Selectmen unveil new process

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Middlebury Selectman Jennifer Mahr, left, voices her objections to the actions of First Selectman Edward B. St. John, center, and Selectman J. Paul Vance, right, at the February 20, 2023, meeting. Mahr opposed the appointments to and resignations from boards and commissions that were being made. (Town of Middlebury video)

By MARJORIE NEEDHAM

Middlebury’s Board of Selectmen, with one member strongly dissenting, unveiled a new procedure for accepting resignations and approving appointments to boards and commissions at their February 20 meeting. After accepting two resignations that were listed under “Resignations” on the agenda, they moved to “Appointments,” which had no names listed under the heading. They then proceeded to make a group of 10 “appointments” that included three resignations.

In a procedure this reporter first observed at the February 13 Middlebury Democratic Town Committee (MDTC) meeting, a board or commission member would resign from their current position “contingent upon being appointed” to a new position, thus creating an opening. For clarity, we’ll refer to that person as Person A. Person A would then be appointed to the new position, and a second person (Person B) would be appointed to fill the position from which Person A had just resigned.

The impetus for both the MDTC and the selectmen’s action likely is the ongoing struggle among Middlebury Democrats. Members of an entirely new MDTC will be seated this month. The multiple appointments to and resignations from boards and commissions were submitted to the selectmen by the current MDTC, which will go out of office this month. Both groups want to fill vacancies on boards and commissions. Both groups have put forth reasons they should be the ones to do so.

At the February 13 MDTC meeting, the MDTC in three cases used the procedure described above to put together a packet of 10 “appointments” comprising seven appointments and three resignations that they then submitted to the selectmen for approval. Each appointment letter named two possible appointees for the position. One of the two names was highlighted in yellow, and that person was appointed by the selectmen on February 20.

At the February 20 selectmen’s meeting, Selectman Jennifer Mahr supported delaying approval of the February 13 appointments and resignations and instead waiting until the new MDTC members were seated. First Selectman Edward B. St. John and Selectman J. Paul Vance supported appointing the people who had been chosen by the current MDTC members.

The selectmen’s meeting started with no hint of controversy. The three selectmen unanimously approved the previous meeting’s minutes, tax rebates and accepting the February 12 resignation of Gerald Lukowski (U) as an alternate Planning and Zoning Commission member and the February 6 resignation of Mahr (U) as a member of the Greenway Committee.

Then St. John announced they were going to consider appointments. “Point of order,” said Mahr. Placing her index finger on the agenda, she said, “There was nothing listed here for appointments, so how would we know who or what we were appointing.”

St. John responded he could amend the agenda. “If we amend the agenda and it passes, then we move forward,” he said. Vance said the appointments were in the packets prepared for the selectmen.

Mahr said those who had just walked in, except for St. John, who had the appointments, knew nothing about them. Gesturing to members of the public, she added that no one in town knew appointments were going to be made. She said, “No one here would be able to comment on these appointments because they wouldn’t know what they were.”

St. John said they don’t always know about appointments in advance because they come in late. Then he made a motion to amend the agenda to make an appointment to the Ethics Commission. Vance seconded the motion, and St. John asked if there was any discussion.
Mahr said she raised her earlier objections and reiterated them. She said doing things this way was not transparent and did not allow the people of this town to have an opinion on the people to be appointed.

Vance said the selectmen had discussed the importance of filling open board and commission meetings quickly and efficiently at a December meeting. Mahr responded it was also important to say who is nominated for these positions. The vote on the motion was St. John and Vance “Yes” and Mahr “Nay.”

Position by position, voting continued in this manner, with St. John and Vance voting “Yes” and Mahr voting “No” as St. John proceeded through the appointments (and resignations), making the motions to amend the agenda and then Vance motioning to nominate or accept the resignation of the next person on the list submitted by the outgoing MDTC.

When they were done, the following had been voted on, all with two for (St. John and Vance) and one opposed (Mahr):

• Sharon Bosco (D) to serve on the Ethics Commission. Term 02-20-2024 to 02-20-2029.
• John M. Moriarty (D) resignation as a Board of Finance alternate.
• John M. Moriarty (D) to serve on the Board of Finance to fill the unexpired term of the late Joseph Drauss. Term 02-20-2024 to 11-04-2025.
• George F. Flaherty (D) to serve as a Board of Finance alternate to fill the vacancy created by Moriarty’s resignation. Term 02-20-2024 to 03-06-2025.
• Linda D. Herrmann (D) resignation from the Zoning Board of Appeals.
• Linda D. Herrmann (D) to serve on the Planning and Zoning Commission to fill the unexpired term of the late Joseph Drauss. Term 02-20-2024 to 05-18-2025.
• Bryan A. Ferrucci (D) resignation as an alternate on the Zoning Board of Appeals.
• Bryan A. Ferrucci (D) to serve on the Zoning Board of Appeals to fill the vacancy created by Linda D. Herrmann’s resignation. Term 02-20-2024 to 11-05-2026.
• Thomas Gilbertie (D) to serve as a Zoning Board of Appeals alternate to fill the vacancy created by Bryan A. Ferrucci’s resignation. Term 02-20-2024 to 11-06-2028.
• Joseph Mancini (IT) to serve as an alternate on the Planning and Zoning Commission to fill the unexpired term of Gerald Lukowski (U), whose resignation was accepted earlier in the evening. Term 02-20-2024 to 07-05-2025.

As Vance presented each nominee, he listed their qualifications for the position, their previous and current service on town boards and commissions and any particular skill sets they would bring to the position. He also said he had checked to be sure they were registered Democrats and their taxes were current.

Mahr, who continued to object to the process St. John and Vance were following, at one point said to them, “You are wrecking democracy.” A resident sitting near this reporter muttered, “This is a banana republic.”

Mahr also raised concerns about individual nominees, pointing out that Sharon Bosco was married to a town employee. She questioned what would happen if an ethics complaint were filed against Bosco’s husband. She also noted the position had been vacant for more than two years. She said Vance had opportunities before that night to fill that position. Vance was first sworn in as a selectman in May 2023.

Mahr also mentioned the request from the incoming MDTC members to have an opportunity to weigh in on the vacancies, some of which have been vacant for a long time. “Why the rush now,” she asked. “Why didn’t we see all these people on the agenda?”

When a resignation created a vacancy that was then filled, Mahr said, “We are creating vacancies and filling them in the same minute without noticing these vacancies.”

During public comments, Dana Shepard read aloud the letter sent from the incoming MDTC members and said she agreed with the letter. She said the appointment process is supposed to be a four-month process of vetting and interviewing. She said the process used at the meeting was an insult to democracy. Other residents also expressed concern over the manner in which the 10 appointments and resignations were handled.

The outgoing MDTC first made the appointments in January, the night of the MDTC caucus. However, the incoming MDTC filed a complaint with the state central Democratic party asking that those appointments be declared invalid. Following a hearing in which both groups were heard, state central ruled the appointments invalid. The appointments were then made a second time at the February 13 MDTC meeting. Whether any legal action will be taken in response to the February 20 selectmen’s meeting remains to be seen.