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Gordy Clark and Cindy King recall, Townsend, Massachusetts (2017)

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Townsend Selectmen recall
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Officeholders
Gordy Clark
Cindy King
Recall status
Did not go to a vote
See also
Recall overview
Political recall efforts, 2017
Recalls in Massachusetts
Massachusetts recall laws
City council recalls
Recall reports

An effort in Townsend, Massachusetts, to recall Town Selectmen Gordy Clark and Cindy King from their positions was initiated in February 2017. An appeals court decision in June 2017 halted the recall, which was previously scheduled for June 19, 2017. Recall supporters argued for removal of the injunction in a June 10 hearing before a member of the Massachusetts Supreme Judicial Court.[1] Injunctions were issued for the King recall on June 14, 2017, and the Clark recall on June 16, 2017.[2] Recall organizers appealed the injunctions, leading to a hearing before a three-judge panel of the state supreme judicial court on November 1, 2017.[3] On April 9, 2018, the state supreme court upheld the June 2017 ruling, ending the recall effort.[4]

Clark and Carolyn Smart faced a recall effort in 2016, which was paused during a state ethics investigation that found no violations by the town board. The 2017 affidavits and petitions are separate from the 2016 effort.[5]

Recall supporters

The affidavits filed against Clark and King made the following charges:

  • Neglected their duty to residents by failing to argue on behalf of allowing a public comment period at Board of Selectmen meetings;
  • Impeded Police Chief Robert Eaton's ability to do his job by using their positions of authority and imposing their views on day-to-day management of the Police Department;
  • Failed to support prior agreements the town reached with Lt. Mark Giancotti;
  • Neglected to speak for obtaining an official and full background check on an applicant for a senior position with the town of Townsend prior to signing the employment contract.
  • Participated in searches and discussions regarding the hiring of a new police chief while his wife is an employee at the department, giving the impression of bias;
  • Acted outside the board's authority and initiated discussions for a separation agreement with retired Police Chief Erving Marshall on his own.[5][6]
—Joe Shank (2017)

Recall opponents

On March 26, 2017, King filed a complaint in Middlesex Superior Court seeking to invalidate the recall petition. Her complaint argued that the rationale for recall did not fit legal requirements, which include lack of fitness, corruption, neglect of duties, and misfeasance.[7] Judge John Lu denied King's motion on April 19, 2017, but an appeals court overruled Lu's decision.[8] Clark filed a motion for an injunction to stop the recall on June 12, 2017. These complaints led to the injunctions that halted the June 19 election.[2]

Path to the ballot

See also: Laws governing recall in Massachusetts

Recall organizers had 21 days following verification of affidavits by the town clerk to collect enough signatures to force a special election. The town charter requires petitioners to gather signatures from the equivalent of 10 percent of registered voters at the last town election. This requirement meant that petitioners needed approximately 637 valid signatures from town voters.[5]

Recent news

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See also

External links

Footnotes