To Recall (Beth Daponte) or Not, That is the Question


recall 2

The Town Attorney (from the firm of Berchem Moses & Devlin) has decided they want a “declaratory judgment” concerning the ability of the citizens to circulate in District 1 a Recall Petition. This is the second time an attorney has tried to stifle the rights of Stratford citizens.

A “declaratory judgment” is when a party petitions the court for a legal determination on an issue for which there are uncertainties.  I wonder if the associate doing the research is confused by his findings, so he can’t really, honestly say that the people don’t have the right to recall. 

On the Town Attorney side of the coin, the opinion is that Stratford’s recall provision were invalidated when Stratford changed its form of government.  They believe that because the old charter was replaced by a new charter, which invalidated those provisions. If they were invalidated, why would they continue to be in the Charter document?  To tease the voters with something they could never do?

Flip the coin over and floating around social media (Facebook) and the WWW is information that may indicate something quite different. There is information that because the recall provisions in Stratford were enacted by a Special Act and not Home Rule laws, they did not become invalid.

Also, someone posted a link to an ACLU project “Recall the Rogues” that on first glance seems to stomp out what the TA would like us to believe.  But, in keeping with the status quo, the Town Attorneys love spending our hard earned money and refuses to believe anything but what they want it to be. We give them MILLIONS annually.  They are another group that tries to rule with intimidation.  But wait, don’t we have rights?

For the Stratford Star article:





7 Responses to “To Recall (Beth Daponte) or Not, That is the Question”

  1. 1 missgreeneyes118

    Bercham and Moses is rendering an opinion on whether or not their chosen council mouthpiece can be recalled?
    Gee, what are the odds they bill a bunch of hours…. and then say “NO”?
    Taxpayers be damned.
    Just like the WPCA sale…you don’t know what is best for yourself…
    Only Town Hall knows!
    Just ask them…
    Look how they were able to lower your the sewer use fee.

  2. 2 shanliss

    On this holiday weekend, don’t forget Center School, which is about to get sold out quietly, on Tuesday afternoon, when most of us will be focusing on the novelty of our weekend sunburns.

    You would have thought it was now well established, that the Town Attorney’s Office is useless, when it comes to the rights of anyone other than the Mayor. But look, here is the Council Chair, writing to obtain the opinion of Tweedledum & Tweedledee, Esqs., asking for an opinion as to whether the Town Attorney’s client, aka Mayor Harkins, has the right to do what he surely already ran through their office, before seeking, at Tuesday’s meeting, to have BOE rubber-stamp his land grab.

    Daponte writes:

    “I would like clarification from the Town Attorney’s office regarding the authority that the mayor has, as opposed to the Town Council, in asking the BOE to revert Center School back to the Town. What is the current council’s role with respect to any change in status of Center School and the planned development project for that land?

    Neither the project nor the approval for having the building reverted to the town has come before this council.

    Please inform me when I can expect this opinion. The BOE is having a special meeting on Tuesday to vote on giving the building and property back to the town.”

    It’s time for a second opinion…

  3. 3 missgreeneyes118

    DeCilio said that voters might want to think twice about a candidate who wants to work for free.

    “He’s obviously thinking that this is a part-time job and it’s not,” DeCilio said. “I’m a certified moderator and Rick (Marcone, the Democratic registrar) and I were the first registrars in Connecticut to sign up for the recent state-mandated registrar certification course passed into law in 2015.”

    DeCilio said the registrars’ job has changed a lot in the last decade, and that legal requirements for running elections have become increasingly complex. The position became full-time in the 2014-15 fiscal year.

    If Scheck wins the primary, it’s almost inevitable that he would become the next Republican registrars of voter in November.

    Although Scheck is registered as a Republican, he’s not a member of the RTC, the inner core of local party faithful who have a lot of say as to which candidates run for office under the party’s banner.

    Can Scheck be certified to run without the special training classes???
    I think he missed the training class that Lou DeCeitful lobbied to make mandatory.
    Can only those politically approved and certified run?
    Better get another opinion from the Town Attorney on this.
    Plus he does not know the secret handshake…..

  4. 4 missgreeneyes118

    Voters need to remember that Lou already has that strenuous 8 session, 26 hour certification class under his belt.

    Scheck would have to take the 26 hours of training and be able to pass quizzes and an open book final exam within 2 years of going into that beehive of activity in the Registrars office.

    Remember! The final exam will be “open book” and you may use your class notes, the Connecticut General Statutes, and any other source material that you feel can assist you in completing the exam.

    So average intelligence is a must – and being politically well connected is preferred.

    Final Exam
    The Certification Exam is a mandatory component of the ROV Certification Program. Upon the successful completion of all eight sections, there will be a final exam, which requires a passing grade of 90% or better. If you do not pass the final exam on your first try you will have an opportunity to take another final exam, with a maximum of 5 tries. The final exam will be “open book” and you may use your class notes, the Connecticut General Statutes, and any other source material that you feel can assist you in completing the exam. Once the exam is graded and you have received a passing score of 90% or better you will receive a certificate of completion from UConn which will indicate that you have completed the coursework necessary toward your certification requirements. You should remember that completion of the 8 classroom sessions is but one component of the certification process, as you must also become certified as an Election Moderator in order to be certified.

  5. 5 jezebel0691

    I’m confused by your statement “and being politically well connected is preferred”? So no one who doesn’t have a history of being involved in Stratford politics can become Registrar?

  6. 6 missgreeneyes118

    Well, if you are not part of the inner circle, you probably have better odds of hitting the lottery – than being hand picked for such a plum position – with lots of benefits, full time salary, and little oversight by anyone.

    You have a better chance of singing a song at the re-opening of the Shakespeare theater.

  7. 7 missgreeneyes118

    This just shows how important it is to have certified and trained moderators in the Registrars office…. To prevent violations of law…wait…Lou was the treasurer…never mind.

    Any idiot could have done it wrong – just like Lou did.

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