Petition calls for North Stonington town meeting that could change election procedure
North Stonington — Members of the Board of Selectmen on Thursday are expected to set a special town meeting for Sept. 14 to discuss two potential new ordinances.
The first, if passed, could alter election procedure in the non-chartered town of North Stonington in time for this year's election.
Currently, per state statutes Section 9-188, a candidate who runs for first selectman and loses can become a regular selectman if he or she receives more votes than the others running for selectman.
In an Aug. 21 petition, 28 residents including circulator Bill Ricker requested the selectmen to call a town meeting that could change that.
At the meeting, signers want residents to discuss and decide whether to create an ordinance that would make votes for a first selectman candidate count for that office only.
At Tuesday night's selectmen meeting, First Selectman Nick Mullane called passage of the ordinance a "no-brainer," citing a bulleted Sept. 1 opinion letter from Thomas Londregan, an attorney with the New London-based firm of Conway, Londregan, Sheehan & Monaco.
In it, Londregan writes that an exception written into Section 9-188 — "unless otherwise provided by special act, charter or ordinance" — means that "North Stonington may pass an ordinance to 'opt out' of the requirements."
Selectman Bob Testa pointed out that Londregan's advice contradicts that which Frank Eppinger, acting as attorney for the town, provided last year.
In Eppinger's written opinion, dated Jan. 8, 2014, he declared the town "does not have the lawful authority" to implement an ordinance that would override the existing Section 9-188 provision.
He wrote that he reviewed the legislative history of Section 9-188, the Home Rule Act and The Connecticut Town Meeting booklet before coming to his decision.
Mullane said he believes Eppinger did not have at his disposal a 1999 Office of Legislative Research report that explains how Section 9-188 came to read "unless otherwise provided by special act, charter or ordinance" rather than "unless otherwise provided by law."
The point of the change, which occurred in 1979, was to allow "even towns without a charter to decide for themselves whether to allow the losing first selectman candidate to become a member of the board," according to the OLR report.
Eppinger could not be reached for comment.
Testa on Tuesday night also called into question the timing of the petition: Election Day is two months away.
Mullane said there is no specific rule governing when such an ordinance could be enacted.
Londregan wrote only that an ordinance enacted at a town meeting would become effective 15 days after publication in a qualifying newspaper.
In his emailed opinion, Londregan offered to do more research and write a more complete opinion letter.
In November, Testa, who registered as an independent in July, will take on party-endorsed Republican Shawn Murphy for the first selectman seat.
Mullane, independent Tim Main II and incumbent Democrat Selectman Mark Donahue will vie for the two selectmen spots.
The second item to be discussed at the impending town meeting is whether to adopt an ordinance that would prevent those with delinquent property taxes from getting building permits or certificates of occupancy.
Written into the potential ordinance is an exception that allows the town building official to hand out permits or certificates if withholding them "would endanger public health and safety."
The meeting is slated to occur at 7 p.m. The location has not yet been set.
Twitter: @LindsayABoyle
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