Wilton Select Board reviews proposed updates to roles and responsibilities bylaws

[0:00] Speaker A (unidentified): Are you? Oh, that's a good question. I know you're on the floor. Are we through with the takeoff? No. [0:03] Speaker B (unidentified): I would never get a chance to see you. Yeah, that's it. But I know she's coming. I want her to be perfect. I'm looking at you. [0:09] Speaker C (unidentified): She's gorgeous. And then they have me. I've got to be. It's going to be evening. [0:13] Speaker D (unidentified): It's going to be afternoon. Excuse me. Mrs. Sainz, you may have a workshop. They hire a bunch of people, or it's just slow? [0:18] Speaker C (unidentified): So that they see each other. I don't know about it. [0:21] Speaker E (unidentified): All right. It's a hard-paced problem. Yeah. [0:23] Speaker C (unidentified): And we're going to be hired 20 minutes. What would you do this day? Is [0:35] Speaker F (unidentified): the seminar meeting tomorrow? Yeah. Virtual? [0:38] Speaker D (unidentified): We'll see. We can meet virtually. We need to watch the cuts when the screen goes back automatically. If you add somebody to it or not. [0:50] Speaker F (unidentified): Are you coming here in person? [0:53] Speaker B (unidentified): Yeah, give me a moment. I'll be here in a second. So you can do it. [0:57] Speaker G (unidentified): Drive around the way. [1:00] Speaker F (unidentified): I'll grab my confessional copy right there. [1:05] Speaker H (unidentified): Here you go to Vermont to keep going on this one. Cambridge. Where is that? About three hours away. Route 2, then take 15, over by Smuggler's Mark. Okay. Jefferson? Mm-hmm. Cambridge, next time. [Speaker I (unidentified): Oh, okay.] I'm kidding. It's not a Catholic. [2:22] Speaker F (unidentified): I'm happy to stay here. Why don't you guys like me to stay? Early on, he decided he didn't want me to taste. [2:27] Speaker H (unidentified): Board Hall, would you stand for Pledge of Allegiance, please? I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. [2:45] Speaker I (unidentified): All right. Welcome to the Pledge of Allegiance. Well, Tiffany, [2:52] Speaker H (unidentified): do you want to start us off? Sure. [3:01] Speaker F (unidentified): So originally we had this on a prior select committee where we decided that we were going to look at what was formerly known as roles and responsibilities. Responsibilities, and what I've done here is taken the current roles and responsibilities and redlined the updated, thank you, the red line is there, that's what I'm looking at on my page. As you can see everything in red is proposed changes, this is why we're having the workshop so we can go through the entire document to see what the pleasure of the select board is. A lot of this was updated, both David and I, maybe others attended virtually. A recent Maine Municipal Association where they pointed out that there were certain updates and so I incorporated those updates here as well. So, for instance, even though it's been a long-standing practice of the Wilton Select Board to allow members of the public to speak on items, it is actually now a law that members are allowed to participate in that public discussion. Like I said, it's been a long-standing practice for us, so nothing changes except that we put it in here because actually it's a law. Questions [4:49] Speaker D (unidentified): on that? No, and this is what I forwarded to you last time. Yeah. [5:02] Speaker F (unidentified): Every select board member has had it since Thursday to review. [5:07] Speaker H (unidentified): Can we make that bigger? [5:08] Speaker F (unidentified): Because I'm not quite sure if anybody can make it a little bit bigger. Folks that may want to. So instead of the purpose of the select board, purpose and authority, do we want to just go down some of the changes? In general, the responsibilities is like what are. I think it's, we'll go over these parts. I think oversight of town finances, protection of health, safety, and welfare of town residents, management of town property and town manager, management of relations with contractors, external agencies, and with the public, and then while most tasks associated with these responsibilities are delegated to others, particularly the town manager. The ultimate responsibility remains with the select board as a whole. And then putting in where the authority comes from. So the bylaws and the authority comes from the men's statute, just so everybody knows what the men's statutes are, and how many of the payment is. Is it's not an ordinance, and we would yield to any conflicting provisions of state and federal law. It's always nice to have in there because our old one wasn't updated in 10 years, and there were things that had changed. Questions of procedure are not addressed by these bylaws that are governed by the current edition of Robert's Rules of Order, really revised in these biological board means select board the chair includes the vice chair members of the presiding the chairs absence down instead of make up of the board membership in election and instead of saying a town resident the state statutes defines it as a registered voter in the town of at least 18 years of the 18 years of age the citizens of the United States. Terms and vacancies? [7:25] Speaker B (unidentified): Ask. So it says may call a town meeting. Does that mean like we have to? So it says when there's a vacancy on the select board, the select board may call a town meeting to elect a qualified person to fill the vacancy. So does that mean we have to have a separate meeting, or I've seen it done while we were, well, I've seen when we were doing it in a regular board meeting. [7:49] Speaker H (unidentified): To elect a replacement? Mm-hmm. Right there. Yeah, you'd have a special election. [7:58] Speaker B (unidentified): It says to elect a qualified person [8:01] Speaker I (unidentified): to fill the vacancy whose term is limited. [8:04] Speaker B (unidentified): So I don't... A town meeting to me is not an election. It is. [8:17] Speaker E (unidentified): Nathan? Every year in June, we have an annual town meeting. Article 2 or so is to elect municipal officers, so all of our town