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Mike Demos, Peter Riordan, and Mike Berolini recall, Bridgewater, Massachusetts (2012)
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About Bridgewater
The Town of Bridgewater is a city in Plymouth County, Massachusetts, approximately 30 miles south of Boston. According to the 2010 Census, Bridgewater has a population of 26,563. Bridgewater was formerly governed on the local level by the open town meeting form of government, led by a board of selectmen, until January 2011. There are nine members of the town council.
Path to the ballot
First recall attempt
On September 12, recall organizers submitted 193 signatures of District 3 voters and 133 signatures of District 7 voters. [7] The town clerk's office had five business days to certify the signatures. The original signatures were certified, and on October 6, organizers submitted petitions signed by 388 people in District 3 and 301 people in District 7. [8] The petitions must be signed by 10% of district voters. District 3 has about 2,700 voters and would require 280 valid signatures. District 7 has about 2,500 voters and would require 245 valid signatures. [4] The Board of Registrars certified the petitions on October 18th. [1] A recall election, set by the town council, would have taken place 60 to 90 days after certification.
Recall organizers would have needed to submit 1,500 signatures to force a recall election for Berolini. [5]
Conflicting interpretations of recall law
The town council scheduled a hearing for October 18 to investigate the recall process. [8] The investigation was initiated by a letter sent from Demos and Riordan's attorney, Anthony Pignone. The controversy revolves around the 1990 Special Act governing recalls in Bridewater. The act requires petitioners to collect signatures from 10% of registered voters in Bridgewater. On July 18, former Associate Town Counsel Stacy Blundell said that provision should be interpreted to mean 10% of district voters in the case of a district councilor. Pignone argues that the town council can refuse to set a recall election date on the grounds that the Special Act is invalid and that the town's charter, which does not provide a recall option, supersedes the Special Act. [8] The council moved forward with its recall investigation because Buffington’s letter did not settle the question of whether the 1990 Special Act is valid. [1]
In later October 2011, the Bridgewater town manager hired attorney Jason Buffington, who is a town councilor in nearby Taunton, to investigate the legality of the recall effort. Buffington said that the Special Act of 1990, which sets forth recall procedures in Bridgewater, requires the initial petition to be in the form of an affidavit. Buffington said that this procedure was not followed, and consequently the petitions were “fatally flawed” and “cannot form the proper legal basis for the initiation of any recall process against either councilor.” [1]
Second recall attempt
Mel Shea of Citizens Forum announced in late October that recall proponents would be correcting the legal deficiencies of the first recall effort and starting a new recall effort from scratch. "There are 700 people out there disappointed and angry the system fell apart and who want their votes to be counted,” said Shea. [2] Recall organizers needed to submit 100 new signatures requesting recall petitions. When those signatures were validated by the town clerk, recall organizers needed to collect the signatures of 10% of voters in each recall target's district. [2]
On February 27th, 2012, recall petitions targeting Demos and Riordan were certified, meaning a recall election must be scheduled between 60 and 90 days. The recall election must fall between April 27 and May 27. Council President Scott Pitta proposed setting the recall election for May 19. [3]
In March 2012, the town clerk sought to address allegations that some signatures had been gathered fraudulently. Attorney Jason Buffington said all procedures had been followed, and it was too late to to file objections about how signatures were gathered. [9]
Berolini attempted to slow the recall effort by asking the council to pass an emergency order seeking a judge’s ruling on the legality of the recall, but the council rejected that move during a March meeting. [10]
A recall election date was supposed to be set at the April 24 city council meeting, with May 19 suggested as an election date.[11]
Legal action
In late April 2012, parties on both sides of the recall election filed lawsuits. Bridgewater Town Clerk Ron Adams asked a judge to force the council to schedule a date for the recall election. Meanwhile, an attorney representing the recall targets asked a judge to rule the recall procedure invalid. Meanwhile, the town council is refusing to schedule a recall election. [12]
On May 2nd, Judge Robert C. Cosgrove heard arguments in the case, both from those seeking to force the town council to schedule a recall election and from those seeking to prevent the town council from doing so. Cosgrove took the competing requests under advisement, but he did not say when he would issue a ruling in the case.[13]
Potential challengers
If the recall effort makes it onto the ballot, recall organizers have already found two candidates willing to vie for seats on the town council. Current Board of Health member and Plymouth County Commissioner Sandra Wright has agreed to run against Demos in District 3, while former Municipal Administrator and Selectmen Chairman Paul Sullivan has agreed to run against Riordan in District 7. [4]
See also
External links
References
- ↑ 1.0 1.1 1.2 1.3 Bridgewater Independent, "Bridgewater recall affidavits ‘fatally flawed’", October 25, 2011
- ↑ 2.0 2.1 2.2 Bridgewater Independent, "Citizens Forum to restart recall process in Bridgewater", October 28, 2011
- ↑ 3.0 3.1 Taunton Gazette, "Town Council recall on track in Bridgewater" March 18, 2012
- ↑ 4.0 4.1 4.2 4.3 Enterprise News, "Recall effort underway for two Bridgewater town councilors" September 9, 2011
- ↑ 5.0 5.1 Wicked Local, "Berolini may be added to Bridgewater recall" December 13, 2011
- ↑ Taunton Daily Gazette, "Bridgewater recall petitions certified," February 29, 2012
- ↑ Taunton Daily Gazette, "Petitions to recall Demos and Riordan submitted to Bridgewater town clerk Monday", September 13, 2011
- ↑ 8.0 8.1 8.2 Taunton Daily Gazette, "Bridgewater Town Council schedules recall investigation" October 13, 2011
- ↑ Taunton Daily Gazette, "Attorney: Bridgewater recall fraud accusations missed deadline," March 27, 2012
- ↑ Wicked Local, "Proposed order would set Bridgewater recall election for May 19" March 15, 2012
- ↑ Wicked Local, "Bridgewater Town Council votes to table recall debate," April 6, 2012
- ↑ Taunton Daily Gazette, "Bridgewater town clerk seeks judge’s ruling to schedule recall," April 25, 2012
- ↑ Wicked Local Bridgewater, "Judge makes no decision on Bridgewater recall injunction requests," May 3, 2012
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