Total Recall

Or “how can I miss you when you won’t go away?”

By Will Collette

We’ve gotten a number of questions from readers about whether Charlestown has a provision to legally remove Town Council members from office (other than elections every two years).

That’s a very good question. Until very recently, Charlestown did not have a broad provision for a recall election to remove an elected official from office. On September 28, my colleague Tom Ferrio replied to an anonymous comment by posting a comment with a reprint of part of the Town Charter that covers recall. 

But since the questions keep coming in, here’s an expanded answer.

In 2006, the first stirring of what became the Charlestown Citizens Alliance (CCA) was an effort to recall newly elected Town Council member James Mageau and his allies in the Council majority John Craig and Bruce Picard.

The recall effort fell short because the Town Charter lacked a provision for it, except in the case where the official committed a crime. That prompted the recall group to organize into the CCA and go down the path we are on today.

In the November 2008 election, voters approved changes to the Town Charter to create a recall election process to remove elected officials.

Here is how the recall provision in the Town Charter currently reads:

Article LX. Removal From Elected Office

[Amended 11-5-1996; 11-4-2008]

Grounds for automatic removal

§ C-187. Cause, Authority and Procedure.

A. The following shall constitute cause for removal from elected office:

1. A plea of guilty or nolo contendere to a felony.

2. Final conviction of a felony

B. General authority. The registered voters of the Town of Charlestown shall have the power to remove elected officials from office by recall, provided that the recall may not be initiated during either the first four (4) or last six (6) months of an incumbent's term, or within six (6) months of any general election. Recall provisions shall apply to all elected bodies; Town Council, Planning Commission and School Committee.

1. Commencement of proceedings: Any five (5) qualified voters may commence recall proceedings by filing with the Town Clerk.

2. Petitions.

(A) Number of signatures. Recall petitions must be signed by qualified voters equal in number to at least twenty percent (20%) of the average of the total number of persons that actually voted at the last two (2) General elections in the town. (the average votes cast in the last two elections seems to be just under 4000, so the magic number would be roughly 800 - but check with Town Clerk Amy Rose Weinreich if you plan to launch such an effort).

(B) Form and content. All papers of the petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name and voting address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the name and office of the official for whom recall is sought.

(C) Affidavit of circulator. Each paper of a petition shall have attached to it when filed, an affidavit executed by the person circulating it stating the number of signatures thereon and affirming that he/she personally circulated the paper, that all the signatures were affixed in the presence of the circulator, and that he/she believes them to be genuine signatures of the persons whose names they purport to be.

(D) Time for filing recall petitions. Recall petitions must be filed with the town clerk within seventy-five (75) calendar days after the clerk's issuance of the blank petition.

3. Procedure after filing. Certification of petition. The town clerk shall forthwith refer the filed recall petition to the board of canvassers which shall within ten (10) business days prepare a certificate as to the sufficiency, specifying if it is sufficient and specifying if it is insufficient, the particulars wherein it is defective. Any voter who is unable to write may sign by making his or her mark (X) on the petition in the presence of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing.

4. Submission to voters. The vote of the town on a recall petition shall be held not less than forty-five (45) calendar days and not more than sixty (60) calendar days from the date that the board of canvassers certified the petition as sufficient.

5. Results of election.

A. If a majority of the votes cast on the question of removal is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon certification of the election results.

B. If a majority of votes cast on the question of removal is not in the affirmative, then no subsequent recall petition for the same individual may be initiated for at least four (4) calendar months.

6. Filling of Vacancy. With regards to a recall of a Town Council member, the vacancy of this term shall be filled by the manner prescribed in section C-24 of this Charter. With regards to a recall of a Planning Commission member, the vacancy will be filled in the manner prescribed in C-172 of this Charter. With regards to a recall of a School Committee member, the vacancy will be filled in the manner prescribed either in C-116 of this Charter or as prescribed in the Chariho Act, whichever is applicable.

Deb Carney chaired the Charter Revision Commission when this change was written and presented to the voters. She explained how it is supposed to work:

“The first clause, Clause A, is for removal if an elected official is found guilty or pleads nolo (no contest). Then they would be removed from office.  This is similar to what was in the previous version of the Charter.  The version dated 12-15-2006 states:

C-187. Cause.

The following shall constitute cause for removal from office:

A. Willful violation of any provisions of this charter or any ordinance.

B.  Incompetency to perform the duties of the office held, or willful neglect of duty.

C. Conviction of a crime involving a felony.

D. Willful misconduct to the injury of the public service."

“This version outlines reasons for removal from office, but lacks a process for doing so."

“With the Charter amendment approved in 2008, if the voters are unhappy with an elected official’s performance they can invoke Clause B. which is the recall process and follow the procedures that are laid out in that Clause.”

Recalling Charlestown elected officials isn’t supposed to be frivolous or done in haste, especially since they are aimed at nullifying elections that take place every two years, at least in the case of Town Council members. Planning Commissioners are elected to six year terms.

The current language in the Town Charter provides citizens with the means to remove elected officials for reasons other than established criminal offenses. The recall petition and election process doesn't actually require any reason, although it seems unlikely that the recall effort would succeed without showing good cause.

To date, no elected Charlestown town official has been the subject of a recall proceeding under the new provisions of the Charter.

OK, now that we’ve got the tense part out of the way, how about a little music? Here’s a Dan Hicks cover of a Homer and Jethro classic (it’s one of the half dozen or so country music tunes I like):