Rochester's Town Meeting quorum quandry

Jul 29, 2015

Until state legislators act, Rochester’s Annual Town Meeting might as well have never happened.

Because fewer than the required number of voters attended, the votes taken on 23 agenda items, including the town’s $19.5 million budget, aren’t official.

Town bylaws require that 100 voters be present. Town Clerk Naida Parker discovered that only 91 voters were present roughly 30 days after the meeting occurred.

She found the error while preparing documents for certification by the Massachusetts Attorney General’s office.

Parker then alerted Town Counsel Blair Bailey and Town Administrator Mike McCue who scrambled to find a solution.

Representatives from the attorney general’s office advised filing special legislation through state Rep. Bill Straus (D-Mattapoisett) to uphold the votes.

“I believe the attorney general had mentioned that this isn’t unusual. It’s frowned upon, but it’s not unusual,” said Selectmen Chair Richard Nunes.

On Friday at a special meeting, board members approved sending the legislation forward, according to McCue.

The legislation reads in part, “the June 8, 2015 annual town meeting and all actions taken pursuant thereto are ratified, validated and confirmed to the same extent as if a quorum had been present.”

McCue said he expects legislators to approve it before their current session ends on July 31.

Former Town Moderator Woody Hartley brought the issue to the public’s attention at the board’s July 20 meeting where he chastised Selectmen.

“By God, we should have good government,” Hartley said. “This is not good government.”

Hartley was town moderator for 18 years and stepped down last year. Kirby Gilmore took his place, a former moderator who hadn’t led a meeting for two decades.

Hartley raised the issue after Selectmen adjourned for the night.

He said he heard about the potentially “illegal” Town Meeting meeting after receiving calls from many residents.

Hartley said the meeting should not have been held.

“This is way more serious,” Hartley said. “I hate to say this happened, and I don’t think we should get a free pass on this…somebody should fess up.”

Hartley suggested holding another Town Meeting where the articles would be voted on again. He opposed having Straus file special legislation.

The former moderator also questioned Parker about her role.

As town clerk, she is responsible for notifying the town moderator when a quorum is reached.

Parker said after seeing that the Special Town Meeting quorum had been met, she took her seat on the stage alongside Selectmen and Finance Committee members.

She said Gilmore then opened the Annual Town Meeting.

“I didn’t question [Gilmore] when we started the annual,” Parker said. “I didn’t challenge him on it at that point.”

Bailey told Hartley the quorum problem wasn’t discussed in public previously because he was searching for answers.

“I understand your concern. I don’t like coming before this board having to answer a question with, ‘I have no idea,’” Bailey said.

As the results of efforts to remedy the Town Meeting problem, Selectmen may have another meeting problem on their hands.

Reopening last week’s meeting after it had been adjourned would appear to be a violation of the state’s Open Meeting Law.

That law prevents members of public boards from discussing town business outside of publicly announced meetings. Outside of an emergency, meetings must be posted with 48 hours of advance notice.

In a similar situation in the town of Holland, the attorney general ruled Selectmen violated the law after re-adjourning a meeting without giving proper notice.

No action was taken against that board because Selectmen acknowledged the violation and took remedial action.