Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

At the end of the title caption for Article 7 of the Barnstable

County Home Rule Charter, the...
At the end of the title caption for Article 7 of the Barnstable County Home Rule Charter, the term "Recall" is utilized. However, there does not appear to be any further explanation regarding the word after that. What specifically does it mean and/or refer to? Does it set forth the procedure for a "recall election mechanism" which entails a process similar to that of a Citizens Initiative Petition? On the other hand, does it actually refer to a recall of a proposed county ordinance, or an ordinance which has already been enacted by the Assembly of Delegates?

REFERENCE:

Barnstable County (Cape Cod), Massachusetts

Barnstable County Home Rule Charter
http://www.barnstablecounty.org/assembly-of-delegates/home-rule-charter
Show More
Show Less
Ask Your Own Legal Question
Answered in 21 minutes by:
12/1/2012
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

The language of the Articles refers only to the proposal ("initiative") or the repeal ("referrendum") of an "ordinance." There appears to be nothing in any of the charter language that suggests the process could be used to "recall" an elected official.

The fact that the Article 7 Title uses the term, "Recall," suggests that at the time of drafting there was some thought to having an express recall procedure, but nothing was ever enacted -- since there is no procedure specified in the Charter.

Also, it is well established in the common law that a Title does not have any legal effect, absent express language to the contrary. So, despite the presence of the term "recall" in the title, it is legally meaningless -- based on the actual language of the Charter.

Probably not what you wanted to read -- but, at least, now you know for sure.

Please let me know if I can further assist you.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Ask Your Own Legal Question
I see that you have rated my service as poor. I have carefully reviewed your question and my answer, and it appears to be on point and thoroughly dispositve to your question.

Please let me know what additional information that I can provide which will cause you to improve your rating of my services, so that I may receive compensation for my answer.

Thanks in advance for your understanding and cooperation.
Ask Your Own Legal Question
Customer reply replied 5 years ago
Relist: Answer quality.
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified
Hello,
I would be glad to try and help, but I want to meet your expectations, if possible.
(1) What is it about the prior answer that you found objectionable?
(2) Other than the accurate information already provided, what is your legal question?
Thanks!
Ask Your Own Legal Question
Customer reply replied 5 years ago

...are you an "expert" in Massachusetts governmental, county and/or municipal law? The previous answer was not adequate because the respondent was not expert in any of those areas and should not have responded since that was the case, based upon the profile information provided. Additionally, based upon this an answer, it would mean that our County Home Rule Charter has been a defective legal instrument for over 20 years and either nobody noticed it or did nothing about...either way would appear very highly unlikely.

Hi,
Thanks for writing back -- good to hear from you.
I have opted out (without charge).
Your question is open for the other Legal Experts to review.
I wish you the very best with your case.
Take care and have a good weekend,
Ben
Ask Your Own Legal Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
Verified

Hello there

-

I am a practicing attorney in Massachusetts for 15 years. I graduated in the #1 spot in my law school class and worked for a Top 10 national law firm for 10 years and was a partner in a #1 regional law firm for 2 years before starting my own small practice. I have worked with state and local government law here in Massachusetts on many occasions. I have reviewed the Barnstable home ordinance that you refer to and note the word "Recall" in the title of section 7, yet there is nothing in the body of Section 7 that refers to a recall process. First, my colleague is correct -- when there is a stray reference in a title of a statute, law, code, or ordinance and nothing to explain that reference, legally that reference has no weght. These are rules of statutory construction that we all learn in law school and that are applied by the courts when the courts review a statute to determine if the statute is constitutional or if someone sues another person based upon a statute and the statue is not very clear so the court must interpret the statute. A reference within a title like this can mean any number of things -- (a) there could have been several drafts or several hundred drafts of this ordinance before the lawmakers actually put together what they believed was the final version that they put on the ballot for the voters to consider. In that drafting process, the body of Section 7 might very well have contained a recall procedure that was eventually written out of the final version but the reference in the Section 7 title was never removed, or (b) there appears to have been several amendments after the original version was enacted in 1988 and what is online is the latest version -- so the body of Section 7 may have been altered at any point during the amendment process and the word "recall" was left in the title because it was overlooked. While you think that these things would not happen they are actually quite common in the drafting of statutes and ordinances and revisions to the same. You can research this by going to the Barnstable county seat and asking if they have saved any of the legislative history behind this particular home rule ordinance -- many cities and towns and counties save their records of meetings and debates when they are drafting and considering such ordinances and if any of these materials have been saved you may be able to see the earlier versions of this ordinance before it was presented to voters to see if there is additional language at the Section 7 to explain the "Recall" in the title and to explain what, in fact, a recall process should be under these circumstances. If you find such a document, and then sue the county in order to have a court give an interpretation of this ordinance, you can thing present as evidence to the court what the additional language at Section 7 was supposed to be and what the "legislative intent" was in drafting and considering this ordinance and you might be able to convince a court that the language setting out the actual recall procedure was accidentally left out of the final ordinance and should have been included and the court might order the language to be reinstated and a new county vote taken on the ordinance as it should have been written. This is extremely rare, however -- and no matter what you find a court will most likely find that you are correct that it makes no sense that the word "recall" is in the title of Section 7 but because any additional language that was supposed to be in that section was most likely left out for a reason by the parties that considered the writing and drafting of this ordinance in the first place. Finally, just because there is a stray reference like that in a section title does not mean that the entire ordinance is defective -- the rules of statutory construction used by courts to review statutes would simply set that bit aside and enforce the rest of the statute or ordinance to the extent it makes sense to do so -- and after reviewing Section 7 of the ordinance myself, the stray reference to "recall" in the title does not seem to affect the rest of that Section at all or the rest of the ordinance as a whole. It seems to be just a reference left there to a recall section that was most likely removed in the original drafting process.

