Derby politicians are trying to figure out who should take a seat on the Derby tax board after city Republicans pointed out a mistake on the Nov. 8 ballot.
Here’s the story, simplified to the best of our ability:
Derby tax board member James Butler’s middle initial is ‘R.’
The ‘R’ stands for Raymond.
James Butler’s son is named James Butler. His middle initial is ‘J.’
The ‘J’ stands for Joseph.
James R. Butler, (the father) a Democrat, ran for election to the tax board Nov. 8.
James J. Butler, (the son) a former Derby Fire Department Chief, did not run for any elected office Nov. 8.
However, an error on the Election Day ballot incorrectly listed James J. Butler, (the son) as running for the tax board — not James R. Butler (the dad).
The James J. Butler listed on the ballot won, receiving 1,623 votes — more than any other candidate.
So who should be sworn in as a member of the Derby tax board Dec. 3?
The Derby Republicans say James J. (the son) — because he’s the guy people voted for.
The Derby Democrats say — we’re going to meet Friday to talk about this.
Solution Proposed
The Derby election of 2011 took a twist Monday, when Tony Szewczyk, chairman of Derby’s Republican Town Committee, delivered a letter to Derby Town Clerk Laura Wabno pointing out the mistake.
A copy of the letter is posted at the bottom of this article.
Names on ballots go through several layers of editing, including by the local political party, the candidate and the Town Clerk.
Av Harris, a spokesperson for the Secretary of the State, said Derby officials told him the name was incorrect on the Democratic Town Committee certificate of endorsement — the official paperwork presented with the party’s slate of nominees.
“Whether or not they meant to endorse him, or there was a typo of one letter, Mr. James J. Butler was the endorsed candidate for that office, and he won,” Harris said. “So you can’t just say we didn’t mean to endorse him, we meant to endorse someone else.”
A voice mail seeking comment was also left with Sheila Parizo, the chairperson of the Democratic Party.
Szewczyk asserts it would be a violation of the state’s election law to allow James R. Butler to be sworn in — even though he was the intended candidate — since another person was listed on the ballot.
“… we will be in violation of state election law if we allow a person who wasn’t on the ballot and received no votes to be sworn in. This would also be a huge disservice to our voters,” Szewczyk writes.
Szewczyk proposes a solution: Swear-in James J. Butler, even though he didn’t run for office.
Next, James J. Butler can resign.
Finally, the Democrats can fill the vacancy by appointing James R. Butler, the guy whose name was supposed to be on the ballot.
Harris said the only other option in this situation would be to have James J. Butler (the son) serve out the term.
Reaction?
Rob Hyder, a Democrat, said the Democratic Town Committtee’s executive board is scheduled to meet Friday (Nov. 25) to discuss the issue.
In addition to Hyder, those on the Democratic Town Committee’s executive board include:
- Sheila Parizo: Chairperson
- Linda Fusco: Vice-Chairperson
- Maureen Murphy: Treasurer
- Loretta Sexton: Secretary
- Dan Sexton: First Ward Chairman
- Donna Carloni: Second Ward Chairperson
Hyder is the Third Ward chairman.
Also invited to the meeting are newly elected Alderman Ron Sill, Democratic Registrar of Voters Louise Pitney, former mayoral candidate Dan Foley — and James R. Butler.
The Butlers said they wanted to withhold comment pending the Democratic meeting.
The Charter
According to the Derby Charter, vacancies in elective offices are to be filled by an appointment coming from the members of the Board of Aldermen from the same political party.
In this case, the tax board seat would be filled after a caucus of the Democratic members of the Board of Aldermen.
If the person who created the vacancy isn’t a member of a political party, the mayor makes the appointment, pending the approval of the Derby Board of Aldermen. That won’t apply here, because the Butlers are both members of the Democratic Party.
Who Cares?
What’s the Derby tax board and why should I care who’s on it, you ask?
You should care if you pay taxes.
The tax board — its formal name is the Derby Board of Apportionment and Taxation — is the group of elected officials who have the final say over the Derby budget every year.
They play the key role in determining how much money the city spends and how much money is raised through taxes.
The tax board has 10 members. The mayor is an ex-officio member.
Prior to the Nov. 8 election, there was a 5 – 5 split among Republicans and Democrats.
The number of members on the tax board was especially important during the most recent budget cycle in Derby, when members of the tax board had trouble deciding how much money to allocate to Derby Public Schools.
Generally speaking, the Democrats wanted to give more money to the school system than the Republicans. The Democrats pointed to ample evidence showing Derby schools are at a constant disadvantage due to historical low funding from the city, at least when compared to other school districts.
Republicans countered that argument by pointing to the new Derby Middle School.
At one point in May, the tax board was deadlocked over how much money to give the school district.
However, the Nov. 8 election saw the Democrats pick up seats. Democrats now hold a 6 – 4 majority on the board.
The letter from the Derby GOP to the town clerk:
