As you may recall from our Newsletter earlier this week, one of the actions taken by PPRTA with respect to the Town Moderator’s appointment of the former Town Manager, David Panagore, to the Finance Committee was to request an opinion from the Charter Compliance Commission as to whether this appointment violated the Town Charter. Today the Charter Compliance Commission concluded that Mr. Panagore’s appointment does indeed violate the Charter.
Specifically, the opinion reads:
“In reviewing the matter, the Charter Compliance Commission referred to Chapter 5, Section 4.b., as well as Chapter 1, Section 3.i., for the definition of "Town Board", which states:
i. "Town Board" means any elected or appointed body of the Town, either created by the Massachusetts General Laws, a vote of the Town Meeting, the Board of Selectmen, or this Charter. Town Boards may be titled as Boards, Commissions, or Committees. “Town Board” includes the Board of Selectmen, but not, by law, the Board of Fire Engineers or the Provincetown Public Pier Corporation.
The Commission determines that the intent of Chapter 5, Section 4.b., was to provide a "cooling-off" period in order to break the undue influence of a former employee - in this case the former Town Manager.
In addition, the Commission determines that there is an on-going working relationship between the Town Manager and the Finance Committee, as reflected in the following Sections of the Charter:
Chapter 4, Section 3.c.
c. With the approval of the Board of Selectmen, the Town Manager may transfer powers and duties from one Department or Office to another. With the approval of the Finance Committee, the Town Manager may transfer the appropriations of one Department or Office to another.
Chapter 6, Section 3.b.
b. The Town Manager shall submit the Long Term Financial Plan to the Board of Selectmen and the Finance Committee on or before October 1st. The Board of Selectmen and the Finance Committee shall conduct a joint public meeting on or before October 15th, to review the Long Term Financial Plan. At the same meeting, the Board of Selectmen shall adopt financial policies for the ensuing year’s budget and for the term of the Long Term Financial Plan.
Chapter 6, Section 6.b.
b. The Town Manager shall submit the Capital Improvements Program to the Board of Selectmen and the Finance Committee by the third Tuesday of January prior to the Annual Town Meeting. On or before January 31st, the Board of Selectmen shall act on it. Then they shall submit it to the Finance Committee, which shall issue its recommendations as part of its printed report on the Annual Budget.
These sections reflect that the working relationship between the Town Manager and the Finance Committee is not incidental or insignificant.
It is our Decision, based on the above, that the appointment of David Panagore, former Town Manager, as an Alternate to the Finance Committee prior to May 10, 2020, is in violation of the Charter. It is our recommendation that he should resign. He may be reappointed after May 10, 2020.
Moved and approved by the Charter Compliance Commission by a vote of 2-0-0.”
(bold added)
Now What?
The next step would be either Mr. Panagore resigns (as suggested by the Commission) or the acting Town Manager and/or the Select Board take action. Obviously, a violation of the Charter cannot stand.
As a reminder, moreover, three applications were submitted for two alternate positions on FinCom. With the decision that Mr. Panagore is not eligible, that of course would mean that the Part-Timer applicant would be the logical choice. After all, the Town Moderator said he has “excellent credentials.”
PPRTA will monitor and provide information as this unfolds. We wanted to update everyone quickly, particularly those of you who were preparing letters to the various local news outlets.
Pat
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About the PPRTA:
The Provincetown Part-Time Resident Taxpayers Association works for the betterment of the whole community of the Town of Provincetown by providing a forum and a voice for the interests of Provincetown part-time resident taxpayers, most of whom must make their voting residence elsewhere.
Goals
Maintain and support the unique quality of life that exists in Provincetown.
Advocate for representation on budget-related issues for part-time residents of Provincetown.
Provide a forum for part-time resident taxpayers to communicate with local, regional and state governments.
Encouraging the participation of part-time residents in all aspects of the community.
