Town attorney declines to weigh in on initiatives, referendums

7 years ago

HOULTON, Maine — The attorney for the community told town councilors in a letter that he would not get involved in election politics prior to Nov. 7 out of concern about the improprieties of influencing the outcome.

In a letter that was read aloud at the Council meeting on Oct. 12, Town Attorney Dan Nelson addressed Councilor Rosa McNally’s questions related to the fate of recreational retail marijuana shops and commercial growing facilities in the community, which will be decided by voters this November.

Nelson said that he could not, “at taxpayer expense, attempt to answer a group of hypothetical questions about the possible outcomes of the Nov. 7 votes.”

He noted that the charter’s referendum and initiative process are led by petitioning committees and not by the town council.

“The town attorney may not be engaged to render service or legal opinions other than by the town manager or the majority of the town council…” Nelson wrote. “It is not appropriate for me to comment on what the respective committees are trying to accomplish and whether their proposals accomplish that end.”

“As town attorney, I shall not and will not attempt to influence the referendum or initiative process in any way by rendering any premature opinion on potential outcomes of the votes or to resolve any confusion created by the submissions of the petitioners,” he concluded.

In other business, Police Chief Tim DeLucca introduced Sgt. Matthew Quint, who recently received a promotion into the middle management slot. Quint

has been with the department for nine years after retiring from the Maine Army National Guard. He also served a tour of duty in Iraq. He will join Sgt. Charles Wampler in supervising shift personnel on a daily basis and taking on more assigned tasks.

The council meeting originally had been scheduled for Oct. 10, but was postponed to Oct. 12 because of a power outage.