Last modified: Thursday, August 23, 2007 9:06 AM EDT Recall to get legal review BY STEPHEN PETERSON SUN CHRONICLE STAFF MANSFIELD - Selectmen will hire a special attorney to review the process for the recall of two members launched in the wake of a $1.45 million court judgment that went against the town. The case prompted resident Keith Purrier to initiate a recall election drive to oust Selectmen Chairman Louis Amoruso and Selectman David McCarter. Now the two officials say the recall process is flawed and want an outside lawyer to review it. The town clerk's office certified last week that Purrier has obtained enough signatures from registered voters on petitions for a recall election to go forward. He obtained 702 signatures, 100 more than needed - 5 percent of registered voters. As required by the town charter, selectmen at Wednesday night's board meeting voted to send letters to the two selectmen, officially notifying them of the recall. McCarter and Amoruso now have five days to say whether they plan to resign, which would cancel a recall election. Amoruso said there is a flaw in the recall process, pointing out the town charter requires the election to be called within 25 days, far short of the state requirement of 40-plus days. State law supersedes town rules. "The timing is not consistent," Amoruso said. Time is needed for residents to pull nomination papers to run for office and to register new voters. And McCarter questioned the affidavit from Purrier that is part of the recall paperwork. "I don't believe it rises to the level of what is required by the town charter," McCarter said, mentioning the absence of a warning that improperly signing one's name could fall under the penalty of perjury. "I believe it is half truth." McCarter added that his and Amoruso's names are not listed on the court verdict, insisting the names were dropped as the case proceeded. "I don't think it is a fair process," McCarter said. "The jury doesn't have any finding against either one of us or the electric commission. I think it is misleading." The suit named the selectmen becasue they were acting as electrical commissioners. "I don't know yet" whether to challenge it, McCarter said. Amoruso suggested hiring a special counsel to ensure the procedures followed meet the requirements of the town charter, rather than involve the town counsel. "I think we have to go forward" with the required steps for a recall, Amoruso said, mentioning the sufficient number of signatures. But he added, "I too believe this is a flawed process." Selectman George Dentino opposed seeking the legal advice. "I think we have spent enough," Dentino said, referring to the court award. Amoruso said a special election is going to cost $8,000 to $10,000. Dentino disputed that, contending it would be half that. "I say $4,000 or $5,000 is money well spent," Dentino said. Selectmen Sandra Levine told Dentino, "If that was your name on there, someone accusing you of something, you would be hot under the collar." Amoruso said he or others could seek an injunction to stop a recall election. "I want this settled appropriately," Amoruso said, reiterating his call for a special counsel review. Levine agreed. "I think a recall election is something extremely serious. It should never be taken lightly," Levine said. "It is not emotions. It is factual. It should be as accurate as possible." McCarter said he feels an obligation to his supporters to have the legal review. Dentino dissented. "I'm very suspect of the process," he said. The U.S. District Court jury award was in favor of the former light department employees, Jack Beliveau, who was the director, and Kimberly Stoyle, who was its chief financial officer. Beliveau contends Town Manager John D'Agostino fired him in February 2004 in retaliation for supporting Stoyle's sexual harassment allegations against the town manager. in favor of two former Mansfield Municipal Electric Department officials