A group of citizens in the Town of Barnstable is circulating a petition to organize a Charter Study Committee for the Town. Actually, their petition is to have a question placed on the November ballot to see if the voters approve of the creation of such a Committee, as allowed under the General Laws of the Commonwealth of Massachusetts.

Once the signatures are collected, the question will be placed on the ballot and citizens will run for a position on the commission.

If the charter review question passes, the commission will be elected and have up to 18 months to come back to the voters in November of 1999 with their recommendations, at which time the voters may accept or reject them.

This page is made available to the public so that they can learn a little more about the petition, and if interested, can send e-mail to the organizers of the petition drive indicating their feelings and, perhaps, willingness to sign a petition.

At the bottom of this page are phone numbers and an e-mail address for more information or to offer to add support.

The Town of Barnstable was incorporated in 1639. The Town was adminstered by a group of selectmen. The laws of the Town were created in a democratic fashion by the Town Meeting - at which all voters of the Town could express their agreement or disagreement openly, and pass laws with which the majority agreed (subject to certain situations that required more than a majority vote).

This open form of government continued until the mid-70's, when the Town had grown so large that a modification was instituted that created a Representative Town Meeting. In this case, representatives were elected by the people to vote on their behalf at Town Meeting. All voters were still invited to come to the Town Meeting, but only the elected representatives could actually vote.

The current Charter of the Town of Barnstable created a "Council-Manager" form of government in 1989. This is basically a City form of government. Under the existing structure, the Council is the legislative arm of the Town - passing the laws that govern.

The Town Manager acts as the Chief Executive Officer. He/she implements the laws and manages the government itself and has a significant amount of autonomy is his/her actions. In relation to the Town Manager, the Council acts like a Board of Directors in overseeing its Chief Executive Officer - the Town Manager. The Council has the right to hire and fire the Town Manager.

The organizers of the petition drive feel that many Barnstable residents feel disenfranchised by their government. They believe that this review process can return the government of Barnstable to its true head - the voter.

The organizers feel that government cannot adjust itself from within and should be reviewed periodically. This review process in itself does not interfere with the conduct of the government in any way and is helpful in many ways.

The group who are circulating the petition are trying to gather enough signatures to get a charter review question placed on the ballot for the November 1997 election.

If successful, the Town would have a comprehensive review of the present charter by a charter commission with the necessary resources to make sound recommendations for improvements.

The group is required to collect signatures from 15% of the total registered voters of our town. This comes to about 5000 signatures. This process is the most democratic one possible and causes the voter to become involved and knowledgeable because public input is a major part of the charter review process.

Once the signatures are collected, the question will be placed on the ballot and citizens will run for a position on the commission. If the charter review question passes, the commission will be elected and have up to 18 months to come back to the voters in November of 1999 with their recommendations, at which time the voters may accept or reject them.

All registered voters in the Town of Barnstable are invited to add their names to the petition. Please keep in mind that a signature on the petition only signifies that the wish to place the question before the entire Town at the November ballot. Signing the petition does not signify a specific form of government desired, or even if a change is necessary - only the desire to have it reviewed.

By telephone: Lucien Poyant 775-2371

By e-mail: charter@ohain.com

The Barnstable Patriot, May 22, 1997
A boost for a charter commission, By David Still II

Going into the weekend, the number of signatures collected to place a charter commission question on the fall ballot remained essentially unchanged for about a month and a half. After the weekend, petition drive coordinator Lucien Poyant was 1,000 signatures richer.

Hitting the residential transfer station on Saturday and the Centerville-Osterville-Marstons Mills election on Monday, Poyant was swarmed with eager signers.

After explaining what the petition was for, many noted the council's Thursday night maneuver and the need for change. Roy Richardson agrees. He said if the vote did anything, it strengthened his belief that Barnstable needs a new form of government.

There's still a long way to go for the needed 5,000 signatures, but if the council continues to act in the same manner as last week, the road toward a charter commission will be a lot shorter.

Cape Cod Times, July 2, 1997
Barnstable has few takers in council, race. Council candidates and interest in a charter study commission are lacking. By Paul Gauvin.

HYANNIS - Barnstable residents gripe about local government but few are willing to do much about it.

While an effort by former school teacher Lucien Poyant to get a charter study commission question on the Nov. 4 town ballot is foundering, so are calls for candidates to run for various town seats in the same election.

Town Clerk Linda Hutchenrider is having a difficult time attracting candidates and has been reduced to pleading for them during the televised council meetings.

Two of three council seats being vacated still have no takers, Hutchenreider said. Nomination papers must be filed by July 29.

On the charter commission drive, Poyant said this week there are potentially enough petitions in the hands of volunteers to get the 4,300 signatures needed by the July 29 deadline to get on the ballot.

At this point, "We have 1,500 of the 4,300 signatures needed by July 29," he said.

The town council, as a body, has mixed feelings about the charter study, said council president Richard Clark. No councilor has yet to propose council support for the charter study. "I don't have a problem with it," Clark said. "Personally, I think a charter study should be done on a regular basis."