elections happen within the confines of a town meeting. [8:32] Speaker B (unidentified): So that means that you have to wait until, let's say, you... This says you can host a town meeting. They may call a separate town meeting. [8:43] Speaker E (unidentified): Mason? So we could call a special time meeting to fill a vacancy but we could also not call a special time meeting and wait for the normal annual election cycle to occur. Correct. Which if it's like you know 45 days before the next one we use the way it's up to the municipal officers choice of whether we call it or wait moving [9:05] Speaker H (unidentified): on, anything else? Thank you, so article 3, [9:17] Speaker F (unidentified): certification again select wood acts as a body not as individuals select wood deals with administrative services of the town solely through the town manager and we do not give orders publicly or privately to any employee in our town how many years of revision. Again, just clarification and remain by statute. Two responsibilities, slide forward. [9:51] Speaker E (unidentified): Peter. Nathan. So this is a very minor one, and I'm sorry for wasting people's time on it, but under the specific duties and responsibilities, one through six, the verb tense changes throughout each of these points. It starts with the infinitive verb tense, acting and preparing, and then on the next one, when it starts to say develop, review, modify, instead of developing or reviewing, modifying, there's a reason for the verb tenses to be different. On those points, I'd be willing to listen to it, but I don't think there is. [10:20] Speaker F (unidentified): No, it probably should have been on the side. So we'll make a note to make sure the verb tenses match. So specific duties or responsibilities such as not limited to acting as a governing body, we'll also see town managers who in turn manage department heads, employees, and the town's day-to-day businesses. Comparing with the assistance of the Budget Committee and the town manager on annual budget, and the presence of the budget in the warrant article of the town meeting, develop, review, and modify policies as deemed necessary for town business, including the function of the select board itself, attend regular public meetings, select board to conduct town business, typically these are held on the first and third Tuesdays of each month. Now, establish ad hoc committees, standing boards, and commissions to approve appointment of all members of these boards and commissions. Act as a quasi-judicial body when and as required by the statute. Chair and Vice Chair. In addition to their duties and responsibilities as members of the select board, the Chair and Vice Chair have additional duties and responsibilities. She will be elected at the first regularly scheduled meeting following the annual town meeting for the term of one year until a successor is elected unless the chair wishes to resign and can no longer fill the position because of illness or unforeseen circumstances. In which case, the vice chair would fill the position by a majority vote. The boys with all what the book was present majority can be found in support before it basically said Tom Tuck shall choose a chairperson by life but that is not also we found out in not allowable under our main state law. [12:25] Speaker H (unidentified): Nathan if I [12:30] Speaker E (unidentified): Read 38 section 25 26 the part about the town club balloting is still in there the balloting only comes in if a person cannot be found if a majority cannot be found by the members of the voting where is that section 25 26 section 25 26. When I just checked it earlier today that town clerk choosing by law contingency of if no nothing can be done in the meeting then the town clerk balloting or is the backup it's not in this documents in title 38 it's [13:23] Speaker D (unidentified): Not I'm [13:30] Speaker F (unidentified): Putting it back in certainly if you want to do it that way it's a long time if it's truly appropriate so the town clerk shall choose a person by [13:48] Speaker E (unidentified): A lot is what you're saying Nathan what I believe the intent was and I can't prove this on the issue of appropriateness the intent was if you have a board of people and they tried to nominate each person and the way a majority wasn't a favor of any person then the town clock dirt town club doing it by law was the backup contingency not that you would actually choose your share that way but that if you can't agree what do you do that's how I think it was written and it's still written that way And [14:18] Speaker F (unidentified): I have totally keeping it. [14:20] Speaker D (unidentified): The way it is one confirm that I wonder if any municipalities have [14:25] Speaker H (unidentified): actually had to well at the same time this is how we're going to operate as a select board we need to do it legally but it's about how we're operating guidelines so it has five individuals you can't choose one is a leadership position you've got bigger issues I'm [14:57] Speaker F (unidentified): Okay either way this is just a draft documents. Yep. Whatever any consensus you want to keep, choose a chairperson by a lot? [15:11] Speaker H (unidentified): In the ten years I've been on the board, there's always been able to be consensus on the roles. We didn't need a town clerk to decide anything, so I'd like to think that in the future it would continue that way. So I'm fine with a strikeout as presented. [15:32] Speaker B (unidentified): Nancy? So it says the absence of the most senior member present. That doesn't mean the oldest. It means the one who's got the most experience on the board continuous. Should I take offense to that? No. I'm the oldest. And that's clarified down below, but I just that was the meaning right there. That is the meaning. [15:53] Speaker F (unidentified): Because we are five people if the [15:58] Speaker H (unidentified): chair and vice chair [16:00] Speaker F (unidentified): We're not available, and the longest continuing service. It's like that. Yeah, right. Yeah. Term of office. The offices of the chair and vice chair have been banking on the office of the commissioner. The