Sunday, July 19, 2009

Guess Who Has the Power?

Laws and rules maintain our society's structure. As voters, we have the final say at the polls about the laws and rules that govern us. We expect the officials we elect to carry out what we approve.

We do not expect them to act contrary to the best interests of the town as a whole. If we find that an elected official has altered or not honored what we have approved, or acts in a way that is not in the best interest of the town, then we can choose to "un-elect" that official before his or her term is over.

This procedure is called "recall."

(As found in Maine Municipal Association Officer's Manual) "According to 30-A M.R.S.A. §2602(6), the municipality may establish a recall procedure by charter or ordinance which will control municipal offices....Without a locally established recall procedure, there is no way to fire a municipal officer before the natural expiration of his or her term of office."

The Town of Paris does not have a charter; it must be guided by individual ordinances designed for and ratified by voters.

If Paris voters elect an official, but "lose faith" in that elected official's ability to lead the town, and feel strongly enough about it, the question could become one of reversing the decision they originally made at the polls. As opposed to legal recourse (e.g., a criminal prosecution or a civil suit), political recourse is the will of the voters expressed at the polls.

As many towns in Maine have already done, the Town of Paris needs to have a recall ordinance put in place. It is the tool that establishes the procedure for a recall election, and allows for the removal of an elected municipal officer.