Legislation & Administration standing Committee of the RTM

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Board/CommissionRepresentative Town Meeting (RTM)
Meeting DateAugust 15, 2024
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FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 86hoh4 20553
www. waturfordctorg
LEGISLATION & ADMINISTRATION COMMITTEE OF THE RTM
SPECIAL MEETING AGENDA
AuGustT 15, 2024 7:00 P.M.
WPD TRAINING RM (41 AVERY LANE)
1. Establishment of quorum and call to order.
2. Public Comment.
3. Consideration and action on minutes of the February 22, 2024, committee meeting.
4. Consideration/review of issues previously referred to committee:
¢ Review how RIM considers recommendations for committee assignments (RTC 6/6/22)
¢ Public Act 22-3, AAC Remote Meetings Under the Freedom of Information Act (RTC 2/6/23)
¢ Review of a “Public Comment Ordinance” (RTC 2/6/23)
¢ Police Commission expansion to seven members (RTC 10/2/23)
5. Initial consideration of Review of YFSB/Senior Citizens ordinances (RTC 8/5/24)
6. Adjournment
encl: L&A Minutes 2/22/24
Childs Letter re: YFSB/Seniors Reorg
Kepple/Avena Letters re: YFSB/Seniors Realignment
Chptr 2.96 YFSB Ordinances
Chptr 2.72 Senior Citizens Comm Ordinances
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Legislation & Administration Committee Mecting Minutes-—Feb. 22, 2024
Mewier: Prennt Susan Driscoll, Tom Dembek, Mark Campa, Ursula Morushead
Menten elisent Chrsstina Jessuck
1. Call te order: Chair called the meeting to order at 7:08 pom.
2. Public comment: Nor,
3
Previous Minutes: Motion by Dembek, second by Moreshead, to approve the Sept. 18, 2023, minutes as presented.
Voice vote: Unanimous Musica passed,
4, Diahal considesstion of issure previously referred:
* Review how RY'M considers recommendations for committee avdyranents (RTC 6/6/22)
* Public Act 22-3, AAC Remote Meetings Under the Preedom of information Act (RIC 2/6/25)
» Revinw of a “Public Comment Ordinance" RTC 2/6/33)
* Police Commission expansion to seven members (RTC 10/2/23}
Per the benefit of new members who were net in offiee when these ixeucs were referred, discussion started with brie?
desciption of reasoes fur/ goals of referral requests (except for PA 22,3 review, for which ao written request wus submitted),
Consensus to focus first ont the public comment and RTM appointment issues, which both involve expanding public
participation, aad address the uther tan issues in future mvetirges.
RYM appointment process: While the charge was to look for ways te “de politicize” appointments, members axpressedd
interest in makeng all appointments mete open to all citizens, Consensus to start with pust RMT uppoingnents for new. ‘The
traditional process of taking secommendations only from Demoerat ind Republican Town Committees wis explained. Majority
of comunitice members felt that chis provided no opportunities fez a hinge aection of dhe popalation whe might he interested in
volunteering fur public seevice to be “sponsored” of even be aware of the numercus boards and commussicas, Suggestiuns
included quarterly pustings of expiring terms——on the dawn website's main paze oc on Commission shes, at Phe Day, in ‘The
Loup, and ue bulletin beards in the Town Hall and Comneanity Center, Another apgon might be exeating x new RPM.
Nominations / Vacancies Committee to laterview fvet/recommend candidates for boards and commindons, Campo offersd tn
draft a process map for cotrent appointment methud; Moreshead oHered tes write up benefits /yuals of 2 revised prowess,
Pubs comment: Costsensus that with limited board /eonunission fesporic to REM fan 2029 reeomunendation to inchide
public comment periads, providing written guidance to these specialized groups would be helpfat—e.y., setting parameters such
as time limits for each speaker of restricting comnments tu agenda items, and explaining that itt not a Q&A session, but
speakers could contact boards! commission members after the meeting if questions weren't anewered. in deliberadion. ‘The
POIs requirement that while there is some fextbibty a handling pablic comment periods, the standards/roles during each
public comment pericd rant be applicd equally to all speakers. ‘Trwn Attomey will be cossulted on whether RTM options
inchule cudifying universal public comment periods through ordinance, resoludon, of “strony reconmmendatin,”
§. Adjourrmens: Megen by Moreshead; second by Campo to adjoum at 9:02 pam, Vice wre: Unaninwss,
Submitted by
Susan Driscoll, L&A Chair

August 1, 2024
To: —- Paul Galdstein, RTM Moderator
15 Rape Ferry Rd
Waterford, CT 06385
Fram: Mary Childs, RTM District 2
Re; Request for referral of Issue to Legislation & Administration Committee
Mr Moderator:
As you may recall, the RTM first learned of the reorganization of the Youth and Family Services Bureau
and the Senior Citizens Conunission during our May 2022 budget hearings. it came as a surprise to many
of us that, several months previously, following the departure of the Senior Citizens Director, a decision
was made to have the YFSB Director oversee both agencies so that our senior services would not be left
to flounder, In the discussion that followed, we learned that this was nota temporary action, and that
details such as whether the two agencies would be combined, what staffing changes were planned, were
still being worked out.
