Back to Board of Selectmen Meeting Minutes
February 17, 2011
7:02 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: Bruce Rabuffo, Chairman; John A. Riley; Laura M. Burns; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator.
Chairman Rabuffo called the meeting to order, reviewed the order of the agenda for the evening, and announced that at the end of the meeting the Board of Selectmen may adjourn to executive session to discuss pending litigation and not return to open session.
Appointments:
Labor Counsel: Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to appoint Kevin Feeley as labor counsel for the Town. There was no discussion or public comment. A vote was taken and all were in favor; the motion passed.
Liquor License: Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to amend the temporary liquor license granted to Hingham Youth Hockey c/o Ellie Lynch Pariseault to change the date from March 18 to April 1, 2011. There was no discussion or public comment. A vote was taken and all were in favor; the motion passed.
Resignations: Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to accept the resignations of Chief Taylor Mills and Deputy Chief Brad Durant. There was no discussion or public comment. A vote was taken and all were in favor; the motion passed.
Invitation to Attend Meeting of the Affordable Housing Trust: Ms. Burns invited Chairman Rabuffo and Mr. Riley to the meeting of the Hingham Affordable Housing Trust on Wednesday March 2nd at which the Trustees will present to the community the currently proposed development plans for 80 Beal Street. Discussion followed regarding the Trustees' intention to demolish the existing structure in favor of new construction. Chairman Rabuffo stated that he will be unable to attend the meeting as he will be out of town.
Discussion of 2011 Warrant Articles VV, XX, YY and ZZ: The Board inquired as to the placement of Articles VV, XX, YY and ZZ before them for consideration. Mr. Alexiades explained that these Articles are straightforward and noted that the Board is not obligated to take a position on every single article. He reviewed past practices and proceeded to explain the Articles presented.
ARTICLE VV. Will the Town authorize the Board of Selectmen for minimum consideration of $1.00 and on such terms as it deems in the best interests of the Town, to enter into a long-term lease of approximately a two acre parcel at the Hingham Transfer Station/Landfill Property for the purpose of constructing and operating a solar array on the top of the Town's capped landfill, or act on anything relating thereto? (Inserted at the request of the Board of Selectmen)
ARTICLE XX. Will the Town, in accordance with the Hingham Affordable Housing Trust (HAHT) By-Law, adopted by vote under Article 21 at the 2007 Annual Town Meeting, approve an allocation plan for any funds to be appropriated to the HAHT in FY 2011 and FY 2012; such allocation plan may include, without limitation, the following provisions:
(a) purpose-restricted funds which come to the HAHT in FY 2011or FY 2012 for designated purposes via Town Meeting appropriation shall be allocated according to those purposes;
(b) funds allocated by a previous Town Meeting shall continue to be allocated according to the plan approved at that Town Meeting, or act on anything related thereto? (Inserted at the request of the Affordable Housing Trust)
ARTICLE YY. Will the Town authorize the Board of Selectmen for minimum consideration of $1.00 and on such terms as it deems in the best interests of the Town to grant an easement to Perry South Shore Development, LLC, in order for said company to create and landscape a slope in conjunction with the redesigned intersection at Pond Park Road and Derby Street, necessary to support a retaining wall located on the property located at Two Pond Park Road, or act on anything relating thereto? (Inserted at the request of Jeffrey Tocchio and others)
ARTICLE ZZ. Will the Town accept sections 27 and 28 of Chapter 131 of the Acts and Resolves of 2010 for the purpose of establishing the supplemental annual retirement allowance for certain survivors of disabled retirees at $9,000 pursuant to Chapter 32, section 101 of the General Laws, or take any other action relating thereto? (Inserted at the request of the Hingham Contributory Retirement Board)
Discussion followed. Voted – A motion was made by Ms. Burns to recommend favorable action on Articles VV, XX, YY and ZZ. Mr. Riley requested to clarify that the easement referenced in Article YY is a slope easement. Mr. Riley seconded the motion, with the amendment to reflect that the easement in Article YY is a slope easement. A vote was taken on the motion as amended and all were in favor; the motion passed.
The meeting recessed at 7:15 PM and reconvened at 7:20 PM in the South Hearing Room 3rd Floor, Hingham Town Hall, where the Board of Selectmen joined the meeting of the Advisory Committee which was in progress.
