Following last week’s unsuccessful council vote to enact a recall ordinance for elected public officials, Windham Town Councilors listened to public sentiment during meetings on Aug. 31 and Sept. 5 before deciding if a recall charter amendment should be placed on November’s ballot. The measure would have conflicted with a citizen’s group referendum already on the ballot establishing recall procedures, but with four votes required to advance the charter amendment, only three councilors voted for the measure and two voted against it and the charter amendment failed. Two councilors, John Henry and Brett Jones, did not attend the meeting and did not vote.
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| A proposed charter amendment establishing recall procedures failed to garner four votes during a vote taken by members of the Windham Town Council on Tuesday leaving a citizen's referendum as the only choice for voters to consider on Nov. 7. PHOTO BY ED PIERCE |
The citizen’s group referendum before the voters on Nov. 7 requires 25 signatures of registered town voters to initiate a recall petition, while charter amendment would have required a total of 75 to initiate a recall petition. Under the citizen’s group referendum, to get the recall on a town ballot and before the voters, it would require a threshold of 10 percent of participating voters in the last gubernatorial election, while the proposed charter amendment was asking for 15 percent of participating voters in the last gubernatorial election.
There were other differences including the number of days to conduct a recall election and limits on how soon a recall could be initiated on a public official after an election. To make the recall valid, the council’s charter amendment sought 25 percent of voters in the last gubernatorial election, while the citizen’s group referendum doesn’t require a percentage of voters from the last gubernatorial election.
All council members have said that their efforts to create a recall ordinance, and then a charter amendment, was not to compete against the citizen’s group referendum, but when they were informed in July that the group might not obtain enough signatures for their petition, they saw a need and drafted a more stringent ordinance and then a charter amendment. The council’s proposed recall ordinance failed Aug. 29 with a 3-3 tie vote and four votes required for passage.
Councilor Nick Kalogerakis said he was concerned about the charter amendment and competing against the citizen’s group referendum.
“To me Windham is on a dangerous path, and I think we need to decide to make some changes,” Kalogerakis said. “We can stay divided, there’s a big division in this town, and there’s two sides. I’ve reached out to the people’s group, and I’ve asked to put together an ad hoc committee to look at both the charter amendment and the people’s petition. What’s before us today is the charter and that’s town law and very difficult to change.”
Kalogerakis said he initially supported creating a council recall ordinance but ultimately thought because it would be less than 90 days before an election, that was too soon. He said he has reservations regarding the citizen’s group referendum but hopes that eventually issues about it can be ironed out.
“I think that we need to look forward and fall forward and I think we’re all digging a trench as to what we believe and what we want, instead of trying to work together,” he said. “So, I’ve reached out to the People’s petition to reach across the aisle in an ad hoc committee and find wiggle room and can we meet in the middle and come forward as a town.”
According to Kalogerakis, he thinks the numbers for the citizen’s group recall referendum are somewhat low, it lacks some specifics, and he does not want to see it weaponized, but he wants to see if it will pass in November and if so, how an ad hoc committee can compromise and resolve differences because all councilors agree that a recall ordinance is needed.
Town Council Chair Mark Morrison said he supported creating a charter amendment and voted for the measure.
“We agree that we need to put the best product forward and we need a recall ordinance,” Morrison said. “In my business, it’s all about risk. I looked at the ordinance that the citizens put forward and it was flawed. Flaws that would put the town at risk. A charter amendment addresses the flaws, and it is defensible according to the town attorney. We’re differing on the language.”
Morrison said he believes having the recall process and filling the seat at the same time are highly questionable.
“That’s not a risk I’m willing to take,” he said. “And in addition, when you recall someone there needs to be a clear statement as to why and an opportunity for that person to rebut.”
During the vote on the charter amendment, Councilors Kalogerakis and Bill Reiner voted no, while Councilors Morrison, Davis Nadeau and Jarrod Maxfield voted yes and the vote ended up 3-2 in favor of the amendment, but four votes were required for it to pass, and it failed.
The three authors of the citizen’s group recall petition said they are pleased that the charter amendment failed.
“I was glad the town council voted down their proposed charter amendment. It would have been a big mistake that would be very difficult to undo,” said Stephen Napolitano. “Now, Windham voters will have the opportunity to show their level of support for the People’s Recall referendum in November. Like most organizations, conducting town business with Code of Ethics guidelines can once again have meaning.”
Another petition author, Justin Whynot, agrees.
“The majority of the town council made a wise choice voting down their flawed recall charter amendment. The hastily written charter amendment would have been a mistake not easily undone. The People’s ordinance now goes to the ballot and once voted in, will be a way for voters to hold their elected officials accountable for their code of ethics,” Whynot said.
A third petition author, Kristen Day, said councilors did the right thing regarding the charter recall amendment.
“Council’s decision to vote no to moving their Recall Charter Amendment to the ballot to compete with the Citizen’s Recall Ordinance was ultimately decided in the spirit of unity and compromise,” Day said. “Councilors Nick Kalogerakis, Bill Reiner, and John Henry reconsidered their position in favor of proposing to form an ad hoc committee with us and Council to bring Windham together on a recall process rather than to compete. I understood the frustration of some Council members who wanted their language to move to the ballot, but it had problems, which is it is hard to amend a Charter Amendment. Ultimately, Council has the authority to amend the Citizen’s Ordinance should it pass, so the move toward compromise, all things considered, can be both a win for nobody and a win for everybody, which is definitely a step in the right direction for Windham.” <
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