office, again, it's a one-year term. [16:38] Speaker I (unidentified): I'm sorry. There's a state law that might conflict with your last decision. I just did a quick search and there may be a state law that says a board that specifically does say if no member receives a majority the town clerk determines the chair by law and it's 30-A MRS I can send it to somebody if you want but you might want to look it up it sounds like there's a state law that covers it [17:03] Speaker H (unidentified): and we have a clarifying at the beginning of the document that if there's any conflict with any state law we'll follow the law [17:12] Speaker F (unidentified): I'm happy to keep your keep it in if it does thank you if it does state that it must be so we wouldn't want to contradict any law. [17:21] Speaker I (unidentified): It says it's a statewide fallback. [17:28] Speaker F (unidentified): So term of office, I don't think I need to read all that. It says term limits related to select with parity permissible only through a town charter. It is strongly recommended that the chair roll, which is a one-year term, rotate every two years. Again, we're not saying that it is going to be that way. It's just that is our normal operating continuity purposes. And the rest is when the chair and chair are not joined or absent, it's presumed that the prior responsibility falls upon the chair. The vice chair assumes such responsibility in the following instances. [Speaker C (unidentified): And then the] chair conducts all meetings workshop. The chair working with the town manager will prepare an agenda for each select board meeting. Between meetings with the town manager, the state current with town issues, I think, and vice chair. I would strike that out after reading it again. I'm not sure the chair and vice chair will routinely meet with the town manager. I think it's typically it's the chair in the absence of the chair of the town the vice chair, right, and that's already in there, right, so I think that was just I would suggest removing in and vice chair. The next one, I updated, but I'm not quite sure we actually need this one. The pandemic was in effect when we basically put in about payroll warrants and whether or not we wanna keep this on our, where the chair signs the weekly payroll warrants, the chairs aren't available, the vice chair signs it, the pools are unavailable. So, again, we put this in when COVID was still quite active, and it was allowable. So, it's not the pleasure of the board. I [19:54] Speaker H (unidentified): think it gives you options. I mean, currently, I think just about everybody is signing a payroll warrant, correct? [20:05] Speaker D (unidentified): That's correct. Right. But state law allows treasurer to pay what it is. Right. [20:12] Speaker F (unidentified): the only part about this here is that if you'll scroll over for a second Maria where I put the note and expand the note this policy would need to be readapted by the board vote to name the chair vice chair also I also believe that doing so this is the one section that needs to be voter approved. [21:03] Speaker B (unidentified): Even though it's state law? [21:07] Speaker F (unidentified): I believe this one. There is one of them that is signing logistically. Is that [21:18] Speaker H (unidentified): something you can... [21:20] Speaker D (unidentified): There's a disbursement warrant. [21:23] Speaker F (unidentified): Is it for the disbursement warrant? [21:34] Speaker D (unidentified): And we do have it upstairs. There is a disbursement warrant policy. But I'm not sure if that needs to be renewed. I believe that the municipality has it. That's something I can check on. [21:46] Speaker H (unidentified): I was going to say, just follow up on it. Item [21:57] Speaker F (unidentified): 5, the chair presides over meetings, maintains order and decorum among members of the public and decides on questions in order and procedure. The chair's decisions on recognition of speakers, order, and the conduct of meetings and finalists overturn on appeal in Article 5. Mr. Chair. [22:20] Speaker E (unidentified): Anything? I actually have something to say on 4, if that's okay, before we move on. All right. So this is a topic I asked about at the last meeting, and I said, It was told we could talk about it today. I have questions about the warrant procedures. I've had questions about the warrant procedure for a few weeks now. So for anyone who's not familiar with this, every week the warrants are signed or there's a multi-step process by which payments from the town are approved. And one of the steps is for the municipal officers to review and sign off on them. And four or five weeks ago a staff member told me that there was a security concern about taking the unsigned warrants downstairs because they had blank checks in them and there is a back door in the downstairs and that was fine with me it didn't mean much to me at the time but then a week later I was told that the new procedure was to always take the unsigned warrants downstairs. And this was a concern for me. So I would like to ask anybody here, is there anyone else who thinks that taking the unsigned warrants with the blank checks downstairs is a security [23:30] Speaker H (unidentified): concern? I don't have an issue if the town manager wants that as part of her process for us handling it. I can tell you if you're downstairs, you're on camera, everything's recorded. So if you took something, thing, you're caught. So for me, I don't see it as an issue. It's about the process that flows best for the town office and the town manager. [23:58] Speaker F (unidentified): We've used this process a couple times in the past as well. That was the easiest thing to do is to have them sign downstairs. And so this isn't something It calms [24:18] Speaker E (unidentified): me to hear that because that's a different one I've heard before. Second question I have about the warrants is, as you know, the questions about how do I ask questions about what I read in the warrant. So I think someone signing something that they haven't read and don't understand is not a responsible way to do things. As you all know, I'm desperate to ask questions and