Nonnewaug Bond Vote Could Face Legal Challenge

The $63.8 million bond for renovations to Nonnewaug High School (NHS) narrowly approved at referendum on June 18 might be subject to a legal challenge, as there was no official notice and warning published in the local papers ahead of the vote.

The Woodbury and Bethlehem Town Clerks have published the notice and warning for Region 14 referendums in the past, however they would received a formal request from the district, according to Woodbury Town Clerk Linda Carlson. No such request was sent this time around.

“Both Town Clerks are in agreement — the bond vote was not legally noticed,” Carlson said Tuesday.

Carlson said she realized the discrepancy last Thursday, when the Bethlehem Town Clerk contacted her requesting a copy of the notice, since she was unable to find one in her office. Looking through the records, Carlson discovered that they had not received one, either.

Carlson contacted the school district to request a copy and was told that the information for the notice was included in the Board of Education meeting minutes sent to the towns on May 17.

“It’s never been done that way,” Carlson said, stating that the Town Clerk’s Office is charged with keeping the official records of the town but that it was not incumbent upon them to read through the minutes and draft a notice and warning.

The Clerks did produce notices for the district in 2006 and 2011, Carlson noted, however in both those instances there were written formal requests to do so.

According to Region 14 Superintendent Jody Goeler, the district did send “referendum package reminder materials” to the towns but, “inadvertently, the reminder letter was not included with the ballot question and minutes.”

However, according to the district’s legal counsel, “Once the district provides the town clerks with the question and the date — in this case on May 17, which was 30 days prior to the referendum date — the towns are to call the referendum, including publishing it in the same manner as town elections,” citing Connecticut General Statues 10-47c and putting the onus on the clerks.

Ultimately, the district’s legal counsel will have to make a decision on whether the referendum results are legitimate, according to Av Harris, spokesman for Secretary of the State Denise Merrill.

Harris said a resident or either town administration could file a lawsuit challenging the referendum’s validity, at which time a judge would resolve the issue.