The Barnstable Patriot is reporting that the judge in the Councilor Greg Milne for Charter Commissioner case has overruled common sense and has ruled that Milne may serve on the Charter Commission. This effectively kills Barnstable's charter, because it specifically says that "no person shall simultaneously hold more than one elective town office". Now, if someone disagrees with the charter, all they have to do is go ask Judge Kane.
I have dedicated multiple posts to explaining the common sense and legal language showing that Councilor Milne is not entitled to serve as both a Town Councilor AND a Charter Commissioner. You can find them here.
To recap the events to date:
Before last fall's election, Councilors James Crocker, Greg Milne, and James F. Munafo, Jr. were seriously interested in running for Charter Commission. Before running, Munafo asked then-Town Attorney Bob Smith if the Charter would allow it. His response was an emphatic "NO".
Upon hearing Smith's emphatic opinion, Councilors Munafo and Crocker both chose not to pursue a seat. However, Councilor Milne decided to ignore Smith's (correct) decision on the charter language and run anyway.
During the 2007 election, Councilor Milne appeared on the ballot twice - Charter Commissioner and his Town Council seat (for which he was unopposed). He was told numerous times by the Town Clerk and others that he would only be sworn into one office. I know countless individuals who took this knowledge (that Milne would only be allowed one office) and voted for Milne as Charter Commissioner, hoping that he would abandon the Council for the Charter Commission.
When push came to shove, Milne (obviously) won his Council seat again and also qualified for a seat on the Charter Commission. The Town Clerk again informed Councilor Milne he would be sworn into only one office, and he chose his Council seat.
Instead of acknowledging the fact that the charter clearly prohibits anyone from holding two elected town offices, Councilor Milne (and his COG buddies) sued the town to be instated onto the Charter Commission, throwing the Commission into limbo. It is now about 9 months since this lawsuit began.
Back to the present:
Judge Kane ignored common sense, the charter's own language, and the sworn testimony of the current Charter's authoring Charter Commission Chairman (Michael Daley) all stating that it's only one town office per person.
'The town-entered affidavit of Michael Daley, chairman of the 1989 commission that drafted the charter, provides his recollection that '[W]e did not want people who were already elected to other positions in our local government serving on the Charter Commission' - Barnstable Patriot.
However, Milne has NOT been sworn in to the Charter Commission, yet. Smart money has the town appealing Judge Kane's decision, AND that court setting things right.
Yet, the largest loss in this case may not be Judge Kane's ruling, but rather the potential loss of other Charter Commissioners. Rumors are swirling that Charter Commissioners Sheila Geiler, Bob Jones and Lucien Poyant will resign if Milne is seated on the Commission. This is extremely bad news, because these 3 highly qualified candidates would be replaced by Daley and two COGers.
I wouldn't want to work with Milne either (and neither does ANYONE on the current Council), but we can't let him win twice with one decision.
So, if you know Geiler, Jones or Poyant, please encourage them to stick it out, no matter what...
-
