Pittston residents could consider proposed changes to the town’s recall ordinance at the annual town meeting in March. Anna Chadwick/Morning Sentinel

PITTSTON — Following months of work, officials have proposed circumstances under which elected officials in Pittston could be recalled.

The proposed revisions to a two-decade-old ordinance, presented at a public hearing Wednesday, follow a failed attempt by some residents to recall Selectmen Joe Caputo in March because they said he was making decisions that were not in the town’s best interest.

The Ordinance Review Committee, lead by Autumn DeVries, spent the summer updating the ordinance and established grounds under which a municipal officer could be recalled, both of which were murky in the original ordinance.

After a review of the changes and questions from residents, most people agreed with the new ordinance, suggesting only that it be more specific on defining the grounds under which a municipal official can be recalled.

In the revised ordinance, an elected official can be recalled for failure to preform duties or abide by the duly passed decisions of the Select Board; a violation of the code of conduct that is not limited to a conflict of interest; any criminal conviction that has occurred while in office; and misuse of town funds or property.

Previously, the town’s ordinance relied on state law, which stipulates a municipal official can be recalled only if he or she commits a crime while in office and the municipality is a victim of the crime.

Caputo suggested being more specific about what town officials consider a criminal offense, and recommended changing the standard to an indictment or a charge filed against an official.

“Today, there was a person here from law enforcement, and he brought to my attention a concern that the criminal conviction could take two to three years longer for someone indicted, so he was suggesting criminal conviction be changed to indicted,” Caputo said. “If we waited for a conviction, the person would probably be out of office.”

Residents agreed with Caputo, but some argued it could incriminate a person before he or she is found guilty. Others, meanwhile, said any indictment would be serious enough to inhibit a person’s ability to serve on a town board and cause him or her to lose the confidence of the public.

The revised ordinance also proposes a timeline for residents to follow if they want to launch a recall effort. To recall a municipal official, the official must have been in the role for more than three months, and only one municipal official in town can be recalled at a time.

A recall begins with a notice of intent to petition, which needs 25 signatures. Once that notice is returned, the clerk has a calendar week to prepare the petition forms. The petitioner then has three weeks to circulate the petition and gather signatures that total at least 20% of the voting turnout in the last gubernatorial election. From there, the clerk has two weeks to certify the signatures and alert the Select Board.