I read in the Standard Times today that Mr. Carney is proposing a change in the Dartmouth Town Charter. His aim is to revise the charter so that Select Board members can be recalled. I think that Mr. Carney may want to do a bit of research on the Massachusetts General Laws. I think he is mistaken about the process for amending the Town Charter as it relates to a recall provision. From MGL Chapter 43B, section 10(a)
Amendments to a city or town charter previously adopted or revised under this chapter may be proposed by the city council of a city or the town meeting of a town by a two thirds vote in the manner provided by this section; provided, that amendments of a city charter may be proposed only with the concurrence of the mayor in every city that has a mayor, and that only a charter commission elected under this chapter may propose any change in a charter relating in any way to the composition, mode of election or appointment, or terms of office of the legislative body, the mayor or city manager, or the board of selectmen or town manager.Bold emphasis added and not in the original
So it would seem from the section above that ...
... a charter commission is where we are headed. Perhaps a charter revision can be made by Special Act of the General Court, but if not, there are a few more than 200 signatures needed. MGL Chapter 43B section 3,
The adoption of a charter for any city or town under sections two and three of Article LXXXIX of the Amendments to the Constitution and the revision of any charter so adopted shall be initiated by filing with the board of registrars of voters of the city or town a petition signed by at least fifteen per cent of the number of registered voters residing in said city or town at the preceding state election.Bold emphasis added and not in the original
There are about 20,000 registered voters in Dartmouth, so approximately 3,000 signatures will be needed. I'll leave it up to interested readers to review the remaining provisions for charter commissions and amendments to charters. You can start here, MGL chapter 43B, Table of Contents I will emphasize that I am not an attorney and nothing here should be taken as definitive. I can read and comprehend English and base this post on reading the language of the statute.
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30 comments:
At the public meeting held for Mr. Gagne at least two supporters spoke of democracy. Yet these are some of the same people who want to take away democracy by recalling the Select Board members that the voters elected. According to our charter, the voters choose the Select Board members. Town meeting cannot and should not have the right to take that away. It would seem democracy is only good if it works in one's favor.
Impeachment or, in this case recall, is an instrument used in a democracy to correct incompetent actions in our elected officials. What you and Chairman Joe and Diane have done warrants removal. Where’s the paper trail Bill that shows Mike’s not up for the tasks. What experience do you have in outsourcing or regionalization? If you had any experience you would know this is no silver bullet and requires extensive administration to gain any success. The empirical knowledge you are giving up by far out ways any potential benefit realized through outsourcing and consolidation. Can’t wait to see how many of your buddies will be on the search committee. Can we expect to see Barry and Frank G?
Bill, I had done some charter reform research awhile back and the process for establishing a charter reform commission is in MGL chapt. 43B sec. 3-9. You need a boatload of signatures, nine people committed to run for the charter commission, and about two years to complete the process. The establishment of a charter commission would allow for complete change of the charter and not just an ammendment. It would be the way to go if one were seeking REAL progressive change. If people want to do this right and form a charter reform commission, I will put my name on the ballot for the commission.
There are two major problems with town meeting as a legislative branch. One is that 37% of town meeting members are special interest people. If one third of town meeting members don't show up, they have a majority. The second problem is that town meeting only meets twice per year. The business of the town cannot be addressed fast enough in some cases. One of the other available forms of government, a
town council for instance, would meet more often and could more readily address issues facing the town.
I also think that in the meantime an article should be brought to town meeting implenting a town meeting member information session one week before the actual town meeting to inform members of the issues that they will be voting on.
For the record, I believe it to be in the town's best interest to NOT hire the new executive administrator from within.
I would like to see a change in our town government. I have been thinking this for some years now. This town needs an elected mayor. The idea that a town of 33 plus can be run with a volunteer SB who also (some anyway) have full times jobs is ridiculous!I agree that town meetings held twice a year are just not doing it for our town anymore. I wonder how many signatures we would need to get it on the ballot? I know many who also think a new form of government is needed in Dartmouth.
Anonymous 1:42. "requires extensive administration" You hit the nail right on the head. From everything I have heard from Michael's supporters, I have not heard any one say what extensive administrative plans he has to address our financial issues. Please fill us in.
It may be an instrument used in democracy but apparently not in Dartmouth's. If the town had wanted a recall provision they must have forgotten to add it to the charter.
S-T says,"Petitions seeking a special Town Meeting to adopt a recall provision through the Home Rule charter are expected to be filed today in the Town Clerk's office, according to Select Board member Robert W. Carney"
HAHAHAHAHAHAHAHAHAHAHAHAHA! Carney! HAHAHAHAHAHAHAHAHAHAHAHAHAHA!
"200 signatures" HAHAHAHAHAHAHAHAHAHAHAHAHAHA!
"Mr. Carney could not speculate on how long it will take, although he acknowledged it will be a long process"
HAHAHAHAHAHAHAHAHAHAHAHAHAHA!
