Last modified: Saturday, April 3, 2004 7:10 PM EST

NA to decide on charter

NORTH ATTLEBORO -- Qualifications for a new town manager's position have been laid out and advertisements have been prepared so the town can begin seeking candidates.

Only one crucial question needs to be answered before the advertisements are run next week -- will the town manager's position even exist?

Voters will make that decision on Monday when they decide whether to adopt the government reforms outlined in the proposed charter. Among them is a proposal to replace the town administrator with a new town manager who will have authority over all department heads, except for the school superintendent.

The change is among several that have generated controversy with the proposed charter, which was endorsed by five out of nine members of the charter commission.

Pro: Accountability, leadership

`` Currently our government is made up of very separate operations without an overall plan. Different departments play by different rules,'' said Sherry Rhyno, the chairwoman of the charter commission.

`` The charter provides for a coordinated structure with clear accountability, checks and balances, and an even playing field.''

Charter Commissioner James Wood, who is also a selectman, said having a town manager give the town a chain of command, which will let residents know who to talk to when decisions are made.

`` The charter will give us accountability, cohesion and leadership by having someone in charge day to day,'' Wood said. `` With a $65 million budget, it's an embarrassment that we don't already have that.''

However, opponents argue that the charter puts too much power into the hands of a town manager who is appointed by the board of selectmen.

`` If the charter is adopted, the chief administrative officer and selectmen will gain control of several departments where they currently have none, and the board members of these departments will lose almost all of their authority,'' said Donald Baker, a member of the charter commission who voted against the proposal.

Baker, who is a proponent of a mayoral form of government, also pointed out that last year's ballot question indicated that 89 percent of voters wanted to vote on a previous charter that proposed moving to a mayoral form of government.

`` The charter is supposed to be by the people and for the people,'' Baker said. `` But it's actually by town officials and for town officials. It does not represent what the voters asked for.''

The most debated aspect of the charter is undoubtedly provisions related to the North Attleboro Electric Department. The proposed charter reassigns some of the responsibilities of the general manager to the new town manager.

Con: Threat to electric department

Electric Commissioner Richard Shaw, who heads the anti-charter group known as the Charter Education Committee, said the charter will result in the erosion of department's independence and loss its bond rating, making it difficult to enter into long-term power supply contracts.

The major issue is a change that lawyers for the electric department will force the town to use general bidding laws to purchase power, which could cost the town up to $7 million over the next decade.

In addition, the lawyers argue that two of the town's power supply companies will likely attempt to get out of their contracts as a result of the government reforms, causing the town to lose about 35 percent of its power supply.

Rhyno: Scare tactics

Rhyno, however, said that those charges are completely untrue, and are only meant to frighten voters into rejecting the document.

`` It's unfortunate that there are individuals who are attempting to divide our community with far-fetched, last-minute predictions intended to scare the voters. A fair reading of the charter does not justify those fears,'' she said.

Rhyno said the charter specifically states that the general manager will continue to purchase power and does not require general bidding laws to be used. She also pointed out that the charter has been reviewed and deemed legal by the attorney general's office.

`` The charter in no way dismantles North Attleboro Electric Department,'' Rhyno said. `` Most important, and contrary to what the present general manager of the light department has recently stated, the department will continue to purchase electricity in the same manner and under the same state law that it presently purchases electricity.''

Reducing RTM size

Another of the major tenets of the charter is a reduction in the size of the town's legislature, known as Representative Town Meeting. If the charter were approved, the RTM would drop by two-thirds from 162 members to 54.

`` The reduction in RTM members will help make them more accountable and accessible,'' Wood said.

While few in town have opposed the idea of a smaller RTM, another provision that prohibits town board and committee members from serving on the town's legislature has generated some controversy.

Shaw said the restriction on RTM membership is his biggest concern about the document. He points out that part-time workers, many of whom earn paychecks from the town of less than $200 annually, also will be excluded from the RTM.

`` I could almost buy the argument that full-time employees shouldn't serve, even though I really don't agree with that, either. But the charter prohibits part-timers like poll workers, seasonal employees and substitute teachers from serving on the RTM. These people make very little money from the town, and are essentially volunteering their time,'' Shaw said.

Meanwhile, Wood said that it is important that voters understand that changes can be made to the document if some provisions do not work exactly as planned.

`` Any flaw or issue that was overlooked can easily be addressed and changed with a two-thirds vote at town meeting and a majority vote at the town election,'' he said.

Wood also pointed out that with an approved charter, the town will not have to go to the state Legislature to get approval for any future changes to local government.

rdrtrdrsrdrw15rsp160 AMY DeMELIA can be reached at the North Attleboro office at 508-695-7541 or at ademelia(at)(at)thesunchronicle.com.