THE REFERENDUM PROCESS:  Not so easy to do any more in Weston since the Referendum of 2003 - post-Referendum charter revision made change:  Now 5% of "qualified"voters (instead of 50) needed to call a Town Meeting to override an action of the Board of Selectmen.

The State Elections Enforcement Commission (SEEC) has ruled that improper tactics including use of school children as couriers to disseminate materials that advocate a
position on a referendum were used in last November's $79,435,500 school referendum.

The decision also sends a message to school groups in other communities that they better think twice about sending advocacy messages home with school children in so-called backpack brigades.

The referendum decisively approved the expenditure.

Acting Weston Supt. of Schools Thomas A. Jokubaitis, Hurlbutt Principal Leonard Tomasello and Parent Teacher Organization (PTO) President Susan Fleming were all cited
by the SEEC for being responsible for using municipal funds and employing school children to influence the vote in the Nov. 15 referendum.

Messages left with Jokubaitis and Tomasello were not returned as of the Westport News press time.

SEEC ruled in an order dated April 2 that the trio were in violation of the Connecticut General Statutes, 9-369b.

"They knew what they did was wrong," said Ellen Strauss, the complainant before the SEEC. "Claiming ignorance was no excuse."

Asked what she based this claim on, Strauss said that they were caught before in October of 1999.

Dirty Politics'

"What PTO did was dirty politics," said Strauss Wednesday, in a telephone interview.  "There was a $500 refund of money. Not a fine."

Weston town Attorney Ken Bernhard said he had not heard anything about the refund payment, but he emphasized that he wasn't involved with school issues.  Strauss said she believes that the SEEC decision puts officials on notice that in the future "we will be watching."

An agreement was reached between the Hurlbutt Elementary School PTO Inc. acting through its president Susan Fleming and the authorized representative of SEEC. A similar agreement was reached by Jokubaitis and Tomasello with the SEEC. A key part of the law cited in the consent order reads: " no expenditure of state or municipal funds shall be made to influence any person to vote for approval or disapproval of any such proposal or question."

The order continued: "The prohibition on the use of state or municipal funds also applies to the use of school facilities, supplies and equipment to advocate a position on a
referendum.

"It is concluded by the commission that municipal funds were expended on the newsletter that advocates a position on the referendum. Specifically, the newsletter was reproduced using school supplies, facilities and equipment.

"It is further concluded by the commission that Hurlbutt Elementary School children were used as couriers to disseminate materials that advocate a position on a referendum."

Responsibility an Issue

The order involving Jokubaitis and Tomasello concludes that neither "had a direct role in drafting, writing, or distributing the newsletter. Nevertheless, as superintendent and principal, they bear responsibility for its reproduction using municipal funds and for its distribution via school children."

SEEC also concluded that the town of Weston didn't violate the statute.

Weston First Selectman Woody Bliss said yesterday that the ruling doesn't involve him or his predecessor, Harold Shupack. "We were not involved," he said. "We were not
accountable."

The town portion of the complaint had pointed out that First Selectman Hal Shupack, Selectman Woody Bliss, Board of Education Chairman Les Wolf and other members of the board had been responsible for sending to voters a brochure containing incorrect enrollment figures that made it appear that another school was needed.  The SEEC concluded that the officials were not in violation of General Statute 9-369b.

Hurlbutt Mules

The violations occurred last fall during the intense battle over the school referendum. PTO and school officials used school facilities, supplies and equipment to prepare and copy advocacy material sent home to parents via the "Backpack Brigade" or "Hurlbutt Mules," as the use of school children to transport notices sometimes is called.

The SEEC order also noted that The Scoop is the Hurlbutt Elementary School PTO newsletter ... On or before Nov. 9, the Scoop was distributed through school children at the Hurlbutt Elementary School. The newsletter had a section titled "Letter from PTO President  Susan Fleming," which included the following statement:

"The Board of Education, the Finance and Select Committees, the Selectman and the three PTO's have fully endorsed (emphasis added) this K-12 solution for our school." The reference was clearly to the pending referendum.

