Shoreline access advocates who want to remove Westerly Town Council President Chris Duhamel from office have initiated the process to force a recall election, submitting a “declaration of intent to petition for recall” at Monday night’s council meeting.
The declaration was formally submitted towards the end of a public comment period in which numerous speakers excoriated the council president over what they believe to be the direction of ongoing settlement talks in the legal case over the Fort Road right-of-way to Napatree Point.
The town is currently in litigation with the Watch Hill Fire District and Watch Hill Conservancy over the access path beachgoers use to get from the main commercial road in Watch Hill to the entrance of the Napatree Point peninsula.
A town council resolution in 2008 designated the right-of-way public. The fire district owns most of Napatree Point, and the conservancy helps manage the area.
On Monday, multiple speakers criticized Duhamel for comments he made to the town’s Harbor Management Commission that they believe question the town’s authority to designate rights-of-way to the shore.
Duhamel told the commission only the state Coastal Resources Management Council could “determine” a right of way, according to the Harbor Management Commission’s draft meeting minutes.
Speakers said Duhamel’s comments to the commission were grounds for removal because Westerly voters overwhelmingly approved an amendment to the town’s charter in 2024 that forbids the town from conveying or abandoning its rights-of-way to the shoreline.
Access advocates have said they fear Duhamel and Town Solicitor William Conley may be working to undercut the 2008 resolution to position the town to relinquish public rights at the Fort Road right-of-way while pre-emptively protecting the council against accusations its members violated the charter.
Jim Tarbox, who submitted the recall petition, accused Duhamel of committing “a blatant violation of his oath to uphold the charter, and the public believes that this is a blatant violation of the charter and is sufficient grounds for removal.”
An animated crowd of roughly 80 people came out to Monday’s town council meeting, many wearing white shirts to demonstrate their support for shoreline access. Speakers gave testimony about using Napatree Point for generations and the need to preserve public access to the beach.
Westerly resident Daniel Roy said he enjoys taking his children to the beach but has had difficulty enjoying certain areas in the exclusive Watch Hill and Weekapaug sections of town.
“Our councilors have not, to date, protected access,” Roy said. “I hope that our assembly here tonight makes all of you who are intending to protect our access feel encouraged to do so and know that you’re doing the right things – and for those of you who are not, or who may have other motives, that you are ashamed of yourselves.”
To hold a recall election, 35 electors must file a “declaration of intent to petition for recall,” then file a written petition within 45 days with signatures of qualified voters amounting to no less than 20% of votes cast in the last general election.
To remove a councilor from office, the majority of voters would then need to vote for removal in a special recall election, according to the town charter.
On Monday night, Duhamel defended himself against the public criticism, saying the council is committed to protecting public access to Napatree Point. He also denied an accusation that he was rolling his eyes during the public comment period.
Duhamel, who is liaison to the Harbor Management Commission, downplayed criticisms about his communication with the commission members. He said he takes their questions seriously and brings them to the town’s legal counsel.
“No one’s trying to hide anything or twist anything,” he said.
“The bottom line is we’re not changing any access issues,” Duhamel said. “This council’s dedicated to providing the continued access, and I emphasize: ‘continued.’ We’re not trying to lose any of our access. We wouldn’t stand for it.”
The Watch Hill Fire District and Watch Hill Conservancy filed a lawsuit against the town in 2023, asking a judge to invalidate the Fort Road right-of-way.
The two Watch Hill entities say they have no intention of blocking the public from accessing the Napatree Point beach and conservation area but have taken legal action to protect the fire district’s property rights and ensure the preservation of the area.
The fire district and conservancy filed their lawsuit after the previous town council began discussing marking the Fort Road right-of-way to make it more visible to visitors.
