McNiesh wins special election to
 take back Council seat

(2/13) One down, one to go.

Pulling in 303 of 572 votes, Michael McNiesh won the special election held February 13 to fill the seat that was stripped from him in October for failing to attend three Town Council meetings in a row.

Betsey Brannen came in second with 149 votes, David Toohey took the yellow ribbon with 42 votes, and Jason Bryant received 27.

McNiesh’s win came on the heels of a decision by the Town Council to clarify language in the section of the Town Charter regarding the meaning between ‘participation’ and ‘attendance’ with respect to town council meetings and their implications.

Following the decision of the Town Council to remove Commissioner Michael McNiesh for failing to ‘attend’ three council meetings in a row, discontent was felt among many in the Town. While McNiesh did ‘participate’ virtually, he was by definition, not present physically, and therefore, according to the Charter, unable to vote, and thus marked down as not being in ‘attendance’. It boiled down to the difference in interpretation of the intent of the current language in the town charter.

In proposing language to prevent a future misinterpretation, Former Commissioner Michael Bailey, who resigned his own seat in January for personal reasons said: "the last few months have been a little tumultuous, and has caused me to sit and think about everything that has happened. Knowing me, I’m a literalist, and I know one of our big points of contention during the pubic hearing was the ‘intent of the law’ versus the way the law, or the charter is written."

Under the revised language approved by the Town Council at their meeting on February 8th, Commissioners not physically present may join in on discussion via the internet or telephone, but they are prohibited from casting votes, and will not be counted as present in regards to Section 3.10, Determining of Quorum. Specifically "any Commissioner or Burgess participating via telephone or video conference pursuant to this section is also to consider to have failed to attend the meeting unless excused … per the Forfeiture of Office Clause."

In reflecting on the rationale for his changes, Bailey said "the more I think about what we do as a legislative body the more I think it is important to for us to be present when we are able to be present. If we have conflicts and need to be excused – that is one thing – but I think that part of the legislative process in representing our constituents is that it is important that our constituents can come sit before us and look at the whites of eyes, read our body language, and speak to us in person."

How McNiesh will navigate the new tighter attendance criteria is yet to be seen, but his ability to do so got off to a less then auspicious start when he could not make the candidates forum held on February 11 due to a conflict with his work schedule.

Now that McNiesh’s seat has been decided, the Town Council now needs to decide how to fill Michael Bailey’s seat. While the town charter allows the Council to appoint someone to fill the seat for the remainder of Bailey’s term, some have suggested that the runner up in the special election be appointed, or that a new election be held.

The Council will decide on how to fill Bailey’s seat at the next town council meeting.