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Date: 9/27/2021
GRANBY – Several financial items, as well as a new bylaw, were passed during a Special Town Meeting in Granby.
The Special Town Meeting on Sept. 20 began with Town Administrator Chris Martin reading the first article, which was to raise or appropriate the amount of $18,679. Martin explained the cost was for an additional student to attend Smith Vocational for their graphic communication program. He said the town was notified of the student attending the high school after the town meeting was hosted in June.
One resident questioned if the student was currently a member of Granby Public Schools and if their tuition was covered in the fiscal year 2022 (FY22) budget. Superintendent Stephen Sullivan, who was in attendance at the meeting, explained the student was a Granby resident but had been attending school in a different district. The town voted in favor of passing the motion by a majority vote.
Article two was then presented by Martin, which was to raise or appropriate $5,000 to fund the Pioneer Valley Mosquito Control District for FY22. Martin explained that the organization helped the community stay ahead of sickness and without it they would depend on sick animals to tell them when illnesses were present in the community. One resident asked if there was a presence of West Nile or if it was a routine measure. Martin explained a state-wide basis used testing for the diseases, he said it was a “worthwhile expense” to prevent people and animals in town from contracting any deadly diseases. The motion passed by a majority.
The next article was to raise and fund the assessor’s office budget in the amount of $18,761. Martin explained after the town meeting an assistant had been hired for the office at a rate that was higher than was budgeted for. The article passed by a majority with no discussion.
The fourth and final article on the warrant, which instructed a representative to file legislation for a recall bylaw. Martin went through the requirements for such a bylaw to be implemented, which included not allowing for the recall of an elected official who had been serving for less than six months in the position. He also outlined the three-step process by which a recall bylaw could be brought forth, which would begin with 100 registered voters petitioning to file an affidavit with the town clerk. Following that, a petition would be filed and would require 25 percent of the town’s registered voter population to sign by the end of 28 days.
Martin said should the petition get the signatures needed, it will be submitted to the Selectboard. Following the submittal of the petition, if the elected official does not resign within seven days, a special election will be conducted no earlier than 45 days and no more than 60 days after the petition is submitted to the Selectboard.
Reasons the recall bylaw may be utilized include “insobriety while performing officials functions, involuntary commitment to a mental health facility [or] being placed under guardianship or conservatorship by a probate court.”
Other offenses that could result in a recall election include the conviction of a felony “involving moral turpitude, conviction or bribery, or extortion;” neglecting of duties such as “repeated absences from meetings without just cause;” or misfeasance, which is described as “performance of official acts in an unlawful manner, or a willful violation of the conflict of interest law, open meeting law or other ethical violations.”
In discussion, resident Seamus Connelly expressed concerns over “time and energy and taxpayer dollars” being used to create and potentially implement the bylaw. “I do not think we should be approving these recall elections because then we have to approve of more special elections,” he said. “I don’t think it’s worth the time and effort.” He said he felt as though it would “divide the town.”
Another resident, who said he first brought the bylaw before the Selectboard more than three years ago, explained that “more than half the communities in Massachusetts have a recall bylaw.” He summarized the bylaw by saying in Granby 1,200 signatures would be needed to bring forth a petition for recall. He said he felt the “every Granby resident will benefit from this if it is passed.” He emphasized that the bylaw did not apply to appointed officials such as the superintendent, fire chief or police chief.
He referenced other communities that he said had tried to recall officials but did not have a bylaw. He then went on to say it was “very hard” to recall an elected official and urged people to vote in favor of the bylaw.
Another resident asked about the current process in place should an official commit an offense. Martin explained that currently in the town of Granby elected officials could continue to serve until their term ended. It was also explained that without specific language no elected official would be automatically terminated should they commit any crimes as Massachusetts General Law did not include language for such termination.
Gregg Leonard, who serves on the Board of Assessors, expressed concerns that the “bar was too high” and said he’d like to see the number of votes needed to be lowered. Another resident echoed this and said “we can’t get 25 percent of the voters to come to town meeting.”
“It’s going to be an impossible task,” he said.
In continuing the discussion former police chief Alan Wishart said it was a high standard, but he said he felt it should be that way. “It shouldn’t be used as a political tool,” he said. “If it is to be used I hope it’s for such a serious situation. I hope it would be bad enough that we could get 1,200 signatures. And if it isn’t bad enough and it’s split, maybe we shouldn’t be using the recall.”
Connelly then again expressed his support of voting on an amendment of removing elected officials “immediately” should a crime be committed. “I think it will just divide our town even further,” he echoed.
The resident who initially expressed support for the bylaw responded to Connelly’s remarks and said, “You can’t get rid of anyone unless you have the bylaw.” Ultimately, the recall bylaw was passed by a majority vote.