Sunday, October 31, 2010

Charter Revision Question #3

This is the fifth in a seven part series regarding the Charter Revision Questions that will be on the Waterbury ballot on Tuesday. Remember that Questions 1 and 2 will be on the front of the ballot, while Questions 3 through 8 will be on the back of the ballot.
QUESTION 3:

Shall the Charter be revised to (1) eliminate the elected positions of City Clerk and Town Clerk; (2) substitute therefor a city clerk and town clerk each appointed for a term of five years pursuant to the procedure for appointment of department heads set forth in Chapter 7, Part A, of the Charter; and (3) provide the city clerk and town clerk the option each to appoint a deputy clerk in accordance with civil service procedures?

This revision is proposed for three reasons: (1) the duties of these positions involve recording the actions of those who set policy and preserving necessary and important records; they do not involve establishing policy or setting political direction, and, therefore, should be removed from political influences as much as possible; (2) the two-year cycle for holders of these positions is detrimental to the efficient and effective functioning of these offices; and (3) the training for state certification for the town clerk takes approximately three years to complete and only individuals already working in the capacity of town clerk can take the required courses.

When this issue came before the Charter Revision Commission we saw an opportunity to streamline government and remove for the highly contentious political arena two positions that have no executive or legislative power within the City of Waterbury.

As we researched this issue we found some very interesting facts about the positions of Town Clerk and City Clerk. One thing that is important to remember is that state law requires all towns and cities have a Town Clerk. The role of the Town Clerk and the steps for their removal are clearly stated in state law. Also, while we did find that 73 of 105 towns surveyed have elections for their Town Clerks, only eight of those elections are regularly contested. Therefore, out of 105 Town Clerks, 97 of them face little to no political scrutiny in their towns.

We also discovered a rather interesting quirk in state law regarding the position of Town Clerk. For a Town Clerk to earn a State of Connecticut certification, they must complete five courses. These courses are offered every six months and only one course at a time. Therefore, to complete the certification process takes AT LEAST two and a half years! Also, you can only take the certification classes if you are currently working in a Town Clerks office.

This means that, under the current system, the Town Clerk needs to be elected and re-elected at least once to complete the classes. Therefore, unless you have a Town Clerk who is forward thinking, like Mrs. Spinelli, and has their assistants take the certification classes, a town who keeps the Town Clerk an elected position is likely to have a revolving door of Town Clerks who have to learn on the job.

As we have approached election some interesting arguments have arisen about why this question should be rejected. A few of the arguments raised are valid; however, most are based on fear tactics, and in one case, an outright lie.

The one valid argument that I have regularly heard is that the citizens of Waterbury should have the opportunity to vote for as many City Officials as possible. I can understand this argument and would consider supporting it if we were discussing officials that have legislative or executive authority.

However, the only time the City Clerk and Town Clerk have even been considered to have any of sort of authority is during the 2007 mayoral campaign of Alderman Odle. During that campaign, the candidates for City Clerk (Mrs. Karen Mulcahy) and Town Clerk (Alderman DePillo) spoke frequently of running the city as a “triumvirate”. While I applaud their desire to work as a team, by doing so Mrs. Mulcahy and Alderman DePillo would have been stepping far beyond their roles as City Clerk and Town Clerk.

Another argument that I have heard against this question is based on the fear-mongering that has become the standard fare from Alderman DePillo. With little to no justification, Alderman DePillo is trying to scare the citizens of Waterbury into voting against this question with veiled threats of voter fraud and intimidation being committed by future Town Clerks and City Clerks. Alderman DePillo bases these accusations of what MIGHT happen on the fact that the City Clerk is the person who receives and verifies all ballot petitions and the Town Clerk is the person who handles absentee ballots.

In the past ten years there has been no evidence or incidents to support any claims of mismanagement against our Town Clerk, and only one incident against our City Clerks who have served during that time. That singular issue revolved around some petitions that were misplaced, and I believe they were only misplaced temporarily. Also, our current City Clerk, Mr. Mike Dalton, is two people removed from that incident in 2004.

Furthermore, our City Clerk is responsible for maintaining the records of Waterbury’s many Boards and Commissions. As Mr. Dalton will show to anyone who asks, when he assumed the office in 2006, Waterbury’s historical records were in disastrous condition. It took a considerable effort by Mr. Dalton and his staff to restore and recover those historic records, some of which date back over 150 years.

Leaving the positions of Town Clerk and City Clerk in the hands of politicians who may be more interested in furthering their career instead of doing their job is just looking for trouble.

The final argument against the approval of this question is based on an outright lie.
Lie – an inaccurate or false statement.
The lie that has been spread to encourage rejection of this question is that, if the positions become appointed the salary of the Town Clerk and City Clerk with double or triple in size, with no recourse by the Board of Aldermen or the voters. I have heard Alderman DePillo say this several times. Whether he does this out of malice or ignorance is a question only he can answer.

I realize that calling something a lie is a strong statement and I do not make it lightly. However, if you look at the City Charter, you will find a section that is NOT being altered as a result of Tuesday’s election.

Section 2D-3
Compensation for the City Clerk and Town Clerk

Effective on December 1, 2005 the City Clerk and Town Clerk shall both be paid an annual salary in an amount equal to fifty (50%) percent of the salary of the Mayor. The salary of for the City Clerk and Town Clerk shall be adjusted only at the commencement of the Mayor’s Term of Office, to reflect any changes.

When you consider the above section, it becomes obvious that the only way for the salary of the City Clerk or Town Clerk to double, the salary of the Mayor would also have to double.

In conclusion, while there is a valid argument for maintaining accountability of our elected officials by frequent elections, I feel that argument best applies to those officials that have legislative or executive power. When you have positions that are nothing more than record keepers, I feel the need for consistency and competence outweighs the few potential political gains. That is why I support this issue, and encourage you to do the same.

As always, let me know if you have any questions.

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