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1967/12/05October ~l, 1967 Received November 2, 1967 Mr. Arthur B. Powers, First Selectman Town of Berlin Town Hall Berlin, Connecticut Dear Mr. Powers: This letter is in response to your letter of October 30th asking me to advise you concerning Public Act #723, Public Act #791, the Resolution Creating A Board of Finance In The Town of Berlin, Section 5-1 of the Ordinances and Special Acts of the Town of Berlin and the legality of actions taken by the Board of Finance since October 1st as it relates to Public Act #723 and #791. Public Act #723 entitled, "An Act Concerning Access to Public Records and Meetings," deals with the keeping of records and the scheduling of meetings by the Boards and Commissions in the Town. The gist of the act is, in part, that each board and commission must file not later than January 31st with the Town Clerk a schedule of the regular meetings of such board for the ensuing year and no such meeting of any such body shall be held sooner than thirty days after such schedule has been filed. Since the Bord of Finance has regular meetings on the first Tuesday of each month as required by Section 5-1 of the Berlin ordinances, a schedule of these oregul~r meetings must Be filed with the Town Clerk not later than January 31, 1968. If the Board wishes to have regular meetings on the first Tuesday of each month before that time, they should immediately file such a schedule. However, it is my understanding that most of the meetings of the Board of Finance are special meetings. Public Act #723 goes on to provide that special meetings may be held by giving 24 hour notice and posting a notice of this meeting at the office of the Town Clerk and it further provides that a special meeting may be held without posting notice provided a copy of the minutes be filed with the Town Clerk not later than 72 hours following the holding of such meeting. Public Act #791 deals with the polling by telephone of finance board members in the absence of a regular meeting concerning amounts not exceeding $1,000.00. This act requires that each member so polled shall deIiver to the clerk a written statement signed by him stating how he vo~ed on the question. It is further requred that the clerk filed with the town clerk within two weeks ~a statement of the result of such poll. The act goes on to provide that the .clerk shall prepare and file with the town clerk ~ copy of the minutes and records of each regular and special meeting held within two weeks from the date of such meeting. Therefore, my answer to your letter, in part, is as follows: (1) Public Act #723 does apply to the Finance Board and that Board should file a schedule of its regular meetings with the town clerk as soon as possible. (2) Public Act #791 dealing with telephone pools by the chairman of the finance board does apply to our finance board and it should comply with the re- quirements of filing the statement of the result of such poll with the town clerk. (3) There is a conflict between Public Act #791 and Public Act #723 con- cerning the length of time that the finance board clerk has within which to file minutes of the special meetings. Public Act #723 requires such minutes to be filed within two weeks. However, inasmuch as Public Act #791 deals specifically with town boards of finance while Public Act #723 is a generalized statute, it is my opinion that Public Act #791 will control the length of time for the filing of the minutes of the special meeting by the board of finance clerk which shall be two weeks. (4) With respect to Section 5-1 of the Ordinances and Special Acts of the Town of Berlin, this ordinance, of course, establishes the board of finance within the Town of Berlin. I would recommend that this act be revised as soon as possible because there are many provisions in this act which no longer apply to th, board of finance, including the times for preparing the annual budget, etc. (5) With respect to the legality of any action taken after October 1st, it is my opinion that since the meeting of last Tuesday, October 24th was a ~pecial meeting and not a re~dlar meeting and I would strongly urge that the minutes of thJ special meeting be filed with the town clerk wih~in two weeks from the date of' suc~ meeting in order that the board at least comply with ~he requirements of Public Act #791. If you have any other questions regarding these acts or any statements made in this letter, please do not hesitate to call me. I am sending a copy of this letter to Mr. Doran, Chairman of the Finance Board. Very truly yours, HARRY N. JACKAWAY HNJ:cv Opinion #8? cc: Mr. Philip Doran, Chairman Board of Finance Copied into the records of the Board of Finance at the request of Chrmn. Doran. November 29, 1967. ~. Typist BERLIN BOARD OF FINANCE MEETING ~ECEMBER 5, 1967 MEMBERS PRESENT: Chrm. Doran, Messrs. W. Brown, T. Ward, Jr., R. Sprague and Mrs. Delaney ~THEHS PRESENT: (Part time): Mrs. Mahan; Mr. A. Powers Dhairman Doran opened the meeting at 7:45 P.M. ~ISCELLANEOUS: 1. A. Powers letter Nov. 28, 1967 requesting approval of this Board of proposal by Town Engineer and Director of Public Works Morgan Seelye for additional personal financial compensation to offset an attractive offer by another firm. At the request of the Chairman, Mr. A. Powers appeard before the Board to further explain the importance of holding Mr. Seelye if at all possible. It was voted that this Board will recommend an annual salary of $13,250 for Town Engineer and Director of Public Works Morgan Seelye in the budget for presentation at the Annual Budget meeting for fiscal year commencing July l, 1968. Note: The foregoing action was taken in an effort to retain for the town the services of a qualified engineer. 2. Chairman Doran suggested and it was agreed by consensus that each Board member separately submit in writing his own version of or comments regarding a revised ordinance establishing the Board of Finance. The Chairman would collate all these and forward them to the Town Counsel for his consideration. This should avoid prolonged discussion which would probably occur in attempting to develop a majority Board opinion on this matter at a time when the Board will be very heavily occupied in preparing the new budget. RECEIVED FOR FILING Philip D. Doran ~-'~ ~.~. j~ j2~d~ ~ha~iVman TO~/N CLERK'S OFFICE Entered in the public record December 18, 1967 at the request of  ~ Chairman Philip D. Doran y Joanne G. Ward