Why Linda Hutchenrider Is Right

Linda Hutchenrider has made the correct decision. Tonight, when she refused to swear Greg Milne in as a Charter Commissioner, she made the right decision and followed the law.

Section 3-2 of the Barnstable Charter states:

Any voter shall be eligible to hold any elective town office provided that, no person shall simultaneously hold more than one elective town office.

Now, I don't know what could be more clear than that. This Section is an excellent example of checks-and-balances. It prohibits people from double-dipping. It prevents any one person from holding too much power.

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There is a contingent out there (including Milne) who insist that this clause is unconstitutional because it conflicts with the Massachusetts State Constitution. However, this is wrong.

The first line of the amendment to the constitution that lays out the procedure for Charter change says this:

It is the intention of this article to reaffirm the customary and traditional liberties of the people with respect to the conduct of their local government, and to grant and confirm to the people of every city and town the right of self-government in local matters...

It is clearly the intention of the constitution that every city be granted freedom to govern their town as they see fit (within certain guidelines). They WANT us to govern ourselves and make our own rules.

Furthermore, our current Town Charter had to receive approval from the Massachusetts State Legislature before it became official. They deemed the document worthy and legal. They did not say that any part was unconstitutional. By approving the document, they declared it legal and binding for the citizens of Barnstable.

There is also some dispute as to whether or not Charter Commissioners are town "officers". Well, the fact of the matter is that Charter Commissioners were elected to serve in a town-wide position (or office). They are elected town officers!

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Did I mention that Section 3-2 is a genius article?

It serves so many purposes to protect Barnstable citizens:

• It stops any one person from serving in two elected positions at once. Therefore, you can't have power on the Town Council AND School Committee. You can't double-dip anywhere.
• It decentralizes power. It keeps a small group of people from running the town and/or multiple boards. Town Councilors can't run for School Committee too and control both boards with only 7 or so people.
• It also helps prohibit any conflict of interest. Because no one can serve in two elected positions at once, they can't use their power in one position to influence a decision in another. In other words, Greg Milne can't use his power on the Charter Commission to keep or remove his own Council seat.

Greg Milne needs to stop wasting taxpayer money. He should have read up on his current charter before rushing in to write a new one.