A Charter Revision Commission appointed by Ansonia Aldermen Tuesday (July 14) runs afoul of a state law which says no more than one-third of such a commission’s members “may hold any other public office in the municipality.”
Of the five members of the commission appointed Tuesday, two are members of the Board of Aldermen, one is chairman of the Planning and Zoning Commission, and another is on the city’s Water Pollution Control Authority.
The only member appointed who doesn’t currently hold public office is the mayor’s older brother.
John Marini, the city’s corporation counsel, said Thursday that he will research the issue and “advise it to be corrected accordingly” at a special Aldermen’s meeting to be scheduled in the near future.
The Law
A city charter is essentially a blueprint for the structure and function of a local government.
Periodically, municipalities make changes to the documents, in accordance with several state laws that spell out how towns and cities should do so.
Ansonia has gone through the process for the past two years, putting a raft of changes about how the city is run to voters.
In 2013, voters approved five changes to the charter, including a new process instituting a budget referendum if the city passes a spending plan that would raise taxes 3 percent or more.
Last year, voters approved more changes to the budget process, putting the final decision on the city’s budget in the hands of the elected Board of Aldermen, instead of the appointed Board of Apportionment and Taxation.
Voters rejected a charter change that would have reduced the number of political wards in the city from seven to three.
At Tuesday’s meeting three Republican Aldermen — Lorie Vaccaro, Patrick Henri, and Matthew Edo — submitted a resolution to start the process again with a view to:
- Creating permanent savings account for worker’s compensation benefits, employee retirement accruals and post-employment benefits;
- Eliminating the position of city treasurer;
- Requiring an annual contribution be made to city pension funds;
- Requiring an itemized record of all city and school spending to be available on the city’s website.
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But state law governing how municipalities revise their charters indicates that Ansonia’s charter revision commission, as it is currently constituted, is illegal.
The law says that a municipality appointing a charter revision commission “shall by resolution appoint a commission consisting of not fewer than five nor more than fifteen electors, not more than one-third of whom may hold any other public office in the municipality and not more than a bare majority of whom shall be members of any one political party.”
Concerns
The members appointed Tuesday, nominated by the mayor:
- Lorie Vaccaro, Republican, also an Aldermen representing the Second Ward;
- Joseph Cassetti, Democrat;
- David Blackwell Jr., Republican, also an Aldermen representing the Seventh Ward;
- Joseph Jaumann, unaffiliated, also chairman of the Planning and Zoning Commission;
- Michael D’Alessio, Democrat, also a member of the Water Pollution Control Authority.
Four of the five members appointed currently hold public office, which would violate the law’s “no more than one-third” provision.
Marini said Thursday he believes the law’s reference to “any other public office” refers only to elected offices, but that he would research the issue and perhaps request clarification from the state.
Even if that were the standard, two of the five people appointed Tuesday — Vaccaro and Blackwell — hold elected office, which is 40 percent of the commission’s current membership, and also in violation of the one-third rule.
Tuesday’s appointments came after Joan Radin, who represents the city’s Fifth Ward, raised concerns about the commission’s makeup.
“I’ve looked at the names on there, they’re very nice people, but I believe it’s a conflict of interest,” Radin said. “I do not believe that people on the Board of Aldermen should be making the charter revision and then voting on it.”
“There’s only five people, there’s one person I don’t recognize,” Radin went on. “I think we should have seven people on the board and we should have some voters from the City of Ansonia on it. It’s not just our job to do it, the people should be able to get up and talk about it … Everybody I’ve talked to thinks it’s a conflict of interest.”
The board’s president, Phil Tripp, then asked Marini for “clarification” on the issue.
Marini told the Aldermen that the charter revision commission can’t be “100 percent” Aldermen, “but it is permitted.”
He also noted that the Aldermen could appoint more members to the commission.
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Patrick Henri, a Sixth Ward Aldermen, noted the city’s Fire Commission has three Aldermen, and the Ansonia Rescue Medical Services board has two Aldermen.
Radin countered that those positions are mandated in the city’s code.
Charles Stowe, a First Ward Alderman, said the Aldermen serving on the Charter Revision Commission wouldn’t be a conflict.
“Unlike a lot of charter revisions that go on, this is well outlined, what their mission and task is to be done,” he said. “So I don’t see how this could possibly be a conflict of interest.”
Edward Adamowski, who also represents the First Ward, suggested the political makeup of the appointed Aldermen be evened out.
Adamowski is a Democrat. Blackwell and Vaccaro, the two Aldermen appointed, are Republicans.
“Maybe if the Aldermen are going to be on there, if you could at least pick one from each party?” he said. “I do agree with Joan, I think we should have more of the public’s input on it, but if this is the list you guys are going to put out — ”
Tripp interjected to say “The mayor’s office is taking that under advisement,” but that the appointment list couldn’t be modified for Tuesday’s meeting because the names on it need to be filed in the clerk’s office in advance of the meeting.
Vaccaro, one of those appointed to the commission, pointed out Aldermen have served on the commissions in the past.
“I see no reason to change it at this point,” he said.
The Aldermen then voted to appoint the five people nominated by Cassetti.
What Now?
Marini said in an email Thursday that the Aldermen would schedule a special meeting to “revise” the commission’s membership.
He said he was considering issuing a legal opinion on the matter to advise Aldermen.
“A decision will be reached shorty, and in any event a special meeting will be held to revise the board,” Marini wrote.
