to eliminate the reference to a “two-year” term.
c) Amend Section 3-500 to reflect the State Board of Elections timetable for requirements for holding a special election
d) Amend Section 6-106 to conform to Sections 2-102 and 3-500.
e) Amend Section 6-107 to conform to Section 3-401.
f) Amend Section 6-120 to reflect that paper ballots are prepared by the Secretary of State rather than the Board of Canvassers.
g) Delete Section 6-126 to repeal local requirements for campaign contribution limits.
Rationale for Election Changes
As a result of a recent special election held in the city, the Commission is recommending language changes in Sections 2-102 and 3-500 to comply with current State law and regulation as overseen by the Board of Elections. The Commission also recommends amending sections 6-106 and 6-107 to conform to other sections of the charter. Section 6-120 should be changed to reflect that paper ballots are prepared by the Secretary of State. Lastly, the Commission recommends deleting section 6-126 to repeal more stringent local requirements on campaign contribution limits than allowed for by the State.
11) Advisory Commission on Ethics – The Commission believes that the Advisory Commission on Ethics be eliminated since it has not been a functional commission and city officials are subject to ethics laws administered by the State Ethics Commission..
a) Delete Sections 8-400, 8-401, and 8-402 to eliminate the Advisory Commission on Ethics.
Rationale for Advisory Commission on Ethics
The Commission is recommending deletion of the sections dealing with the Advisory Commission on Ethics since it hasn’t functioned as was initially intended and is duplicative of the State Ethics Commission, which has jurisdiction for these matters and is funded by the State of Rhode Island to do so.
Following are the revised charter sections which are either new or require more than a simple correction or deletion.
Section 2-102 Vacancies
If a vacancy occurs in the office of councilman more than one hundred eighty days before the time of holding the next succeeding regular city election, the board of canvassers shall call a special election for the purpose of filling such vacancy for the remainder of the term, such special election to be held at the earliest possible date in compliance with State law and regulation after the date of the occurrence of such vacancy. If any such vacancy occurs one hundred eighty days, or less, before the time of holding the next succeeding regular city election, the board of canvassers shall call a special election for said purpose, to be held at the earliest possible date in compliance with State law and regulation after the date of occurrence of such vacancy, on demand therefore in writing signed by at least one-third of all the members of the council, and filed with the board of canvassers and the city clerk at least sixty days prior to the time of holding the next succeeding regular city election. In the event that any state election, regular or special, or any city election for any other purpose shall be held within the said period, the board of canvassers may in its discretion order any special election required by the provisions of this section to be held at the same time as such other city or state election.
Section 2-201(8) Introduction, general requirements for,
consideration, publication and passage of ordinances.
After the introduction of any ordinance or resolution, the city clerk shall keep available a copy of such proposed ordinance or resolution, together with all amendments thereto, which copy shall be available for inspection by members of the public at all reasonable times.
Section 2-310 Collective bargaining agreements.
All collective bargaining agreements, which the city has negotiated with labor organizations representing city employees, including employees under the jurisdiction of the school committee, shall be presented to the council for approval.
Section 2-500 Judge of probate court; acting judge
At the first regular meeting of the council in February after its organization, or as soon as may be thereafter, the council by a majority of its members shall elect a judge of the probate court of the city to serve until his successor shall be duly elected as aforesaid by the succeeding council. The judge of the probate court shall be a qualified elector of the city and be a lawyer admitted to practice before the supreme court of the state and shall have had at least three years experience in active practice of the law. In case of the sickness, absence from the city or other disability or ineligibility of the judge of the probate court to serve, the mayor may appoint the city solicitor, and if the city solicitor shall be unable to serve, then the mayor may appoint any member of the bar of the state to perform the duties of said judge during the sickness, absence or other inability or ineligibility of said judge. The acts of said acting judge in the performance of said duties shall have the same effect as if performed by said judge. The designation of the mayor shall be in writing and shall be recorded in the records of the probate court and shall be conclusive evidence of the necessity of such appointment.
