After voting to stick with its recommendation that the first selectman no longer serve as Board of Finance chairman, the Charter Revision Commission voted Monday night to recommend taking away the first selectman’s role of casting tie-breaking votes on the Planning and Zoning Commission.
The action to remove tie-breaking votes from P & Z’s rules followed a motion for CRC to reconsider its March 17 decision taking the first selectman away from the Finance chair. That motion to reconsider came after seven members of the Board of Finance spoke at CRC’s March 31 meeting in favor of the current Charter provision that makes any first selectman automatically the chairman of Finance.
The motion to reconsider failed by a five to four vote. Kit Devereaux, Mike Franco, Rich Townsend, and Russell Kimes voted to consider. Penny Young, Kate Hurlock, Chairman Dave Hunt, Kathleen Corbet, and Sally Hines voted against reconsideration.
Throughout the Charter Revision Commission’s work, which started in September, the commissioners have stated that the recommendations being made by the group pertain to the positions in the town government, not to any individual persons currently holding those positions.
During the public comments portion of the April 4 meeting prior to that vote to reconsider, Michael Nowacki, a citizen who has spoken at multiple Charter Revision meetings, urged the CRC to “stand your ground.”
“It is just inappropriate that this group would be reconsidering a matter that clearly has been decided.” Nowacki said.
Another audience member spoke up in agreement. Roy Abramowitz, an advocate of greater separation of powers between the Office of First Selectman and Board of Finance said, “I find it unethical for the appointed Board of Finance to show up and say, ‘Hey guys and girls, let’s have a revote.’”
[For report on Finance members’ comments at the March 31 meeting, click here.]
Tie-breaking votes
After recommitting to its stance on the first selectman no longer chairing Finance, the CRC considered removal of the tie-breaking vote from Town Council, Board of Finance, Planning and Zoning Commission, and Parking Commission. Since the current Town Charter calls for the first selectman to cast the tie-breaking vote on those bodies, removing the vote from those bodies would have removed the power of the first selectman to cast those decisive votes.
The motion to recommend removing the tie-breaking votes from all four bodies failed, with only two in favor.
In a separate action, CRC voted eight to one in favor of recommending that P & Z no longer have the first selectman cast tie-breaking votes.
The CRC voted at its March 17 meeting to recommend the first selectman serve as an ex officio member of the Board of Finance and have the role of casting tie votes.
According to Hunt, the options for Town Council, P & Z and Parking were to let the first selectman vote only in the case of ties or delete the provision and consider a tie vote as a failed vote.
Young suggested, “If we feel strongly that there should be no tie-breaking provision let them [Town Council] discuss it as a review of our [CRC] recommendations.”
During the public comment segment, Town Council member Kevin Moynahan said, “I think it’s probably a violation of due process to have one individual walk in and, not having heard all of the evidence, cast a vote.”
Young said the one time when the tie-break vote was exercised by Town Council, “He [First Selectman Rob Mallozzi III] just flew into the room and said this is the way I feel on it and voted on it.” Young said, “If you heard some really well-articulated research, reasons, arguments on both sides, you would vote with an educated vote.”
Townsend responded to Young’s comments, “If it’s that close, I don’t know why you don’t revisit it anyways and get a majority, as opposed to bringing in a gray area where somebody may or may not have viewed the stuff or listened to the stuff.”
Corbet mentioned she is fine with the first selectman having the decisive vote in the case of tie votes with Town Council. She said if the chairman of Town Council knew there would be a potential need of a tie-breaking vote, they could either “hold off to the next meeting” or “they could ask the first selectman to be briefed.”
Franco said, “The Town Council always has the option to avoid that situation [tie] by tabling the motion and putting it off for the next meeting.”
Periodic review
The CRC voted unanimously April 4 that the Town Council shall consider “Periodic Charter Review no less frequently than every 10 years.”
The CRC will hold a public hearing on the draft April 13. After the CRC’s public hearing, its plan is to consider and possibly make final changes to its draft and submit a final report to the Town Council April 20.
The Town Council’s job is to decide which, if any, of the CRC’s recommended revisions to the Charter are placed on the November election ballot. Ultimately any proposed change to the Charter is decided by the electorate.
Draft Report now available
The CRC also took a page-by-page approach to revise some of the minor language throughout the Town Charter. All of which are highlighted in the pdf version of the draft report, available HERE.
CLICK HERE for more on the Charter Revision Commission.
Charter Revision chairman Dave Hunt, left, Charter Revision members Russell Kimes, Rich Townsend, Kathleen Corbet discussing tie-breakers at the April 4 meeting. —Rich Durazzo, Jr. photo
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