Click to read text of Articles 29 and 30 and post comments.
NOTE: Articles 29 and 30, as printed in the official warrant, include bold text and strike-out text that cannot be copied and pasted into a discussion template. See full text of Articles 29 and 30 at: https://www.winchester.us/DocumentCenter/View/10460/2023-Fall-Town-Meeting-Motion-Book.
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ARTICLE 29. To see if the Town will vote to amend Chapter 2 (Town Meetings) of the Town of Winchester Code of By-Laws by amending Section 4.1, as follows; or take any other action in relation thereto: [Article 29, as printed in the official warrant, includes bold text and strike-out text that cannot be copied and pasted into a discussion template. See full text of Article 29 at: https://www.winchester.us/DocumentCenter/View/10460/2023-Fall-Town-Meeting-Motion-Book.]
MOTION:
MOVED AND SECONDED that Section 4.1 of Chapter 2 of the Town of Winchester Code of By-Laws shall be amended as follows: [Article 29, as printed in the official warrant, includes bold text and strike-out text that cannot be copied and pasted into a discussion template. See full text of Article 29 at: https://www.winchester.us/DocumentCenter/View/10460/2023-Fall-Town-Meeting-Motion-Book.]
BACKGROUND:
There has recently been debate about Winchester’s appointment processes to the Town’s Finance Committee. The current mechanism for selecting members, a three-member appointing authority comprised of the Moderator, Select Board Chair, and Finance Committee Chair, is out of step with a majority of Massachusetts communities, and the language governing Winchester’s appointment process also suffers from a lack of specificity around process. The Commonwealth’s Association of Town Finance Committees provides data in its handbook on how Finance Committees across Massachusetts operate, freely available at the following URL:
https://www.montereyma.gov/sites/g/files/vyhlif3496/f/uploads/fin_comm_handbook2021.pdf
Finance Committee supports the work of, and reports to, Town Meeting, Winchester’s “legislative branch” (not to the executive, currently represented in the selection process by the Select Board Chair). As a constituent body of Town Meeting, Finance Committee should equitably represent all precincts in an independent, balanced manner not influenced by sitting members of Finance Committee. (With the current language, there is no prohibition against the Finance Committee’s Chair voting on their own reappointment to the committee.) These amendments balance membership across precincts and place appointments in the hands of elected Town Meeting Members and their elected Moderator.
Most commonly, town meetings in Massachusetts are supported in their work by 9, 7, or 5 member Finance Committees. Recent challenges in filling time-consuming volunteer positions by a representative cross-section of Winchester voters suggest that an eleven-member Finance Committee will empower more efficient and targeted work, while bringing Winchester more in line with other Massachusetts communities.
Finally, these changes enshrine the importance of full transparency, and the highest standard of ethics and independence. In the absence of an external financial auditor, active intervention in shaping the Town’s budget is hugely impactful to the perception that Winchester is conducting business and meeting residents’ needs without favoring any groups or types of expenditure. Open meetings with enhanced options for participation, recording, and record-keeping will allow Town Meeting Members, at every turn, to access readily-available public information, thereby guiding their decision-making. Please note: an amendment to language originally contained in the warrant has been made at the suggestion of Town Counsel. The revised language (in blue) adds specificity by referencing the Commonwealth of Massachusetts’s Conflict of Interest statute and any future amendments or alterations. All Finance Committee members in the state are required to comply with this law’s provisions.
Budgeting is at the heart of what Town Meeting does. A cross-section of Winchester residents, from all walks of life, come together to engage in this historic and unique form of governance, supported by the Finance Committee’s work. Together, we make big decisions with real impact on our neighbors’ lives. Article 29 aims to create a “next-generation” Finance Committee for the coming years in Winchester. Informed by principles of good governance and transparency, the changes in this Article will better allow Winchester’s Finance Committee to harness the community’s depth and breadth of experience in service of building and passing a community-based budget at Town Meeting that responds to residents’ needs and priorities.