Section 2-501 Judge of the municipal court; acting judge
At the first regular meeting of the council in February of every third year, or as soon as may be thereafter, the council shall elect the judge of the municipal court by a majority of council membership, to serve for a term of three years or until his or her successor shall be duly elected as aforesaid by the succeeding council. The person so elected shall be a qualified elector of the city and shall be a lawyer admitted to practice before the supreme court of the state and shall have had at least two years experience in the active practice of the law. The council shall also appoint an associate judge who shall perform the services of the judge in his or her absence, and also act as clerk of the municipal court for a three year term. The clerk shall be a qualified elector of the city, and shall be a lawyer admitted to practice before the supreme court of the state and shall have had at least two years experience in the active practice of the law. In case of sickness, absence from the city or other disability or ineligibility of the judge of the municipal court to serve, the clerk of the municipal court shall perform the duties of such judge during any such period of inability or ineligibility of the judge to serve. The acts of such clerk in the performance of such duties shall have the same effect as if performed by such judge.
Section 3-200 Mayor
At the municipal election in the year 2012 and in every fourth year thereafter a mayor shall be elected. No one may serve as mayor more than two full terms, or 10 years.
Section 3-204 Term Limits
Effective with all appointments to Boards and Commissions subsequent to the November, 2010 city election, members of Boards and Commissions shall be term limited with respect to the number of terms they may serve on any one Board or Commission. Individuals appointed to Boards and Commissions which have terms of 5 or 6 years shall be limited to two (2) terms. Individuals appointed to Boards and Commissions which have terms of three (3) or four (4) years shall be limited to three (3) terms. Individuals appointed to Boards and Commissions with terms of less than three years shall be limited to five (5) terms.
Section 3-306 Boards and commissions
All members of boards and commissions shall be qualified electors of the city during their term of office.
Section 3-400 Mayor
The mayor shall serve for a term of four years beginning on the first Monday of January following his/her election beginning in January, 2013.
Section 3-500 Mayor
If a vacancy occurs in the office of mayor more than one hundred eighty days before the time of holding the next succeeding regular city election, the board of canvassers shall call a special election for the purpose of filling such vacancy for the remainder of the term, such special election to be held at the earliest possible date in compliance with State law and regulation after the date of the occurrence of such vacancy. If any such vacancy occurs one hundred eighty days, or less, before the time of holding the next succeeding regular city election, the board of canvassers shall call a special election for said purpose, to be held at the earliest possible date in compliance with State law and regulation after the date of occurrence of such vacancy, on demand therefore in writing signed by at least one-third of all the members of the council, and filed with the board of canvassers and the city clerk at least sixty days prior to the time of holding the next succeeding regular city election. In the event that any state election, regular or special, or any city election for any other purpose shall be held within the said period, in which an election is required to be held hereunder, the board of canvassers may in its discretion order any special election required by the provisions of this section to be held at the same time as such other city or state election. Until this vacancy is filled or in case of the mayor’s temporary disability or absence from the city, the president of the council shall act as mayor; and if the president of the council shall resign or be unable to act, then the council shall elect by a majority of its members one of its members to serve as acting mayor.
Section 3-708 School Committee
The School Committee shall consist of nine members, six of whom shall be elected from councilmanic districts and three of whom shall be elected from the City at large. The terms of school committee members shall be two years from the first Monday of January following the year in which they were elected; except that a school committee member elected to fill a vacancy shall serve only the balance of the unexpired term.
Section 6-106 Special elections for filling vacancies in
the offices of mayor, councilors, and members of school committee.
