The Special City Charter Commission held a meeting on May 15, 2023, to review several sections of the city charter. The committee approved the minutes from the May 8, 2023 meeting. Key discussions revolved around limitations on office holding (Section 9-12), felony convictions (Section 9-13), enforcement of charter provisions (Section 9-14), eligibility for health insurance (Section 9-19), disposition of certain special laws (Section 10-4), and the time of taking effect (Section 10-5). The committee voted to amend Section 9-12 to mirror language in Sections 2-3 and 4-3 regarding city council and school committee prohibitions. Section 9-13 was amended to clarify that vacation of office due to a felony conviction takes effect "from the date of conviction." A significant discussion occurred on Section 9-14, leading to a decision to create a multi-tiered enforcement process involving formal notice, a new three-member Charter Grievance Committee (with public meetings and comment), and finally, recourse to Chapter 231a of the General Laws for declaratory judgment. Section 9-19, concerning health insurance eligibility for elected officials, was tabled pending further information from HR regarding part-time employee benefits and options for full premium payment. The committee also voted to strike Section 10-4, which listed repealed special acts, deeming it no longer relevant. Finally, Section 10-5, which detailed the charter's effective dates, was amended to assign the task of reviewing city ordinances for compliance with the charter to the existing city ordinance committee, rather than a special committee as originally stipulated in subsection M.
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uh welcome to the special Charter Review Committee it's the 2022-23 special Charter review today is May 15th Monday it's 2023 and it is 5 p.m we are in the atrium of the government center I'm Marina Brown your chairperson the open meeting law states pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transport transmit the
0:28meeting through any media attendees are there for advised that such recordings or Transmissions are being made whether perceived or unperceived by those present and are deemed acknowledged and permissible and with that can we have the Pledge of Allegiance please please subscribe down I pledge allegiance to the lag of the United States of America and to the Republic for which it stands one nation
1:00under God indivisible with liberty and justice for all amen and attendance please start into my right Rina Brown Laura Washington Kathy namkovich and Tim has given us notice that he has conflict on Monday nights Allen indicated he may be tardy or not be able to appear at all uh Tracy I think she might have sent me an email she can't make it but I'll double check on that she had a prior
1:34commitment and Mimi uh has a commitment with the school committee and that is all I'm missing right John Mitchell is not making it tonight now he told me today he had a prior meeting and with that we will open it up for public comment you sure oh yeah no I mean if you okay seeing none moving on to the May 8 20 23 minutes second all in favor aye aye any opposed motion passes thank you
2:12moving to 9-12 limitations on office holding I will read and then we will discuss if necessary limitations on office holding unless otherwise Allowed by law or this Charter no Persians shall simultaneously hold more than one city office or position of employment this section may be waived by the mayor upon the appointment of a person to an additional office or position of employment by
2:49filing a notice of the waiver with an explanation and justification with the city clerk any hours worked in any part-time position shall not be the same or otherwise conflict with the hours worked in a full-time position any discussion we had something fixed language I even mind if someone were going to work on different language what was the ruling that was inside let's go to Paul Machado that's the ruling was that
3:25prohibiting him
3:32so you can't stop someone from running for office who happens to be a city employee already so this language I think conflicts with that a little bit and it conflicts with the other ones because there's two other paragraphs on city council and school committee because we have this discussion at length and we fixed let me go to it Pro 2 3 was about prohibitions um where it talked about a city council
4:07or having a city job and being elected and also in I just want to write this down 2-3 and plan for 4-3 4-3 which is also prohibitions four three was the school committee 2-3 was the city council and and then 912.
