Westport
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EverythingWestport.com
Monday,
March 14, 2011
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Valcourt gets his day in court.
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Valcourt gets his day in court. EverythingWestport.com Monday, March 14, 2011 photos/EverythingWestport.com
“We got nowhere with
getting me on the ballot,” Valcourt said last
Friday to the Fall River Herald. “I called the
Secretary of State’s office last Friday morning,” Town Clerk Samson said.
“They told me to go forward. Selectman Valcourt’s
name will not be on the ballot.” Both sides made oral arguments in front of
New Bedford Superior Court Judge Thomas McGuire over an injunction to prevent Samson from sending the
final ballot, sans incumbent Selectman Valcourt's
name, to the printers. Judge McGuire said that in the
preliminary hearing before him that, if both sides were not substantively in
agreement on the issues before him, he could not assure them they would go to
trial before the election. "Time is
short," Judge McGuire said. Plaintiff's and
defendant's counsel agreed to continue and treat this appearance as a final
hearing. Attorney Dan Perry,
representing Brian Valcourt, argued that the Town
Clerk should fulfill her duty, whereas the documents were already in her
hands. He argued that "Samson was the Registrar's clerk, and as such had
possession of the documents." "What purpose is the statute
served by this crazy practice" - Attorney Dan Perry. Perry argued the
practice of the candidate personally carrying his certified nomination papers
to the Town Clerk is "a tradition" and serves no constitutional
requirement as the statute, MGL Chapter 53, Section 7, does not specifically
call out for the candidate to carry the papers. Attorney Perry agreed
the papers had to be in Samson's hands before the deadline, but as Samson is
next door to the Registrar, and she is the Registrar's clerk, the papers were
already in her hands. Attorney Perry argued
that Valcourt's nomination papers had the appropriate
number of certified signatures, and what purpose did it serve the town to
keep his name off the ballot. Although phoned
several times and told by the Town Clerk and the Registrar, Dottie Sylvia,
that his papers were ready for pick up, Valcourt failed
to return the certified nomination papers to the Town Clerk by the March 8th
deadline, a requirement spelled out by MGL Chapter 53, Section 7. "As long as I've
been Town Clerk," Samson said, "all candidates always carried their
papers to the Town Clerk's office. Those who failed to do so did not appear
on the ballot." In the past, Westport
candidates were required to personally pick up their certified papers from
the Registrar's office and carry them to the Town Clerk. Samson says it’s the
law, but Valcourt says the practice is only local
tradition.
Left: Town Clerk Marlene Samson (center)
listens to Attorney Dan Perry make his case.
Right: plaintiff's Attorney
Perry (left) and Town Counsel Riley receive final instructions from Judge
McGuire. Town Counsel disagrees with
plaintiff. Town Counsel, Attorney
Riley, arguing that the delivery of papers to the Town Clerk's office was
required by the statute, disagreed with Attorney Perry. "MGL Chapter 53,
Section 7 clearly calls out the deadlines, and does not require the
Registrar to hand the papers to the
Town Clerk," Attorney Riley said. The Westport Town Clerk is responsible
for the ballots and final voting results. "You can't ignore
a part of the statute," Attorney Riley said. "It would make the
statute have no meaning." "The legal standard is on the
side of the defendant." - Town Counsel Attorney Riley. "I agree that
it's a fairly harsh penalty for failure to deliver the nomination
papers," Attorney Riley said. "But that was his own doing." If Valcourt
fails in his bid to get on the ballot, he can still run a write-in campaign. Judge McGuire said he
will rule within 48 hours as to whether incumbent Westport Selectman Brian Valcourt's name will appear on the ballot for the April
12th Westport election. Selectman Valcourt fully expects his name will be on the ballot. Town Clerk Marlene
Samson had no comment. "I'll let the judge decide," she said.
Above: Incumbent Selectman Brian Valcourt listens as Attorney Dan Perry explain the merits
of the case to a bystander. EverythingWestport.com Sunday, March 20, 2011 photos/EverythingWestport.com Click here to view the video clip on YouTube. View
the photos | Broadband/DSL speed | First day of spring in Westport - Drama at Gooseberry Island. All the actors came in
on cue last night to produce a stunning perigee
moon: magnificent sunset, clear skies, full moon, and the closest the
Earth's largest satellite has been to our world since March of 1993. The opening act was an impressive sundown and
the denouement just got better with the spectacular rise of the pastel
yellow moon over Cuttyhunk Island, so big it seemed
to dwarf the evening sky as it played out to a large audience gathered at
Gooseberry Island. Westporters witnessed an event that won't reoccur for another 18 years.
On the eve of the Vernal Equinox (1st day
of Spring), the perigee moon seemed to celebrate the coming of an early
spring. The bone-chilling
northeast wind did little to turn away spectators who were bundled up against
the cold and wind to view one of nature's wondrous displays of astral
theater.
Above: The moon makes its entrance on
cue at 6:15 p.m. Saturday night, on the eve Vernal Equinox (1st day of Spring). The
small blue light is a navigational buoy.
Left: the perigee moon rises high above
Cuttyhunk Island. Right: A magnificent sunset was the
opening act for the dramatic appearance of the perigee moon. At
its closest on March 19th, the moon will pass by Earth at a distance of about
221,567 miles. This month's
perigee will put the moon about 8% closer to Earth than usual, and about 2%
closer to Earth than the average lunar perigee. The
moon is at its apogee when it's farthest away from the earth. When it makes
its closest approach, the moon is at its perigee. The
"super moon" is so close because its orbit around the Earth is not
a perfect circle, but an ellipse. If you missed the play,
don't worry. It will be released again in another 18 years, provided the
skies are clear! Click here to view the video clip on YouTube. View
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