Text Box: February 2006 Text Box: Text Box: CHARGES AGAINST RESIDENT WHO CUT BRANCHES DROPPED The charges of Injury of Federal Property against Wellesley Circle resident Jim Anderson were dropped on Jan. 13 at the Federal District Court in Greenbelt, Md. Mr. Anderson had been ticketed for this crime on Oct. 1, 2005, because he had cut a few small branches which were hanging over the Clara Barton Parkway below his residence. His weapon was a garden lopper. He was cutting the branches back because they were hanging over the parkway and obscured the view of someone wanting to cross the parkway, he told the park policeman who cited him. The policeman responded that crossing the parkway at that point was a crime as well. Mr. Anderson was first summoned to court on Nov. 4, at which time he was not allowed to present his case, but simply told to appear again at the Greenbelt courthouse for a hearing on Jan. 13. On that date he appeared in court together with photographs of the overhanging branches as well as of himself holding the lopper and a certificate from the National Park Service that he had received on the date he was ticketed and which commended him for his volunteer efforts at Lockhouse 8 and elsewhere. The prosecutor sent him to discuss the matter with two police officers, who decided that the charges should be dropped. This may have been related to the fact that the arresting officer was not present to testify. The original charge carried a possible sentence of six months in jail and/or a $5,000 fine. Text Box: CHARTER AMENDMENT WILL FACILITATE BID PROCESS The town council at its Jan. 9 meeting voted for a resolution to amend the charter, which is like the town’s constitution, so that it and the ordinances (or laws) will be in agreement about the procedures for purchasing goods and services. As the charter now stands, it says that the town council “shall provide for the use of competitive bidding and contracts for all town purchases and contracts.” Legally, “shall” means “must.” In other words, according to the letter of the law, the purchase of a screw driver could require competitive bidding and the sealed bid process. If followed, the town would be greatly hampered in its ability to make purchases and acquire services in an efficient and effective manner. The proposed amendment will replace the current phrase in the charter with the phrase “shall prescribe by ordinance…”, thereby allowing the town to transfer the wording of the provisions for bidding and purchases from the charter to the ordinances. The resolution to amend the charter must run in a paper of general circulation once a week for 40 days. During this time the public can submit petitions. After 50 days, if there are no petitions, the amendment becomes effective. After that, the council can amend the ordinances, if necessary. At present, the ordinances call for bid procedures only when expenditures involve more than $1,000.