QUESTION 1

Explanatory Text (from Town Clerk)

The existing Charter does not allow the RTM to retain its own legal counsel. This amendment would allow the RTM to retain its own legal counsel upon the affirmative vote of a super majority of at least 77.5% of its entire membership. Based on the current 40-member RTM, a vote of 31 RTM members would be required for the RTM to retain its own legal counsel. 

Current Charter Language

There is no language in the current charter that specifically gives this power to the RTM. The following language in the current charter speaks to who is the legal advisor, counsel, and attorney for the Town. No changes are being recommended to this language:

Article IX  (Appointed Officers)
9.3. Town Attorney.
C. Duties. The Town Attorney shall:
(1) Be the legal advisor of, and counsel and attorney for, the Town and all Town departments and Town officials, providing all necessary legal services in matters relating to the Town's interests or the official powers and duties of the Town officials;

Proposed Language (new)

§ 4.1. Representative Town Meeting. 

    C. Legal Counsel. The RTM shall have the power to retain its own counsel upon affirmative vote of at least 77.5% of the entire membership. 

F4GG Comments

The Charter Revision Commission based the proposed language and percentage on provisions in Stamford's charter for its Board of Representatives. There were two primary reasons this change was proposed by RTM members:

• As the legislative body, the RTM membership traditionally feels that they do not have access to the legal support they need to do its job (legislate)

• Some RTM members stated that, because the Town Attorney is appointed by the First Selectman, the position can be subject to political influence and emphasized the importance of having the option to obtain a second, independent legal opinion

This is a complicated proposal as the intention of the proposal is a good one - to ensure the RTM has the legal resources to do its job efficiently, effectively, and independently, free from the political influence of the First Selectman. 

However, there were several concerns raised during consideration and debate:

Concern #1 - how and who pays

There was concern raised and debate during the consideration process about how this power will be exercised and what budget would be used to pay for the additional legal expense. Those details were never resolved during discussions.

Concern #2 - potential for political abuse 

The primary discussion around this topic was whether it would be politicized by one party challenging the legal opinion of the Town Attorney hired by the First Selectman of a different party. The high percentage was included to minimize that potential. However, when one party has the majority on the RTM as well as is the party of the First Selectman, this high number doesn't help the minority party obtain a second opinion.

Concern #3 - conflict with current charter?

2. Section 9.3.C.(1) of the Town Charter states that the Town Attorney "shall be the legal advisor of, and counsel and attorney for, the Town..., providing all necessary legal services in matters relating to the town's interests or the official powers and duties of the Town officials." There question was raised as to whether the proposed language is in direct conflict with this section of the current charter.

Concern #4 - this is a management issue

The fact that the RTM has been unable to obtain legal resources when requested is a management issue. The RTM is the legislative branch of Town government. Legal resources should be a priority. The Town could assign an assistant town attorney to the RTM instead of having the Town Attorney have that responsibility as well as all other legal responsibilities.

F4GG Recommendation

F4GG believes this change is going to create more confusion and problems than it will solve. F4GG recommends voting NO on this change and instead contacting the First Selectman’s office and your RTM representatives to request that the RTM be given its own budget within the Town budget, including a line item for legal expenses. The RTM does not have a budget currently.