The Town of Marion is having a difficult time answering the question as to whether a town bylaw was violated during the May 8 Annual Town Meeting when Town Moderator Jeffrey Dickerson proceeded after 10:00 pm to allow voting on articles appropriating over $1,000.
The bylaw reads, “Articles of the warrant shall be acted upon in the order in which they appear on the warrant unless otherwise determined by a vote of the meeting, except that no article to appropriate a sum in excess of $1,000 shall be introduced after 10:00 p.m.”
As Town Meeting slogged on slowly and as 10:00 pm approached, it was announced to Dickerson and to voters that no articles to appropriate money are allowed past 10:00 pm. Dickerson urged voters to quickly wrap up any comments so that they could rapidly run through the remaining money articles before the 10:00 pm deadline.
But as 10:00 pm came and passed, Dickerson continued to introduce four more articles appropriating Community Preservation Act funds, all over the $1,000 appropriation maximum set by the bylaw, and one of them amounting to $203,100.
Marion Town Clerk Ray Pickles on May 16 during a phone interview first stated that the five appropriation articles (Articles 30-34) were to “transfer and appropriate” funds, which is allowed, and not “raise and appropriate” funds, which he stated is not allowed. The bylaw, however, does not contain language distinguishing which type of appropriation cannot be acted upon after 10:00 pm.
Articles 30, 31, and 32 themselves also do not contain language referring to “raise” or transfer”; rather, they simply state “appropriate.”
Article 33 does mention “transfer”; however, it was to appropriate $40,000 to be transferred from the CPA undesignated funds directly to the Department of Public Works to purchase 164 acres of drinking water conservation land.
Pickles then stated that the decision to keep going was that of the Finance Committee, the moderator, and the Board of Selectmen, and had nothing to do with the town clerk.
“Why they did that, I don’t know why,” said Pickles. “You’d have to ask them.”
On May 16, Town Administrator Paul Dawson said he was unable to answer the question as to whether or not the appropriation articles should have been introduced.
“The moderator made a decision to move forward,” said Dawson. When asked if the moderator had the authority to move forward with the appropriation articles past the 10:00 pm cutoff, he replied, “I don’t know how to answer that.”
In response to Pickles’ assertion that the decision to move ahead was that of the Finance Committee, the moderator, and the Board of Selectmen, Dawson replied, “I’m not aware of any discussion that took place with the FinCom and the Board of Selectmen at that time,” unable to confirm it either way.
Dickerson did not respond to a request to contact The Wanderer for comment via Dawson.
The Wanderer spoke with a press representative from the Attorney General’s Office, who was looking into the matter but did not respond with further assistance before deadline.
By Jean Perry