DocketNumber: No. 553964
Citation Numbers: 2000 Conn. Super. Ct. 10132, 28 Conn. L. Rptr. 21
Judges: MARTIN, JUDGE.
Filed Date: 8/22/2000
Status: Non-Precedential
Modified Date: 4/17/2021
On April 3, 2000, the defendants filed an answer. The defendants deny that Granato, when appointed in January, had already served the maximum term of office permitted by ordinance, and that Granato is serving on the Planning and Zoning Commission illegally. The defendants admit the other allegations of the complaint.
The defendants filed the present motion for summary judgment on April 26, 2000. In their motion, the defendants state that they are entitled to judgment as a matter of law on the quo warranto count because Granato's appointment to the Planning and Zoning Commission is lawful under the clear and unambiguous language of the ordinance governing Commission members' term limits. The defendants also claim that the motion should be granted as to the mandamus count because the plaintiffs have an adequate remedy at law. The defendants and plaintiffs have filed memoranda of law and documentary evidence in support of their respective positions.
There is no disagreement between the plaintiffs and defendants as to the material facts of this case. The parties agree that Granato completed his second full consecutive term on the Planning and Zoning Commission on September 30, 1999. The parties also agree that on January 12, 2000, Granato was appointed to fill a vacancy on the Commission. The disagreement between the parties involves the application to these facts of the Town's ordinance limiting the term of office for members of the Commission. "[T]he interpretation of a charter or ordinance is a question of law." Fennel v. Hartford,
The ordinance at issue in this case provides in part as follows: "No regular or alternate appointee to the Inland Wetlands and Water Courses Commission, Planning and Zoning Commission, or the Zoning Board of Appeals shall serve more that two (2) consecutive full three (3) year terms in the same capacity (regular or alternate)." ORDINANCE RE: MEMBERSHIP ON LAND USE COMMISSIONS § 4, adopted March 2, 1987. "An CT Page 10134 ordinance is a legislative enactment of a municipality. . . . An ordinance is subject to the same canons of construction as are applied to state statutes." (Citations omitted.) Blue Sky Bar, Inc. v. Stratford,
"[A] basic tenet of statutory construction is that when a statute . . ., is clear and unambiguous, there is no room for construction." (Internal quotation marks omitted.) Oller v. Oller-Chiang,
"A word or statute is ambiguous when capable of being interpreted by reasonably well-informed persons in either of two or more senses." (Internal quotation marks omitted.) Federal Aviation Administration v.Administrator,
The plaintiffs have submitted a sworn affidavit by Peter Dibble, a former First Selectman of the Town of Stonington. Dibble states that he was the "principal draftsman" of the 1987 ordinance at issue in this CT Page 10135 case, and that he believes that the reappointment of Granato "violated the letter and spirit of the law." The plaintiffs urge the court to accept these statements as evidence of the intent underlying the enactment of the ordinance. It is a basic rule of statutory construction, however, that "[p]ost-enactment views of those involved with the legislation should not be considered when interpreting the statute. . . . While contemporaneous sponsor statements are frequently used as extrinsic aids to legislative intent, post enactment statements of legislators on legislative intent have been disapproved. They are of limited legal value to an understanding [of] the clear meaning and legal effect of statutes." 2A J. Sutherland, Statutory Construction (6th Ed. Singer 2000) § 48:20, pp. 488-89; see also General MediaCommunications, Inc. v. Cohen,
Two of the plaintiffs, Gail A. Shea and Dora Hill, have also submitted affidavits in which they reiterate their understanding that the ordinance creates an absolute limit of two full terms. Shea's affidavit discusses past statements and actions of the Board of Selectmen that Shea claims indicate that the Board agreed with the plaintiffs' interpretation of the ordinance. Specifically, Shea's affidavit describes an occasion on which the Board of Selectmen did not permit a Planning and Zoning Commission member, Jack Steel, to serve an additional term after he had already served two full terms.2 The defendants have submitted the affidavit of Donald R. Maranell, First Selectman of the Town of Stonington, who claims that on several occasions, individuals have served additional terms pursuant to the ordinance after serving two full consecutive terms. In response, the plaintiffs have submitted additional affidavits disputing the allegations of the defendants' affidavits. Even if the evidence on these matters were not in dispute, it would still be irrelevant. As stated above, the meaning of the ordinance is a question of law, and past interpretations by the Board of Selectmen do not resolve the question any more than the Board's current interpretation.
The history of the text of the ordinance, however, strongly supports the defendants' interpretation of the statute. As originally enacted in 1985, the ordinance provided, "No regular or alternate appointee to the Inland Wetlands and Water Courses Commission, Planning and Zoning Commission, or the Zoning Board of Appeals shall serve more that one (1) consecutive full three (3) year term in the same capacity (regular or CT Page 10136 alternate)." ORDINANCE RE: Membership and term of office of the Inlands Wetlands and Water Courses Commission, the Planning and Zoning Commission and the Zoning Board of Appeals § 4, adopted May 4, 1985. The 1987 amendment, therefore, kept the 1985 language intact, with the only change being the substitution of "two (2) consecutive full three (3) year terms" for "one (1) consecutive full three (3) year term."
While the 1987 ordinance is ambiguous on its face because the defendants' and plaintiffs' interpretations are both reasonable, the 1985 version of the ordinance is unambiguous, because the plaintiffs' interpretation is unreasonable as applied to that version of the ordinance. As discussed above, the plaintiffs interpret the phrase "two . . . consecutive full three . . . year terms" in the 1987 ordinance as setting out a maximum term of office. According to the plaintiffs' interpretation, any individual who has served two consecutive full three year terms may never again serve on the Commission. Applying this same interpretation to 1985 ordinance, however, leads to an absurd result. Under the plaintiffs' interpretation, the phrase "one . . . consecutive full three . . . year term" would be understood to be the maximum term of office; once an individual had served "one . . . consecutive full three . . . year term," he or she could never again serve on the commission. The word "consecutive" is superfluous and absurd under this interpretation, because there is no such thing as one consecutive term. See supra note 1. "We presume that the legislature had a purpose for each sentence, clause or phrase in a legislative enactment, and that it did not intend to enact meaningless provisions." Turner v. Turner,
The defendants' interpretation, on the other hand, is reasonable when applied to the 1985 ordinance. Under the defendants' interpretation, the 1985 ordinance provides that an individual may serve more than one term only if the terms are non-consecutive, or if only one term is a full term. Because this is the only reasonable interpretation,3 the 1985 version of the statute is unambiguous. As discussed above, the only effect of the 1987 amendment was to change "one . . . year" to "two years." The structure and wording of the provision was otherwise unchanged. When a word or phrase is used in one legislative enactment and is subsequently used in another enactment dealing with the same subject matter, the word or phrase should be given the same meaning unless there is some indication that the legislative body intended a change in meaning. Board of Public Utilities Commissioners v. Yankee Gas ServicesCo.,
Because the 1987 version of the ordinance must be given the same interpretation as the 1985 version, the ordinance provides that an individual may serve more than two terms on the Zoning and Planning Commission of the Town of Stonington, so long as no more than two full terms are consecutive. In the present case, the parties agree that Granato has served two full consecutive terms and that there was a break between the second of those terms and Granato's current term. Granato's current term is therefore not consecutive to his previous terms, and his reappointment to the Planning and Zoning Commission was not a violation of the ordinances of the Town of Stonington.
MARTIN, J.