HomeMy WebLinkAbout1968-04-25-BOS-min SELECTMEN' S MEETING
April 25, 1968
A special meeting of the Board of Selectmen and the
Structure of Government Committee was held in the Select-
men' s Room, Town Office Building, on Thursday evening,
April 25, 1968, at 8:00 p.m
Mr Arthur MacKinnon, Director of Accounts, met with
both Boards .
The Chairman said that Mr MacKinnon is here to help
us in our deliberations on this very important matter He
is probably more aware than we are of any change in govern-
ment in any form and will appreciate his advice
Mr. MacKinnon said that he had come into the picture
in a rather unusual fashion He was City Auditor in Brook-
line and George Morey would talk with him regarding the
problems of Lexington Mr Morey expressed serious concern
and discussed the subject matter of Structure of Government
with me. He asked if I would sit down with you I told
him I was reluctant Normally the Director of Accounts
does not do this , but I would give consideration if the mem-
bers were interested. I would expect a degree of confidence
between myself and people with whom I would sit as I cannot
afford to publicly declare myself I have had a telephone
call from Mrs . Battin and discussed the subject matter I
have been a Town Comptroller and City Auditor and am in a
position to express some judgment . The Auditor who is in a
City with an elected Mayor has the same relationship with
the Mayor. In a City that has a Manager form like Cambridge,
the Auditor is elected by the City Council, not a subordinate
of the Manager He should be answerable to the Chief Execu-
tive Officer or Board of Municipality.
The Comptroller should be an appointee of the Board of
Selectmen. Town Counsel, also, should be appointed by the
Board of Selectmen. Counsel can exercise better independence
of interpretation of law In a town of a Board of three or
five, Counsel can expect there can be less interference with
him
Mr. MacKinnon and Mrs . Battin discussed Paragraph E,
Section 2 and Section 7. On Section 13, Town Manager to sub-
mit estimated tax rate at a time when important, the Chairman
said that State participation has a substantial bearing on
what the tax rate is to be and said that the provision serves
no purpose at all
Mr MacKinnon said that be has had an opinion for many
years that no form of government is any better than the
people involved in it I think it is known that the Man-„ r
ager form of government has not been successful in
Massachusetts Too many Managers come from other commun-
ities ; if we have to use Maine as a comparison - a Manager
who has had experience under the Maine law, where as muni-
cipal official he had no strings , come into Massachusetts
where he has to operate under highly regulated procedures .
I have never missed an opportunity to attend a ses-
sion on home rule Don' t know why it wouldn't be a good
thing to have back again I don' t think members of the
Legislature realized what home rule bill really is Massa-
chusetts is not a home rule state; no taxation, local govern-
ment has no say in any taxation and does not have fiscal
autonomy You would be astounded at the mistakes made by
Town Managers . We have not had qualified people as Managers
in Massachusetts This is the fault of the people drawing
the Charter; I am not eligible to be Manager, served for 20
years in Everett, 6 years as comptroller in Brookline, and
Director of Accounts for 6 years , but I have not served in-
ternship - I realize there is no such provision in your
Charter. Arlington is an example of what can happen by a
group of reformers because of limitation of International
Managers ' Association.
Mr. Gray took exception to remarks made by Mr. Mac-
Kinnon.
Mr. MacKinnon said that there is a dearth of supply
of qualified people to take Manager jobs that exist in the
Commonwealth of Massachusetts . If there are good Managers
we can have good government Cambridge is having troubled
times . Saugus is a sad example of anything. I am in favor
of any form of government if it will produce the result
that people paying the freight will expect.
The Chairman said that he has the feeling that Mr
MacKinnon does not approve of Town Manager form - you would
like to see it go to the one with the moat effective Charter.
Mr. Kenney said that you have talked of two appoint-
ments, would you discuss others , Police Chief and Superin-
tendent of Public Works , two individuals appointed by the
Manager
Mr. MacKinnon said that he felt that the Superin-
tendent of Public Works should be appointed by the Manager
He is an administrative officer, charged with providing
certain fixed services . Appointed by the Manager with the
approval of the Selectmen.
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' Mr. Adams asked if the chart had the approval of the
full Board .
The Chairman said it did not , had been made by two
members ; the whole Board may or may not approve
Mr. MacKinnon said that he had no reservations about
the Treasurer; fewer decisions of judgment to be exercised
by ministerial officer He cannot disperse funds without
approval of the Comptroller and the Board; no independent
judgment. Perfectly proper under the Manager I firmly
believe that a good Manager would see to it that a Trea-
surer uses proper judgment in the use of funds .
The Town Collector has a greater opportunity to use
independent judgment . He could be appointed by the Mana-
ger - some measure of immediate supervision.
The Chief of Police is entitled to the protection of
Civil Service. The appointment of a Chief would not norm-
ally come up once in 15 years . He should be under the
direction of the Manager; the Selectmen are not around all
day, the Manager is .
