City Council - Charter Change Committee — Burlington, VT
Date: 2024-08-14
Time: 17:30

Wednesday, August 14, 2024, 5:30 PM, DPW Front Conference Room at 645 Pine or
 REMOTE

When: Aug 14, 2024 05:30 PM Eastern Time (US and Canada)
Topic: Charter Change Committee Meeting

Please click the link below to join the webinar:
https://zoom.us/j/99674347677?pwd=JVznasVLgMGSz8TIH1XI6MZxoSVeGJ.1
Passcode: 079201
Or One tap mobile :
  +13126266799,,99674347677#,,,,*079201# US (Chicago)
  +16469313860,,99674347677#,,,,*079201# US
Or Telephone:
  Dial(for higher quality, dial a number based on your current location):
  +1 312 626 6799 US (Chicago)
  +1 646 931 3860 US
  +1 929 205 6099 US (New York)
  +1 301 715 8592 US (Washington DC)
  +1 305 224 1968 US
  +1 309 205 3325 US
  +1 669 900 6833 US (San Jose)
  +1 689 278 1000 US
  +1 719 359 4580 US
  +1 253 205 0468 US
  +1 253 215 8782 US (Tacoma)
  +1 346 248 7799 US (Houston)
  +1 360 209 5623 US
  +1 386 347 5053 US
  +1 507 473 4847 US
  +1 564 217 2000 US
  +1 669 444 9171 US
Webinar ID: 996 7434 7677
Passcode: 079201
  International numbers available: https://zoom.us/u/abSNOEBnpM




1. Agenda
  Subject 1.1. Motion to amend/adopt agenda
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 1. Agenda

  Department


  Type

  Recommended Action
2. Adopt Draft Minutes from 7/1
  Subject 2.1. Adopt Draft Minutes from 7/1
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 2. Adopt Draft Minutes from 7/1

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE
  Category 3. Public Forum
  Department Council and Board


  Type

4. Councilor Compensation
  Subject 4.1. Councilor Compensation
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 4. Councilor Compensation

  Department Council and Board


  Type

  Recommended Action

5. Property Tax Revenue Neutrality and Income Sensitivity
  Subject 5.1. Property Tax Revenue Neutrality and Income Sensitivity
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 5. Property Tax Revenue Neutrality and Income Sensitivity

  Department Council and Board


  Type

  Recommended Action

6. Report on Department Head Charter Change Priorities
  Subject 6.1. Report on Department Head Charter Change Priorities
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 6. Report on Department Head Charter Change Priorities

  Department Council and Board


  Type

  Recommended Action

7. Any Other Committee Business
  Subject 7.1. Any Other Committee Business
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 7. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

8. Adjournment
  Subject 8.1. Motion to adjourn
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 8. Adjournment

  Department Council and Board


  Type

  Recommended Action

Wednesday, August 14, 2024, 5:30 PM, DPW Front Conference Room at 645 Pine or
 REMOTE

When: Aug 14, 2024 05:30 PM Eastern Time (US and Canada)
Topic: Charter Change Committee Meeting

Please click the link below to join the webinar:
https://zoom.us/j/99674347677?pwd=JVznasVLgMGSz8TIH1XI6MZxoSVeGJ.1
Passcode: 079201
Or One tap mobile :
  +13126266799,,99674347677#,,,,*079201# US (Chicago)
  +16469313860,,99674347677#,,,,*079201# US
Or Telephone:
  Dial(for higher quality, dial a number based on your current location):
  +1 312 626 6799 US (Chicago)
  +1 646 931 3860 US
  +1 929 205 6099 US (New York)
  +1 301 715 8592 US (Washington DC)
  +1 305 224 1968 US
  +1 309 205 3325 US
  +1 669 900 6833 US (San Jose)
  +1 689 278 1000 US
  +1 719 359 4580 US
  +1 253 205 0468 US
  +1 253 215 8782 US (Tacoma)
  +1 346 248 7799 US (Houston)
  +1 360 209 5623 US
  +1 386 347 5053 US
  +1 507 473 4847 US
  +1 564 217 2000 US
  +1 669 444 9171 US
Webinar ID: 996 7434 7677
Passcode: 079201
  International numbers available: https://zoom.us/u/abSNOEBnpM




1. Agenda
  Subject 1.1. Motion to amend/adopt agenda
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 1. Agenda

  Department


  Type

  Recommended Action



 Page 1 of 31
2. Adopt Draft Minutes from 7/1
  Subject 2.1. Adopt Draft Minutes from 7/1
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 2. Adopt Draft Minutes from 7/1

  Department Council and Board


  Type

  Recommended Action

3. Public Forum
  Subject 3.1. Verbal Comments
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE
  Category 3. Public Forum
  Department Council and Board