We were assured that a full explanation of the new organization would be forthcaming later in 2022.
When that did not happen, | requested that the First Selectman schedule a presentation to the RTM, and
he graclously assured us that he would do so after the 2023 budpet hearings.
As Waterford’s legislative body, the RTM is responsible for codifying any changes in the makeup of our
town government, which includes departments, agencies, boards and commissions. ideally, the review,
revision, and public hearings on the applicable ordinances takes place before a reorganization is
implernented. Failing that, we still must take the appropriate action, even if it is after the fact.
I respectfully request that the issue of the YFSB and Senlor Citlens Commission reorganization be
referred to the Legislation & Administration Committee for appropriate consideration and ultimate
recommendation to the full RTM. | expect this would Involve a review of the following ordinances:
Chapter 2.96, Youth and Family Services Bureau; Chapter 2.72, Senior Citizens Commission: and Chanter
2.08, Town Olficers, There may be other ordinanices to check, depending on cross-references, but | trust
the committee and the Town Attorney will address them as needed.
Thank you for your consideration of this matter.
Mary Childs, RTM District 2
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Suisman. Shapiro
Attorneys-At-Law
July 29, 2022
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Biren eeu First Solectnuam Rob Brile has asked me to respead to your recent questions about the
ashatiy es Rega realignment of staff responsibilities for Senior and Youth and Fanily Services. The shift he
Seah Bias staffing responsibilities wag initialed by the Finst Selectman tn response to two staff vacancies in
p pe
Rene W. thier our Senior Services organization. Pursuant to his authority under Sections 3.2.4 and 3.2.5 of the
etapa Waterford Charter (see attached) which grants in Suction 3.2.3 the chief executive the power to
unica 7b “direat the administration of all departinents and officers” which authority is Gicther dated in 1.2.5,
_ #All town agencies and officials with the exeeption of the beard of education shall be under the
MAG Sally administrative aigervistan of and repost to the First Selectnan acting for the Board of Selectman."
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paderrh Revie Please also note Section 6.3 of the Charter entitled “Controlling Authority* which states,
Bia K Sia “Hy the event thal any provisions af ay apecial act or ordinance af the town shall he In conflict
seoush 4k Met with the provisions of this charter, the provisions ofthe charter shall be controlling.”
han A apd ‘The language in the Charter regarding the exeoutive authority of the First Selectman was
Rated fared sebyequent to the ordinances regarding Youth and Family Services and the Senior Citizens
Comission; therefore, Section 6.3 applies and the Charter language controls. Nevertheless die
beMemitiin to Rob's efforts collaborating with these Commissions, Human Resources, Town ind Labor
Counsel and ihe Persniind Review Board s consensas wag achieved whore all parties were in
Havdeced t Read
agreement with the revised staff responsibilities (please sue attached PRE menting minutes).
Tovecn Y. Mewacua
fees Sieeey fn cur opinion, therefore, ag Town Counsel, thers is no “risk to the Town arising from
J. Rah tty Si the proper exercise of the First Selectman’s authority ta admlalster Senies and Youth and Pantily
Maked Y Sige Services in a manner he and the tvo inferested Conunissions see as the most effective manner to
Miushew Sata adninister these services.