Article N: The Advisory Committee began discussion regarding Article N and the proposed Meals Tax Stabilization Fund. Committee Member Dennis Friedman reviewed the background of the Meals Tax, the prior action of the Board of Selectmen, and the Committee's recommended motion discussed prior to the Board joining the meeting. Mr. Friedman proposed alternative language for recommendation. Ms. Burns was in favor of keeping the original language, not using the fund for operating expenses, having meals tax dollars substitute for property tax dollars, and using the fund for buying down capital overrides. Chairman Rabuffo was in favor of the broader language proposed by Mr. Friedman, emphasizing that monies can be put in for any reason, and that what matters most is there will have to be a vote for monies to be transferred out and the use of those monies will be addressed at that time. Mr. Riley opined as to the benefits of both versions. Discussion followed.
Voted – A motion was made by Mr. Riley and seconded by Chairman Rabuffo to support the revised recommended motion as recommended by Advisory. Discussion followed. Mr. Alexiades commented regarding the original and revised wording. A vote was taken, showing Chairman Rabuffo and Mr. Riley in favor, with Ms. Burns opposed; the motion passed. The Advisory Committee voted on and passed the revised wording. Mr. Bob Falvey provided public comment regarding the Article.
Discussion of 2011 Warrant Articles MM, NN, OO, PP, QQ, RR, SS, and TT:
ARTICLE MM. Will the Town of Hingham amend the Moderator's Message on Town Meeting Procedures (as reflected in the Warrant for the Annual Town Meeting) by deleting the first four (4) paragraphs and replacing them with the following:
Procedures employed at the Annual Town Meeting shall be made consistent with Federal Constitutional Mandates. The First Amendment guarantees the Right to Free Speech. A warrant article represents the will of not less than ten registered voters to petition the governing authority for redress and must be accorded a full and fair hearing.
• When an article is presented to the Town Meeting the petitioner or his designee shall be initially recognized by the Moderator to address the meeting.
• At the completion of the petitioner's statement, a member of the Advisory Committee shall be recognized by the Moderator to address the meeting.
• At the completion of the Committee's statement, the Moderator shall recognize the voters who wish to address the meeting. All proposed motions will be recorded and taken under advisement.
• Once the discussion on the article has ended, the Moderator shall recognize the petitioner or his designee for a reply statement.
• Once the reply has ended, the Moderator shall call for an immediate vote on the warrant article. If the warrant article has not been approved by the required number of votes, the Moderator shall call for a vote on each of the motions heretofore recorded and taken under advisement in their order of presentment, except where priority has been established under Article 3 Section 9 of the Town By-laws which must be recognized as controlling.
(Inserted at the request of Bernard Manning and others)
Mr. Bernard Manning addressed the Board and Committee and requested that the members of the Committee recuse themselves from voting on this Article to avoid a conflict of interest. Ms. Foley stated that Town Counsel advised that the Committee is required by law to give an opinion on every article. Discussion followed regarding the Committee's lack of a financial interest necessary to create a conflict of interest. The Committee voted to recuse themselves; the motion failed. Mr. Manning asked that his objection be noted in the record. Mr. Manning proceeded to explain the substance of the Article and the basis for his request. The Committee questioned Mr. Manning and explained the basis for its recommendation. Mr. Manning stated the impetus for his petition is that the procedure is faulty and unconstitutional. Discussion followed regarding there being full and fair debate, the Moderator's discretion over Town Meeting operation by statute, the ability to elect a different Town Moderator, and the absence of case law and any compelling reasons. There was no public comment.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burn to support the recommended motion of the Advisory Committee. A vote was taken and all were in favor; the motion passed. The Committee voted that no action be taken on this Article.
ARTICLE NN. Will the Town require the Board of Selectmen to take such action as may be required to offer for sale the Town owned golf course and to use the proceeds there from for the sole purpose of reducing residential property taxes. (Inserted at the request of Bernard Manning and others)
Mr. Bernard Manning addressed the Board and Committee and explained the substance of the Article and the basis for his request. Mr. Alexiades commented that there are no legal issues with respect to taking action. The Committee questioned Mr. Manning and explained the basis for its recommendation. Mr. Riley summarized the history of the Town's acquisition and the positive result of the asset to the Town's AAA bond rating. Ms. Burns favored no action on this Article. Chairman Rabuffo agreed, noting that previous management issues have been addressed and that the legalities to undertake the proposal would be daunting. Mr. Bob Falvey provided public comment in favor of the Town's acquisition and the ability of any party to have purchased the property at the time. Discussion continued. Mr. Alexiades reported on the purchase, funding, and statutory requirements. Attorney Kerry Ryan provided public comment regarding statutory requirements, the number of residents that use the club, and the community benefits provided by the club.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend no action on Article NN as written. A vote was taken and all were in favor; the motion passed. The Committee voted to recommend that no be taken on Article NN. Chairman Rabuffo stepped out of the meeting.
