STATE ELECTIONS ENFORCEMENT COMMISSION
20 Trinity Street Hartford, CT 06106-1628
To track the status of the complaint.
Affidavit of Complaint
I, Roger C. Wise, am a resident of 3 Fox Run, Candlewood Isle, Town/City of New Fairfield, State of Connecticut 06812; and my Telephone Number is (203) 746-5492. I hereby allege and assert that the election laws of the State of Connecticut have been violated in the following manner, place and time, as specified below:
Recommendations: That the Commission Find Reason to Believe that certain members of the New Fairfield Board of Selectman, Republican Town Committee and Board of Education participated in the violations of the Connecticut General Statutes (CGS) §9-369b by using public funds, High School facility, Educational TV media access and salaries of the production studio personnel and recording secretary of the Board of Selectmen while a referendum was pending to advocate a particular outcome during a televised Board of Selectman meeting on December 11, 2008 at the New Fairfield High School Library between the hours of 7:00pm to 8:35pm. Subsequent violation of CGS §9-369b occurred when the recorded video production of that meeting was put into special rotation for airing on Charter Communications Local Educational Access Channel 17 while referendum was pending. Mr. John E. Hodge, First Selectman of New Fairfield, Connecticut committed multiple violations of CGS §9-369b by using the Local Educational Access Television channel to advocate a certain outcome of a pending referendum. Further, Mr. Hodge, First Selectman and Mr. Ronald R. Oliveri Selectman failed to warn the public by changing the Board of Selectman meeting agenda after the meeting began on December 11, 2008. Mr. Hodge change two agenda items #5 and #12 to a future Board of Selectman meeting replacing item #5 with a detailed discussion of the pending referendum. Mr. Hodge further advocated voting ‘yes’ to the pending referendum in extended commentary permitting Mr. Oliveri to selectively name resident letter writers allowing negative characterization of individuals and their letters of opposition to the pending referendum from the local New Fairfield/Sherman CT weekly newspaper Letters to the Editor and opposition advertisment and the reading of the editorial endorsement from the Danbury Newstimes a daily regional newspaper. Mr. Hodge over the objections of the minority selectman [Mr. Corbett] permitted Mr. Oliveri to continue to commit multiple violatons of CGS §9-369b advocating the pending referendum on a point-by-point basis letters in the local paper and reading into the official record a letter advocating the same from the Board of Education Chair. Mr. Hodge as Chair of the Board of Selectmen continued to permitted advocacy during the initial Public Comment in violation of §9-369b by certain members of the Town Republican Town Committee, several Board of Education members and other stakeholders.
SEEC Complaints should include the following:
• The legal name, address and telephone number of the individual filing the complaint.
• A clear and concise statement of the facts including:
1. The date of the alleged violation(s);
2. The identity of the person(s) alleged to have committed the violation(s);
3. The identity of any person(s) who may have knowledge of the facts asserted in the complaint; and
4. Any other document, written material or other information known to the complainant and having a bearing on the violation(s) alleged in the complaint.
Reference to Item 1 above: The critical dates are the Board of Selectman Special Meeting, Monday, November 24, 2008 setting in accordance with CGS the referendum date December 13, 2008.
Reference to Item 2 above: Each of individuals listed can be contacted at New Fairfield Town Hall, 4 Brush Hill Road, New Fairfield, CT 06812. Mr. John E. Hodge, Mr. Ronald R. Oliveri, Mr. Donald Blackwell, Mr. Ralph C. Langham, BOE, Karen Chance, BOE, Kim D. Hanson, BOE Chair [need to FOI the letter], Victor P. Flaggelo, BOE and Ray Juskiewicz, Channel 17 Producer and Board of Education and Town funded individual, www.newfairfield.org/content/60/default.aspx .
Stakeholders would include Ed McCue Fire Chief.
Reference to Item 3 above: The Charter Communications Cable franchise area reaches thousands of residents in several adjoining municipalities. The New Fairfield Local Educational Access Channel is broadcast on the Charter Communications Cable franchise as Channel 17. The Charter Communications Cable Franchise passes with service over an estimated 5,450 homes in the town of New Fairfield.