Mr. Kenney asked about the Permanent Building Committee
Mr. MacKinnon said that you should get away from ap-
pointments by the Moderator The Manager should have every
day control over someone spending millions of dollars
Manager appointment, with approval of Selectmen
Recreation Committee: don' t see too much policy in-
volved in it . Town Meeting establishes the amount of money.
Mr. MacKinnon asked what part the Planning Board
played in Recreation area
Mr. Greeley said that, primarily, acquisition.
Mr. Gray said that the Recreation Director was re-
sponsible for program.
Mr. MacKinnon said that he believed there should be a
committee or commission to supervise Recreation program,
under whom there would be a Director.
Mr. Cataldo said that the Manager should not have to
go to the civilian board to get to the Director; he should
have direct control over the Director.
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Mr. MacKinnon asked who is going to administer the
Recreation Department, the Director, or the Committee?
Mr. Cataldo replied, the Director. He said that he
had a question on the Appropriations Committee, the most
important Board the Town has He asked , with your experi-
ence
and the contacts you have, what do you feel is the
best manner of selecting?
Mr. MacKinnon answered, no pattern. Appointed by
Moderator for three year terms ; term to have 1/3 total
membership expiring each year. If Moderator uses top
judgment, you can come up with a fine man.
Mr. Cataldo asked what would give us the best insur-
ance to do this?
Mr. MacKinnon said that he didn' t think the Selectmen
should have jurisdiction of the Appropriations Committee.
(Unless I saw abuse by the Moderator in his appointments .)
Based on my knowledge of Finance Committee members , I have
seen excellent results . Jurisdictional appointment by the
Moderator; Chairman of Appropriations Committee is appointed
for three years ; Moderator is going to listen to him, the
Chairman is able to negotiate. Do not like to see Selectmen
involved in Finance Committee II
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The Chairman asked, are we limiting our thinking on
policy and administration - separate policy with policy
making board and administration with Town Manager?
Mr. Kenney said that some towns have Public Trusts .
Mr MacKinnon asked who appoints Chairman of Public
Trusts and Mr. Kenney replied that it was suggested to be
a joint appointment; Mrs . Battin said, by the Manager.
Mr Mabee asked Mr MacKinnon to give an indication
about the qualifications of a Manager He asked if the
percentage of unqualified Managers exceeds the percentage
of Boards of Selectmen.
Mr. MacKinnon said that there are grossly unqualified
Selectmen. Election of Selectmen in some communities is a
popularity contest. I am not in favor of electing as many
officials in a town because of the number of autonomous
Boards . There are good Selectmen, and some I hope that
this is the last term. There are 312 boards, 15 or 18
Town Managers - I am not in a position to evaluate 1,000
Selectmen in comparison with something fewer than 20 Town
Managers . '
Mrs Battin said that the Retirement Board should con-
tinue under Chapter 32.
Mr. MacKinnon asked about the present setup of the
Board of Health and if the Agent is Civil Service. Answered
in the negative. He asked, would you consider all statutory
authority He must have all authority of the Board or you
must have a Board that will assume the authority of the
Board of Health. Have you found many controversial issues
in the Department? Who is responsible for refuse?
The Chairman replied that the individual is responsible
for rubbish; garbage is the Town's responsibility
Mr. Mabee said that Mr MacKinnon had mentioned earlier
that he thought that the Town was basically better off with
least number of elected boards, we have five, Housing, School,
Moderator, Town Meeting, and Selectmen Can you think of more,
Cemetery?
Mr . MacKinnon asked how many are interred?
Mr Greeley said there were 200 or 300
Mr. MacKinnon agreed with our approach to abolish.
Mr. MacKinnon said there should be a termination of the
election of Treasurer and Collector; they are the bane of ex-
istence to Bureau of Accounts. No reason for the election of
a Clerk. Elected Planning Board, gets into politics Plan-
ning Board appointed by Selectmen is proper. One of the
problems with numerous elected Boards is their feeling that
we are not responsible to the Selectmen.
Mr Kenney asked Mr. MacKinnon to comment about appoint-
ment of Assessors
Mr MacKinnon said that he felt that Assessors should be
appointed by Manager with approval of Selectmen or by Manager
alone There is a policy established by Assessors and asked
why should I vote for a man who is going to put the value on
my house? Special policy, affects the tax payer in town If
you have sufficient confidence in Manager, would prefer not
to be involved in appointment
Mr. Kenney asked about his experience with Executive
Secretary.
Mr MacKinnon said that an Executive Secretary, in most
instances , has very little authority. Statute says authority
by the Board Give Article authority over budgets . When
chips are down, he has no authority
The Chairman of the Board of Selectmen thanked Mr.
MacKinnon for coming to the meeting and Mr. MacKinnon said
that he has had a pleasant experience with the Town
A true record, Attest:
Executive Clerk, Selectmen