4:33um so is there a motion to I don't know have the language similar to two three and four three I like the part about the mayor in the waiver I you know I like that um and it's not saying you can't run for office but I think it's certainly it has to be fixed to mirror two three and four three right because we can't have two three and four three saying it's okay right if you are
5:02a city employee you can run for office because those said you couldn't well besides that a court already said that right so is there a motion that 912 the language be similar to two three and four three we'll let the clerks handle the verbiage so the only the only reason we have 912 is because two three and four three has to do with city council and the school board right right yes is there anything they
5:29were specific to those two three were specific to the city council four three was specific to the school committee at 9 12. I I mean I it's it says position of employment so I'm assuming paid positions are there any committees or commissions that they're paid like like the um wasn't there a police board that used to be paid numbers I think this is maybe kind of referring to that right I
6:01don't know because if if two three and four three is is city council and school committee maybe this 912 was for the rest of that stuff can tell you what that I I didn't like the language then I found it confusing it made it in I voted against it whatever happens to it from here let the wind fly does that emotion to for the wind to fly is there a motion to change the language
6:29of this yeah yeah so he made the emotions okay the motion is to make the language similar yep okay and it's been so emotion made by Dan for 9 12 to mirror the language in two three and four three the clerks will do the language and that's been seconded by Laura any further discussion all in favor any opposed motion passes to change 9-13 felony convictions and elected official who has been convicted of a
7:10state or federal felony while holding office shall be deemed to have vacated the office that's what it says right we added we well the note was from date of conviction from the date of the conviction was our change was that motion already made and cast I think all right all right I'll make a motion to add from the date of conviction at the end make emotions seconded by Dan all in favor aye motion passes and
7:43add date of eviction 914 enforcement of Charter provisions 9-14 enforcement of Charter Provisions it shall be the duty of the mayor to see that the charter is Faithfully followed and that all City agencies and city employees comply with its provisions whenever it appears to the mayor that a city agency or city employee is failing to follow the child or the mayor shall in writing cause notice to be given to
8:16such City agency or city employee directing compliance with the charter if it shall appear to the city council that the mayor personally is not following the charter the city council shall by resolution direct the attention to the mayor of those areas in which it believes there is a failure to comply with the charter the procedures made available in chapter 231a of the general laws may be used to
8:45determine the rights Duty status or other legal relations arising under this Charter including any question of construction or validity which may be evolved in such determination yes thank you during the original job and discussion to my knowledge that was never any real discussion about enforcement how it would get enforced what would happen if it wasn't enforced so if anybody wants to know it will run an
9:25on topic right really I know that um one of the comments people have made is that um there was some time ago a couple years ago I think it was around the a former superintendent's issues that the city council was demanding that members of the school committee or the school administration appear before them and the charter is quite clear that they could ask for anybody to come before
9:58them except the school uh committee and there was discussion about how the city council itself was kind of violating provisions of the charter by making that demand not only that they spent hours on the issue too and not dealing with like you know City business so I don't I don't mind the tenor of this just for people chapter 231 a of the Mass general laws talks about uh when somebody not summer judgment
10:31it's about civil procedure it's really about if somebody violates it their claims and equity and I I pulled it actually let me see if I did I attach it I may not have attached it but all that General law does is lay out the procedures in in civil litigation and how to do it and my only issue it with it is this uh the best General yeah I'm gonna look for it
11:08um do you have a copy of that Bachelor no um I'll tell you the pro my problem with that is let's just say um there is a violation of the charter it costs money first of all it costs money to file you could only file in Superior Court and it's like 250 bucks to file a superior court then you have to serve which is another 50 to 75 dollars to serve the party or parties
11:33that you're bringing into Superior Court and then there's the time issue you don't go into Superior Court with a complaint file it and serve and get your case heard that week unless it's an emergency motion and even then it would have to be like a life or death issue so my problem with that is yeah there should be something about enforcing it I like the notice requirements in this um but other than that that's what I
12:04thought when I I don't like the fact that we have to go to college in order to inform I mean it probably the way of the world that's how we will manage that dissolved but it's gonna be time it's not going to happen overnight I'm not necessarily worried about the expense of it because if that's the only remedy I'm more concerned about the time issue right but you know for the average
12:37citizen that was my position you know what if um somebody go ahead oh God Mr Vince Mr Venice do you have a copy of it oh here it is I just want to read what this Mass General law the title of it is Mass general laws procedure for declaratory judgment that's what it is and um declaratory judgment is the name of that complaint you would file we're asking the court really to declare a judgment right declaratory
