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Date: 3/24/2016
EAST LONGMEADOW – Two different groups are proposing the creation of elected official recall provisions, both of which will come before voters this spring.
Resident Peter Cokotis has submitted a citizen petition that calls for adding a recall provision to the town’s bylaws, which will appear on the May 16 Town Meeting warrant.
According to a draft copy of the citizen petition a minimum of 500 voters would be needed for a recall election to take place. The elected official in question would continue to preform their duties until the recall election. If a majority of residents vote for a recall of an elected official, that person would be immediately removed from office.
Charter Commission Chair Dawn Starks told Reminder Publications the proposed home rule town charter, which calls for a change to a council-manager form of government, includes a recall provision.
She added she is aware of the citizen petition, noting that it would also need special acts legislation approval from the Massachusetts House of Representatives and Senate following Town Meeting approval.
“Getting a recall provision as a stand alone is not impossible ... You can’t just go to Town Meeting and vote in a recall provision and have it done. If we could, I imagine we would have done it long ago,” Starks said.
The citizen petition also states the Charter Commission’s recall provision served as a model for the warrant article.
Town Moderator James Sheils said he supports the recall citizen petition.
He noted one aspect of the charter he supports is its recall provision.
In related business, the Charter Commission is hosting two public forums on March 31 and April 7 at the Council on Aging at 7 p.m. to address the charter, which is set to come before voters during the April 12 Town Election.
“The public forums – I want to be clear – are not public hearings,” Starks said. “We are not longer taking public input and testimony. It’s merely to answer and clarify what is already out there.”
The Charter Commission has proposed a seven member at-large Town Council, which would eliminate Town Meeting and serve as the legislative branch of the government, and a strong town manager, who would act as the executive branch.
Starks said she’s aware of resident concerns about eliminating Town Meeting.
“We were very concerned about that ourselves,” she explained. “We have provided avenues for citizens to have their voices heard. First, their vote will directly put in the people they want representing them into that Town Council. The Town Council must provide for public input at every hearing [and at] every meeting.”
She added the charter also includes a citizen initiative petition, which is similar to Town Meeting citizen petition articles.
According to article 8 of the final charter, which outlines citizen relief mechanisms, a minimum of 100 voters must sign an initiative in order for it to move forward. The Town Council or School Committee would also be required to host a public hearing on the citizen initiative petition.
Action must be taken no later than three months after the petition was filed with the Town Council clerk or secretary of the School Committee, the charter states.
The initiative allows residents to stop controversial issues brought up by the council or School Committee “dead in its tracks,” Starks said.
“And if you want to push it all the way to the ballot box, you can,” she explained. “We really were sensitive to the loss of Town Meeting. On the flip side, with Town Meeting over the past five years 2 percent of the population is showing up. It’s getting difficult to fill quorums.”
Sheils said he respects the work done by the Charter Commission, but he is opposed to its final charter – specifically the elimination of Town Meeting.
“I think it’s important for the town citizens to have the ultimate say through direction action, direct democracy, on the fundamental matters, which affect everyone in town – things like the budget, zoning issues, and finances in general,” he added. “I just think it’s best if those powers remain in the Town Meeting legislative body as opposed to concentrating that power in seven individual council members.”
Sheils said he believes giving residents the opportunity to speak during council meetings is not the equivalent of having the opportunity for residents to vote at Town Meeting.
He added he would be in favor of a provision requiring the selectmen to allow residents to speak without prior notice as long as there would be a time limit provision.
He also shared his thoughts about the Board of Selectmen’s March 16 meeting, in which Selectman Paul Federici was removed from the chair and interim Town Administrator Gregory Neffinger was made the permanent town administrator to the shock of about 200 residents attending the meeting. There was nearly consistent public outcry on the motions for these decisions – both made by Selectman William Gorman.
“I don’t think there was proper notice for the actions that were taken,” Sheils said. “While I recognize that at the selectmen’s meetings the public does not have the automatic right to speak … It was quite clear that a large number of citizens attending that meeting wanted to say something and ask questions.”
Sheils said he believes there are a lot of questions in town as to why the board’s actions were taken rapidly.
Starks said the selectmen’s recent decisions have served to “educate” the public on the charter.
“As a voter, you need to be engaged and participate,” she added. “I do think that the positive of this is that people are becoming engaged.”
She said if the charter passes, the selectmen would be stripped of their major executive powers following the April 12 election and would continue to function in that capacity until town councilors would be sworn in on July 1.
“The powers and duties of the Board of Selectmen are greatly reduced,” she added. “They’re kind of in a holding pattern. They can’t renew [or] enter into contracts … Basically they kind of sit there and we did that so damage could not be done.”
The selectmen also voted to hire Police Sgt. Jeff Dalessio as the new police chief. Gorman would negotiate the contract between the two parties.
Dalessio told Reminder Publications he is still interested in the position, but is waiting until Chief Douglas Mellis’ contract expires at the end of the month to announce whether he plans to take the job.
“I don’t know what direction the town is going in,”?he noted.
Cokotis was not available for comment as of press time.
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