  Type

4. Councilor Compensation
  Subject 4.1. Councilor Compensation
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 4. Councilor Compensation

  Department Council and Board


  Type

  Recommended Action

5. Property Tax Revenue Neutrality and Income Sensitivity
  Subject 5.1. Property Tax Revenue Neutrality and Income Sensitivity
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 5. Property Tax Revenue Neutrality and Income Sensitivity

  Department Council and Board


  Type

  Recommended Action

6. Report on Department Head Charter Change Priorities
  Subject 6.1. Report on Department Head Charter Change Priorities


 Page 2 of 31
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 6. Report on Department Head Charter Change Priorities

  Department Council and Board


  Type

  Recommended Action

7. Any Other Committee Business
  Subject 7.1. Any Other Committee Business
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 7. Any Other Committee Business

  Department Council and Board


  Type

  Recommended Action

8. Adjournment
  Subject 8.1. Motion to adjourn
  Meeting August 14, 2024 - Charter Change Committee Meeting - Wednesday, August 14, 2024,
 5:30 PM, DPW Front Conference Room at 645 Pine or REMOTE


  Category 8. Adjournment

  Department Council and Board


  Type

  Recommended Action




 Page 3 of 31
 Charter Change Committee
 Monday, July 1, 2024
 Bushor Conference Room in City Hall. or Remote via Zoom.
 DRAFT MINUTES

Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Doherty
(remote)

Staff Present: Kimberlee Sturtevant (Assistant City Attorney), Hayley McClenahan (Assistant
City Attorney), Jon Murad (Chief of Police), Eric Dallamura (BPD, BPOA)

Public Present: Jeffrey Jarrad, Jack Keefe (Police Commission), Carolyn Hanson, Chris Haessly
(Marketplace Commission), Mark Hughes, Shelby Lincoln

Meeting called to order at 5:32 PM.

1. Agenda
 1.01 Motion to amend/adopt agenda

Motion to Adopt Agenda as is.
Motion by Councilor Doherty, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes from 6/25
 2.01 Adopt Draft Minutes from 6/25

Motion to Adopt Draft Minutes from June 25.
Motion by Councilor Doherty, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

Carolyn Hanson: I was fortunate to be on the Police Commission for six months. I feel like the
Commission has good processes, but reading the minutes from the last meeting I feel like the
Commission has been thrown to the weeds. A lot of conversation is going into who will be
going to be on the independent panel. I would urge you all to read DD-40 as it lays out a really
good process. I would also encourage you to look at what the Criminal Justice Training Council
does. The Council usually has the department do an internal investigation, but they have the
power to hire an outside investigator to do an investigation if necessary. I think it is important to
consider every option before we expand the budget to pay for more things. My boss, the
Attorney General, did not want me to continue to be on the Commission and I found it very hard
to find people to recruit to be on the Commission. I don’t know what the independent panel will
accomplish, even while we already have a good process in the Commission currently. My two
big issues that I could never raise with the Commission during my tenure was that the
 Page 1 of 6



 Page 4 of 31
department always needs to have someone answer the phone when the public calls. The other
issue is the department lobby is horrendous and not inviting. It feels like you’re going into a jail.
I think those two things would go a long way to building trust with the public.

Eric Dallamura: I am the treasurer of the BPOA. I don’t think it is necessary to have a panel
with individuals that are handpicked by political leaders, either the Mayor or the Council. We
already have an HR Department, we have State oversight. This will drag out the process and
will be bad for morale. I appreciate you are moving things along to get the issue to the voters
quickly. BPOA wants educated people to make the important decisions and do it quickly. It is
in the interest of the BPOA to have good officers and that is good for the public as well.

Jeffrey Jarrad: I am a resident of Ward One. I don’t know every detail of things that have
happened in the last five years and I am working on that. But if I made a list of issues or
difficulties from the last five years I would include things like officers being paid out and
resigning and complaints from the public. So what would those issues have looked like if we
had the proposed changes to the charter in effect at that time. Would these proposed changes
have mitigated or eliminated some of the issues? That is a litmus test of the value of the changes
to the charter.

Mark Hughes: I would like to see some oversight of every agency in the state that is substantial
and impactful. There is overlap here with Title 20 on the state side. Everybody wants to be safe
and have a fair process. This department was the first to require use-of-force (UOF) data and
that was back in 2018 or 2019. There was some pushback on that. Because of that change the
rest of the state started requiring that data shortly after. I still think the proposed changes are not
enough. I say that as a former Police Commissioner and retired army officer. I understand what
oversight and responsibility looks like. I don’t see why you don’t advance this to the full
Council before it gets killed before it sees the light of day. Then we can hold Councilors
accountable since it is a political process, just as the Commission is political because of how the
members are appointed. I do not think most of the officers that have had important complaints
about them are or were “bad” police officers. I think there is a bad system which is why we need
oversight. It is intrinsically designed to full afoul. Even the proposed appointment process for
the independent panel creates a predictable outcome. It builds fortifications to protect the
system. We should stop this and bring the changes to the Council.