13:09judgment we're asking the court can you figure this out for us and what can we do right what can what what would be the Court's judgment yeah that's the simplest layman terms and correct me if I'm wrong that's kind of what a declaratory judgment but it's expensive Mr Vincent Mr Venice I'm sorry go ahead my wife and I were held electricity wasn't a child that whatever 231 it's basically a 10 taxpayer right
13:56we're here one night across the street you know we raise some money we based on based on it all morphed into a great velocity change room and everything else and I had our lives in this kind of my wife but my wife and I except for my wife and I have been someone back membership Dynamic committees or anything who were the city anymore because we had to call to shoot the city that uh nothing never happened
14:31but we didn't but you did filed the rules and we did it and uh how much you came up but that's what it is yeah what was the violation
14:53it was the two it was the two positions issues I can tell you that isn't one that regret very openly violated for a while I won't swear to it I believe part of that has not been corrected but I won't I won't officially but that that was one violation that I used to work for because that's very easy to find here you just go through the Western and see if there's
15:26right don't forget people yeah but the uh Community preservation legislation but indicates that a member of the awkward um housing board um there are certain people ones that I can't quote number several boards let me put it that way that have special dispensations or special requirements a couple that I looked at very very openly were not they did not fall on the Louisville plank but this pashanah was absolutely
16:20correct the CPA the CPC uh I'll served by neighborhood for a long time it's one of those there's several others the historic commission the historic district Commission those were not the ones that I was and over had those exceptions well I mean if you violate the constitution of the United States right yeah you're always hearing about Civil Right violations which is the most common one and the and
17:06the penalty for violating that can be civil or criminal right and I always wondered yeah so if you violate the charter what happens I mean you know I know it refers us to declaratory judgment right let's just say that the city council violates the charter by doing something and they go in and 10 taxpayers file something at the end of the day what's the penalty reimbursement of attorney fees
17:37there's no Financial loss unless of course it is something over a job right I would assume within and I don't know what I would assume that within that lawsuit you would lay out the elect violation and as part of the government ask the judge to order that whatever the whatever the violation is directly right be remedied is there some so I think it's a good idea to to keep the reference to
18:15declaratory judgments but is there a way to come up with a sanctioning mechanism before going to court right so for example if it's the city council that is violating the child can the mayor do something about it or vice versa no we won't just click on the city council we'll pick on everybody okay thanks um if the mail if the mayor violates the charter can the city council do something city council
18:47considered a city agency because it says whenever it appears to the mayor that a city agency what's a city what's a city is that in there it's any multi of multiple deliver body any direct Department division or Office of the city of Fall River so that would be city council so that's in there then the mayor whenever it appears to the mayor that a city agency or city employee so it's there yeah like an easier remedy
19:24than having to go to court and I I mean go ahead Mr Bettis Maybe
19:38well right now who's gonna know unless you've got somebody with an emergency to spend a lot of time a lot of your own personal money would hope to get an impact if they're successful I mean I definitely think if if if somebody files a declaratory judgment in wins whether it's against the mayor or the city council that they should be on the hook for any fees and stuff incurred I think you know could be against the
20:06school it could be the excuse me right any right any part of the city that may be in violation yes I'm sorry go ahead commitment on these violations at the child and young upstairs like a hearing yeah like job agreements company yeah sort of like agreements maybe you know a charter permanently and who gives them the authority do they have what's their Authority right I well the Charter give them the authority so if
20:57you had a chartered grievance committee right and you and Laura you're you're you're I'm a city councilor the mayor violated it that's all there is to it this says okay you put them on notice Mr Mayor we the we believe you violated the charter 9-2 and we want you to you know knock it off and fix it now because I mean that's what as written that's how it is I'm violating the other committee I'm
21:27the grievance you're the grievance committee I am violating all over them you send me notice right mayor is violating the charter all over the place okay that's it my grievance committee and I get together there's five of us take a look
21:53prices so what is that just so they do they find them do they do they render you what you just did null and void and then what if they don't listen then then do they go to court maybe again and you know something the reason it refers you to 231 is because the person deciding it is the judge right they're telling you you got something really bad you've got to do to clear their judgment but that's
22:15what they do with the Constitution and the civil rights violation yeah I commit a hate crime or something else something in violation right and I'm charged because you can be charged criminally with civil right violations but you could also you know be brought in uh civilly on a civil rights violation and again it's not until the judge says that it's a civil rights violation does
