Marlborough Board of Selectmen, SUED!
WILFRED D. HODGE VS The BOARD OF SELECTMEN OF THE TOWN OF MARLBOROUGH CONNECTICUT
NOW THEREFORE, it is ordered that the defendant [(BOS of Marlborough CT)] be summoned to appear before the Superior Court for the Judicial District of Hartford at Hartford (95 Washington Street, Hartford, CT) on October 26, 2009 and there to show cause why a temporary injunction should not issue against it as prayed for in the foregoing complaint and application.
Dated 10/09/09 at Hartford, Connecticut.
The Complaint:
…
21.To date, the BOS has not called a Town Meeting to act on the enactment of a veterans’ tax exemption allowed pursuant to CGS § 12-81(21)(C).
22.The BOS did not undertake any substantial discussion related to the enactment ofa veterans’ property tax exemption until September 1,2009, at the prompting of Plaintiff’s counsel.
23.At the September 1,2009 BOS meeting, Black indicated to the public that the BOS is the legislative body of the Town, not the Town Meeting.
In a nutshell and in my interpretation, the issues in this complaint are:
1) The BOS has not addressed the Wilfred Hodge issue as proscribed by the Marlborough Town Charter.
2) The CT General Statue Title 38 law allows for the legislative body to enact the Tax Exemption.
Connecticut General Statute Provision related to Title 38
8. Connecticut General Statute § 12-8I(2I)(C) provides in relevant part as follows:
Municipal option to allow total exemption for residence with respect to which veteran has received assistance for special housing under Title 38 of United States Code. Subject to the approval of the legislative body of the municipality
3) By preparing to address the issue as an ordinance the BOS are in fact declaring themselves the Legislative Body of the town of Marlborough. With the attendant powers of making laws.
4) The Town Charter of Marlborough states the Town Meeting is the legislative body of the town and that the BOS has only those legislative powers described in SECT 3.3 – 3.6 and CHAPTER 4 of the charter.
“The legislative powers of the Town shall be vested in the Town Meeting and in the Board or [sic] Selectmen as specified in Section 3.3 through 3.6 and Chapter 4 of this Charter.”
What is at stake.
Whether or not the Board of Selectmen get to decide the tax exemption issue of the William Hodge case solely or if it goes to a Town Meeting for a town wide vote.
Whether or not the Board of Selectmen can enact through ordinances policies that have been traditionally considered the venue of Town Meetings, such as taxation and law making.
Oh, by the way, the next BOS meeting on the 20th has been canceled. From the town website.
CANCELED
Board of Selectmen
Town Hall
7:00pm
Assuming the public hearing on the 27th goes forward, I want to see a crowd there that will dwarf last year’s Town Budget Meetings. We need to make it very clear to Bill that the people of Marlborough support our veterens and that we want the BOS to do the same. Unless the court hearing on the 26th results in a delay, let’s ALL plan on attending the public hearing on the 27th!