4. Councilor Discussion and Review of Draft Police Oversight Changes

Attorney Sturtevant shared the draft language changes in resolution format. The draft resolution
is available in the agenda packet.

Councilor Carpenter said that while the Committee has spent time on particulars recently, a lot of
the big changes to the charter are to codify the current working processes of the Commission and
the Department as they are currently only in effect by executive order from the Mayor.

Councilor Bergman said that the Mayor’s Office also sent in a request late in the day and the
Committee will be seeing that for the first time tonight.

 Page 2 of 6



 Page 5 of 31
Attorney Sturtevant said the change to line 32 was to correct a typo. The change to lines 33-34 is
to establish that the Commission has access to certain kinds of documents as laid out in
ordinance. This change was to ensure confidentiality and to bring the charter language into line
with the current working processes and allow changes in document access to be made in
ordinance which is easier to adjust going forward.

All councilors agreed that the change in proposed language was what they intended.

Attorney Sturtevant continued that the changes to lines 58-64 were to move the experience
requirements to be on the independent panel into ordinance rather than charter. Councilor
Bergman clarified that the stricken language to have an appointment from the BPOA was to
reflect a request from the BPOA and not language that was approved by the Committee. The
language change was voted on in the June 25 meeting.

Councilor Doherty reiterated Councilor Carpenter’s comment that most of the proposed changes
are to codify the existing processes between the Commission and the Department that are
working well. He said he has not heard the BPOA say the current system is not working. One
issue that is not currently addressed is if there is a difference in opinion on discipline between the
Commission and the Chief. That is the reason for the independent panel.

Councilor Doherty continued that he didn’t think the Committee had voted on the inclusion of
the BPOA appointment, but rather had agreed to disagree and moved on. He said he disagrees
with the current draft language and would like the BPOA to have an appointee on the panel.

Councilor Carpenter said that the Committee contemplated other ideas instead of the current
proposed independent panel. She said that most communities in Vermont use the legislative
body as the final appeal body and Burlington does not. She said she isn’t sure the City Council
wants that authority, but it was discussed. She said there has to be a body that can make a
decision if there is a disagreement between the Chief and the Commission.

Motion to have the City Council be one of the appointing bodies for the independent panel in
place of the BPOA.
Motion by Councilor Bergman, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Councilors Bergman and Carpenter
No: Councilor Doherty

Councilor Doherty reminded everyone that there is still more procedural steps to complete before
the current proposed language will be put into the charter. The proposed language must be
passed out of the Committee, go through the City Council, and be approved by the voters.

Attorney Sturtevant said the changes to lines 69-71 were only to clarify the current powers of the
Mayor and that the changes do not confer additional powers onto the Mayor.




 Page 3 of 6



 Page 6 of 31
Councilor Bergman said he supported the changes to ensure there is no question about the
existing powers of the Mayor due to a lack of a reference. Councilors Carpenter and Doherty
agreed.

Attorney McClenahan said the changes to lines 88-90 were due to the optics of the Commission
exercising their authority under Section 184(d) to make discipline recommendations or hire an
outside investigator, while then also potentially sitting as an appellate body for an officer facing
discipline under Section 190(a). She said the proposed language would allow the independent
panel to be used as an appellate body if there is not a quorum of commissioners due to some
commissioners feeling they have actual or apparent conflicts of interest.

Councilor Carpenter said there was some concern about having the Commission be an appellate
body for officers but the Committee also heard that both the BPOA and the Commission wanted
to keep the Commission as the appellate body. She said she agreed with the proposed changes.

Councilor Doherty also agreed and said this was a helpful change to ensure that there are no
violations of any officer’s due process rights. Councilor Bergman also agreed and that the
changes insulates the Commission from any appearance of a conflict.

Jon Murad (Chief of Police) said there was previous arbitration wherein the arbitrator found no
conflict even without this proposed change. The counsel for the Police Commission at the time
had a different opinion, however. There was actually already a situation where the Commission
changed their mind in an appeal of discipline after they heard more evidence and heard from the
officers directly involved through the appeal process. That is to say the Commission was not
tainted by the initial consultation with the Chief and can, and has, changed its opinion on appeal.

Attorney Sturtevant said the changes to lines 112-115 is a codification of the current system that
only exists by executive order. This language is by request of the Mayor’s Office.

Jon Murad said the proposed language is taken almost verbatim from an executive order from
2020 and that he had no issue with the language being included in charter.

