Valley Independent Sentinel

In Derby, The Asterisk Stands

by Eugene Driscoll | Jan 30, 2012 5:23 pm

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Posted to: Derby

After a confusing debate over the City Charter left members of the Board of Aldermen speechless, elected officials decided not to address concerns raised by the city attorney over the Nov. 8 tax board election.

In a story that received national headlines on the World Wide Web, James J. Butler was elected to the Derby tax board even though he was not a candidate for the office.

Derby Democrats intended to nominate James R. Butler, an incumbent tax board member. The Democrats put the wrong initial in the paperwork and no one noticed or said anything until the Republicans pointed out the error after the election.

James R. is the father of James J.

To rectify the issue, Democrats relied on advice from the Secretary of State’s Office.

James J. was sworn in, then resigned a few days later. Then, following the Derby Charter as it applies to vacancies, the Democratic members of the Derby Board of Aldermen caucused and appointed James R. as the replacement.

All seemed right with the world until Dec. 28, when Derby Corporation Counsel Joseph Coppola sent a letter to Sheila Parizo, chairman of the Derby Democratic Town Committee.

In his letter, Coppola said he believed James J. Butler wasn’t elected according to the rules of the Democratic Party of Derby. The election therefore violated state law and the Derby Charter, Coppola wrote.

Click here for an extensive Q & A Coppola gave to the Valley Indy about his letter.

Parizo thought the letter was politically-motivated hogwash.

Coppola had concerns about Butler’s swearing-in prior to the swearing-in ceremony. However, those questions were apparently not raised publicly.

Coppola said he relayed his concerns to a private attorney retained by James J. Butler prior to the swearing-in ceremony.

No one on the Derby Board of Aldermen — Republicans, Democrats or members of either party — raised it as an issue at the swearing-in ceremony, either.

Coppola’s concerns were addressed at the Jan. 26 Board of Aldermen meeting.

The city attorney repeatedly said he did not intend to have a public discussion, but did so because the media wrote a story about it.

Coppola’s initial letter to Parizo is a public document. Election outcomes and issues associated with the outcomes are public, too.

Coppola wouldn’t advise the Aldermen on what to do with his concerns.

“I’m not giving you an answer, I’m just bringing out the problem,” he said.

Possible options included calling for a new election or providing some type of guidance to the tax board to make them aware of the potential problems with James R. Butler’s service on the tax board.

Coppola was concerned that given the challenges that will be created during this year’s budget cycle — Derby just had a revaluation completed — there is a good chance some residents or businesses will challenge their assessments.

Coppola said having an asterisk on the Derby tax board could leave the city vulnerable if sued.

“It is serious if we’re going to go through a budget season,” he said.

An entity could challenge the budget process by pointing out problems with Butler’s election to the board, Coppola insinuated.

Coppola’s discussion generated a debate between he and Alderman Barbara DeGennaro over how to interpret the Derby Charter. Alderman Stephen Iacuone chimed in as well.

Press play on the video box for a shaky snippet of the discussion.

“It’s a conundrum,” Mayor Anthony Staffieri concluded.

“What more can we do?” Alderman Bev Moran asked.

The discussion continued for a few minutes until the Aldermen fell silent and then took no action.

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