Misunderstanding The Rule of Law

Several instances of improper language came up during Monday night’s Board of Selectmen’s meeting, most notably when it was mentioned several times that Winchester’s Town Attorney Kevin Nelligan would issue “a ruling� as to whether this or that was legally acceptable. The term “ruling� elicits an embarrassed cringe because, of course, lawyers do not issue rulings. They issue opinions.

Unfortunately for Winsted, members of the Board of Selectmen seem much less interested in governing the town than they do in covering their keisters with the shield of a lawyer’s opinion when it comes to difficult issues, such as the controversial cut to Recreation Director Alesia Corso’s position.

Selectmen can legally make any motion they want about it, but they install their greatest faith in a single attorney to “rule� what they can or cannot do. The very fact that they call it a ruling shows how little responsiblity they wish to accept.

This situation is not limited to the issue of the recreation position. Mayor Maryann Welcome deferred to Nelligan when she wanted to know whether or not it was appropriate to discuss a proposal to purchase the old Lambert Kay property on Lake Street. If you need an attorney to tell you whether it’s OK to talk about something in public, you’re not exhibiting the greatest leadership skills. That’s just an opinion — not a ruling.

The town attorney was also asked Monday what the Board of Selectmen should do about a letter from the state Department of Environmental Projection (DEP), which fines the town $20,000 for neglecting  an out-of-compliance underground oil tank at Pearson Middle School. Nelligan, who sounded tentative in many instances, ultimately suggested the board authorize Town Manager Owen Quinn to send a letter back to the DEP appealing the fine.

Again, Nelligan was just giving his nonbinding legal opinion as to what should be done, and it sounds perfectly logical, but it’s a little surprising that the town manager and members of the Board of Selectmen, with their many combined years of experience in public service, could not figure this out for themselves. Hopefully, the money they spent on a legal opinion will result in a favorable ruling at the state level.

Latest News

Robert J. Pallone

NORFOLK — Robert J. Pallone, 69, of Perkins St. passed away April 12, 2024, at St. Vincent Medical Center. He was a loving, eccentric CPA. He was kind and compassionate. If you ever needed anything, Bob would be right there. He touched many lives and even saved one.

Bob was born Feb. 5, 1955 in Torrington, the son of the late Joesph and Elizabeth Pallone.

Keep ReadingShow less
The artistic life of Joelle Sander

"Flowers" by the late artist and writer Joelle Sander.

Cornwall Library

The Cornwall Library unveiled its latest art exhibition, “Live It Up!,” showcasing the work of the late West Cornwall resident Joelle Sander on Saturday, April 13. The twenty works on canvas on display were curated in partnership with the library with the help of her son, Jason Sander, from the collection of paintings she left behind to him. Clearly enamored with nature in all its seasons, Sander, who split time between her home in New York City and her country house in Litchfield County, took inspiration from the distinctive white bark trunks of the area’s many birch trees, the swirling snow of Connecticut’s wintery woods, and even the scenic view of the Audubon in Sharon. The sole painting to depict fauna is a melancholy near-abstract outline of a cow, rootless in a miasma haze of plum and Persian blue paint. Her most prominently displayed painting, “Flowers,” effectively builds up layers of paint so that her flurry of petals takes on a three-dimensional texture in their rough application, reminiscent of another Cornwall artist, Don Bracken.

Keep ReadingShow less
A Seder to savor in Sheffield

Rabbi Zach Fredman

Zivar Amrami

On April 23, Race Brook Lodge in Sheffield will host “Feast of Mystics,” a Passover Seder that promises to provide ecstasy for the senses.

“’The Feast of Mystics’ was a title we used for events back when I was running The New Shul,” said Rabbi Zach Fredman of his time at the independent creative community in the West Village in New York City.

Keep ReadingShow less