"The commission has consistently concluded that communications that expressly recommend or urge support of, or opposition to, a referendum question, are subject to the
restrictions found in Section 9-369.

"It is found by the commission that the newsletter taken as a whole, considering its content, style, tenor and timing, constituted advocacy."

Strauss also said the state agency ordered that the PTO "shall strictly comply" with the state law and that the PTO "shall not use school facilities, supplies or equipment to
prepare or copy advocacy material even if the town, regional district or school system is reimbursed, for such use."

The SEEC ordered "that school children shall not be used as couriers for material advocating a position on a referendum."

The complaint was filed by Strauss, representing herself and the citizens of Weston and signed by eight of these Weston citizens.

Referendum Approval

The referendum regarding improvements to town schools, parks and the campus septic system was held at Weston Middle School.

The results of the referendum, which put to vote three different bonding proposals, attracted 68 percent of Weston's registered voters and was approved decisively.

The three proposals included:

Deciding on $48,265.000 for various capital improvements to the Weston public schools and parks and recreation facilities. The bulk of the referendum money will go to renovating Weston High School, constructing new fields in the town to replace fields that will be lost to construction, repairing and expanding the school campus septic system, and renovating a portion of the middle school. Although the will be for $48,265,000, it will cost taxpayers about $42.5 million after state reimbursement.

Deciding The second bond allocated $28,087,000 for the planning, design and construction of a new third through fifth grade school. Construction would include a new 117,000 square foot facility with parking, drives and outdoor play acres. After state reimbursement, the cost to the town is expected to be a little more than $23 million.

Deciding The final bond on the ballot was for $3,100,000 for a new Middle School auditorium to help handle demand for meetings, practices, performances and community
events. The only auditorium now available for the entire town is housed in the high school and often it is booked. However, it wouldn't be eligible for any reimbursement from the state of Connecticut.

Shupack, the outgoing first selectman, and Bliss, the first selectman-elect at the time, supported a "yes" vote on all three bonding items. George Guidera, a former first
selectman, also supported all three bonding items.

In a letter sent to residents, which in retrospect captures the mood at the time, he complained that during the past two years "negativism has reigned supreme in our town.
One group or coalition after another has bombarded us with newsletters and position papers in an attempt to persuade us that they, and only they, have the magic answer.

"Their answer is always negative. They are always negative. They are always "against" this or that solution. They demand one study after another and studies of studies, in the hope of confusing and paralyzing us from doing anything. In paralysis of us they succeed in their true agenda of opposing every sensible solution.

"They are master of raising doubts, appealing to crass self-interest, and setting one citizen against another. Some Westonites have bought into this argument of self-interest in opposition to the public good. This is nonsense. Worse, it is disastrous to real estate values and our long-held sense of community."

Opposition forces, led by the Alliance of Weston, had vigorously opposed all referendum items in public hearings, in letters to area newspapers and in a number of mailings to residents.

In a flyer to residents, the Alliance called the 3-4-5 school unneeded and argued that "taxes will rise at a totally unacceptable rate" if the bond referendum passes. It warned of threats to Weston's rural character.

"Weston ranks dead last out of 169 municipalities in Connecticut when it comes to business development and we like it that way," the flyer stated.

"This plan is desperately needed to bring our school into the 21st century," said Board of Education Chairman Leslie Wolf last November. "It has been studied to death by every committee, board and political group in town, and this is the best compromise."

"Bigger is definitely not better when it comes to elementary schools," said Len Tomasello, the Hurlbutt principal, prior to the referendum. "We run the risk of operating a factory here, and the projections for further increase truly scare me."

