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November 13, 2023, Finance Committee Meeting. Minutes
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Canton Finance Committee Minutes Voted on: 12/4/23
801 Washington Street Vote: 6-0-1
Canton, MA 02021
Meeting Minutes
November 13, 2023
Finance Committee Members Present: Dave Clough, Dan Cole, Karen Foley, Emilio Mauro, Tim McKenna and
Cindy Thomas.
Finance Committee Members Absent: Maureen Menconi, Kristin Mirliani and Reuki Schutt.
Guests Present:
Liza Colburn, 89 Randolph Terrace
Kathleen Howley, 43 Sherman Avenue, Sponsor of STM Articles 2, 3, 4, 5, 6 and 8
Ellen Jones, Finance Committee Recording Secretary
Rita Lombardi, 18 Kings Road
Randy Scollins, Finance Director/Treasurer/Collector
Call Meeting to Order: Ms. Thomas called the meeting to order at 7:00 p.m.
Review of the Agenda - Chair Cindy Thomas – Ms. Thomas reviewed the agenda items that included review of any
outstanding issues related to the Finance Committee Recommendation/Discussions to the Voters, an update on
elected officials’ compensation, and a brief discussion of the role and assignments for Finance Committee liaisons for
the upcoming the budget season. With three members absent from the meeting the liaison discussion will take place
at a future meeting.
Article 1 Motion 2 – Update Regarding Paper Ballots and Secret Ballots
Ms. Thomas received an update at 6:30 p.m. prior to the meeting that a decision had not yet been finalized on whether
or not paper ballots would be used at Special Town Meeting (STM) or how that decision would be made whether or not
it would be the Town Moderator’s decision or the voter’s decision and that it was still a work in progress. Ms. Thomas
also stated that it was her understanding that considerable work by the Town Clerk and others at Town Hall has been
done to ensure that if there is an option to move forward with paper ballots at the first night of STM that they will be
prepared.
Ms. Thomas addressed the issue with regard to the language of secret ballots. It is important to note that while that
method is more private than the hand-held voter cards, the secret ballot is still a paper ballot that others might see
and, while more private than holding up a yellow card, it is not truly a secret ballot. There has been concern expressed
from some people that voters might find the terminology misleading regarding the use of the language of “secret
ballot”.
Article 6 – Independent Investigation into its Select Board and Police Department – Review of the Motion
Ms. Thomas stated that there was a concern brought up by a Committee member that the motion that was printed in
the final copy of the Finance Committee Recommendations had changes of significance from the original voted motion
and that it should be further discussed as a Finance Committee.
The motion in the Recommendations document started with “That the Town of Canton Chief Procurement Officer is
authorized . . .” The Committee revisited the language in the Recommendations. Many times, there are wording
changes due to Town Counsel’s review while not intended to change the intent of the motion. For the future, since
discussions of motions can often be “messy”, the Committee will take a pause and reread the motion in its entirety, so
that Committee members know exactly the language of the motion they are voting on.
Ms. Thomas turned the meeting over to Mr. Clough who had concerns about the motion. He stated that at a prior
meeting he suggested having the Article 6 motion in writing due to it being a lengthy motion. If it was not in writing, it
could be interpreted in different ways. Mr. Clough stated that the motion that appeared in the final copy of the
Recommendations did not appear to be accurate to the actual motion that the Committee voted on at the November
1st Finance Committee meeting.
