Town Council agrees not to take up recall ordinance

Susie Burke

The Town Council last week agreed not to move ahead on a recall ordinance. Four of the five councilors spoke against it, citing existing ways to remove town officials, the cost of the process, and the possibility of it being misused.

The discussion of a new recall ordinance began in January after former Town Council member Melissa Costella asked the council to enact a policy that would create a system for recalling elected officials for misconduct.  

Council Chair John James, who began the brief April 7 workshop by asking each councilor if they wanted to take up the issue at this time, was the last to comment, saying he had brought the issue forward after a constituent brought it to him, and he “could go either way.”

“People think they’re solving a problem by having a recall ordinance,” said Councilor Paul Schumacher, “but many times, from what I’ve seen, it can create chaos and not solve it. They can divide a community, they can create a lot of bitterness.” 

Schumacher opposed spending money on the ordinance, noting the town is facing bigger issues. Despite numerous citizen comments, he added, “I still have yet to hear any specific concern that would dictate a removal from office.”

Vice Chair Mallory Cook said that in her nearly nine years on the council, this is one of the issues the most people have contacted her about.  She acknowledged the value of exploring the issue, but agreed with Schumacher and Councilor Sam Flinkstrom that now is not the time.

“We have too many other things going on, and we have our own internal work to do to figure out how we can work together as productively as possible,” Cook said.

Councilors have three-year terms, and it can take two years for new members to learn the ropes, according to Cook, so if by the third year people are not happy with someone, “We live in a democracy, and [can] demonstrate that at the polls.” 

“I am also a ‘no,'” said Councilor Joel Martin, “just because it is not up to us. It is up to the people of South Berwick.”

The Town Council does not have the authority to make changes to the town charter without a formal vote from the citizens, Martin said, adding that he has drafted a six-page proposal for a recall ordinance that he is willing to share.

Cook and Flinkstrom both noted that any citizen can present a proposed ordinance to the council at any time. 

“Our charter provides an option for citizens to petition to enact ordinances at any time,” Flinkstrom said. “There is [already] something there to hold us councilors to account.” He also referenced language to recall officials that exists at both state and town levels.

Because the Town Council cannot take any vote in a workshop, James noted, the 10-minute session was closed with a consensus that the recall ordinance would not be taken up at this time.

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