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Salem Observer

News and Information for the Town of Salem

New committee gets advice about state rules

BY DERRICK PERKINS

The message members of the charter commission received from a representative of the local government center on July 9 was “curb your creativity.”

Attorney David Connell pointed to past attempts by towns and cities across the state to impose tax cap initiatives, term limits for elected officials and bring the school district in as a department of the municipal government as charter changes that have exceeded what is laid out in the state statutes and been subsequently struck down by the courts.

“Each of these cases where the court has struck down something in a charter, that was an opinion held by town council and reviewed by the attorney general and who both said it was OK. It’s far from clear even when you can hear from multiple people saying it’s OK,” Connell said. “A general observation is that the charter is not the place for detailed treatment of the structure of your future town government. That’s left for administrative code.”

Connell took questions from the nine-member commission on the different forms of municipal government available under state statute Thursday night, from a board of alderman and an elected mayor to a town council with an official ballot. Connell also ruled out any attempts by the commission to put both a proposal for a new charter on the March town meeting ballot and a series of amendments to the existing town charter.

“This commission as this commission has to present one document for a yes or no vote. It could contain any number of items which one at a time might be considered amendments,” he said. “While this commission is doing its task, the board of selectmen can say, ‘Let’s throw on (the ballot) a few amendments.’”

His presentation sparked a three-hour debate between members of the commission over how much power any future legislative body that might replace the existing board of selectmen would wield relative to the voters or other boards and committees.

Commission Chairman Robert Campbell, a former selectman and current member of the Planning Board, spoke favorably of the town potentially adopting a town council with an official ballot.

“The official ballot with a town council would provide the structure for a good transition. Some people are comfortable having some control via the ballot and others would like to see us move toward a council or city (form of government),” he said. “The variation that is possible with the assignment of legislative power to either the ballot or the council allows making both parts of that comfortable and allows for a transition over time by simple amendment without having to redo the charter.”

Stephen Campbell, a member of the Budget Committee, disagreed and said he would oppose any attempts to make it easier for big ticket spending items – like a new police station – to gain approval.

“I want the decision-making in as many hands as possible. I do believe in checks and balances. I might elect somebody who I think is a great person and I can’t get rid of them for three years because they either changed their mind or lied to me,” he said. “ There is no magic in a city council or a town council ... I can’t do anything about D.C. I can hardly do anything about Concord. The only place where I can do anything is here.”

With no final decision on what direction the commission will take in pursuing a new charter, members plan to narrow down their ideas for the panel’s next meeting on July 23.

Published Wednesday, July 15, 2009 2:12 PM by Salem Editor

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