Is County Charter, Section 7-2 Also A Municipal Cape Cod Commission Withdrawal Mechanism?

Ronald Bergstrom, Speaker, Assembly of Delegates

and Chairman, County Charter Review Committee

Barnstable County Assembly of Delegates

County Charter Review Committee

First District Court of Barnstable

Main Street, Route 6A

Barnstable, MA 02630

Dear Honorable Members of the County Assembly of Delegates, and the County Charter Review Committee:

RE: Is County Charter, Section 7-2 Also A Municipal Cape Cod Commission Withdrawal Mechanism?

This is a legitimate communication of inquiry to our Assembly of Delegates AND the County Charter Review Committee. It concerns a significant issue involving the Barnstable County Home Rule Charter, the Cape Cod Commission as well as the Cape Cod Commission Act.

After reviewing and studying the reference documents and sources provided below, I find that I must seriously inquire if the Barnstable County Home Rule Charter, Section 7 – 2 (a) thru (e). Citizens Initiative Measures may be duly employed by any of the respective Cape Cod municipalities or by a group of concerned citizens regarding any valid issue, official action, regulation, structure, and/or process directly pertaining to the Cape Cod Commission, including formally withdrawing from the jurisdiction of the Cape Cod Commission Act, and thereby taxing and regulatory control of the Cape Cod Commission. In other words, can the aforesaid County Charter provision be utilized by a town to officially withdraw from the Cape Cod Commission if it deemed it appropriate to do so?

If desired, one may consult with the following documents and sources for reference and informational purposes:

The Barnstable County Home Rule Charter

Chapter 716 of the Acts of 1989, An Act Establishing theCape Cod Commission

SECTION 25. Section 7-4 of Article 7 of chapter 163 of the acts of 1988 is hereby amended by striking out, in line 6, the word "or,",and by inserting after the word "obligation", in line 7, the words:- or, (6) any ordinance adopted pursuant to the Cape Cod-Commission Act unless otherwise specified; provided, however, that any ordinance resulting in the reorganization, consolidation, abolition, merger, division or alteration of the terms of office, the manner of selection, number of members or prescription of the functions, powers, duties and responsibilities of the Cape Cod Commission shall be subject to the citizen referendum provisions of section 7-3; and provided, further, that any such action ultimately approved by the assembly of delegates or by the Barnstable county voters shall be reported to the senate and house clerks of the general court and be transmitted by them to the joint committee on local affairs.

Emergency Letter: January 16,1990 @ 11:46 AM. Approved January 12,1990

Cape Cod Commission Act

SECTION 25. Section 7-4 of Article 7 of chapter 163 of the acts of 1988 is hereby amended by striking out, in line 6, the word "or,", - and by inserting after the word "obligation", in line 7, the words :- or, (6) any ordinance adopted pursuant to the Cape Cod Commission Act unless otherwise specified; provided, however, that any ordinance resulting in the reorganization, consolidation, abolition, merger, division or alteration of the terms of office, the manner of selection, number of members or prescription of the functions, powers, duties and responsibilities of the Cape Cod Commission shall be subject to the citizen referendum provisions of section 7-3; and provided, further, that any such action ultimately approved by the assembly of delegates or by the Barnstable county voters shall be reported to the senate and house clerks of the general court and be transmitted by them to the joint committee on local affairs.

I look forward to some sort of response and/or action on your part relative to this inquiry at your leisure.

Thank you.

Sincerely yours,

Ron Beaty, West Barnstable, MA