Derby Tax Board Meets Illegally, Chairman Apologizes

Members of the Derby tax board held an illegal meeting Monday, but the board’s chairman apologized after being told the meeting was improper under state law.

On Monday, the tax board hosted a public hearing on Derby’s budget, followed by a regularly scheduled tax board meeting.

At one point, tax board chairman Jim Butler wanted elected officials to meet in private to discuss when to hold upcoming tax board meetings. The board has until the end of the month to adopt a budget.

Butler first suggested the tax board meet in a non-public executive session. However, state law says executive sessions can only be held for sensitive issues such as real estate deals, legal strategies connected to a lawsuits and when talking about a specific employee. 

Tax board member Judy Szewczyk questioned the use of executive session as did Derby Democratic Registrar of Voters Louise Pitney, who was in the audience.

Butler then suggested the tax board meet in a caucus. The board then went into a small meeting room in the Aldermanic Chambers and shut the door behind them.

Caucuses are defined as meetings between members of the same political party. A caucus does not have to be open to the public. However, both Democrats and Republicans met behind closed doors Monday — which simply made the gathering an illegal meeting under state law.

Furthermore, the Valley Indy listened at the door and could hear the tax board members discussing what the mill rate increase in the proposed Derby budget will do to property tax bills. Members talked about reaction they were getting from the public.

The closed-door session was brief, perhaps 10 minutes.

When the tax board convened in public, Butler announced several new meeting dates for the tax board.

During public comment, Derby business owner Thomas Harbinson — who has experience on several boards and commissions in Shelton, his hometown — pointed out the tax board had just met illegally.

I apologize. Caucus was the wrong term. It was just a matter of trying to set some dates,” Butler said.

Certainly that is something that could be taken care of in public,” Harbinson said.

Click here to read the legal definition of a meeting in Connecticut and to learn when public boards or commissions can meet in private.

After the meeting, Butler told the Valley Indy the board was nervous about talking about their schedule in public due to a rash of burglaries in Derby.

Ansonia tax board members made a similar goof in May 2011, when board members split into two small groups to avoid public meeting laws to have follow-up conversations about the budget proposal. 

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