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Editor,

In keeping with the town’s efforts to correctly inform the citizens of Windham of their rights and responsibilities under the town charter, the town offers the following information in response to a recent op-ed column which appeared in the Lakes Region Suburban Weekly.

In the June 1 “On the Right Track,” the authors claim that Windham’s charter requires “items over $25,000” to be approved by the voters. They imply that some right has been taken away from the voters “although the town charter states otherwise.” What Windham’s charter says is that the voters:

• Elect the town council, school committee, and town clerk (Article VII, Section 1)

• When assembled at town meeting, adopt the annual budget, which may not be increased above that recommended by the town council (Article VIII, Section 1).

• When assembled at town meeting (regular or special), approve supplemental appropriations of $25,000 or more and the issuance of bonds or notes other than tax anticipation notes (Article VIII, Section 2).

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• May petition and vote to discontinue town meeting by referendum (Article VIII, Section 4).

• May petition and vote to overrule the town council on ordinances, resolutions and votes by referendum (Article IX, Section 1).

• May petition and vote to enact ordinances by referendum (Article IX, Section 2).

Even before Windham voters approved the charter in the mid-1970s, the board of selectmen had the authority to expend funds in the budget that was approved by the voters at town meeting. This included “items over $25,000” as long as those funds were within the approved budget. The authority of the town council today is, in this respect, little different than that of the board of selectmen of over 30 years ago.

Windham’s annual budget is still approved at town meeting (this year’s is on June 16, 10 a.m. at the Windham High School auditorium). Once the budget is approved by town meeting, the responsibility for its administration passes to the town council and town manager. All of the funds approved by town meeting can be expended without further action by the voters. However, if a spending proposal in addition to the budget – that is to say, not included in the budget approved by town meeting – of $25,000 or more comes up during the year, the Council would have to call a special town meeting and ask the voters to approve it. What Article VIII, Section 2 of Windham’s charter actually says about when action by town meeting is required is this:

“The annual budget, as provided in Article V; any appropriation of twenty-five thousand dollars ($25,000) or more in addition to or supplementary to the annual budget appropriation (emphasis added); the issuance of bonds or notes, except notes in anticipation of taxes to be paid within the fiscal year in which issued; shall become effective only after it has been adopted at a Town Meeting by the vote of a majority of those present and entitled to vote at such meeting.”

A complete copy of Windham’s charter is available online at www.windhamweb.com/council/charter.pdf.

Tony Plante, town manager

Town of Windham

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