QUESTION 5

Explanatory Text (from Town Clerk)

This would amend the Charter to require that the person appointed to the Board of Selectmen due to a vacancy during the first 18 months of a term to stand for election at the next municipal election for the remainder of the full 4-year term. 

Current Language

§ 6.3. Vacancies on the Board of Selectmen.
B. Method of filling vacancies on the Board of Selectmen. At any time a vacancy occurs on the Board of Selectmen, including First Selectman, a replacement, who shall be registered with the same political party as the person vacating the office, shall be designated by the remaining Selectmen. If the Selectmen designate one of themselves to fill the vacancy, they shall designate another elector to fill the vacancy of Selectman so created. If the vacancy is not filled within 30 days, the vacancy shall be filled in accordance with the procedure set forth in Chapter 146 of the General Statutes for filling vacancies in the office of selectman. 

Proposed Language (new)

§ 6.3. Vacancies on the Board of Selectpersons.
B. Method of filling vacancies on the Board of Selectpersons. At any time a vacancy occurs on the Board of Selectpersons, including First Selectperson, a replacement, who shall be registered with the same political party as the person vacating the office, shall be designated by the remaining Selectpersons. If the Selectpersons designate one of themselves to fill the vacancy, they shall designate another elector to fill the vacancy of Selectperson so created. Any Selectperson appointed pursuant to this Section 6.3B during the first 18 months of the term of office of the Selectperson being replaced shall stand for election at the next municipal election to fill the office for the remaining two years. If the vacancy is not filled within 30 days, it shall be filled in accordance with the procedure set forth in Chapter 146 of the General Statutes for filling vacancies in the office of selectman. 

F4GG Comments

In the 2006 charter revision, the Selectman term was changed from two years to four years. However, no language was added at that time to address the potential for a selectman to resign early in the four year term and the other two selectmen appoint a replacement within 30 days that could then serve for three plus years.  This topic was taken up late in the process by the 2022 Charter Revision Commission and taken up again by the most recent commission.   The Commission made the decision to recommend that if the vacancy occurred within the first 18 months and the Board of Selectmen filled the seat themselves, that the position would be on the ballot at the next municipal election.

While this change is an improvement over the current language, it does not provide the voters the opportunity to petition for a special election if the Board of Selectmen makes the appointment within 30 days.  The voters only have the opportunity to petition if a replacement is not made within 30 days. Voters in municipalities that solely follow Chapter 146 of the State Statutes have the opportunity to petition any time the other members fill the vacancy.

An example of the public taking advantage of the opportunity to petition is the current situation the Town is facing with an election in February 2026 for First Selectman. The public was able to petition because the Board of Selectmen did not appoint someone within 30 days (Board vote was split 1-1; more likely when members are of different parties as is the situation this year). If the Board of Selectmen had appointed a replacement within 30 days (more likely when the members on the board are of the same party and they must select someone from the opposite party), the public would not have had the opportunity to petition. 

Conversely, Selectman Spolyar was appointed by the remaining two selectmen within 30 days to fill the selectman vacancy created when Selectman Vitale was appointed First Selectman. In this situation, the public was not provided the opportunity to petition for a special election because the vacancy was filled within 30 days.

F4GG Recommendation

While F4GG is disappointed that the Charter Revision Commission did not add language to give the voters the ability to petition for a special election in all circumstances, this change gives more voice to the voters than the current language. Fairfielders for Good Government recommends voting yes on this question.