First Selectman's Statement on the Annual Budget Meeting and Annual Budget Referendum

Dear Colchester Residents,

The Town Charter is Colchester’s local Constitution as approved by our residents.  In the event there was anything in our Charter that required further clarification, town leaders would seek a legal opinion from our corporation counsel, Shipman & Goodwin.  In my six years on the Board of Finance and one and half years as First Selectman, the Town has always honored the legal opinion of our Town Attorney.  I cannot remember a time when town leaders did not honor a legal opinion from the town attorney.

At our May 18th, 2023, Board of Selectmen meeting, a discussion ensued regarding what may legally occur at the Annual Budget Meeting.  Some members of the Board of Selectmen suggested that, at the Annual Budget Meeting, citizens could vote down the budget. I immediately read the applicable section of the Charter to the BOS members showing them that was not the case.

On Wednesday, May 24th, 2023, Selectman Turner asked Colchester Town Attorney, Matthew Ritter, for a legal opinion on the matter.  Mr. Ritter reviewed our Town Charter and stated that:

1. The Annual Budget Meeting does not allow the meeting attendees to “reject” and vote down the budget before it goes to a town-wide referendum vote.

2. The Annual Budget Meeting only allows the attendees to "reduce" the budget before it goes to a town-wide referendum vote.

3. Once completed, “the Annual Budget Meeting shall be automatically continued to the Annual Budget Referendum.” 

This language in quotations for #3 is directly from the Colchester Town Charter.  The elected officials of the BOS, BOF, and BOE all received a copy of Attorney Ritter’s legal opinion. 

At last night's May 31st, 2023, Annual Budget Meeting, a motion was made to send each proposed budget to a town-wide Annual Budget Referendum. In both cases, that motion had a second, and the vote failed.  However, a vote of the attendees at the Annual Budget Meeting is not required for all citizens of Colchester to be allowed to vote on the proposed budgets. Our Charter is very clear in that "the Annual Budget meeting SHALL BE AUTOMATICALLY CONTINUED TO THE ANNUAL BUDGET REFERENDUM". 

What transpired was concerning as there was an intent to ignore the Charter and legal opinion, which would ultimately eliminate your ability to vote on the proposed budgets. If residents could simply vote down the budget at the Annual Budget Meeting, then this would happen every year. The reason this is not done at a town meeting is so that ALL OF YOU are provided an opportunity to vote in a span of twelve hours, rather than the limited option of a night meeting.

What occurred last night was not legally permissible. A vote that conflicts with the Charter cannot impede due process.

I am very disappointed that some of our elected officials supported, and voted for, this attempt to eliminate your legal right to vote on the proposed budget at a town-wide Referendum.  You have elected Board of Finance members to represent you, they worked hard on the budget process, and brought forward budgets they believe is fair, affordable, and would be approved by a town-wide vote.  You are all entitled to that vote, and it is time to let "all of our residents" have a say during a town-wide Referendum vote.      

As First Selectman, I have an obligation to follow the Charter and the advice of our legal counsel. If the Town were to follow the alternative path, then we would be setting an extremely dangerous precedent.

Colchester is required to move forward and hold a town-wide Annual Budget Referendum Vote enabling all our citizens the ability to weigh in on both the Town and Education Budgets. This vote will be held on Tuesday, June 13th, 2023, at the Colchester Town Hall, 127 Norwich Avenue, from 6 AM to 8 PM.  I encourage all of you to come out and cast your vote.

Sincerely,

Andreas Bisbikos

First Selectmen