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Thursday, March 7, 2013

Citizens Petition


Well now that is over with, perhaps it is time to ponder something new. I mean while taxpayers are enjoying paying $1 less on the customer charge on light bills. Perhaps something good came from that after all. Now, what to ponder about citizens petitions; should Templeton residents citizen petitions be reviewed by Templeton town counsel prior to being presented at town meeting? Does not really matter if it is annual or special town meeting. Now before shaking your head and raising the legal costs issue, please take time to think about it. As you do that, let me say that this very subject came up to selectmen with the petition to abolish the light & water commissioners and I will post the e-mail thread about this subject as it was e-mailed to all selectmen and that would make it a public record and no sense anyone having to pay for it when I will provide it for free (I will request it from myself and post it on the blog as a public service) Apparently the question came up should town counsel check over the petition or any citizen petition for that matter, to ensure it is proper and legal so when voters vote on them, they are in fact voting on something that is legal, otherwise it is pretty much a waste of time and not only at town meeting but with the states Attorney General office as well. Selectmen Julie Farrell commented that in the past she had always been told that was not legal. Why would it be legal for town resident and selectmen for say Jeff Bennett to propose a warrant article to the BOS and have it voted on then it gets checked for legality by town counsel but another "regular" citizen presents a petition to be on the same warrant and it is not checked for legality by town counsel? This is not the selectmen or the municipality endorsing or speaking in favor of, because that is illegal, but rather ensuring that the "town" ensures all things presented to the legislative branch (the people at town meeting) is legal and correct; as in ensuring democracy works correctly by ensuring the voting and election mechanism works and is legal which I believe is very much a function of government. As the above mentioned e-mail thread will show, your town legal counsel has opined it is legal for town counsel to look over petitions for clarity, legality so as to ensure a correct and working democratic process. Please remember Templeton's lead town counsel is Mr. Paul DeRensis who also happens to be a selectmen (vice-chairman of the board) in his hometown. He not only opines on legal issues but he also serves in the same capacity as I do, as a selectmen dealing with the same issues as all other selectmen do which I think gives him and Templeton a great advantage. Yes I can hear the argument that if a citizen or citizens want a petition they should also be responsible for paying the costs to have it checked out legally. My answer to that is why? Why do I and my fellow selectmen, who are also residents of Templeton get to have the article we chose to bring forward get to enjoy the "privilege" of having our articles checked out by town counsel who is paid by you the taxpayers but the same privilege is not given to those same taxpayers? The few times this will happen would be a small price to pay to ensure that the legislature (you taxpayers) participates in voting on issues that are correct and legal. I believe that by not ensuring this very simple yet very important issue, we as selectmen are being very disloyal to those who have chosen us to do some of their work. I do not believe that simply serving in the executive branch I entertain more power or privilege than the legislative branch. Simply put, it is legal and a very good service and principle to ensure that the democratic process is clean, open and legal and how can anyone be against that I ask? As for the light & water citizens petition is concerned, town counsel opined it was legal but chairman Chris Stewart made the decision to not begin any new precedents and do what the previous town coordinator/town counsel did, deny equal protection under the law to the citizens of Templeton. To give benefit of the doubt to the chairman, and the e-mail thread will show this, selectmen Julie Farrell did state this was perhaps a decision for the chair and with the timing and volatility of the one issue, there may not have been time for a proper lengthy discussion by the BOS on this matter. I certainly hope this is brought up for discussion in the not to distant future as I consider this an important matter.

Jeffrey Bennett

13 comments:

  1. Nice to see the democratic process work. People can bring petitions and people can vote. I voted no I do not support "team Skelton" I voted no because I believe the correct thing to do is to vote new commissioners in if you don't think the existing ones are working for the people. for people to think that this was all "team Skelton" is sheer arrogance on their part. as I talked to people last night a lot of them agreed with me. and the ratepayers of this town think highly of the linemen, water employee and office staff.

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    1. I agree. The reason for my yes vote was due to reading (on Pauly's blog) how citizens with questions were initially treated by the elected commissioners and the GM.

      We're past the petition. I think it achieved some good results. If the good results continue (lower rates than National Grid, reduced service charge), maybe Dave's petition made the commission reconsider how they've operated and maybe they will be more respectful and open.