Now certain people are trying to cut a deal that gets rid of the infamous Miller, Carney clauses in exchange for a Gagne renewal. Who do they think they are bargaining with, Gagne? Only he would give up more in a negotiation than he has to. I don't think these three are going to budge. Why? Because they don't have to. The recall effort is a joke. After all look who is leading the charge. Carney has never accomplished anything since he's been a selectman. Anything that gets decided by a general election is in Michaud, Gilbert and Trimble's favor. Some people don't know when to quit. Isn't that right Miller and Carney?
Hmmmm, looks like Bob better stick to saving the Pasky and leave saving Michael to Kevin Lee
HAHAHAHAHAHAHAHAHAHAHAHAHAHAAHAhAHA
When the shark bites, with his teeth white, scarlet billows... (Sing it with me!)
HAHAHAHAHAHAH
HAHAHaHHAHAHAHAHAHAHA
Just a jackknife has old Mack Heath, dear. And he keeps it out of sight(Just like the SB, look out Kevin) HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH
seems mack is'nt the sharpest knife in the drawer. skipping those meds again?
A little over the top Mack, but hilarious just the same.
Hey Dartmouth, How bout we use Carney's signatures to get a new form of government.
re: Carney's petition. We already have language that allows us to revise our town charter every ten years. Why would the state get involved in this when we have a provision already in place? This process could take a very long time. The SB will have all new faces before it's done. Carney should use his energy to get new form of govt. on the ballot.
The possibility would be that he and others would lose power and whatever control they had over the town and its governing. Why else is TM packed with special agenda people, some who leave as soon as their article is voted on, never mind what is good and needed for the rest of us? Why else would he be circulating a petition? Lots of people probably stand to lose a lot. It's that protecting thing Miller referred to.
Hey the ST says that "Micahud hopes to announce the members of an internal search committee Wednesday to work with the outside search firm."
Anyone have any guesses on who they will be??
More of the same decision making before they even get to a meeting. I continue to be disappointed with the proccess we are going through.
I'm not sure what to do about attendance at Town Meeting. Perhaps the ST could look at the previous years and make a list of those who consistently do not bother to attend. The list on the town's site is not current but gives you an idea that some people have not come for three years in a row. Why bother being a TM member if you're not interested in showing up. Some more attention needs to be paid to this issue if the town is ever going to move forward.
C'mon Joe can't you even make a pretense of discussing things with your fellow SB members at the next meeting, THEN, recommend your names to the Board? Is it just up to Joe to decide who sits on the selection committee?
Keep up the good work Joe. Obviously the old boy network is going to fight you every step of the way.
There is nothing at all wrong with Mr. Michaud expressing his desire to get this process underway. I share his goal of getting the search underway and I am sure that others on the Select Board do as well. The hiring of an executive search firm and the appointment of a search committee are on the agenda. Those items will be discussed and perhaps decided on Wednesday at an open public meeting.
If we all come prepared to discuss the matter, it is brought to a conclusion more quickly. I have suggested a possible way to populate the committee in a post on this blog. I'll suggest that at the meeting. Others may have different ideas. We will discuss those ideas and come to a decision. I will also have some suggestions on who should be on the committee and I'm sure others will have their suggestions. We nominate, discuss, and appoint. Anybody see a problem with that?
Those conspiracy theorists here will not be satisfied, but they also will probably not attend the meeting and see what goes on. That way they can continue to offer vague charges of impropriety that are without basis in objective fact.
Well Bill if it does go down as you have just described I withdraw my above criticism of Joe comments in the paper. How's that for being open minded.
Look for Doug Roscoe to be appointed to that committee.
anonymous 12:33. In response to the first olive branch being thrown out, I will try to disregard thoughts and memories of Doug Roscoe and just assume that he will have constructive input.
As you all know the fix is in and a new executive administrator has already been chosen by the Select Board. I don't like suspense so I am going to announce it now! The new guy is......................(suspense building)..................(ominous music playing)...............((women and children rush to find shelter)...................(wait for it)...............................
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA You rubes! He planned this all along. Did the recall business throw you off the scent? He's an evil genius! Karl ROve move over! The new guy is BOB CARNEY!!!!!!!!
HAHAHAHAHAHAHAHAHAHAHAHAH
Sounds like a good start anon 1:48.
I'm worried about Mack.
We all are!
The forensic data analysis program can only come up with a 5% probability match for Mack the Knife. Who is this guy and are we safe?
I don't care what your machine says, I am NOT Nat Dias,
HAHAHAHAHAHAHAHAHAHAHAHAHAHA
OK, OK,I am Nat Dias. I had to do this to save the jobs of my friends and family. Viva Bob Carney!!
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
sounds like the "shareholders" of the "business" of Dartmouth are staging a shareholder revolt. In a business if you dont like the way the board of directors is running the business you stage a shareholder revolt and throw out the directors. Glad its a business not a town
This recall business is pure buffoonery by Carney and Miller. It doesn't have a chance of coming to fruition. The shareholders will speak in April.
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