Select Board Discusses November 2023 Special Town Meeting Article on Ballot Question Related to Town’s Form of Government, Endorses Study Committee Recommendations

ANDOVER, MA – The Andover Select Board held its first meeting of the year on Monday, January 8 in the School Committee Conference Room at the Andover Public Schools Administrative Offices. A significant portion the meeting focused on Article 1 from the November 20, 2023 Special Town Meeting, which considered placing a question on the Town Election ballot relative to retaining Andover’s open town meeting form of government. While the Board did not reach consensus on how to proceed on the question, it extensively considered two options – (a) placing a revised question on the March 26 Town Election ballot and (b) placing a series of advisory questions on the Annual Town Meeting warrant.

The Board also considered two recommendations from the Town Governance Study Committee in second readings, endorsing both proposals. The first recommendation aims to improve the efficiency and transparency of Town Meeting by incentivizing the submittal of amendments to warrant articles three days prior to Town Meeting. The other recommendation, which requires amending the Town Charter to take effect, would remove the requirement that appointments of all Town staff be approved by the Select Board, while retaining the requirement for key senior-level positions.

Special Town Meeting Article 1 – Form of Government
Article 1 on the November 20, 2023 Special Town Meeting warrant was submitted by a resident petitioner and sought authorization for the Select Board to place a non-binding question on the Annual Town Election ballot asking voters if they favor or oppose retaining Andover’s open town meeting form of government.

This article was approved by Town Meeting, however the action was strictly advisory, as a vote at Special Town Meeting is not among the legally permissible vehicles for placing non-binding questions on a local ballot, per Chapter 53 Section 18A of Massachusetts General Law. Further, in the form that it was presented at Special Town Meeting, the proposed ballot question was defective in how it was drafted, per guidance from the State Elections Division.

The proposed ballot question approved at Special Town Meeting contained statements of what a “yes,” and “no” vote would mean. The statement associated with a “no” vote describes next steps for considering changes to the Town’s form of government.

Since the Select Board last discussion of the article, Town Counsel Doug Heim contacted the Secretary of the Commonwealth’s Elections Division to review the viability of the proposed question. The Election Division advised the Town that state law does not allow for a general summary on a local ballot, or for “yes” or “no” statements to be printed on a ballot, aside for in specific scenarios that do not apply to the question under consideration.

Despite the article’s defects, the Select Board has expressed a desire to honor Special Town Meeting’s sentiment in favor of asking residents if they are in support of Andover’s existing form of government.

While the Board did not reach a final decision on how to proceed on Monday, they did consider several potential options, including placing a revised question on the ballot, and placing a series of related questions on the Annual Town Meeting warrant to better gauge the will of residents regarding Andover’s form of government.

Select Board Member Chris Huntress prepared a revised version of the question, consistent with the guidance from the Elections Division, which reads “Should the Town of Andover continue to use Open Town Meeting as its form of local government? Please vote Yes or No.”

As an alternative to placing this question on this year’s Town Election ballot, the Board considered placing a series of inter-related articles on the Annual Town Meeting warrant that would allow for community deliberation around what precisely the community wants to explore regarding form of government within the limits of legally permissible forms of ballot questions. A potential framework for these questions was presented to the Board by Chair Melissa Danisch and Deputy Town Manager and Town Clerk Austin Simko. Under this proposal, one article would ask voters if they want to place a non-binding question, or questions, on the 2025 Annual Town Election ballot asking voters for their preferences on the Town’s form of government. A subsequent, four-part article would ask Town Meeting voters to approve some, all, or none of specific ballot questions asking if Andover should (a) continue using open town meeting, or change to (b) representative town meeting, (c) city council with an appointed city manager, or (d) city council with an elected mayor. 

This alternative approach was suggested as a way honor the sentiment of voters expressed during the November 20 Special Town Meeting while avoiding taking action on a defective article. This approach would also provide feedback from the community on their preference for alternative forms of government to consider and clearer next steps, which would be valuable given the limited context that can be provided through a ballot question.

Following extensive discussion, a motion was made to place the revised advisory question on the ballot for the March 26 Town Election. The motion did not pass. The Board will likely revisit this topic at a future meeting. 

Town Governance Recommendation: Pre-Submission of Town Meeting Amendments
The Select Board voted to endorse a proposal from the Town Governance Study Committee that would serve to encourage voters to submit amendments to Town Meeting warrant articles three days prior to the start of Town Meeting. Presently, amendments to articles are generally submitted on the floor during Town Meeting, limiting the ability of Town Counsel to review the legality of amendments and for committees to assess policy implications.

Under the proposal endorsed by the Select Board, while amendments could still be filed on the floor during Town Meeting, priority would be offered to amendments submitted before the three-day deadline, which would provide incentive to those planning to file amendments to comply with the deadline. This measure is intended to provide adequate time for the review of amendments and to enhance the efficiency and transparency of Town Meeting.

Town Governance Recommendation: Appointment of Town Employees
The Board endorsed another recommendation from the Town Governance Study Committee (TGSC) related to the process by which appointments by the Town Manager are approved. Presently, all employee appointments made by the Town Manager, including full-time and seasonal employees, must be approved by the Select Board, making Andover an outlier among its peer municipalities. The TSGC’s recommendation on this topic suggests limiting the Select Board’s confirmation to certain senior positions.

This recommendation is intended to provide clarity around the division between the Select Board's policymaking role and the Town Manager's administrative authority and to avoid delays in the hiring of candidates in competitive employee searches.

Under the revised policy endorsed on Monday, the Board would continue to appoint board and commission members, election officials, the Town Accountant, and Zoning Board of Appeals members. The staff positions that would continuing to require Select Board approval would be limited to Deputy Town Manager, Finance Director, Police Chief, Fire Chief, Town Clerk, and Town Counsel.

Changing the appointment process for Town staff will require an amendment to the Town Charter. In endorsing the recommendation, the Select Board voted to place an article on this year’s Annual Town Meeting warrant that would authorize this proposed charter amendment.

Appointment of Brittney Lavoie as Chief People Officer/HR Director 
The Select Board approved a consent agenda containing several appointments by the Town Manager, including the appointment of Dr. Brittney Lavoie to the position of Chief People Officer and Human Resources Director. Lavoie was selected through a competitive process which drew more than 200 applicants.

Lavoie most recently served as Principal of Memorial Middle School in Fitchburg, demonstrating extensive experience in enhancing organizational performance through effective personnel management. In introducing her to the Select Board, Town Manager Andrew Flanagan noted that throughout her 15-year career, Brittney has developed a talent for cultivating positive and collaborative work environments, and that her expertise surpasses conventional HR roles, focusing on individual and team growth and development.

She holds a degree in economics from the University of Massachusetts, a doctorate in organizational leadership from Northeastern University, and a certificate in Leadership for Excellence and Equity from the Lynch School at Boston University.

Other Notes

• Town Manager Andrew Flanagan announced that a Special Town Meeting within the Annual Town Meeting may be required to accommodate the anticipated zoning bylaw article related to achieving compliance with the state’s MBTA Communities zoning law. Given the complexity of the article, and the timeline imposed by the state, it may not be finalized in time to be placed on the Annual Town Meeting warrant, which closes on January 19.
• Four new officers of the Andover Police Department were sworn in during the meeting: Drew Searfoss, Joseph Nunez, Michael Egitto, and Daniel Rodrigues. The officers recently graduated from the Police Academy, and are currently participating in field training alongside senior officers in the Department.

The full meeting can be viewed online through AndoverTV.