Special Town Meeting Update

Seems that we, the good people of Fairhaven, are going to have a special town meeting this winter.  If you read the S-T today, you will see there is some question whether the articles may be properly acted upon by town Meeting.

Despite whether the articles submitted are legal or not, the fact that articles have been submitted with the required number of signatures would apparently obligate the Board of Selectmen to call for a meeting.

For my two cents worth, even though it will costs substantially more than those two cents to call and hold a Special Town Meeting, I think we should play it out one way or another.   

If we don't hold the meeting, I am guessing we will be paying costs in legal fees equal to holding one in any event.  It may be no more then dotting the i's and crossing the t's as far as following the proper procedure in holding a meeting; however, I would go so far as to say let there be votes! 

If the articles are in fact ruled illegal/out of order, and someone challenges that opinion, hopefully in anticipation of this event, they will present in advance through what ever means available their legal arguments why these are legitimate articles.  Would love to see the citations and cases in support.  I will even post them for you here.  If you don't want to do that, if you post them somewhere else, I will provide a link on this blog if you send it to me.

The proponents do seem to feel they have gotten it right.  A spokesperson for the group pushing for the STM was quoted in today's edition of the S-T as being confident that the articles are in fact legal.

There will be three articles, the digest versions being: term limits for selectmen; a vote to require the selectmen to essentially terminate the wind turbine contract; and, one to extend the time period to gather signatures  for a recall petition.

On the issue of the recall petition, I have never made it a secret I am personally opposed to anything other than a recall on the basis of someone having been convicted of a felony (or certain misdemeanors).  We do nonetheless have a recall provision in our town, so I would look at the proposed change and see if it makes sense in light of the existing provision.  

As for term limits, I have said before, I am not opposed to the concept.  Unfortunately, in Massachusetts it appears the Commonwealth's Constitution is.  If it appears someone has found a loophole to the prohibition of imposing term limits, I for one will give the matter serious consideration.  If there is no loop hole then there is no debate in my mind.  We will see.

Attempting to terminate the wind turbine contract poses a whole slew of issues.  The only issue that really needs to be answered though is whether Town Meeting can legally force the Selectmen to do so. Someone may have pulled a rabbit out of their hat and found a way, but in general, Town Meeting cannot direct the Selectmen as to what they must or must not do in the performance of their duties.

I anticipate a firestorm at the STM. Whether these articles actually are debated or if they are ruled improper, dress light, because it is going to be one hot meeting.

If nothing else, it appears this will be a very interesting winter.