Use this search box to find articles that have run in our newspapers over the last several years.

Mayor vetos multi-member appeals ordinance

Date: 10/3/2012

By Carley Dangona

carley@thereminder.com

WEST SPRINGFIELD — On Sept. 14, Mayor Gregory Neffinger submitted his veto of the Town Council's proposed ordinance to amend the appeals process for participants of multi-member bodies in Section 4-101 of the Home Rule Charter (HRC).

Neffinger described the main reason for his opposition to the proposal. "It is a revision of the HRC by ordinance, which isn't allowed," he said.

Neffinger added that any revisions to the HRC must be part of a review and go before voters to become established. The next periodic review of the HRC is slated for 2015.

"In the HRC, the mayor has the power to remove and appoint officers," Neffinger said. "By the charter, the legislative body [Town Council] has no administrative authority in the daily workings of the town."

Neffinger further stated in his supporting letter of the veto that "members of boards and commissions are in fact 'officers' of the Town and therefore operate under the direction of the mayor."

According to the charter, "The words 'town officer' when used without further qualification or description, shall mean a person having charge of an office or department of the town who in the exercise of the powers or duties of that position exercises some portion of the sovereign power of the town." No definition exists for the sole term of "officer."

The charter also states, "The words 'multiple member body' shall mean any town body consisting of two or more persons and whether styled board, commission, committee, sub-committee, or otherwise and however elected or appointed or otherwise constituted."

In section 3-3 under the heading, "Appointments by the mayor," the charter makes a marked distinction of people on multi-member bodies from town officers and department heads and it clearly separates the Town Council, School Commission and Multi-Member Bodies as disjointed entities — one does not encompass the other.

As per the HRC, "The mayor shall appoint, subject to the review of such appointments by the town council as provided in section 2-10 [see below], all town officers, department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the charter, excepting only persons serving under the school committee, and persons serving under the town council."

Section 2-10 explains the council's right to review. "The mayor shall submit to the town council the name of each person the mayor desires to appoint as a member of a multiple-member body. The town council shall refer each such name as is submitted to it to a standing committee of the town council, which shall investigate each such candidate for appointment and shall make a report, with recommendations, to the full town council not less than seven nor more than 30 days following such referral.

"Appointments made by the mayor shall become effective on the 35th day following the date on which notice of the proposed appointment was filed with the clerk of the council, unless the town council shall within the said 30 days vote to reject such appointment. The votes of at least six members shall be necessary to reject an appointment proposed by the mayor."

In his argument in opposition to the ordinance, Neffinger said, "The Town Council and School Committee are Multi-Member Bodies. This language [referring to the HRC definition of Multi-Member Bodies] is in error since the mayor cannot remove Town Councilors or School Committee members."

Kathleen Bourque, Town Council president, said, "I feel that it's important for the council to receive guidance from the [town] lawyer."

At the Sept. 4 Town Council meeting, before the council approved the ordinance by a vote of 7-2, Town Attorney Simon Brighenti Jr. explicitly described the intention of the proposal. He stated that the amendment to the General Ordinance section 4-101 does not conflict with section 3-4 of the HRC because it specifically applies to the appeals process of volunteers appointed by a Multi-Member Body, and does not intend to usurp or infringe upon the removal of town officers or department heads by the mayor.

Neffinger criticized former Mayor Edward Gibson for bringing the idea forward. "It was a mistake the former mayor should've looked at the charter closer," he said. "Whether it's fair or not [the current appeals process for members of a Multi-Member Bodies] that's what the charter says."

The mayor also analyzed the phrase "Multi-Member Body" in the council's proposed ordinance, stating that the phrase was "ambiguous" and "kind of weak."

He added it "is an error since, by definition, the Town Council and the School Committee are also 'Multi-Member' Bodies."

Bourque, when asked her opinion of the mayor's veto and the subsequent explanation stated, "I don't agree with him."

At the time of publication, a discussion of the veto was scheduled for the Oct. 1 Town Council meeting agenda.