Attorney McClenahan said the inclusion of the language that allows the process to be designated
in ordinance was to allow the details like timing to be laid out in a more adjustable way through
ordinance.

Councilor Doherty did not see why the language needed to be included in charter at all. The
Mayor can have a standing order with the Chief of Police about how the Mayor should be
informed of such incidents and their disciplinary outcome.

Councilor Bergman said the inclusion of the language that allows the process to be laid out in
ordinance conflicts with the current statutory structure. The nature of the discipline goes beyond
what is being considered here. The nature of discipline is laid out already in things like DD-40.
Councilor Bergman says it does make sense for the Mayor to be informed by the Chief of UOF
incidents or issues of significant public concern and having that in charter is sensible. He said he

 Page 4 of 6



 Page 7 of 31
was supportive of the proposed changes if the language “by a process designated by ordinance”
was removed.

Jon Murad said DD-40 already directs the Chief to consult with the Mayor, City Attorney, and/or
HR Director as necessary for disciplinary matters. That consultation is already built into the
current system.

Councilor Carpenter said the proposed charter language seems redundant given what is already
in DD-40. She said the language “seek the Mayor’s concurrence with the Chief’s decision” does
not make sense. She said the Mayor should be informed of such issues, but the rest of charter
lays out the process and does not consider that the Chief will seek the Mayor’s concurrence on
discipline.

Councilor Bergman said the proposed language seems aspirational, but does not require the
Chief and Mayor to come to an agreement on discipline.

Councilor Carpenter said the language should be more general and only instruct the Chief to
consult with the Mayor about these issues.

Councilor Doherty said he was uncomfortable with adding this language to the charter and that it
is too specific to be in the charter.

Councilor Bergman said he is fine with not including the language as the consultation is included
in DD-40.

Motion to refer with recommendation the draft charter changes back to the City Council to be
placed on the November, 2024 ballot as drafted and be warned for public hearing.
Motion by Councilor Carpenter, Seconded by Councilor Bergman

Motion to divide the previous motion into two questions: one to refer the draft language back to
the City Council and another about recommending the language for adoption.
Motion by Councilor Doherty, Seconded by Councilor Bergman
Final Resolution: Motion Passes
Yes: Unanimous

Motion to refer the current draft charter change language back to City Council.
Motion by Councilor Doherty, Seconded by Councilor Bergman
Final Resolution: Motion Passes
Yes: Unanimous

Motion to recommend the current draft charter change language be placed on the November,
2024 ballot and be warned for public hearing.
Motion by Councilor Bergman, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Councilors Bergman and Carpenter
No: Councilor Doherty
 Page 5 of 6



 Page 8 of 31
Councilor Doherty clarified that he believes the BPOA has been supportive of many parts of this
drafting process and at present the draft language is not something he can recommend. He said
he is glad to see the process move back to the City Council but is also hopeful that there will be
some final changes in the City Council.

5. Any Other Committee Business

Councilor Carpenter brought up the possibility of a future charter change to the redistricting
process that would take the process away from the legislature. Councilor Bergman added two
other potential future charter changes: councilor compensation and the public financing of
elections.

6. Adjournment
 6.01 Adjournment

Motion to adjourn.
Motion by Councilor Doherty, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

The meeting was adjourned at 7:18 PM.




 Page 6 of 6



 Page 9 of 31
August 13, 2024
To: Charter Change Committee
From: Dante Seguino
Re: City Councilor Compensation

 From what I’ve found there is little consistency in the compensation that city councilors
receive in small/medium sized cities and towns. That being said I only found 3 cities that paid
less than $5,000 annually; Montpelier Vermont ($2,040), Bangor Maine ($2,000), & Brookline
Massachusetts ($3,500). Montpelier and Bangor are each less populous than Burlington and
Brookline seems to have tried to go from a modest $3,500 yearly stipend to a $30,000 salary
which unsurprisingly failed. Montpelier was the only jurisdiction I found that offered the
proposal on a ballot to voters. The highest compensation I could find was in Harrisburg
Pennsylvania which pays council members $20,000 annually (since 2006). The largest single-
year increase that I found was in Pawtucket Rhode Island where the Council received a $6,000
raise from $7,000 to $13,000.

 In Ithaca New York council members used the MIT Living Wage Calculator to calculate
the rate which council persons are paid. Multiple members stated that the work takes at least 20
hours a week and thus the roughly $4,000 increase would put them in line with the rest of
Ithaca's part time workforce. This was disputed by opponents and countered with a lower living
wage figure from a local workers center. Ultimately it was agreed that compensation should be
based around an 18 hour work week. The compensation increase was passed September 6th
2023. Notable however is that this may have been made possible by the shift from a traditional
mayor to a city manager. The ballot measure passed with nearly 80% approval. The mayor's
salary of $30,000 was reduced by more than half from $61,489 in the budget proposal increasing
the compensation of council persons. The mayor's revised salary was proposed to be one third
more than that of council persons. Ithaca’s alderpersons are also offered a generous stipend to
offset healthcare costs which is not included in the compensation figure (covers 80% up to
$22,000 in costs).

