THE SAUGUS ADVOCATE – Friday, September 27, 2019 Page 9 Attorney general rejects article setting procedures for nonbinding resolutions By Mark E. Vogler S augus Town Meeting members have lost the freedom to introduce nonbinding resolutions on short notice and without having to post them on a warrant. A town bylaw passed unanimously at a Special Town Meeting in June would have allowed a citizen to give 48 hours written or electronic notice to the town clerk in order to present a resolution. But state Attorney General Maura Healey’s Office has rejected the new ordinance because it conflicts with existing law that requires matters considered by Town Meeting to be posted on a warrant seven days before an Annual Town Meeting and at least 14 days before any Special Town Meeting. “The proposed Section 214.00 conflicts with G.L. c. 39, § 10, because it proposes to allow a Town Meeting to vote on a matter not included on the Town Meeting warrant,” Assistant Attorney General Nicole B. Caprioli of the AG’s Municipal Law Unit wrote in a Sept. 23 letter to Town Clerk Ellen Schena. “Because the Town cannot by by-law provide for a process to allow Town Meeting to consider and vote on subjects (even non-binding resolutions) that were not included in a properly posted and noticed warrant, the proposed Section 214.00 conflicts with G.L. c. 39, § 10 and we are required to disapprove and delete it,” Caprioli concluded. A history of unwarranted resolutions For many years, Saugus Town Meeting members have considered nonbinding resolutions that were not noticed on a warrant. But earlier this year, Town Moderator Steve Doherty expressed concerns that the past practice of introducing nonbinding resolutions wasn’t proper. Doherty later explained he had contacted moderators from towns around the state to obtain a ruling that would not allow Precinct 5 Town Meeting Member Ron Wallace to introduce his resolution supporting school custodians. Wallace and other Town Meeting members protested that Doherty’s decision to block Wallace from introducing a resolution supporting the custodians was political because such a resolution might embarrass the School Committee. Corinne Riley, the former School Committee member who is a candidate for the Board of Selectmen, organized an effort for a Special Town Meeting. She introduced an article providing for a nonbinding resolution to oppose privatization. She also spearheaded a signature drive for another article that established a procedure for considering future nonbinding resolutions. The symbolic resolution supporting the custodians passed with opposition from just a handful of Town Meeting members. But the vote on the new procedures for introducing future resolutions received unanimous support despite the legal advice offered by Town Counsel John Vasapolli. He told Town Meeting members that he still didn’t feel comfortable with members considering nonbinding resolutions that aren’t on the warrant. Vasapolli insisted that no action of a Town Meeting is valid unless it first appears on the warrant. Vindication for Vasapolli and Doherty Doherty and Vasapolli were right, according to the Attorney General’s ruling. Doherty said he had a problem with the article because it would allow matters to be discussed at Town Meeting without giving the public adequate notice and the opportunity to respond. “I expected it to come back, and the town counsel said the same thing – that a resolution has to be on the warrant before it can be discussed,” Doherty said in an interview this week. “Doing it the other way leaves open the possibility for somebody to sneak something RESOLUTIONS | SEE PAGE МС SNOW BLOWER SALES, SERVICE & REPAIRS Pickup/Delivery Available 781-289-6466 WE WORK FOR YOU! * Have your car repaired by Real Manufacturer Certiified Technicians * An I-CAR GOLD CLASS SHOP Highest Certificate in the Repair Industry * Premier Insurance Co. Collision Repair Shop for Geico, Liberty Mutual, Metlife, Progressive and more! * Over 30 Years of putting families back on the Road Safe & Fast! * ATLAS Stands Behind All Repairs with a Limited Lifetime Warranty 1605 North Shore Road, Revere * 781-284-1200 Visit us at: www.AtlasAutobody.com or call (781) 284-1200 to schedule your appointment today!
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