learn more about each piece of process. Process, so going forward, if I see something I don't understand, is there a way to ask a question and get an answer in a timely manner prior to signing? [24:51] Speaker H (unidentified): Well, your questions would have to go through the town manager, so it depends on whether she's there to answer your question immediately. She could be tied up on something else on a given day, but yeah, generally, you should be able to get answers in a timely manner, and if you have doubts, don't sign. All [25:18] Speaker E (unidentified): right I'm happy but do [25:32] Speaker H (unidentified): we have or appeal under article 5 is that documented within just making sure in [25:44] Speaker F (unidentified): order to fill the accident information I can scroll down basically yes the main public record public receding Freedom of Information Act by law select events required completed training course and a The FOA, again, aligning with what the current law reads. [26:14] Speaker B (unidentified): So it wants you to get elected, and if you get re-elected, you'd have to do it. [26:19] Speaker H (unidentified): The FOA training? [26:23] Speaker I (unidentified): That's why they run some things on the law. Right. [26:28] Speaker H (unidentified): That's why I just did it. [26:35] Speaker F (unidentified): Okay. I'm good. Unless we want to read through everything, I'm just going over the highlights. [26:40] Speaker H (unidentified): No, just for me, it's highlights. Yeah. I do have another meeting, and I know the town manager does shortly after 5, so we started on time. We can finish on time. [26:52] Speaker F (unidentified): So conduct of members outside meetings. Now, this is not to me, I'm not quite sure if this is the right heading or not. Conduct of members outside meetings means the conduct outside of meetings when we're still in official capacity. So the select board will use the following norms and rules in conduct in business between meetings. So I've struck all of what we currently had. I just thought about select board members' opportunity to communicate with members of the public. But it should refrain from... They should realize that they are not empowered to act individually on behalf of the town. Any requests from the public for information or action should be directed to the town manager that it doesn't need. Mr. Chair. [27:43] Speaker E (unidentified): Question. Mason. On the note, it says items 1 through 7 are removed as duplicates. Item 3, there is an expectation that they will come fully prepared, blah,, blah. I'm curious what the, where was it duplicated? I can get back with that later, if no one has an answer on the top of their head. [28:08] Speaker H (unidentified): In your notes, it says that items 1 through 7 and 12 are removed as duplicates. [28:18] Speaker E (unidentified): But I didn't see 3 duplicated anywhere, or maybe it was. [28:22] Speaker F (unidentified): I went through several times in iterations. because likely there are some artifacts in there. Oh. [28:28] Speaker E (unidentified): That was left over. So then is the intention to remove Article 3, or was the intention to only remove it as a duplicate? [28:35] Speaker F (unidentified): So Article 3. Item 3, sorry. Item 3. Okay. Item 3. If you could. Be completely prepared to discuss. Because I just wish for the information that has been barely available in advance of. The intention is that the items that are struck through 1 through 7 and 12, that basically would, this would be the new set of articles. So if there's something missing here, please feel free to propose. [29:23] Speaker E (unidentified): I would propose either keeping article, keeping item 3 in, or pointing out what duplication has been moved or so. [29:35] Speaker D (unidentified): I don't believe that it's it's been replaced in or even rewarded in the new section, so the board wishes we can add. [29:46] Speaker F (unidentified): it back in we should which it wasn't it wasn't intended to eliminate so. [29:56] Speaker H (unidentified): if you on red line three. [30:16] Speaker F (unidentified): basically members I think I don't some members request information arranged through with notice the town manager this one I went back and forth and right my attempt with this is the members request information Arranging meeting with the carbon header employee through the town manager The part that I struggled with where it said through or with notice of town manager My intent was that the town manager Was providing permission to go speak and I Apologize that's not exactly but you already have. that earlier on about. [31:12] Speaker H (unidentified): vote, select board members, not directing town employees, so it covers it to some degree. [31:21] Speaker B (unidentified): But doesn't this give you the way to do it? Because it's not allowed above. [31:27] Speaker H (unidentified): In the first part? Yeah. [31:29] Speaker F (unidentified): And what I was thinking about this here is that if you're looking at the letter of what we've written in our proposed bylaws are that I can get notice to Maria I am going to speak to the police chief about something that's not the notice that I right intended so I want to ask for clarifying language I know that I didn't know I didn't get it 100% where I want. [31:53] Speaker H (unidentified): to do it with your authorization I'd like to speak with a police chief or whatever is how it not just I'm telling you I'm doing this it's asking for. [32:04] Speaker F (unidentified): permission instead of windows for the approval of the town manager is really what it should be and your thoughts i think that's very appropriate with approval of the town manager who coordinates staff schedules priorities emails third way to ask questions so they reach the right person members do not direct staff or interrupt staff in the course of their work The next one is telephone communication between two select board members is permitted. Form conversation among more than two select board members should be avoided as not deleted verbally can be in a public forum and then it talks about participating in meetings by remote methods only in accordance with state law, all