Reference to Item 4 above: This Affidavit of Complaint is joined by several other complainants each a New Fairfield resident. A single set of evidentiary materials are incorporated by reference including a video tape of the December 11, 2008 BOS Special Meeting, certified Posted Agenda, Citizen News publication date of December 10, 2008 [legal notice of Referendum], a copy of the letter Mr. Oliveri read into the BOS Special Meeting minutes of December 11, 2008, Board of Selectman Meeting of September 25, 2008, Board of Selectman meeting, November 13, 2008, Board of Selectman Special Meeting, November 24, 2008, Board of Selectman Meeting, November 25, 2008, Board of Selectman Regular Meeting, December 11, 2008 Agenda, Board of Selectman Regular Meeting, Agenda of Tuesday, December 23, 2008.
Political members and town officials of New Fairfield involved in this complaint:
I SOLEMNLY SWEAR (OR AFFIRM) THAT THE ABOVE STATEMENT IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Dated this 5, day of January, 2009 at New Fairfield.
Signed: _______Signed _____________________
Oath Administered By: ________Assistant Town Clerk _____________
Title: ______Assistant Town Clerk _____________
_____________________________________________________________________________________
Note: This oath may be administered by anyone authorized by Section 1-24 of the Connecticut General Statutes, which includes notaries public; justices of the peace, town clerks and assistant town clerks, judges and clerks of any court, and attorneys who are Commissioners of the Superior Court of Connecticut.
Sec. 9-369b. Local questions and proposals. Explanatory text. Expenditure of state and municipal funds to influence vote prohibited. Preparation and printing of certain materials permitted. Exception. Civil penalty. Summaries of arguments for, against local questions. (a) Except as provided in subsection (b) of this section, any municipality may, by vote of its legislative body, authorize the preparation and printing of concise explanatory texts of local proposals or questions approved for submission to the electors of a municipality at a referendum. In a municipality that has a town meeting as its legislative body, the board of selectmen shall, by majority vote, determine whether to authorize an explanatory text or the dissemination of other neutral printed material. Thereafter, each such explanatory text shall be prepared by the municipal clerk, subject to the approval of the municipal attorney, and shall specify the intent and purpose of each such proposal or question. Such text shall not advocate either the approval or disapproval of the proposal or question. The municipal clerk shall cause such question or proposal and such explanatory text to be printed in sufficient supply for public distribution and shall also provide for the printing of such explanations of proposals or questions on posters of a size to be determined by said clerk. At least three such posters shall be posted at each polling place at which electors will be voting on such proposals or questions. Any posters printed in excess of the number required by this section to be posted may be displayed by said clerk at the clerk's discretion at locations which are frequented by the public. The explanatory text shall also be furnished to each absentee ballot applicant pursuant to subsection (d) of section 9-140. Except as provided in subsection (d) of this section, no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval of any such proposal or question. Any municipality may, by vote of its legislative body and subject to the approval of its municipal attorney, authorize the preparation and printing of materials concerning any such proposal or question in addition to the explanatory text if such materials do not advocate the approval or disapproval of the proposal or question. This subsection shall not apply to a written, printed or typed summary of an official's views on a proposal or question, which is prepared for any news medium or which is not distributed with public funds to a member of the public except upon request of such member.
(b) For any referendum called for by a regional school district, the regional board of education shall authorize the preparation and printing of concise explanatory texts of proposals or questions approved for submission to the electors of a municipality at a referendum. The regional school board of education's secretary shall prepare each such explanatory text, subject to the approval of the regional school board of education's counsel, and shall undertake any other duty of a municipal clerk, as described in subsection (a) of this section.
(c) The State Elections Enforcement Commission, after providing an opportunity for a hearing in accordance with chapter 54, may impose a civil penalty on any person who violates subsection (a) or (b) of this section by authorizing an expenditure of state or municipal funds for a purpose which is prohibited by subsection (a) of this section. The amount of any such civil penalty shall not exceed twice the amount of the improper expenditure or one thousand dollars, whichever is greater. In the case of failure to pay any such penalty imposed under this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed. Notwithstanding the provisions of sections 5-141d, 7-101a and 7-465, any other provision of the general statutes, and any provision of any special act or charter, no state or municipal officer or employee shall be indemnified or reimbursed by the state or a municipality for a civil penalty imposed under this subsection.