ARTICLE OO . Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939, as heretofore amended at Article 14, part 1 by deleting the following sections and replacing them with the following:
SECTION 1. There shall be an advisory committee which shall perform the following duties set forth in the following section of this article and be governed by the provisions thereof. Said committee shall consist of not more than fifteen registered voters of the Town who shall be elected by the voters of the Town as provided in the following section. No person holding an elective or appointive Town office shall be eligible to serve on said committee.
SECTION 2. Prior to the commencement of each fiscal year five members of said committee shall be elected by the voters of the Town of Hingham each to serve a term of three (3) years commencing on the first day of the fiscal year next following the election: provided however that any incumbent members whose term would otherwise expire at annual Town Meeting in accordance with the provisions which this section amends shall serve through June 30, of the year in which the term expires. The committee shall choose its officers and shall serve without pay, excepting, however, the secretary, whose compensation shall be fixed by the committee. The committee shall cause to be kept a true record of the proceedings.
SECTION 5. Whenever any vacancy shall occur in the committee or if any member is absent from five consecutive meetings of the committee for a cause other than illness the position shall be deemed vacant and the committee shall report such vacancy to the Town Clerk who shall notify the eligible candidate who received the highest number of votes in the most recent Town election but which number was insufficient to qualify him for membership on the committee. Any person named to fill a vacancy on the committee shall hold office for the unexpired term of the person whom he succeeds.
(Inserted at the request of Bernard Manning and others)
Mr. Bernard Manning commented that the prior Article was for the sale of golf course turf only and not the club. Mr. Manning explained the basis for the petition for Article OO, suggesting that a conflict of interest exists. The Committee voted to recuse themselves from the discussion; the motion failed. Mr. Manning requested that his objection be noted in the record. Chairman Rabuffo rejoined the meeting. The Committee questioned Mr. Manning and explained the basis for its recommendation. Discussion followed regarding the naming of the East School. Ms. Burns opined that it is very difficult to encourage people to run for an elected office, and changing to elected positions will result in a significant loss of a pool of talent. Mr. Riley opined that it is difficult to find people with adequate time, it becomes more political if members are elected, and the practice has been fair and balanced. Chairman Rabuffo opined on the values of an appointed committee, its existing independence, and his support for no action.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to support no action on Article OO. A vote was taken and all were in favor; the motion passed. Mr. Alexiades recounted his history at the Town, his experience with the Committee and the lack of ever receiving input from the Moderator following a member's appointment. Mr. Bob Falvey and Ms. Irma Lauter provided public comment in favor of appointments. The Committee voted to recommend no action.
ARTICLE PP. Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939 as heretofore amended by adding the following Article 5 or act on anything relating thereto?
Section 1, Purpose:
This by-law is enacted to establish a process by which the election of Town offices will be conducted to insure that all candidates are given equal exposure and an opportunity to inform the electorate of their qualifications, educational background and experience each has acquired. In addition, the candidate shall be given time to explain his views on the important issues that beset the Town.
Section 2, Definitions:
1. Advertising – All advertising by the candidate, his supporters, or a political committee organized on his behalf is prohibited. Advertising shall be interpreted in its broadest meaning. There shall be no resort to television, radio, newspapers, other forms of the media, computer enhancements, loud speakers, telephone solicitations electronic and paper transmissions, and the posting, exhibition, circulation or distribution of materials including posters, stickers, posters, handbills, placards, pictures, or circulars, campaign buttons and signage intended to influence the action of the voter shall all be forbidden.
The candidate may address the voters in person after timely notice of his appearance has been given by the local media. A candidate who violates the provisions of this section shall be disqualified from holding office.
2. Political Contributions – Since the ban on advertising eliminates the need for large sums of money demanded by the media, contributions to the candidate or his affiliates shall be limited to a nominal sum, not more than one hundred dollars. Only a natural person who is registered to vote and a Town resident may contribute to a candidate or his affiliate.
