Jerry Shaw, September 7, 2023

It’s been said that revising the Branford town charter is the third rail of local politics.

The Branford town charter hasn’t been revised since 1960. There are no provisions in Branford’s charter (see Section 10) to force the town chief executive officer’s compliance with RTM-approved rules or ordinances. It renders the deliberations of the RTM’s Rules and Ordinances Committee mostly moot because the town CEO can decide not to enforce the provisions of the Representative Town Meeting’s deliberations, thus negating a democratic process.

We’ve recently seen several examples of this behavior. Noncompliance with a recent revision of the town forestry and tree warden code and refusal to enforce the town code governing tour boats in Stony Creek. Another questionable practice is the waiving of a fair and equitable contractor bidding process. See this BOS meeting where 3^rd selectman Ray Dunbar questions the practice.

Update January 28, 2025

Another reason to change our form of government

As a small town it is surprising that we tend to forget stuff; like the time town CEO Cosgrove replaced the Branford Wetlands Commission membership without consulting with 3rd Selectman, as documented by Marcia Chambers in a multiple series: https://www.newhavenindependent.org/article/costco_bows_out, https://www.newhavenindependent.org/article/cosgrove_confronted_over_inland_wetlands_appointments/, https://www.newhavenindependent.org/index.php/branford/entry/iwc_commissioners_/.

Quotes from the above links:

“Third Selectman Jack Ahern (retired Branford fire chief), the sole Democrat on the three-member board, said he was shut out of the appointment process and was not notified of the new nominees until Tuesday. He said it may be time to change the Town Charter to a new form of government, perhaps one with a mayor. He had asked for additional notice last month.”

“One woman said citizens should sign a petition requesting a referendum to table the appointments and create a more transparent and less political form of selecting people for critical boards and commissions. The town charter provides for a referendum.”

Other towns have revised their charters to remedy these flaws in the democratic process. Here’s what Westport’s town charter states: “§ C4-3. – Executive Powers of First Selectman.The First Selectman shall be the Chief Executive Officer of the Town. The First Selectman shall have the powers and duties vested in the office by the General Statutes and shall superintend the affairs of the Town, direct the administration of all departments and officers and be responsible for the faithful execution of all laws and ordinances governing the Town.”

There is another way to clean house in Branford – adopt a town manager form of government.

Branford isn’t the only Connecticut town that has considered this change, according to this Hartford Courant article. “The New England town meeting is a beautiful thing, the last bastion of direct democracy, but it is not suited to this era, and I don’t know how it can survive much longer,” said Gary Greenberg, first selectman of the small eastern Connecticut town of Scotland.

In a recent study on the forms of government in the state, Matt Knickerbocker, current Wilton town manager, states that “Town Meeting” (RTM) government provides broad access for public participation in a direct democratic process, but vulnerable to special interests if public participation is low.”  

Half of the 169 Connecticut towns have an RTM form of governance. Separation of powers is sometimes unclear.  Currently, there are 33 towns with town managers.

How can it happen?

By Vote at a Town Meeting CGS §§ 7-98 et seq., establishes the procedure by which municipalities with a board of finance may establish a town manager as CEO. The municipality must first hold a properly noticed vote at an annual or special town meeting on whether to do so (CGS § 7-100). If approved, the board of selectmen selects a candidate from a list the board of finance submits to it. Most of the board of selectmen’s powers and duties are then conferred to the town manager, who may hold office for three years or until a successor is appointed (CGS § 7-99). Municipalities that appoint a town manager under this law may revert to their former town management by a vote at an annual or special town meeting (CGS § 7-100).