Fair Action Fairhaven and Windwise are co-sponsoring a number of articles for Town Meeting consideration (according to the facebook and website of FAF). While each of these articles deserve consideration and discussion, I think it best to deal today with the one article that flies in the very face of a major complaint of both groups, being a lack of transparency in government.
One of the articles seeks a by-law adoption allowing for a secret ballot at town meeting when 1/3 of the members call for one. There is a second article which proposes the same thing, except that wording making it clear that if 1/3 the members vote for a secret ballot it must be taken.
Let's start with the simple fact that this is not legal, and if many members of these groups remember the last time a move was made to try and get a secret ballot on the school issue, they should know it is not legal. For those out there who might be saying that is just your opinion note as follows:
This first link is to the Massachusetts General Laws governing secret ballots for a representative town meeting. M.G.L. c. 39, Sec. 15. Read the last paragraph. Anticipating from the start someone out there is going to try and latch onto the provisions of the paragraph that precedes that one, pay specific attention to the term "subject to this section". That prohibits a by-law that does not comply with the section.
Also, for conformation see the Citizen's Guide to Town Meeting published by the Secretary of the Commonwealth. Please go to the site and review it. For convenience here is the applicable section taken from the Q & A part:
Does a representative Town Meeting use the same methods of voting? Yes, a representative Town Meeting does use the same methods of voting. However, a representative Town Meeting can take a vote by secret ballot only if 2/3 of the Town Meeting Members present and voting approve it.So plain and simply it takes a 2/3 vote. Why you may ask?
In a representative town meeting, each member is an elected official representing the non-elected members of her or his precinct. Believe it or not, you are not suppose to be there just representing yourself! You actually are suppose to do exactly what many of you are clamoring for, representation of the people (including those who don't agree with you).
Quite frankly, I do not believe any legislative body, which is exactly what town meeting is, should have a secret ballot for any reason. The people who elect you have an absolute right to know how you vote.
Let's deal with the consistent argument I hear why there should be secret ballots. People feel intimidated, threatened. There is a simple solution to that. If you are afraid to stand up and be counted as an elected representative, don't run.
I find it more then just a bit hypocritical that any group arguing for more transparent government seeks to install a by-law that will provide less transparency.
I am glad that the redrawing of the precinct borders has led to everyone needing to run for their TM seat this year. I encourage every voter to carefully consider the names on the ballott for TM Members in their precinct. Before you vote ask yourself do you even know those people,do they have similar values as you and can you trust them to be conscientious representatives? This shouldn't be about politics or a single issue, it should be about who are the best people to govern our town.
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DeleteHippocritical and ironic. I've been pointing this out to people as well! In my opinion, there should be NO secret ballots whatsoever. If the issue is important enough for you to have a ballot, you should own your vote. This goes for unpopular issues, Town employees voting on their own contracts as Town Meeting members, and anything else.
ReplyDeleteOpen and fair!
If you feel so strongly about transparent government, then how about turning on the goverenment access television cameras, that sit idle brand new, staring into your face every meeting Mr. Chairman?
DeleteThen when wind operators are before the Conservation Commission, EVERYONE will be better informed.
Why do you REFUSE to turn on the cameras that Comcast customers paid thousands of dollars for in franchise fees, to provide open and informing government to everyone. If the issues are important enough to post a meeeting, you should own YOUR vote, this goes for unpopular issues. Hippocritical.
Come to think of it, as a Town Meeting Member wouldn't it be a conflict of interest to be able to vote on articles that directly determine your salary/benefits/job security. For instance, David Gonsalves does not vote on School Committee items that have a link to bus contracts, because he works for the bus company. Shouldn't that apply to Town Meeting votes? Sorry if this is an ignorant question,just wondering what makes it different even if it is legal.
ReplyDeleteTown Meeting Members have been excluded from the conflict of interest law both through statutory designation and various case law. Town Meeting members simply do not have a legal conflict of interest under the law when acting as town meeting members (I do agree that there is an inherent problem with this, however, it is nonetheless the law).
ReplyDeleteThat being the law, it's one more reason why there should absolutely be no secret ballots at Town Meeting. TM members should be willing to allow the people in their precincts to see how they voted. Especially if a TM member votes solely on the articles that benefit only him/her self then leaves the meeting. I really hate that. If a citizen does not approve of how the TM members for their precinct vote then the citizen may not wish to re-elect the same representatives when their terms are up.
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