those taken remotely, roll call, [Speaker H (unidentified): all, how] many may not be connected remotely. In a remote participation policy, the select board applies to every other board and committee of the panel of the select board authorized [33:25] Speaker H (unidentified): body to adopt its own. [33:31] Speaker B (unidentified): So does this take place with us? Because when I first came to one of the first select board meetings, you were discussing whether or not you had a policy to do Zoom in and how many meetings a board member could have participated on. So does this take care of that? We don't have to do that policy? [33:48] Speaker H (unidentified): I think that's a different conversation. This is just so you can have remote meetings is the way I interpret this. You know, as far as what you're talking about is basically a select board member in attendance, whether it be virtual or in person. [34:05] Speaker B (unidentified): And should that attendance requirement or the ability to Zoom be in this document? [34:14] Speaker D (unidentified): We do have a remote... [34:16] Speaker H (unidentified): We do have policy. Right. [34:19] Speaker D (unidentified): And have its own policy about the remote participation policy adopted by the slipper applies to every other board and committee of the town, right? [34:33] Speaker A (unidentified): Geez, I just had a question about if you want to put language in there because if you have communication between two select board members it is full. So you have to keep a record of that conversation. Those are even on personal items. You have to keep it so it's able to be for requested [34:54] Speaker F (unidentified): there's a personal conversation that has nothing to do with the business of the [34:57] Speaker A (unidentified): town right that's right that part spot yeah absolutely yeah I just didn't know if there wanted to be some kind of playing you know I mean this so it's awareness or something like that if you're discussing tell business, even in personal communication. I'm just seeing it come up in a certain place, and I want to make sure. [35:22] Speaker H (unidentified): That's part of our training, though, yeah. [35:28] Speaker F (unidentified): It is part of our training, but it's a good point. Moving on. That was covered above. And [35:57] Speaker H (unidentified): we can scroll down. [36:12] Speaker F (unidentified): Conducting to corporate members. Again, number four is now state law. So we just put it in there. We will provide reasonable opportunity for public comment at every regular meeting as required by Article 5 and encourage public participation and enhances the decision making process. Chair shall be in charge of running meeting. Chairs will use an order to recognize speakers in the conduct of meeting. Stand and let's go return on appeal in article 5. The meeting will begin on time. Should adjourn within 2.5 hours, I don't know, 2.5 hours is too long, but 2 or 2.5, 2.5, all right, unless extended by an affirmative vote of the majority of members present, taking before the limit is reached. Members occupied the seat assigned by the chair, do not change seats, move furniture, microphones and nameplates, or a man at the table while the board is in session, a member who must step away briefly tells the chair, can we declare a short recess before a vote, member who is out of room when the vote is taken it is recorded as absent for the vote and does not come towards the quorum or absent. Question Mr. Chair. [37:41] Speaker E (unidentified): Mason. So obviously half of you know this is why we're here today this item four here so I have two comments about this and after that two questions. The first comment was inspired by something we heard at the August 18th meeting which at that time was quoted from a book called the social contract. And this is why item four is causing a discussion today. Moving to a seat in the audience during a meeting is a good thing because it stands as a symbol of my desire to work towards public enlightenment. As elected officials, our job is to bring the various viewpoints from the town into the meetings and showcase the friction of disagreement so that the public can learn from it. Politics was invented so we can resolve our differences using words instead of weapons. Standing with the public shows that I understand that my responsibility is to advocate for alternative viewpoints during meetings rather than conforming with the board. Occasionally vacating my seat lets the voters rest assured that my tribal identity still lies with my authority figures. My second comment is me walking around makes no logistical interference with the proceedings. So I have two questions. Number one, does my walking around make any interference with the meeting? And second, who is bothered by my signaling my allegiance to my authority figures in the audience? [39:08] Speaker H (unidentified): It can be disruptive behavior. It takes away from the decorum of a select board. [39:22] Speaker B (unidentified): Nancy? I've had people ask me why you're doing it and that it is disruptive. They felt uncomfortable with you shifting. I [39:35] Speaker F (unidentified): would say that when we are conducting the business as a board our seat is here and I'm speaking for what I consider to be my constituents whether the constituents are here physically or not it is not designed specifically for a specific board member. What I'm saying is that the power of each select board seat, we represent that person from here, and so therefore speaking for your constituency, and also part of it is staying on camera so people can actually see and hear you clearly in context of what's being discussed as a board. If each one of us started to move around to show which constituents were currently present in the room, it would multiply and become more disruptive. So it isn't a single person. I am not singling out Nate whatsoever in this one here. I am saying that by changing seats, moving furniture, if we decide to sit in that corner there where, if I decide to sit in that corner away from the camera or the public view, then that becomes more disruptive to me because it would be a decision that I could