Can One Person Be Treasurer And Serve On The Tax Board In Derby?

DERBY — On Nov. 5 voters elected Walt Mayhew city treasurer and a member of the city’s board of apportionment and taxation (aka the tax board). Whether he’ll serve in both capacities remains to be seen.

When Mayhew was nominated by Democrats in July, members of his own party weren’t sure he could serve in dual capacities if elected.

Based on the section of the Derby Charter that prevents ​“dual office holding,” Mayhew may need to get a unanimous vote from the Board of Aldermen in order to hold two positions.

That could — or could not — happen 10 a.m. Saturday, Dec. 7, during the City of Derby’s inauguration ceremony at Derby High School.

“The voters have voted me into both positions, and I would like to honor that request, until someone says I can’t,” Mayhew, a Democrat, said Wednesday.

Third Ward Alderman Charles Sampson, a Republican who is currently president of the Board of Aldermen and Alderwomen, said in an email Thursday that it’s too early to predict how things will shake out.

“As far as I am aware, under Section 14 of the Charter, it precludes any officer or elected person from serving on two different positions without a unanimous waiver from the Board of Aldermen/Alderwomen,” Sampson said. ​“I will reserve my position until a waiver is presented to me and I can weigh the objectivity of the two positions in question. I know there are several people on both the BOA/A and the Tax Board that need waivers. I will weigh each on their face value and decide at that time.”

The ban on ​“dual office holding” in Derby is designed to prevent corruption. In the 1950s, The Evening Sentinel reported that Aldermen were using their elected positions to steer government contracts toward their businesses. 

Today the waiver is routinely used for elected officials who are paid by the city, such as Second Ward Alderman Joseph DiMartino, a public works employee who also coaches softball, and First Ward Alderman Thomas Donofrio, a city police officer. 

But having one person elected to two positions might create new wrinkles, according to an email from Vin Marino, Derby’s corporation counsel.

“I have not had the opportunity to review the Connecticut general statutes on this subject,” Marino said. ​“The issue is not limited to the charter; it would include any applicable law as well. I have not been asked by any city official to review this matter yet, therefore I am not prepared to officially opine on the subject.”

The city attorney also noted that no one has asked him to look into the matter.
 
​“Assuming that I am asked to provide such an opinion, I am happy to share it with you at the appropriate time,” Marino concluded.

In an email exchange and a phone interview this week, Mayhew said he plans to take the oath of office for both positions. 

Having a city treasurer serve on the tax board would be unusual, at least in Derby, where the tax board approves a city budget and sets the mill rate. 

The city treasurer acts as an important advisor, referee, almost a mentor, to the members of the tax board on all things financial.

At least that’s the way it has been for the 20 or so years Keith McLiverty held the position. In addition to being city treasurer, McLiverty (who was also the director of finance and operations for the Region 15 school district for 14 years) was a key player on the city’s capital planning committee, the Derby Middle School building committee, the committee supervising the work on the new multi-sport field, the pension board, and, at times, the assessment board of appeals. 
 
But in a podcast interview discussing the Derby results, Andrew Baklik and Owney Malerba noted Mayhew would likely serve as treasurer in the way described in the Derby Charter, which describes more routine functions for the treasurer such as: ​“at the end of each fiscal year, report to the Board of Aldermen/Alderwomen a detailed statement of the receipts of money paid into the treasury, and the expenditures therefrom, during said year …”

In an email exchange this week Marino, Derby’s corporation counsel, initially said Mayhew could not serve in both roles.

Mayhew then issued a statement to The Valley Indy saying if that’s the case, Marino should inform him in writing.

When asked to elaborate on his initial email, Marino pointed to the section of the Derby Charter banning ​“dual office holding.”

The section of the charter reads:

No officer of said city shall be at the same time a member of the Board of Aldermen. Neither the Mayor, Street Commissioner, Director of Public Works, Police Commissioners, Fire Commissioner nor any other officer of said city, either elected or appointed, including members of the Board of Aldermen, members of the Board of Apportionment and Taxation, members of the Finance Committee and members of the Board of Education, shall directly or indirectly furnish any materials to said city, or be directly or indirectly employed to do any work for said city except his/her official duty.

The provisions of this section may be waived by a unanimous vote of the Board of Aldermen.

The city treasurer in Derby is paid a stipend of about $12,000, Mayhew said. He also noted the charter section everyone is referencing doesn’t specifically address his situation — having been elected by voters to two positions.