Serving 2 masters

When I was asked to run for elected office in the Planning & Zoning Alternate position, it was assumed by many that I could serve in both an elected and appointed position. See my Nov1 blog entry regarding elected and appointed service, and why I ran for office.

Since then I have been elected and thank the public for entrusting me to serve in that office, however it has been brought to my attention that the City of Shelton Charter Sections regarding Planning & Zoning members have additional verbage that makes it an exclusive office of service. (See the cut/paste at end of this message of the Charter from municode website).

It is with that new revelation in mind, which has been confirmed by the City Attorney, that I decided to resign from the Planning & Zoning Commission effective immediately. My decision was based on where I could best serve the administration of City affairs and my overall community.

Wed 2009/Dec/2 will be the completion of my 11th continuous year of service on the Conservation Commission. During that time the entire Commission has worked to acquire significant City of Shelton Open Space, helped Shelton purchase development rights to agricultural lands, obtained substantial grant monies for Shelton's land acquisitions and enhancements upon them, expanded trails networks and their accessibility, improved our Commission's communication and technology methods to be the most transparent in the State of Ct, and updated the award winning Open Space Plan for the City of Shelton.

Today I was made aware of a decision that was rendered by the City Attorney in the past, that reveals the position of Planning & Zoning Commission Alternate (not a Member unless seated and replacing a Member) would be quite restrictive as to involvement with everyday affairs of the Commission. While an Alternate could participate during a hearing (as anyone from the public can), an Alternate can not participate in any deliberation nor any vote unless seated as the replacement of a Member.


After discussion with trusted friends and weighing the pros and cons, I decided that the years of history, knowledge and leadership at the CC, along with the relationships compiled for furthering the CC's goals and objectives, held more fruitful value than sitting in meetings where I would be prohibited from contributing on a regular business.

I'm sorry this Charter nuance was not recognized clearly by anyone earlier. Regretfully, that oversite error is mine alone.

City Charter component, unrealized until Tue2009/Nov/24. My emphasis added.

5.1.4. Planning and Zoning Commission: (a) The City shall have a Planning and Zoning Commission elected as provided by Section 2.4.1(f) of this Charter, no more than four (4) members of which shall be from the same political party. The members shall hold no other elected or appointed office within the City. The Commission shall have such duties as are provided by the General Statutes of the State of Connecticut relating to planning and zoning, and, subject to the approval of the Mayor, shall appoint and may remove zoning and planning officers and such professional and other personnel as may be necessary or convenient to the operation of the commission. (b) There shall be two (2) alternate members elected to the Planning and Zoning Commission at the election in November 1995 and biannually thereafter for a term of two (2) years no more than one (1) of whom shall be from the same political party. The Chairman of the Planning and Zoning Commission shall, when a regular member is unable to attend a meeting or is otherwise unable to participate, select an alternate in place of such member firstly from the same political party as the member and if an alternate from the same political party is not available, then the Chairman shall select the second alternate. If two (2) members are unable to attend or participate, both alternates shall be seated, provided that the minority representation requirements of the General Statutes are not thereby violated, in which event the Commission shall proceed on the matter without the participation of any alternate

Resignation from PZC Alternate

Wednesday December 2, 2009

Ruth Parkins - PZC Chairperson
Rick Schultz - PZ Dept Administrator
Planning & Zoning Commissioners.

I'm disappointed that after review of the City Charter by the City Attorney, I have become aware of a conflict in my serving both as an appointed Member of the Conservation Commission, and as an elected Alternate of the Planning & Zoning Commission. In personal review of the Shelton Charter Section 5.5.c, I had the expectation that I could serve in both positions. An opinion given to me today from City Counsel of Charter Section 5.1.4 negates that understanding.

After consulting with trusted friends and colleagues, I have decided that given the choice of my 11year history of service and subsequent knowledge from activity with the Conservation Commission, versus an Alternate position on the Planning & Zoning Commission where my input is limited to contributing only when replacing a Member, that I could best serve the administration of the City's affairs and my community while serving as a Conservation Commissioner where my current term expires in August 2012.

Regretfully, I resign from my recently elected position as Planning & Zoning Alternate.

This electronic message will be my sole notice of resignation to all interested parties. There will be no hard-copy.

Thank-you for your attention and understanding, and best wishes to the Commission in your days ahead.

Sincerely - Thomas Harbinson.

cc:
Mark Lauretti - Mayor
Margaret Weber - City Clerk
Dave Gioiello - Democratic Town Committee Chair
Tom Welch - City Attorney
sheltoncc.blogspot.com