Dear Mayor and Board of Trustees:
This letter is to intimate my resignation from the Board of Trustees, effective upon the swearing-in of a lawful replacement. This past July complications with the New York Court of Appeals arose regarding my qualifications to be called to the bar under newly enacted regulations. These regulations were in response to the financial crisis and were designed to protected American legal jobs for American lawyers. Unfortunately for my situation, I studied outside the United States, which means I fall under these new regulations. Prior to this summer, the regulations allowed anyone who had studied at least three years of law within a common law jurisdiction to pay the fee and sit for the New York Bar Exam. Providing a candidate passed the bar and an ethics check, and then they would be admitted to practice law.
After being informed of the situation, I launched an appeal, based on legitimate expectations and the grandfathering clause. My appeal ultimately failed and I am required to complete an LL.M. (master of laws) degree at an American Bar Association (ABA) law school. The program must be taught in-person and certain course work completed before admittance to sit the bar will be granted. I applied to the University ofNew Hampshire, School of Law and was accepted. They have a continual admission process right up until classes commence. Once I have completed this degree, I will then sit for the bar exam in July 2013.
The entire affair has come as a surprise and it is with great sadness that I must step down from my seat on the Orchard City Board of Trustees. Since I will no longer physically be in the jurisdiction of the town, I will not be able to be an effective representative for my constituents. I have been honoured to represent my fellow citizens for the past six months and it has been a privilege to hold this position of esteem trust. I believe the good people of Orchard City will understand that since I already have a substantial educational investment in becoming an attorney, I cannot afford to do anything but comply with the new regulations.
In these past six months I have learned much about municipal government - especially in relation to water. As the author of the mosquito resolution, concerning the EPA's and Agenda 21 's attack on aerial spraying, I was pleased to see our board send a strong message to our congressional leaders. Helping repeal the water conveyance rule, which took water away from farmers in good years only to sell it back to them in drought years, was an accomplishment
which helped loosen the regulatory barriers imposed by local government. Voting for our hydropower- unit and voicing concern over our engineering firm was about due diligence and looking out for town's future. Most importantly, I proud to have played a role in the Centennial celebration of my town- in the town play I portrayed the Cory postmaster (ironically, a position my cousin held for many years).
I have one request to make of the board. I'd recommend the Board of Trustees fill my vacancy with an individual with similar characteristics as me. The electorate voted for certain values and characteristics, which I brought to the Board of Trustees and it is only fair to the people to maintain these elements. In other words, I am recommending against making my vacancy the subject of spoils and patronage.
Orchard City is a great town and a place where I plan on raising my family, practicing law, and retiring someday. Being an advocate for my neighbours and representing them has truly been rewarding. Orchard City's Board could teach representatives in Washington, DC a lot about governing, namely how to do more with less and balancing a budget. I am pleased to say that in this half-year together we have upheld the public trust and managed the best interests of the town to such a degree that our founders would be proud.
/s/
Matthew Soper,
BA, LLM, LLB
Trustee, Town of Orchard City,
State of Colorado
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