McLaughlin’s allegation that this town council is not representing the will of the voters is a tall tale divorced from reality.

There were 18 candidates who ran for the Town Council in November 2018 and the “will of the people” elected as the majority Tiverton Taxpayers Association (TTA)-endorsed candidates: Donna Cook, Robert Coulter, Nancy Driggs, and Justin Katz. (Donna Cook, Justin Katz, and Nancy Driggs – in that order – being the highest vote getters.) Yet the lowest vote getter, William McLaughlin, joined by town council minority members, former president Denise DeMedeiros and Patricia Hilton, now claim to represent the will of the people in their down-is up and up-is-down topsy-turvy world.

But, if the majority who voted for this town council feel it was misled and its will is not being represented, where are its voices, where is its outrage? If the actions of this town council are so egregious, then why was third lowest vote-getter David Paull’s ethics complaint against Coulter, Driggs and Katz dismissed? And why were the DeMedeiros and Hilton Open Meetings Act charges dismissed? How come McLaughlin’s (the lowest vote getter) and two council minority members’ strident voices are all we hear?

Speculation about why this recall scheme was begun and has the support of DeMedeiros and Hilton includes McLaughlin wanting to change the town council majority to ensure settlement of his $4 million lawsuit against the town, and DeMedeiros and Hilton itching to be in control of the town council again.

What is not speculation is this town council’s accomplishments to date and its future plans: Contrary to McLaughlin’s allegations, it has expanded civil debate by allowing public comment on agenda items, and access to the agenda itself; Katz and Cook, the town council liaisons in the firefighters’ union contract negotiation, successively, and creatively, negotiated a contract and forestalled the anticipated need for arbitration which saved the town between $50,000 and up to $100,000 in legal fees; It scrapped a solar ordinance poorly conceived by the prior DeMedeiros town council and tasked the Planning Board for its input on future solar energy projects. (Unfortunately, for legal reasons some solar projects which had been approved when the solar ordinance was in effect can proceed); And, among other items, it is working on a long-term financial plan, ordinances such as an employee code of conduct to govern the right to receive certain benefits upon termination, and increasing openness and transparency in its actions (which too often in the past were shielded from public scrutiny in executive sessions).

You can defeat McLaughlin’s political stunt fostered and supported by sore losers, by not voting in the election. Because the recall charter provision requires a certain number of people to vote in the election, by not voting and keeping that number low you are helping to reject the recall petition power grab of McLaughlin and his cohorts which is so clearly against the will of the people.

Just when you think you could not be more disgusted with politics, a total farce like the Tiverton Town Council recall rears its ugly head. What I’ve had difficulty understanding is how seeming adversaries can collaborate in perpetrating a historic sham on the voters of Tiverton — until now.

The following is a chronology of events based on the Summary Opinion of the RI Supreme Court (SC) decision, filed June 30, 2018:

• 2008: William C. McLaughlin builds garage in violation of zoning setback requirements.
• 2013: Superior Court affirms Zoning Board of Review’s decision to deny McLaughlin’s request for relief from setback requirements.
• 2013: McLaughlin’s procedurally improper appeal to Superior Court is dismissed.
• 2014: Zoning board’s “Motion for Order to Comply,” is granted.
• April 7, 2014: Superior Court orders McLaughlin to move or remove garage.
• 2014: McLaughlin motion, filed April 8, to vacate/reconsider, is denied.
• 2016: McLaughlin adjudged to be in contempt and ordered to pay $69,300 in fines.
• March 2016: The Town of Tiverton removes McLaughlin’s garage.
• May 2016: McLaughlin’s motion to vacate the April 7, 2014, order is denied.
• 2016: McLaughlin’s appeal to Supreme Court is denied.
• 2016: Based on procedural error by Town Council, Supreme Court reverses Superior Court’s denial of McLaughlin’s 2016 motion to vacate, giving McLaughlin grounds to sue Tiverton.

