HomeMy WebLinkAbout2020-06-30 Board of Registrars Minutes� • OFq�
Town of Reading
, i. � i Meeting Minutes
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Board - Committee - Commission - Council:
Board of Registrar
Date: 2020-06-30
Building: Virtual
Address: 16 Lowell Street
Purpose: Recall Petition
Attendees: Members - Present:
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Location: Zoom
Session: Open Session
Version: Final
A,E,GIE I WE -)J
TOWN CLERK
READING, MA.
MHOCT -� 1: 2;
Laura Gemme (Town Clerk & BOR Chair), Harry Simmons, Krissandra
Holmes, Nancy Ziemlak (BOR Members), Vanessa Alvarado (Selectboard),
Mr. Newman (Counsel for Ms. Alvarado), Mr. Ensminger (Representing
Petitioners), Ray (Town Counsel),
Members - Not Present:
Others Present:
Minutes Respectfully Submitted By: Laura Gemme
Topics of Discussion:
- Meeting called to order at 4:12PM
Board of Registrars (BOR) Public Hearing regarding the recall petition for Select board
member, Vanessa Alvarado.
Ms. L. Gemme opened the meeting
- Today the BOR consider the objections to the recall affidavit the hearing will proceed in
three phases:
(1) The board will receive evidence from the hearing participants. Ms. Alvarado
represented by her attorney Mr. Dennis Neumann and Mr. Daniel M Ensminger
representing the petitioners. Mr. Newman and Mr. Ensminger to give a 15 minute
oral argument to the board concerning the evidence as to why it favors that party's
position.
The board will deliberate with respect to the evidence. The BOR voted to accept all
documents into evidence from both parties. All documents are posted on the
website. There is a recording and transcript of all meeting on the RCTV website:
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Town Counsel Statement
Town Council addressed the board and the hearing participants concerning the law
as it applies to the objections to the recall affidavit so that the hearing participants
will have the benefit of that decision and may address it during the argument
Argument: Attorney Newman Representing Vanessa Alvarado Select board
Argument: today the argument is boiled down to one thing whether or not the
affidavit is sufficient and whether or not the petition should have been issued for the
recall as ray mentioned the Charter says that the method the town officer whose
recall is sought in a sworn statement in in the grounds on which the affidavit is
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based. It is not notarized and it is not signed under the pains and penalties of
perjury. Mr. Newman quotes refers to the seminal case on this type of issue
Argument: Mr. Ensminger Representing the Petitioners
Argument: I will use my argument in time to highlight the major points made in
that document petitioners demand that the town of reading its town clerk and its
board of registrar's comported their conduct per the authority and limits of conduct
and certification described in the Charter Massachusetts General Laws and case law
cited by reading town council in his instructions to the board of registrar's further
petitioners demand that the town of reading and Its board of registrar's deny
Vanessa Alvarado her claims seeking to invalidate the sworn affidavit and attendant
signatures previously
Following the arguments Questions from the Board of Registrars were asked of both
parties for clarification on the evidence presented
The Board of Registrars all voted in the Affirmative to Adjourn the Hearing and
reconvene on July 1'r at 4pm in order to allow members time to review and study the
evidence presented.
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