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    2. I agree 6:40. I also disagreed with the BOS running the L&W Dept. They have more than enough on their plate already and need to above and beyond all else unite and concentrate on their duties at hand. I believe we absolutly need new commissioners and with that being said the name Bob Mitchell comes to mind. He is an asset to OUR Templeton. He was recalled by a group of rogue townspeople ruled by a Jim Jones and that wrong needs to be righted. DB & CS need to find another part time job. I am also apauled at the salaries of the office workers. Really?? If they are indeed employees of Templeton they need to be paid using the same pay/benefit scale as ALL other town office help.

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  2. I'll post the e-mail thread. I already have it ready...along with two more citizen petitions. More snow and/or ice on the way today, so no school for me. No school=brownies!

    I do believe the e-mail thread is worth discussion and posting. I'll get right on it.

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    1. I am not going to ignore the elephant in the room. We got blown out of the water last night! What was the only positive thing coming out of this is, maybe we planted a seed, as Bart would say, and just maybe people will pay attention to what these guys do. It is so scary that these people don't get it. They could be robbed if front of their own eyes, but they do not care. It is their town too, so the majority rules. Bev.

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  3. To anon 6:40 am and to all others, I do not believe the petition was about the employees, other than the general manager, it was about the commissioners and the apparent lack of open information to rate payers. I hope someone soon can give the taxpayers of Templeton the total to date cost of the wind turbine and when it can be working correctly again. What is the expected life expectancy and what is the payback time frame.

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    1. Let me tell you one thing, there is no way that they will let any of that information surface, until after the May elections and ATM. The people in the crowd do not have any idea, how much that mess is going to cost us. They have no idea what a mess the town is in. I hope everyone has deep pockets. The tax increases will kill a lot of the people who are barely making it. Bev.

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  4. i agree with Jeff, i heard first hand from many people (some who work at light/water department) that if this passes, they will lose their jobs, i think that the manager (Driscoll) was telling the employees that so that they could go around town talk to their families, friends, etc. so they could get as many no votes as possible. It is unfortunate that they were lied to. i believe the petition was an attempt to try and get accurate information, not only accurate but actual figures. the manager is stuck on himself that he feels that department does not need to report to anyone-no accountability. the town was not going to drain their funds - the town just wants answers to their questions and in my opinion when you deflect questions or play the blame game, you usually are lying or you have something to hid. if their operation/department is all in the up and up, then why not answer the questions asked and provide the information requested?

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    1. I hope people will apply for their rebates, now that they know they exist. Out of that room full of people, only two hands went up when I asked about rebates, and who had gotten them. One person was Shawn, go figure! Well, I hope the seed we planted grows real fast, and real strong. I have to hand it to Mark Haranus, he did not throw us under the bus. He must get the drift. He has been watching what goes on in this town long enough. Bev.

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    2. Bev there was more than two hands, Funny thing is, pretty much the whole row of Light Employees raised their hands, NOBODY else in the auditorium did. ANOTHER inside only benefit.

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    3. I have supported many of the ideas from C4T and agree that their are problems with the L&
      W commissioners and manager. My problem with this citizen's petition was having the Selectmen take over the running of this important department. I hope Dave S. will consider running for L&W commissioner because I believe his heart is in the right place. Thank you all for bringing these problems to light.

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    4. FYI the votes were a landslide, if I had to estimate I'd be close at 300yes to 10no on #6. Also the rumors of the employees leaving was not the managers doing. They all have their own opions for their own reasons. They just plain refuse to work for the board of selectmen is all. AS STATED BEFORE, IF YOU HAVE BEEF WITH THE COMMISIONERS VOTE THEM OUT! Too many variables to abolish the board and the Public has spoken, so get laid and get on with your life. Obviously you people have too much free time to dwell on such petty topics. Now this is OBSURD!

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    5. There are so many things wrong with what you posted here John. I think your anger about something has lead you not realize what you written. Yes, you are correct; it was a landslide, however with a NO vote. Okay tell me that kind of detail doesn’t matter. But it does John. So you also say that there were, in fact, rumors going around about the employees getting fired. You say that the manager did not start them, and lead us to believe that you know who started the rumors. Was it you? Now you bring up that “they” refuse to work for the BOS. You may not want to believe it John, but in the long run, “they” do. More importantly “they” work for the Town of Templeton and its ratepayers. This US vs. Them game is wasteful John. TMLWP has worked hard at keeping themselves separate from the rest of the town. That will change. Once again, you are right John. We do have the power to change with the next vote, and the one after that, and the one after that. Thank goodness for that. Because what you deem as petty, is another man’s treasure. - IP Freely
      PS – take your own advice, you seem stressed.

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