Public can weigh in on proposed council recall ordinance

Mark Pechenik

(Staff photo)

The Town Council will hold a workshop April 7 to discuss its plan to create an ordinance allowing the recall of councilors deemed unfit.

After the workshop, Town Manager Tim Pellerin will be asked to draft a recall ordinance to be voted on by the council April 14, councilors agreed at their meeting Feb. 25 after reviewing similar ordinances in other Maine municipalities.

Council workshops do not allow for public participation, but residents can submit feedback to the council beforehand at councilors@sbmaine.us.

“Your input will help shape the direction of this work,” according to the town website.

The councilors, who agreed Feb. 11 to review other communities’ recall ordinances before creating one for South Berwick, last week evaluated ordinances Pellerin had collected from the towns of Berwick, Liberty, Belgrade, West Gardiner and Gorham.

Councilor Paul Schumacher said he was worried about some of the benchmarks for initiating recalls being used in other towns.

“I have concerns about a number of the ordinances submitted to us,” Schumacher said. “We need more criteria than just, ‘I don’t like that person.’”

Council Chair John James suggested that if a councilor misses half the meetings, “they are not doing what tax payers elected them to do,” adding that if medical issues are keeping them away, “that’s something completely different.”

Councilor Joel Martin said he was concerned that if a recall required a special election to replace someone, it “would be a major cost to taxpayers.”

According to James, a special election would be unlikely.

“I can think of two instances where a councilor has left in the middle of the year, but we have been able to do business with four councilors,” James said.

Councilor Sam Flinkstrom noted the town charter itself gives residents the ability to make petitions.

“Maybe it’s not for a recall,” Flinkstrom said, “but if it’s not against state law, I’m not sure why someone couldn’t petition to have someone removed.”

James suggested it would greatly simplify the process and save money to have a local policy and not have to depend on the state statute.

Tamre Steinhauer, of Hill Drive, who attended the meeting virtually, asked the council to address the reason why the ordinance had been proposed “so the person who suggested it can stop being vilified.” The ordinance was first recommended by former councilor Melissa Costella at the Jan. 27 council meeting.

“The reason why this has been brought up is there has been a lot of issues with school boards and town councils with people not acting appropriately,” explained James, noting that “the state ordinance only allows for removal for criminal activity.”

The council voted 3 to 1 to hold the April 7 workshop and, after considering public input, to have Pellerin put together a recall ordinance. Flinkstrom cast the “no” vote, and council Vice Chair Mallory Cook was absent.

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