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Committee debates town clerk vs. council clerk, town attorney role and enterprise funds in charter draft
Summary
Members asked whether the council clerk should be the elected town clerk or a separate staff position, discussed the town attorney role (KP Law or in-house), and confirmed enterprise funds are statutory and handled through the budget process.
The committee spent significant time on how the charter should define administrative roles: the council clerk, the town attorney, and the treatment of enterprise funds.
On the clerk question, a committee member asked whether “the council clerk [is] the same as the town clerk that exists today as an elected position or is the council clerk somebody … a staff person.” Anthony, a Collins Center consultant, said his understanding was it is meant to be the town clerk but that municipalities can appoint a separate clerk for the council. Another participant clarified: “It is listed as a separate position. If you choose to, you can appoint the town clerk as the clerk, but some municipalities feel this is enough work to have a singular position to manage … the paperwork, the filings, and everything related to town council” (Pat).
On the town attorney, committee members noted Nantucket presently uses KP Law as outside counsel. The Collins Center team confirmed charter language should accommodate either an in‑house town attorney or an outside firm. Mel (consultant) described the typical legal arrangement: “The town attorney represents the town as a whole … none of the individual organs of the town are their own, so the town council is not a separate legal entity, so it can't have its own representation,” though special or outside counsel can be hired in cases of conflict or specialty matters.
Enterprise funds also were discussed. A committee member asked whether airport, water, sewer and other enterprise funds needed charter treatment. Collins Center staff confirmed enterprise funds are “established by state law” and typically are an accounting mechanism treated through the town’s budget process rather than via charter detail.
Why it matters: defining whether a council clerk is an elected town clerk or a separate staff role affects responsibilities and staffing; defining the town attorney’s role determines who holds contracting authority for legal services and whether separate counsel for bodies like the airport commission requires board approval.
Ending: consultants will revise language to clarify that the council clerk may be the town clerk or a designated staff clerk, that the charter allows either in‑house or outside counsel (with procedures for special counsel), and that enterprise funds are governed by state law and the annual budget process.
