Wix.com charteryes created by chkelleher based on Hi Tech Consultancy

Charter Yes!Support Newburyport's Future

OUR CAUSE

THE BALLOT QUESTION

MAJORITY REPORT

FULL CHARTER REPORT

HISTORY

WHY NO RECALL?

hp-nbpt-city-hall-dm.jpg

images (2).jpeg

Newburyport_Clippers.png

images.jpeg

hp-nbpt-city-hall.jpg

750_Newburyport.jpg

newburyport.gif

OUR CAUSE

Our Cause

Your YES Vote on Newburyport’s Charter Will Modernize Newburyport’s Government.

Newburyport’s charter dates back to 1851. It was last reviewed in 1919. No major changes have been made since then. But our city has changed significantly. Support the new charter that will be on the city ballot November 8!

• 4-Year Mayoral Term (beginning with 2013 election)

• Encourage stronger mayoral candidates & professionalism

• Strong Checks & Balances

• Strong Oversight of Financial & Personnel Issues

• Required Long-Term Capital Planning

• Required Periodic Review of Charter – According to Will of the Voters

We have had 6 different mayors in the last 13 years! There is a better way to run a 21st century city with a $54 million budget.

THE BALLOT QUESTION

The following summary will appear on the November 8th ballot. Voters will be asked to vote 'Yes' or 'No' on the following.

Effective with the 2013 municipal elections, voters will continue to elect an 11 member city council, with 6 ward members and 5 members elected at-large. All members will continue to be elected for 2-year terms. Voters will continue to elect a mayor as the city's chief executive officer but for a 4-year term rather than the current 2-year term The school committee will continue as a 7-member body consisting of 6 members elected at-large and the mayor serving as the 7th member. All members will continue to be elected for 4-year terms. Elected officials convicted of a felony will be barred from holding any elective or appointed office in the city. Members of the council and school committee will be prohibited from any other city commision. There is a provision requiring public comment at city council meetings and for holding public hearings on the annual budget. There are provisions for long-term financial planning and the establishment of centralized finance and human resource functions. Financial documents will be readily available to the public through city and school websites. Free petition, initiative petition and referendum are included allowing for diect voter participation. The charter will be reviewed every 10 years and the ordinances will be reviewed every 5 years.

MAJORITY REPORT

Majority Report of the Newburyport Charter Comm.

