In Plymouth, the question is this: it’s legal, but is it right? This concerns the filling of a vacancy on the Planning Board.
Bobbi Clark has the details:
Selectman Chair Ken Tavares says there will be a joint meeting with the Planning Board next Tuesday:
“As part of its docket, there’s an item to replace a member of the Planning board that recently resigned from that position. There are two individuals applying for the position. And one of the individuals is the spouse of a current sitting member of the Planning Board.”
And that individual is Paul McAlduff. His wife, Linda. has applied to fill the vacancy. Also applying is Frank Mand.
Tavares says the Planning Board Chair, Malcolm MacGregor questioned if the McAlduff situation was a conflict. Tavares checked with Town Counsel:
“Counsel referred the Planning Board member to see General Laws 268A, Section 23B3. He said that there’s a form that’s filled out: disclosure of, and appearance of a conflict of interest. And that if he filled out the form and filed it with the Town Clerk, he could proceed with voting. I checked with the Town Clerk and the proper form has been filed and he will be entitled to vote.”
So, Paul McAlduff, who has two years left on his term, can cast a vote for
his wife to serve with him. If appointed, Linda will serve the balance of the departing member’s term until the May election and could run for the balance of that term, which is 2 years.
A husband and wife team on the Planning Board raises questions: what is the possibility of violation of the open meeting law, and of conflict of interest. On this 5 member board, the McAlduffs would represent 40 percent of the voting power. So, yes, it’s legal, but is it right?