Charter Committee Continues to Plan Outreach, Explore Options
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Report on the Meeting of the Amherst Charter Review Committee, March 27, 2025
Present
Julian Hynes (Chair), Andy Churchill, Bernie Kubiak, Raphael Rogers, Ken LeBlond, Meg Gage, Marcus Smith. Absent: Erika Mijlin. Guest: Attorney Lauren Goldberg, K-P Law.
The meeting was held on Zoom and was recorded.
Public Comment
Darcy Dumont had two comments related to section 2.1(b) of the Charter. First, she urged the committee to recommend reducing the lame duck period for elected officials to three weeks instead of the current eight week period. This is the period between the time the incoming officers are elected and when they take office. During that time, the outgoing elected officials continue to act. Dumont noted that several towns, including Palmer, limit this period to two weeks. The League of Women Voters has made this same recommendation to reduce this time period. Second, she advised that all elected officials be limited to a maximum of six years in order to facilitate turnover and public participation. Dumont said she will submit more detailed written comments on these topics.
Town Attorney Explains Laws Related to Charter Review
Lauren Goldberg from K-P Law has worked with the Town of Amherst for several years and provided legal council when the Charter was adopted in 2017. Goldberg offered a Power Point presentation that began by providing background information on the various forms of town government permitted under state law. In 1966, Massachusetts passed the Home Rule Amendment to the state constitution permitting towns to adopt a form of government as defined in its charter. A Home Rule Charter defines the “form, structure and organization” of the town government. Goldberg described the Charter as “the ‘constitution’ of the municipality, that takes precedence over local ordinances or bylaws, and in many cases, state law.” The Town Council is the governing body. For that reason, she stressed the importance of adhering to the Town Council’s Charge to the Committee:
To review the Amherst Home Rule Charter in accordance with all applicable laws of the Commonwealth of Massachusetts that define what features of the Charter may be changed consistent with the present form of government defined by the Charter adopted by the Town of Amherst on September 25, 2017.
Throughout the presentation, Goldberg emphasized that the charge directed the committee to focus its recommendations on changes to the Charter that are “consistent with the present form of government.” In other words, its recommendations should be limited to the matters in the Charter. Other topics, such as proposed changes to the composition, mode of election or appointment, or terms of office of the Town Council, Mayor, or Town Manager are considered major changes outside the scope of the existing charter and therefore would need the appointment of a Commission and an action by the majority of voters. Goldberg however, agreed with Meg Gage who noted that the committee has already agreed that they would issue a supplemental report if such major topics were to arise in the course of surveying elected officials or the public.
Finally, Goldberg suggested that during its review the committee should consider questions such as, what is working and what is not; who has what responsibility; are there proper checks and balances; who is responsible to whom; who can make policies; who is appointed and who is elected; who can be removed and by whom.
Budget and Extension of Time
Hynes reported that Town Council has extended the Charter Review Committee’s deadline for its final report to October 31, although he said he expects that a further extension will be necessary. The request for funding to engage the Collins Center has been referred to the Finance Committee. Bernie Kubiak, a member of that committee, said that it was discussed favorably at the most recent meeting and he expects the request will be voted on in time for the Town Council’s April 7 meeting.
Outreach Subcommittee Report
The committee read through a report prepared by Erika Mijlin on their shared screen because it had not been posted or distributed prior to the meeting. A top priority for the subcommittee has been developing a questionnaire for town officials. The draft, provided as a link within the report, was developed with the help of the Collins Center, which suggested that the form include some explanatory material and a preamble. The form has a space for the respondent’s name, but the option of anonymous responses will be considered, especially for employed staff. All committee members were asked to review and comment on it.
Andy Churchill noted that the guidance from Collins Center was appreciated especially at this time when the contract has yet to be signed. He raised the issue of whether there should be “yes/no” questions or if qualitative, open-ended questions would yield a representative sample. Kubiak reminded the committee that he had submitted five open-ended questions for Town Council members. Ken LeBlond urged the committee members to look at the draft questions carefully before the next meeting. Raphael Rogers asked that feedback be sent to the subcommittee before its meeting next week. Churchill said that having the results of the town officials’ questionnaire could inform the kinds of questions that should be included in the public survey.
