WINDHAM – Windham resident Bob Wehmeyer, citing disenchantment with the actions of some of the town’s elected officials, is forming a committee to develop a new ordinance that would allow the recall of elected officials.

A similar recall ordinance effort failed in January 2009, Wehmeyer said. His committee, members of which he was unwilling to divulge at this time, therefore has to wait until late January 2011 to commence the signature-gathering phase since a similar recall ordinance effort failed at a special meeting held in Windham in January 2009.

“We have to wait until Jan. 28. We have to let two years lapse,” Wehmeyer said. “That’s the law.”

Despite serving three terms as a Shapleigh selectman, Wehmeyer has had little involvement with Windham politics. He was one of the founding members of the Lakes Region Farmers Market, though he is no longer involved with that group. Wehmeyer says he now feels compelled to seek the ordinance change due to “questionable behavior” on the part of current councilors.

He would not implicate individual councilors, but said certain councilors have voted on items when they’ve had a “conflict of interest” and “appearance of impropriety.” He also said he’s not seeking the recall of any particular councilor at this time, but that he only wants to the ability to recall should the need arise.

“I am very disenchanted with current behavior and the process that certain members of the council are applying in their work,” Wehmeyer said. “I’m hoping this will get somebody’s attention and they will begin acting more civilly and ethically. In the event that doesn’t start to occur, I would envision putting one or more individuals up for recall.”

Wehmeyer says the town charter requires a committee of at least five people to begin the referendum process. He says his committee will start seeking the required signatures in January to get the question on an upcoming ballot.

“The public is stifled in their attempts to provide input on certain issues,” he said. “I think generally there’s just an arrogance where they seem to have lost sight of the fact that they are public servants who should serve all the people and to be willing to listen to whatever input that comes before them.”

When contacted for comment, council leadership, consisting of Chairman Bill Tracy and Vice Chairman Matt Noel, said they were surprised at Wehmeyer’s criticism of the council, which they said he had not previously expressed.

“To the best of my knowledge (Wehmeyer) has never contacted me directly or indirectly to voice his concern or perspective,” said Noel. “I encourage him or any other person to call or write me at any time if they have an issue with what I have said or how I conduct myself as a councilor. I take feedback is an opportunity to improve and to grow. I welcome good and the not so good openly.”

Noel said he doesn’t recall any incident in which a resident has not been allowed to speak on any subject at any time “nor have I received any calls, e-mails or other communication, directly or indirectly, indicating that a speaker’s right to speak has been violated.”

Noel is chairman of the finance committee, which is charged with reviewing the town manager-proposed budget before passing it on to the full council and then to residents for a townwide vote. Last budget cycle, the finance committee came under heavy criticism for approving the abolishing of Windham dispatch and the deputy fire chief’s position.

“As chairman of the finance committee, everyone who wanted to speak was given the opportunity to do so, in many cases more than once during the same meeting. I do not understand how this can be interpreted as stifling or arrogant,” Noel said.

Noel also points to recent votes indicating the council listens to the will of the people.

“The South Windham rezoning process, while not perfect, is another example of how the public was clearly heard,” Noel said. “The voice of the citizens was not to re-zone the area. The vote of the council was in line with this position. Arrogant?”

“The rezoning of Cameron Lane … is another example,” Noel continued. “The voice of the citizens who attended were opposed to this rezoning. The vote of the council was not to rezone this property. Is this arrogant?”

Noel also defends the council, saying many times no one attends a meeting to give the council input.

“The voice of the people is not always heard,” Noel said. “Many subjects come before the council and there is one (Tommy Gleason) member of the community present. We have held several public hearings and no comment is made. We have held public meetings and public hearings on subjects such as the sewer system and have had nearly no participation or public response, positive or negative, to the process. We encourage participation yet receive little. Is this a position of an arrogant council?”

Tracy echoed Noel’s sentiments and added that the council has tried to be open-minded while trying to strictly follow the town’s ordinances and proper protocol.

The next step in the recall ordinance process requires Wehmeyer’s committee to come up with the language of a recall-related referendum question and then submit that language to the town clerk, who would then forward it to the town attorney for legal review.

Once the ballot question is approved, Wehmeyer’s committee could then begin soliciting signatures on Jan. 28. It would need to gather signatures totaling 10 percent of the voters who cast a ballot in Nov. 2’s gubernatorial election to get on Windham’s next ballot, which could take place at a regular election or in a special meeting.