NEWBURYPORT CHARTER COMMISSION MAJORITY REPORTTO THE VOTERS OF NEWBURYPORT:Introduction and ProcessThe City of Newburyport’s first charter was adopted in 1851. It was last substantially modified in 1919 and has reflected the addition of a number of Special Acts since. On November 3, 2009, the voters of Newburyport created a Charter Commission under provisions of the Home Rule amendment to the Massachusetts constitution. The Newburyport Charter Commission has framed a new charter.The charge of this Commission is to examine all aspects local government in Newburyport and recommend any changes to the charter that the commission believes is in the best interest of Newburyport and our citizens. The intention of this charter is to promote effective governance in elected officials, appointed boards, commissions, committees and departments of the City of Newburyport. It has been developed in order to achieve open and transparent operation of our City’s departments, boards, councils, commissions, committees, and processes for legislative and executive function. It provides opportunity for public participation and ensures accountability to the citizens who grant the government its authority. The charter provides flexibility, endorses effective management in government along with continuous evaluation and improvement of those services. The charter promotes professionalism and creativity in our governance structure.The Commission conducted six public hearings during the process. Additionally, in an effort to better understand aspects of municipal government and city charters, the Commission initiated considerable activity with research, interviews and regular meetings of both the Commission and through no fewer than six subcommittees. Consequently, commissioners traveled to cities and towns to interview respective city leaders and officials, to gain primary information about how different forms of government operate, and examine and query the work of departments in terms of service delivery and the management of municipal assets.Research included the Commission’s 2010 community survey. Survey forms were included with the 2010 census mailing to 8,477 households in Newburyport. The survey yielded a response rate of 34.8%, and is reflective of the active and responsive citizenry that characterizes Newburyport. Through the work of highly motivated and dedicated students, whose compilation of the data was supervised by a doctoral level assistant dean, the Commission is confident in the results of the survey report that Northern Essex Community College prepared. We are grateful for their effort. It is notable that very few, if any, charter commissions have been able to conduct a similar survey, especially with the depth of quantitative and qualitative review. We are very grateful to the City Council and respect and appreciate their due diligence prior to approving funds for the Commission to hire a consultant. Through the John W. McCormack Graduate School of Policy and Global Studies, the University of Massachusetts Boston’s Edward J. Collins Jr. Center for Public Management, Mr. Stephen McGoldrick has been a valuable resource to the Commission. As our consultant, Mr. McGoldrick helped us by setting a template for our work, and then with an advisory presence for the process whereby the Commission deliberated the language within the ten articles that comprise the charter, and then voted to authorize changes to be included in the preliminary report. Ideas were varied, as each commissioner brought an open mind and individual perspectives to the discussion. Throughout this process, there has been a maximum of public information and access via public meetings, added public hearings, web site and web page, video taped meetings, timely minutes, public releases to the media, cable TV broadcast of meetings and public service announcements, local radio features, and the local distribution of the preliminary report, which went out with all Newburyport deliveries of the Daily News on March 4th, 2011. As has been a strength of this Commission, we have been present and available to listen, and have responded with the completion of our work by providing a final report that is understandable, clear and lends itself to public discussion. No matter what this Commission does or votes on, it is the voters who will decide whether or not the newly framed charter is accepted. The conclusion of the task is marked by a municipal vote on any proposed changes to the charter, on November 8, 2011.Proposed Charter Changes and DifferencesThe basic structure of city government would remain the same, with a mayor, an 11-member city council and a seven-member school committee. All three, however, would see changes under the proposed charter, as well as other modifications to municipal administration.City CouncilThe legislative body of the city would continue to be an 11-member City Council, with six members representing each of the city’s wards and five members elected at-large. Each councilor’s term of office will continue to be two years. Councilors may no longer hold any other city position, paid or unpaid, while serving on the City Council or within one year thereafter. Any increases in council salary must be by a two-thirds vote of the members and may not take effect until the next term of office.Mayoral appointments submitted to the council would take effect automatically within 45 days, unless the council approves or rejects them earlier. There is currently no deadline for council confirmation of appointments.To maintain separation of powers, the charter contains a prohibition on councilors performing any executive function or giving orders or direction to any city employee, publicly or privately. Such authority would rest solely with the mayor, who likewise would be prohibited from exercising any legislative powers.Vacancies in any at-large councilor seat at any time during the term would be filled by a majority vote of the council, as is done now. If a ward councilor seat is vacated within the first 18 months of the term, a special election will be held to fill it, which is also current practice. The only new provision would allow the council to fill any ward vacancies in the last six months by a majority vote of that body; such a vacancy is currently left unfilled for the remaining months of a term.MayorThe mayor would continue as the chief executive officer of the city, responsible for the management of city departments and the administration of ordinances and the charter. The mayor would be elected to a term of four years, an increase from the current two. The salary of the mayor would be set at a minimum of $98,000 annually and is subject to any further change by the council. Any increase in the mayor’s salary must be by a two-thirds vote of the council and cannot take effect in the same calendar year as the vote or within 6 months of the vote, whichever is longer.The Mayor would be required to devote full time to the position and be prohibited from holding any other paid employment or city office. The mayor’s powers to discharge department heads would be enhanced. The mayor would be able to suspend or terminate department heads and city officers by sending them notification of the action. No approval of the action by the City Council is necessary, which is a change from current procedure for department heads. Suspensions or terminations of subordinate city employees by department heads may be reviewed by the mayor upon request of the employee, but the mayor’s decision is final. The mayor may also make temporary appointments to city offices, usually for not more than 90 days.The mayor would be able to remove members of city boards, but only with the approval of the city council, as is allowed under the current charter.The mayor shall send regular communications to the council regarding city affairs and deliver a state of the city message at least once a year. The Mayor would be able to attend and take part in discussions at any meetings of city boards, including executive sessions, but would not be able to take part in any motions or votes. The mayor would have the specific right to attend city council meetings and address