Bes, Ad hap
Sincerely, . “y
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Lunds asa “ icholas F, Kepple
Waterford Towa Athimey
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doy Whaske ee: Robert Brule. Baird Welel-Calllas, BHI Sheeluin, Rlizabeth Sabilla, Jody Nazarehyk, Joc
aah A Seas Filippaitl, Kevin Petchark, Kimberly Allen, Ronald Fedor, Robert Tuneski, Riloen
Dupyan, Robert Avena
A Tradition af Innevee tive Solteti ions
“Salsman, Shapiro, Wool, Brennan, Gray & Greenberg, Re,
2 Usion Plaza, Suite 200 © 1.0. Bax 1397, Mew London, CT 06320
Phone S6044244415 © fax 860.442.0405 © venysuiemanshagirs.cam

Robert Brule
From: Robert Avene <RAvenadsewogg.com>
Sent: Wednesday, july 20, 2022 11:47 AM
To: Robert Brule; Nicholas Kepple
Subject: FW: Creation of Human Services Pasition
nder's email address and know thé
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_ Pass ‘CAUTION: This email originated from outside of the organization. Wes
| Do not click links or open attachments.unless you recognize th
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Dear First Selectman Brule: The Town Attorney's olfice took several steps in legally evaluating the proposed new
position of Human Services Administrator and the positlan relative to the existing town positions, involving the Senior
Citkens Commission and Youth and Family Services Bureau. With the assistance of your office, Human Resources, Labor
Counsel, and the existing administrators, we took a look at the Town Charter, specifically in regard to the powers of the
First Selectman regarding emplayees of the town, and any other specific language in the Charter regarding the Senior
Citizens Commission and Youth and Family Services Sureay, and the Personnel Review Board, We also involved labor
counsel to work with the union on any union contract Implications for the new positian and existing union employees.
We alsa reviewed all applicable Ordinances regarding the respective Senior Citizen Commission and Youth and Family
Services Bureau.
Our legal review conchided that the First Selectman is the chief executive officer of the town and“ shall direct the
administration of all departments and officers * subject to any functional responsibilities or gutharity of any other town
agency or official under state statutes or other authorities, We therefore looked at the creation of the Senior Citizan
Commission under 4.4 of the Charter, and its requisite Ordinance, the Personnel Review Board under 4.5 and its
ordinance, and the Ordinance creating the Youth and Family Services Bureau. Given that both the Commission and
Bureau, upon consultation, had no issue with the reorganizing of the assigned town staff to them, we then locked to
the rules of the Personnel Board to propose, through HA, the role and position of Human Services Administrator, which
met its approval, With the assistance of labor counsel, the applicable town unian also agreed to the reconfiguration of
the union town employees under the rules of the union contract. Once these steps were taken, the First Selectman,
working closely with the staff and members of the affected Commission and Bureau, and HR, made the final selection af
the requisite neve position employee and reconfigured staff, Not all staff departments in town have specific ordinances
in place, so the deciston to create an Ordinance regarding a proposed Haman Services Department would rest with the
legislative initiative of the RTM,
Robert A, Avena, Esquire
Suisman Shapiro
20 South Angullla Road
P.O. Box 1445
Paweatuck, CT 06379
Direct Lines (860) 650-8008
Main Line: (860) 442-4416
Facsimite: (860) 599-3778
E-maik ravenadisswhes con
Firm Website: www suismanshapiro.com
LI“CUOsVZ IVA
QUOd2Y BOs SAIB8
ond ob S~ ONY HI

Chapter 2.96 - YOUTH AND FAMILY SERVICES BUREAU!)
Footnotes:
on (Jom
Editor's note— Amend. of February 4, 2019 amended Ch. 2.96 and in doing so changed the title of said chapter from "Youth Services
Bureau" to "Youth and Family Services Bureau," as set out herein,
2.96.010 - Authority.
Pursuant to Chapter 164, Part 1, Sections 10.19m-10.19p of the Connecticut General Statutes Annotated, and
Chapter Il, Section 3.1.1 of the town Charter, there is established a Youth and Family Services Bureau for the town.
(R.T.M. 12-3-90, § 1)
(Amend, of 4-1-19)
2.96.020 - Purpose.
The Youth and Family Services Bureau shall be the coordinating unit of community-based services to provide
comprehensive delivery of prevention, intervention, treatment, and follow-up services. The Bureau shall be
responsible for the planning, coordination, evaluation and implementation of programs for the youth and families of
the town, including services for delinquent, predelinquent and troubled youth referred to it by schools, police,
juvenile courts, local youth service agencies, parents and self-referrals by needy youth.
(R.T.M. 12-3-90, § 2)
(Amend. of 4-1-19)
2.96.030 - Duties.
The Bureau shall be responsible for administering the overall policy and program direction of youth services. This
agency may provide, but shall not be limited to the delivery of, the following services: individual and group
counseling, parent training and family therapy, crisis intervention, drug alcohol awareness, dial-a-teen job
placement, court advocacy, information and referral, and outreach programs to ensure participation and planning by
the entire community for the development of youth services. The Bureau will also encourage positive youth
development and programs supporting services for families. Such services shall also be designed to meet the needs
of troubled youth by diversion of such youth from the justice system as well as by the provisions of opportunities for
youth to function as responsible members of their community.
(R.T.M. 12-3-90, § 3)
(Amend. of 4-1-19)
2.96.040 - Personnel.
