Town attorney: Towns not required to have annual report

At a town meeting on Feb. 22, a number of voters voiced objections to First Selectman Robert Loucks’ letter in the annual report from the Board of Selectmen (BOS). Voters were asked to approve the report, which they did not do and a motion was made to accept the report minus the letter.The town meeting moderator, Tim Parry, said he did not know if that was lawful. After further discussion on Loucks’ letter, and on the unknown legalities of such a vote, an amended motion was passed to accept the annual report, minus Loucks’ letter, subject to clarification from the town attorney. Loucks said at the meeting he would contact the town attorney the following Monday.On March 21, Town Clerk Linda Amerighi received a letter from the town attorney, Judith Dixon of Winsted, that said in part, “There is no statutory authority either requiring the town of Sharon to prepare an annual report or defining what should or should not be included in such a report.”Dixon’s letter continued, “Although there are statutory requirements for filing an annual budget and for filing an annual audit, it appears that the current practice of preparing a town report arises only from custom. Accordingly, there is also no statutory basis for a town meeting to review, accept, approve or reject any annual report.”Dixon’s letter ended by stating, “Since there is no statutory requirement for the town to have an annual report, and no requirement that the report be accepted or rejected, and finally no definition on what must or must not be included in an annual report, if prepared, it does not appear that the annual report is subject to either acceptance or rejection by the town meeting.”In an interview Loucks was asked, in light of the town attorney’s opinion on this matter, what he was planning to do about the vote to accept the annual report without his letter. He said, “The town attorney’s opinion letter makes it very clear there are no laws or regulations concerning annual town reports. They are not required. So I am not doing anything further about this matter.” When asked what he thought might happen regarding this matter, the first selectman said, “That is up to the Board of Finance.”It is the finance board that prepares the annual report, which includes year-end summaries for all local boards and commissions. The objection to Loucks’ letter was based on concerns that he said he had tried to get the Board of Selectmen to seize the Mitchelltown Road bridge by eminent domain so repairs could be made. Former Selectman John Mathews said that in fact the first selectman, who owns property on Mitchelltown Road, had recused himself from discussions on the bridge.

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