22:41it become one ultimately even if we had a committee at some point I think we'd have to end up in court so but at least it'd be in the city's dime and then I think that who what makes up the committee is it appointed by the mayor or is it like this how it's set up like you have so many attorneys you have people from the charter well then what
23:05if what if so if the mayor is making a complaint against the city Council fan this this provision could say that he can appoint a committee to conduct a hearing to determine whether the city council has violated the child and then once they make that finding then that Charter violation you know is I don't know so wait so you're saying the mayor makes the claim city council is violating it and I'm going to appoint
23:44these five people won't people look at that and be like yeah he's going to stack his committee so why don't so I think it's going to be an independent I think a committee should be I think the committee should be formed prior to any complaints being made I think if we I think each Administration prior I like this committee it should be conformed I should be a formed committee if it's
24:12going to be done like yeah no I'm thinking about I mean maybe a grievance committee can can work it out I mean instead of short of going to court right so you have a grievance committing five people they get together record that the mayor has violated the charter by failing to do this now that's uh public sort of like uh I think that my buddy knowledge about is of the meat market a friend cat
24:48I think that it could be formed though in the same way like you said like city council puts one person on the mayor puts one person out whatever that is kind of a school committee yeah I mean I like the idea of this enforcement of a charter provision I like how notice is sent out in a formal manner but you're right maybe there should be like a five-member charter grievance committee and um that kind of
25:21um reviews it and makes a determination then I guess it would be up to the complaint filer to decide if they want to go for declaratory judgment my whole problem with this is though that well we could give the committee The Authority if they for violation uh that whenever it was violated has to be recently right like we like if it was a grievance committee and they say okay the mayor violated it you type up
25:52something he violated 9.2 and here's your options fix it or leave it or it goes It goes to court yeah I love it I think that's fair I mean there's only three options right yeah I think that's very very fair I think I think that that's extremely Fair because now you're given the opportunity like I know I love the notice requirements written in here um if if the sentiment of this committee
26:19is to make the charter more user-friendly I think we title what 231a is a little bit about you know they have to fight you know file or you know that's the last option you know what I mean the difference is the notice requirement let's say the mayor does violate the charter City councilor uh Laura goes to her peers and says hey he's violating the charter they say we agree they send a formal notice to him
26:42there you violated 9.1 and then the mayor should be given maybe five days to say oh all right I didn't know I'll fix it right now yeah and then in five days if it's not fixed it goes to the Charter grievance committee and they've got seven to 14 days to come up with an action plan almost like a service plan with TCF he's your service plan fix it or don't fix it
27:11so it's only two options yeah I just wonder if the mayor should be the important and I want to stress I'm not talking necessarily about this man right whether any man should be the appointing authority of a committee like this no but he won't but we were saying though was that he can make one appointment city council makes one appointment school committee makes one appointment so it's not just one person making the
27:44appointment there's multiple bodies forming that grievance committee right like make it a three-person grievance committee and it's one from each legislative body that's all I mean and you also know the more people you have right right right so if you have a three it's good right because if it's a charter violation it's going to be pretty glaring cut and dry right right I mean yeah right we're
28:08talking about plain language we're making it easier to read we're going to make it easier to understand
28:20came up with yeah I mean make just keep it keep it simple three people everybody gets a pick and I like the notice requirements first there's notice then there's an opportunity to fix it then it goes to the grievance committee and it sits there just for a minute because this stuff Charter violations shouldn't just sit there unnoticed that's what I would be an entirely intersection with a new language yeah
28:48there's nothing in here about that yeah like enforcement of Charter provision and then maybe you do section 9-14 small a and chartered grievance committee or CH you know Charter I don't know what you title it but you know what I'm saying Mr Venice I'm sorry Mr Venice
29:16you know if you get one from each action development depends on who the grievance is against against somebody that's
29:33comes up I got a lot of spinach and humans but right agreements you have a hearing with the city the city doesn't fix it go to arbitration go to an arbitrade and the arbitrators make a legally blinded decision right and then they still don't follow it about my cloud column arbitration is similar cheaper than parents or something that's what I'm saying it would be a lot cheaper for the it can actually be if it's a
30:07City community he said he's going to be shown itself well the grievance committee isn't file in the suit it's going to be whoever filed the complaint if the mayor files complaints against the city council they didn't follow 9-1 then it's I think it's completely interested I bring it to my previous experience they the city doesn't fix it then the next step will be arbitration if you still don't do it they still