(d) Any municipality may provide, by ordinance, for the preparation and printing of concise summaries of arguments in favor of, and arguments opposed to, local proposals or questions approved for submission to the electors of a municipality at a referendum for which explanatory texts are prepared under subsection (a) or (b) of this section. Any such ordinance shall provide for the establishment or designation of a committee to prepare such summaries, in accordance with procedures set forth in said ordinance. The members of said committee shall be representatives of various viewpoints concerning such local proposals or questions. The committee shall provide an opportunity for public comment on such summaries to the extent practicable. Such summaries shall be approved by vote of the legislative body of the municipality, or any other municipal body designated by the ordinance, and shall be posted and distributed in the same manner as explanatory texts under subsection (a) of this section. Each summary shall contain language clearly stating that the printing of the summary does not constitute an endorsement by or represent the official position of the municipality.
(P.A. 75-349, S. 1; P.A. 79-363, S. 28, 38; P.A. 81-434, S. 4; P.A. 84-94, S. 2; P.A. 86-179, S. 47, 53; P.A. 88-230, S. 12; P.A. 89-159, S. 1, 2; P.A. 90-98, S. 1, 2; 90-156, S. 10, 11; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 00-92, S. 15; June Sp. Sess. P.A. 00-1, S. 44, 46; P.A. 01-26, S. 8; P.A. 04-117, S. 1.)
History: P.A. 79-363 added provision for explanatory text to be furnished to absentee ballot applicants; P.A. 81-434 deleted the words "an election" and inserted the words "a referendum" in their place; P.A. 84-94 added prohibition of expenditure of state funds to influence vote for approval or disapproval; P.A. 86-179 made technical changes; P.A. 89-159 designated existing provisions as Subsec. (a), amended Subsec. (a) to prohibit expenditure of municipal funds to influence vote on proposal or question and by adding provision re exceptions to this Sec. and added Subsec. (b) authorizing elections enforcement commission to impose civil penalty. (Note: P.A. 88-230 authorized substitution of the phrase "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1989 public and special acts, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993); P.A. 90-156 added Subsec. (c) re authorization for summaries of arguments for and against local proposals and questions; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 00-92 amended Subsec. (a) to permit a municipality, by vote of its legislative body and subject to approval of its municipal attorney, to authorize the preparation and printing of materials concerning a proposal or question if such materials do not advocate approval or disapproval; June Sp. Sess. P.A. 00-1 changed effective date of P.A. 00-92, S. 15 from October 1, 2000, to May 26, 2000, effective June 21, 2000; P.A. 01-26 made a technical change in Subsec. (a) for purposes of gender neutrality; P.A. 04-117 amended Subsec. (a) to add exception for provisions of Subsec. (b), provide for procedure to authorize the preparation of texts in a municipality that has a town meeting as its legislative body and make a technical change, added new Subsec. (b) re authorization and preparation of texts for referendum called for by a regional school district and redesignated existing Subsecs. (b) and (c) as new Subsecs. (c) and (d), respectively, making technical changes therein, effective May 21, 2004.
Expenditure of public funds to print and distribute pamphlet discussing a referendum on proposed budget of regional school district violated the statute. 249 C. 296. Statute is not unconstitutionally vague. Id.
1. The date of the alleged violation(s);
2. The identity of the person(s) alleged to have committed the violation(s);
3. The identity of any person(s) who may have knowledge of the facts asserted in the complaint; and
4. Any other document, written material or other information known to the complainant and having a bearing on the violation(s) alleged in the complaint.
Reference to Item 1 above: The critical dates are the Board of Selectman Special Meeting, Monday, November 24, 2008 setting in accordance with CGS the referendum date December 13, 2008.
Reference to Item 2 above: Each of individuals listed can be contacted at New Fairfield Town Hall, 4 Brush Hill Road, New Fairfield, CT 06812. Mr. John E. Hodge, Mr. Ronald R. Oliveri, Mr. Donald Blackwell, Mr. Ralph C. Langham, BOE, Karen Chance, BOE, Kim D. Hanson, BOE Chair [need to FOI the letter], Victor P. Flaggelo, BOE and Ray Juskiewicz, Channel 17 Producer and Board of Education and Town funded individual, www.newfairfield.org/content/60/default.aspx .
Stakeholders would include Ed McCue Fire Chief.
