Request for Amendment of the Regional School District Agreement

Between the Towns of Hamilton and Wenham

Reference is hereby made to the Regional School District Agreement, most recently amended and restated by “AMENDMENT TO AGREEMENT BETWEEN THE TOWNS OF HAMILTON AND WENHAM WITH RESPECT TO THE ESTABLISHMENT OF A REGIONAL SCHOOL DISTRICT RESTATING THE PROVISIONS OF SAID AGREEMENT” as adopted by the Hamilton-Wenham Regional School District Committee on April 27, 2000 (and as further adopted by the Town of Hamilton on May 15, 2000 and by the Town of Wenham on May 6, 2000) (hereinafter the “Agreement”)

The undersigned, being residents and at least ten (10%) percent of the duly registered voters in the Town of Hamilton, request that: (1) the Town Clerk, pursuant to the provisions of the Agreement, and in particular the provisions of SECTION VI:  AMENDMENTS, present this request for an Amendment to the Agreement to the Secretary of the School Committee; (2) that the Secretary of the School Committee mail or deliver notice in writing to the Board of Selectmen of each of the member towns (as the same is defined in the Agreement) that a proposal to amend the Agreement has been made, enclosing a copy of this proposed Amendment with such notice; and (3) that the Board of Selectmen of each member town include in the warrant for the next annual or special town meeting called for this purpose, an article stating the proposed amendment or the substance thereof.

By submission of this proposal, the undersigned also request that the Board of Selectmen in each of the member towns, and as residents and duly registered voters in the Town of Hamilton, place this request as an Article at the next annual Town Meeting.

Proposed Amendment:

The undersigned hereby request that the provisions of SECTION IV:  APPORTIONMENT AND PAYMENT OF COSTS be modified and amended by adding to subsection (A) thereof, the following additional paragraph, to be numbered (4):

(4)     Operational Audit

An Operational Audit shall be conducted, within six (6) months after the approval of the amendment to the Agreement by the member towns and within every five (5) years, thereafter, by an independent, outside audit firm, to be chosen collectively by the Board of Selectmen of the member towns, to conduct a complete and full Audit of the school facilities, the school budget, the proposed Capital Costs, Special Operating Costs and the Operating Costs, the personnel, and any and all other operational aspects of the Regional Schools; with a complete copy of the Operational Audit to be filed with the Board of Selectmen of each of the member towns and to be made available to the citizens of each of the member towns, at their request, within sixty (60) days of the completion of the Operational Audit.  The Superintendent of Schools or the School Committee shall, within sixty (60) days of receipt of the Operational Audit, adopt and implement the recommendations made therein or, in the event that it shall not be practical to adopt and implement the recommendations within that time frame, report to the Board of Selectmen, at an advertised Public Hearing, the plan for adoption and implementation of each recommendation with a time limit relating thereto.

The undersigned further request that the provisions of SECTION IV:  APPORTIONMENT AND PAYMENT OF COSTS be modified and amended by changing (3) of subsection (A) thereof, to read as follows:

(3)     Operating Costs

Operating costs shall consist of all costs of the District other than capital costs and special operating costs, and shall include the costs and expenses of the Operational Audit.

The undersigned hereby certify that they are registered voters of the Town of Hamilton:

MOTION TO AMEND

ARTICLE 14 – REGIONAL SCHOOL DISTRICT AMENDMENTS – CITIZENS PETITION

[________________] moves that the Town vote to amend the Hamilton Wenham Regional School District Agreement, most recently amended and restated by “AMENDMENT TO AGREEMENT BETWEEN THE TOWNS OF HAMILTON AND WENHAM WITH RESPECT TO THE ESTABLISHMENT OF A REGIONAL SCHOOL DISTRICT RESTATING THE PROVISIONS OF SAID AGREEMENT” as adopted by the Hamilton-Wenham Regional School District Committee on April 27, 2000 (and as further adopted by the Town of Hamilton on May 15, 2000 and by the Town of Wenham on May 6, 2000) (hereinafter the “Agreement”) by

 1. adding to subsection (A) of SECTION IV:  APPORTIONMENT AND PAYMENT OF COSTS  the following additional paragraph, to be numbered (4): 

           (4) Operational Audit 

An Operational Audit shall commence within six (6) months after the approval of the amendment to the Agreement by the member towns by an independent, outside audit firm, to be chosen collectively by the Board of Selectmen of the member towns, to conduct a complete and full Audit.  The two Boards of Selectmen shall formulate and issue an Request For Proposal, upon consultation with the Citizen Petitioners, consisting of the specific areas to be examined by the Operational Audit to be drawn from the general areas as follows: the school facilities, the school budget, the proposed Capital Costs, Special Operating Costs and the Operating Costs, the personnel, and any and all other operational aspects of the Regional Schools; with a complete copy of the Operational Audit to be filed with the Board of Selectmen of each of the member towns and to be made available to the citizens of each of the member towns, at their request, within sixty (60) days of the completion of the Operational Audit.  The Superintendent of Schools or the School Committee shall, within sixty (60) days of receipt of the Operational Audit, report to the Board of Selectmen, at an advertised Public Hearing, their response to the recommendations made in the Operational Audit.  The costs and expenses of such Operational Audit shall not exceed the sum of Ninety Thousand and 00/100 ($90,000.00) Dollars and shall be paid by the member towns according to the current fiscal year rolling average assessment percentage as follows:  (1) by the Town of Wenham, 32.68%; and (2) by the Town of Hamilton, 67.32%.

The purpose of this Amendment is to:

• Remove the requirement that an Operational Audit be conducted every five (5) years;
• Remove the obligations of the Superintendent or School Committee to adopt the recommendations of the Operational Audit;
• Remove the obligations of the Superintendent or School Committee to present a plan for such adoption;
• Require the Superintendent or School Committee to report to the Selectmen only their response to the recommendations made in the Operational Audit;
• Remove the requirement that the School District pay the costs of the Operational Audit;
• Require the towns of Hamilton and Wenham to fund the costs of the Operational Audit according to the current fiscal year rolling average assessment percentage (currently 32.68% - Wenham and 67.32% - Hamilton)
• Require that the costs and expenses of the Operational Audit shall not exceed Ninety Thousand ($90,000.00) Dollars;
• Require that the two Boards of Selectmen formulate and issue a Request For Proposal, upon consultation with the Citizen Petitioners.