the council on any topic.In case of the temporary absence or disability of the mayor, the council president would become acting mayor.Mayoral vacancies: If a mayor left office during the first three years of the term, the council would call a special city election to fill the seat. If the vacancy occurred in the last year, the council president would become mayor or, if the council president were unable or unwilling to become mayor, the council would elect one of its members to serve out the remaining months of the term.School CommitteeThe School Committee would continue to be composed of seven members: six elected at-large and the mayor, who would continue to serve as chair. The six elected members would continue to serve staggered four-year terms, with three elected at each city election and the other three elected two years laterThe committee would continue to have the powers granted to it by state law, including appointing a superintendent.School committee members may not hold a position of paid employment with the school department while they are serving on the school committee or within one year of leaving the committee. An added provision prohibits committee members from giving orders or direction to any school employee, publicly or privately.A vacancy on the school committee would be filled the same way it is now: the mayor, city council and the remaining members of the committee will meet in a special meeting and elect a replacement by majority vote. The person chosen would serve the remainder of the term. If the vacancy occurs within the first 18 months of the term, the person so chosen shall serve only until the next city election when the member may run for the remaining 2 years of the term. Administrative/PersonnelChanges in the structure of city departments could occur only through the filing of an administrative code by the mayor with the city council. The code would take effect after 60 days, unless the council votes to approve or reject it during this time. The council may not amend any such submission.The first administrative code filed by the mayor is to include two new city departments: A Finance Department to oversee functions of the auditor, treasurer, assessor and purchasing. Finance Director would be appointed to a term of three years, subject to council confirmation. The finance director may also serve as auditor or treasurer, but not both. The positions of auditor & treasurer currently exist and the charter does not require the hiring of additional personnel.  A Human Resources Department, with a director appointed to a three-year term, subject to council confirmation. The department would develop and implement city personnel policies. The position of human resources coordinator currently exists and the charter does not require the hiring of additional personnel. Hiring for all city positions shall be based on the basis of merit and fitness demonstrated by education, training, performance or some other evidence of competence and suitability.Budget and Capital PlanningThe annual budget planning process will start with a joint meeting of the mayor, city council and school committee to review relevant financial information and forecasts.The mayor must submit the proposed annual budget to the council by May 15. The school budget would be submitted to mayor at least 10 days before that.The council would hold a public hearing on the budget and must act on it within 45 days of its submission. The council may reduce or delete any line items, but it could not add to any line item. The budget would take effect at the start of the fiscal year on July 1.The city budget would be posted on the city website immediately after submission by the mayor. The school budget shall be posted on the school department website immediately after its submission to the mayor. After their enactment, both budgets would remain online at least throughout the entire fiscal year to which they apply.The mayor would submit a capital improvement plan to the council by April 1 of each year. The plan shall include a five-year projection of capital improvements, schedules and cost and financing estimates. After a public hearing, the council would vote to adopt the plan, but any item added through amendment must include a proposed method of financing the item.The capital improvement plan would be posted on the city website immediately after submission by the mayor and remain online at least throughout the entire fiscal year to which it applies.Elections/PetitionsThe number of wards in the city would remain at six. Ward and precinct lines would be subject to change due to redistricting every 10 years, as is done now under state law.The charter would retain the current schedule of city elections occurring on the first Tuesday after the first Monday in November of each odd-numbered year. Voters would elect the entire city council, three members of the school committee, and, once every four years, a mayor. A preliminary election, if necessary, would be held on the third Tuesday of the preceding September.The certified number of voters signatures required to get on the ballot for any office would remain at 50.Candidates’ position on the ballot for both the preliminary and final elections would be determined by a drawing by the city clerk. Ballot position by drawing is currently only done for the preliminary election.Citizens would be able to petition the Council or School Committee to hold a hearing and put an item on its agenda by filing signatures of at least 100 voters. They may also petition the council or school committee to pass a specified measure by filing signatures of at least 10 percent of city voters. If the applicable body does not approve the measure within 30 days, proponents may place it on the ballot by gathering signatures of another 5 percent of voters within 60 days. Citizens may also initiate a referendum to reverse a vote of the council or school committee by filing a petition of at least 12 percent of voters within 21 days of the measure’s passage by the applicable body. If the applicable body does not reverse its vote, the council must place the question on the city ballot. For either a citizen petition or referendum to be approved at the polls, it must receive a majority vote at an election at which at least 30 percent of the city’s voters go to the polls.Various items would not be subject to referendum, including the city budget, personnel appointments, and labor contracts. Other FeaturesAll city boards (“multiple member bodies” under the charter) would operate under consistent rules of procedure, such as keeping minutes and records on file at the city clerk’s office and the public library. Such bodies would be required to adopt rules of procedure and keep them on file at City Hall.A mayor, city councilor or school committee member leaving office would not be able to assume a paid city position for at least one year.A mayor, councilor or school committee member who is convicted of a felony involving misconduct in any public position would be automatically removed and barred from holding any elected or appointed office in the city.If approved by voters in November 2011, the new charter would go into effect after the 2013 city election. The mayor chosen in that election would serve the first four-year term, starting in January 2014. Elected city officials would continue to be sworn into office on the first Monday of January after each city election, but the inauguration would be moved to the next day in case that day falls on a holiday.The charter would be reviewed for possible updates and revisions at least every 10 years, in years ending in 9, starting in 2019. The city code of ordinances would be reviewed and codified every five years, in years ending in 5. The members of the Charter Commission are honored to have served you over the past eighteen months. We extend our sincere appreciation to all those who participated during the process from gathering signatures to providing comment at a hearing or meeting. Respectfully,Steven P. Cole, Chair; Kathleen E. Bailey, Vice Chair; Sheila Mullins, Clerk; Paul Bevilacqua; Roger Gagnon; Hugh KelleherSheila A. Mullins, ClerkPaul M. B

