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Tolland council declines to seat DTC-endorsed nominee after legal advice despite 3–2 roll call
Summary
A Jan. 27 council roll call favored seating the Democratic Town Committee nominee 3–2, but the town manager relayed the town attorney's advice that four affirmative votes were required; the nominee was not seated and residents sharply criticized the council's decision.
The Tolland Town Council held a contentious debate on Jan. 27 about filling a recent council vacancy and ultimately did not seat the Democratic Town Committee's nominee after legal counsel was cited.
Chair opened the new-business discussion by noting the charter requires the council to fill vacancies within 30 days and said the DTC had endorsed a long-time town volunteer for the seat. Town Manager Brian told the council he had consulted the town attorney and that, according to the attorney's advice relayed to the council, the appointment would require four affirmative votes to be valid. "We need four affirmative votes to move forward," the town manager told the chamber.
Councilor Beebe moved to appoint the DTC-endorsed nominee; Councilor Wells seconded the motion. Councilors then debated whether the council should act on a single nominee immediately or wait until both vacancies could be considered together. Supporters said the nominee met charter qualifications and emphasized the need to restore full membership and functionality to the council; opponents argued caution was warranted given recent contentious behavior by some appointees and concerns about future nominee selections.
The chair called a roll-call vote that the meeting record shows produced a 3–2 result in favor of the motion. After the roll call, the chair announced: "Based on the town manager's representation of what the attorney advised, we will not see [the nominee] tonight." The council therefore did not seat the nominee that evening.
Public comment that followed was dominated by speakers urging the council to seat the nominee. Mackenzie Manning Ellis, who gave her name and address for the record, said she was "profoundly disappointed in the inaction to seat a qualified" council member and urged the council to "move beyond the two vacancies and get to work." Several other residents, including veterans and long-time volunteers, said the nominee had a record of local service and described the council's refusal as partisan obstruction. A smaller set of speakers and council members said concerns about prior conduct and social-media postings informed their reluctance.
What happens next: Chair and staff indicated legal ambiguity about the consequences if a seat remains vacant past 30 days and said council members would continue to consult town counsel. The council's decision means the vacancy was not filled that night; the item could return to the agenda when next steps or additional nominees are presented.
