William F.

Clark
Chief Operating Officer

MEMORANDUM
To:

Mayor Toni N. Harp

John Rose, Corporation Counsel

From:

Garth Harries, Superintendent of Schools

William F. Clark, Esq. and Chief Operating Officer

Date:

September 1, 2015

Subject:

Board of Education Composition City Charter Transition Period

After long study and public debate by the Charter Commission and a vote of
the electorate, the New Haven Charter was revised effective January 1, 2014.
As you know, the revision to the Charter make specific changes to the
composition of the Board of Education. First, it adjusted the composition of
the voting members to total 7 members and to include two elected
members. Second it added two student positions as non-voting members.
Since the adoption of the Charter the Board of Education has worked closely
with the Board of Alders and its Committees to create and conduct the
student elections. As of this time the student elections have happened and
two student members have now joined the Board. In addition, the
nominations for candidates to the elected seats have occurred for the
Democratic Town Committee and the November election will surely allow for
the appropriate filling of the two elected seats.
In this context, we have noted a significant issue regarding Board
composition in the Charter. As noted, the revised Charter consists of a total
of seven (7) members including the Mayor. In addition to the Mayor there
are four positons appointed by the Mayor and two elected positions as well
as the two student positions. However as of January 1st 2016, there will be 8
duly selected voting members two elected in the upcoming elections, the
mayor, and 5 members whose terms have not yet expired. The appointment
letters for the 5 members are attached. Two members terms will expire at
the end of 2016, leaving only one seat for reappointment at that point but
the charter includes no provisions for the transition year of 2016.
Our sense is that the issue is an unintended oversight in drafting, and or a
misunderstanding of when current board members terms actually expire, or
A d m i n i s t r a t i v e O ffi c e s * G a t e w a y C e n t e r * 5 4 M e a d o w S t r e e t , N e w H a v e n , C T 0 6 5 1 9
P h o n e : ( 2 0 3 ) 6 9 1 - 2 6 8 0 * Fa x : ( 2 0 3 ) 9 4 6 - 7 4 6 8

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both. A review of the legislative history from the Charter Commission

meetings, as well as our recollection, demonstrates various proposed edits to
the Charter with respect to the Board of Education composition, but no
attention to this particular issue. In one set of notes, which includes track
changes edits, the Board remained at eight (8) total seats including the
Mayor, five appointments by the Mayor and two elected positions (as well as
the two non-voting student positions). Yet the final version that was adopted
appears to have dropped to a seven (7) member Board with no debate or
consideration of implications that we could locate.
Given the legislative history of the Charter Commission meetings and the
clear intent to provide for a graceful transition period to the composition of
the Board of Education, we believe that a liberal reading should be applied to
the Transition Period such that the Board will remain at eight (8) members
until the termination of the terms set to expire in 2016. At the time the
Mayor will then have the ability to appoint one member resulting in a Board
of seven (7). In that transition period, the approach to quorum and voting
described below will ensure that Board of Education approved actions remain
valid and appropriate
For the year of 2016, when 8 members are seated but the charter calls for 7
members, the Board of Education would preserve a quorum of 5 voting
members. For purposes of voting, any member that does not attend, or any
member that abstains from voting, would be deemed a non-voting member
for that particular vote for purposes of the charter. If fewer than 8 members
are present at a meeting, then, the vote could then proceed along normal
majority wins rules, where approval is required for action. That is, four votes
would be required to pass an action if 7 or 6 members are present and
voting, and three votes if 5 members are present and voting. If 8 members
are present, and all are voting, then a five vote super-majority would be
necessary for approval making irrelevant the question of which vote is the
additional vote compared to the 7 member charter.
Given the public nature of the Board of Education and its meetings it is
critical that we have clarity to this issue which was not of the Board of
Educations making. In order for the Board of Education to continue its work
and to engage in public meetings and votes confirmation of this opinion is
requested by the Corporation Counsel. Further, a confirming ordinance or
other appropriate action by the Board of Alders may be appropriate.
We are available to review the matter in more detail as needed and look
forward to your prompt response as the Legal Counsel for the City.