30:46don't well and after habituation then you've got to go to clock all the Traders make findings of that but some arbitrators decisions can be overturned by the court and some can't some are binding right don't documents say you know the final arbitrator I think you should have is your emotion I saw I make a motion to I don't know add language in there that we make a whole new sections
31:25could we take 9-14 in the first section is as it is up until the line that start the last sentence the procedures made available so in so after that section or prior to that section we insert another section that says small B so we do a small a so and then this becomes the last so just as we said one the first section addresses notice as it is and then that last sentence we push
31:57that down and insert a second section that talks about the charter grievance committee who remembers yeah three members and then the third stays as is so small a it shall be the duty of the May to see that the child is Faithfully followed mayor and City agencies fit called notice to appear and if it appears that the city council or the mayor's not following it so it's a small
32:20a all the way up to failure to comply with the charter right then small B is small B the procedures made available in chapter 231 a but it's but instead of small B being that small B would be the grievance after notice if if the if the violation right so we strike are we striking the procedures made available that's become C doesn't it well a a small a is it shall be the duty up until
32:59the line that ends with failure to comply with the charter it's the second to the last one that's one that's a because that's all the notice requirements right then small B would be something like within five days of placing you know the party on notice that they you know that they violated the charter if it hasn't been remedied um then the matter will be referred to the Charter grievance committee that would
33:33be small B then small C would be you know small B would say What the how long the grievance committee keeps it and they'll send you know they'll send it some kind of you know decision if it's still not remedied then small C is going to start with the procedures made available in chapter 231a well I don't know about arbitration the charter grievance committee is going to act as the arbitrator here yeah because
34:05you still have to pay for an arbitrator you know we don't have when we you know and we're trying to find a way that if you think that the chart has been violated you know it it'll take it'll go to it'll go they'll take two paths first first the person's place on notice they got five days to fix it or agency or whatever if that is not remedy it goes to small baby the charter grievance committee
34:33gets it they spend seven to 14 days on it they make a recommendation and then if it's still not fixed then the person has to file for declaratory judgment s
34:55for two years and five bucks ahead Paul um well and I would think that this grievance committee committee would also have the opportunity to bring its own reasons so they would meet in public there would be a time for public comment and the people because we might not notice a charter violation but maybe the members of the public notice that so they should have an opportunity to
35:27come present to the grievance committee what they perceive as by the committee then sends their wrong notice yeah whatever reasons I like that I like it I think that it it makes it I think it's financially feasible I think it I think if each legislative body has one member on there no one can scream bias right um I don't see it violating anybody's right to be heard if the grievance committee
35:59is meeting in a public setting with an opportunity for public comment should we spell all that out yes yeah I think so but I would leave it to the clerk to do the language yeah well I I mean in the motion the point yeah the pots the parts absolutely because I always yeah John and Alan Alan Rumsey me and um so there's a motion to make the changes to that yeah and what the clerk will
36:41take the language and yeah tighten it up and you know as their own they meet publicly with their own grievances yeah you know the the clerk is a good language is that motion seconded I'll second it hasn't been seconded so maybe
37:06yeah um so there's a motion it's been seconded all in any more discussion all in favor aye anybody opposed to the changes to 914 all right moving on Mr Clark did you get all that 9 19.
37:23States 9-19 eligibility for health insurance and other benefit programs no elected official other than the mayor shall be eligible to participate in the City's health insurance and related benefit programs provided however that any other elected officials in the office at the time of this Charter's adoption and who are receiving such benefits shall continue to be eligible for the City's
37:49health insurance and related benefit programs for as long as they are continuous elective service to the city City councilors and the mayor and school commit did the school committee also always get health insurance or was it just this challenge that he counselors and school committee members as well if they chose that in Africa say again it was and you still pay a portion of it however it worked out I'm not sure how
38:25the payments are broken down I just know that because City councilors and school committee but those are considered part-time positions yeah they are and up until the passage of this Charter they always got it they they had the options again right they didn't it wasn't mandatory that they got it they had the option some may have had family members that got benefits from other places every elected member of the city
39:04council and every elected member of the school committee had an option to get it We Struck it down with the passage of this Charter it's one of the few provisions one of the very very few that I actually like in this job I have to agree I I I I agree I don't I don't think that they the part-time I don't I agree that the man should have it I don't agree that city council and
