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    Mark Brackenbury
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    3K views4 pages

    Wells Letter

    Uploaded by

    Mark Brackenbury

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 4
    BPR-ZO-CULL THU UGEDY AN GLOW A LAH Ure PHA mY, sooUrDIerae tue GOULD, LARSON, BENNET, WELLS & MCDONNELL, P.C. ATTORNYS ATLAW 20PLAINS ROAD, POSTORRCE BOX SH9 SEX, CONNECTICUT 16425. ‘egies Jones. Baer MicnasLJ, Weus Keynen). McDownou™ uo COPY rear: Rircumics a Porrer, Lc ‘March 16; 2011 866 Boston Post Road ‘Westbrook, CT 06498 Dear Noel, TeLeeHONE ae) 7675035, (teepsaraess vaconae say nerz2 ates. OM wes Jone. Larson a) You have raised x question concerning limitstions on persons holding more thas one pésition in town goverment, or on town employees holding postions fm town government, 1. Limitations on persons told more tia one povition int town governmeat, ‘There are statutory provisions directly on point. Connecticut General Statutes Section 9-210 provides in pertinent part as follows: No selectman shall hold the office of town clerk, town treasurer or collector of town taxes during the same official year, nor that of judge of probate for the district within which ‘such town is located; no town treasurer shall hold the office of collector of town taxes. during the same official year; nor shall any town clerk or selectman be elected a registrar of voters; and no registrar of voters shall hold the office of town clerk. No assessor shall act as a member of the board of assessineut appeals, No member of the board of finance of any town shall hold any salaried town office unless otherwise provided by special act, “There are also a series of limitations on miembers af land use commissions; for example, CGS Scction 8-Ib states that Zoning alternates cannot serve on the Zoning Board of Appeals or the Planning Commission; Section 8-1 1a prohibits ¢ zoning enforcement officer ftom being a member of the Zoning Board of Appeals; Section 8-19a, provides that Planning wltermtas cacnot serve on Zoning or on the Zoning Board of Appeals. 800/600'd es0H £4201 1102/21/90 rwo4y “ARIeCoreUEL tn U9FUU HT LEW UE UP UE PHA nu, IuvUNErE a Mr. Noe! Bishop Page2 2, Limitations on town employees serving on town boards and commissions, Connecticut General Statutes Seotion 7-421 (e) reads as follows: Any municipal employee shall have the right to serve on any governmental body of the towa in which such employee resides except any body which bas responsibility for direct supervision of such employee. Notwithstanding the provisions of this subsection, (1) n0 such employee shall serve en aay of the following unless such employee is parmitted to serve pursuant fo the provisions of « municipal charter or home rule ordinance or serves because of membership on the legislative body of the municipality: (A) Any board of finance created pursuant to chapter 106 or any special act or municipal charter; (B) any body oxeroising zoning powers pursuant to chepter 124 or any special act or municipal charter; (©) any body exercising land use powers pursuant to chapter 1258 or any special act or municipat charter; (D) any body exercising planning powers pursuant to chapter 126 or any special act or municipal charter; or (B) any body regulating inland wetlands and wateroourses pursuant to chapter 440 or any special ect or municipal charter. ‘Note that this could be addressed by ordinance, as subsection (2) of CGS 7-421(¢) provides for the possibility ofan exception: @ any municipality may, by ordinance adopted by its legislative body, authorize such “employees to sévve on (A) any body exercising zaniag power: pirsuant fo chapter 124 or any special ect or municipal charter; (B) any body exercising land use powers pursuant 10 chapter 125a or any special act or municipal charter; (C) any body exercising planning [powers pursuant to chapter 126 or any special act or municipal charter, or (D) any body regulating inland wetlands and watercourses pursuant to chapter 440 or any special act or munfefpal charter. ‘Note that, even under an ordinance, an employes may rict serve as a member of the Bown! of Finance, In this context, you have raised the specific question as to whether & Selectmen, which is a paid and elected positon, isi fact a municipal employes who would be barred from serving on the Zoning Commission, While the stetute referenced above does not define whether the term “punicipal employce” includes “elected officials”, CGS Section 7-425, inthe same chapter Section 7-421 but dealing with retirement, expressly includes both appointed and elected officils fn the definition of “municipal eruployee.” We are thus left with the conclusion that the intent of the entire chapter was to include all persons, either appointed or elected, who receive pay from ‘the municipality for work performed, as “munieipal employees.” Finally, you asked what the impact would bo: ‘on decisions of the Zoning Commission and/or the ‘Board of Selectmen in this instanes. Although the statutes are silent on this point, tis my opinion that it would provide farther: grounds for an appeal of any decision of the Zoning ‘Commission in which the Selectman pasticipated, and such decision could well be deemed void by the court as a result. It js also possible, but {oss likely, that any decision of the Selectman ‘could als be challenged in court. 900/p00'd ES08 = LL:O1 02/21/90 rwo4y (APR-2B-2U11 THU UYSUU Af LBW tM LAW Ure TUE PAK WU, BOUT Te19e Noel Bishop Page3 | tust this information is helpful to you andthe Board and please do not hestste to contact me ‘with any questious or concems. Very truly yours Michaet 1 mjwhme so0/s00d €soH = £t:0b L1gz/21/90 swoay APK~C8-2UL1 THU UBiDY AM GLUM 8 11 Lae UF IUE, PAK RW, reDure rea nou GOULD, LARSON, BENNET, WELLS & MCDONNELL, P.C.

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