I have to tell you something. Hindsight, reflection, call it what you will makes things look better and better every single day.
One battle that seems to rear its ugly head too frequently: the procurement law. Past policies procedures, authority always argued, debated, haggled over.
No more going forward.
No more going forward.
Last law in rules.
Everything before falls.
Recently passed article, Section 3(20) clearly designates the TA as the Town's Procurement Officer.
No exceptions to any department.
None.
It does say everything has to be done in accordance with applicable law, which is has to be done in any event. Might have been a bit better to actually reflect the correct term by adding "chief" in front of it, but hey no one is going to argue with the intent. Especially no one who stood up in support, right?
Might have considered some discretionary authority as to amounts. Could be the intent for the same is covered with the policy and procedure language.
No exceptions to any department.
None.
It does say everything has to be done in accordance with applicable law, which is has to be done in any event. Might have been a bit better to actually reflect the correct term by adding "chief" in front of it, but hey no one is going to argue with the intent. Especially no one who stood up in support, right?
Might have considered some discretionary authority as to amounts. Could be the intent for the same is covered with the policy and procedure language.
I also really like the provision requiring the everybody, including the school committee, to furnish all relevant information and to submit in form as required by the TA under Sec. 3 (13).
No more arguments arguments about procurement policies or having to comply with requests for information, no more statements about independent boards on these two issues, no lack of clarity as to application to certain departments. Clearly the bodies standing from certain departments and committees wouldn't even consider any intent not to comply whole hardily with these provisions, right?
None.
No more arguments arguments about procurement policies or having to comply with requests for information, no more statements about independent boards on these two issues, no lack of clarity as to application to certain departments. Clearly the bodies standing from certain departments and committees wouldn't even consider any intent not to comply whole hardily with these provisions, right?
None.
Always nice to get rid of such pesky little issues that pop up time to time.
Especially the ones that every department seems to like to chirp about. Complaints with some legitimacy in the past have now in my humble opinion been resolved.
No need to chirp about them anymore. At best you can now only grouse.
Especially the ones that every department seems to like to chirp about. Complaints with some legitimacy in the past have now in my humble opinion been resolved.
No need to chirp about them anymore. At best you can now only grouse.
One more issue the selectmen can avoid also, if they choose to do so by giving their approval, is the negotiation of labor contracts.
Clause (11) of the section 3 provides that the TA can "With the approval of the Board of Selectmen, negotiate all collective bargaining contracts on behalf of the Town, except School Department contracts." If given approval it allows the TA to seek assistance of labor counsel. All final contracts have to be approved and signed by the selectmen.
Hopefully the BOS are smart enough to grant approval. I mean this article should make them smarter. It clearly spells out the discretionary authority granted which they have presently. So now when the unions complain about lack of selectmen involvement they can answer well "we don't have to if we don't want to".
Approval that could be conditional. This is not a mandatory function/duty. Mandatory isn't conditioned on getting approval. Seems we still want to leave the option to our selectboard to conduct negotiations.
Approval that could be conditional. This is not a mandatory function/duty. Mandatory isn't conditioned on getting approval. Seems we still want to leave the option to our selectboard to conduct negotiations.
Mandatory would be
(10) Negotiate all collective bargaining contracts on behalf of the town, with the exception of the school department contracts, under the guidance of the BOS. The town manager may seek the assistance of labor counsel, as he deems necessary to effect successful negotiations. All final agreements must receive the approval of the BOS.
or
The town administrator, or the administrator's designee, shall negotiate all labor and employment contracts, other than those under the jurisdiction of the school committee and board of library trustees. Proposed contracts negotiated by the town administrator shall require approval of the board of selectmen.
or
be responsible for the negotiation of all contracts with town employees, except employees of the school department, regarding wages and other terms and conditions of employment; provided, that collective bargaining agreements negotiated under the authority of this section shall be subject to the approval of the board of selectmen and to chapter 150E of the General Laws;
You get the drift.
But hey, they can give the approval if they feel it prudent. Something they always could do, but why belabor that point. No harm, no foul right? It is an improvement. I mean it clearly says it is okay with us if you want the TA to negotiate instead of the board. You now have our permission to give your permission.
Anyway ...
Given this is an election year for the statehouse, and the summer break for that institution is fast approaching, coupled with the fact that by the time the applicable time periods lapse for TM votes to be certified, etc., with the necessary documentation being prepared by the town to be shipped off to its legislators, and further assuming the people in Boston move it along, again approval at a brisk pace could come in November, perhaps a bit sooner. The issue then will be when do we bring the article back to Town Meeting. Do we call a special? Wait to the annual?
My suggestion: why wait at all. Board of Selectman should take a vote post haste, delegating all powers and authority they can and assigning all the enumerated duties under the article to the current Exec Sec, ordering all boards and committees under its authority to comply with the Exec Sec and asking all other's to comply. Get the process going for FY 2015 starting July 1.
Selectmen absolutely can and have been able to do that much under our current set-up. Should do it. Be a good test run.
We might as well truthfully. We have just put the whole process on hold for another year otherwise. I see absolutely no point in any collective effort as has been discussed previously to deal with any of the matters now clearly to be assigned to the TA, many subject to the approval of the BOS. Budget process, determinations, procedures will now march, down the directed path as provided in this special legislation. Any actions by the personnel board should essentially be relegated to the back burner.
Another moving on ...
If you are thinking the blog is going to turn into a daily piece on the tm articles, well you are only maybe a third right, and not for all that much longer.
Truthfully, like my present representative capacity, there is an end in sight for this little exercise. Might not be a permanent end, depending on what I decide to do after 4:00 P.M. +/-, Saturday, May 2, 2015. At some point before that date though, there is at least going to be some sort of sabbatical.
When? Not sure. All I can tell you is that magic number is between 360 and zero.
That is it for today.
Be safe.
Anyway ...
Given this is an election year for the statehouse, and the summer break for that institution is fast approaching, coupled with the fact that by the time the applicable time periods lapse for TM votes to be certified, etc., with the necessary documentation being prepared by the town to be shipped off to its legislators, and further assuming the people in Boston move it along, again approval at a brisk pace could come in November, perhaps a bit sooner. The issue then will be when do we bring the article back to Town Meeting. Do we call a special? Wait to the annual?
My suggestion: why wait at all. Board of Selectman should take a vote post haste, delegating all powers and authority they can and assigning all the enumerated duties under the article to the current Exec Sec, ordering all boards and committees under its authority to comply with the Exec Sec and asking all other's to comply. Get the process going for FY 2015 starting July 1.
Selectmen absolutely can and have been able to do that much under our current set-up. Should do it. Be a good test run.
We might as well truthfully. We have just put the whole process on hold for another year otherwise. I see absolutely no point in any collective effort as has been discussed previously to deal with any of the matters now clearly to be assigned to the TA, many subject to the approval of the BOS. Budget process, determinations, procedures will now march, down the directed path as provided in this special legislation. Any actions by the personnel board should essentially be relegated to the back burner.
Another moving on ...
If you are thinking the blog is going to turn into a daily piece on the tm articles, well you are only maybe a third right, and not for all that much longer.
Truthfully, like my present representative capacity, there is an end in sight for this little exercise. Might not be a permanent end, depending on what I decide to do after 4:00 P.M. +/-, Saturday, May 2, 2015. At some point before that date though, there is at least going to be some sort of sabbatical.
When? Not sure. All I can tell you is that magic number is between 360 and zero.
That is it for today.
Be safe.
?
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