The Bureau shall be composed of a full-time Youth and Family Services Director and such additional personnel as
required, within its budget, to carry out the programs and mission of the Waterford Youth and Family Services
Bureau. The Youth and Family Services Director shall be hired by and responsible to the Board of Selectmen of the
town,
(R.T.M. 10-6-97 (part}: R.T.M. 12-3-90, § 4}
(Amend. of 4-1-19)
2.96.050 - Authorization.
A. The Bureau shall be authorized to apply for such federal and state funds that are available for youth and
family bureaus and programs.
B. The First Selectman shall be authorized to sign such contracts with service agencies or associates that will
provide assistance in the implementation of youth programs, provided that legal authority is received from
the Board of Selectmen prior to taking such action.

C. The advisory committee shall be authorized ta accept only gifts and donations. Such gifts and donations
shall be deposited in the Waterford Youth and Family Service Bureau's special revenue account and used
for the specific purposes designated at the time of the donation/gift.
(R.T.M. 10-6-97 (part): R.T.M. 12-3-90, § 5)
(Amend. of 4-1-19)
2.96.060 - Advisory committee.
A. Camposition of Advisory Committee.
1. The committee shail be composed of no less than eight required members at all times.
2. The committee shall include the following: the chief of police, the superintendent of schools, the director
of recreation and parks, and the municipal agent for children or their designated representatives; one
representative from a private youth serving agency, two parents representing different school levels, one
student representative.
3. The advisory committee may also contain other representatives of town agencies, parents, students and
members of the community at large.
B. Appointment of Committee Members.
1. Appointments are to be made by the Board of Selectmen after consultation with the Youth and Family
Services Bureau Director and chairperson of the advisory committee.
2. Members of the committee shall be appointed for three-year terms; except that the initial appointments
of the committee, or of any increased membership on the committee, shall be made for a term of office
from one to three years so that one-third of the terms will expire each year. Vacancies in unexpired terms
shall be filled for the remainder of the term.
(R.T.M. 4-6-98: R.T.M, 10-6-97 (part): R.T.M. 12-3-90, § 6)
(Amend. of 4-1-19)
2.96.070 - Funding.
The Bureau shall be funded through a budget which has been reviewed and approved by the Board of Selectmen.
(R.T.M, 12-3-90, § 7)
{Amend. of 4-1-19)

Chapter 2.72 - SENIOR CITIZENS COMMISSION
2.72.010 - Created—Membership—Purpose.
There is a commission consisting of eight persons who are each electors of the town, to study the needs of, sponsor,
initiate and coordinate programs of the senior citizens of Waterford.
(Prior code § 2-131)
2.72.020 - Designation.
The commission is known as the Waterford senior citizens commission.
(Prior code § 2-132)
2.72.030 - Compensation—Appointment.
Members of the commission shall serve without compensation and shall be appointed by the representative town
meeting for terms of three years. The terms of current commission members shall remain unchanged.
(R.T.M, 10-2-00: R.T.M. 6-1-92: prior code § 2-133)
2.72.040 - Meetings.
The senior citizens commission regular meetings shall be scheduled as approved by the commissioners on an annual
basis, filed with and posted by the town clerk in December of the preceding year. Additional meetings may be held at the
pleasure of the commission if filed with and posted by the town clerk as required by Connecticut General Statutes.
(R.T.M. 12-5-94: prior code § 2-134)
2.72.050 - Organization.
The commission shall elect from its membership a chairperson and a representative as liaison to the regional
commission on aging, each to serve for a term of one year.
{Prior code § 2-135)
2.72.060 - Duties.
The commission shall:
A. Identify, analyze and evaluate services and facilities for Waterford senior citizens provided by public and private
agencies of the community, state and federal governments;
B. Formulate and administer policy while continuously studying conditions and needs of Waterford senior citizens
in relation to housing, economics, employment, health, transportation, recreation and other matters concerning
their welfare; and
C. Define the term "senior citizen" as it shall be construed for the purpose of administering the duties and
responsibilities of the commission.
(Prior code § 2-136)
2.72.070 - Authority to employ necessary staff.
The commission is authorized to employ, within its budget, staff necessary to implement a comprehensive senior
citizen program as contemplated by this chapter.
(Prior cade § 2-137)
2.72.080 - Finances.
The financial needs of the commission shall be funded in the same manner as other town commissions, except that any
gifts and donations, without limitation, to the Waterford senior citizens commission shall be deposited in the Waterford
citizens commission's special revenue account and used for the specific purposes designated at the time of the
donation/gift.
(R.T.M. 2-5-03 (part): prior code § 2-138)