FULL CHARTER REPORT

Click Icon Below To Read The Full Report

charter_final_report_5-11.pdf

HISTORY

Click HERE For More Information On The History And Members Of The Charter Commission

WHY NO RECALL?

The nine members of the Charter Commission debated long and hard over the question of recall.In the end, a solid majority concluded that problems with recall outweighed any potential advantages.Here are some of the reasons that a recall provision is not included in the new Charter.- Under state law, a recall can occur for any reason. For example, if somone is unhappy with a zoning decision, he can institute a recall petition. This is exactly what happened recently in Chelmsford, where a rich resident, unhappy with a zoning decision that affected his property, spent $90,000 to unseat local leaders. That effort failed, but it caused an immense amount of bad feeling in the community.- Recalls are expensive. These "special elections" cost the taxpayers money. - Recalls are often bitter and divisive. They can hobble the serious activities that must be provided by city government.- There have been examples of communities around the country where a defeated mayoral candidate immediately begins working to recall the person who has just been elected. This causes enormous disruption in the community, and makes it difficult for the elected officials to begin developing their programs.- Even with a 4-year term, virtually every action the mayor wants to take must be done with the approval of the city council. The new charter has very strong checks and balances.- The new charter contains provisions that allow citiizens to bring about direct action through referenda questions and by direct action to the city council and school committee.- A mayor -- or any city official -- will be removed if convicted of a felony.IN SHORT: Newburyport has never had a recall provision in its charter. The potential ill consequences of recall led the commission to decide that it still remained a potentially troubling proposition. And keep in mind that if the citizens at some point decide they want this changed, the new charter calls for review every 10 years.

SUPPORT THE NEW CHARTER!

WE NEED YOUR YES VOTE for a modern Charter.

Efficiency – Transparency – Better Management & Stability

Vote YES on November 8.

This Website was created usingWix.com Start