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Commission counsel says library association's edits read like a contract; sends markup back to counsel
Summary
At a July 7 special meeting, the West Haven Charter Revision Commission's counsel said proposed Village Improvement Association (VIA) edits contain contract-style terms on liability, personnel and budget control and recommended returning the markup to VIA counsel for revision; the commission set a July 16 meeting to vote.
The West Haven Charter Revision Commission on July 7 heard from its counsel that a recent markup from the Village Improvement Association (VIA) goes beyond what belongs in a city charter and should be revised before any vote.
Counsel told the commission the VIA's edits — received shortly before the meeting — replaced several charter-style provisions with contract-like language, including expanded indemnification clauses, detailed personnel control (hiring, firing, benefits) and broad statements about control of private and endowed funds. "I don't think it's fit for publication quite yet because, frankly, it's a lot more work than we were asking of them," counsel said.
Why it matters: The council and the commission are deciding what language should be enshrined in the city charter, which is a permanent, public legal document. Counsel said operational details and negotiated defense/indemnity language are typically set in contracts or memoranda of understanding, not in charter text.
Counsel flagged three concrete concerns: potential city liability if the charter obligates the city to defend or indemnify against claims without clear insurance or defense provisions; language that would place private/endowed funds entirely under association control and remove visibility for the council when evaluating future city budget allocations; and phrasing requiring "commercially reasonable" procurement and personnel policies that may be inconsistent with public-union rules.
"They added a few things like the complete title of the Village Improvement Association of West Haven Inc.," counsel said, and added that the association's proposed text "reads more like a contract, as opposed to a charter provision." Counsel recommended returning the document to VIA counsel, thanking them for their work but asking for a narrower draft focused on charter-appropriate statements.
Commission members agreed to request revised language and to continue work before a formal vote. Counsel offered to meet with VIA leadership and circulate a revised draft; the commission agreed a follow-up meeting would be required before voting. Chair Arthur Kelly said the goal is "to have something that is acceptable such that when it goes back to city council, city council understands that this body has done the work to smooth out whatever can be ironed."
Next steps: The commission scheduled a final meeting for July 16 to consider the VIA language and possibly vote after counsel circulates a narrowed draft.
