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HomeMy WebLinkAboutFINCOM MIN 07162009 Town of Mansfield Finance Committee Minutes of July 16, 2009 ;inITO f>."'J I 7'8 ,'\ "i i- : ('C- . ivc Attending: James Lazzara Karl Chambers Jack Goldberg Tommy Ratliff Greg Arnold (arrived late) :, ":03 Motion: To Open at 7:35p.m. (Goldberg - Chambers) 4 - 0 Passes Town Counsel Mr. Lazzara began the meeting by introducing Attorney Mangiaratti, the town's counsel. He said that Attorney Mangiaratti was attending that evening to review some of the town's contract obligations, the unfunded liability and the possibility of making an amendment to the town's charter. Attorney Mangiaratti began by saying that procedurally to make an amendment to the charter it must be done at town meeting, pass with a two thirds vote, followed by a ballot. He said that for the kind of tweaking that the Finance Committee was discussing there is no need for a charter commission. He said that he has spoken with the acting Town Manager and that he understands some of the unplanned obligations the town faces due to decisions made by the previous Town Manager. He said that Mansfield has a Town Manager driven charter and that up until this point that has served the town fairly well and it does not make sense to change it entirely. He advised making a revision to the charter that the Town Manager will execute contracts and that they will only sign those contracts with approval of the Board of Selectmen. He said that the schools run their negotiation fairly similarly and it has served them well; they have a small group that does the negotiation and then the School Committee does the final approval of the contract. Attorney Mangiaratti mentioned that the Board of Selectmen directed the previous Town Manager to have counsel present when conducting collective bargaining, but that directive was not followed. Mr. Lazzara suggested that Attorney Mangiaratti draft an amendment to the charter and send it to the Finance Committee. Attorney Mangiaratti suggested that the draft allow for the Town Manager to negotiate contracts but the town but that there be a provision that allows the Board of Selectmen to make a decision on whether they will designate a subcommittee or other representative to participate as well. Mr. Arnold suggested that the amendment be written so that the Board of Selectmen has final say on all contracts. Attorney Mangiaratti suggested two provisions; one that would allow the option of a subcommittee or other representative of the Board of Selectmen and the other providing the Board of Selectmen final say on whether the Town Manager signs the contract; this would allow the Board of Selectmen to reject a contract prior to it being signed. Attorney Mangiaratti said that in the past that is how it happened even though it was not written that way in the charter; he advised making these changes to formalize the way that it has been happening all along. Mr. Goldberg suggested that it be written so that both the Town Manager and the Board of Selectmen have to both approve of a contract before it is signed; that way they have equal authority. Attorney Mangiaratti suggested that a paragraph be added in to specify that this would be for collective bargaining. Mr. Ratliff asked if this amendment would change any other parts of the charter; Attorney Mangiaratti said that he would have to think about it since much of the charter is worded very broadly. Attorney Mangiaratti said that he would draft the language and send it to the Finance Committee for submission as a recommendation to the Board of Selectmen. .,. Selectman Levine mentioned to the Finance Committee and Attorney Mangiaratti that she had some concerns regarding these changes. She said that she wanted to make sure that the Board of Selectmen did not have to attend these negotiations as she felt it was important for them to remain impartial. She said that she thought it would be best to have an attorney or labor negotiator sit in on behalf of the Board of Selectmen with the Town Manager for these negotiations as they are better suited to do so. Selectman Dentino suggested that if the town is having a difficult year he thought it would be a good idea for the Board of Selectmen to have the ability to sit in on these negotiations and not just an attorney or labor negotiator. Mr. Lazzara said that if an amendment to the charter is going to make it easier for the Board of Selectmen to make their decisions then the change would be beneficial. Vote Motion to approve minutes of June 25 Executive Session meeting. (Goldberg - Arnold) 5 - 0 Passes Vote Motion to approve minutes of June 25 Finance Committee meeting. (Chambers - Ratliff) 5 - 0 Passes Vote Motion to approve minutes of July 9 Finance Committee meeting. (Goldberg - Chambers) 3 - 0 - 1 Passes Motion: To Close at 8:30p.m. (Goldberg - Ratliff) 5 - 0 Passes g r, ~ :, '" 11..1 . ,__ .." ) i,<!.iJ/)tl1 71i f,i1'~41li i / Signature of CI rk "'j'/" r ) ( r. f '." c/' J '_Y' I Date of Approval ".