39:35school committee should have it that's just my personal opinion and I am on the city council that's just my personal opinion so I have to agree with Dan on this one although it's probably not the popular consent I don't know I've always felt that for me I mean I I don't know but part of me wants to really know the financial part of this like I don't know the numbers
39:58and one of my issues is we if you want to attract you know um people to engage in Civil Service people to take time out of there work Leisure family hobby obligations to serve the city that taking health insurance away are at least the option to have the health insurance was the worst thing they did oh I do I think it was the worst thing but I don't know the money yeah but I'm
40:41assuming you gotta give something to get something so many that
40:50that are eligible for health insurance if they are full-time employees absolutely I'm assuming that there are some city employees who are only part-time so that's what this language could say a little bit cleaner is that the mayor is the only full-time elected official so he's eligible for health insurance City councilors school committee are part-time Essentials so they're not eligible and then we also have to clean
41:22up the language to deal with the hex law situation so we want to make a so so that yeah well I think too because the mayor right the mayor is full-time full-time and we say that and hear that he could hold right so he's the only one that we identify as full time so it should be that but the others aren't they can have a job and but that can also be a city employee
41:51yeah full-time City employee so they might be eligible and yes I'm sorry thank you thank you very much very briefly I'm not and I'm going strictly from memory now so I may be a little bit off as I remember discussing this at links I think what the intent was and I could be wrong was mainly not that Mr Machado is not correct but as I recall the discussion it was mainly dealing with city council members
42:30school committee members that was the extent of the discussion as I recalled around the first chapter commission Ellie says elected yes I don't know how well that way though my position as I stated and I think my colleague come for Washington field the same way I am mostly talking about members of the city council and members of the spoken do but do any part-time city employees get an option that's I think I think I
43:11by law so many hours I think if you're I don't know what the numbers are I think after like I don't know 28 hours of 30 out you have to get offer some type of health insurance what those numbers are not a HR person I don't know but um as far as an edge again it's just my opinion yes as far as an elected official in a city council or a school
43:33committee I can't support them being eligible but what if they can pay for it like just hear me out let this I'm assuming that there's this group health plan right and everybody knows that these you know my and I'm not professing to know this I'm just I'm going to give a question so go ahead so there's this group health plan that covers everybody in the city they have some taken out of
43:59their check the City Kicks the other ring but can't you give them the option of paying for it so here's what I would say if you want to take your entire stipend for city council and go on the mass Highway and pay for it yourself then you can do that and the city's not on the hook for any of your health insurance no I'm talking about them paying the premium for it the the person
44:19themselves yeah but why take this stipend away I'm talking about them saying I'll pay it I be part of your group I'll pay it no way you can't we don't have information on who is eligible for the help of City Health Insurance well I want to know I think that's a different I think city employees are different I hear from that yeah HR what was that Nick can I take can we table it
44:45can you make a motion a table but I think this talks specifically though to electives yes but but I want to know like you know listen there the city council meets twice a month school committee meets twice a month in their committees yeah all I'm saying is I want to know two things uh is there an occasion where a part-time City employee has the option of getting it and two is
45:15there an option to pay it to pay the 100 of it if Laura wants health insurance and they don't offer it but she goes to the city and say hey can I join your Blue Cross and they go yeah it's 500 a month and Laura says all right I'll pay the 500 a month because every other insurance wanted seven eight nine a thousand a month why can't she have the
45:34option of paying the full premium for it so but because it's let me explain because it's not 500 a month because then the city's on the hook for the other 700 a month you understand what I'm saying so I'm saying I'm talking about the whole thing so here's what I would say so then that person would go right to uh Bering Star Insurance or another insurance company and pay the entire premium their self they don't
45:57need a third they don't need the city as their third party entity they can just go to a different insurance company and pay for it themselves that's what I'm saying they can take their stipend from the city whether it be from the school committee if they need insurance or the city council and take and use their stipend to pay for their health insurance and therefore if health insurance is what they need now they can
46:18pay for it which is you know fantastic so they don't need the city to to to cover that right now I'm going to modify my position not only do I believe the the city councilors and members of the school committee should not be applicable for health insurance I don't believe any part-time employee should be a wonderful for health insurance well I'm making a motion to table it I wanna I wanna get some questions
46:55answered can I get a second second okay um all in favor of tabling it all right okay so 9.99-19 is tabled and uh I'll get some either we'll have HR come down or I'll send them an email just telling them the questions or maybe we will see if we can get some let's say Char that does it Mr venison
47:32health insurance but the existing officials rather than 9 9 18.