If a vacancy occurs in the office of Mayor, or City Council, or School Committee due to death, resignation, inability to serve or removal from the City or the district which the office holder represents, if any, more than one hundred eighty days before the time for holding the next succeeding municipal election, the Board of Canvassers shall call a special election for the purpose of filling such vacancy for the remainder of the term, such special election to be held at the earliest possible date in compliance with State law and regulation after the date of the occurrence of such vacancy. If any such vacancy occurs one hundred eighty days, or less, before the time of holding the next succeeding regular city election, the board of canvassers shall call a special election for said purpose, to be held at the earliest possible date in compliance with State law and regulation after the date of occurrence of such vacancy, on demand therefore in writing signed by at least one-third of all members of the council, and filed with the board of canvassers and the city clerk at least sixty days prior to the time of holding the next succeeding regular city election. In the event that any state election, regular or special, or any city election for any other purpose shall be held within the said period, the Board may in its discretion order any special election required by the provisions of this section to be held at the same time as such other city or state election.
Section 6-107 – Terms of appointed officers and members of boards and commissions
Except as expressly otherwise provided, all appointed officers shall serve at the pleasure of the appointing power and until their successors are qualified and all members of boards and commissions shall serve for the terms for which they were appointed or elected and until their successors are qualified, unless sooner removed for cause, in accordance with Section 3-401 of this Charter.
Section 6-109 Election of members of school committee
The school committee shall consist of nine members, six of whom shall be elected by councilmanic district and three by the city at large, each to serve a term of two years, or until his or her successor is elected and qualified.
Section 6-120 Use of paper ballots
If voting machines cannot be used at any election, then paper ballots prepared by the Secretary of State shall be used in said elections or primary election.
Section 9-103 Transparency / Public Notification – Financial Data
All agencies and public bodies of the city shall make available to the public for review an electronic copy, accessible through the city’s official website, of all periodic financial reports required by this charter to be submitted to the City Council, and a current budget for said agency or body, and a list of receipts and expenditures, and any report the City Council may in the future require by ordinance.
Section 9-104 Transparency / Public Notification – Ordinances
The City Clerk shall make available to the public for review an electronic copy, accessible through the city’s official website, of any proposed ordinance upon introduction to the City Council in accordance with Sec 2-201(8) of this charter, and the proposed annual budget and budget ordinance upon introduction to the City Council in accordance with Sec 2-201 (9), and amendments to the proposed annual budget, and the annual audit report submitted in accordance with Sec 2-503 of this charter.
Section 9-105 Transparency / Pubic Notification - Boards and Commissions
In December of each year, the City Clerk shall notify the residents of Pawtucket through advertisement in newspapers of substantial circulation and on the city’s official website, of all terms expiring in the forthcoming calendar year (twelve months), and current vacancies existing, on all City Boards and Commissions appointed by the Mayor.
Section 10-104 Charter Review Commissions
Every four years and whenever needed, beginning in the year 2015, the mayor shall appoint, with council approval, a charter review commission, to consist of nine or eleven members, chosen so as to be broadly representative of the residents of the city. Such commissions shall review the charter, hold hearings to receive comment from public officials and from the general public, and frame for submission to the council for its consideration and action, and to the mayor, such draft amendments to the charter as it may consider appropriate. Each such commission shall have one year from the date of its organization to complete its work and submit its report. All such commissions shall serve without compensation, but shall request of the council such assistance and funding as they may require to carry out their responsibilities.
Uncompleted Work of the Commission
The Commission spent a great deal of time on Articles III and IV and found that the current operations of the city do not always reflect the departmental organization mandated by the charter. The limited time allotted to this commission did not provide adequate opportunity to establish a comprehensive perspective of the present departmental structures. As such, the Commission lacked sufficient time to make appropriate recommendations to the Council. This Commission was limited to a 4 ½ month window to review the charter, develop recommendations and present a report to the Council. Therefore, we strongly recommend that future charter review commissions be given up to one year to complete their work as required by the current charter. We also recommend that these Articles be reviewed in depth as part of the next charter review commission’s work. In order for the next commission to review these articles, we recommend that they be provided with a current departmental organizational chart with a description of each department’s duties to enable them to evaluate the changes that have occurred.
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