Second Attempt To Hear Public Comment On Charter Proposals Postponed

By John Voket

While ten of Newtown’s 12 Legislative Council members gathered to fulfill the statutory requirement of a public hearing January 26, nary a sole representing the public braved the blustery early stages of an overnight snowstorm to comment on a pair of suggested revisions to Newtown’s Charter. And as it tuned out, snow and ice thwarted another attempt to hear input from the public February 2.

Council Chairman Jeff Capeci canceled that regular meeting and indicated that the council will now look forward to public comment on the proposed charter revision at a special meeting that will be scheduled the week of February 7.

The Charter Revision Commission’s narrow charge reflected only two issues, which have been cited in recent years as cause for contention among voters who wanted to see a ballot providing more information to the council, particularly in the event of a budget failure.

Mr Capeci first wrestled with the decision to try and complete this stage of the charter process Wednesday evening. But ultimately he decided against running the risk of not hearing from residents who had comments, but who would be at risk or decline to travel to the municipal center in the icy remnants of this week’s latest storm.

Considering how the weather is playing havoc with numerous town board and commission schedules, including the school board’s budget deliberations, the decision to cancel February 2 was a gamble. But the council chairman was hoping that better weather would coincide with next week’s special meeting.

The commission’s original charge honored promises made by elected officials, including Mr Capeci, to address concerns of residents calling for the town to split its budget vote, and to provide certain questions as a better means of assessing voter preferences in the event of a budget failure at referendum.

The charter commission’s final document reflected a recommendation against bifurcating, or splitting, the budget between the town and school sides, while modifying budget ballots, requesting that each voter: (a) approve the budget, or (b) reject the budget because it is too high, or (c) reject the budget because it is too low.

The full panel’s final act was to conduct a public hearing December 8, which saw only a single resident in attendance. So why not just postpone the snowbound hearing in the hope of fairer weather?

Mr Capeci explained to his colleagues at the hearing that Section 7-191(b) of the Connecticut General Statutes mandates “The appointing authority shall hold at least one public hearing on the draft report and shall hold its last hearing not later than 45 days after the submission of the draft report to such clerk. Not later than 15 days after its last hearing, the appointing authority shall make recommendations to the commission for such changes in the draft report as it deems desirable.”

The council chairman warned, however, that the 45-day window in which the council must hold a public hearing closed on January 29.

So he said there was “no way at this point to notice and hold another public hearing within the 45-day window without the risk of another snow cancellation. It is for this reason that the public hearing must be held.”

Unfortunately, if the hearing was not conducted, the charter revision process would have stopped and the opportunity to offer qualified Newtown voters a chance to change the way budget referendums are held would have to wait for another charter revision.

After the roughly seven-minute hearing adjourned, the council attendees — James Belden and Jan Andras were absent — sat and talked quietly waiting for the special meeting scheduled for 7:30 to begin. The only item slated on that agenda was a planned executive session to discuss pending litigation, which would have appropriately been closed to the public.

A council Ordinance Committee meeting that was scheduled to precede the February 2 council meeting was also canceled.