Charter Revision Question #1

This is the seventh and final installment 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 1:

Shall the Charter be revised to clarify the City’s reservation of rights and alternative remedies in enforcing its rights under the Charter?

This revision involves sections of the Charter that provide mechanisms for the City to enforce various rights. In many instances, there may be more effective or practical alternatives under state or federal law. The proposed language clarifies the City’s right to pursue alternative or multiple options under §§1B-5 and 3C-1 and adds a new §11G pertaining to §§11A, 11B, and 11C.

Like the last two questions on this year’s ballot, this questions in mostly cosmetic in nature. However, unlike Questions #7 and #8, there is some substance to the changes proposed.

In the current Charter there are a few sections that state what power the Charter has in comparison to State and Federal laws, one example of this is in Section 1B-5. Section 1B-5 deals with the City’s ability to impose Liens for Assessments, Water Charges, Sewer Charges, and Other Charges.

In the current language the section begins as follows:

“In the alternative to any powers conferred by the General Statutes, the City may proceed as set forth in this section.”

If this question is approved, the beginning of this section would be changed to:

“In addition to or in the alternative to any and all powers conferred by federal and state law, constitutions, statutes and regulations, and, in addition to or in the alternative to, without limiting Ordinance provisions regarding the collection and lien practices and methods of the City of Waterbury, the City may proceed as set forth in this section.”

After studying the language, my understanding is that the original section states that the City Charter supersedes anything that may be listed in State Law.

While the new language still allows the City Charter to stand in over State Law on certain issues, it also allows the City to employ State or Federal laws that may be more effective or efficient than what is in the City Charter.

In the end, approval of this question allows the City to improve the way it enforces its laws and regulations. Also, approval of this question will have little impact on our daily lives.

This concludes my series of posts on the Charter Revision Questions. It is my hope that these segments have allowed you to make an informed decision on these important issues. While I am supporting all eight questions, I realize that some of you may disagree. That is fine, as long as our disagreements are based on truth.

If you have any questions, let me know.