make. I think that as a whole entire board, speaking from where we are as assigned has a greater impact. [41:15] Speaker H (unidentified): And I will say also, Nathan, that you say this is half the reason why we're here. Not my opinion. We adopted these 10 years ago, and they're being updated. It's not just one article being updated, it's the whole document. Bill? I [41:44] Speaker G (unidentified): believe that when I come to this meeting for this meeting, I'm here to talk to these people in this room, including you. I'm not here to stand with anyone physically anywhere in the room. The only time I would think I would want to disassociate myself from these people at this table is if I have a conflict of interest and I want to make it clear that I have removed Remove myself from the conversation and I'm not trying to influence it in any way. Otherwise my place is here. I believe our analysis is too [42:13] Speaker I (unidentified): Yes So I just want to represent some of the autistic item number two most neurodivergent advocacy groups Would tell you to strike the word tone is very subjective And people who are not in order to know an over to often speak with tone. That is not the same as people who are, people who are not neuro-normative normally speak with tones that are not the same as neuro-normative. So if this is a living document, you would have potentially in the future people represented on the board who are not neuro-normative. We could just strike that. And secondly, I would say the same thing about number four. I can see the point about being on camera, that's a good one, but otherwise restricting people be seated in a particular way, in a particular space, at a table, et cetera, is a highly neuro-normative construct. [43:11] Speaker E (unidentified): Mason? So I'll respond to two of the comments that I've got so far. But first I'll say I'm glad we can have this conversation finally, because it's been a long time coming. Nancy said, people ask why I walk around. And I was very eager to talk about it on camera as soon as possible. And if anyone wants to talk to me about it more, please call me, email me, come see me on Fridays. Because it's a very important conversation to me, and I don't want anyone to feel like they didn't have a chance to ask me. And to the point about I made a comment, this is half the reason why we're here. If you look at the top of the document, these edits were submitted on September 30th, which was two weeks after a meeting. Back on July 7th, a different version of these edits were presented to the board. And if you go back to the packet on July 7th, you can see the edits that were suggested that day back on July 7th and how they differ from something that's two and a half weeks later. Look, all the edits that were added after July 7th, that will tell you what happened between July 7th and now. [44:25] Speaker C (unidentified): Yes? I would just like to add, as far as furniture goes, the way it's usually set up, I mean, granted, today we have the board up there for you all to go over and all that. Most of the time that's not part of the meeting. But to have you guys all facing each other, it's like you're just working in your own group where you are supposed to be representing the town people. And we would like to see your faces. And, you know, that's all. We just want to see you guys, and I think you should face the public. [45:02] Speaker H (unidentified): It. Thank you. Nathan? Sir, for the comments [45:06] Speaker E (unidentified): On the first sentence of this item 4, members occupy seats assigned by the chair. So does that mean that the seating arrangement could change meeting to meeting with no discussion? [45:18] Speaker H (unidentified): We may change his last meeting. Potentially, but not generally. [45:26] Speaker E (unidentified): But item 4 would allow the changes to be made by a single person, not multiple people, after having a discussion with the group. I [45:38] Speaker H (unidentified): believe it says the chair, right, whoever that is. [45:41] Speaker E (unidentified): My suggestion would be that the seating arrangement, being the contentious point that it is, should be at least, people should have a Discussion of what they're going to be expected to sit in, not to have surprises and Now for one person to tell everyone what they're going to do, because this is very important to me Anyway, I 'm not necessarily disagreeing or agree with any particular setup, just that at least to have a discussion as a group about it and whatever the arrangement is to then be written down and be subject to change only after discussion with people. I would prefer the bylaws reflect that the decisions were made collectively. If people agreed or disagreed, that's okay, as long as they had an opportunity to disagree. [46:32] Speaker B (unidentified): Sometimes we change the seating during a meeting because we realize we have to use the whatever [46:44] Speaker D (unidentified): the location of the TV is inconvenient [46:46] Speaker B (unidentified): yes it is inconvenient I agree so if we I mean we just move so it sounds like we would have to do a formal vote if we wanted to move to watch the camera any [47:02] Speaker H (unidentified): other feelings [47:05] Speaker E (unidentified): I'm not asking for a formal vote, rather a discussion, so like there was a couple cases where someone was absent, the room wasn't full, and people just choose we'll all just move over there because there's more space over for there right that when those were when those took place over the last month it was simply a matter of talking to the people say do you mind if i move over there or whatever it was nothing formal but it was a discussion occurs of some sort with the people who are making the change rather than one person directing like [47:42] Speaker H (unidentified): you said nathan it's it's occurred so i don't know is it is a big deal in my mind. I [47:50] Speaker G (unidentified): will say, this feels like grade school. When kids don't behave, they get assigned seats, and I think we're overthinking this. [47:58] Speaker F (unidentified): Yeah. Yeah, I mean, okay. I drafted up an envision of this here. This is not