Majority Vote Required
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ARTICLE 30. To see if the Town will vote to amend Chapter 2 (Town Meetings) of the Town of Winchester Code of Bylaws by revising Section 4 as follows (added text in bold Italics); or take any other action in relation thereto: [Article 30, as printed in the official warrant, includes bold text and strike-out text that cannot be copied and pasted into a discussion template. See full text of Article 30 at: https://www.winchester.us/DocumentCenter/View/10460/2023-Fall-Town-Meeting-Motion-Book.]
MOVED AND SECONDED that the town approve Article 30 as printed in the Warrant.
BACKGROUND:
AN ACT RELATIVE TO PRESERVING THE INTEGRITY AND INDEPENDENCE OF FINANCE COMMITTEE
This bylaw would establish a clear practice by which reappointments to the finance committee are made. Currently, there is no formal process for reappointments.
This article seeks to preserve the integrity and independence of the finance committee and protect the body from political influence. For the finance committee to realize its potential as a critical function of town governance, it must be allowed to provide independent analysis and advice on financial matters and town government operations.
Section 4.1.5 of the Town of Winchester Code of Bylaws directs the finance committee to “each and every year receive and review the proposed budget submitted by the town manager.” In addition, it directs finance committee to “prepare a written report, stating the committee’s recommendations and its reasons therefor, pertaining to all warrant articles which involve the expenditure of town funds. It may also, at its discretion, report on any article in the warrant.”
At times, the finance committee may disagree with the select board, the school committee, the town manager or any other town official or stakeholder and that difference of opinion ought to be heard by members of Town Meeting. Finance committee members should not feel any pressure to go along with the wishes of any town officials, employees, or committees for fear of not being reappointed and this bylaw, as revised, can put guardrails in place to protect their objectivity and shield them from retribution. Healthy debate and dialogue takes place during town meeting but this is not part of finance committee’s role. Finance Committee has a responsibility to provide honest analysis of how the town expends its resources and which options are available to support major investments. It is not charged with opining on policy, only informing Town Meeting of the costs and financial analysis. For these reasons, it is critical that they remain an independent body that serves Town Meeting.
This proposal promotes transparency, good government practice and a consistent process for the appointment and reappointment of finance committee members where none currently exists.
Majority Vote Required
Comments
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What it the problem that these articles are trying to fix? What is the evidence of the problem? What is the impact of the problem?
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I agree Roger, I was confused as well. After making a few inquiries, it's evident there is a difference in opinion about the Finance Committee Appointment's process. It mainly surrounds the distinction between reappointments and new appointments. Article 29 seems to be a full rework of the way to go about it with lots of process, a requirement for each precinct to put up least 1 candidate, there can be no more than 2 folks from each precinct, an reduction in FC's size, etc. Article 30 seems much clearer and straightforward to the heart of the matter. I'm attaching a link to the Wincam On Demand site, which houses a video of the Sept 6th Finance Committee Appointments Committee which will help with the background. After you launch the link, type "Finance Committee Appointments Committee" in the search bar in the top right, hit enter and scroll down to the Winchester Finance Committee Appointing Committee 9-6-2023 video.
https://wincam.org/programs/ondemand/ and search for Finance Committee Appointments Committee
You'll only need to watch the first 20 minutes.
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Some additional background on article 30
Select Board meeting on Finance Committee appointment process 7/31/2023
https://www.youtube.com/watch?v=Cmvg2QBGVuA&t=624s
time stamp 31:20
The Select Board packet for the 7/31/2023 can be found here: https://winchester.us/AgendaCenter/ViewFile/Agenda/_07312023-5030?html=true
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The FinCom should operate with integrity and independence, but the wording of the motion proposed under Article 30 opens up the possibility of creating a self-perpetuating committee that is not accountable to Town Meeting.
The current Town Bylaws specify that FinCom members be appointed to three-year terms, but the Bylaws are silent on reappointments and whether members may serve multiple terms. There are no term limits.
