The recent resignation of Dracut School Board member Joe Wilkie has raised some serious questions surrounding the process of appointing a replacement. As a result, these questions have created suspicions of not being credible and legitimate.
According to documents obtained from the Dracut “Town Clerks office”, it is abundantly clear why some are saying there is confusion amongst elected officials who will be voting on the replacement, and others in town.
Several documents appear to be in conflict.
These documents are Article 7, Section 12 of the Town Charter, a posting of the vacancy by the town Clerk and an outline of Massachusetts General Law Chapter 41:11 helps further that confusion.
From a laypersons perspective the documents seem to be in conflict with each other.
Below is, in part, a summary of the documents.
Dracut Town Charter
ARTICLE 7 Sec. 12 Notice of Vacancies
Whenever a vacancy occurs in any Town office, Town employment or in any multiple member body, except for the positions covered under the civil service law of the Commonwealth, whether by reason of death, resignation, expiration of a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen or other appointing authority shall forthwith cause public notice of the vacancy to be posted on the Town bulletin boards for 10 days. Any person who desires to be considered for appointment to the position may, within 10 days following the date notice is posted, file with the appointing authority, a statement setting forth in clear & specific terms his qualifications for the position. No permanent appointment to fill such a position shall be effective until at least 14 days have elapsed following such posting, and until all persons filing such statements shall have been considered.
MGL Chp. 41
Section 11 Appointment to fill vacancy in town office
If a vacancy occurs in any town office, other than the office of selectman, town clerk, treasure, collector of taxes or auditor, the selectmen shall in writing appoint a person to fill such vacancy. If there is a vacancy in a board consisting of two or more members, except a board whose members have been elected by proportional representation under chapter 54A, the remaining members shall give written notice thereof, within 1 month of said vacancy, to the selectmen, who with the remaining member or members of such board, shall after 1 weeks’ notice, fill such vacancy by roll call vote. The selectmen shall fill such vacancy if such board fails to give said notice within the time herein specified. A majority of votes of the officers entitled to vote shall be necessary to such election. The person so appointed or elected shall be a registered voter of the town and shall perform the duties of the office until the next annual meeting or until another is qualified.
The Dracut Town Clerks office posted a notice on the towns cork bulletin board inside town hall and the town’s web site which read in part, “in accordance with statute, when a vacancy on the school committee occurs for any reason the Board of Selectmen and the remaining members of the School Committee share the responsibility for filling it”.
“As provided by law, the School Committee will notify the Selectman that the vacancy has occurred within 30 days after the vacancy occurs. Please accept this notice on behalf of the School Committee. The Board of Selectmen shall cause notice of the vacancy to be posted for 10 days to give voters of Dracut an opportunity to state their candidacy. The towns governing bodies, the Board of Selectmen, and the School Committee shall meet no less than 14 days from the date notice is posted to fill the vacancy by roll call vote. For election to fill the vacancy, a candidate must receive a majority of the votes of the officers entitled to vote. In accordance with MGL Chapter 41 Sec. 11, the person elected will fill out the seat on the Board until the next election”.
Filing deadlines are as follows:
Post notice Aug. 1, 2023
10th day posting deadline Aug. 11, 2023
14th day (no less) to fill the vacancy Aug 15, 2023
After reading all the documents and examining the stated deadlines in each of those documents it is clear that this is a flawed, conflicted, and confusing process.
The charter calls for a posting to be made allowing 10 days for any interested parties to file a letter of interest. It continues “No permanent appointment to fill such a position shall be effective until at least fourteen days have elapsed following such posting. The Charter makes no reference to the vacancy being on an elected board.
I believe Article 7 Section 12 is in reference to “appointed” town positions. Not elected positions.
According to MGL Chapter 41 Sec. 11 it refers to “elected positions” and states, “the remaining members (of the School Board) shall give written notice thereof, within 1 month of said vacancy, to the selectmen, who with the remaining member or members of such board, shall after 1 weeks’ notice, fill such vacancy by roll call vote.
Confusing? You bet it is!
According to Massachusetts General Laws, in some people’s opinion, the position should have been filled one week after the posting deadline of August 11th, which would have been August 18th.
According to the Dracut Town Charter, in others opinion, the appointments should have been made on August 14th. Fourteen days after the posting of the vacancy.
The Town Clerks notice looks as though it concurs with the Town Charter in one manner but then states a date to fill the position as August 15th.
Board of Selectmen Chair Alison Genest believes that in accordance with the “revised” charter, the School Board should vote on their choice and send the candidate to the Board of Selectmen for their approval. The School Board presented a different process involving a joint meeting of the two boards.
Still Confused? Of Course, you are.
To make matters worse the Notice for the Joint meeting of the two Boards to fill the position was posted Friday August 25th for a meeting to be held on Tuesday August 29th. A full 28 day after the posting date.
This reminds us of the Abbott and Costello Comedy duo’s “Who’s on First” skit, doesn’t it?
Add to all this conflicting information, the timing of the resignation, to whom the resignation was submitted, and the posting of the notice of a vacancy, it makes one wonder if this was intentionally confusing?
Is this transparency in government?
Posting the notice of a vacancy on a cork bulletin board inside town hall and on the town’s website, in the middle of the summer when most Dracut residents who may be interested in applying for the position, are on vacation or just enjoying the summer with family, seems suspicious at best.
One has to ask, “Does it make it easier for political powers in town government to get their chosen candidate in place before anyone even realizes that there was an opening”?
Additionally, Mr. Wilkie submitted his resignation to Superintendent Steven Stone on Friday July 28, 2023. The Town Clerk received a copy of the letter from Superintendent Stone on Monday July 31st.
Isn’t the superintendent a subordinate of the School Committee? This certainly raises a question as to who really the boss is. Doesn’t it?
Maybe it should have been submitted to the School Committee. Afterall, the resignation was from an elected School Committee member and according to the town charter and State law, they have to notify the Selectmen of a vacancy, right?
Or maybe he should have sent the resignation to the Town Clerk since she is the person charged with conducting town elections. Right? Maybe Mr. Wilkie just didn’t know who to submit his resignation to. I wouldn’t blame him as the documents are confusing.
Finally, regarding “transparency”, I reached out to several town officials, including the Town Clerk and the Interim School Committee Chair to find out who had applied for the position. I was told by Interim School Committee Chairperson Alison Volpe, “The names have not been shared to date as members have not had the opportunity to review the letters under consideration”.
I further questioned why names were not being made public. She answered, “Per policy, no appointment can be made until at least fourteen days have elapsed following the posting, and until all persons filing letters of interest have been considered”.
Really?
Is this transparency in government? If a person was seeking to be elected wouldn’t their names be public? Why is this situation different? What does Interim Chair Volpe have to hide? Why all the secrecy? Is Volpe following the lead of the Board of Selectmen Chair Alison Genest?
Because of the confusion and lack of transparency, the whole process should be cleaned up, reposted, and started over.
It would go a long way to show transparency, as well as allow for a greater pool of interested residents to have an opportunity to apply.
The Board of Selectmen posted on Friday Aug. 25, 2023, that “The Board of Selectmen and the School Committee” will meet in a joint session to fill the vacancy on Tuesday August 29 at 6 pm.
