Post by Dr.Ken Sokolowski on Apr 12, 2004 21:05:37 GMT -5
Taxpayers Group Challenges
Wethersfield Town Council:
Restore Balance to
Charter Commission
Or Else!
Wethersfield, CT ---
April 13, 2004 ---
The Wethersfield Taxpayers Association (WTXA) is challenging the Town Council to fill a vacancy on the Charter Revision Commission.
The WTXA is concerned that the current composition of the Wethersfield Charter Revision Commission (CRC) violates state laws.
The WTXA, a local taxpayer, watchdog group presided over by Rocco Orsini, is worried that any recommendations from this "reconstituted" commission, if adopted by the Town Council, would invalidate any resulting charter revision referendum put before the public.
The current Wethersfield Town Council has chosen to not fill a vacancy on the Charter Revision Commision created by the resignation of one of its Republican members last month.
Last year's Republican-led Council chose to create, on June 16, 2003, a seven member Commission with no provision for non-voting alternatives to fill any vacancies which might arise during the long term of the commission, potentially 16 months.
The Council, now controled by a six to three, Democrat majority, refused to fill the vacancy with a Republican candidate put forth by Council member (and former mayor) Kitch Czernicki. They tabled the appointment of that candidate and sought the opinion of the Town attorney on how to proceed.
Connecticut state law requires a charter revision commission to have between five and fifteen members. Statutes also require that there only be a "bare majority" of one party predominating in this type of appointed commission.
The Town attorney's opinion was that the Commission, despite the 4-2 imbalance was still legal, claiming that this still represented a "bare majority." That opinion did not rule out the Council's filling the vacancy. They chose not to fill it.
The Wethersfield Charter Revision Commission, constituted last June, was comprised of four Democrats and three Republicans, satisfying the "bare majority" requirement. The Democrats now outnumber the Republicans on the Commission by two, not the original one.
During the course of other business at its last, public meeting, the Council failed to formally act on the recommendation (to fill the vacancy) which thus remains "on the table." It is possible that Council may change its minds, take it off the table and appoint the requisite Republican candidate.
The WTXA feels that Town Council's failure to fill the vacancy on the WCRC effectively created a new, de facto or "reconstituted" commission.
To solve this problem and others, the WTXA feels that the Town Council should just fill the vacancy with the recommended Republican candidate. This would restore the preponderance of Democrats to an acceptible "bare majority" of one and thus restore the legitimacy of the Charter Revision Commission.
The taxpayers group worries that if the Town Council fails to promptly correct this error, the well-meaning efforts of the WCRC members will have been for nothing. It is opined that any referendum based on the current Commission's work would be flawed, open to a legal challenge and be invalid.
To throw out the nearly year-long work of this Commission would be a waste of the commissioners' time and the taxpayers' money if a flawed referendum and a legal challenge would result.
Should the Council not take action and heal the Commission, "WTXA may be forced to legally challenge the recommendations of the Charter Revision Commission, and any subsequent referendum," according to a recent, WTXA press release." Such a challenge would have the potential of nullifying the referendum and work of the Charter Revision Commission.
Another option has recently surfaced. Should one of the four Democrat members of the Commission resign, the "bare majority" of the Commission would be restored. This would drop the membership of the Commission to the minimum five allowed by state law. Should the Council accept that Democrat's resignation, no appointment of a Republican would be needed. Balance would be restored and the risks of invalidating the charter revision referendum would be circumvented.
The Wethersfield Town Council is to convene at its next regularly scheduled meeting on Monday, April 19 and the Charter Revision Commission is scheduled to meet the next day, April 20.
Wethersfield Town Council:
Restore Balance to
Charter Commission
Or Else!
Wethersfield, CT ---
April 13, 2004 ---
The Wethersfield Taxpayers Association (WTXA) is challenging the Town Council to fill a vacancy on the Charter Revision Commission.
The WTXA is concerned that the current composition of the Wethersfield Charter Revision Commission (CRC) violates state laws.
The WTXA, a local taxpayer, watchdog group presided over by Rocco Orsini, is worried that any recommendations from this "reconstituted" commission, if adopted by the Town Council, would invalidate any resulting charter revision referendum put before the public.
The current Wethersfield Town Council has chosen to not fill a vacancy on the Charter Revision Commision created by the resignation of one of its Republican members last month.
Last year's Republican-led Council chose to create, on June 16, 2003, a seven member Commission with no provision for non-voting alternatives to fill any vacancies which might arise during the long term of the commission, potentially 16 months.
The Council, now controled by a six to three, Democrat majority, refused to fill the vacancy with a Republican candidate put forth by Council member (and former mayor) Kitch Czernicki. They tabled the appointment of that candidate and sought the opinion of the Town attorney on how to proceed.
Connecticut state law requires a charter revision commission to have between five and fifteen members. Statutes also require that there only be a "bare majority" of one party predominating in this type of appointed commission.
The Town attorney's opinion was that the Commission, despite the 4-2 imbalance was still legal, claiming that this still represented a "bare majority." That opinion did not rule out the Council's filling the vacancy. They chose not to fill it.
The Wethersfield Charter Revision Commission, constituted last June, was comprised of four Democrats and three Republicans, satisfying the "bare majority" requirement. The Democrats now outnumber the Republicans on the Commission by two, not the original one.
During the course of other business at its last, public meeting, the Council failed to formally act on the recommendation (to fill the vacancy) which thus remains "on the table." It is possible that Council may change its minds, take it off the table and appoint the requisite Republican candidate.
The WTXA feels that Town Council's failure to fill the vacancy on the WCRC effectively created a new, de facto or "reconstituted" commission.
To solve this problem and others, the WTXA feels that the Town Council should just fill the vacancy with the recommended Republican candidate. This would restore the preponderance of Democrats to an acceptible "bare majority" of one and thus restore the legitimacy of the Charter Revision Commission.
The taxpayers group worries that if the Town Council fails to promptly correct this error, the well-meaning efforts of the WCRC members will have been for nothing. It is opined that any referendum based on the current Commission's work would be flawed, open to a legal challenge and be invalid.
To throw out the nearly year-long work of this Commission would be a waste of the commissioners' time and the taxpayers' money if a flawed referendum and a legal challenge would result.
Should the Council not take action and heal the Commission, "WTXA may be forced to legally challenge the recommendations of the Charter Revision Commission, and any subsequent referendum," according to a recent, WTXA press release." Such a challenge would have the potential of nullifying the referendum and work of the Charter Revision Commission.
Another option has recently surfaced. Should one of the four Democrat members of the Commission resign, the "bare majority" of the Commission would be restored. This would drop the membership of the Commission to the minimum five allowed by state law. Should the Council accept that Democrat's resignation, no appointment of a Republican would be needed. Balance would be restored and the risks of invalidating the charter revision referendum would be circumvented.
The Wethersfield Town Council is to convene at its next regularly scheduled meeting on Monday, April 19 and the Charter Revision Commission is scheduled to meet the next day, April 20.
Copyright(c) K.E.Sokolowski