47:40the existent officials would have to pay the same co-pays and everything that the regular I'll ask the question like what you want to know what the ones that are getting it now are paying do you know no if I kind of my pocket for health insurance in the City concerts at a grandfather in might only be one or two I'll just ask about maybe we'll just bring I'm gonna I'm gonna ask oh thank you I'm
48:16gonna ask all right moving on to 919 table 10-4 you know why I put it on there because I don't know what it is disposition of certain special laws following acts the following special acts for the city of Fall River are hereby specifically repealed chapter 131 acts of 1937 an act relative to the arrangement of names of candidates on balance to be used at preliminary elections in the city of Fall River which
48:54we changed but I I'm not going to comment I'm just going to say I gotta read it chapter one city 60 acts of 1941 an act providing for the holding and buying annual Municipal elections in the city of Fall River in odd numbered years instead of even numbered years establishing the date of set election chapter 90 acts of 1950 and act relative to the filling of vacancies in the city council of the city of Fall River
49:21chapter 223 acts of 1951 an act relative to the filing of vacancies in the school committee in the city of Fall River chapter 438 acts of 1979 an act establishing the term of office of the school committee in the city of Fall River to be co-terminists with that of the mayor and City Council of said City chapter 292 acts of 1980 and act providing for the recall elections in the city of Fall
49:50River chapter 295 acts of 1981 and act relative to recall elections in the city of Fall River I think that's going to have to change after we come up with a draft of the new Charter or we leave it out but I don't know why it's in there it's not relevant anymore I say we take it out it is a motion to strike 10-4 any other discussion all in favor motion uh Kathy made the Motions
50:24I do want to just say though that when you go through your the charter before this Charter it had a nice index on the back and I think that that index kind of it gave a chronological look see we already voted for a thing more content right okay so I just wanted I don't know what that old old child does so we voted we voted 10 14 stricken 10-4 10-4 10-4
50:59comments yes we did ten five time of taking effect
51:10section 10-5 time of taking effect is any of this relevant in terms of the dates well I that's the thing I I gotta read it in the record the charter will take effect upon its adoption by the voters except as follows one section 3-3 regarding the mayor post of vacancies on multi-member bodies shall take effect on him before February 28 2019. the mayor taking office in 2020 shall initiate the real planning needs
51:39and priorities as referenced in section 311 of this Charter by May 1 2023 c section 6-2 requiring a meeting on the proposed budget will be in effect for the budget prepared for the fiscal year beginning July 1st 2019 d section 6-3 relative to submission of the budget to the council shall be in effect to the budget prepared for the fiscal year beginning July 1st 2019. can I just say
52:01that's for the record oh okay section 6-4 relative to City to council adoption of the budget shall take effect for the budget prepared for the fiscal year beginning July 1st 2019 F section 6-5 relative to preparation and submission of the capital Improvement plan shall be effective upon submission of a plan submitted to the Council on it before February 1st 2019 G section 6 6 relative
52:27to the annual independent audit so take effect for the fiscal year ending in June 30th 2019 H section 6 8 relative to quarterly budget update shall take effect for the fiscal year ending June 30th 2018. I section 69 relative to the long-term Financial forecast shall take effect for the fiscal year beginning July 1 2019. Jay article 7 Provisions relative to the conduct of preliminary and regular Municipal
52:57elections shall be in effect for the municipal election to be held on November 5th 2019 K by June 15 2021 city council shall review the city Awards to ensure uniformity required by section 7 6 of this Charter L the public comment rules or policies as referenced in 9 18 of this Charter shall be posted on the city website by June 15 2018 such policy or rules must be in effect on it before July 1st 2018 m
53:25immediately following the adoption of this chart of the mayor and city council shall undertake a review of the city audiences to determine the need for any revisions and amendments as may be needed to bring the audiences into Conformity with the charter and to fully implement the charter this review shall be made by a special committee to be established by audit provided that one the committee shall be comprised of
53:44Voters City 2 that the city clerk shall be a member of the committee three that the City attorney of special counsel appointed for this Express purpose Shall Serve as an advisor to the committee report from the committee shall be filed with the city council within one year of its appointment the committee may make interim reports with recommendations at any time as the committee May deem necessary and
54:05not with sanding section 96 of this chart or not later the May 1st and the fifth year following the adoption of this child of the mayor city council shall provide for review to be made to see China the review shall be made by a special committee to be composed of nine members to be appointed as follows the mayor shall appoint five members to include one member of the school committee and four representatives of
54:23the city's business academic or Civic associations and institutions city council president shall appoint board members to include one city council one member of the charter commission elected in 2015 with able and willing to serve provided however if no such Charter commission member is able and willing to serve the council so choose another counselor and two representatives of established
