Tuesday, August 4, 2009

How To Un-elect

Amidst citizens left out in the parking lot having to peer in windows; citizens already inside being commanded that they were done - one threatened with police removal - and Ch. Ivey announcing, "I'm not answering any more questions. I don't want any more questions," there was, in addition, something a little remarkable. At that 7-27-09 meeting, 354 registered voters presented a certified petition to the selectmen demanding that the recall ordinance presented 2 weeks earlier (and immediately tabled ) be put on a ballot.

A Recall Ordinance
*is the only tool that establishes the procedure for a recall election (see July 19, this site);

*allows for the removal of an elected municipal officer before his or her term is up;

*was drafted, by request of Paris Selectmen 2-9-09, by the Policy & Procedure Committee;

*was drafted after comparing 10-12 ordinances already in place in Maine towns;
(Google: "Recall Ordinances State of Maine")

*includes language for "The Recall Petition."

The Recall Petition
*in most of the ordinances researched, follows Maine Municipal Association sample's general structure;

*is not intended to be a frivolous act, and must follow protocol;

*includes language, set by each town, defining the specific percentage of voters who can initiate a petition;

*of many Maine towns researched uses the state statute suggested 10% number voted in last gubernatorial election; some argue that a higher number would deter tit for tat recall petitions;

*does not have to include in its language specific reasons for recall, though MMA's sample includes language that would ask the petitioners to state some general reason;

*that does include specific reasons for recall in its language can limit the effectiveness of the tool, by sidetracking into proving specific allegations instead of letting the voters make the decision as the law requires.

The status of the petitioned ordinance of 7-27-09 is unclear; there was a great deal of confusion that evening..... But two things are certain: (1) The petition includes legal language with deadlines that must be responded to in an acceptable fashion; and, (2) 354 people will take up more room than that little room and that parking lot put together can handle.