Lowell Police Commission party representation unbalanced

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Updated: February 23, 2012 8:08AM

LOWELL — A change in political party by one member of the Lowell Metropolitan Police Commission has town officials trying to determine whether that board’s actions have been legal since the switch.

Town Council members last week approved the resignation of Commission President Aaron Schuhrke after it was learned the political makeup of the bi-partisan commission had become four Democrats and one Republican. The commission must have no more than three members of any one political affiliation at a time.

Alan Fox was approved as Schurhke’s replacement by a 3-2 vote. Council Vice President Robert Philpot, R-2, and Edgar Corns, R-5, voted against the appointment.

Philpot also questioned what impact the former make-up of the board would have on the actions it has taken.

“It occurs to me really that everything this commission has done has been illegal since there are four Democrats,” Philpot said.

Town Attorney Gregory Sobkowski was directed to look into the ramifications. Friday, Sobkowski said he plans to have an answer for the town council by the next meeting.

He said political party is determined by one of three measures: How a person votes in the most recent primary, if the county party chairman identifies the individual as from a certain party, or if the individuals themselves declare a party.

He said he has not determined yet what impact a change in party by voting differently in a primary might have. Sobkowski said if there is an impact it would likely only affect the actions taken since the spring 2011 primary when the change occurred.