*breaking news* in greg milne case and is your village a city?
December 8, 2007 at 5:46 pm | In charter, charter ballot, charter comission, councilors at large, greg milne, precinct councilors | 5 CommentsTags: charter, charter commission, charter commissioner, greg milne
*UPATED* – see completed post — The judge has denied Greg Milne’s Motion for a Preliminary Injunction in the case he filed after not being permitted to serve in two elected town positions…..
The case is in reference to Milne’s dispute regarding section 3-2 in the Town of Barnstable Charter, more info about that section of the charter can be found here.
Summary of the decision:
Please be advised that by order dated December 7, 2007, the Barnstable Superior
Court (Connon, J.) denied Plaintiff’s motion for injunctive relief. The
Plaintiff was seeking a preliminary injunction to order the Town Clerk to
administer the oath of office to the Plaintiff for the office of member of the
Charter Commission. To issue a preliminary injunction, the Court must find that
the moving party has suffered irreparable harm and that has a substantial
likelihood of success on the merits. In denying the Plaintiff’s Motion, the
Court noted that “Milne’s alleged harm must be measured against the likelihood
of success on the merits. The Town Clerk and Milne raised compelling arguments
in their briefs and during the hearing on this motion. This Court follows the
Commonwealth’s tradition of extending some deference to the Town’s on
interpretation of its Charter. Therefore, the Court declines to determine the
merits of this case, save for the observation that Milne has failed to convince
this court that he has a substantial likelihood of success. This court concludes
that Milne’s motion for a Preliminary Injunction should be denied because he has
failed to show that he will suffer irreparable harm.”
After reading Greg Milne’s comments in today’s Cape Cod Times, I ask again, what if 2, 4, or all 13 town councilors had decided to run?
Some say that the names on the ballot that people recognized where the names they selected in the voting process. If more than one councilor ran and won and were then permitted to serve on the charter commission, would we trust the process?
Did the people in Greg Milne’s precinct speak? Did they have a choice?
In today’s Cape Cod Times article, Greg Milne claims that the “people have spoken” by voting him in to both positions. His quotes echo his law suit as he claims the voters suffer irreparable harm if he can’t serve both positions.
Well, Milne was the only candidate on the ballot running for Town Councilor in precinct 13. That wasn’t always the case.
There was another person who had the guts to go out into the precinct and in 24 hours get enough signatures to run. HE turned in the signatures and was immediately threatened.
He had bloggers threatening his family and business. Someone hand-delivered a note warning him that if he ran, he would face having his family and business dragged through the mud on the front page of the papers. Our local papers didn’t cover this story, but the Cape Cod Voice did as the last of a series of articles about how these negative blogs have influenced local politics…
After talking to his family when it was clear the local bloggers would do their best to make his life miserable, he decided to withdraw his petition to be put on the ballot, and Greg Milne ran unopposed.
It is well-known who wrote that letter. The letter was signed as “a friend.”
Right.
click on the images to see the well-written and very interesting article in the Cape Cod Voice in 2 parts -
Is your village a city? Do you want to lose your local representation in town government?
Milne stated again in today’s article that he wants a mayor form of government. His and many of the elected commissioners opinions are firm and publicly declared: they want this town to move in that direction. What would a mayor form of government mean to this town?
Barnstable’s earlier charter commissions listened to the residents. They established a form of goverment for Barnstable that has balanced the size of the population with it’s character.
We have over 50,000 residents. Town meeting was too large to work. But people still wanted a style of government that gave representation — locally. So, a hard-working charter commission that listened carefully to its residence, decided that a form of government that balanced the need for representation and the character of a very large town should to be established. Thus the town council – town manager.
This form of goverment with 13 councilors who represent 13 precincts, who set priorities and a strategic plan for the town manager, and who work closely with the manager -mean that all segments of our residents are represented by a different councilor with a different perspective.
Now the COG group, who come before the microphone at public comment and yell at the council with threats that “we will get rid of all of you and our town manager and replace you with a mayor!” is determined to see that through.
A mayor would mean an elected person would be making management appointments, police chief, DPW, Finance etc…. Would those appointments be political? Would they be made in deference to the mayor’s biggest contributors, or would that appointment be simply the best person for the job?
Hyannis is most definitely a small city, it has been determined to be an urban area in the eyes of the federal government.
But is Cotuit a city? Is Centerville? Osterville? Marstons Mills? West Barnstable? Barnstable? Hyannisport?
I have heard from so many people in Centerville that they do NOT want a mayor form of government. Most didn’t realize that so many of the elected commissioners feel otherwise.
Be sure to put your thoughts into words on paper or come to a hearing and tell the charter commission how you feel your village would fit into the City of Barnstable.
NOW.
Because you can bet that Greg Milne and the cog-bloggers will speak at every hearing they hold.
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Section 3-2 Eligibility
Any voter shall be eligible to hold any elective town office provided that, no person shall simultaneously hold more than one elective town office.
Pretty simple stuff here folks. Town Council is an elected position.
Charter Commissioner is an elected position.
You can’t get to either position without being on a ballot and being elected.
Case closed.
If milne wants a charter commission seat he will have to resign from he Town council.
Comment by Anonymous — December 8, 2007 #
Hyannis should separate from the rest of the town and become its own city… that way all the funds and income it receives will finally distributed equitably
Comment by Moe — December 9, 2007 #
I think many people would have voted him out of the town council. It was sad that he ran unopposed.
Comment by Anonymous — December 10, 2007 #
I was not aware the Charter Commission was a “town office” position. The local governing body operates under the laws of the Charter. The Charter Commission does not follow under the governing body. It is not a simple issue. This should issue be defined more clearly in the new Charter.
So yes, I think anyone can run for Town Charter Commission, as long as they are registered voters of the town.
Comment by Bradley G Ouimette — December 11, 2007 #
Treasures that washed ashore this week; flotsam we hope the next tide carries away:
Give it up, Greg
Barnstable Town Councilor J. Gregory Milne has more ideas for governmental change than he can easily fit in a paragraph, or a rushed conversation. No wonder Milne promoted a charter commission, ran for a seat and won.
But the current charter is explicit: No resident may hold two elected offices at once. A judge Friday declined to order Milne sworn in as charter commission member. Milne has refused to concede and is considering a broader suit.
For the good of the town’s legal budget and the charter process, Milne should drop his Quixotic quest and let the commission quickly choose a working ninth member.
Comment by from the cape cod times — December 16, 2007 #