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Mr. Clough had reviewed the CCTV recording of the November 1 meeting and he believed that the main difference between the voted motion and the printed version in the Recommendations was that the Committee chose a committee appointed by the Moderator to work with the Chief Procurement Officer to select the qualified bidder as opposed to the Chief Procurement Officer selecting the auditor to run the investigation. The following is the language that Mr. Clough believes to be in the motion: “The Finance Committee recommends that there be an independent review of the Canton Police Department regarding administrative procedures, compliance matters through a committee created by the Town Meeting that will consist of three to five members to procure a committee of the investigation to develop an RFP (Request for Proposal) to address the stated intent and participate in the bid review in compliance with Massachusetts General Laws Chapter 30B Section 6 of the Procurement Laws …”. He stated the motion then addresses the funding aspect for the review, which he did not have any issues with. Mr. Clough was concerned more with the selection process and how that position would be chosen. In addition, Mr. Clough stated that Town Counsel sent additional recommendations. Town Counsel had mentioned a separation of powers issue. Mr. Cough stated that if the motion in the Recommendations is compared to language that Town Counsel had suggested, there would be two words injected into it, but Mr. Clough did not see how that would solve the separation of powers issue in regard to addressing compliance in the third sentence and changing a word from “that” to “than”. He understands that what Town Counsel has suggested was different than the motion that the Committee had voted on and might require additional changes to the Committee’s original motion but he recognized the importance of getting the baseline motion correct before starting the STM. Ms. Thomas stated that when she had reviewed the Committee’s original motion that it actually stated the committee would be created by Town Meeting, which would be problematic to try and create a committee at a Town Meeting. She did not think the original motion stated that it would be created by Town Moderator. Ms. Thomas inquired of Mr. Scollins if there was any technical issue involved with procurements and anything that determines in the laws or regulations how that committee is identified. Mr. Scollins addressed the comment by Town Counsel regarding the separation of powers. He thought that meant that the Moderator could not select the procurement committee. Mr. Scollins could not see a reference in the motion to the separation of powers in the motion with regard to the legislative branch and executive branch. Ms. Thomas acknowledged Mr. Clough’s reference to the significant change in the motion with regard to how the procurement is managed and was a significant change with how the Committee originally voted. She stated that the Committee had an opportunity to propose a different motion. After discussion with the Moderator, Ms. Thomas stated that procedurally the best way to make a change would be for the Committee to draft a new motion and the new motion be made available to the voters at STM. Mr. Mauro stated that the Finance Committee’s attempt with their original motion was to prevent the Select Board from “tampering” with the procurement process. He further suggested that Town Meeting could approve an article that contained language as to how the committee would be constituted and it being created through Town Meeting would entrench how the committee would work. Therefore, if the Chief Procurement Officer appointed the members of the committee, the Select Board would not be able to modify the committee. If the committee is created through an article at Town Meeting, the Select Board could not modify it because it has been legislated as an actual committee. He gave an example of the Economic Development Committee, which was created by Town Meeting with a specific constitution to give its report to Annual Town Meeting. If a committee is created through Town Meeting with language as to how it would be created and function, the Select Board could not change its constitution because the committee would have been formed through a legislated Town Meeting article as an actual committee. Mr. Scollins stated that while he is the Chief Procurement Officer for the Town he has the authority to delegate that authority to individuals that hold the MCPPO (Massachusetts Chief Procurement Public Official) certification/ designation. If it is problematic to anyone given that he has six people he reports to (Select Board) and the Town Administrator, it does not have to be him as the Chief Procurement Officer that would make the appointments. It could be someone else that he could delegate that to that has the certification. Ms. Thomas suggested that the Finance Committee come to some resolution as to how the committee would be formed for Article 6 and clean up the rest of motion. A motion made by Mr. Mauro to reconsider the Finance Committee’s previous vote taken for Article 6 at the November 1, 2023 meeting was seconded by Mr. McKenna. Vote: 6-0-0. Mr. Scollins stated that to avoid the separation of powers issue: A motion should avoid having the Moderator manage the appointment and procurement processes and instead have a Town Official manage the procurement process and establish the committee group. Mr. Scollins further stated that he would do whatever the Finance Committee members and Town Meeting voters wanted to do. His only reluctance is to respect the intent of the petitioners to have someone FINCOM 20231113 Mminutes EM WRS Edits final.docx Page 2 of 5 12/2/23
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that has procurement experience, and not have the Town Administrator and the Select Board directly involved. The
RFP (Request for Proposal) has to be written and depending upon how well it is “crafted” will dictate the success of
hiring the right consultant to do the review. Given that there is not a lot of definition in the proposed original Article about
exactly what should be investigated, the RFP would have to be a group effort to satisfy the petitioners and the
management for a successful procurement process. The petitioners would have to be a voice in this process. In the
spirit of honoring the petitioners intentions, Mr. Scollins suggested that instead of one petitioner being part of the
procurement team that the petitioners represent at least a third of the procurement team or two members out of five.
