Date: Fri 23-May-1997

Publication: Bee

Author: STEVEB

Quick Words:

council-charter-at-large

Full Text:

Council Rejects Proposal For At-Large Seats

B Y S TEVE B IGHAM

The Legislative Council Wednesday voted, 7-4, against a Charter Revision

Commission proposal to create three at-large seats on the council. It also

voted, 7-4, to accept the commission's recommendation to allow for the removal

of the finance director without cause.

All 12 council members are elected by district, but the Charter Revision

Commission had felt creating some at-large seats would be a positive addition

to the council since most members usually think of themselves as

representatives of the town, not just of their own district.

The council apparently felt otherwise, but, in a surprising move, agreed with

the charter panel's contention that a method of removing the finance director

was needed since that person was not elected and did not serve a term.

Originally, the council had opposed the charter commission's plan, saying it

could leave the finance director's job open to politics. But the commission

came up with an added provision that would guarantee the finance director a

hearing before any decision was made on his or her termination.

As charter panel member David Chipman pointed out, it is difficult to

establish cause for dismissal in municipal employment. Council member Will

Rodgers agreed, saying with cause and without cause does not mean with or

without justification.

"Cause is not defined in the charter," he said.

Mr Chipman called it an "ambiguity" in the charter.

In voting for the change, council members believed the proposed change would

give the finance director's position more protection.

Ben Spragg, the town's finance director since the early 1980s, is opposed to

the proposed charter change. He said the change will make the finance director

an "at-will" employee and provides no appeal process.

"A hearing is not an appeal process," he said.

Under the current charter, the finance director does have the right to an

appeal.

But, as council member Melissa Pilchard points out, the new change would

require a council hearing before the finance director could ever be fired.

Though the current charter allows for an appeal process, it also states that

the first selectman can simply fire the person before the issue even reaches

the council.

The few proposed charter changes will eventually make their way to the state

for filing with the Secretary of the State. They will then be put on a ballot

at the November elections. If passed, a new charter will be printed,

indicating the new changes.

The Charter Revision Commission can still petition to appeal any decision made

by the council.

Five years ago, the council rejected the charter panel's recommendation to

reduce the council from 18 to 12 members. However, it was petitioned, put on

the ballot, and approved by the voters.