 The city of Cortland New York doubled its Common Council pay in their 2022 budget
increasing compensation from $5,000 to $10,000 annually. The budget was approved
unanimously although a proposal to increase the mayoral salary from $25,000 to $30,000 was
rejected with 5 votes in opposition, 2 votes in favor and 1 absent voter. There was also a proposal
to lock the councils pay at $5,000 which failed a vote with 2 in favor and 6 opposed. As in the
case of Ithaca, the council stressed that the role of councilors would need to be more formalized
indicating that not all councilors were equally involved in their roles on the council. The details
of said formalization does not appear however in the text of the amendment so I am unclear how
the duties of councilors may have been altered.

 Schenectady New York had an interesting battle over their 2024 budget which featured a
16% pay raise for the 7 city councilors ($14,100-$16,356 plus health coverage). The mayor had
proposed this increase in the 2020 budget but the council agreed to only a 4% increase in
compensation, as a concession the mayor’s compensation also did not increase for the remainder
of his 4 year term (elected in 2019). He has since been reelected to a fourth term and this rate
freeze has presumably expired. Although I do not foresee similar challenges in Burlington I




 Page 10 of 31
believe this can be avoided by amending the pay structure of counselors outside of the budget
through a city ordinance. Burying such things in the budget seemed to lead to unnecessary
political constranation.

 In Pawtucket Rhode Island the Finance Director for the city sent a letter to the council
regarding realigning compensation to be in line with inflationary and the Consumer Price Index.
He argued that the fact that elected officials were being compensated on par with the City
Sargeant and the Sealer of Weights and Measures “could not continue”. It had been over two
decades since the pay of elected officials had been updated or reviewed. The $7,000 stipend was
raised to $13,000 for city councilors; the council president's compensation went from $8,000 to
$14,000 ($1000 less than originally recommended). The mayor's compensation also increased
from $80,000 to $130,000 ($20,000 less than the finance office recommended.) The Council
compensation was agreed to be 10% of the mayor's salary. The mayor will receive a 2% raise per
year for eight years with council pay being tied to this figure. This structure was to mitigate
allowing council pay to again fall behind other local jurisdictions. There is a rule in place that
does not allow for councilors to vote to increase their own compensation so the final vote will be
held early next year, after new elections are held.

 In Woonsocket Rhode Island there is an increase in councilor compensation from
$10,000 to $12,000 slated to take effect in the 2025-2026 calendar year. The salary changes were
passed unanimously but there were concerns around inflating the budget in uncertain economic
times.The mayor also got a raise from $80,000 to $120,000 in the new proposal. The council
voted separately to reduce the pay of the city's Planning and Development Director after a $1M
land deal scandal involving the former mayor.

 It appears as though most increases to city councilor compensation are presented either
by the council themselves or in coordination with finance and budget departments of the city
government. I was unable to find much evidence of resistance from constituents but there were
instances of dissent amongst council members. Given the optics, most city and town councils
present proposed raises as efforts to bring compensation in line with other comparable part-time
city positions. There is an emphasis on keeping the municipality competitive with other local
governments. When faced with pushback it can be helpful to codify the role of a council member
to the public, allowing them to see that the job consists of a breadth of responsibilities beyond
simply attending the meetings.

 Most Vermont cities and towns do not compensate councilors/board members but that
does not track with other similar sized cities in larger states. Using the MIT Living wage
calculator for Chittenden County and assuming counselors do 15 hours of work a week, an
adjusted stipend would equate to $13,361.40 annually. This uses the $17.13/hr rate for a 2
income family with no children. If we reduce the workload to 10 hours a week the stipend would
be $8,907.60. Adjusting the figure to Vermont state minimum wage ($13.67) and assuming
counselors work only 10 hours a week, the adjusted stipend would be $7,108.40. Although still a
substantial increase, my research indicates that most part time counselors work closer to 15-20
hours a week. Using the current $5,000 stipend and a 10 hour work week councilors make a
wage of $9.62/hr, a figure closer to the tipped minimum wage of $6.84/hr than the actual
minimum wage. Councilors of course do not collect tips.




 Page 11 of 31
 Personally, I would recommend working with the Charter Change Committee and/or the
Director of Finance to draw up various compensation proposals based on an audit of current
council workloads. Some cities have created an independent select committee to do this work. I
would then compare the results with Vermont minimum wage and a living wage estimate
provided by the Vermont Department of Labor. I suggest that there be language in the proposal
that ties compensation to that of the mayor or other elected officials. Alternatively a percentage
yearly raise that follows the rate of inflation could be applied directly to counselor compensation.
I believe that it is important that the proposal contain efforts to keep the compensation rate
competitive moving forward. Any change would likely benefit politically by being pushed to be
enacted after the current city council terms expire.

