'Held over:' With election in limbo, incumbents remain in office; town manager search moving ahead
/By Carol Britton Meyer
Until issues surrounding the May 15 town election are resolved and the results certified, current town officials will remain in office to ensure the continuity of town government, according to a Town Clerk Lori West.
The select board will meet on Wednesday, May 24, at 7:30 p.m. at town hall to hear a report on finalist candidates from the town manager search committee, among other business items. Town Manager Philip Lemnios is retiring at the end of June.
Following a Brockton Superior Court judge’s denial last week of the town’s request to count about 80 votes that were cast after the traditional closure of the polls at 8 p.m., both the certification of the election results and seating of new officials remains on hold.
The polls remained open until 10 p.m. on the night of the election due to a fire on Q Street that left some residents unable to reach the high school, and some were apparently told by public safety officials that they would not be able to vote.
In a statement issued May 20, West said that an elected officer of the town serves until his or her successor is elected and sworn in, or “qualified.”
While the judge’s decision called into question the validity of the election “due to the unfortunate disruption of the voting,” West pointed out that “although raising questions about whether voters may have been excluded, [the judge] did not declare the election invalid or mandate a new election.”
Because the annual town election results are not yet final, candidates appearing on the ballot have not yet been elected, and cannot be sworn into office. “The elected incumbents of those offices, regardless of whether they ran for re-election, remain in office as hold over officials with all the same powers and duties they exercised prior to the date of the election.” This means that on the select board, Domenico Sestito, who did not seek another term, and Donna Pursel, who placed fourth in the May 15 balloting, remain on the board. By extension, other officials, such as school committee member Stephanie Peters, who did not run for re-election, also is still a member, as is Hull Redevelopment Authority member Max Walder.
West said she continues to work with town officials and legal counsel “to develop a plan to finalize this election,” which will include filing another motion with the Superior Court to ask for additional guidance and clarification on possible resolutions.
“I will post the town’s papers on the [Town of Hull] website immediately after filing and will directly provide all candidates with a courtesy copy,” West said.
This is a “highly unusual situation with few historic examples to follow,” she said in the statement. “I will continue to try to balance the interests of the candidates and the voters of the town who did and did not cast ballots, to ensure a fair, equitable, and transparent 2023 election process in the Town of Hull.”
The number of voters who cast ballots during the May 15 town election -- approximately 2,400 -- made for one of the largest turnouts in the past several years, West noted.