Revising with recall in mind (Printed July 9, 2010)
By David Harry
Staff Writer
To recall or not recall is one topic councilors considered at a workshop this week to review proposed changes to the town charter.
The workshop, held Wednesday after the Leader deadline, was an opportunity for seven members of a charter review committee to present possible revisions developed since it began work last September.
Former Board of Education member Annalee Rosenblatt chaired the committee that includes residents Kerry Corthell, Jack Kelley, Charles Callahan, Bud Hanson, Linwood Higgins and Tinamarie Smith.
“It’s a big issue – it is the constitution for the town,” Rosenblatt said.
Proposed changes would revise phrases in the existing charter and set procedures for recalling councilors and board of education members. The committee also proposed a seven-member, long-range planning committee to advise on town growth and development and more fully define composition of the planning board.
The proposed recall procedure would allow 25 registered voters in town to initiate a recall petition that gives reasons for recall of an elected councilor or board of education member.
After those signatures are certified by the town clerk, recall organizers would have 20 days to gather more signatures of registered voters equal to 25 percent of ballots cast in the last gubernatorial election, or about 2,200 signatures.
Once the required signatures are certified, councilors would schedule a recall election within 30 to 60 days. A recall election could be incorporated into a regularly scheduled election if the petition signatures are certified within six months of that election. Voter participation of 25 percent would be required to recall a councilor.
The proposed amendment also revises the procedure to overturn ordinances passed by the town council. It also would require at least 25 percent of registered voters to cast ballots.
Kelley said the recall amendment requires a number of steps so it could not be used to remove elected officials for frivolous reasons.
“It’s a good idea, but make sure the threshold is high,” Kelley said.
Causes for recall are not listed in the amendment. Rosenblatt said it did not seem correct for councilors to decide grounds for their own recall.
The amendment itself is due in part to the contentious land swap on Pine Point approved by councilors last fall that involved Depot Street land owned by Nicholas and Peter Truman, who also own the Lighthouse Inn, Smith said
The votes prompted suggestions for a recall procedure from Pine Point Resident’s Association members who saw it as a one-sided deal that favored the Trumans.
Smith said the commission heard those opinions but wanted to ensure strict standards for removing elected officials from office.
“We want to be fair to the town and people so it cannot be done on a whim,” said Smith.
Several recall efforts have been initiated in Southern Maine over the last five years. Last week, voters in Acton recalled Selectman Tony Cogliandro and cited his alleged refusal to allow proper public debate, treatment of Selectman Larissa Crockett and failure to follow town ordinances and regulations.
Residents in Arundel have initiated a recall effort against two selectmen, including Byron Kindley, who faces charges of drug trafficking and receiving stolen property. The other selectman facing recall, Dana Peck, is not associated with that crime.
Peck ran unopposed and was re-elected to the board of selectman less than a week before a petition to recall him began circulating.
In December 2005, voters in Hollis recalled two selectmen. Voters in Brownfield recalled two selectmen in June 2006, and an effort to recall a Waterboro selectman failed earlier that spring.
In reviewing and revising the charter for the first time in a decade, Rosenblatt said the work was critical but the charter fundamentally sound.
“I think the charter works pretty well,” she said. “It was somewhat troubling that it was not as clear cut as possible.”
Smith said she believes creating the long-range planning committee will benefit future efforts to amend the comprehensive plan because differing goals and ideas about the town’s future will have been discussed.
After the workshop, it will be up to councilors to accept, amend or reject changes to the town charter. All proposed changes are subject to voter approval.
Changes to the charter would likely be on the ballot for November general elections when voter turnout is anticipated to be high because of gubernatorial, congressional, legislative and town council and board of education races.
Staff writer David Harry can be reached at 282-4337, ext. 219


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