Date: Fri 18-Aug-1995

Publication: Bee

Author: KAAREN

Quick Words:

selectmen-fund-transfers-xxx

Full Text:

`Phone Poll' Fund Transfer

Plan Draws Legal Questions

B Y K AAREN V ALENTA

The Board of Selectmen Monday night decided to get a legal opinion on a

proposed regulation that would allow the first selectman and the finance

director to authorize a departmental transfer of funds by doing a telephone

poll of the members of the board and the Legislative Council.

The board tabled the regulation, proposed by First Selectman Bob Cascella,

that would facilitate the transfer of funds without calling special meetings

of the board or the council.

"We're not trying to circumvent the charter - we're just trying to expedite

the process," said Finance Director Benjamin Spragg. "The board and the

council should be able to make decisions at other times than at the first and

third weeks' meeting nights."

The proposed regulation stemmed from an incident which occurred in May when

the council was asked to approve transfers from the town's contingency account

to pay for some Public Works Department bills. One of the bills was $19,000

for road patching materials that Public Works Director Frank Hurley obtained

from the state's resurfacing of I-84. Mr Hurley said buying the asphalt

grindings saved the town $78,000.

Council members sharply rebuked Mr Hurley for violating the charter by

spending money in excess of his budgetary line account without prior

authorization from the council, which is the town's finance board. But Mr

Hurley said that another town or private contractor would have snatched up the

material if the proposed purchase had waited to go through the regular

meetings of the board and the council.

"There isn't always time to wait for these meetings in emergencies or when we

have a chance to capitalize on an opportunity like the asphalt grindings," Mr

Cascella told the board Monday night. "I'd like to be able to bring it to the

Board of Selectmen through a phone poll and, if you agree, then to a phone

poll of the Legislative Council."

But Democratic Selectman Gary Fetzer was troubled by the proposed regulation.

"Can you do a regulation that contradicts the charter?" he questioned. "If you

wanted to incorporate this into the next charter revision it might have

merit."

Mr Fetzer said he also was concerned about the "potential for abuse" which

would exist because the regulation "doesn't give the public an opportunity to

comment on the transfer."

"It would be bypassing public input and public scrutiny," he said. "In

addition, there would be no public record of how (board and council) members

voted."

The selectmen also questioned what constitutes an emergency appropriation.

Authorizing overtime for snow plowing during a storm is an obvious emergency,

they agreed, but does the charter's use of the word "emergency" extend to

situations like the asphalt grindings purchase?

The proposed regulation would allow a town department "to expend or incur

liability or expense or to enter into an agreement in excess of an approved

departmental line item appropriation." To do this the department first would

be required to contact the first selectman and the financial director to

request the authorization. A written report and request for transfer form

would have to be submitted within 24 hours of the request.

If the first selectman and the financial director determine the authorization

is warranted, the following steps would be taken:

The first selectman would poll the members of the Board of Selectmen and the

Legislative Council for their approval. A majority vote by both bodies would

be deemed as approval.

The first selectman then would add the item and the request for transfer to

the next regular scheduled board of selectmen and the council agendas for

their formal approval. Approval would be recorded in the minutes of the board

and the council.

Mr Cascella said he would ask David Grogins, the town attorney, for a legal

opinion of the proposed regulation. He said he also would ask for a legal

definition of what constitutes an emergency.