After much fanfare and one sided discussion by Jeff Caron and Nancy Driggs regarding their proposed “All Day Referendum” to replace the annual financial town meeting, I am left with little recourse but to refute their wild claims that this proposal is the best medicine for what ails Tiverton.
First, it isn’t the process of an annual financial town meeting that is troubling to me, nor should it be to you. Lack of taxpayers at any of the financial town meetings has been predicated on the fact that electors are satisfied with whom they have elected to operate their government. If there were general outrage over what transpired at the annual financial town meeting, most if not all who run for those offices would be voted out.
By and large the largest groups of vocal antics of the financial town meetings come from the malcontent group of TCC taxpayers, inclusive of Jeff Caron, Rob Coulter, David Nelson and others who refuse to absorb any of the new school building debt, let alone recognize the loss of general revenue sharing, state aid and reimbursement of vehicle excise taxes. This group tried in vain to create an ordinance mandating the council require a 4/5ths vote for any excess levy only to find they were about to create more litigation than they bargained for.
The end result was to appoint Jeff Caron and a bunch of TCC cronies to develop and ramrod charter changes that accomplished their personal goals down our throats this November instead of seeking qualified candidates to run for an elected charter commission that was tasked with ferreting out all issues with changing the financial town meeting to an appropriate alternative. This group was tasked with generating a system that grants two members of the council more power than ever envisioned previously.
Caron and his cast of characters did not consult our town solicitor, any historian regarding charter amendments or constitutional areas or even with the state board of elections regarding taxpayer resolutions or the office of municipal finance regarding tax disclosure and levy notice requirements. Their proposal allows any taxpayer with fifty signatures to offer any resolution within fourteen days of the public hearing and twenty four days prior to the “All Day Referendum” even though state law (17-19-7) requires any ballot question submitted for a legal election (which the “All Day Referendum qualifies as) must be submitted to the State Board of Elections no later than fifty days prior to the election. Had Caron simply read election laws he would note that per 17-19-5 computer ballots to be used at any election shall be printed and furnished at the expense of the state by the secretary of state and turned over
to the state board of elections.
This point brings to issue the subject of appropriate tax disclosure and levy notices required for Caron’s election process. The office of municipal finance under the direction of the state department of revenue requires a set notice for tax disclosure purposes and tax levy changes. The specific notice requirement can be found under RI General Laws 44-35-5, 44-35-6, and 44-35-7. None of the applicable state laws were reviewed or incorporated into Caron and Driggs charter changes.
The fact that Caron and his charter changers allow simply a bottom line adjustment without justification or disclosures is in complete contrast to state laws requiring the taxpayers be appropriately noticed of the suggested changes. This requirement isn’t simply for the municipal budget proposed but for all proposed ballot submissions. Nowhere do Caron and his gang provide such notice nor do they contemplate who will pay the exorbitant costs to provide same. Worse yet is any levy adopted that hasn’t been appropriately noticed will surely be subject of significant legal proceedings from the aggrieved parties.
Lastly, with respect to the new process as being compliant with the election laws that allow absentee voters to participate in the elective process. According to the proposed changes, anyone including those on military duty is allowed to vote in abstention. Again, simply reading RI General Law 17-20-2.1 regarding mail ballots, Caron and crew would have found minimum application time requirements that do not comport with their FTR proposal. This failed process holds true for both the orginal day of the “All Day Referendum” and the so-called”Run-off election” process. State law requires an application be filed with the local board not later than 4:00 P.M. on the twenty first day before the day of the election. Being that the “Run-off election” will be held fourteen days after the original FTR date it is impossible to allow absentee votes at the so called run-off election and the same holds true based upon filing dates for the original FTR.
Caron and crew have acknowledged at numerous public venues,including the public hearing that there are problems that haven’t been addressed in their charter changes. They maintain that they will be able to “TWEAK” the process as it evolves. The questions you need to ask yourselves should include - are we willing to allow the governance of Tiverton to be set on policies that were not thoroughly vetted? Are you willing to adopt a process already known to need tweaking before it even begins? Are you confident that this group of taxpayer malcontents have really placed your best interest at heart or have they followed the misguided advice and consent of
the TCC group with which they have associated?
I too have issues with the Financial Town Meeting but through all of it’s faults, at least I know that you have the opportunity to attend and be heard, that it is legal and binding and that those who you have elected to represent you are doing their jobs by advocating for the programs and services you demand. I am not at all impressed
with the work completed by Caron and crew, and ask that you please vote no on Question 2, the Financial Town Referendum, on November 8th.
Christopher Cotta
Tiverton, RI
Tuesday, October 25, 2011
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