Open Letter to Town Council opposing proposed charter language

From: John McDaid
Date: April 23, 2007 6:33:38 AM EDT
To: dcanario@portsmouthri.com, seveney@cox.net, ww2051@cox.net, pmcintyre@portsmouthri.com, lkatzman@portsmouthri.com, hlittle@portsmouthri.com, kgleason@portsmouthri.com
Subject: Opposing proposed charter change

Mr. President and members of the Council:
I can't attend the Town Council meeting tonight, but wanted to share my thoughts on proposed language for charter change proposals shared at the last session, and urge the Council to move forward with a special election as quickly as feasible. The language of concern appeared in the draft version a proposal, so it may no longer be relevant, if so, please ignore the following.

First: language linking an automatic vote to the specifics of 44-5-2 (b) fails to protect taxpayers should the numbers in this section change. Writing a hard link into the Town Charter is imprudent; should the number in the statute get larger, we would have no recourse without tinkering with the Town Charter.

Second: Far be it from me to defend the rights of the PCC, but it would seem that the current language would only allow a Special Financial Town Meeting in the event that the cap was exceeded. When asked directly if the PCC would call a Tent Meeting if the budget presented was within the cap, PCC President Larry Fitzmorris replied, "The PCC has no position on that." So to protect the rights of this constituency, it would seem prudent not to place such a restrictive proposal on the ballot.

Finally, the intent of this Charter Change is clearly in conflict with 44-5-2(d), the stated purpose of which is to provide emergency relief for towns experiencing fiscal problems due to clearly defined situations. While it is of course possible for the state legislature to ratify such an exception for Portsmouth, the existing case law -- reaffirmed by Judge Indeglia in the recent Caruolo action -- suggests that Town charters may not trump state law. It would be imprudent in the extreme to place a charter change option before the voters known to be in conflict with state law. I would even argue that this would tiptoe right up to the border of the Council's oath to defend the Constitution of the State of Rhode Island.

For these reasons, I respectfully urge the Council not to place this or substantially similar language before the voters.

I thank the Council for your attention, and urge you to schedule a special election this evening. Council President Canario promised two weeks ago that this meeting would bring closure, and I hope you will all support him on that.

Kind Regards.
-John McDaid

Comments

Unfortunately, I am unable to attend tonight's meeting with my husband out of town and three schoolchildren in tow. I am sending this message in the hopes that it is not only the squeaky wheels at meetings that get attention.

A round of applause and support for Chris and Sal Carcellar. They have worked tirelessly on this issue. I personally, consider the current tent meeting process an abomination. With three schoolchildren and an 81 year old mother who lives in this town, I believe I have every right to see both sides of our town fence that resembles barbed wire more than picket. I attended the tent meeting and witnessed events that helped to create this divide. Allow me to elaborate on just ONE person's experience.

As my oldest child is a high school class officer and involved in many community events, she volunteered to pass out fliers at the event (not my idea). My other two kids decided to join her, even after some conversation about how they are likely to encounter some people who may not be very civil towards them. Although the majority of people either took a flyer or politely shook their heads, there were a few notables:

-one lady grabbed a flyer, crumpled it up and threw it in my quiet, honor student/officer's face.

-they got criticized for being there, because "it didn't concern them." Also, that they were "uneducated" (hmmm.....isn't this the point?).

-an older gentlemen yelled at my son for "being immature." He told me later that he was dumbfounded by this, as he was 14 and still thinks of himself as BEING immature, but in this case the role was reversed.

-at a prior rally, they had the opportunity to witness a prominent member of the PCC, drive by repeatedly honking his horn and thumbing his nose at them. I guess maturity IS an issue here.

On a personal note, I thought that the meeting itself was outlandish. Neighbors and friends, looking over a sea of heads to see who is standing and who is sitting.

I have fortunately managed to educate myself, past the eighth grade up to grad school, and still was forced to strain myself, mentally and physically to hear and understand the proceedings. It was difficult to focus on the ongoing and long-lasting discussions, not always easy to hear. Sometimes, I found myself conferring with other people next to me about what was actually said. I found it difficult to comprehend the ramifications of each motion, not having had previous time to research unpublicized actions.

Toward the end of the meeting, I found myself trying to persuade my 81-year-old mom to wait it out as she badly needed to use the port-a-potty. Sure enough, as critical votes were being taken - where do you think she was? What an experience of hurrying her along back into the tent! I give her much credit for staying thru this event in the first place and the spunk for standing up for what she believed in, regardless of the disapproving eyes around her (she was not in favor of the budget cuts).

This issue needs to get on the ballot NOW, so we don't further separate this town with another potato field meeting, and we can go back to repainting our fences.

-M

--------------------------------------------------------------------------------
See what's free at AOL.com.

Hi, M...
Thanks for your post -- and thanks for sharing these special stories about your kids and your mom. We should be very proud that our town has these kinds of folks in it, handling a tough situation with grace and spunk.

There were a lot of folks in that tent, and every one has their story of how they stood up (in this case, literally) for democracy.

You put it very well: I hope we get back to repainting our fences, too.

Best regards,
-John