Cumberland voters have to answer 13 local questions on the ballot this year. They all regard updates to our town's Charter as recommended by the town's Charter Review Commission.
Below I've included the text of each question, a link to the current Charter text, and a copy of the text in most cases. I hope this helps those of you feeling a bit overwhelmed by all of the questions as we start voting.
This covers questions 6-18 for Cumberland voters, which are our Local Questions.
Question 6: VACANCIES ON SCHOOL COMMITTEE
Shall a special election be called within 75 to 90 days after a vacancy has occurred on the School Committee if such vacancy has occurred twelve months or more prior to the regular election, and if the vacancy occurs less than 12 months prior to the regular election, then the vacancy shall be filled by the remaining members of the School Committee by an individual who resides in the same district as the member being replaced? [Home Rule Charter Amendment, Sect. 1403]
Current Charter Text
Any vacancy in the membership of the School Committee shall be filled by written ballot of a majority of all the members of the Town Council for the remainder of the term of office, provided that the person selected to fill said vacancy shall be an elector from that district.
A vacancy in said membership of the School Committee shall occur if any of the conditions set forth in Sec. 1402 occurs or if a member dies; resigns from office; ceases to be a resident and/or elector of the district in which elected, or shall be absent for four (4) consecutive regular meetings or six (6) regular meetings within a twelve (12) month period unless said absence/s are excused by a majority vote of the whole School Committee.
Question 7: REQUIREMENT FOR PUBLIC HEARING CHARTER REVIEW COMMISSION
Shall the Charter Review Commission hold at least one public hearing with notice by advertisement in a newspaper of general circulation and not be disbanded until amendments are codified? [Home Rule Charter Amendment, Sect. 1705]
Current Charter Text
This Charter may be amended at any time, or a new Charter adopted in the manner provided by the State constitution. Within each ten (10) year period commencing with November 1, 1985, the Town Council shall appoint a Charter Review Commission consisting of nine (9) members, the members of which to be chosen in the following manner: one member shall be appointed by each of the seven members of the Town Council, one member shall be appointed by the Mayor, and one member appointed by the School Committee. No appointee to the Commission shall be a current official of the Town of Cumberland. Each such Charter Review Commission shall review the Charter as it then exists and propose to the Council such amendments, if any, which it deems necessary and advisable at which time the commission's term ends.
Question 8: COUNCIL PROCEDURE
Shall proposed resolutions require the affirmative vote of at least four (4) members of the Town Council? [Home Rule Charter Amendment, Sect. 409]
Note: The current text only specifies Ordinances, not Resolutions. I will add the link here, but not the full text of Sect. 409 as it is very long.
Current Charter Text
Question 9: RESIDENCY REQUIREMENTS OF CERTAIN APPOINTED OFFICIALS
Shall the requirement that the Town Solicitor and any other attorneys, and the Judge of Probate be a qualified elector of the Town be removed from the Charter? [Home Rule Charter Amendment, Sects. 602, 702]
Current Charter Text
The Town Solicitor shall be an attorney-at-law in good standing who has been admitted to the practice of law in this State and is a qualified elector of the Town. He or she shall not hold any other office in the Town government except that of Acting Judge of Probate when so necessary.
The Judge of Probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this State, and who is a qualified elector of the Town.
Question 10: DUTIES AND POWERS OF FINANCE DIRECTOR
Shall the Finance Director's duties and powers be amended to include having safekeeping and receipt and delivery of all manners of indebtedness and that payments may be made in any legally permitted manner? [Home Rule Charter Amendment, Sect. 905E]
Current Charter Text
The Finance Director shall:
E.
Have custody of all investments and invested funds of the Town or in the possession of the Town in a fiduciary capacity, and have the safekeeping of all bonds and notes of the Town and the receipt and delivery of Town bonds, including the School Department.
Question 11: ABSENCE OR DISABILITY OF MAYOR
Shall the Council President, or the President Pro Tempore if the Council President is unable to serve, be designated as Mayor during such absence or disability of the Mayor, and further if neither is available, then the Council shall appoint one of its members? [Home Rule Charter Amendment, Sect. 304]
Current Charter Text
In the event the mayor is unable to perform his or her duties during a temporary absence or temporary disability, the mayor may designate the council president, or the president pro tempore if the council president is unable to serve, as acting mayor. In the event or failure of the mayor to make such designation, the council, by majority vote, may appoint one of its members, to perform the duties of the mayor until said mayor shall return or the consecutive absence or disability shall cease. After ninety (90) days of such consecutive absence or disability have elapsed the Council may declare the office of Mayor vacant. While serving as acting Mayor, said designated officer shall not make any appointments or removals, other than temporary appointments until he or she shall have served as acting mayor for ninety (90) consecutive days and then only with the consent of the Town Council.
