OPINION OF COUNSEL

ISSUE:
What process does the Ansonia Charter direct in

alderman?

ANSWER:
There is a specific and detailed section of the Charter to wit: Section 143, which specifies
(1) the process whereby the Board of Aldermen are convened to filI the vacancy; (2) the protocol
to be utilized by the board in filling the vacancy; and, (3) the requirements which must be met in
order for the vacancy to be duly filled.

DISCUSSION:
The Chartgr is the authoritptive source.
Ansonia is an organized municipal corporation with a long established and accepted
Charter. For municipalities with such a document, it is the first and generally most accepted
source for answers to questions such as the filling of a vacancy on a Board of Aldermen.
Corurecticut courts recognize a local Charter as a reliable authoritative source when trying to
discem what process should be followed by city government. As one Connecticut court stated it
is elementary that "[t]he Charter is the fountainhead of municipal; powers. It originates and
defines the powers of government and the methods of govemance . , ." State ex rel. Raslavsky v.
B onvoulo ir, 1 67 Conn. 3 57, 3 62, 3 5 5 A.Zd 27 5 (197 4).

Charter needs to be reviewed. read and interpreted

as

though it were a statute.

Courts liken the text of a Charter to that of a statute or a state law. As a result, courts
apply basic rules of statutory interpretation to a Charter in order to determine what it states,
requires andlor implies. See. 2 McQuillan, Municipal Corporations (3d Ed. Rev.) 9.22,p" 685.

Words.
Basically, this statutory interpretation requires a logical analysis of the words and phrases
and aninterpretation of them based on their meaning and the context in which they are found. In
discerning the intention of the authors of the charter the whole and every part of the instrument
must be examined and compared together. In other words, effect should be given to, if possible,
to every section, paragraph, sentence, clause and word in the instrument and related laws.
Garbaty v. Norwalk Jewish Center, Inc., 148 Conn. 376,382, 171 A.2d 197 (1961); Cislo v.
Shelton, 35 Conn. Sup 645, 656,405 A.Zd84 (1978). Arminio v. Butler, 183 Conn. 2ll,2t7-8
(1e8 1).

Entire context as a whole.

There are times when a literal intrepretation of the words of certain sections conflict. In
such situations, the courts direct that the entire context and all words in the document be
examined to determine what the framers intended as a whole. "The real intention when once
accurately and indubitably ascertained, will prevail over the literal sense of the terms." Garbaty
v. Norwalk Jewish Center, Inc., 148 Conn. 376,382, I71 A.2d 197 (1961); Cislo v. Shelton, 35
Conn. Sup 645, 656, 405 A.2d84 (1978). Arminio v. Butler, 183 Conn. 2lI,217-8 (1981).
Reasonable interpretation.

Yet when embarking on this broad interpretation the courts caution that some basic sense
should apply to the process. Otherwise an illogical, unusual or possibly void interpretation might
result. When the words used are explicit, they are to govern, of course. If not then recourse is
had to the context, the occasion and necessity of the provision the mischief felt and the remedy in
view, The language employed must be given its plain and obvious meaning, and, if the language
is not ambiguous a court cannot arbitrarily add to or subtract from the words employed. See
Sillman v. Sillman, 168 Conn. 144,148-49, 358 A.2d 150 (1975); International Business
Machines Corporation Brown, 167 Com,. 123,733-34,355 A.zd.236 (1974).
The vacancy
Applying the above analysis to the issue of a vacancy in the office of alderman, the
Charter does provide some basic and clear language. This is found in Section 143 which states:
When ala,y vscancy shall occur in any elective office of said city, the board of aldermen,
having been duly called together for that purpose by the city cler\ shall proceed by ballot
to fill said vacancy; if in the office of the mayor, one of said aldermen shall be elected, if
from any other elective office, then from the freemen of said clty. A plurality of ballots shall
be sufficient to elect, and the person or persons so elected shall fill the unexpired term or
terms and perform aII the duties pertaining to said office.
Process for the aldermen to assemble.

Section 143 clearly outlines the process by which the aldermen convene to fill a vacancy
in an elective offtce. The Board of Aldermen are first to have been called together "by the City
Clerk" for the purpose of filling the vacancy.
Source of the candidates.
Once assembled, the Charter provision specifies the source of the potential candidates
from which the aldermen must select. Here the Charter employs archaic language (Freemen)
which should be interpreted to be all citizens of the City of Ansonia. Thus the aldermen are
authorized to review the list of all of those who reside in Ansonia to determine a potential
candidate to flllthe vacancy. No other requirement is imposed on the candidate; merely

citizenship in Ansonia.

:l

Process the Alde.rmen are to follow.

Once the aldermen have selected potential candidates, they are to proceed to a ballot.
other words, the vacancy is filled by an election among the aldermen.

In

Number of ballots required.

Only a plurality is required in order to filIthe vacancy. A plurality implies that there can
be the election of a candidate by a simple majority. Since there is no requirement as to the
number of candidates, 2 or 3 candidates could initially be selected by the aldermen for the
election. The citaenlcandidate who successfully garners an aldermanic plurality then fills the
unexpired term and performs all duties pertaining to said office.

In conclusion.
Section 143 clearlyprovides a process standing alone to empower the aldermen to fiil
elective offices. However, as the courts direct, the remainder of the Charter needs to be
examined to determine whether Section 143 is tempered by other provisions within the Charter.
In doing so the words of the Connecticut courts should be remembered. Sometimes literal
interpretation leads to illogical, unusual or possibly void interpretation.

Clear lansuase of Section 143 within the context of the Ansonia Charter.
The one section of the Ansonia Charter which seems to be at odds with enabling
authority of Section 143 is Section 8 Subsection 14. Section 8 deals with the powers and duties
of the Mayor generally, and specifically at Subsection 14 allows for the Mayor to disapprove a
vote of the aldermen if he does so within the requisite five (5) days in writing. Literal
interpretation of this section essentially changes the election requirements of the aldermen. As
wriffen Section 143 empowers the aldermen to conduct an election to filIa vacancy. If Section 8
(14) is read to supersede (that is veto that election) it changes the prerequisite for a citizen to be
duly elected to a vacancy by the aldermen. Not aplurality but an absolute majority is required.
In effect, 8 (14) potentially voids all that is authorized under Section 143. The outcome of such a
veto enables the Mayor to control the nomination process, void the vote, and raise the
requirement for fllling an elective office. Section 143 specifically provides that the city clerk
and the aldermen convene to complete an election process. The Mayor is not even mentioned in
that section. The veto seems to be at logical odds with the intended purpose of the section. The
literal interpretation of 8 (14) may be leading to the illogical or unusual interpretation the courts
warned of when they stated that all language is to be considered when discerning the intent of the
original framers of the Charter.

Equally unconvincing is the argument that the Board of Aldermen is able to override the
veto and therefore the initial interpretation that the veto power applies is correct. Accepting that
the Mayor can veto, but then be over ridden, only serves to increase the requirements that a
candidate must obtain in order to be elected to filI a vacancy. A candidate requires not the

plurality of Section l43,not a simple majority of the aldermen, but two thirds of actual votes of
the aldermen.

CONCULSION
Section 143 is the most definitive language within the Charter as to how a vacancy in an
elective office is filled. Section 8 does seem on its face to authorize the Mayor to veto the
process. Whether within the context of the entire Charter that interpretation is correct, is
debatable, with strong arguments for and against.
Respect fu lly submitted;

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