The people have spoken.  Although those who filed absentee ballots voted "no, no, no" it was the rest of the voters voting in person "yes, yes, yes" who won the day.  Totals for the three items, and dollar amounts for each (these are not official numbers) were:
1) 2501 - 1613 (yes over no) $48,265,000
2) 2200 - 1892 (yes over no) $28,070,000
3) 2268 - 1837 (yes over no) $  3,100,000

                    GRANBY -- Deciding which of three expansion proposals
                    would best accommodate Granby's rapidly growing
                    school enrollment isn't as important as securing resident
                    support for whatever plan is chosen.

                    One plan would revamp three schools for students in
                    kindergarten through sixth grade. Another would reserve
                    one school for kindergarten through second grade and
                    two schools for third through sixth grade. The third option
                    is for two schools to house kindergarten through third
                    grade and one for fourth through sixth grade. All three
                    plans would pull the sixth grade from Granby Memorial
                    Middle School.

                    Superintendent Gwen Van Dorp has wisely discounted
                    using long-term portable classrooms, which can hinder
                    the learning process and are a less desirable solution.

                    Although the planning is its infancy, the cost, as yet
                    undetermined, could test the town's five-year commitment
                    to hold tax increases to no more than 3.7 percent a year.

                    The promise of a lid on tax increases, now in its fourth
                    year, has been difficult to keep in part because demands
                    on services have exceeded what was anticipated when
                    the promise was made.

                    Back then, for example, modest increases in middle
                    school enrollment were forecast. Now it is estimated to
                    grow from 500 students this year to 562 next year and to
                    more than 600 in 2007-2008. Five eighth-grade classes
                    already occupy part of the renovated high school.

                    Nevertheless, the commitment has been kept and helped
                    win voter support for building projects such as the $23
                    million high school revamping and $4 million in municipal
                    capital improvements.

                    Granby completed those projects and kept tax increases
                    down. Whether town officials can expand the schools and
                    hold taxes down will be a fiscal battle. Having residents
                    involved in the project will help maintain the support
                    needed to keep the town schools operating effectively. 

• Be a registered voter in the Town of Weston, or
• Be a U.S. citizen age 18 or more who is listed on the October 1, 2000 Grand List as liable to the town for taxes on an assessment of not less than 1000 dollars.

VOTER REGISTRATION

Weston residents may register to vote in person at Town Hall, Monday through Friday from 9:00 to 4:30.  Voter registration by mail is also available.  Registration forms may be requested by phoning the Registrars of Voters at 222-2686, and are also available at Town Hall.  The deadline for registration for the April 24 referendum is 4:30pm on Monday, April 23.

WHERE:  Town Clerk's Office, Town Hall, 56 Norfield Road
WHEN:

• Monday - Friday 9:00am to 4:30pm;
• April 17th through April 23rd and
• Saturday, April 21, 8:00-11:00

• All electors of the Town of Weston OR
• A person who is not an elector of the Town of Weston...who is a citizen of the United States of America
• who is over 18 years of age
• who has real property, motor vehicle(s) or personal property listed on the October 1, 2000  Grand List with a value greater than $1000.

TO VOTE ABSENTEE:  Any qualified voter may vote absentee if unable to vote in person due to:

• active service in the armed forces
• absence from the town during all hours of voting
• illness or physical disability
• religious tenets
• duties as a referendum official at a polling place

DESIGNEE IS:

• A person who is caring for them because of illness, including but not limited to a licensed physician or a registered or practical nurse.
• A member of the family.
• A police officer in Weston.
• A Registrar or Dep. Registrar of Voters in Weston

• Request application for ballot from Town Clerk in person or by designee
• Complete application and return it to the Town Clerk in person, by mail or by designee

• Completed ballots must be received by the Town Clerk.
• By mail before the polls close on Tuesday, April 24.
• In person by 8pm on Monday, April 23.

If you find that you can vote in person after having voted by absentee ballot, you must go to the Town Clerk's office before noon on the day of the referendum to request withdrawal of your ballot.  The Town Clerk will issue a signed statement to present to the Moderator at the polls so that you can vote in person.