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New Hopkinton councilman tries to keep his Chariho board seat

10:37 PM Wed, Nov 19, 2008 |
News staff    Email

By Donita Naylor
Journal Staff Writer

The state Ethics Commission received so many inquiries Wednesday about whether a newly elected Hopkinton Town Councilman could continue serving on the Chariho School Committee that, by 3 p.m., the receptionist knew exactly where to direct a caller as soon as she heard the word "Chariho".

Steven Cross, the commission's chief of investigations, said he had been telling callers all day that the issue was not one for his agency.
"We don't believe there was any violation of the ethics code," Cross said.

Bill Felkner of Ashaway, who has served on the School Committee since 2006 and whose term expires in 2010, was elected to the Hopkinton council on Nov. 4 and sworn in on Monday. He said he asked both the state Board of Elections and the Ethics Commission if he could hold both seats and was told -- unofficially --that he could hold both as long as he didn't vote on school issues for the town or town issues for the school committee.

He said he didn't get the packet of meeting documents that is routinely delivered to members of the School Committee on the Friday before a Tuesday session, he said.
When he arrived at the Chariho Middle School on Tuesday for the 6:30 p.m. closed session that was to precede the 7 p.m. public meeting, he still did not have a packet and there was no name card marking his place at the table.

He sat down anyway.

The meeting opened at 6:30 with the Chariho Regional School District lawyer, Jon M. Anderson, being invited to speak. He delivered the opinion that Felkner was no longer a member of the School Committee.

William Day, a Richmond member who was still chairman of the School Committee until his successor was elected about an hour later, said he was satisfied with that opinion and refused to acknowledge Felkner as anything but a member of the public. He did not allow Felkner to comment and instructed the clerk not to count his vote.

A recess was called while Day called the Police Department and requested that an office be sent to the meeting room. After the patrolman arrived, committee members walked into a separate room for the closed session, Felkner among them.

The officer, Patrolman Dan Kelley, stood politely as the members filed past.

In a few minutes, they all came out again and took their seats. Day again invited Anderson to speak.

The lawyer told Felkner that he had effectively given up his board seat when he was sworn in as a Hopkinton councilman the day before.

Day polled the committee members on whether Felkner should be removed from the meeting. With Felkner's vote not counted and Terri Serra abstaining, the vote was 5 to 4, and Day asked Patrolman Kelley to remove Felkner.

Felkner said as he stood to leave: "I want to make sure everybody understands that this is under protest."

Supt. Barry Ricci said Wednesday that it seemed obvious, logical and "just kind of common sense" that when Felkner was elected to the Town Council he would give up his school seat. The school board's lawyer, Ricci noted, pointed out that Barack Obana resigned from the Senate once he was elected president.

Hopkinton Town Manager William DiLibero said Wednesday that Town Solicitor Patricia Buckley would not issue an opinion unless asked asked to do so by the Town Council. The next regular council meeting is Dec 1.

Superintendent Ricci said he hoped "that the adults will find a way to solve any problems so that the focus will be on the education of the children of Chariho."

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