Tell Everyone What the Rules Are

This past January I was preparing petitions to propose warrant articles for Town Meeting.  One of my proposed articles was a new by-law to establish a process for the hiring of town employees.  I was using the existing Town Bylaw VII, Legal Services, as a “straw-man”.  Town Bylaw VII defines a process for hiring Town Counsel.   The original question I had was “If we have a bylaw for hiring Town Counsel, why don’t we have a bylaw for hiring other Town employees”?  Much discussion ensued and other residents began to question “why haven’t the selectmen competed the contract for Town Counsel in accordance with Town Bylaw VII”?  In response to this questioning the Town hired outside counsel to advise what Town By-Law VII really required.  Outside counsel advised “Town Bylaw VII is in conflict with our Town Manager Charter of 1994 and the Charter is the exclusive word; even if it conflicts with a previously passed statute”.  I find this very confusing.  In every other “incorporated organization” in which I have participated, Charters do not define process.  They define privilege and purpose for the authority created in the charter.  Bylaws are the vehicle for defining internal affairs and process.  Basically, our Charter assigns the responsibility for hiring the Town Counsel, the Town Manager and a Town Account to the Selectmen but we have no defined process to hire, compete and/or reappoint qualified applicants for these positions.  The process is totally at the discretion of the Selectmen.  Are there other conflicts between our by-laws and our Charter?  Do our bylaws really describe the processes we use?   Perhaps it would be appropriate to immediately review our bylaws, certify our actual practices are in accordance with our bylaws and our bylaws do not conflict with our Charter.  Interested taxpayers would like to know what the rules are.  Sudbury, we can do better. 

In the interest of full disclosure, I am a candidate for Sudbury Selectman in the 25JUN2013 election