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Kendra Dumont and Robert Prescott recall, Shirley, Massachusetts (2017)

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Shirley Town Selectmen recall
Ballotpedia Election Coverage Badge.png
Officeholders
Kendra Dumont
Robert Prescott
Recall status
Recall approved
Recall election date
January 30, 2017
See also
Recall overview
Political recall efforts, 2017
Recalls in Massachusetts
Massachusetts recall laws
City council recalls
Recall reports

An effort in Shirley, Massachusetts, to recall Town Selectmen Kendra Dumont and Robert Prescott from their positions was launched in August 2016. Recall affidavits were filed with the town clerk on August 22, 2016, and signatures were submitted on September 28, 2016.[1][2] On October 5, 2016, the Shirley Board of Registrars verified sufficient signatures to require a recall election. Dumont and Prescott filed a motion to halt the recall on December 1, 2016, arguing that the state's recall requirements were not followed when gathering signatures.[3] Their motion was rejected in the Lowell Superior Court on January 19, 2017, and selectmen signed warrants for an election by January 20, 2017.[4][5] Dumont and Prescott were recalled from office after voters approved both recalls on January 30, 2017.[6]

Recall vote

A recall vote for Dumont and Prescott was held on January 30, 2017.[3] Holly Haase and James Wilson won election to the town board after the recalls of Dumont and Prescott, respectively.[7]

Recall of Kendra Dumont
ResultVotesPercentage
Yes check.svg Recall83266.35%
Retain42233.65%
Recall of Robert Prescott
ResultVotesPercentage
Yes check.svg Recall82564.66%
Retain45135.34%

Replacement votes

Shirley Board of Selectmen, Dumont Seat
ResultVotesPercentage
Yes check.svgHolly Haase 872 66.77%
Red x.svgKendra Dumont (incumbent) 434 33.23%
Election results via: Nashoba Valley Voice (accessed January 30, 2017)
Shirley Board of Selectmen, Prescott Seat
ResultVotesPercentage
Yes check.svgJames Wilson 830 63.5%
Red x.svgRobert Prescott (incumbent) 477 36.5%
Election results via: Nashoba Valley Voice (accessed January 30, 2017)

Recall supporters

Recall organizers sought the removal of Dumont and Prescott due to their support for an increased benefits package for Town Administrator Patrice Garvin. The affidavits argued that the town administrator's contract requires public approval for compensation changes and successive public votes at town meetings in 2015 rejected an increase.[1]

Recall opponents

Dumont told local media that the recall effort was "a terrible waste of taxpayers money" and that the raise was part of a larger salary increase for town employees. Prescott argued that the recall law should be used to deal with illegal actions by officials rather than political struggles.[1]

Attorney general's ruling

On January 18, 2017, the state attorney general's office ruled that the Shirley town board violated open meeting laws during meetings in July 2016 and August 2016. Selectman Enrico Cappucci filed a complaint in October 2016 that accused Garvin, Dumont, and Prescott of discussing law enforcement matters in executive sessions rather than holding discussions in public meetings. The attorney general concluded that the board failed to use the Criminal Offender Record Information Statute (CORI) when opting for an executive session.[8]

Prescott accused Cappucci of filing the complaint as a means of impacting the recall election. Dumont told local media that any open meetings law violation was unintentional.[8]

Path to the ballot

See also: Laws governing recall in Massachusetts

In June 2016, the Massachusetts State Legislature approved legislation allowing Shirley residents to recall local officials. This law was passed after residents lobbied for a recall process in 2015. According to the law, the following steps must be met to bring the recall to the ballot, with a next to steps completed in the recall effort against Dumont and Prescott:[1]

Town clerk provides petition sheets to first 10 people listed on affidavit
Recall organizers gather signatures from 10 percent of town's registered voters within 30 days of receiving petitions
Town clerk reviews signatures for validity; if approved, an election is scheduled between 64 days and 90 days after verification of signatures

Recent news

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See also

External links

Footnotes