That's Poyant's point.

"We're not advocating particular changes. We're supporting a study of what we have, a review, to see where it can be improved."

But with the deadline nearing, Poyant is clearly worried.

"Our biggest failure is that we are not able to garner dedicated people to do what is necessary. There's no difficulty getting signatures. I've been at the dump, supermarkets. Everywhere I've been, I've been able to collect signatures. We need four or five really dedicated people willing to get signatures and do whatever needs to be done," he said.

There is no apparent consensus on the council.

Several of those polled say they support a study in varying degrees but have no specific changes in mind.

Councilor Harold Tobey, who is not running for re-election, is against a charter commission.

Councilor Audrey Loughnane says: "I feel I should stay neutral.'

Councilor Joseph Pino says he reluctantly supports a study to see what it says. He would prefer to see the council make its own charter improvements as it is doing with the airport commission.

The council last week voted to put a charter question on the ballot to remove exemptions that would bring the commission in line with other town departments.

Councilor Walter Wannie, who is vacating his council seat this year, supports a study, a mayor and fewer councilors probably elected at large. He is joined by Councilor John Boyle in agreeing it would be best if a mayor chose a manager for direct accountability to the public.

"This is a good form", Councilor Royden Richardson said of the present manager-council government. "I think it's working well. However, there are a lot of comments in town indicating some dissatisfaction either with the form or how it is performing.

The Barnstable Patriot, July 3, 1997
Charter drive running our of time, By David Still II

It's down to crunch time for those who would like to see a new charter commission impaneled this November.

The signature drive, which must wrap up by the end of the month, is still far shy of the 4,350 signatures needed to place the question on the ballot. The status of outstanding petitions and potential alternatives were discussed by organizers Monday night at Liberty Hall in Marstons Mills.

Lucien Poyant of West Hyannisport, who has led the drive since February, said that there are about 130 petitions that have been signed out, but he only knows what's happened with a handful.

In trying to track down people who took petitions, he has met with unreturned phone calls and general frustration.

There were suggestions for possible alternatives to the petition drive. The possibility of appealing to the town council to simply place a charter question on the ballot led the discussion, Poyant said that if he had enough signatures to look "credible to the council" he would make the request.

According to Town Attorney Robert Smith, that is not an option. Under Home Rule, charter commissions must be impaneled by petition. Legislative bodies do not have the authority to place such a question on the ballot.

The remaining alternative is to gather the needed signatures.

Poyant and the others attending the meeting stressed that petitions do not need to be completely filled out in order to be turned in. There will be a call for all petition holders to turn them in to the town clerk's office to see where things truly rest.

Part of the problem has been the length of the effort, going on six months, and the wavering enthusiasm. With union contracts getting settled, a new town manager who is generally liked, and a drive that has had a series of false starts and misfirings, the call for change has died down, with a few spikes of renewed interest.

Starting this weekend, the handful of organizers, a core group of maybe seven, will begin a concerted effort to collect signatures.

One of the most frustrating things for Poyant is that he knows from his own experience, collecting more than 850 signatures himself, that people are willing to sign.

"We just need to get out there," Poyant said.

For more information or if you have a petition and want to know where to take it, call 775-2371.

Cape Cod Times, July 25, 1997.
Loophole extends charter deadline. Barnstable panel supporters push toward ballot. By PAUL GAUVIN

HYANNIS, - Supporters of a charter improvement: commission said yesterday a loophole in election law may enable them to survive Barnstable's apparent political apathy.

Albert Baker, Lucien Poyant and a group of about 20 other people have collected some 2,000 of 4,346 signatures needed to get the charter question on the Nov. 4 ballot.

Town Clerk Linda Hutchenrider reported yesterday she had "a loophole" in the law that gives charter questions more time than the 100 days usually required before an election to certify nomination papers.

"July 29 would be the 100 days, but I've learned that we can allow (another) 68 days in the case of a charter commission election," she said. "I'm willing to extend the time to Aug. 20 if the supporters tell me they think they can get the signatures in. They'll need a special charter commission weekend or some event like that to get the interest up".

Poyant expressed his commitment yesterday, and Baker said the group was to meet last night to discuss just such an event and a final push to reach the required number by August 20.

"We will also need time to allow people running for the commission to collect 50 signatures for their nomination papers," Hutchenrider said yesterday.

William Elkins, who served on the charter commission that created Barnstable's council/manager form of government, said yesterday "We screwed up on the number of signatures that would be required for creating new commissions." He said it should have been fewer than the 4,346 now needed.

Commission supporters and town officials agree the difficulty lies in Barnstable's general political apathy, particularly in the summer. "Many people tell us they don't have the time for it in the summer and others say they just don't care," Baker said.

"We're seeing the same thing in the council races," Elkins said, referring to the dearth of candidates for council seats in the upcoming election. "The original charter commissioners thought they were creating 18 coveted seats. That was reduced to 11 and still nobody wants them."

Baker said the commission supporters would be using the radio next week to interest more residents in collecting signatures.

