10/15/1991 BOARD OF SELECTMEN Minutes

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{ } t BOARD OF SELECTMEN Page 1 MINUTE TUESDAY, OCTOBER 1 , 1991 Recall Special Election: With reference to selectman Hanson states Counsel , the notice was recieved on October ,- 1991 . October 9 , 11 � woul3 be considered the first d-ay. The 65th date would expire on December 1 , 1991 . This is not in -compliance with our bylaw states counsel . The state election regulations would control over our Town bylaw. The election to be held on December 19 , 1991 is more than 65 days following receipt of notice by the Board of Selectmen. If the election was held sooner, it would run afoul with the state laws . After a discussion with the Town clerk informs counsel , she needs a minimum of 64 days from the cute she receives notice from the selectmen to schedule an election. If the state election laws are violated , the process could be void informs counsel . It would be best to follow the recommend- ation ecommend- ation of the Office of the secretary of State. Selectman caffyn noted the Office of the Secretary of state will follow with a letter informing that the state law takes precedent over our Town bylaw, Selectman Jacobson informed the Board she has talked with David Sullivan of the Office of the secretary of State as well . The 64 day clock is to start after the Board of selectmen make the decision and give notice to the Town clerk. Selectman Jacobson also noted the Dass . General Law does tale precedent over the Mashee Town bylaw. They are taping the Mashpee bylaw of no more than 65 days and that is the reason for the two dates . - The 64th and 65th day fit in within the state law and. our bylaw that it is no more- than 65 days * Town counsel noted the secretary of State did not look correctly' at our bylaw. The time clock starts when notice is given by the Town Clerk to the Board of Selectmen and not when the Board of Selectmen vote . The motion is on the Floor to set the Special Recall Election of Willard Hanson on December 19, 1931 which is Thursday, day 64 in the process informs Selectman Jacobson, she asks if there is any further discussion? Mrs . Greelish asks if the clock is to start today or to- morrow? Roseanne Schaber of the Town Clerk ' s Office noted the starting slate is today, October 15f 1991 as noted in the memo from the Town Clerk, Selectman Jacobson asks the Board is all is in favor of the motion that is on the floor? Selectman Lawrence noted h is in favor. The vote is - 3-0. Selectman Hansom noted he has abstained from voting on this issue. The election for the Recall is Thursday, , December 19, 1991 states Selectman Jacobson.