INVESTIGATION AND AUDIT COMMITTEE
TOWN COUNCIL MAJORITY OFFICE
OCTOBER 28, 2008
PRESENT William P. Horan, Jr., Chair; Councillors Barbara Rossi and Donald H. Pitkin
ALSO
PRESENT Melody Currey, Mayor
Councillor Eric Thompson (arrived 5:42 p.m.)
Jon Searles (with camera)
CALL TO ORDER
The Chair called the meeting to order at 5:36 p.m.
APPROVAL OF MINUTES
September 23, 2008 Meeting
MOTION By Don Pitkin
seconded by Barbara Rossi
to approve the minutes of the September 23, 2008 meeting.
Motion carried 3/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
NEW BUSINESS
None
OLD BUSINESS
Non-compliance with Town Charter and Applicable State Statutes
Councillor Rossi referred to the opinion of Corporation Counsel Scott Chadwick dated October 28, 2008 which responds to Councillor Pitkin’s memorandum of October 6, 2008, both documents to be made part of the minutes. Councillor Rossi initiated a general discussion of the two opinions, which make differing conclusions. Councillor Pitkin opined that the Town Charter is not being followed. Councillor Rossi noted that Corporation Counsel provided his opinion that the Town Charter is not being violated by procedures presently being utilized. Chair Horan noted that the opinion from Corporation Counsel Chadwick is a legal opinion based on law, and that the Corporation Counsel so stated in the closing paragraph of the opinion.
MOTION By Barbara Rossi
seconded by Bill Horan
to take no further action on the issue of Councillor Pitkin’s
alleged violations of the Town Charter, and to consider the
matter closed pursuant to the legal opinion of Corporation
Counsel Scott Chadwick dated October 28, 2008.
Further discussion, after the motion was made and seconded, was initiated by Councillor Pitkin, who highlighted various and specific allegations of violations and/or non-compliance with the requirements of the Town Charter. Councillor Pitkin provided an organizational chart, which shall also be make part of the minutes, which he opines supports his allegations of Charter non-compliance. Mayor Currey noted that numerous opinions from Corporation Counsels and the State’s Attorney have concluded that the procedures are not violative of the Town Charter, and that it would cost a great deal of money to amend the procedure to do what Councillor Pitkin wants to do. Councillor Pitkin says he just wants the Charter changed.
Motion carried 2/1. Nay: Pitkin
Chair Horan, at the request of Councillor Pitkin, will have the minutes with all referenced materials sent to the members of the Town Council, the Corporation Counsel and the Mayor.
ADJOURNMENT
MOTION By Barbara Rossi
seconded by Bill Horan
to adjourn at 6:10 p.m.
Motion carried 3/0.
C: Town Council
Mayor Currey
Scott Chadwick, Corporation Counsel
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