Projo 7 to 7 News Blog

The first item of new business for tonight's Chariho Regional School Committee is listed as: "Acceptance of the Resignation of William Felkner from Chariho School Committee."

But Felkner has not resigned. In fact, he obtained a temporary restraining order on Jan. 2 from Superior Judge O. Rogeriee Thompson, who told the school committee to consider him a full-fledged member until it has properly advertised and voted on unseating him, and requiring the school district to invite the state Attorney General's office to rule on whether it has the authority to remove him.

A spokeswoman said the Attorney General's office had received notice of the matter but had not taken any action.

Thompson will review the case on Thursday.

Schools Supt. Barry Ricci said yesterday that a packet of materials for tonight's meeting, which starts at 7 p.m. in the Chariho Middle School library, was delivered to Felkner last week.

He was not sent a packet before the meeting on Nov. 18, a day after he was sworn in as a member of the Hopkinton Town Council.

He was also denied a seat at the meeting table, and when he followed the School Committee members into a smaller room for an executive session, the session was canceled. Because he refused to relinquish his seat on the committee, a Richmond patrolman was asked to escort him out.

Tonight's agenda item was worded by Chariho school solicitor Jon M. Anderson, Ricci said, citing Anderson's position that "Mr. Felkner tendered his 'virtual resignation' when he accepted the office of member of the Town Council and disqualified himself from serving on the School Committee."

Ricci and School Committee Chairwoman Holly Eaves meet on Tuesdays to put together the agenda.

Anderson's argument is outlined on page 15 of a brief he gave to the School Committee:

"Pursuant to the obligations imposed in the break-up section of the Chariho Act," the two offices are inherently incompatible because Mr. Felkner's fiduciary duties to his different constituencies intersect but do not overlap and because the Town Council exercises revisory power over Chariho by having the power to exit from it."

Felkner argues that he was duly elected to both offices, that his constituents are the same and that they want him to look out for Hopkinton's interests on the three-town regional school board. Hopkinton's charter has rules against holding more than one town office, but whether a position on a regional school board is considered a town office can be argued either way.

One member of the School Committee, former chairman William Day, is planning to attend even though he was held overnight for observation after yesterday's fire at Canonchet Cliffs II. Day, a lieutenant in the Hope Valley-Wyoming Fire Department, was released from South County Hospital around noon today, said his wife, Barbara Day. He'll be at the Chariho meeting, she said. "He wouldn't miss that."

 Tags  dual office holding resign restraining order

Comments

Henry said:

Come on, Mr. Brown, can't you get the ACLU involved in this? You get them involved in every other thing that happens in RI. Maybe if you get your nose into this you can find a way to cost Chariho some big bucks like all the other things you poke into. Steven Brown, please go away.

Link | January 13, 2009 6:38 PM
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