Charter Revision Commission Favors

Veto Power For The First Selectman

By Steve Bigham

The Charter Revision Commission took another step toward creating a more powerful first selectman last week when members agreed that the position be given veto power over the Legislative Council. The announcement came just one week after the charter panel recommended that the first selectman’s term be extended from two years to four.

From the start, this board has been an advocate for a stronger first selectman, pointing out that the position has been weakened by past charter panels.

In October, the 12-member commission began its task of reviewing the Newtown charter. To date, the charter panel has not voted on any one issue, choosing to gain consensus instead. And its early position on the role of the first selectman has caused reaction among residents around town, many of whom say the idea of a four-year term simply will not fly.

“We’ve agreed to provide the first selectman with veto power over Legislative Council decisions. In areas where there is disagreement between first selectman and the council, the council would be required to pass legislation by more than a bare majority,” explained Chairman Bill Sheluck. “In other words, if the council is really at odds with the first selectman, it allows the first selectman to say ‘I really don’t support that point of view.’ But if there is strong sentiment on the council, it can overturn his veto with a certain percentage of votes.”

The override percentage of votes needed to overturn the first selectman’s veto must still be determined.

This week, reacting to opposition, the charter panel reiterated its position on why it believes the first selectmen in Newtown should be given four-year terms.

“It has to do with attracting candidates who might otherwise not be interested because of the short-term nature of the position. It’s conceivable that someone might be willing to take four years out of a career path to be first selectman, but it’s unlikely that person would do so for two years with the uncertainty of getting more than two years,” Mr Sheluck said. “We are also trying to propose a position for the first selectman that requires him to think more strategically with respect to town affairs. That becomes more difficult for someone who may be in the position for only two years.”

First Selectman Herb Rosenthal said he recommended the jump from two to four years, although he understands why some residents might hesitate to support it.

“I can see both sides. If you want to protect against getting stuck with someone for four years then you might be against it. On other hand, it provides more continuity and may attract stronger candidates in the future if they knew they had a four-year term,” Mr Rosenthal said.

As for veto power, Mr Rosenthal admits he never considered the idea until it came up at a charter meeting last month. And, like with the switch from two to four years, he is taking a wait-and-see approach.

“It’s worth looking into. Certainly the state and federal governments have it. It gives a balance of authority between the legislative and executive branches,” he said. “It clearly focuses accountability on the chief elected official of the town.”

The Charter Revision Commission’s recent recommendations received mixed reviews from Legislative Council members, who recognize the potential for a re-balancing of the power structure in town. Council Chairman Pierre Rochman admits he likes the idea of longer terms, but worries about getting locked in to a first selectman like Rod MacKenzie, a Republican who was elected to office in the early 1990s and quickly fell out of favor with residents, including his own party members.

“I’ve always supported four-year terms for everybody. Two-year terms are kind of unproductive. I generally would support a four-year term, but I would also like to see a method of re-call, because if you’re locking yourself into four years, you have to be able to get out of it if you make a mistake,” Mr Rochman said. “If there was an escape scenario, then I would support it. I think we should make the council four-year terms for the same logic.”

The council must approve all charter panel recommendations before they can be passed on to the public at a referendum in November.

Longtime council member Melissa Pilchard this week said the recommendations coming out of the charter meetings “terrify” her, as does the thought of the council being weakened by a much stronger first selectman.

“The idea of setting up a dictator I think is definitely not what the people have in mind. To do away with the town meeting and Board of Selectmen, take away the power of the Legislative Council, and primarily vest all those powers in the first selectman and perhaps set up a small group that could be easily controlled to be the finance board, is the scariest kind of government that I’ve ever heard of,” she said. “If you create an all-powerful first selectman, who has veto power over the council, I don’t see that the people have any direct power.”

Two weeks ago, Finance Director Ben Spragg suggested that the town do away with the Board of Selectmen, have the first selectman chair the council meetings, then create a separate board of finance, which would focus its attention strictly on financial matters of the town.

“We decided we did not want to go in that direction,” Mr Sheluck said. “We want the first selectman’s office to be separate and distinct from the legislative branch of the government so that people can get the benefit of possibly differing points of view on the direction of the town. Along those lines, it has become apparent to us that the charter, as presently written, is confusing and outdated. There are too many cross-references to different sections of the charter. When someone looks in one section to see who has power, it isn’t clear unless you look at a separate section. In addition to proposing changes in the format of town government, we are likely to consider other modifications to the charter that would clarify the language as it exists.

Last week, longtime Newtown resident and former selectman Michael Snyder said he would like to see the first selectman’s term remain at two years and the Board of Selectmen remain intact. He also spoke in favor of a separate board of finance, which he believes should be elected at-large along with the council. In addition, Mr Snyder suggested that the Board of Police Commissioners be disbanded and that the chief of police answer directly to the first selectman.

Mr Snyder said he would assist in a petition drive if the council rejects any idea that he supports.

The Charter Revision Commission, which meets every Thursday night at 7 pm at Town Hall South, has set a tentative timeline for completion by Memorial Day.