Article 30 would give control of reappointments to a majority of current FinCom members. This creates the possibility that a majority of FinCom members might choose to reappoint only those who share their outlook on financial and related town matters. This could create a self-perpetuating committee that would be independent, but not necessarily well constituted to provide balanced recommendations to Town Meeting.
This consideration alone suggests that Article 30 is not an improvement over the current appointments process.
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Here is an interesting study, conducted by the Town of Wayland, concerning how Fin Com members are appointed. May provide some helpful context.
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Currently all members are appointed by a committee of the Chair of the Select Board, The Chair of the Finance Committee, and the Moderator.
Article 29 proposes an 11 member FinCom, 8 members appointed by the 8 Town Meeting Precinct Delegations (one for each precinct), and 3 appointed by the Moderator.
Article 30 proposes keeping a 15 member FinCom, keeping the existing appointing authority, but changing the reappointing authority to be the Chair of the Finance Committee, The past-Chair of the Finance Committee, and the Moderator.
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Let's not reinvent the wheel. Why not revise the current Town Bylaws to include a detailed policy on the reappointment process?
Article 30 solves no problems and has the potential to create total chaos.
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Of note, the moderator appoints all finance committee members in a majority of towns. Given that finance committee reports to town meeting, that structure makes some sense.
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Appointments and re-appointments are the same thing. They should be handled in the same way. Article 30 would allow a sitting member of FinCom to use a new and separate path to appointment. It smacks of unwarranted favoritism. One appointment process is fairer than two.
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There's clearly a difference of opinion of what ultimately needs to be solved/fixed/corrected/updated here. Hashing this out in front of TM seems unproductive. I would advocate calling a time-out, getting a study group together involving appropriate stakeholders and bringing a more informed proposal at a later TM as a better path.
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Hi fellow Town Meeting Members Association members,
As the author of Article 30 my intent is to provide a process for reappointments. I do not claim to have all the answers and there are lots of smart people in our Town Meeting who I am willing to listen to and discuss this issue with. However, I do believe that having a process in place can prevent disagreements and keep the wheels of town government rolling. The initial interview/application process remains the same so, all new applicants are vetted and approved by the same committee. This simply tries to put guardrails in place for those who wish to continue their service and gives them the first option before bringing in new members.
A study group is a reasonable path forward as well.
Personally, I would prefer to discuss in person or by phone. In my opinion/preference, posting messages like this is not necessarily conducive to working together and finding common ground, which is why I wanted to become part of town meeting. Please reach out using the contact info below if you would like to discuss.
Email: steve@sboks.com
Mobile number: 617-835-6394
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I went through Article 29 and created the attached summary of the proposed changes and thought I would share with this group. I did my best tracking the proposed changes but please let me know if I missed something.
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Steve, Article 29 has been revised and so your summary references language that is no longer in the proposed article. See attached. Also as one of the "changes" you state
But this is already allowed so the proposed Article 29 isn't changing anything. There are other issues with your summary but I know you said you didn't feel this was the best forum for debate and it's going to get confusing if I start listing so I will stop there and suggest that people just read the proposed language.
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Could we make short work of both these articles by rejecting them both?
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Debate on these articles may end up being long and challenging. However, I'd urge everyone to buckle down and not try to sweep this under the rug, reject both immediately, or send the issue to a study committee without allowing at least some of that debate to take place. The Finance Committee serves Town Meeting. There are clearly concerns and differences in opinion regarding both how the Finance Committee is appointed as well as how it executes its charter. I know that I have had countless conversations with dozens of Town Meeting Members over the past few years regarding the role of the Finance Committee and its relationship to Town Meeting. We owe it to ourselves and to the town to facilitate open debate on the floor of Town Meeting so that we can talk through these varied opinions and see where consensus might exist on how things should or should not change from current state.
Sometimes the work of Town Meeting is hard, and we have to be willing to do the work together when it is.
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Thanks Tim,
I heard there was a revised proposal after putting this together. Yes, FinCom members can already also be on TM.
I will review the new document, thanks!
Would be happy to discuss 29 and 30.
