NEWINGTON - A Town Charter technicality has nullified the Town Council appointment of a former elected official -- now the town attorney says a revote is looming.

       On the evening of January 24, the Council cast four affirmative votes to tap former Democratic Majority Leader Carol Anest for the seat recently vacated by former Democratic Councilor Sharon Braverman.

       The next day, they realized they needed five.

       “As you know, at last night’s meeting, the council took action to appoint a replacement for retiring Councilwoman Sharon Braverman, whose term wouldn’t have expired until this coming November. The vote was four affirmative, two negative, and one abstention. Since then, it has come to my attention that a simple majority of those present was not enough and five votes were needed,” GOP Mayor Beth DeBuono wrote in a January 25 email to the Town Council. “As such, the appointment must be readdressed so we can appoint at replacement. I apologize for the oversight and continue to be excited about moving forward.”

       The Council reconvenes in a 6 p.m. special session this coming Monday -- the lone agenda item is the appointment of Braverman’s replacement.

       Democratic Councilors led by Council Minority Leader Mitch Page hope that the body will consider moving forward with Jon Trister, the Newington Democratic Town Committee (NDTC)’s choice for Braverman’s seat.

       In typical fashion, Trister was put forward through the NDTC’s formal nomination process.

       Anest’s bid for appointment was a floor nomination -- one supported by four GOP Council votes.

       Section 404 of the Town Charter states that all motions -- appointments included -- must pass by no less than five affirmative votes.

       “Right now, the vote that was taken is invalid by our Charter,” Page said. “The Town Council has to come back at some point when we figure this out. When we do, I plan to renominate Mr. Trister.”

       Councilors from both parties, when reached Friday, were less than clear on what it will take to revive the motion -- which, technically, would have failed by falling short of the Charter’s five-vote minimum.

       “I don’t know that we have the right to bring up something that already failed,” Page said.

       He said the NDTC is looking into Robert’s Rules of order -- a set of parliamentary meeting procedures utilized by many municipal governments, including Newington.

       Mayor DelBuono said last Friday that she tasked Ancona with doing the same.

       Their question was whether Robert’s Rules allow a decision-making body a redo on a failed motion.

       “Now the question is, can you fix it?” said NDTC Chair John Kelly. “This is a mess, but they can quickly get out by doing the right thing; calling a special meeting and appointing Jon Trister -- hopefully with a unanimous vote.”

       “I think there are a lot of opinions out there that aren’t legal opinions, which is why we’re relying on our legal resources,” DelBuono said.

       Attorney Ancona thinks it’s straightforward -- he points to Roberts Rule No. 38 governing the renewal of a motion.

       While the rule acknowledges that renewing a motion -- i.e., revisiting it within the same meeting -- can only happen with approval of the prevailing party (in this case, the two dissenting Council Democrats), it also states that “it may be introduced again at any future session”.

       “Rule 38 is pretty direct,” Ancona said. “We’re gonna reconvene, renew the motion and do it as quickly as possible, because minority representation is so important.”

       Minority representation was at the crux of the previous Tuesday night’s controversy, which played out over at-times contentious council deliberations and a lengthy series of public comments -- some questioning why whether to accept the NDTC nomination was even up for debate.

       “The Town Council should accept and welcome Jon, end of discussion,” said NDTC member Neil Ryan. “This shouldn’t be an issue. This is a formality.”

       In the past, it was.

       When a Councilor steps away during mid-term, the political party to that seat nominates a replacement -- by the same state statutory procedure the Republican and Democratic town committees use when selecting candidates to run in a general election.

       When a councilmember resigns before the expiration of their term, there is no electorate to weigh in. The Town Charter empowers the Council to approve or reject a party’s nomination to fill the vacant seat -- a typically seamless transition.

       “We’d like to have the seat filled by the person we recommended,” Kelly said. “They broke the tradition in ignoring the process that’s gone successfully for many, many years.”

       But this is the first time an unexpired term vacancy drew more than one candidate, leaders from both sides have acknowledged.

       “Past precedent was based on the fact that the nominating party’s pick was the only candidate brought forward,” DelBuono said. “We were tasked with having to choose the best candidate for the seat. This is something new to all of us.”

       Kelly still thinks a town committee-nominated candidate should be given preference -- as a reflection of the will of that party’s voters.

       Trister, a Town Planning and Zoning Commissioner who ran unsuccessfully for Council in 2021, was endorsed by the 42-member NDTC a few weeks ago. A political town committee’s members are chosen by the larger electorate of registered voters within its party.