tips. You know, bylaws, this is like, this is why we're having a workshop right now. We can propose something. We're not going to vote on it today. this is just my thoughts you [48:27] Speaker H (unidentified): got the notes on that cross thank you let's move on members [48:35] Speaker F (unidentified): Speak only when I recognize for the check I'm there and likes the questions before the board. Do not interrupt another speaker and do not engage in personal attacks or our side conversations. If no breaches or the chair calls no to order by name and the member immediately cease to conduct speaking is before the conduct continues the chairman is there he says up to 15 minutes and direct conduct be noted in minutes and the Board may at that meeting or the next meeting censure the member after the member has had an opportunity to be heard. Censure is a formal expression of disapproval entered into the minutes. It does not affect the member's right to attend or participate or vote. And these rules apply to every member equally. Mr. Chair, I'll ask a question. Newsome? Two questions. [49:25] Speaker E (unidentified): Am I going to be able to vote on the motion for censure, and am I going to be able to make the motion myself? [49:33] Speaker H (unidentified): You're always able to vote on any motion on the table as a member of the select board. [49:41] Speaker F (unidentified): And what does your second question be? [49:43] Speaker E (unidentified): Will I be able to make the motion myself, censure? Why not? Absolutely. [49:53] Speaker B (unidentified): I understand. Yeah. So, Nancy? Are you thinking of censoring yourself, Nathan? [50:05] Speaker H (unidentified): No, one of the other select members. [50:07] Speaker B (unidentified): Okay, got it. I'm going to be the one that gets censored, I know. [50:10] Speaker F (unidentified): Actually, I do want to... Are you asking whether you would ask to censor yourself? That's where this is headed. Okay. That's... Yes, absolutely. You could ask to be censored. [50:30] Speaker H (unidentified): You can always make a motion, Nathan. [50:32] Speaker A (unidentified): Some [50:38] Speaker F (unidentified): members participating in meetings from the board table as members of the board, not from the podium, you can actually strike the podium. Strike podium? Yeah, strike podium. Not from other areas during public conference. [51:05] Speaker D (unidentified): Just the word podium? Not from... Not from the podium? [51:09] Speaker F (unidentified): Not from other areas during public conference. A member may raise any matter by placing it on the agenda on Article 5. A member who has recused from the matter because of personal financial interest may address the board on that matter as any member of the public may. And that kind of gets to what you were saying, Phil, of if he were recusing himself and went in to sit down. [51:58] Speaker D (unidentified): Yes. I have it on paper, too, so I'm there. I'm at your next section. [52:07] Speaker F (unidentified): Presiding off the quorum. This is just standard language. Unless somebody wants to read through it, I don't care. And this goes to the member present with the longest uninterrupted service calls meeting instead of senior. So maybe we might want to use that at the very beginning instead of saying senior. [Speaker D (unidentified): The longest uninterrupted.] The longest uninterrupted service. [52:31] Speaker G (unidentified): Yes. Anyone with double AARP cards? [52:50] Speaker F (unidentified): And then, talks about what a quorum is, regular meetings, [53:01] Speaker H (unidentified): let's scroll back up again because [53:03] Speaker F (unidentified): there was one thing that was significant that I'll look back and forth after reading that no shall be given each member and representative to the press, you know, at least four days in advance. I read through a few documents that said at least 24 hours in advance, do we want to keep it at least four days? I didn't want to slide past that without it. That is a substantial change in that saying at least 24 hours. I'm fine with keeping it at four days. Like I said, I went through a bunch of documents when I was looking at this and a lot of them had 24 hours. [53:41] Speaker H (unidentified): Well, my only concern is this. We've had the occasions that have come up that we didn't have four days notice. Right, the 24 hours is we need to meet tomorrow. That's happened a few times for emergency situations, so I don't believe it should be four days required. That was [54:06] Speaker F (unidentified): my thought as well, but like I said, I didn't want to scroll past it so quickly without showing that there was this significant change there. So public notice board meetings, Nancy? [54:22] Speaker B (unidentified): So what exactly do we do in posted notice to let somebody know of [54:30] Speaker D (unidentified): a meeting? We post it on the website, we post it here at the Fulton board, we try to keep the sign out front, it's on the calendar on the website as well. Are [54:44] Speaker B (unidentified): you required to send it to the newspapers? No. What's a newspaper? [54:52] Speaker G (unidentified): You're coming back to your W.A.R.P. part of the show. [54:56] Speaker H (unidentified): Is there a legal requirement for what [54:58] Speaker G (unidentified): qualifies as notice? Because I don't know. I thought there was, I mean, I thought it was as simple as if you go and tape it to a telephone pole outside, you've done the bare minimum, and then everything beyond that is the best ever, and we do what we can. It's about due diligence. It's come up that people want to see it on certain signs in certain places and certain platforms and text messages and this and that. It's not reasonable to get every single place in the world to do the best we can, but I don't know where legal requirement starts and ends and where our best effort starts and ends. Mason? [55:34] Speaker E (unidentified): The standard requirement varies by what type of meeting you're talking about. So town meetings have a higher burden. I believe the language is used as conspicuous. So by that language, you know, any judge can interpret however they