Having been elected four times in Tiverton over the last decade, I’m now in the odd position of writing as a target in an odd recall process where just 405 voters can vote me out despite over 2,000 voters voting me in just last year. In all this, Mr. McLaughlin’s motivation with his $4M lawsuit is obvious, but as your Town Council president I am more troubled by the false information being spread about the good work being done by your Town Council.

Only halfway through the two-year term, this council has made remarkable progress on multiple fronts. New firefighter and police contracts signed. Decisions made on closing the landfill. Progress on a true long-term financial plan, a new playground, and remediating Bay Street. Personnel issues, such as the last fire chief, and replacing the last solicitor who resigned, have been resolved favorably. Grinnell’s beach re-opened and a new fire rescue was purchased. Taxes have stayed at less than inflation for a decade, and even went down the last two years. And we are releasing all executive session meeting records to further open government. There are many more examples. Of course, no one person or one council deserves all the credit for any one thing, and there is plenty of other work in process, but the real story is that things are going well – quite well, actually – in Tiverton.

Justin Katz and I put in many extra hours on administrative duties to help run the council and work with the Town Administrator and other officials, but we get just one vote like the other councilors. To those who single out Justin’s or my voting record, did you know that the entire council votes unanimously or 6-1 over 95% of the time? Not counting procedural votes, it’s still over 90%. We disagree from time to time, as we should, but after a lot of research, input from others, and good discussion the council votes together 9 times out of 10. And we’ve held over 30 meetings and workshops in just a year.

At the end of the day, Tiverton is a small town and Justin and I are just two of your neighbors. Like most everyone volunteering in local government, we juggle work, raising a family, and life’s other demands while doing the best we can for our town. You can always call me at 401-525-0469 and Justin at 401-835-7156.

In closing, two things. First, no matter how you voted last year, please consider making the choice to not participate in this recall process. Voting “yes” or “no” either way would normalize and weaponize a consuming, expensive recall process for political purposes, which is not what recalls were meant for, and guarantee deep division in the town for years to come. Second, please see through the clutter and know your hardworking council has accomplished quite a bit, even just halfway through the term, and things are going well in Tiverton.

Tiverton is a beautiful town with wonderful residents. People here get to know their neighbors and lend a hand when help is needed. I’ve only lived here for 5 years, but have seen people stop to help stranded motorists more than once. I have also come to realize that Tiverton has a reputation for drama. Most recently, a recall, started by William McLaughlin (Billy Mac), of town councilors Justin Katz and Robert Coulter.

When I think of a recall, I think corruption and scandals. When our representatives cheat, they should be recalled. This is democracy and the people have a voice.

In this case though, no laws were broken, no codes of ethics violated, no corruption afoot. In Tiverton, when one group loses an election, they start a recall campaign. Why recall these two councilors you wonder? You’ll have to ask Billy Mac about that.

I asked him, before forming my opinion, early on in this round of Tiverton town drama. McLaughlin has his list of complaints, but no evidence of wrong doing. Generally, he just doesn’t like them. Bill Mac told me directly that the evidence against these two exists, but he didn’t want to be accused of “steering people’s opinions” by showing it!

Any time I don’t understand something, like why a person would go through so much trouble to gather signatures and recall two elected officials (who beat him in the last election), I follow the money. Wouldn’t you know, William McLaughlin actually has a $4 million lawsuit against our town. Coulter and Katz have both been fighting this lawsuit, but Billy wants his payout.

If you don’t live in Tiverton, please don’t let this drama influence your judgment of our town. I know we get a bad rap, but Tiverton is actually a very nice place to live and raise a family. The drama is caused by a small group of townies who want the good ol’ boys back in power.

The only story here is a political stunt and an abuse of the Tiverton voters in the last election. McLaughlin couldn’t win the general election, but he’ll try to win with a much smaller majority in an off cycle election. To win, he needs just over 400 votes against the council president, as long as at least 800 total votes are cast. Compare this to the over 2000 votes Counter received in the general election, and I think we all can see what’s going on here.

Remember though: You only legitimize this stunt by participating. Tell William McLaughlin you stand behind your original vote and reject this recall. If the minimum 800 votes are not cast, this charade is over. 

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.