Cape Cod Times, Saturday 8/9/97

By PAUL GAUVIN, STAFF WRITER

HYANNIS - About 1,200 more signatures are needed to get a new Barnstable charter committee on the Nov. 4 town ballot, proponents of the charter review said Thursday.

Lucien Poyant - who has been spearheading the drive with help from Albert Baker - said about 800 signatures were collected over the weekend to add to the 2,300 already certified by Town Clerk Linda Hutchenrider.

"It was fantastic," Poyant said of last weekend's drive at the Pops by the Sea concert on the Village Green and area beaches. "We're more hopeful now we can be successful."

A total of 4,300 signatures are required to get the commission on the ballot. The proponents have until Aug. 20 to accomplish that.

Baker said Thursday that volunteers will be at the landfill and beaches this weekend. He asked volunteers with any outstanding petitions to turn them in to him or Poyant.

Residents who want to help or need a petition picked up can contact Poyant at 775-2371 or Baker at 428-2433.

In addition, petitions are available for signing at Bradford's Hardware in downtown Hyannis, Arnold's Bread thrift store on West Main Street, the Barber of C'Ville on Pine Street and the Cash Market in Marstons Mills.

Cape Cod Times, August 21 1997

Charter, study bid falls short

Signature-gathering in Barnstable wilted in heat of summer activity

By GWENN FRISS, STAFF WRITER

BARNSTABLE - Late yesterday afternoon Lucien Poyant was hoping for - but not banking on - a miracle.

With only one hour left to deadline, Poyant's effort to get a charter study question on the Nov. 4 ballot was still 1,400 signatures shy of the 4,346 needed.

Signatures were still coming into the Barnstable Town Clerk's office yesterday for certification, so the shortfall will not be official for a day or two.

But, Poyant acknowledged yesterday, the gap appeared too large to bridge.

"I'm not confident we're going to get the number we need to get," he said yesterday in a telephone interview from his New Bedford office.

"We've been collecting signatures since February. I assumed that would be enough time, but summer came into play and people...

Had Poyant been successful in collecting signatures from 15 per cent of Barnstable's voters, this fall's town election would have asked people if they wanted a charter study group and who should serve on it. Candidates would have had until 35 days before the election to submit their papers.

In 1989 Barnstable approved a new charter that replaced the board of selectmen with a town council-manager form of government that started work in 1990.

Proponents of the charter study say the new government is not working and cannot be fixed with minor adjustments. Poyant said an independent study group is needed to look at Barnstable's over-all government needs.

With only two-thirds of the required signatures certified yesterday morning, Poyant called the secretary of states office to see if those could be used in the following year's election. The danger in that he was told, is that all 2,700 signatures could be challenged if one or two people who signed the petition moved away or died before the fall 1998 election.

Poyant, who collected about 1,000 signatures himself, said the prospect of starting over from scratch for the 1998 election is daunting.

"I need a rest right now,' he said. "But I still feel very strongly that the course of action I took and others assisted me in was the right one, that we still need a charter review and I am committed to that happening one way or another."

Cape Cod Times, November 19, 1997

Hopes revive for charter study

By PAUL GAUVIN, STAFF WRITER

HYANNIS - Barnstable voters may get another chance to decide whether to study the town charter through an elected charter commission.

Lucien Poyant, a retired school teacher who led the unsuccessful effort this year to put the study question on the Nov. 4 election ballot, said the state is allowing him to use the 3,000 signatures already collected as a base toward the remaining 1,300 needed to get the question on a future ballot.

There is a state election Nov. 3, 1998, and a scheduled town election in 1999.

Poyant said he checked with the state secretary's office and was told the signatures already collected in this year's drive would remain valid pending rectification by Town Clerk Linda Hutchenrider's office.

"That means we have to collect only 1,500 or so signatures" Poyant said. "We will be reorganizing our group soon and looking for help"

Poyant said he hoped the question could be put on the state ballot next year.

"It's not easy to get on the state ballot," Hutchenrider said yesterday, "It would take, besides enough signatures, a request of the town council to the state Legislature to get on a state ballot.

"I was told by the state secretary's office that is not likely to happen unless there's a pressing reason. Mr. Poyant's best bet is the local election in 1999," she said.

The petition is only to get the question on the ballot, not make changes to the charter, Poyant said. "When it gets on the ballot, we would also need a minimum of nine candidates for the charter commission in the event the measure is passed by the voters," he said'

Then the commission would meet, study, have hearings, and make recommendations for possible changes to the charter to improve the government Process. Voters Would again vote the recommendations, up or down, he said.

One change he said he would recommend is the required 15 percent signatures of the voting population for a charter study. "I think 1,000 would be sufficient," he said.

Poyant said he will set up an organizational meeting soon. Those interested in the issue can call him at 775-2371.

Contact:	Mr. Lucien Poyant
Phone:	(508) 775-2371
Email:	charter@ohain.com

Barnstable Charter Review Petition

Phone: (508) 775-2371
Email: charter@ohain.com

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