No contribution shall be made to a candidate or his affiliate. Each check must be delivered to the Office of the Town Clerk. The instrument shall be made payable to the Town of Hingham and reflect the name of the candidate and position sought in the memo line. Once said office verifies the identity of the donor and the instrument clears, one half of the designated amount will be credited to the candidate's account while the remainder will be retained by the Town Clerk to offset the operational expenses used in conducting the election. Donors will not be identified in order that the candidate will not learn the names of his financial supporters and be beholding thereto.
This system will eliminate the effects of undue influence and the appearance of a conflict of interest presently manifest in the elective process. Unless such heroic measures are undertaken, the prevailing view that all politicians are for sale and that the laws are enacted to favor the highest bidder will remain the demonstrable reality.
Section 3, Procedure:
The Town clerk shall attach a copy of Article 5 of the Town By-Laws to the nomination papers when requested by one seeking to be elected to a Town office. Once the candidate returns the properly executed nomination documents, the Town Clerk shall attach thereto a document prepared by the candidate briefly and truthfully reflecting his qualifications to hold office, his educational background, and his experience that relates to his ability to serve the Town in said capacity. Any misrepresentations regarding the foregoing information shall disqualify the candidate from holding office. The candidate shall also prepare and submit an additional document reflecting his opinion on the important issues facing the Town and his recommendations for their proper resolution. Each separate item set forth in this document shall not exceed one hundred words.
The Town Clerk shall incorporate the relevant information described in the foregoing paragraph prepared by each candidate into a single document which shall be annexed to the Warrant for the Annual Town Meeting sent to each residential customer in the Town. The Town Clerk shall also transmit a copy of the above described election documents to the local newspaper for publication not sooner than thirty days before the election date.
The Town Clerk, not more than thirty days before the election date will convene a public forum after reasonable notice has been given to the candidates who have complied with the forenamed requirements and timely notification has been given to the electorate of its occurrence. The Town Clerk will preside at this public forum. The qualified candidates will appear in separate panels determined by the office sought. Each will be given three minutes to address the assembly and after all have spoken; the members of the panel will be subject to questioning by the public for not more than thirty minutes unless the Town Clerk determines that an extension of time is necessary and proper.
Section 4, Implied Waiver:
Those candidates who return their nomination papers without the aforementioned documents shall be deemed to have waived their right to have said information incorporated and transmitted to the media and residential customers as aforesaid and shall not be permitted to participate as a candidate for office at the public forum and the provisions of Article 5 shall not apply to their candidacy or their campaign for Town office.
Section 5, Severability:
The invalidity of any section or provision of this Article shall not invalidate any other section or provision thereof.
(Inserted at the request of Bernard Manning)
Mr. Alexiades stated that the Town will be receiving a written opinion from Town Counsel that the Attorney General will rule the action illegal if the Article is passed. Mr. Bernard Manning addressed the Board and Committee and explained the basis for his request. The Committee explained to Mr. Manning the basis for its recommendation.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to recommend that no action be taken on Article PP as written. A vote was taken and all were in favor; the motion passed. There was no public comment. The Committee voted to recommend no action.
ARTICLE QQ. Will the Town amend the General By-laws of the Town of Hingham adopted March 13, 1939 as amended heretofore by adding the following Article 8 or act on anything related thereto?
ARTICLE 8 ALL COMMITTEE APPOINTMENTS SHALL BE APPROVED BY THE BOARD OF SELECTMEN
SECTION 1 Purpose:
Certain Town employees have been granted the unbridled discretion to name to Town Committees who have not been selected solely for the sagacity but for their adherence to the party line. The consequences of this allegiance predetermine the results of future committee deliberations. The authority to appoint is the power to control without accountability. Since the ultimate responsibility for all essential Town decisions rests with the Board of Selectmen, that body shall approve all committee appointments which members shall serve at the Board's pleasure.
SECTION 2 Definitions:
Town employees – "Municipal employees, a person performing services for or holding office, position, employment, or membership in a municipal agency (any department or office of a city or town with or without compensation on a full, regular, part time, intermittent, or consultant basis…" Mass. Gen. Laws ch. 268A sec. 1 (g).
SECTION 3 Procedure:
The Board of Selectmen shall approve all committee appointments which members shall serve at said Board's pleasure.