Hynes cautioned that with a deadline of October 31 the committee should start discussing all of the charter articles no later than June, and in order to complete the review the committee must either schedule additional meetings or request an additional extension. Gage said that the subcommittee is working on a timeline.
Another important step is to develop a survey to distribute to the public. Hynes expressed hope that a draft could be distributed a few days before the next meeting. It would be ideal, he said, to have the survey ready for distribution at the Amherst Global Village Festival on April 5. Hynes reminded the committee that the town is offering a table to the committee and asked for volunteers to staff it. The committee agreed that having a presence at the event would be an opportunity to begin educating the public about the charter review process and remind the public how they can submit written comments. Rogers said that the subcommittee is working on three “listening events” that would be opportunities to distribute the public survey. Hynes said that handouts would contain the information that is on the town website. Hynes and Marcus Smith volunteered to staff the table on April 5.
Future Agenda Planning
The next meeting will review the questionnaire and the public survey. The subcommittee is expected to have a proposal for outreach listening events.
It is hard to fathom that given how many concerns about the town’s home rule charter have already been raised by the public, that the committee continues to devote it’s meetings almost exclusively to “planning outreach”, rather than to a discussion of the charter itself. Unless of course the intent is to avoid undertaking a meaningful and comprehensive analysis of where the charter works well and where it does not.
https://www.amherstindy.org/2025/03/07/opinion-charter-review-committee-should-listen-to-what-the-public-has-already-said/
https://www.amherstindy.org/2024/07/26/lwva-publishes-charter-review-recommendations/
https://www.amherstindy.org/2023/05/26/amherst-residents-raise-concerns-about-local-government-in-league-survey-on-town-charter/
https://www.amherstindy.org/2022/12/23/issues-analyses-there-is-much-room-for-improvement-in-amhersts-home-rule-charter/
https://www.amherstindy.org/2022/12/09/issues-analyses-fundamental-issues-that-need-to-be-addressed-in-a-review-of-the-town-charter/
https://www.amherstindy.org/2024/03/15/indy-rewind-opinion-the-chamber-of-commerce-home-rule-charter-debate/
https://www.amherstindy.org/2024/02/02/opinion-how-the-town-council-president-has-consolidated-power/
https://www.amherstindy.org/2023/11/10/opinion-thoughtful-deliberate-and-not-rushed-planning/
https://www.amherstindy.org/2023/11/10/opinion-thoughtful-deliberate-and-not-rushed-planning/
https://www.amherstindy.org/2022/10/21/opinion-this-is-the-moment-when-we-can-bring-equity-to-our-town/
https://www.amherstindy.org/2021/10/22/public-comment-redistricting-for-equality-an-impossible-task-under-the-current-charter/
https://www.amherstindy.org/2022/12/23/issues-analyses-review-of-the-town-charter-the-concentration-of-power/
perplexity.ai reads all the links in Art’s comment, above, and ranks all the opportunities for improvement for Amherst’s charter, in popularity, and also including some best practices from elsewhere
Top 20 Ideas for Improvement
Transparency in Decision-Making: Ensure that all council meetings are livestreamed and recorded, and that public comments are summarized and responded to in real-time
Public Participation: Expand opportunities for public participation, including easier petition processes and more accessible council meetings
Checks and Balances: Strengthen checks and balances between the executive and legislative branches, possibly by limiting the Town Manager’s powers
Council Size and Representation: Consider increasing the number of councilors to improve representation and reduce workload
Term Limits: Implement term limits for councilors and the council president to prevent concentration of power
Elected Mayor: Explore replacing the Town Manager with an elected mayor to increase accountability
Voter Veto Power: Relax requirements for voter vetoes to enhance citizen oversight
Election Timing: Hold local elections in even-numbered years to coincide with national elections and increase turnout
Council Meeting Efficiency: Improve meeting efficiency by limiting marathon sessions and ensuring timely decision-making
Community Engagement: Establish a community engagement officer to facilitate public involvement in governance
Committee Appointments: Ensure diverse and merit-based appointments to town committees
Finance Committee Voting Rights: Grant full voting rights to resident members of the Finance Committee
Public Comment Periods: Mandate public comment periods at the start of all council meetings
Ranked Choice Voting: Implement ranked-choice voting to enhance electoral fairness