54:45neighborhood or Social Service organizations all members of the committee shall be voters of the city except as noted herein no other city official or employees shall be appointed to the committee appointment shall to the most practicable instead assure Geographic and demographic diversity of the committee's membership the City attorney Shall Serve on the committee as ex-officio the special committee shall
55:05hold him and move two public hearings it shall file its Report with the clue city clerk by June 30th and the following year following its appointment recommendations shall be posted on the city website copy shall be made available to the public at a cost not to exceed the actual cost of the reproduction oh following the initial review of the charter as described in and above provisions of section 96 shall be
55:26implant in the 10th year following the charter adoption and for all subsequent reviews that was amazing take a drink I can't stand you I'm sick of that yeah so it had already struck yes and did we strike oh I have a line through o as well n and O went correct okay any other discussion I think that the clerk has to when the clerks for the special Charter Review Committee start their drafts they
56:06will appropriately I think address the dates right We Can't Break because we don't know
56:21committee did anyone ever does that preview committee exist is that us was that us no no we're in aren't we is there a motion to strike them we already did that and I'm wrong m n n struck n we struck and we struck n and O and then we strike um m well no this talks about establishing a committee to review city ordinances so there's an audience Review Committee
57:05isn't it yeah is that a result I think there was there was a special there wasn't in fact uh there was a special Review Committee Eric Eric I believe the father of the first child of Mike myoza about Mr miles up and what were they created as a result that I can remember so there is a city ordinance Review Committee it's what's it called it was designed to bring all of the city ordinances in
58:01compliance with the job don't I thought that that should amend the job of the committee that's part of the city council the ordinance on ordinances and legislation but that didn't happen this other committee made it in to this wonderful document We Now find ourselves trying to fix so should we just amend it to make have the regular ordinance committee bring ordinances in in compliance with the charter that only
58:40makes sense second did you get the motion it the motion for m is to change that to State immediately following the adoption of this Charter it will be forwarded to the city ordinance committee review to bring any ordinances in compliance with the new Charter I get the tenor of it because you're right I don't know exactly where but there may be an ordinance out there that's contrary to
59:10get any kind of changes right so there's a motion it's been seconded any further discussion all in favor any opposed motion passes to change I have a question for Laura so that yeah which I sit on for the city council they meet pretty regularly actually so I would only make sense that they are the ones that review it have you been doing that no nothing not to my knowledge I'm new I I
59:49mean for my you know maybe they have and I just have the privy to that so I shouldn't speak to that but I can say that since I've been here I haven't seen that but it should be compartment but I would say that maybe they haven't done it because there was this committee that was put together per the charter that they were supposed to be doing it and now that we take them now that we take
1:00:12them out of it they can come back and do the job that they're supposed to do so there is a committee that exists as a result of this Charter who sits on that well that's what we were saying there I'm not quite sure it was former former account for a package performance whatever okay um I can't recall whether he was on it or not uh I wasn't out
1:00:42um I was a booster then I was from Brad I believe maybe not I don't know work today her name may have changed since the the person I I know for a fact that former Council appointment Casey awesome witness for my old one and I know for a fact that pretty quick mama and the City attorney is not supposed to be on it I don't know I don't know about
1:01:18the City attorney yeah I'm not going to speak to them Mr Venice all they did was go let's go 2015. they updated to 2020 or whatever it didn't change any ordinances they didn't really they just changed the date when they were referring to the Charter scanned a whole
1:01:59child they brought the data from the old child and put it in they didn't bother students uh seeing if any ordinances conflicted with it like let's say there's an ordinance in a city that says a city employee can't run for office right they would have to change that ordinance so what's what the ordinance can do right I think that's a great question honestly that's like yeah we did we did but I get it I just
1:02:33couldn't figure out yet but dates I mean just can't the city clerk just go in there and change the dates if it's already scanned in I mean if it came to dates and it's not substitute that's a terrible thing right I think that's a very important right because I do I do forget this right now because because I love him yeah all right we have uh we have reached the
1:03:07end of this I wanted to ask the committee and the public that next week's agenda will we're not meeting us no it's the following we're meeting next week next week is May 22nd we are meeting in the hearing room and if any Committee Member or members of the public would like to revisit a section to discuss it um they can email me and we didn't discuss if there is something anybody um
1:03:47just email me or the clerk or the committee send me a letter a text message and I need it by uh today is Monday if I don't have it by Wednesday it's not going to make it in the agenda by Thursday because I send the agendas in early yeah right I do I am very good so if I don't have it by Wednesday night it won't be in the agenda Thursday so I know 605