By Carol Britton Meyer

The citizens’ petition article approved at the recent annual town meeting calling for the removal of the town manager as the light plant manager is “not actionable,” Town Manager Jennifer Constable reported to the select board this week.

Constable said the wording of the article did not include provisions about filing special legislation to make the management change.

TOWN MANAGER JENNIFER CONSTABLE opposed article 37 AT THIS SPRING’S TOWN MEETING.

During a meeting June 11, the day of the select board meeting, Constable said she met with counsels for the town and light plant and finance and light plant staff “to confirm the article is not actionable based on the town meeting vote,” she said.

Click here to read the Times’ coverage of this issue at spring town meeting

Constable said that in 1993, town meeting approved changing the governance of the light plant to the current structure, with the town manager also serving as light plant manager.

“That structure change happened by special legislation supported by the select board, with town meeting authorizing the board to initiate it, but [this] was not included in Article 37, so no action can be taken,” Constable said.

The sponsor of the article was Jacob Vaillancourt, a current member of the light board, and was supported by a majority of the light commissioners. It was approved at town meeting after lengthy debate, 116-83.

Constable said that it is not the town’s responsibility to provide legal guidance on the structure of citizens’ petitions.

“I believe the moderator at town meeting informed the town body that even if the article were to pass, it would not be actionable,” Constable said. “The select board would have to request [the required] special legislation to make the warrant article actionable, but that was not included in the article.”

LIGHT COMMISSIONER JACOB VALLAINCOURT SPEAKS IN FAVOR OF ARTICLE 37 at town meeting…

Select board member Greg Grey noted that there have been many articles that are advisory “that have passed at town meeting but are not acted upon” – in this case, by the select board, and they are not required to do so.

During the June 11 meeting, Constable told the board, “we did go over a number of issues raised by the article proponent related to financial concerns, and I’m happy to report that all financial actions between the town and light plant are consistent in the way we are operating,” Constable said. “PILOT (payments-in-lieu-of-taxes) payments are not illegal, but how we structure them moving forward will be discussed with the light board. I expect there may be revisions. Otherwise we’re up to speed.”

At the appropriate time, both counsels will come back and speak with the select board and light board, she said.

Select board member Jerry Taverna said he considers himself “an important stakeholder” and would like “to hear directly from both counsels on why this is not actionable and how they came to this decision.”

Vaillancourt was not present at the select board’s meeting Wednesday. Article 37 is listed as a topic on the light board’s scheduled meeting for tonight, Thursday, June 12. Check next week’s Times for updates from that meeting.

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