What voters won’t be asked about

Not every Town Charter change proposed by the Charter Review Committee (CRC) was approved by the Town Council back in June and July.

One CRC recommendation that will not appear on the ballot was for the town to switch to nonpartisan elections for School Committee. That measure was voted down 5-1, with the only Republican on the panel, Keith Hamilton, voting in favor to follow the CRC proposal.

In a nonpartisan election, no political affiliation, if one exists, is shown on the ballot next to a candidate. Supporters say such elections would allow for federal employees — people who work at the Naval War College, for example — to run for office, since the federal Hatch Act prohibits them from competing in partisan elections. Nonpartisan elections would also force voters to learn more about local candidates and what they stand for, some proponents argue.

Opponents of nonpartisan elections argue they deny voters valuable information because there are clear differences in how Republicans and Democrats approach local issues. Nonpartisan elections can also lead to lower voter turnout, opponents say.

Also voted down was a CRC proposal to bar any council member from simultaneously serving on any “quasi-municipal corporation,” such as the Portsmouth Water and Fire District.

Mr. Hamilton again voted in favor of the CRC recommendation, saying there are inherent conflicts with serving on both boards since both the water board and the council set taxes for town services. Council member Andrew Kelly, who currently serves as water commissioner on the District’s administrative board, abstained from voting.

PORTSMOUTH — When local residents go to the polls on Nov. 3 or fill out their mail ballot in advance, they’ll be asked to do more than just select their favorite local, statewide and national candidates.

Portsmouth voters will also be asked to approve or reject numerous changes to the Town Charter, the document that defines local government’s organization, powers, functions and procedures.

In June and July, the Town Council voted on a number of charter revisions to put on the November ballot after receiving recommendations from the Charter Review Committee (CRC), a group of about 20 citizens who were appointed in January 2019.

Here are the proposed Town Charter changes, as they will appear as Questions 2 through 13 on the local ballot, along with their intended effect:

2. Grammatical revision and council number, term, selection — “Shall Article II, Section 201 of the Portsmouth Town Charter be amended to make a minor grammatical revision and to provide that all candidates for Town Council be listed on the ballot in an order to be determined by the Board of Canvassers by the drawing of lots?”

Effect: Eliminates old language that allowed listing candidates in alphabetical order, or in an order set forth by endorsement papers submitted by the local Democratic Town Committee. 

3. Town Council, president officer — “Shall Article II, Section 204 of the Portsmouth Town Charter be amended to clarify that in the absence of the Town Council President, the Vice President shall be the presiding officer?” 

Effect: Adds language that states if the president is absent, the vice president is the presiding Town Council officer.

4. Town Council powers — “Shall Article II, Section 207 of the Portsmouth Town Charter be amended to clarify the process for Council appointment of individuals to committees, and to provide for Council approval of an Emergency Management Plan?”

Effect: Clarifies that the council can appoint individuals to town committees only from a list of those who have submitted applications to the clerk. It also adds that the council shall approve an emergency management plan that includes a chain of command. 

5. Provisional budget — “Shall Article II, Section 208, paragraph 2 of the Portsmouth Town Charter be amended to add language requiring the provisional budget to be published on the Town’s website, in addition to a newspaper of general circulation in the Town?”

Effect: Adds a requirement that the provisional budget be published on the town’s website in addition to a newspaper.

6. Fire Department — “Shall Article VI, Section 602 of the Portsmouth Town Charter be amended to provide that the Fire Chief shall have at least ten (10) years’ experience in the fields of fire-fighting and fire prevention?”

Effect: Increases the requirement that the fire chief have at least five years of experience to 10 years.

7. School Department, School Committee compensation — “Shall Article VII, Section 704 of the Portsmouth Town Charter be amended to change the words ‘salaries’ and ‘salary’ to ‘compensation’? 

Effect: Clarifies that School Committee members are not salaried employees by changing what they receive from “salary” to “compensation.”

8. Selecting School Committee clerk — “Shall Article VII, Section 706 of the Portsmouth Town Charter be amended to use gender-neutral language and clarify the process for selection of a Clerk of the School Committee?”

Effect: Changes “chairman” to gender-neutral “chair,” and clarifies that the clerk is elected by the School Committee in the same way as the chair and vice chair.

9. Appointment of a superintendent — “Shall Article VII, Section 708 of the Portsmouth Town Charter be amended to clarify that the Superintendent of Schools shall be appointed by a vote of a majority of school committee members?”

Effect: Adds language saying the superintendent must be appointed by a majority vote of the School Committee. This is the current practice, but it ensures that in the future, a chair cannot unilaterally appoint a superintendent.

10. Appointment/removal of other school employees — “Shall Article VII, Section 710 of the Portsmouth Town Charter be amended to revise and clarify the process for Appointment and Removal of Other School Employees?” 

Effect: To follow state law, this eliminates language that gives the School Committee power to give “advice and consent” about school department employee appointments.

11. Public records — “Shall Article IX, Section 902 of the Portsmouth Town Charter be amended to provide for consistency with the Rhode Island Access to Public Records Act?”

Effect: Eliminates language that allowed the Town Council to refuse access to public documents because it held the “opinion” that disclosure would “tend to defeat the lawful purpose” of the documents. Removing this language removes a restriction to accessing public documents in accordance with state law.

12. Conflict of interest — “Shall Article IX, Section 903 of the Portsmouth Town Charter be amended to provide for consistency with the Rhode Island Code of Ethics?”

Effect: Adds the language, “including but not limited to financial benefit,” to recognize that a conflict of interest could involve more than just financial benefits. It also clarifies that notice of conflict of interest must be submitted in writing to the town clerk.

13. Collective bargaining — “Shall Article IX, Section 913 of the Portsmouth Town Charter be amended to delete the words “including School Department employee unions” to provide for consistency with state law? 

Effect: Removing this language recognizes that, as required by state law, it’s the School Department’s role to negotiate contracts with school employee unions and the role of the Town Council to vote on the bottom line of the School Department budget. 

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