Reference to Item 3 above: The Charter Communications Cable franchise area reaches thousands of residents in several adjoining municipalities. The New Fairfield Local Educational Access Channel is broadcast on the Charter Communications Cable franchise as Channel 17. The Charter Communications Cable Franchise passes with service over an estimated 5,450 homes in the town of New Fairfield.
Reference to Item 4 above: This Affidavit of Complaint is joined by several other complainants each a New Fairfield resident. A single set of evidentiary materials are incorporated by reference including a video tape of the December 11, 2008 BOS Special Meeting, certified Posted Agenda, Citizen News publication date of December 10, 2008 [legal notice of Referendum], a copy of the letter Mr. Oliveri read into the BOS Special Meeting minutes of December 11, 2008, Board of Selectman Meeting of September 25, 2008, Board of Selectman meeting, November 13, 2008, Board of Selectman Special Meeting, November 24, 2008, Board of Selectman Meeting, November 25, 2008, Board of Selectman Regular Meeting, December 11, 2008 Agenda, Board of Selectman Regular Meeting, Agenda of Tuesday, December 23, 2008.
Political members and town officials of New Fairfield involved in this complaint:
- Mr. John E. Hodge, First Selectman, Republican Town Committee member
- Mr. Ronald R. Oliveri, Selectman, Republican Town Committee member]
- Mr. Thomas M. Corbett, minority Selectman
- Victor P. Flagello, Board of Education member
- Kim D. Hanson, Board of Education Chair, Republican Town Committee member
- Ralph C. Langham, Board of Education member, Republican Town Committee member
- Karen Chance, Board of Education member, Republican Town Committee member
- Paul Bruno, member of the Permanent Building Committee, Planning Commission, Republican Town Committee
- Ed McCue, Fire Chief, stakeholder
I SOLEMNLY SWEAR (OR AFFIRM) THAT THE ABOVE STATEMENT IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Dated this 5, day of January, 2009 at New Fairfield.
Signed: _______Signed _____________________
Oath Administered By: ________Assistant Town Clerk _____________
Title: ______Assistant Town Clerk _____________
_____________________________________________________________________________________
Note: This oath may be administered by anyone authorized by Section 1-24 of the Connecticut General Statutes, which includes notaries public; justices of the peace, town clerks and assistant town clerks, judges and clerks of any court, and attorneys who are Commissioners of the Superior Court of Connecticut.
Sec. 9-369b. Local questions and proposals. Explanatory text. Expenditure of state and municipal funds to influence vote prohibited. Preparation and printing of certain materials permitted. Exception. Civil penalty. Summaries of arguments for, against local questions. (a) Except as provided in subsection (b) of this section, any municipality may, by vote of its legislative body, authorize the preparation and printing of concise explanatory texts of local proposals or questions approved for submission to the electors of a municipality at a referendum. In a municipality that has a town meeting as its legislative body, the board of selectmen shall, by majority vote, determine whether to authorize an explanatory text or the dissemination of other neutral printed material. Thereafter, each such explanatory text shall be prepared by the municipal clerk, subject to the approval of the municipal attorney, and shall specify the intent and purpose of each such proposal or question. Such text shall not advocate either the approval or disapproval of the proposal or question. The municipal clerk shall cause such question or proposal and such explanatory text to be printed in sufficient supply for public distribution and shall also provide for the printing of such explanations of proposals or questions on posters of a size to be determined by said clerk. At least three such posters shall be posted at each polling place at which electors will be voting on such proposals or questions. Any posters printed in excess of the number required by this section to be posted may be displayed by said clerk at the clerk's discretion at locations which are frequented by the public. The explanatory text shall also be furnished to each absentee ballot applicant pursuant to subsection (d) of section 9-140. Except as provided in subsection (d) of this section, no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval of any such proposal or question. Any municipality may, by vote of its legislative body and subject to the approval of its municipal attorney, authorize the preparation and printing of materials concerning any such proposal or question in addition to the explanatory text if such materials do not advocate the approval or disapproval of the proposal or question. This subsection shall not apply to a written, printed or typed summary of an official's views on a proposal or question, which is prepared for any news medium or which is not distributed with public funds to a member of the public except upon request of such member.