 An additional state level strategy would be to commission a compensation survey for city
and town officials. The Vermont Legislature appears to have done this for statewide elected
officials in 2004 as a tool to restructure legislative pay. I found a similar survey for city/town
officials in Oregon where they have a ballot initiative (Measure 116) reinstating an elected
officials compensation board. The Oregon board has gone in and out of solvency since being
introduced originally in 1983 and eliminated most recently in 2017. This seems to be the most
holistic approach to determining a competitive statewide pay structure but also clearly comes
with costs both financial and political and may not be feasible nor prudent in a small state such
as Vermont.

 Attached is the table I created with all of the information on compensation that I could
find and verify with a source. I did find an article detailing numerous raises to officials across
Westchester county New York but the article contained a dead link and I could not confirm many
of the figures presented therein so I excluded that data. Here is the link to that story however.
 https://www.lohud.com/story/news/investigations/2016/07/11/elected-official-raises-
westchester/86573894/




 Page 12 of 31
 Previous
City State Year  Population Salary Salary Source
Burlington VT 2021 44,595 $5,000 N/A https://go.boarddocs.com/vt/burlingtonvt/Board.nsf/files/C2RGHU43F0BF/$file/City%20Council%20-

Montpelier VT 2023 8,023 $2,040 N/A Montpelier, Vermont, Article 11, Council Member Compensation Measure (March 2023) - Ballotpedia
Bangor ME 2016 31,588 $2,000 N/A City of Bangor, ME City Council
Brookline MA 2020 62,698 $3,500 N/A Brookline rejects proposal to raise elected officials' compensation
 https://www.salemma.gov/sites/g/files/vyhlif12836/f/uploads/ordinance_amending_ch._2_sec_271_
Salem MA 2015 44,722 $10,000 N/A _city_council_compensation.pdf#:~:text=The%20members%20of%20the%20City,an%20additional%20
Pawtucket RI 2024 75,066 $13,000 $7,000 Pawtucket City Council approves pay raises for its members, mayor
Woonsocket RI 2025 41,603 $12,000 $10,000 Woonsocket mayor and councilors to see pay increase in 2025 | News | valleybreeze.com
Harrisburg PA 2006 50,183 $20,000 N/A City of Harrisburg, PA Compensation of Elected Officials06
Lancaster PA 2024 57,453 $7,200 N/A Job Classifications & Salary Schedules | City of Lancaster
 City of Ithaca, NY Salaries and Compensation
Ithaca NY 2023 32,108 $17,091 $13,141 Common Council members approve $4K raises for 2024 - The Ithaca Voice
Somers NY 2024 21,656 $15,426 $14,904 Somers Town Board Approves Preliminary Budget
North Salem NY 2022 5,136 $17,563.08 N/A North Salem Town Board adopts 2022 budget
Utica NY 2020 65,283 $7,000 N/A City of Utica, NY Elected Officers
Schenectady NY 2024 67,047 $16,356 $14,100 Third time is the charm as Schenectady council adopts 2024 budget signed by mayor
Cortland NY 2022 17,314 $10,000 $5,000 City of Cortland approves 2022 budget at Tuesday night’s common council meeting (Video)
 https://www.ci.apple-valley.mn.us/DocumentCenter/View/18247/06-03-2024-Amend-Section-3005-M
Apple Valley MN 2025 55,416 $11,064 $9,132 2026#:~:text=the%20salaries%20of%20the%20Mayor%20shall%20be%20$1%2C320%20per%20month
Loveland CO 2021 77,884 $7,200 N/A https://www.reporterherald.com/2021/02/03/loveland-council-debates-pay-raises-for-members-asks




 Page 13 of 31
Page 14 of 31
Page 15 of 31
Page 16 of 31
Page 17 of 31
Page 18 of 31
Page 19 of 31
Page 20 of 31
Page 21 of 31
Page 22 of 31
Page 23 of 31
Page 24 of 31
Page 25 of 31
Page 26 of 31
Page 27 of 31
COMPENSATION & BENEFITS IN COLLEGE CITIES

LIST:
 - Asheville, NC
 - Charlottesville, VA
 - Ithaca, NY
 - Portland, ME
 - San Luis Opisbo, CA
 - Davis, CA
 - Chapel Hill, NC
 - Cambridge, MA


Asheville, NC

 ● Part time work
 ● Mayor and City Councilors are paid - avg salary $26,000 - $28,000 per year
 ● 8 weeks of paid leave for new child or to take care of a family member
 ● Medical, dental, vision insurance
 ● Healthcare + dependant care flexible saving account
 ● NC local govt retirement system employer contribution
 ● Paid vacation, paid sick leave, 13 paid holidays
 ● Sick leave sharing bank
 ● Life insurance
 ● Education assistance program
 ● Employee health clinic and disease management program employee use at
 no cost
 ● Full time or part time?
 ● Important to note: all city councilors are women + the mayor !!

