01:00 AM EDT on Wednesday, May 16, 2007

By Maria Armental

Journal Staff Writer

SOUTH KINGSTOWN — Four citizens petitions will appear on the June 4 ballot, a Washington County Superior Court judge ruled yesterday.

In issuing the order, however, Judge Allen P. Rubine did not determine whether the actions the warrant items seek would be illegal. Rubine said only that the voters have the right to vote on the measures under the Town Charter.

Town officials have not yet decided if they will appeal the judge’s order, which is expected to be signed today, Town Solicitor Robert E. Craven said.

If an appeal is filed to the state Supreme Court, Craven said, the town will seek a stay so that the ballots are not printed while the appeal is heard.

Craven and Lynette Lavinger, a private lawyer for Town Councilman James M. Mageau — whom one of the measures seeks to remove from office — argued yesterday in Superior Court that the petitions, if approved, would seek funds for actions that are illegal under town or state law.

“The petitions seek to fund something that can’t happen, and that’s irresponsible and illegal,” Lavinger said.

To put them on the ballot, she said, “just creates confusion and false expectations.”

The petitions ask voters to approve:

• Issuing up to $500,000 in bonds for the design and development of public recreational facilities at Blue Shutters Beach, with the town’s contribution being offset by any other funds raised.

• Cutting the salary of Town Administrator Edward M. Barrett to a maximum of $300 per month, with no benefits.

• Creating a position of assistant town administrator paying $80,000 a year, without benefits.

• Setting aside up to $20,000 to hold a special election by Sept. 30 to remove Mageau from office and elect a replacement.

Judge Rubine issued his decision in response to a complaint filed Monday by a group of town residents seeking to head off the Town Council’s expected removal of the four items from the ballot that night, when it was to finalize its proposed budget.

At that meeting, with a court ruling still pending, a motion to forward the measures to the state Board of Elections failed on a tie vote.

Council President Katharine H. Waterman and Vice President Harriet A. Allen voted in favor, Mageau and Bruce W. Picard voting against.

Councilman John O. Craig Jr. did not attend the meeting.

Charlestown

marmenta@projo.com