Date: Fri 08-Dec-1995

Publication: Bee

Author: KAAREN

Quick Words:

Library-Friends-election-law

Full Text:

Elections Law Complaint Aimed At Library Friends

B Y K AAREN V ALENTA

A local resident has filed a complaint with the State Elections Commission

charging that the Friends of the Cyrenius H. Library violated the law during

the campaign before the November 15 referendum.

James Mathias, lead legal investigator for the State Election Commission,

confirmed this week that a complaint has been filed by Martin Schertzer, a

member of Newtown Citizens for Responsible Spending which opposed the $4.1

million library expansion/renovation project.

"We did receive a complaint," Mr Mathias said. "The investigation is underway,

but no findings or conclusions have been made."

According to Mr Mathias, Mr Schertzer charged that the Friends of the Library

started spending money in a referendum campaign before registering with the

town clerk as a political committee. The Friends registered on November 13,

two days before the referendum.

Mr Mathias cautioned, however, that organizations do not necessarily have to

file as a political organization even if they work to influence the outcome of

a referendum. An existing organization, "such as a PTA, for example," can

spend up to $1,000 before it has to register with the town clerk and file

financial disclosure information, he said.

A group can be formed specifically to influence the outcome of a referendum

but as long as it does not spend more than $500, it does not have to register,

he said.

Mr Mathias said he anticipated that Mr Schertzer's complaint would be on the

agenda of the commission's January 17 meeting. If a violation is found, the

Friends of the Library could face a fine of up to $2,000.

Mr Schertzer's complaint also said that promotional material produced by the

Friends listed different versions of what the organization is, and that the

pamphlets did not include a treasurer's name. Mr Schertzer could not be

reached for comment.

Kevin Tepas, an attorney and member of the library's Board of Trustees, said

the treasurer's name inadvertently had been left off some of the literature,

but he pointed out that the literature did state that it had been "Paid for by

the Friends of the Library."

"The Friends of the Library has been in existence for years and its officers

are on the public record," Mr Tepas said. "They aren't an organization that is

skulking around in the back of someone's house."

"People who are savy about referendums - because they are involved in them so

often - know all the regulations," Mr Tepas said. "People like the Friends of

the Library don't. What possible benefit would it bring to the community if

the Friends wound up being fined?"

Mr Tepas said he helped the Friends with the paperwork required to file with

the clerk. The Friends of the Library is a non-profit organization that

supports the library through a variety of fundraising, cultural and

educational activities. It is separate from the library's Board of Trustees.

Mr Tepas said the Friends' treasurer, Bruce Martin, recently resigned the

position because of other commitments, and Susan Shaw has been serving as both

secretary and treasurer.

"I don't want the Friends to comment further until the state completes its

investigation," Mr Tepas said. "Some expenditures are a matter of

interpretation. Until I know what kind of information the state wants, and

what it considers to be political expenditures, I don't feel that I can

comment."

Injunction Sought

The referendum on the library was forced by a petition drive led by Main

Street resident Edwin Baumer after the project was approved by voters at a

town meeting on October 25.

"Mr Baumer turned in the petitions on Wednesday, November 1," Town Clerk

Cynthia Curtiss said. "My office worked until about 5 pm on November 2

validating the signatures and informed the first selectman then that a special

referendum would have to be held."

The Board of Selectmen met on November 3 to set the date for the referendum,

which had to be held within 15 days.

Mr Baumer and his wife Jean also initiated two lawsuits involving the library

project last summer. And on November 20 their attorney, Randall Carreira of

Bridgewater, asked Danbury Superior Court to issue a temporary injunction to

halt the projects until the lawsuits are heard. No action has been taken by

the court yet on the lawsuits or the injunction request.

Mr Baumer claims the Borough Zoning Commission acted illegally when it voted

to allow construction of the 22,000-square foot addition. The Baumers claim

that the addition and the planned parking lot for 80 cars will decrease the

value of their 1823 wood frame house by about 20 percent.

In the application for the restraining order, Attorney Carreira said the

library project will violate the standards set forth in the Borough zoning

regulations by promoting congestion in the streets, compromising light and air

to the plaintiff, overcrowding the land, and failing to serve the value of

such buildings as the Baumer's house.