Recall elections are for recalling sham artists, people who somehow hoodwinked voters into thinking they were great citizens and would steer their town into great prosperity. However, the Tiverton recall election is exactly the opposite. Four million dollars is driving the Tiverton recall election.

A gentleman named Bill McLaughlin (who started the recall election) has a lawsuit against the Town of Tiverton. He and the town went through both state and federal courts over zoning ordinance infractions he committed and refused to correct. That ended with the town tearing down his partially constructed garage. Because of that McLaughlin is suing the town for $4 million.

A federal court subsequently ordered the Tiverton Town Council to enter mandatory mediation with McLaughlin but no agreement was reached. Could it be that McLaughlin seeks to recreate a town council (through the recall process) that will reach a mediation agreement that is more to his liking? Could it be McLaughlin is trying to take your election away from you for his own benefit? I think the answer to both questions is yes.

It is not complicated: It’s the money. I call it the McLaughlin Recall.

In order for a recall election to count, a minimum number of votes must be cast (like a quorum). In this case 808 voters must participate for a valid election. If you do not vote in the McLaughlin Recall your non-vote turns into a no vote. Your non vote would be a vote for: 1) not removing your duly elected councilors, 2) against abusing the recall process, and 3) against McLaughlin’s scheme to maximize his lawsuit payout at the expense of the “will of the people” as expressed in your November 2018 Election.

Here are ten good reasons to make the choice to not vote in William McLaughlin’s sham recall election:

1. The recall election is a terrible new political low and will discourage participation. If it succeeds it will also be a new political weapon that could become a regular occurrence. Don’t encourage that.

2. Recalls should be reserved for major, proven misdeeds like actual crimes, but this recall is based on manufactured scandals and lies. This isn’t Fall River.

3. The recall is just part of a pattern of attempts to disrupt the Town Council. Complaints filed with the Ethics Commission, the Attorney General’s office, and the municipal court have all been dismissed, and the recall is an attempt to see if enough voters can be whipped up with false accusations. Don’t fall for it.

4. This council has been the most productive, open, and professional that Tiverton has seen in years.

5. Council members are only in office for two years in Tiverton, and by the time of the recall election, there will only be one year left. Candidate declarations for the next election will kick off campaigns only about six months later. A special election now is a confusing waste of time and money.

6. The council is negotiating contracts, developing ordinances, working on a long-term financial plan to help get the town’s decision-making on track, and more, and voters should let the council finish that ongoing work and judge them on the results at next year’s regular election.

7. If this is really about the decisions of the council majority, why was the petition only filed against two out of those four members? Because it is entirely a political power grab, intended only to flip the majority for Mr. McLaughlin and his political allies.

8. It took Mr. McLaughlin four months to collect enough signatures, after three months of preparation, and he just barely made it. For any other election, candidates and petitioners have a limited time to collect signatures, but with our open-ended process, a handful of signature collectors can take however long they need to undo an election. Don’t be a part of it.

9. This recall could cost the town over $15 thousand. Taxpayers should not have to pay for this.

10. Mr. McLaughlin wants a $4 million settlement from taxpayers for a lawsuit against the town and is working hard to change the leadership of the Town Council — even going so far as to say whom he wants as the replacement president and vice president. Don’t let him get away with this.

For the recall to count and Mr. McLaughlin to pull this off, he needs a minimum of 800 people to vote either way. Whatever you think of the current council, the best choice for Tiverton is to stay home, and see if Mr. McLaughlin can get over 800 people to show up and support him in this sham.

This letter is to correct misinformation regarding hijacking and destruction of the Tiverton Republican Town Committee (TRTC), mostly stated by William McLaughlin and endorsed by a vocal group that is on a quest to recall two TRTC endorsed and duly elected members of the Town Council.

In May of 2016, we were asked by TRTC Chair DeEtta Moran, to become involved and help revitalize the committee that was in desperate need of new and active members as well as funds. At that time, there were 9 members, 5 of whom were active. We took on the challenge as newly elected Chair and Secretary.

