AUGUSTA: Charter panel mulls petitions and their limits
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BY KEITH EDWARDS
Staff Writer
Kennebec Journal & Morning Sentinel 07/17/2008

AUGUSTA -- Rules governing the rights of citizens to petition city government and bring issues to referendum are likely to generate lively debate by the Charter Commission tonight.

The issue has been controversial -- and the focus of a recently-dropped lawsuit against the city filed by, among others, a member of the Charter Commission itself.

Commissioners have thus far been unable to agree upon what the city charter -- essentially the constitution of the city -- should set as the rules for the process by which citizens can petition the government and bring issues to a referendum vote.

Commissioner William Johnson, one of the citizens who sued the city over its handling of petitions, has proposed removing provisions from the charter that provide for the City Council to vote whether to accept citizen petitions.

Instead, he suggested the charter language be changed to direct councilors to issue petitions and order them to be printed.

Johnson also has sought to strike charter language directing the city attorney to review petition questions.

However, Commissioner Don Roberts has argued city officials have a responsibility to review proposed citizen initiatives and referendum questions, to ensure they do not propose the city take illegal actions.

Johnson, the lead plaintiff in a lawsuit against the city, just recently agreed to allow his appeal to the Maine Supreme Court to be dismissed.

Johnson and four other residents sued the city in December 2007, claiming it did not have the authority to deny their applications for petitions. Those petitioners claim the city unlawfully censored them by refusing to place questions related to zoning and the sale of the former Cony site before voters.

They wanted residents to vote on whether to preserve the entire former Cony High School site for educational purposes, and on whether all future rezoning decisions should go to referendum.

Tonight, at its 6 p.m. meeting in council chambers at Augusta City Center, the commission is scheduled to take up the citizen initiative and referendum process.

"The next commission meeting should be a doozy," said Mark O'Brien, chairman of the commission, and a city councilor. "I expect (citizen initiative and referendums) to be the sole focus of this meeting agenda."

Commissioners are reviewing and potentially rewriting the city's charter, a document that regulates numerous aspects of how the city conducts business, from the structure of City Council to the powers of mayor.

The commission, which began meeting in December of last year, is required to submit its final report within 12 months of its formation and a preliminary report within nine months.

Any changes to the charter would have to be approved by residents in a referendum vote.

The meeting is to begin with a planned 30-minute public comment period before commissioners begin deliberations.

Keith Edwards -- 621-5647

kedwards@centralmaine.com

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