(Inserted at the request of Bernard Manning and others)
Mr. Alexiades stated there is no opinion from Town Counsel regarding this Article. Mr. Bernard Manning addressed the Board and Committee and explained the basis for his request. The Committee explained to Mr. Manning the basis for its recommendation and the presence of checks and balances. Chairman Rabuffo explained the appointment process from application to interview to input sought by the Moderator from the Board of Selectmen and opined that the system seems to work. Mr. Riley and Ms. Burns agreed regarding the presence of checks and balances. Ms. Burns does not want to see three people being able to appoint everyone.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend no action on Article QQ as written. A vote was taken and all were in favor; the motion passed. The Committee voted to recommend no action.
ARTICLE RR. Will the Town raise and appropriate or transfer from available sources a sum or sums of money sufficient for the design and engineering and installation of traffic lights and pedestrian signals at the intersection of Main (Rt. 228), Cushing and South Pleasant Streets which is located less than 500 feet from South Elementary School. Said site presently constitutes a hazard to all pedestrians and has the highest vehicular accident rate of any unregulated four way intersection in the Town as reflected by the Hingham Police Department's published, " A Yearly Comparison of High Accident Locations."(Inserted at the request of Bernard Manning and others)
Mr. Bernard Manning addressed the Board and Committee and explained the basis for his request. Mr. Friedman explained that he had not provided a recommended motion as of yet as he wanted to hear the Petitioner first. The Committee addressed Mr. Manning's claims and factual claims, and stated that they could not find any reason to disagree with the Traffic Study Committee's conclusions. Mr. Alexiades noted that Mr. Manning's quoted dollar figure to install a traffic light may be low. He also noted that the Town cannot use any state funding for five years. Mr. Paul Healey, Chairman of the Planning Board and member of the Traffic Study Committee, provided public comment regarding previously conducted traffic studies, the history behind the light at Main and High Streets, the prior conclusion that a light was not needed at Cushing and Main Streets, the restudy of traffic volume, the lack of accident severity, the lack of safety issues and concerns, the issue being more of a perceived delay, the potential costs and expenses involved, and the additional delay that would be caused by the addition of a light. Mr. Harold Goldstein, a member of the Traffic Committee, provided public comment regarding traffic counts at other locations in Town and recommend the proposal not die but that it be considered at some point in the future. Discussion followed. Mr. Jim Costello, a member of the Traffic Committee, provided public comment regarding the responsibility to consider the Town as a whole. Chairman Rabuffo noted that this issue has been back to the Board of Selectmen for its review. Mr. Riley reviewed the reconstruction of Route 228 and the number of hearings held as part of that process. Mr. Goldstein suggested considering financial contribution from future developers. Mr. Riley discussed the possibility of a future roundabout. Ms. Burns was satisfied with the report of the Traffic Committee and noted that while control may be needed at the intersection at some point, now is not the most appropriate time. Discussion followed. Mr. Healey discussed the process used for determining which intersections are problematic without a petition from a citizen.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend no action. A vote was taken and all were in favor; the motion passed. The Committee voted to recommend no action.
ARTICLE SS. Will the Town amend the General By-Laws of the Town of Hingham adopted March 13, 1939, as heretofore amended by adding the following Article 6 or act on anything related thereto?
ARTICLE 6 TERM LIMITS
SECTION 1 Purpose:
Term limits represents a priority if any meaningful reform is to occur in the electoral process. Interminable incumbencies have resulted in a system frozen in the past, anchored by the status quo, and totally resistant to any positive changes and the influx of new ideas. Members who have served together for years develop an affinity for congeniality and suppress reasonable dissent. Familiarity does not breed contempt, it perpetuates mediocrity.
Opponents will claim that this rule will not permit sufficient time for the newly elected official to learn the complexities of the position and properly conduct the affairs of the town. Notwithstanding the attraction of this objection, such "trauma" happens every time a new person is elected or whenever there is a succession in the office following the untimely departure of a predecessor. The allegation that there is insufficient time to learn the "trade" is repudiated by the presence of career civil servants able to assist and advise about all relevant matters of concern.
SECTION 2 Procedure:
No candidate for the office of Town Moderator, School Committee, or Board of Selectmen shall be elected to serve in said positions for a period of time longer than six consecutive years.
Candidates for the three enumerated positions do not require specialized knowledge, particular training, or great expertise to perform the duties of office. Their situation is unlike that of the Town Clerk who must possess superior administrative abilities, or the Town Treasurer who must demonstrate unique financial acumen, both of whom become more proficient in their calling over the passage of time.
