Charter Review Committee Lays Groundwork for Future Efforts
Photo: amherstma.gov
Report on the Meeting of the Amherst Charter Review Committee, January 16, 2025
Present
Erika Mijlin, Dan Muscat, Andy Churchill, Bernie Kubiak, Raphael Rogers, Ken LeBlond, Meg Gage. Athena O’Keeffe (Staff Liaison), Melissa Zawadski (Finance Director). Absent: Marcus Smith, Julian Hynes.
Erika Mijlin chaired the meeting in Julian Hynes’s absence. The meeting was held on Zoom and was recorded There were no comments from the public.
Engaging a Consultant
At a prior meeting, the committee decided to engage the Collins Center for Public Management at UMass Boston as consultants and to seek necessary funds from the town through the supplemental budget process. To further the discussion, Julian Hynes submitted a draft document describing the scope of work sought from the Collins Center. The committee decided that instead of presenting the draft, the Collins Center should be asked to submit a proposal describing the scope of services it would offer and an estimated cost. The committee then could review and negotiate a mutually agreeable plan. Andy Churchill agreed to contact the Collins Center to request a proposal.
Budget Request Update
The budget previously presented to Town Manager Paul Bockelman included funds to engage the Collins Center and to support outreach costs such as mailings and holding in-person meetings at various locations. Because Bockelman requested more specificity, Hynes and Athena O’Keeffe met with Finance Director Melissa Zawadsky, who attended this meeting to provide some guidance to the committee.
Zawadsky noted that the committee’s work would encompass Fiscal Years 2025 and 2026; therefore, although some of the funds could be distributed this year within a Supplemental Budget, funds needed in FY 2026 would be considered in the budget process. She also cautioned that any unused funds allocated in FY 2025 could not be carried over to the following year.
Churchill noted that this committee is small and time-limited and questioned what level of detail the Town Manager expected. Zadowsky gave some examples, for instance instead of a single figure for all public outreach meetings, the budget could identify the number of meetings to be scheduled and the approximate cost of each meeting, for example “five meetings, each $300 to $400.” Meg Gage said that the Outreach Subcommittee should be looking at the budget at its meeting next week. Bernie Kubiak suggested that the subcommittee also talk with Holly Drake, Town Comptroller, about concerns related to providing child care.
Scope of Charter Review Committee’s Work
This topic is a continuation of a discussion that Dan Muscat initiated at the December 12 meeting regarding his concerns about the lack of clarity in the existing statement of purpose posted on the town website. He asked that there be consensus among committee members as to the scope of work.
Kubiak said that the scope is what is stated in the Town Council’s charge to the committee and it limits the committee to recommending “minor changes.” Only a Charter Commission can recommend or propose changes beyond that scope.
Churchill said that the committee already addressed this issue in its letter to the public, in which it recognized the charge but committed to reporting on ideas that come from the public, even though some of those suggestions might require the formation of a charter commission or legislative action. Gage agreed, saying that the committee’s primary job is to listen, decide what to recommend, and report what the committee hears as trends. Muscat said that he was questioning the charge itself, believing that it was not consistent with state law.
Churchill proposed that both the charge and the letter to the public be posted on the website. Kubiak repeated that only a Charter Commission can recommend or propose changes beyond those that he described as “minor” but reporting comments is different than recommending changes. Some members urged that the Town attorney, KP Law, be consulted to provide clarification on the law.
The committee voted unanimously to request that the letter to the public be added to the website. O’Keeffe then immediately posted it.
Charter Summary and Organizational Chart
Churchill referred to a Charter Summary. He also referred to an Organizational Chart that identifies the elected officials and the committees and departments reporting to the Town Manager. These tools are intended to help the committee in its work and to be used in outreach efforts.
Muscat again raised his concern about clarity, saying that any information to the public should be clear on what the committee can do and what would require other acts.
Erika Mijlin said that this information would become relevant as information from the public comes in; whether the committee can recommend or propose a change could be considered at a later time when consolidating public input. At that point a lawyer would be helpful.
Churchill said it would be helpful to have a summary of how the charter could be changed (by the Town Council, by a Charter Commission, or by a legislative act) and that it would be best to have it be drafted by legal counsel. He offered a motion to request legal council to draft a short summary to be circulated publicly on how the Charter can be changed. The vote approving the motion was unanimous.
O’Keeffe suggested that a representative from KP Law attend a future meeting.
Dealing with Community Divisions
Muscat questioned whether and to what extent the committee should acknowledge the divisions within the town concerning the form of Amherst’s government. Ken LeBlond saw no reason to proactively raise the issue in public outreach efforts but if concerns are still there, the committee will hear them. Gage noted that she and Churchill were on opposite sides of that issue when they served on the Charter Commission and yet they worked well together so she expects that this committee can model respectful behavior. Muscat said that being direct gets people to open up, but Mijlin said she expects that the issue will emerge organically. Churchill concluded that the committee should be open to whatever the public provides.
Meeting Assignments with Elected Officials
At the December 18 meeting, Kubiak volunteered to develop a list of past and present elected town officials and assign committee members to interview then. The committee reviewed the list with assignments. Kubiak agreed to provide contact information to the committee members. He also said he would sort through the results, group comments, and identify trends, sharing those results with the public but not raw data. Mijlin stressed the need for some standardization, such as whether the interviews should be recorded; Kubiak preferred interviewees take notes. She also asked for standardized questions that could be used in each interview and sent ahead of time to the interviewee. They also could be used if an official is not available for an interview but wished to respond in writing. Gage suggested that if the interviewer took notes, the interviewee had an opportunity to review them. Raphael Rogers asked what would happen with the raw data. Kubiak said that the notes would become public if they are sent to committee members. Rogers urged that the committee decide how to use the raw data and how to share it. Mijlin volunteered to build an online “container” to hold the information.
Outreach Subcommittee
Gage reported that the subcommittee elected Mijlin as Chair and Rogers as Vice Chair. They will be meeting next week. The subcommittee is working on a number of ideas and asked for feedback on any and all points before the next subcommittee meeting:
(1) maximizing strategies for reaching out to the public, including using email lists of 19 neighborhood groups
(2) finding a graphic designer to help develop a logo to brand the outreach effort
(3) asking venues such as Amherst Cinema to help publicize outreach efforts
(4) developing surveys
(5) refining the public input form that is on the town’s Charter Review website
Future Agenda Items
Gage urged that the committee start the interviewing process promptly. Kubiak said he will look into developing a similar list of department heads. Churchill will report back on his contacting Collins Center. The Outreach Subcommittee will report back on their review of the budget request.
The next meeting will be held on January 30. The meeting was adjourned at 8:39 pm.