Sunday, July 21, 2013

Recalls


Recalls of elected officials are permitted in Massachusetts.  Many years ago, Egremont went from a system of electing all three selectmen for one year to a system with rolling three-year terms.  Since that meant the town could be stuck with a bad choice for three years, David Campbell proposed adding a recall provision to the town bylaws.  It generated insufficient interest and did not get the required two-thirds vote at the town meeting at which it was proposed.  (I voted for it.)
 
 Recall provisions in town bylaws often result from special statutes adopted by the legislature that expressly permit a town to adopt such provisions, which are often set forth in detail in the special statute itself.  That process normally occurs when a town asks its elected state representatives to introduce legislation and shepherd it through the legislature.   Some people believe that procedure is necessary for a recall provision to be valid.  Others believe that the "home rule"  provisions of state law empower a town to adopt a recall bylaw without specific state authorization.  I'm not certain what the state attorney general's position is.  A town could always adopt a recall bylaw and then see if the attorney general approves it.   I think that's the approach David Campbell was taking.
 
 
 
 
 

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