Last week, the Programs and Services Committee discussed and voted to approve a second ballot question – one that would limit the number of recreational pot shops in Newton. The Newton Police Chief and Fire Chief were both present at the meeting and discussed their concerns. Listen here: http://www.newtonma.gov/civicax/filebank/documents/90551/06-20-18%20P&S%20Marijuana.MP3
The Full Council will have an opportunity to discuss and vote on both ballot questions at their next Full Council meeting on July 9th.
The action previously taken by Programs and Services in referring a petition to the full City Council appears to violate this provision of the City Charter…
NEWTON CITY CHARTER
Sec. 10-3. Initiative: Repeat Matters.
Except as otherwise provided by law or this charter, a measure may be proposed to the city council or the school committee in accordance with this article, but no measure which is substantially the same as any other measure submitted or referred to the voters and disapproved by them within 2 years or which would have the effect of repealing any measure so submitted or referred and approved by the voters within 2 years may be proposed by initiative procedures.
@Mike Striar – Unfortunately, I think the phrase “Except as otherwise provided by law” means that the referendum is legal since the original marijuana bill did spell out an opt-out option-by-referendum.
I personally believe your assessment is incorrect, Jerry. But I’d like to hear some other opinions. And I will certainly solicit a legal opinion tomorrow.
I don’t dispute that the 2016 law does provide for municipalities to vote on the issue of retail sales. Petitioners could put a ban on the ballot in Newton by raising approximately 6000 signatures. Alternatively, the City Council by themselves could propose a ban be placed on the ballot. But there is absolutely nothing in the opt out provision of the 2016 State law that “provided” for Programs and Services to advance a ban through initiative petition in violation of the Charter. If in deed that proves to be the case, and the petition does violate the “Repeat Matters” provision, it should invalidate any action taken on the petition by the full Council.
Don’t waste your money on legal advice. The city attorney has been at every public hearing related to this issue and has confirmed that the proposed questions as currently written, and the process in which they are being pursued are legal by state and local law. Of course, the whole MA marijuana law is not legal by federal law, but that is another issue…
Thank you Councilor Sangiolo for the audio link to the meeting. It was great to hear Dr Blumenthal express the opinion of a large segment of Newton’s population that favor retail store controls instead of an outright ban.
Because of the way the petition was introduced, City Council has the leeway to give voters real choices in November. I’ll be greatly dismayed if the City Council lets Opt Out go to ballot but refuses to give those of us who favor of compromise the same opportunity.