CONWAY — Tempers flared following special town meeting Monday after a proposed “Safe Communities” article was tabled before it could be publicly discussed.
“It was surprisingly contentious,” said Town Administrator Tom Hutcheson. “Mostly after the meeting, people continued their disagreements. (Debating after) is not unusual, but it was heated.”
The article was put onto the agenda through a citizen’s petition that garnered more than 100 signatures. Had it passed, the bylaw would have prevented Conway police from honoring noncriminal civil immigration detainer requests, and all town employees from acting as immigration officers.
“Certainly, we don’t know who’s coming through town, we don’t know if they’re criminals, gang members, drug dealers, terrorists — by passing this law, we’re just opening ourselves up to possibilities we don’t want,” said Selectboard Chairman John P. O’Rourke, speaking against the proposal at the meeting. Only O’Rourke, Nelson Shifflett, who authored the citizen’s petition, and Police Chief Ken Ouimett spoke on the article.
Shifflett said Ouimett “gave a very impassioned statement” against the proposal, arguing the question should be left up to the state — then made a motion to table the question that was seconded by O’Rourke — which subsequently passed majority vote by a three-vote margin, 59-56.
But Shifflett thinks that Robert’s Rules of Order, a format of meeting conduct that Conway uses wasn’t followed correctly when it came to a tabled motion. He points to Robert’s Rules’ website which explains tabling a motion to end discussion is “a common violation of fair procedure. Such a motion is not in order, because it would permit debate to be suppressed by a majority vote, and only a two-thirds vote can do that.”
In response, later, O’Rourke noted the proposal could have been taken up again before the meeting ended, but no one acted.
“There could have been a motion to take from table to reconsider the article, however, no one made that motion … It is a democratic process,” O’Rourke said. Shifflett said he and others didn’t understand the rules well, which is why no one did anything.
After the meeting, a heated shouting match broke out “over the accusation that the chief had incorrectly said he was not given compelling reason for passing the motion,” said Selectman Robert Armstrong. “This should have been part of the discussion of the motion, but that discussion was prevented by (Ouimett’s) request to table the motion and an immediate vote to kill the article.”
About whether or not the vote would have passed, Shifflett said, “I can’t say. I think it would have been a very close vote. But that’s the whole idea — to have people make a pitch — to get up, make a presentation, and either win or lose.”
Ouimett couldn’t be reached for comment Wednesday. Moving forward, Shifflett said he expects “one way or the other, towns folks will have a chance to vote on this issue. To have their voice heard. And if we’re successful, that’s great. But if not, that’s too bad.”
Elsewhere on the agenda, a temporary stay on marijuana establishments in town passed a two-thirds majority “by a single vote,” Hutcheson said.
The new law puts a “temporary moratorium on commercial marijuana establishments in Conway until Dec. 31, 2018 or six months after the state issues their regulations, whichever is later,” said Mary McClintock of the Planning Board.
All other items on the agenda passed including a few small monetary transfers, and Finance Committee members were changed from five to six.