-

The county legislature probably realizes that this is a stray reference and cannot tell you anything other than what I have told you (which does make the people who originally drafted this ordinance look a bit sloppy and the only way they can fix it is to rewrite it and then put the matter to the voters -- which is cumbersome when they would just be seeking to fix a sray reference) - so they are simply not telling you anything because there is nothing to tell you. My bet is that if they have retained the history of this ordinance and they will let you see those materials, that you may find something in those early documents before it was enacted.

-

Please let me know if you have any further questions.

-

MARY

Ask Your Own Legal Question

Hello there

-

I noticed that you reviewed the answer and have not yet pressed a rating for this below. I answered because your issue with the earlier experts is that they were not in Massachusetts and I am located here and practice here. I am paid nothing unless you press the 3rd, 4th or 5th smile face below so I would appreciate it if you would do so -- I understand that you may be disappointed by the answer and think that there should be more to it than that (the word "recall" being a stray, leftover reference) -- but that really is all there is to it and I have seen this happen with a number of statutes at local, state and federal levels over the years ( I worked for the Dept of Defense in law school and I spent an entire summer researching the statutes that set up another government agency -- and the legislative intent behind certain specific words in the statute -- I was in the Library of Congress for weeks straight reviewing Congressional debates and all of the drafts that were put into affect BEFORE the statute creating the agency was adopted as law and my report disappointed my superiors because I simply found nothing to explain a few things in the final statute).

-

Do you have any additional questions for me? While it really is an entirely different and separate question than what you asked, is there something that you were trying to accomplish looking for recall language in this Home Rule Ordinance that perhaps I can assist you with?

-

MARY

Ask Your Own Legal Question
Customer reply replied 5 years ago

I am going to give you an "excellent" rating, but need to wait until tomorrow as I am waiting for any final feedback from Barnstable County officials. Action is being taken on this matter now because of what you have told me and I then in turn pushed the county level politicians...by sort of embarrassing them that they look lazy and sloppy by leaving the county charter in such a disorganized condition. It appears that the charter will now probably be amended to have the word recall removed from the Article 7 title caption. Thanks.

Hello

-

Thank you very much -- I know it seems very strange that this happened but it happens more than you know. They are only human after all and it is most likely a stray reference they wanted to ignore rather than have to amend it to either delete it or add in a recall section.

-

MARY

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
Experience: 15 years exp all aspects of general law
Verified
Legalease and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 15 years exp all aspects of general law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I cannot find my car title, The vehicle was purchased in
I cannot find my car title, The vehicle was purchased in Florida and I now live in MD. Can you help me? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
With regard to a Florida Quiet Title Action. One of the
Hello,With regard to a Florida Quiet Title Action. One of the defendants has a Delinquency Child Support Judgment dated 6/18/2003 that was initiated in Florida and is recorded in Florida. However, I w… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
A friend paid for a car that is titled in my name. After the
A friend paid for a car that is titled in my name. After the transaction, he asked me to sign a document that gave him the right to take the car back for any reason. is this document legal and hold pr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My brother is in the title of the house and he wants to file
My brother is in the title of the house and he wants to file bankruptcy chapter 7. The problem is that in February 2017 I file Bankrutcy chapter 13 but my case was dissmised in September 2017 and now … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
We are selling our home in Pennsylvania and the joint title
Hello, we are selling our home in Pennsylvania and the joint title is coming back with a few liens against me. Is the creditor allowed to lien the home if the judgment is only in my name not joint? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Someone bought and paid for and titled a new auto for $31k
someone bought and paid for and titled a new auto for $31k in my name with nothing signed regarding paying them back and now wants payments am i liable to have to pay them back? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I need information on how to give the title to a house that
I need information on how to give the title to a house that i own to my son. The house is paid for and I don't want any kind of compensation for it. I just want to sign over the title to him. What kin… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
My daughter purchased a truck, title in her name but
My daughter purchased a truck, title in her name but boyfriend drives the vehicle. She has split from him and he has paperwork on vehicle. how can she reclaim vehicle? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
I need to obtain a quiet title in the state of North
I need to obtain a quiet title in the state of North Carolina for a motorcycle that has been abandoned on my property for over a year and a half. … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
What is quieting Title to a property. Detroit. My mortgage
my mortgage company want me to sign a document to quiet title to property… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Which State division oversees title insurance companies and
Which State division oversees title insurance companies and what is a contact address for filing a complaint against a title insurer. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
If there was a Time Certificate of Deposit titled joint
If there was a Time Certificate of Deposit titled joint ownership with the deceased and one of the heirs that was named in the will to share equally was not listed on the Time Certificate. Does this i… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Title for property at 1007 Cedar Blvd. in Portsmouth, NH.
title for property at 1007 White Cedar Blvd. in Portsmouth, NH … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I bought a car and wrote on the wrong line on the title. The
I bought a car and wrote on the wrong line on the title. The DMV will not allow me to register the car now. I cannot contact the seller. Am I screwed? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
What is title insurance. I got property through title
I got property through title insurance and lost my inhearance … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I paid off a title loan and purchased the vehicle the title
hi I paid off a title loan and purchased the vehicle the title co released the lien and gave me the title and then went back and applied for a replacement title that has the lien on it because their c… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
79 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x