Hopkinton
Mistakes discovered in Chariho Act update
01:00 AM EST on Friday, November 30, 2007
RICHMOND — Coming soon: Updated Chariho Act.
A day after it was posted, a revised Chariho Act was pulled off the Web after a Charlestown resident noticed serious discrepancies with the original document, including struck-out language and sections that were altogether missing.
Upon watching the broadcast of Tuesday’s School Committee meeting on public-access TV and downloading a copy of the document, Deborah Carney send an e-mail to Supt. Barry J. Ricci and the School Committee.
“After a quick review of the ‘New Act’ versus the Chariho Act of 1986, there are a few HUGE problems,” wrote Carney, a former Town Council member.
Though the posted document was said to be a clean version of the act with all the voter-approved amendments, Carney said the document presented to the public for review amounted to a “REWRITE of the Chariho Act.”
Carney pointed out the proposed version included some strike-outs that had never been approved by voters — any change to the act must be approved by voters — and had eliminated several sections, including the one that deals with the withdrawal process.
Yesterday morning, Ricci e-mailed a reply.
Given the “obvious omissions” in the draft document, the district was immediately pulling it off its Web site and sending it back to the acting town solicitor — Andrew Henneous, of Providence’s Brennan, Recupero, Cascione, Scungio & McAllister law firm — Carney said the e-mailed stated. Henneous took on the job earlier this year following the departure of the district’s former solicitor, John Earle, who began the revision work.
Henneous could not be reached for comment yesterday after business hours.
“I’m sure it was an oversight on [the attorneys’] part,” School Committee Chairman William Day said yesterday.
“This is why I had asked, and [fellow board member Holly Eaves] too, wanted to have some kind of comparison,” Day said, referring to his request Tuesday night, along with Eaves, to have the original act as a reference point along with dates on which voters approved an amendment next to each change.
“We don’t want people to think that we are trying to rewrite the Chariho Act,” Day said, adding, “all they were asked to do was to identify every amendment that was ever passed by the legislature and just plug them into the act.”
The act will be reposted on the district’s Web site ( www.chariho.k12.ri.us) as soon as the necessary corrections are completed, he said.
“Hopefully, we’ll be able to have the meeting [to address public comments about the act] on the 22nd [of January], but I’m not sure how long it’s going to take them to come back with the complete version,” Day said.
The district had originally set a public comment period on the updated act through Jan. 15.
Acting school solicitor Stephen E. Cicilline, who works with Henneous at the Providence law firm, was then to respond to public comments at the School Committee’s Jan. 22 meeting.
(Comments should be sent to Supt. Barry J. Ricci at barry.ricci@chariho.k12.ri.us or Office of the Superintendent, 455A Switch Rd., Wood River Junction, R.I. 02894.)
“What struck me originally,” Carney said yesterday, “is that, if they were just incorporating the changes, that wouldn’t require a vote.”
Comparing the proposed document with the 1986 version, Carney said she first noticed the deletion of a clause that provided job protection for employees if any member town decides to withdraw.
The missing language: “In the further event of a determination by any member town to withdraw from said regional school district, such employees whose services are no longer required by the regional school district shall become employees of the member town withdrawing from the regional school district with full credit for prior service in both a member town and/or regional school district provided that these positions are required by the withdrawing town.”
Reading further, Carney said, she then noticed that sections 16 through 19 had been eliminated.
Section 17 pertains to the admission of other towns into the regional district and section 18 deals with withdrawal and the creation of an entrance, expansion, and exit committee.
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