Participatory Budgeting: Introduce participatory budgeting to involve residents in budget decisions
ADA Coordinator: Establish an ADA Coordinator position to ensure accessibility
Non-Citizen Voting: Consider allowing non-citizens to vote in local elections
Lower Voting Age: Explore lowering the voting age for local elections
Councilor District Meetings: Require councilors to hold regular district meetings to engage with constituents
Electronic Signatures: Allow electronic signatures on resident petitions
Preamble to the Charter: Develop a preamble outlining town goals and values
Councilor Inauguration Period: Shorten the period between election and inauguration of councilors
Staggered Terms: Lengthen and stagger terms for elected offices
Council Legal Counsel: Provide the Town Council with the power to hire its own legal counsel
Postponement Rules: Require a second to postpone discussions
Public Records for Committee Applications: Make applications for town committees public records
Councilor Compensation Oversight: Establish community oversight of councilor compensation decisions
Emergency Definition: Clarify the definition of an emergency in the charter
Quorum Definition: Define quorum requirements for all town bodies
Investigations and Information Requests: Allow the Town Council to request information from all town agencies
Term Limits for Council President: Implement term limits for the council president
Council President’s Role: Clarify and limit the powers of the council president
Closed Meetings Transparency: Ensure transparency in closed meetings and interactions with external entities
Consent Agenda Reform: Prevent the misuse of the consent agenda for substantive issues
Public Comment Visibility: Allow public commenters to be visible during remote meetings
Council Committee Balance: Ensure balanced representation on council committees
Town Manager Evaluation Process: Make the Town Manager evaluation process more transparent and critical
Charter Review Process: Improve the charter review process to prevent foot-dragging
General Outreach Protocol: Develop a general outreach protocol for public input
Partnerships with Local Colleges: Collaborate with local colleges for outreach and research
Redistricting for Equality: Address redistricting challenges under the current charter
Recall Provision: Consider adding a recall provision for elected officials
Elections by Voters: Require elections by voters for filling open seats
Councilor Constituent Meetings: Mandate constituent meetings for at-large councilors
Term Limits for Appointees: Implement term limits for residents appointed to town committees
Budget Process Transparency: Enhance transparency in the town budget process
Diversity and Equity Initiatives: Strengthen diversity and equity initiatives within town governance
Community Responders for Equity: Support initiatives like CRESS for equity and safety
Reparations Fund: Establish a reparations fund to address historical inequities
Digital Engagement Platforms: Develop digital platforms for civic education and engagement
These ideas aim to enhance transparency, public participation, and governance efficiency in Amherst’s charter.
Thanks to Anita Sarro’s essential but depressing reports on the meetings of this committee it is easy to become cynical as I have become and believe that the committee is just running out the clock. Art Keene and Ira Bryck, in their comments above, have given the committee enough public grist for their mill to last for the next ten years. The committee’s persistence in ignoring all of this public comment, while pretending to seek public comment, confirms that the committee, like the council that chose its members, is interested only in comment that agrees with it or it can control. The hiring of consultants like Collins and K-P Law is a waste of time and money. I could have told the committee what they would say for free. More important, the committee knew what they would say before they hired them. Consultants ask two questions before they accept a contract: who is paying us? and what do they want? The town makes sure that its consultants know the answers to those questions before they issue the contract.
The richness and depth of the public comment currently available, to – though ignored by – the committee suggests that a public committee to do the work that this formally appointed committee should be doing but isn’t be appointed outside of our governance, made up of residents of all ages, backgrounds, and political affiliations to sift through, modify, add to and subtract from Art’s and Ira’s lists, present their findings and recommendations to the Town Council in a public forum and dare them to continue to pretend that they don’t exist.
Ira, I urge you and everyone who has concerns about how Amherst town government is conducted to not wait any longer and submit comments to the committee on the Feedback Form. https://www.amherstma.gov/FormCenter/Town-Council-33/2024-Charter-Review-Committee-Feedback-215