Charlottesville, VA
  ● Part time work
  ● Entitled to benefits based on VA state law
  ● https://law.lis.virginia.gov/vacode/title15.2/chapter14/section15.2-1414.3/
  ● Compensation policy



 Page 28 of 31
 ○ Policy adjustments - provides an equitable system for council
 members and aids pay in specific circumstances

Portland, ME
 ● https://www.employeeconnects.com/wp-content/uploads/2024/05/CityOfPor
 tland_2024_BenefitsGuide_FINAL.pdf
 ●

Ithaca, NY
 ● Avg salary: $13,141
 ● After looking into their city council laws, it seems like they do not receive
 benefits outside their salary.
 ● Part time work


School Board Commission Benefits:


Interesting Read: 13 states bar school board members from getting paid - here's
where it's allowed




 Page 29 of 31
 ATTORNEY-CLIENT COMMUNICATION
KIMBERLEE J. STURTEVANT, ESQ. 149 Church Street
  ACA, Director of Litigation Burlington, VT 05401-8489
HAYLEY I. MCCLENAHAN, ESQ. Phone: (802) 865-7121
  Assistant City Attorney Fax: (802) 865-7123
ERIK RAMAKRISHNAN, ESQ. TTY: (802) 865-7142
  Assistant City Attorney




 CITY OF BURLINGTON, VERMONT
 OFFICE OF
 THE CITY ATTORNEY
 AND
 CORPORATION COUNSEL

MEMORANDUM

To: Gene Bergman, Charter Change Committee Chairperson

From: Erik Ramakrishnan, Assistant City Attorney

Date: August 14, 2024

Re: Burlington Charter Section 98a: revenue neutrality versus income sensitivity

Cc: Erin Jacobsen, Chief of Staff

 The City’s Charter sets forth various municipal property tax rates, including the general city rate
(Section 99) and rates for bonded indebtedness (Sections 100 and 101), police and fire (Section 102a),
streets (Section 102b), library (Section 102c), parks (Section 102e), and the housing trust fund (Section
102f). Section 98a of the Charter provides that the general city rate and the special rates for police and
fire and for streets should be factored down after every general reassessment to achieve revenue
neutrality.

 For example, following the general reassessment effective FY22, the City’s grand list increased
nearly 50 percent from approximately $37.8 million to approximately $55.5 million. The general city
rate was adjusted down accordingly from 27.29 cents to 19.52 cents. To account for new construction
and the vagaries of TIF, this adjustment still resulted in a slight increase in revenue, but it was nothing
close to the additional $4,313,629 that could have been generated from the reassessment.

 Revenue neutrality achieves the benefit of stabilizing property tax bills, but it also creates a
structural deficit in the long-term because it fails to account for inflation. To counter this effect, the
Charter allows voters to approve tax rate increases, but this is not typically effective in countering
inflation. For example, in 2021, inflation in the U.S. was around 5 percent, and in 2022 it was around 8
 The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
 status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
 accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.

 Page 30 of 31
G. Bergman
Page 2

percent. On Town Meeting Day 2022, voters were asked to increase the general city rate by only 5.5
percent effective FY23, but this measure narrowly failed. Consequently, despite historic inflation, the
general city rate has not increased since the last general reassessment.

 This built-in structural deficit requires the City to make cuts, defer maintenance, realign priorities,
and find revenue from new sources. As the City prepares for its next general reassessment, this begs the
question whether Section 98a requires reimagining. One approach may be to eliminate revenue neutrality
and replace it with income sensitivity.

 Achieving a form of income sensitivity appears to have been the original purpose of Section 98a,
which I am informed is rooted in circumstances occurring in the 1980s. Before Vermont instituted a
statewide system of education funding in the 1990s, the City was free to decide when to order a general
reassessment. Prior to the enactment of Section 98a, the City had not conducted a general reassessment
in many years, as a consequence of which conducting one would have resulted in an unprecedented
property tax increase that would force many of the City’s middle- and lower-income households out of
their homes. Revenue neutrality was put forward as the solution. However, revenue neutrality had the
effect of stabilizing taxes for homeowners at all income levels and for both vacation homes and
commercial properties. In that sense, it was a particularly blunt instrument for helping middle- and
lower-income households keep their homes.

