Some information contained within a recent (Harwich editor) Cape Cod Chronicle story titled, "Proposition 2½ Underride Article Deemed 'Legally Defective” requires urgent clarification.
Regarding a parallel matter, said article mentioned "Voters will also not get to weigh in on a ballot question relating to withdrawal from the Cape Cod Commission." This reference relates to Town Meeting Warrant Article #48.
Selectmen received a legal opinion letter dated March 17, 2014 from the town attorney, regarding Warrant Article #48, which relates to placement of a local ballot question concerned with municipal withdrawal from the Cape Cod Commission.
Though the legal opinion states that a ballot question cannot presently be put before voters because of technical deficiencies in Warrant Article #48, it also clearly states that the matter must appear on the Annual Town Meeting Warrant.
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Furthermore, it also needs to be strenuously pointed out that the legal opinion states that at the time Town Meeting takes place, a motion under the petitioned article to adopt it in its published form would essentially render it as "a non-binding advisory vote" by town meeting participants regarding the issue of whether or not Harwich town voters ought to have a future opportunity to vote in a local ballot question referendum on Cape Cod Commission withdrawal.
By doing this (similar to making a formal resolution), Town Meeting can still make their collective democratic voice heard on this significant issue simply by treating Warrant Article #48 as "a non-binding advisory vote." They are strongly urged to do exactly that.
