Norwalk Charter Revision Commission Revisits BET Membership Proposal, Clears Conflict Concern

NORWALK, Conn. — The Norwalk Charter Revision Commission on Aug. 12 voted 5-3 to recommend a charter change allowing the Common Council to appoint a nonvoting representative to the Board of Estimate and Taxation (BET) through an ordinance.

The proposal would give the council authority to “designate a member of the legislative body to represent the council as an ad hoc nonvoting member of the Board of Estimate and Taxation,” with the appointment made by the council president and “subject to approval by a majority vote of the Council for a term commencing on the first day of February,” according to charter consultant Steven Mednick.

Mednick said the new approach differed from past proposals because “without a charter provision, they could not do this,” and the ordinance route “does invoke a new public process” that could include a mayoral veto.

Commissioner Ed Camacho, who currently serves on the BET, opposed the measure, saying, “It sounds like the same thing, sort of coming in through the back door… it raises the issue of the two bites at the apple… One of the reasons that the BET is so respected in this town… is because of its independence. And… to add a member of the Common Council, albeit a nonvoting member on the BET… there is suddenly the appearance of a lack of independence.”

Commissioner John Levin disagreed, saying, “I’m hard pressed to see how this appointment… compromises the independence of the BET. It does not change the voting dynamic. It may compromise the privacy of the BET, but definitely not the independence.”

Fairbairn noted, “The difference… last time we considered a voting or a nonvoting member that the charter would have mandated… Now… the council can create an ordinance… There would be a public process.”

Before the debate, the commission addressed whether Camacho’s simultaneous service on the BET and the commission constituted a conflict of interest. Mednick said he reviewed the code of ordinances and consulted Corporation Counsel Mario Coppola, concluding, “There is no personal conflict in a member of another body serving on the charter commission, any more than there would be with a council member serving on the charter commission.”

In other business, the commission unanimously approved removing a sentence from the controller’s responsibilities. Mednick read the sentence to be deleted: “Retention and upkeep of the complete books of records and accounts showing the financial conditions of the city and all financial transactions, including all districts of the city, but more especially, those districts which are not under the supervision of the district commissioners, as provided in this charter.”

“That’s the reason for the deletion of the provision,” Mednick said. “They have no responsibility for dealing with any districts through the controller’s office.”

The Aug. 12 meeting was held in two sections, one as a special session to handle items that could not be added to the regular meeting agenda due to posting requirements.