Please note the following fact established above. Mr. McLaughlin’s final appeal succeeded on the basis of a procedural error committed by the Town Council which, at the time, was headed by Ms. Denise deMedeiros, who, brazenly, is McLaughlin’s key partner in advancing the recall.

The following two additional excerpts from the above Supreme Court decision lend more insight into how Tiverton has come to be exposed to a potentially lucrative settlement in favor of Mr. McLaughlin, the initiator of the recall. From the majority opinion:

Had the Town of Tiverton filed an action in the Superior Court alleging that McLaughlin’s garage was out of compliance with the Tiverton Zoning Ordinance’s setback requirements, it may well have prevailed given the evidence in the record before us…(T)he town’s failure to comply with § 45-24-62 in obtaining permanent injunctive relief on April 7, 2014, is fatal.

From the dissenting opinion:

The majority…has…vacated the original order of April 7, 2014, and…thereby cast a shadow over the propriety of the town’s action in removing the garage. This not only may frustrate the town’s ability to seek reimbursement for the costs of the removal, but it exposes the town to potential liability for the removal itself.

When a Supreme Court judge states that a shadow has been cast over the propriety of the Town Council, you don’t ignore it. By failing to follow proper court procedure and by tearing down McLaughlin’s garage prematurely, the Town Council, headed by Ms. deMedeiros, ensured the success of his appeal and the likelihood of a sizable settlement. So, perhaps the bedfellows are not so strange after all.

Something inside tells me that I cannot dignify such a shameless power grab as this recall is with something so time-honored and sacred as a vote — up or down. It’s been said, “he who sings, prays twice.” Well, here is your opportunity to vote twice by staying home, no less. First, you’re voting against the recall. And second, you’re voting against the people who perpetrated this shameful misuse of a recall process that was never intended to be used to remove political opposition. Don’t allow this precedent to be set. Stay home.

During the last Tiverton campaign season, I talked to many people in town. I discovered that some are either not registered to vote or, if they are, simply have dropped out of the process and don’t vote. The answer is always similar: “I don’t believe my vote counts” and “it isn’t worth the trouble.” Both sides of the equation complain of this when election results show only a small percentage of registered voters bothered to vote.

However, this recall is different.

Recently a small group of disgruntled low-vote council candidates decided they want to redo your election via a recall? The reasons given on the recall petition are vague and set a dangerous precedent if the recall is justified.

I ask you, how is this McLaughlin recall stunt going to ensure you, the voters, that your vote counted in November 2018?

This recall stunt doesn’t work; it will only make voter participation matters worse. This recall supports the argument that your vote doesn’t count because it can easily be overturned. Even worse, it reflects discouragement in the system and encourages lower voter participation in future elections.

Really!! Why bother if your “will” is nullified on sketchy reasons by a recall? There is no reason for the McLaughlin recall except sour grapes and an aversion to what’s rightly done by respecting the outcome of an election. Furthermore, is it knowing and willful failure to follow the “will of the people” when Councilors vote contrary to a few dozen people who, at Town Hall meetings, expect favorable decisions to be made based on who is loudest on an issue? Why have a Town Council? Why bother having elections? Just have a show of hands at town meetings (and maybe fisticuffs), to determine town business, appointments, contracts, etc.

And two Councilors, Hilton and deMedeiros, both signed the McLaughlin recall petition. Councilor deMedeiros actually obtained signatures and had them notarized in her name. McLaughlin has a pending $4 million lawsuit against the town.

The “Will of the People” was decided on November 2018. This recall is a slap in the face to all who voted for Justin Katz and Robert Coulter. The voters “will” is in jeopardy of being overturned because a few dozen people are having a temper tantrum, not accepting the results of your election. So now they try to void the election results via a recall.

You shouldn’t have to vote every year, so don’t. Because of the way our recall process works, if not enough people participate, it doesn’t count.

That’s the best bet, this time around. Don’t vote.