       Councilors say that two days before the meeting, Anest -- a retired three-term Councilor serving on the Newington Emergency Medical Services (NEMS) Committee -- approached Acting Town Manager James Krupienski asking to be considered.

       She was backed by DelBuono, along with Council Republicans Mike Camillo, John Donahue, and Tim Manke -- they say they were simply choosing the candidate they felt was best qualified, as the Charter directs the Council to.

       “For me, it is about the person because we’re elected to make the decision best for the town, and I’d be hard pressed to vote against Carol Anest based on her experience and passion for the town,” DelBuono said.

       GOP Deputy Mayor Gail Budrejko abstained, and Republican Councilor Dave Nagel was absent.

       “It shouldn’t be up to the Democratic party or the Republican party to hand pick a successor. If there’s someone off the floor they should be considered, and that’s what we’re doing,” Manke said. “I didn’t think I’d ever see this. We’re stuck here with two separate candidates, two sets of experience, and two people with the experience and knowledge to serve. To me, it comes down to who has the best experience to serve on the council, especially with the tough budget year. If there’s any time where the council is worth their salt, it’s the budget process.”

       Council Democrats Page and Kim Radda, the two no votes, say that for them, it wasn’t a matter of choosing between two qualified candidates -- but staying true to long-standing procedure regarding respect for minority representation.

       “Carol has more hours working in this town in her pinky than I do, and I respect that,” Page said. “But that is not the issue tonight, and to distract from what I believe is the real issue is dishonest, and it’s shameful. And it’s a black mark on our town tonight if we move ahead with any process other than having the DTC’s nomination honored.”

       “I’m not gonna make this about the person,” Radda added. “We have a process in place for both parties, and this has not been followed. It’s divisive. It does nothing but create further tension and does no service to Mr. Trister or Mrs. Anest.”

       Both Trister and Anest drew supporters to the meeting -- they spoke up during the public comments portion.

       Those backing Trister pointed to his body of volunteer work -- Trister, a 15-year resident earning his Masters in Public Administration at UConn, also serves on the Standing Insurance Committee and as a Soccer Club of Newington Board member.

       “Jon has proven at every point to be somebody dedicated to the future of this town, the future of our children, and what we want to get done,” said town resident Sean Halleran. “He has put in a lot of time to this town. Jon is somebody passionate about where we’re going and how we get there. He’s a good listener and somebody who can offer perspective.”

       Those advocating for Trister’s appointment say that as a parent, he’s invested in the future of Newington’s public schools -- Trister has two children attending Martin Kellogg Middle School.

       “Not only does he have passion, he’s very knowledgeable about our community and has a lot to bring to the table,” said town resident Emily Boushee. “The process is important. A lot of people have lost faith in government, but I like to think what we see in Washington doesn’t happen in Newington.”

       But those endorsing Anest say her experience is unparalleled. Before her Council tenure, the lifelong Newington resident served on the Board of Education and the TPZ -- all while raising her son.

       She also volunteers with Newington Parks and Recreation.

       “Carol puts her heart and soul into everything she does. From a town chair, to running for council, even running for state rep, she was there,” said Diane Serra, a fellow former Democratic Councilor. “She works across party lines to do what’s right for the residents of this town. She’s worked with all the department heads. She knows how to work with unions on contracts. She knows how to work with the Board of Ed.”

       And with a challenging budget season set to begin, such attributes will be critical, others argued.

       “Her knowledge and background is going to be oh so important in this very tight year,” said town resident Dana Havens. “I’m not saying Jon’s heart isn’t in the right place and he wouldn’t do a good job, but we would benefit from her knowledge.”

       Anest was popular during her time in elected office, earning the highest vote tally, among all candidates, when Democrats won a Council majority in the 2017 election.

       But this time, she didn’t approach the NDTC for a nomination, Kelly said.

       Anest did not return a call seeking comment.

       Acting Town Manager Krupienski, who received Anest’s bid for consideration, turned to the Secretary of State’s Office for advice -- to try and reconcile the Council’s Charter powers of appointment and the rights granted to political town committees under Section 9 of the Connecticut General Statutes.

       “In my 18 years as clerk or assistant town clerk, I’ve been accustomed to nominations coming from under Section 9 of the General Statutes,” Krupienski told the Council.

       He says the Secretary of State advised him that, in this case, the Charter trumps state law.

       “They indicated to me that what your charter says, is the process you follow,” Krupienski said.

       He then asked Attorney Ancona to weigh in on the Charter itself.

