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09-23-08 Investigation & Audit Subcommittee
INVESTIGATION AND AUDIT COMMITTEE

TOWN COUNCIL MAJORITY OFFICE

SEPTEMBER 23, 2008

PRESENT         William P. Horan, Jr., Chair, Councillors Barbara Rossi (arrived 5:41 p.m.) and Donald H. Pitkin

ALSO            Melody Currey, Mayor
PRESENT         Michael Walsh, Finance Director
                Scott Chadwick, Corporation Counsel
                Marc Weinberg, Town Councillor


CALL TO ORDER

The Chair called the meeting to order at 5:38 p.m.


APPROVAL OF MINUTES

April 8, 2008 Meeting

MOTION  By Don Pitkin
seconded by Bill Horan
to approve the minutes of the April 8, 2008 meeting.
Motion carried 2/0.

OPPORTUNITY FOR RESIDENTS TO SPEAK  

None


NEW BUSINESS

None


OLD BUSINESS

Non-compliance with Town Charter and Applicable State Statutes

Councillor Pitkin noted that in taking our Oath of Office we as Town Council members agreed to uphold the Town Charter and Town Code of Ordinances, and also that Municipal Charters are subordinate to State Statutes.  Mr. Pitkin discussed the various points of his March 12, 2008 memorandum to Corporation Counsel Scott Chadwick, and took the position that the Town Charter is not being followed in various ways as outlined in his letter.

Corporation Counsel Scott Chadwick referenced his letter of February 16, 2007 to Councillor Pitkin referencing prior opinions by State’s Attorney James Thomas and former Corporation Counsel Janis Small opining that the Town Charter is not being violated by the specified actions referenced by Councillor Pitkin.

A general discussion of the Town Charter, the relevant Connecticut General Statutes, and the myriad of documents relevant to the issue from 2003 through the present was undertaken.  Chair Horan recommended that Councillor Pitkin explain in a writing with specificity what conduct or lack of conduct he claims is violative of the Charter and/or statutes, and what conduct he believes needs to take place in those specific circumstances in order for there to be compliance with existing Charter provisions and statutes.  This writing should be provided to the Committee members before the next Committee meeting, whereupon the Committee members will review same and have another meeting on October 28, 2008 to discuss the issue.

No further action taken at this time.



ADJOURNMENT

MOTION        By Don Pitkin
                      seconded by Barbara Rossi
                      to adjourn at 6:21 p.m.
                      Motion carried 3/0.




C:  Town Council
     Mayor Currey
     Michael Walsh, Finance Director
     Scott Chadwick, Corporation Counsel