Court Hearing On Charter Recount Postponed

The hearing on the article 78 brought by Gordon Boyd on behalf of the supporters of charter change which was to occur tomorrow (December 20) has been postponed.  In an article that will appear in tomorrow’s (December 20) Gazette Newspaper, Ann Friedman reported on an email she had received from Mr. Boyd.  Boyd wrote: “The court has asked both sides to submit memoranda of law by January 8, after which the court will ‘consider when scheduling  oral argument.’”

Boyd wrote, “it will be two months after the charter was voted on to have the next milestone with the court.”  According to the Gazette Boyd complained “…the cancellation of the hearing is further hindering the transition of city government officials.”

I am not sure what Mr. Boyd is referring to.  If passed in November, the proposed charter called for the mayor to appoint a transition team to work on a plan for the conversion of the city government from the “commission” form to the “city manager” form.   As there will be a new mayor in January it is not clear what all this means.

It is also unclear when the court will actually hear the arguments.  The two month delay Mr. Boyd referenced may be optimistic.  Only after the court has reviewed the memoranda of both sides will a hearing be scheduled.  The court had previously rejected Mr. Boyd’s requests for access to the records of the election so I assume his attorney will base his arguments on whatever information they have been able to glean elsewhere.

As the new form of government would not begin until January of 2020 there is still considerable time to address the issues of transition should Mr. Boyd prevail in his action and the recount allow his group to prevail.


2 thoughts on “Court Hearing On Charter Recount Postponed”

  1. Well….
    – The Gazette’s Headline says “… Hearing Cancelled” – yours says “Postponed” – it is nuance, but the fact that the Court has not re-scheduled the hearing, instead will consider it on Jan. 8 – maybe – indicates that a correction on your part may be in order….

    – Now to My favorite part: “I hope this won’t drag too far into next year,” Boyd said.

    Since it is the gift-giving season – I say let’s make that happen:

    Simply give up your fool’s errand, Quixotes!

    Recognize that, at this late date, even if (blue sky) you pry loose 11 votes – you have zero mandate to govern. Zero mandate to make your wholesale flushing of a governmental structure happen.

    49.9% versus 51.1% – half the electorate has recognized that your scheme had too many unknown consequences. Many of these changed their minds during the ‘campaign’ you and your gang ineptly portrayed… Charter Change lost its best chance for happening because of your strategy and tactics, which were pathetic.

    You blew it, and I hope one day soon you find the ability to learn to live with it.

    As the quote says: “”I hope this won’t drag too far into next year.”

    We all share that hope…

    So, for the sake of all the electorate, I request that you start to make it happen today. Give up your hopeless windmill tilting already and accept that you blew the best chance for meaningful charter reform to date.


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