Question 12: PURCHASING
Shall the requirement for seeking three (3) quotations for purchases under $5,000.00, or $7,500.00 in the case of construction-related matters, be removed, and the requirement for competitive sealed bids for supplies, materials, equipment, or work be increased to purchases in excess of $10,000.00 for construction-related matters and as consistent with state law? [Home Rule Charter Amendment, Sect. 906B and E]
Current Charter Text
B.
With the exception of the alternative procedures set forth in subsection C. of this section, when authorized by the Council, competitive sealed bids shall be solicited by the purchasing agent for any purchase of or contract for but not limited to supplies, materials, equipment or work to be performed costing in excess of five thousand dollars ($5,000.00) or, in the case of contracts for construction as defined in State law, in excess of seven thousand five hundred dollars ($7,500.00), under such rules and regulations as the Town Council may have prescribed by ordinance. All contracts for such purchases shall be awarded to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price. A performance bond shall be required of all successful bidders in such amount and with such surety as the purchasing agent or the Town Council may specify or ordain.
E.
Purchases or contracts for between one thousand dollars ($1,000.00) and five thousand dollars ($5,000.00), or in the case of contracts for construction for between one thousand dollars ($1,000.00) and seven thousand five hundred dollars ($7,500.00), shall be made only after three (3) quotations, if available, have been obtained from competitors by the purchasing agent.
Question 13: MAYOR'S SALARY
Shall the Mayor receive a minimum annual salary equal to the average household income for the Town of Cumberland using most recent income statistics available from the U.S. Census Bureau and be adjusted every 5 years beginning the first fiscal year following the adoption of this amendment? [Home Rule Charter Amendment, Sect. 303]
Current Charter Text
The Mayor shall receive such annual salary of not less than thirty-five thousand dollars ([$]35,000) as may be prescribed by ordinance; provided that his salary shall not be changed after the filing of nomination papers for the office or during the term of office for which he was elected.
Question 14: PREFERENCE IN AWARDING BIDS TO TOWN BUSINESSES
Shall the Town Council have discretion in awarding a contract to a business located within the Town if submitted bids are otherwise substantially equivalent or deemed a nominal difference? [Home Rule Charter Amendment, Sect. 906D]
Current Charter Text
D.
No transaction which is essentially a unit shall be divided into a series of orders for the purpose of circumventing the competitive bidding process. Bids, specifications and all other factors being equal preference shall be given to the bidder whose place of business is in the Town.
Question 15: MISCELLANEOUS AMENDMENTS
Shall the Town of Cumberland be empowered to make several amendments to Sects. 905G, 1201, Art. 13, 1607.A.3, 4, 1705, 1901 for the sole purpose of clarifying language or to remove language that has become obsolete due to changes to state law or passage of time? [Home Rule Charter Amendment, Sects. 905G, 1201, Art. 13, 1607.A.3, 4, 1705, 1901]
Note: As this references many sections, only the links will be listed below.
G
A. 3, 4
Question 16: APPOINTMENT OF MEMBERS OF THE HISTORIC DISTRICT COMMISSION
Shall the members of the Historic District Commission be appointed by the Town Council, rather than by the Council President? [Home Rule Charter Amendment, Sect. 1612]
Current Charter Text
There shall be a Historic [District] Commission in the Town of Cumberland consisting of seven (7) Town residents who shall be appointed by the President of the Town Council to serve three (3) year terms, except that all vacancies shall be filled for the balance of unexpired terms, in like manner. The Authority shall have the powers necessary to carry out and effectuate the purposes and provisions of the laws of the State.
Question 17: ESTABLISHMENT OF BUILDING COMMITTEE
Shall the amount of cost required for the establishment of a Building Committee be increased to One Million Dollars ($1,000,000.00)? [Home Rule Charter Amendment, Sect. 1713]
Current Charter Text
Whenever a new building or an addition to an existing building, or any new public facility, including buildings and facilities for the School Department, is to be constructed in the Town or elsewhere for the Town, at a planned cost of more than two hundred and fifty thousand dollars ($250,000.00), a building committee shall be appointed which shall have the responsibility of planning and supervising the construction thereof. In addition to new buildings or public facilities or additions thereto, a building committee shall also be appointed where renovations to existing buildings, public facilities or grounds shall be in excess of the above amount. Any committee so formed shall have said responsibilities whether or not the project consists of one (1) phase or more than one (1) phase.
Question 18: AUTHORITY FOR ADDITIONAL SWORN POLICE OFFICERS
Shall the ability of the Chief of Police to appoint additional special police officers be changed to sworn police officers? [Home Rule Charter Amendment, Sect. 1201D]
Current Charter Text
D.
In addition to the members of the permanent police force, the Chief of Police, may from time to time appoint additional special policemen for occasional services and for limited terms who shall serve at the pleasure of the Chief of Police.
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