OPINIONS: Embden selectmen refuse to schedule special town meeting on citizens’ petition

by Sandi Howard

At the Embden Select Board on September 4, 2019, town residents submitted a Citizen’s petition for a town vote on the CMP corridor and a vote to enact an electrical transmission moratorium ordinance.

The selectboard refused to schedule a special town meeting for this vote despite residents following all of the legal requirements to submit this petition. Embden resident and lead petition gatherer questioned the board about this decision. Selectboard Chairman Chuck Taylor responded that their decision was based on advice of the town’s attorney, Ken Lexier.

The board’s decision seems inconsistent with an email communication sent by Chuck Taylor, selectboard chairman to Sandra Howard on August 1, 2019, which reads as follows:

“Dear Mrs. Howard,
We’re good. There will be no permitting in Embden. Thanks for your concern.
-Chuck”

“We are disappointed with the Emdben selectboard’s decision to refuse town residents the opportunity to have a voice on the CMP corridor. Like in the town of Jay, Embden’s town leaders are not representing the will of their constituents,” said Sandra Howard, Director of Say NO to NECEC.

It is very important to understand that the municipal officers may not refuse a petition merely because, from their political or personal perspective on what is appropriate for the municipality, they believe the petition is unreasonable. A select board’s denial of a citizen’s petition must be objectively reasonable as a matter of law, not merely subjectively reasonable in the view of the municipal officers.

Because Embden’s Select Board is refusing to allow residents to vote on the CMP corridor, town residents are now circulating a new petition addressed to a state notary, who has authority to call a special town meeting for a vote on the CMP corridor. In addition, the petition will ask town residents to vote to enact an electrical transmission moratorium ordinance.

An electrical transmission moratorium ordinance would serve as a pause in any electricity transmission corridor development in a town for 180 days. To date, CMP has not received approval for most of state and federal corridor permits it needs. CMP is starting to ask towns for provisional permits, which would take full effect only after the state and Federal permits are secured. It is important to note that the U.S. EPA has raised serious concerns about CMP’s permit applications. CMP is under multiple investigations by state energy regulators right now, so allowing any municipal permitting to go ahead puts the town at risk.

Sandi Howard is Director, Say NO to NECEC. She can be reached at 603-475-4566.