The Finance Committee spent considerable time reviewing the motion for Article 6. They discussed procurement
procedures, the number of members on the committee, experience in conjunction with similar procurements, a
transparent process, no conflicts of interest, relevant experience, compliance with any Massachusetts procurement
laws and the publication of the final report.
Ms. Thomas gave those in attendance an opportunity to comment.
Kathleen Howley, 43 Sherman Avenue, stated that they had sent an extensive document to the Moderator, Alan Hines,
on Sunday, November 10th, to be included in the warrant but then were told it could not be included in the warrant.
Regarding a potential RFP (Ms. Howley was reading from notes on her cell phone) that there were ½ a dozen bullet
points that the petitioners would suggest as areas of the investigation. She stated the petition is in existence because
of a long-standing entrenched process of favoritism, perceived by many taxpayers, and they see Article 6 as a solution
to this issue. They want to make sure that the $5 million of the Police Department budget is being well spent. She is
not sure that that goal will be accomplished if someone (the Chief Procurement Officer) that works for the Select Board
is on the committee. She also suggested that the Finance Committee choose the members of the committee. Mr.
Scollins explained that the Finance Committee is part of the legislative branch of the government and would thus cause
separation of powers issues if they appointed the members. Because Mr. Scollins perceived a conflict with his serving
on the committee, he suggested someone else with an unbiased opinion that is a certified MCPPO serve on the
committee. Ms. Howley stated that this would be a problem because that individual works for the Town.
Rita Lombardi, 18 Kings Road, stated that the whole point of this is to rebuild trust in the community and to have
confidence with the process or $200,000 would just be wasted on an investigation. She noted that she had read
something that there would be two members of the Police force and two members of the Select Board on a committee.
(Ms. Lombardi was referring to and speaking about Article 4 and the proposed committee regarding the Community
Forum associated with that article rather than the Procurement Committee being discussed as part of Article 6.) She
spoke in support of the committee for Article 6 being made up of 60% of petitioners and the other 40% from the
community, rather than the 40% petitioners (2 seats), 40% community (2 seats), and 20% Chief Procurement Officer
or designee (1 seat) that was being predominantly considered by the Committee to that point.
Mr. Clough spoke in support of the petitioners having 60% representation on the committee for Article 6.
Liza Colburn, 89 Randolph Terrace, spoke in support of having “compliance” in the motion to make sure protocols are
adhered to.
Rita Lombardi, 18 Kings Road, expressed her appreciation for all that the Finance Committee has done and in giving
them the opportunity to speak. The goal is to restore trust. Their experience was they were not receiving any
communication from the Select Board or the Police Chief. She is uncomfortable with the Chief Procurement Officer
having the right to select two members of the committee and that she will not have confidence that the process will go
well. She asked if the petitioners could participate in one of the two selections being made by the Chief Procurement
Officer.
The Finance Committee drafted the following motion:
That the Town of Canton Chief Procurement Officer or designee be authorized and requested to proceed with
an administrative, policy, procedures and compliance review of the Police Department to determine compliance with
these aspects of the Police Department to be conducted by an independent consulting firm. A procurement committee
should be established and consist of five members, the Chief Procurement Officer or designee, two (2) members to
be nominated by the petitioners and two (2) community members at large to be nominated to and selected by the
Chief Procurement Officer or designee. The procurement committee should follow standard procurement laws and
procedures. The procurement committee members should have relevant experience in conjunction with similar
procurements. The procurement committee shall provide a public report on the process and outcome of the
procurement when completed, and further that the sum of two hundred thousand dollars ($200,000) be hereby
appropriated for this purpose, with the source of funds being a transfer from Free Cash (undesignated General Fund
Balance) in the amount of Two Hundred Thousand Dollars ($200,000). The procurement process should be in
compliance with all conflicts of interest and ethics laws. The results of the independent consultants report shall be
made public upon completion.
