Date: Fri 01-Nov-1996

Publication: Bee

Author: STEVEB

Quick Words:

council-referendum-Grogins

Full Text:

Non-Binding Referendum Would Have Questionable Legal Status

B Y S TEVE B IGHAM

The Legislative Council October 18 voted in favor of holding a non-binding

referendum to see if residents would support the purchase of land to control

growth. However, the legality of such a referendum is now in question.

The issue is now before the Board of Selectmen which must give its approval

before a referendum date can be scheduled. According to Town Attorney David

Grogins, this type of townwide vote is not provided for in the town charter.

"I don't know if this kind of referendum is permitted or prohibited," he said

Tuesday. "I'm not sure it there is any authority given in the statutes to poll

the public."

The charter states that the town has the right to hold a referendum: 1) for

any special appropriation by the Legislative Council, 2) for any proposed

ordinance, and 3) to acquire, reserve or dispose of real property or an

interest in real property.

"It ain't any of these," Mr Grogins said.

The Town Attorney said the only time a referendum question ever simply asked

what people thought about something was at budget time. In addition to voting

"yes" or "no," the ballot used to also ask voters whether they thought the

budget was too high or too low.

First Selectman Bob Cascella said he does not want to hold a referendum that

could be open to litigation down the road, but, as Mr Grogins points out, such

a polling vote can't cause any harm.

On October 16, Legislative Council member Jack Rosenthal proposed the idea of

setting aside $1.5 million (1 mill) for the purchase of land to control local

development. The rapid growth of Newtown has been a hot issue, lately, with

residents voicing concerns over the future of the community.

Mr Rosenthal admitted this week that he did not expect his proposal to fly,

judging from the comments made by other council members.

Mr Cascella admitted that the referendum is not high on his list of things to

do and said a referendum date couldn't be scheduled until late November, at

the earliest.