       Ancona pointed the Council to Section C-204.

       “Vacancies in elective offices, except the Board of Education, from whatever cause arising, shall be filled by the Council for the period until the end of the vacated term,” the section reads. “In filling any vacancy, the Council, and the Board of Education, shall select a person of the same political party as that of the former incumbent.”

       “This is not a party’s appointment, it’s a town’s appointment,” Manke said. “If this was the other way around, the Republicans would do what’s best for the town, and not for the Republican party. The charter’s pretty clear, and it’s pretty clear it’s the council’s decision.”

       “You may have the legal right, but it’s wrong, dishonest, and cynical, and it’s what turns people off to politics,” Councilor Page said. “It’s surreal to me. I can’t believe we’re having this conversation.”

       While there’s no precedent for this kind of situation, detractors say the decision sets a bad one -- for both parties.

       “We have a Republican majority now, but at some point, we may have a Democratic majority,” said Newington Democratic State House Rep Gary Turco. “There could be a very similar situation, and I would hope that Democratic majority would respect the minority representation in this town. It’s a tough decision. You have two great people, but please keep that process in mind.”

       Democrats had the majority the last time a Councilor resigned -- a few years ago DelBuono, after her unsuccessful race against then-Democratic Mayor Steve Woods, stepped in to fill the seat vacated by Republican Dan Dinunzio.

       Kelly, who first got involved in Newington politics in the 1980s, estimates that there have been at least 15 vacancies amid unexpired terms, though he doesn’t think any of them were contested.

       “This has been done, many, many times, and it’s always been that the Democrats, if they’re in the majority, accept the choice of the RTC, and the Republicans, if they’re in the majority, accept the choice of the DTC,” Kelly said over the phone.

       Trister says while he’s disappointed with the result, he’s already looking ahead.

       “I wanna thank everyone who came out to speak in public participation. We don’t always agree, but the spirit of debate is the foundation of democracy, and I’m glad to see the great turnout we had tonight,” Trister said. “Thank you all for sincerely considering my appointment for the Council vacancy.”

       Over the phone the next day, he expressed dismay but said he wasn’t surprised.

       “I had gotten word Monday afternoon that there was a name that had mysteriously popped up,” Trister said last Wednesday morning. “I was really disappointed with the process and how it played out, but what happened, happened, and it was completely legal, so we keep it moving.”

       Only, it technically wasn’t.

       DelBuono chalked up the Charter mishap to “human error” in the heat of a contentious meeting -- she says she takes full responsibility.

       “I, in error, thought a simple majority was enough. I believe in taking responsibility, as the chair of the meeting,” DelBuono said. “I’m deeply sorry, and now all I can do is move forward and rectify it.”

       But Page says that he, too, thought a four-vote “simple majority” was sufficient.

       “We got an email on January 24 from Mr. Ancona saying that a simple majority was all that was needed,” Page said.

       Krupienski has confirmed that much on Wednesday night.

       Ancona acknowledged citing both the Charter and Robert’s Rules in that correspondence -- the latter of which, he said, contains provisions defining a simple majority as sufficient for passing motions.

       “[But] the Charter supersedes Robert’s Rules and frankly, that was my error,” Ancona said.

       Republicans said they wanted to revisit the matter sooner than later -- though there’s no hard deadline for reaching the minimum three minority party council members required by statute.

       While Ancona stated last week that the Council has a clear path to a revote, Page and Kelly say they’re doing their own due diligence -- local Democrats have retained their own legal counsel for a review of Robert’s Rules.

       “We’re not going to rush this through,” Page said. “We’re going to do this thoughtfully, schedule a meeting on a day that members of the public can attend and voice their opinions, one way or the other, and try to fix this.”

       He did say he would be present, whenever a special meeting is scheduled -- now that’s this coming Monday.

       Braverman, who didn’t attend the last Council meeting, has thrown her weight behind Trister.

       “Both our town and our state have well-established traditions of respecting minority representation in government. Over the years, vacancies in minority party positions have occurred from time to time. No matter which party was in the majority, it respected the minority party’s choice for a replacement,” Braverman wrote in a January 26 letter to the community. “I was disappointed to see the Republican party break with that longstanding precedent Tuesday night. Instead of respecting the minority party’s choice for my replacement, they voted to install a self-nominated candidate. The Charter is fairly clear -- this appointment is invalid. I urge my former colleagues to take this opportunity to reconsider their actions and do the right thing by appointing Jon Trister to my former seat on the Council.”