 Income sensitivity as an alternative to revenue neutrality would allow revenues generated from
property taxes to increase over time while still protecting vulnerable homeowners from sharp increases
following a general reassessment. State education taxes provide a model for what this might look like.
Statewide, a single education tax rate adjusted in each municipality according to its Common Level of
Appraisal applies to nonhomestead properties. The homestead education tax rate varies by municipality
based upon the municipality’s approved school budget. However, for households with incomes below a
set threshold, currently around $128,000, the homestead rate cannot exceed a specified percentage of
household income, any excess due over that amount being applied as a “prebate” against the subsequent
year’s property taxes. Even lower income households qualify for an additional renter or homeowner tax
rebate.

 To address the City’s structural deficit, it may be appropriate to consider whether Section 98a is
still serving its purpose or whether it should be amended to superseded. Like all Charter amendments,
any change would require introduction by petition or City Council action followed by a vote of City
residents and approval by the General Assembly. Introduction of some form of income sensitivity would
also likely require cooperation from the Vermont Department of Taxes since the City has limited
resources to create a local system for determining household incomes and auditing returns.

 Please let me know what legal questions, comments, or concerns you or other members of the
Charter Change Committee may have relating to these issues.




 Page 31 of 31

Charter Change Committee
 Wednesday, August 14, 2024
 Public Works Front Conference Room at 645 Pine and Remote
 DRAFT MINUTES

Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Doherty

Staff Present: Kimberlee Sturtevant (Assistant City Attorney)

Public Present: Evan Litwin, Mark Barlow

Meeting called to order at 5:34 PM.

1. Agenda
 1.01 Motion to amend/adopt agenda

Motion to Adopt Agenda as is.
Motion by Councilor Doherty, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

2. Adopt Draft Minutes from 7/1
 2.01 Adopt Draft Minutes from 7/1

Motion to Adopt Draft Minutes from July 1.
Motion by Councilor Doherty, Seconded by Councilor Carpenter
Final Resolution: Motion Passes
Yes: Unanimous

3. Public Forum

No members of the public wanted to speak for this item.

4. Councilor Compensation

Councilor Carpenter recalled that this issue was raised back in 2021. She said she is unsure if
there is motivation for the Council to move forward on this given the current budget issues.

Councilor Doherty agreed and said the Committee should gauge the interest in this change with
the whole Council and if there is not a strong interest then the Committee should use its time on
other items.

Councilor Bergman said that over the last few decades the City has had many years of budget
gaps. He said this issue should be brought up with other councilors and thought about more
generally.

 Page 1 of 3
Evan Litwin (City Councilor): I think the Dante Seguino research is a good start. I think some
other metrics need to be identified and compared for the different comparable cities and towns.
Brookline, MA is one of the wealthiest towns in the Northeast and they currently pay their
councilors less than Burlington.

Councilor Bergman said adding a median income to the comparison chart for comparable cities
would be helpful.

Councilor Doherty said it might be good to have a sense of the number of hours or meetings that
comparable cities’ councilors regularly work.

Councilor Bergman said he would coordinate with Councilor Brown McKnight to survey what
the largest impediments are to councilor service and ways to mitigate them.

5. Property Tax Revenue Neutrality and Income Sensitivity

Councilor Bergman recalled the circumstances of the passage of Section 98a of the City Charter.
There was to be a large reappraisal in the 1980s and the property taxes for the Old North End
would have gone up considerably, leading to potential displacement. Section 98a was passed to
maintain budget neutrality in an attempt to limit this new burden.

Councilor Bergman said that the Mayor’s administration is working on this as well and he wants
the Committee to work in concert as needed.

Councilor Carpenter said that a lot of the data necessary to work on this question will come from
the State Tax Department and the City as an entity will have to request that data as opposed to
individual councilors.

Mark Barlow (City Councilor): The Education Fund has a lot of mechanisms for revenue. The
main concern is how income sensitivity would actually work and how it would affect those that
would be paying more and those that would pay less.

6. Report on Department Head Charter Change Priorities

Attorney Sturtevant said there was a meeting of department heads and that the Mayor’s Office
has collected the notes from that meeting and is drafting a legislative agenda that will be
delivered to the City Council in the fall.

Motion to ask the Mayor’s Office to let the Committee know the charter change priorities as
soon as possible to have any changes ready by early December.
Motion by Councilor Bergman, without objection.

7. Any Other Committee Business

Councilor Carpenter explained the history of attempted charter changes that would move the
power of redistricting away from the legislature. She said that the City of Montpelier changed
 Page 2 of 3
the process to redistrict to only require a vote by the voters and not require a bill in the
legislature.

The next meeting is set for October 1st at 5:30, location pending.

8. Adjournment
 8.01 Adjournment

Motion to adjourn.
Motion by Councilor Bergman, without objection.

The meeting was adjourned at 6:51 PM.




 Page 3 of 3