SAUGUS — Board of Selectmen Chair Anthony Cogliano’s pitch for a charter commission is primarily based on the idea that residents should be able to elect their town manager, who is responsible for most of the town’s executive functions.
But, Michael Ward, the director of the Edward J. Collins, Jr. Center for Public Management (fittingly, named for a former Saugus town manager) at UMass Boston, said in his view and the view of other experts at the center, doing so while maintaining the other traditional structures of town governance, like a board of selectmen and town meeting, would be impossible.
“Given current state law and established precedent, the attorney general and/or legislative counsel would likely find that a charter proposing the creation of a single elected chief executive official in a municipality that otherwise retained a town form of government would be in conflict with the general laws and possibly the constitution of the Commonwealth,” Ward wrote in an email.
While it remains no sure thing that Cogliano will secure enough signatures to get a charter commission on the ballot this fall, if he is successful in doing so, the nine-member group would have to submit a preliminary report to the attorney general’s office before putting any document before voters.
The attorney general would then issue a written opinion on the report, which would “[set] forth any conflict between the proposed charter or charter revision and the constitution and laws of the Commonwealth,” Ward said, citing Massachusetts General Law Chapter 43B, Section 9.
For his part, Cogliano appeared undeterred when asked about Ward’s comments, telling The Item that “this story is putting the cart before the horse” considering no ideas have been presented by a commission. He said while he has lobbied for an elected town manager, he would not put anything forward without the support of residents.
“Judging from the number of people I’ve conversed with over the past 45 days, changing the way we currently do business seems to be a very popular topic of conversation,” Cogliano said. “Giving the residents the power to select the top official and taking that authority away from the Board of Selectmen has sparked many conversations.”
“As I always state, and true to my word, I will always put forth an agenda that puts Saugus first,” he continued.
The inability of a municipality to push forward with an elected town manager or town administrator while maintaining its other traditional forms of government represents a clear setback for Cogliano in his ongoing campaign to amend the town charter. And, Cogliano is awaiting a final decision from the secretary of state’s office to determine if he can run for both Board of Selectmen and a potential charter commission, despite the fact that the charter clearly lays out restrictions on selectmen running for or holding more than one town-wide office.
Despite telling The Item in December he would like to see Saugus amend its charter to become a city, he has walked back that proposal, instead pushing forward with the elected town manager idea — an idea that has gained him the support of Selectman Corinne Riley and a number of residents. Cogliano has repeatedly indicated he would run for town manager — or mayor — if able to do so.
And, Cogliano faces the additional complication of the fact that charter commissions have twice been elected and twice failed to push through sweeping changes to the town charter and government.