As a committee, we reviewed and made changes to very old by-laws, adopted a beautiful logo and Mission Statement, recruited new members, helped organized a multi-town, very successful fundraiser, distributed newsletters to the community that generated additional members and generous donations. And our most important mission…to recruit and support conservative candidates (registered Republicans or Unaffiliated candidates) for the 2017 Charter Review Commission (9 endorsed, 9 elected), 2018 candidates for Town Council (7 endorsed, 4 elected) and Budget Committee (6 endorsed, 5 elected), a very successful accomplishment thanks to the voters of Tiverton.

So, no Mr. McLaughlin, you are totally wrong, you are spreading false information about something that you have no knowledge, as you have never been involved with the TRTC. The Tiverton Taxpayers Association (TTA) did not “hijack” nor did they destroy the TRTC, members of the TTA became new members of the better and stronger Tiverton RepublicanTown Committee.

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.

It’s hard to believe that people would just lie.  And when people spread lies about you, it can be like a trap.  You can’t prove that a conversation never happened, and you definitely can’t prove that you’re not going to do something you haven’t done, yet.

That’s the position that the TTA majority of the Town Council is in right now.  People who want to get themselves or their friends back in control of the town are saying we have some plan to force through a major development on Souza Rd.  We don’t.

In fact, the Carpionato development would require a change in zoning, and I for one and Council President Robert Coulter for two have no intention of voting to do that.  The last proposal from the company caused months of stress in the community, and with no planner, new zoning and building officials, and multiple vacancies on our planning board, the town isn’t in a position to revisit that decision for a project that’s very similar.

Why would people be saying we’re somehow trying to push the development through?  That’s an easier question to answer.  One of them, William McLaughlin, is the man who pulled petitions to recall Rob and me.  He’s got no real justification for that campaign, so he’s trying to invent one.

Whoever has control of the “Don’t Mall Tiverton” group is obviously doing the same thing by constantly linking the development with the recall.  Not one person from the organization asked us our position on “the mall” before they started telling people they had to recall us to stop it.  Even after we made clear that neither of us supports the development, they continued with the lie.  If they were really about stopping “the mall,” they wouldn’t be trying to get rid of two council members who plan to do exactly what they want.

Here are the facts: Developers have a right to propose plans to the town.  This Town Council has an open-agenda policy that allows anybody to request time to make a presentation.  (That’s another thing that McLaughlin is spreading falsehoods about.)  Carpionato requested some time, and we have no justification for treating them differently than anybody else.

To my knowledge, nobody on the council had seen the development plans until we received our backup materials to prepare for our last meeting.  The presentation couldn’t go forward because too many people attended, so it is rescheduled for Wednesday, September 4, in the high school auditorium at 7:00 p.m.

At that meeting, the developer will present the plan, and then people will be able to offer their opinions on it.  My opinion, and Rob’s, is that the town should not change its zoning regulations in that part of town.  Anybody who says differently is saying something that isn’t true.

William McLaughlin first collected his recall petition papers on January 15, less than two months after we took office.  By the time a recall election actually happens, we’ll be halfway through our two-year term, with just a year left to go before the next election.

Meanwhile, McLaughlin’s efforts have been accompanied by a long series of baseless complaints to the state government, all of have which have been dismissed.  The recall and these complaints have been led by candidates who lost the last election (including McLaughlin) and members of the council who expect to return to power if we are no longer in office.

The people of Tiverton voted for Town Council in November 2018 and will vote again in November 2020.  You shouldn’t have to vote for council every year.  Imagine how disruptive that would be.  Anybody whose ideas for the town are a little bit different from the way things have always been done will have to think twice about whether it’s worth it.

In our time in office, we’ve worked to put out the many fires that we inherited, and over the coming months, we’ll continue our work to fix the long-term problems that Tiverton faces.  We welcome calls and emails from anybody with an interest in our plans going forward, questions about the rumors that are being spread, or concerns about our decisions so far.  Rob can be reached at (401) 339-3494 or rcoulter@outlook.com; Justin can be reached at (401) 835-7156 or justin@justinkatz.com. We ask the people of Tiverton to stay the course and “reject the recall” by making the deliberate decision not to participate in this harmful political stunt that is based on falsehoods and rumors.  If we haven’t convinced you that we deserve to remain in office by 2020, choose other candidates.  But for now, if you send the message that you won’t be forced to vote every year, maybe people who want to go down that path will see that it isn’t worth the effort.