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My bad, thanks Maura.
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Steve, have there been any changes or updates to the language of your article? Thanks, Brian
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While the following isn't directly connected to Articles 29 and 30, it does speak to the need to "review the roles and requirements of each party in the capital process."
Quoting from the Town Manager's Report to 2023 Fall Town Meeting.
"As Town Manager, it is my highest priority, working in concert with Town staff, the Select Board, Capital Planning Committee, and Finance Committee, to find ways to address this short-term capital funding crisis and to develop a sustainable, long-term strategy to support our capital needs that also takes into account our future operating needs. It also makes sense at this juncture to review the roles and requirements of each party in the capital process as it relates the Town Charter and bylaws, and the de facto practices that have evolved over the past several decades. This is particularly important as the Select Board and Town Meeting consider the potential future adoption of the Community Preservation Act (CPA), which will require its own long-term planning process."
https://winchester.us/DocumentCenter/View/10462/Town-Manager-Letter-to-Town-Meeting
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This is an important idea beyond just capital. If we have drifted away from the charter and bylaws we need to decide whether to realign with the original processes or remain with where we are now and re-codify current practice. For example, a bylaws state "The finance committee shall, in addition, prepare a written report, stating the committee’s recommendations and its reasons therefor, pertaining to all warrant articles which involve the expenditure of town funds. It may also, at its discretion, report on any article in the warrant." Since no written report is submitted on warrant articles, either one is not needed and we should rewrite the bylaw or we should return to a written report on all warrant articles involving financial matters.
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The fundamental concept of the Charter is that Town Meeting (advised by Finance Committee) should be looking at the total expenditures, both capital and operating, across all departments and funding sources including fees, originating from the Town Manager but subject to the specific review and recommendations of Finance Committee. In concept the work of the Capital Committee is an input to the Town Managers budget.
Taxes are the funding source for most expenditures. Town Meeting has been limited by State Statute, since 1980, in how fast they can the grow total expense funded by property tax levy without a specific majority vote of the voters. Such override votes however, can only be called by the Select Board.
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Hi Brian and others,
No changes to Article 30.
See you all tonight.
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As the town strives to address the delivery of quality services and the maintenance of our capital infrastructure (buildings, equipment, playgrounds, etc) along with operating budget in a time of high and rising construction costs, the development of long-range financial plans is challenging. The stress of these challenges is part of what is causing stress within town government -- our Select Board, Capital Planning Committee, Finance Committee and Town Meeting all have roles to play in this process, as well as School Committee, EFBC. The Finance Committee has the challenge of advising town meeting on financial matters. I think of them as watchdogs of our tax dollars, not an easy role, but an important one.
I'm not sure if the appointment/reappointment process is broken relative to Finance Committee, or it is these larger forces at play. It's my suspicion it is the latter, not the former, but it is my hope that now that Town Meeting has referred the matter of Finance Committee appointments/reappointments to the the Decennial Committee, they will be able to hold meaningful hearings on this and we will all learn more about how to address the current challenges with the process.
The Town Clerk reminded us that according to WInchester's Code of Bylaws (section 4.3.3 https://ecode360.com/42151502), "The committee on government regulations...shall be responsible for the decennial review of the bylaws and for the review of proposed changes in the charter." For anyone who is reading this and is not a Town Meeting member, the Committee On Government Regulations is a standing committee, made up of 8 town meeting member representatives, one from each of our 8 Precincts.
I appreciated the debate, even with its bumps (!), and look forward to this planning process moving forward and Town Meeting members playing an active role in that conversation.
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If Finance Committee members are as you say the financial watchdogs for the town, remember the question posed by the Roman poet Juvenal, "Quis custodiet ipsos custodes?" "Who watches the watchdogs?"
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@Brian Vernaglia-4 That's a fair question, and one (among others) that is implicit in the discussion we will have as Town Meeting contemplates the Fin Com appointment/reappointment process. (And, thank you for the translation, for those of us who don't speak Latin or recite Roman poetry.)
