By Thane Grauel
WESTPORT — An effort by citizens to have the Representative Town Meeting review the Downtown Plan Implementation Committee’s handling of proposed Parker Harding lot redesign has sparked a debate that goes beyond asphalt and parking spaces.
A petition signed by more than 50 residents and verified by the town clerk in June — in time to make the Sept. 5 agenda and with far more than the requisite 20 signatures — appears to have been brushed aside by RTM Moderator Jeff Wieser, District 4.
Some of the petitioners say that upends the traditional New England-format democracy Westport is accustomed to.
It stands in contrast to placement of three other items added to Tuesday’s agenda for the RTM, via petitions filed by RTM members
Some background: The RTM Rules of Procedure, enacted in 1979, and amended since, state:
“The Moderator or, in the event of the Moderator’s inability to act, the Deputy Moderator or, in the event of the inability of both, the Town Clerk shall place on the agenda of the Representative Town Meeting such matters as the First Selectman, two Representative Town Meeting members or 20 electors of the Town may request by written notice delivered to the Moderator or the Town Clerk not less than 14 days prior to a Representative Town Meeting, not including the day of the meeting or the day of delivery of the notice. The Moderator may place any item on the agenda for any Representative Town Meeting.”
“Shall place on the agenda” sounds like straightforward, old-fashioned Town Meeting democracy.
But things appear to have gotten complicated along the way.
Wieser asked for a legal opinion from the Town Attorney’s Office.
According to a memo from Assistant Town Attorney Eileen Flug, “Shall” isn’t so straightforward. She cited case law, and her own prior experience as moderator, and essentially said it’s up to Wieser what’s put on meeting agendas. Issues the body doesn’t have purview over don’t need to be addressed. Read her memo below.
Is Wieser running a tight ship, keeping the RTM focused on issues it has a real-time role in, or is he disregarding the voice of the people, and perhaps making Westport less democratic?
Opinions vary.
“The key part of this are the words ‘shall place on the agenda,’ John McCarthy, the lead petitioner, wrote in an email shared with all RTM members.
“It does not say ‘shall use his/her own judgment about placing such matters on the agenda.’ It does not say ‘shall consult with the Town Attorney or First Selectwoman for their opinion on whether such matters should be placed on the agenda.’ It is a pretty simple promise from the RTM to all Westporters that they do have the right to directly petition their local government,” he wrote.
John F. Suggs, a former RTM member from District 5 (now running again) and past candidate for first selectman, didn’t buy the argument that Parker Harding isn’t in the RTM’s purview.
‘It’s the ultimate democracy. You want to talk about whether the Boston Red Sox or the Yankees are the best, get 20 electors and you can have that discussion.’
John f. suggs
“Because the RTM petition rule forms the very heart of our democracy — 20 electors can get anything they consider important placed on the RTM agenda for discussion — this whole sad, sordid incident has resonated deeply for me as a local example of authoritarian behavior,” he said.
Suggs offered as examples the RTM has in the past taken up women’s reproductive rights, the war in Ukraine and even the Vietnam War.
“It’s the ultimate democracy,” Suggs told the Westport Journal. “You want to talk about whether the Boston Red Sox or the Yankees are the best, get 20 electors and you can have that discussion.”
“It’s a blatant attempt to silence the voice of the people,” he said of Wieser’s action. “That’s the issue here.”
Wieser could not be reached for comment Monday, but appeared to bristle at the allegations in an email he shared with RTM members.
“For 16 years I have chosen to defend the RTM and the processes which have made it the most effective, most democratic, most bipartisan institution I know,” Wieser wrote to Suggs.
“Over the years, it has come under criticism for allowing TOO much discourse, and I have abided that criticism, understanding that the discourse that takes place in our meetings produces sound, fair results.
‘For 16 years I have chosen to defend the RTM and the processes which have made it the most effective, most democratic, most bipartisan institution I know’
RTM Moderator jeff wieser
“I will also protect it from becoming sounding boards for anyone who wants to make a point over which we have no current legislative obligation. To call this “tyranny” is, in my opinion only, laughable, but I will always defer to the will of the RTM members, which you may once again become. I wish you good luck.”
Thane Grauel grew up in Westport and has been a journalist in Fairfield County and beyond for 35 years. Reach him at editor@westportjournal.com. Learn more about us here.
As I have told the lead petitioner, the RTM does not have rules for matters presented to the RTM that do not require a vote of any kind. I suggested to Mr. McCarthy weeks ago that if this were a sense of the meeting, we could work with it, and in the meantime we are reviewing – calmly – the issues brought up by this petition. I had a productive call with Mr. McCarthy yesterday, and you should have spoken with him before repeating these comments from last week. So sorry I missed your call on Labor Day night, but you should try harder to speak to me – or the lead petitioner! – before you highlight incendiary quotes from others.