<HEAD><TITLE>My proposal to repeal the Town Crier section of the Code</TITLE>
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<DIV>I think Gerry has the right idea. Since the Town funds the Crier they should have oversight by default. By repealing Chapter 3, they will be able to direct the editor (who works for them, after all they pay him don't they) to put whatever they want into the Crier. Since the Mayor and the folks on the council work for us, we let them know what we want in the Crier and everybody is happy.</DIV>
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<DIV>Bruce<BR><BR><BR><BR>-----Original Message----- <BR>From: Gerard Kiernan <GERARDKIERNAN@EARTHLINK.NET><BR>Sent: Dec 1, 2005 7:05 PM <BR>To: TownTalk@riverdale-park.org <BR>Cc: Kenneth Webb <WEBBWARD6@HOTMAIL.COM>, msnovella19@aol.com, lawrencetaylor@mris.com, msmarydon@yahoo.com <BR>Subject: [RP TownTalk] My proposal to repeal the Town Crier section of the Code <BR><BR><ZZZHTML><ZZZHEAD></ZZZHEAD><ZZZBODY><FONT face=Helvetica>Dear Town Talkers, <BR><BR>I would like to shed some light on the issue of repealing the newsletter ordinance from the town code. Below you will find the resolution I intend to propose at an upcoming meeting of the town council. Let me explain the background of it and why I am proposing this course of action. <BR><BR>First, did you know that Riverdale Park is the only municipal government in Maryland to have a law defining the operation of its town newsletter? The staff at the Maryland Municipal League was amazed to hear that we had such a law, when I called to ask if anyone else had one. Many officials of other towns when asked about this topic showed a similar bewilderment. Also, the Town Crier was published for many decades without this law, which was only passed in 2001.<BR><BR>Clearly, I would not be seeking the repeal of this law had it worked out well in practice. The very reason for the existence of the Crier is to allow the town government to effectively communicate with residents. You elect a mayor and council to work on your behalf and part of doing that effectively is communicating town policies and actions to the community. Can you depend on that occurring if the mayor and council CANNOT exercise authority over the Crier? Chapter 3 forbids any elected official to "direct" the editor or publisher (the town administrator functions as the publisher) about ANYTHING regarding the Crier. <BR><BR>Some of the ways the former editor has used Chapter 3 to ignore stated town policy over the last six months include:<BR></FONT><FONT face=Symbol>…</FONT> <FONT face=Helvetica>Refusing to stay within budget (and apparently feeling no need to come to the council to request additional funding).<BR></FONT><FONT face=Symbol>…</FONT> <FONT face=Helvetica>Refusing to include any information in Spanish‹while simultaneously expanding the size of the Crier.<BR></FONT><FONT face=Symbol>…</FONT> <FONT face=Helvetica>Refusing to include advertising for the Riverdale Farmeršs Market, which is funded by an entirely separate account from that which funds the Crier. <BR> <BR><BR>Because of the wording of the Chapter, the Mayor is prohibited from including the Crier in his annual performance review of the Town Administrator. The publisher does not seem to be giving appropriate oversight, but the Mayor can't do anything about it.<BR><BR>When this issue was first raised several months ago, Mary Donaldson introduced a measure to just repeal the sentence denying the mayor and council oversight. It failed by one vote, but the two votes against change had first asked to table the motion for further study. The Mayor mistakenly ruled that the matter could not be tabled after a vote was underway, so the measure failed (one person abstained thereby denying the 4 votes needed for passage). I therefore felt that the three votes for against immediate action actually wanted more time to study the issue and gather information. <BR><BR>Here is the current version of the resolution that I plan to introduce. Since a resolution must be published in a newspaper of general circulation before it is voted on, and because there is no regular Town Crier in January, and because a resolution must be voted on within 60 days of its introduction, I may hold it to January to introduce and vote on it in February. <BR><BR>Ordinance Resolution 2005-OR-xx<BR><BR>Repeal of Chapter 3 of the Code of the Town of Riverdale Park<BR><BR>Whereas, the Town of Riverdale Park is the only municipality in the State of Maryland to have Code section defining the operation of its newsletter, and <BR><BR>Whereas, Chapter 3 of the Code of the Town of Riverdale Park limits the powers of the Town Council to provide Community Services as enumerated in § 302 of the Charter of Riverdale Park, and <BR><BR>Whereas, Chapter 3 of the Code of Riverdale Park limits the powers of the Mayor as chief executive and administrative officer as defined in § 404 of the Charter of Riverdale Park,<BR><BR>Therefore, be it resolved that Chapter 3 of the Code of Riverdale Park, "Town Crier or Newsletter", be repealed in its entirety.<BR><BR><BR><BR><BR><BR><BR></DIV></DIV></FONT></ZZZBODY></ZZZHTML></BODY><PRE>
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