want. Steve's market would probably qualify. For special meetings, it was noticed to the press. So, for example, if we send an email to whoever the journalist was, that would be the standard for the case called an emergency meeting. But it's varied based on the meeting. Thank you, Nathan. [56:08] Speaker H (unidentified): Yep, moving on. So, [56:20] Speaker F (unidentified): notice. Sorry, board members, only the business stated in the notice may be transacted at the special meeting. If the special meeting is talked about, the special meeting will be called by the chair. In seven days of written request, the majority of members will be called by the vice chair. If the chair cannot be reached, any gathering of three or more members at which time business is discussed is a meeting subject to the Freedom of Access Act. and members shall not deliberate by serial conversations, email, or text message. Order of business. Mr. Chair, there's a question. [57:10] Speaker E (unidentified): Mason. Number three has already been updated on our regular agendas. I realize what's written here is just a relic of copying and pasting the old format, but number three has been changed to public comment, not items on the agenda. Public [57:36] Speaker F (unidentified): hearings have finished business, new business, upcoming meetings, other business, No final action on an unposted item unless the majority finds it cannot wait for the next posted meeting. Town Manager's Report, Executive Session, Adjournment. That is the typical order. [57:57] Speaker B (unidentified): Answer. Why don't you guys wait to the end for the Town Manager's Meeting? [58:01] Speaker H (unidentified): Save the best for last? [58:03] Speaker B (unidentified): Well, sometimes I feel there's poignant information in a report that would help us make our decision. [58:11] Speaker D (unidentified): I have an answer for you, and I don't like the answer. Because that's how they've always done it. Well, no, I just feel like there are some municipalities that do it first. Or toward the beginning. Is that what you were going to say? I [58:26] Speaker B (unidentified): would move if it was mine. I'm making a comment. I'm just making a comment. [58:35] Speaker D (unidentified): Nobody stays for it, though. [58:39] Speaker B (unidentified): Yeah, but you've got information in that report. that's very high yeah it might stop a lot of people asking me questions [58:49] Speaker H (unidentified): so about this patient [59:23] Speaker G (unidentified): I don't think it's wrong, but it's it's inconvenient, that's all. What's inconvenient? Well, if one of us is unable to make it, but they could make it remotely, suddenly it's a big headache for the office because now everyone needs to be able to attend remotely, which that's law. I understand that it's law, and I'm not disagreeing with it. I just never fully understood the rationale behind it, and so it's it's in gaming, that's all. Yep, it is what it is. Yeah, you good? All right, so basically [59:56] Speaker F (unidentified): executive session, Mr. [1:00:01] Speaker E (unidentified): J, you have a question? Any second. Are we allowed to talk about what happened in executive session if the comment has nothing to do with the substantive business that was being discussed on the agenda? So for example, could I say during me the executive station Nate was wearing a green shirt with, but is that, or is it everything that happened in the room at that time is I [1:00:22] Speaker H (unidentified): don't know. I've never discussed anything that happened in an executive session, so when [1:00:29] Speaker E (unidentified): we look up the answer for later, because I've not found the answer. I'm curious about this. I [1:00:34] Speaker G (unidentified): I don't know either, but I also think it's being on the scope of our finalists. Okay. John? I say that because we have three minutes left. [1:00:44] Speaker E (unidentified): Are we going to finish this discussion later? I have a lot more. [1:00:48] Speaker G (unidentified): I have at least one more that we have to go back to, so I feel like we're running out of time. [1:00:53] Speaker F (unidentified): Public comment in state law requires a reasonable opportunity for public comment. I'm going to read the whole thing. Each speaker is limited to three minutes, whether or not two minutes, three minutes. Whenever we finally decide to vote on, again, lots of things that are taken from other towns that seems reasonable. Mr. Chair, do you have a question? [1:01:22] Speaker E (unidentified): Mason? The last paragraph says the chair may interrupt a speaker who disrupts the meeting, including by personal abuse. Does that mean that it's written that the chair may not interrupt personal abuse, and you could let this figure continue with personal abuse the way it's written here? That the chair has the option to allow the personal abuse to continue or not? [1:01:45] Speaker F (unidentified): No, because we talk about it being respectful up above. So therefore, the chair may decline to recognize or interrupt to conclude. If you have a better way of rephrasing this, I'm happy to, you know. [1:02:02] Speaker E (unidentified): I would prefer that personal abuse be explicitly allowed regardless of any preference. Like, there's no option to allow the personal abuse to continue that the policy itself says that the personal abuse must be interrupted. Rather than saying, because that whole sentence starts with the Chair May putting all these actions in optional. So [1:02:28] Speaker H (unidentified): You're saying it should be the chair shall is that what I'm hearing at least [1:02:33] Speaker E (unidentified): To the personal abuse this stuff I mean some of those could be shall may or shall that one I prefer to be a shall if it's threats I mean threats [1:02:59] Speaker G (unidentified): Yeah I feel like we're out of time but if someone wants to preserve something different for the next time we talk about this I'm all I'm open to hearing [1:03:31] Speaker H (unidentified): If we can get done just a few minutes because I do have another commitment I'd want some more. I'd like a little bit more. All right. Thank you, Mark. Page 1217. Page 12.