Town Charter to Undergo Review

In a 5-2 split decision Monday night, the approved Councillor proposal to form a Charter Review Advisory Board tasked with scrutinizing the Town Charter and recommending changes to the regulations, guidelines and policies that determine how Middletown governs.

The vote also enabled the town to begin advertising immediately for interested applicants to serve on the board, which would be empowered to make recommendations on Town Charter amendments to the Town Council. However the council would retain final authority over deciding which changes would be put before voters as referendum questions for the final changes to be adopted as local law.

The council vote taken Monday night approved only the formation of an advisory board at this time and did not set any specific areas within the charter to be studied. Regardless of whether the Town Council requests specific areas of study, the advisory board would be able to perform a comprehensive review of the charter, town officials noted.

Silveira has also requested that the advisory board examine within the Town Charter: Non-partisan council elections; Giving local businesses an advantage for project bids; Prohibiting "political interference" by town employees; And eliminating certain collective bargaining language from the Town Charter that requires certain contractual obligations pertaining to employee numbers during contract negotiations. Silveira had of review prior to the Nov. 2 Election, but the Town Council seated at the time ultimately decided the new Town Council should decide whether to re-open the Town Charter since it would occur in the new term.

Councillors Antone Vivieros and Richard Cambra cast the dissenting votes Monday night to Silveira's motion. Viveiros maintained that such an advisory board should be elected by voters and not appointed by the council, echoing his unsuccessful state Supreme Court argument made several years ago when the town last re-opened the charter for review and Viveiros was leading a at the time. He had argued that appointed members violated the Rhode Island state constitution, however Town Solicitor Michael Miller on Monday night told Viveiros he "was surprised" to hear him bring up the issue again because the RI Supreme Court had determined "there's no requirement" the town must have an elected commission to review the Town Charter.

Cambra argued against some of Silveira's key arguments for re-opening the charter, particularly his proposals on non-partisan elections and barring town employees from political activity.

"I'm not sure it will make a difference…It hides who you are," Cambra said of non-partisan elections. He also questioned the constitutionality of preventing town employees from engaging in political activities.

Silveira noted the advisory board would be able to do a complete and comprehensive review of the charter, but maintained that he wants the board to examine his key points and come back with recommendations. "The ideas I proposed are just ideas. If the board decides they don't want to recommend those ideas, they won't," said Silveira.

Cambra offered that he'd like to see the advisory board look at council term limits instead, along with a mandate that council presidents be selected by popular vote as the top vote-getter in the election. "No more caucusing behind the scenes," said Cambra.

At the suggestion of Councillor Barbara VonVillas, who served as chairperson on the previous charter review board, council members on Monday night also agreed to take up more specific details about the newly formed advsiory board at the council's next meeting on Dec. 20.

Specifics such as the make-up and size of the board, as well as particular areas for review, will be discussed at that time.  In addition to Silveira's four points, Council invited all council members to bring forward any specific areas that would like examined by the new Charter Review Advisory Board.