Planning commission election not valid

Old Lyme - A Democrat who was elected to a land-use board on Nov. 8 has learned that his election is not valid, according to a legal opinion from the town attorney that outgoing First Selectman Timothy Griswold shared at Monday's Board of Selectmen meeting, his last.

Edgar Butcher was elected to serve on the Planning Commission for a term expiring on November 2013. But the town learned two days after Election Day that the commission already had someone filling that term - Stephen Martino.

That's because the commission had voted in February to have Martino fill a vacancy left behind by Connie Kastelowitz's resignation. It's a move the commission can make under Connecticut General Statutes Sec. 8-19, according to a Nov. 15 letter from Town Attorney Marilyn C. Clarke to Eileen Coffee, the town clerk.

But no one notified Coffee of the vote to fill the vacancy, leading to the confusion.

"Sec. 8-19 is quite clear that a Planning Commission's members shall select a replacement for a regular member who has resigned …" Clarke wrote. "The election of a replacement for the former Planning Commission member in the 2011 municipal election should therefore be declared null and void because the electorate had no authority to vote on that replacement."

Bonnie Reemsnyder, who today takes office as the new first selectman, said after the selectmen's meeting that Democratic Town Committee Chairman David Woolley would seek a second legal opinion.

Monday was Griswold's last meeting as first selectman, a post he's held for 14 years. As the candidate with the fewest votes in the race for first selectman and Board of Selectmen, Griswold failed to earn a seat on the board.

At Monday's meeting, chairmen of both parties' town committees and others, including state Rep. Marilyn Giuliano, R-Old Saybrook, thanked Griswold for his service.

Bud Canaday, Tim's first campaign manager, recalled nominating Griswold for first selectman 14 years ago.

"I told people that Tim would take good care of the town of Old Lyme," Canaday said. "Indeed, he has. Thank you, Tim."

Griswold said he enjoyed his tenure as chief elected official of this town of about 7,000 residents.

"It's really been a wonderful job because you run across a lot of different people," Griswold said. "No day is the same as other days."

j.cho@theday.com