Date: Fri 12-Jan-1996

Publication: Bee

Author: KAAREN

Quick Words:

Library-Friends-Schertzer-

Full Text:

Elections Panel Absolves Library Friends Of Wrongdoing

B Y K AAREN V ALENTA

The State Elections Enforcement Commission has ruled substantively in favor of

the Friends of the Library regarding a complaint filed by Newtown resident

Martin Schertzer.

The commission found that while the Friends did violate a provision of the

state statute that says the name of an organization's treasurer must be

included on political literature, the omission was "unintentional" and no fine

will be imposed.

The ruling also absolved the group from Mr Schertzer's charge that the Friends

spent money to influence the November 13, 1995, referendum on the expansion of

the Cyrenius H. Booth Library before registering as a political committee.

The Friends filed the required paperwork on the first business day after it

was required to do so, the commission ruled.

"I think this was a very fair result," said Kevin Tepas, an attorney who is a

member of the Library Board of Trustees. Mr Tepas prepared the statement which

was submitted to the state commission explaining the Friends' actions.

"There was an unnecessary effort on Mr Schertzer's part to make an issue of

this," Mr Tepas said. "It is undoubtedly true that he was not concerned about

who the treasurer of the Friends is - he was looking to apply a technicality."

Mr Schertzer could not be reached for comment.

The complaint involved a brochure which was printed and mailed to residents

and an advertistment placed in The Bee advocating a "yes" vote at the November

referendum.

Nonprofit groups must register as political committees if they spend more than

$1,000 on any activity which is designed to influence the outcome of a

referendum. The Friends spent approximately $2,770 on referendum-related

expenses.

Both the name of the organization and the treasurer should have been included

on the material but the then-treasurer's name, Bruce Martin, was

unintentionally omitted, Mr Tepas said.

Lawsuits Pending

Library supporters also expect to hear by the end of next week how a Danbury

Superior Court judge will rule on a request to dismiss lawsuits filed by Main

Street resident Edwin Baumer last summer. Mr Baumer sued the Borough Zoning

Commission after the commission granted a variance that would allow

construction of the library's planned 22,000 square foot addition. The court

had 120 days to make a decision on the motion to dismiss, a deadline that will

pass at the end of next week.

After the November referendum, Mr Baumer also asked the court for an

injunction to prevent any construction before the lawsuits are head. No action

has yet been taken by the court on this request.

At the Library Board of Trustees meeting on Tuesday evening, Building

Committee Chairman William Lavery said construction cannot begin until March

because of the weather but other work, such as obtaining permits, is

continuing.

"The building contractor is keeping busy by doing shop drawings now instead of

later," said Library Director Janet Woycik. "After speaking with (First

Selectman) Bob Cascella and (Finance Director) Ben Spragg, the contractor is

confident that we are going ahead with this project."

She said no decision has been made yet on whether the library will be able to

move out during the construction process. Mr Cascella still is trying to find

an empty building that the library could use temporarily, she explained.