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A motion made by Mr. Clough that the Finance Committee recommends the establishment of a procurement committee that establishes five (5) members to be made of the Chief Procurement Officer or designee, three members to be nominated by the petitioners and one community member at large to be nominated or selected by the Chief Procurement Officer or designee. There was no second to this motion. Mr. Clough’s motion failed. The recording secretary read the final substitute motion as drafted. Ms. Foley made a motion that the Finance Committee recommend the substitute motion and it was seconded by Mr. McKenna. Vote: 5-1-0. Mr. Clough did not support the motion as drafted. Liza Colburn addressed the aspects of the Police Department. She asked if the voters would be seeking specifics of the audit as the petitioners have provided in the past, such as securing crime scenes, adherence to reporting protocols and the scope of the audit. Mr. Scollins stated that the Finance Committee could have benefitted from more information in the original article to determine what to put forward as a motion for STM. It will be up to the procurement committee to frame what the petitioners put forward and what the petitioners will bring to the procurement committee to define the study. Ms. Colburn stated the specifics were shared with the Moderator. Ms. Thomas made a statement that others may not agree with but she felt it was important enough to put forward. There are many associations that are made about people’s ability to proceed with integrity and ethically in all of this work. She wanted to state publicly that in all of the time that she has had the opportunity to work with Mr. Scollins she has found him to be nothing but ethical and has proceeded with his work with great integrity and that she personally found it very troubling the insinuations that are made that would suggest that while he may have a direct report to the Town Administrator and the Select Board that he would do anything other than his best to ensure that this procurement was done properly and with integrity and consistent with its intent. In all of the time that he has been working here in the Town of Canton she has seen that demonstrated over and over again. Her experience is that he wants nothing but the best for this community and she felt it was important to state that to avoid any insinuation that the case might be different. Mr. Mauro concurred with Ms. Thomas’ statement. Finance Committee Liaisons – The Finance Committee did not have time to discuss the liaison assignments. Elected Officials Compensation (Potential Article for May Annual Town Meeting – Ms. Thomas reported that the Select Board did move forward with the Finance Committee’s recommendation to amend the benefit policy for part- time elected officials. With that recommendation this allows the Finance Committee to move forward with their discussion about elected official’s compensation. The Select Board had two exceptions to their policy: the Town Clerk who is a full-time elected official and that anyone who is receiving benefits at the time the policy was amended would continue to receive such benefits (only one part-time elected official receiving a benefit at this time with a cost of $75 per year to the Town). If the Finance Committee would like to move forward with an article at the Town Meeting in May to modify the compensation for elected officials, now is the time to start their work on that because departments would need to include that cost in their budgets (for example if nine Library Board of Trustees were to receive compensation of $500 per Trustee that amount would have to be built into the budget). Ms. Thomas suggested that it be put on hold until next year and could be included in a government modernization recommendation in the future. The consensus of the committee was to follow Ms. Thomas’ suggestion. Per Mr. Scollins, operating budget requests will be due into the Finance Director’s office by January 3rd (the first Wednesday in January). Ms. Thomas suggested another meeting prior to the budget season. Mr. Scollins suggested the results of FY23 and the FY23 Audit could be discussed at a future Finance Committee meeting. Approval of Minutes - There was no motion made to approve the minutes for October 25 and November 1, 2023. Next Meeting Date: Early January 2024. There may be a meeting on November 20, 2023 prior to STM. A motion made by Mr. McKenna to adjourn the meeting at 9:26 p.m. was seconded by Mr. Mauro. Vote: 6-0-0. Minutes reviewed by: Emilio Mauro Respectfully submitted, Cindy Thomas Chair, Canton Finance Committee and Sub-Committee to Review Compensation of Elected Officials FINCOM 20231113 Mminutes EM WRS Edits final.docx Page 4 of 5 12/2/23
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Finance Committee
Meeting Documents
November 13, 2023
Please note: Some meeting documents may be found on the Town’s website under the Posted Minutes
section (Laser Fiche).
Agenda for November 13, 2023
Draft Recommendations of the Finance Committee to the Voters of Canton, Massachusetts – Special Town Meeting,
Monday, November 20, 2023 at 7:00 pm., Articles 1-8 (7 pages).
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