(b) For any referendum called for by a regional school district, the regional board of education shall authorize the preparation and printing of concise explanatory texts of proposals or questions approved for submission to the electors of a municipality at a referendum. The regional school board of education's secretary shall prepare each such explanatory text, subject to the approval of the regional school board of education's counsel, and shall undertake any other duty of a municipal clerk, as described in subsection (a) of this section.
(c) The State Elections Enforcement Commission, after providing an opportunity for a hearing in accordance with chapter 54, may impose a civil penalty on any person who violates subsection (a) or (b) of this section by authorizing an expenditure of state or municipal funds for a purpose which is prohibited by subsection (a) of this section. The amount of any such civil penalty shall not exceed twice the amount of the improper expenditure or one thousand dollars, whichever is greater. In the case of failure to pay any such penalty imposed under this subsection within thirty days of written notice sent by certified or registered mail to such person, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to pay the penalty imposed. Notwithstanding the provisions of sections 5-141d, 7-101a and 7-465, any other provision of the general statutes, and any provision of any special act or charter, no state or municipal officer or employee shall be indemnified or reimbursed by the state or a municipality for a civil penalty imposed under this subsection.
(d) Any municipality may provide, by ordinance, for the preparation and printing of concise summaries of arguments in favor of, and arguments opposed to, local proposals or questions approved for submission to the electors of a municipality at a referendum for which explanatory texts are prepared under subsection (a) or (b) of this section. Any such ordinance shall provide for the establishment or designation of a committee to prepare such summaries, in accordance with procedures set forth in said ordinance. The members of said committee shall be representatives of various viewpoints concerning such local proposals or questions. The committee shall provide an opportunity for public comment on such summaries to the extent practicable. Such summaries shall be approved by vote of the legislative body of the municipality, or any other municipal body designated by the ordinance, and shall be posted and distributed in the same manner as explanatory texts under subsection (a) of this section. Each summary shall contain language clearly stating that the printing of the summary does not constitute an endorsement by or represent the official position of the municipality.
(P.A. 75-349, S. 1; P.A. 79-363, S. 28, 38; P.A. 81-434, S. 4; P.A. 84-94, S. 2; P.A. 86-179, S. 47, 53; P.A. 88-230, S. 12; P.A. 89-159, S. 1, 2; P.A. 90-98, S. 1, 2; 90-156, S. 10, 11; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 00-92, S. 15; June Sp. Sess. P.A. 00-1, S. 44, 46; P.A. 01-26, S. 8; P.A. 04-117, S. 1.)
History: P.A. 79-363 added provision for explanatory text to be furnished to absentee ballot applicants; P.A. 81-434 deleted the words "an election" and inserted the words "a referendum" in their place; P.A. 84-94 added prohibition of expenditure of state funds to influence vote for approval or disapproval; P.A. 86-179 made technical changes; P.A. 89-159 designated existing provisions as Subsec. (a), amended Subsec. (a) to prohibit expenditure of municipal funds to influence vote on proposal or question and by adding provision re exceptions to this Sec. and added Subsec. (b) authorizing elections enforcement commission to impose civil penalty. (Note: P.A. 88-230 authorized substitution of the phrase "judicial district of Hartford" for "judicial district of Hartford-New Britain" in 1989 public and special acts, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993); P.A. 90-156 added Subsec. (c) re authorization for summaries of arguments for and against local proposals and questions; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 00-92 amended Subsec. (a) to permit a municipality, by vote of its legislative body and subject to approval of its municipal attorney, to authorize the preparation and printing of materials concerning a proposal or question if such materials do not advocate approval or disapproval; June Sp. Sess. P.A. 00-1 changed effective date of P.A. 00-92, S. 15 from October 1, 2000, to May 26, 2000, effective June 21, 2000; P.A. 01-26 made a technical change in Subsec. (a) for purposes of gender neutrality; P.A. 04-117 amended Subsec. (a) to add exception for provisions of Subsec. (b), provide for procedure to authorize the preparation of texts in a municipality that has a town meeting as its legislative body and make a technical change, added new Subsec. (b) re authorization and preparation of texts for referendum called for by a regional school district and redesignated existing Subsecs. (b) and (c) as new Subsecs. (c) and (d), respectively, making technical changes therein, effective May 21, 2004.
Expenditure of public funds to print and distribute pamphlet discussing a referendum on proposed budget of regional school district violated the statute. 249 C. 296. Statute is not unconstitutionally vague. Id.
