What’s the matter with Lyman?
Selectmen voted not to change the town’s lawn mowing contract, which they extended in violation of state statute, and have continued to miss the issue altogether.
According to an article in Wednesday’s paper, Selectman Leo Ruel said at their Monday meeting, “I believe it’s a good contract, it’s legal, and we were doing it for the best of the town.”
Whether it’s a good contract, and whether it should have been extended or not extended, is not the issue. The issue is legality, and it was not legal, despite Ruel’s assertion.
According to state statute, which Lyman follows in absence of a town charter, municipal officers must obtain approval from Town Meeting “to enter into a contract for a multi-year term which will require the town to appropriate a certain amount of money in each of those years.” Per the statute, if the town enters into a contract without town approval, they can seek ratification of their decision after the fact, and if voters do not approve it, selectmen can be held personally liable for having entered into the contract.
That means that any contract that would be in effect for more than a year must go to voters at Town Meeting ”“ which can even be done retroactively ”“ but this board refuses to do so.
We’re pleased Lyman is working to put a charter in place and will also expand its board to ensure more people are versed in the laws that govern the town. We hope those future board members will take these statutes more seriously than the current group in charge. If they are unable to grasp these laws, perhaps it’s time for a town manager.
It is incumbent upon those who serve on town boards and committees to know the town’s governing documents ”“ in this case, state statute ”“ and if they are unsure of procedure, that is why municipalities employ staff and attorneys.
This disregard for the rules seems rampant in Lyman, from the lawn mowing contract to the decision last July to pursue legal action concerning Selectman/Transfer Station operator Steve Marble’s position on the board. That decision, too, was made without a formal, public vote. This has to stop.
The business of towns should be open and transparent, and should follow the law in place to ensure that business is conducted properly. Distrust and discontent has brewed in town for years because of the way the town conducts its business, resulting in two efforts to recall selectmen ”“ one in 2006 and another this past November.
The charter commission will have much to tackle in creating local laws for how business is conducted in Lyman, and we hope the commission members will write clear and concise rules of procedure and terms for contracts and bidding.
Then it will be up to residents to hold selectmen to those laws.
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Today’s editorial was written by City Editor Robyn Burnham on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.
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