The Moderator, in addition to presiding over Town Meetings, has been granted the unbridled discretion to name members to key town committees who have not been selected solely for their sagacity but for their adherence to the party line. The consequences of this allegiance predetermine the results of future committee decisions. The authority to appoint is the power to control sans accountability.
The members of the School Committee make financial decisions impacting two thirds of the yearly town budget and have an unchallenged influence on property tax rates.
The Board of Selectmen occupies the highest level of town governance. Their decisions should reflect the will of the majority and preserve the best interests of the town and not be beholding to pressure groups seeking special treatment. (Inserted at the request of Bernard Manning and others).
Mr. Alexiades noted that Town Counsel has stated that term limits are not within the authority of Town Meeting and that the passage of this Article would be illegal. Mr. Bernard Manning requested that the Board of Selectmen recuse themselves from the discussion. A motion was made by Ms. Burns and seconded by Mr. Riley not to recuse themselves from the discussion. A vote was taken and all were in favor; the motion passed. Mr. Manning requested that his objection be noted in the record. Mr. Manning explained the basis for his request. Chairman Rabuffo questioned Mr. Manning as to his assertions and choice of wording. Mr. Manning responded that he is not alleging any specific instances of improper conduct but instead is only seeking to take preventative measures. Discussion followed. Mr. Riley opined that many issues take a lot of time and continuity in office may be needed. Ms. Burns was not in favor of term limits, noting it would be disrespectful to the voting public, and reiterated the illegality of the proposal.
Voted – A motion was made Mr. Riley and seconded by Ms. Burns to recommend no action on Article SS as written. A vote was taken and all were in favor; the motion passed. The Committee voted in favor of the motion as written.
ARTICLE TT. Will the town amend the General By-laws of the Town of Hingham adopted March 13, 1939 as heretofore amended by adding the following Article 7 or act on anything related thereto?
ARTICLE 7 SCHOOL COMMITTEE MEMBER DISQUALIFICATIONS
SECTION 1 Purpose:
An irreconcilable conflict of interest exists when a member of the School Committee is the parent or guardian of a child attending a public school in the same system. The love and affection a parent has for his own flesh and blood is totally inconsistent with the ability to maintain objectivity when called upon to evaluate a matter that either directly or indirectly effects the education of that child.
Mass. General Laws ch. 268A sec. 23 entitled, Standards of Conduct, reflects that, "No current employee of a municipal agency shall knowingly or with reason to know (3) act in a manner which would cause a reasonable person having knowledge of the relevant circumstances to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties or that he is likely to act as a result of kinship (emphasis supplied), rank, position or undue influence of any party or person." The Supreme Judicial Court expanded upon this legislative command by holding that, "The conflict of interest law was enacted as much to prevent giving the appearance of a conflict as to suppress all tendency to wrongdoing." Board of Selectmen of Avon v. Linder 352 Mass. 521 (1967).
SECTION 2 Definitions:
School Committee members are defined as municipal employees under the provisions of Mass. Gen. Laws ch. 268A sec. 1.
SECTION 3 Procedure:
No person who is the parent or guardian of a child enrolled in the Hingham Public Schools shall be eligible to serve on the Hingham School Committee. (Inserted at the request of Bernard Manning and others)
Mr. Alexiades stated that Town Counsel has advised that Article TT is illegal as Town Meeting does not have the authority to take such action. Mr. Bernard Manning stated that he will not pursue any Articles proven to him to be against settled law. Mr. Alexiades was instructed by the Board to share with Mr. Manning the legal basis for the opinions of Town Counsel once the written opinion is received. Mr. Manning proceeded to explain the basis for his request for Article TT. The Committee explained the basis for its recommendation that no action be taken.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to support the recommendation that no action be taken. Discussion followed. Ms. Burns provided Mr. Manning with a copy of a confidential letter addressed to her from the State Ethics Commission stating that her having a child in the school system alone does not create a conflict of interest or impact eligibility to vote. A vote was taken and all were in favor; the motion passed. The Committee voted to recommend no action on this Article.
Adjournment: Voted - A motion was made by Mr. Riley and seconded by Ms. Burns to adjourn the open session to executive session for the purpose of discussing pending litigation and not to return to open session. A vote was taken by roll call and showed as follows: Chairman Rabuffo – yes, Mr. Riley – yes, Ms. Burns – yes. The motion passed.
The open session adjourned at 11:20 PM.
Respectfully submitted,
Laurie Zivkovich, Clerk Pro Tem