DEMOCRATIC STATE CENTRAL COMMITTEEDERBY

TOWN COMMITTEE DISPUTE RESOLUTION

BARBARA REYNOLDS DISTRICT 26

TONY DUARTE DISTRICT 3
TOM MCDONOUGH DISTRICT 16

KEVIN REYNOLDS
LEGAL COUNSEL

July 23, 2017

PRELIMINARY STATEMENT

By letter dated July 19, 2017, Frank Rubino filed a complaint pursuant to Article V of the

State Party Rules alleging that the Derby Town Committee (DTC) improperly conducted its

vote to endorse a candidate for Mayor by secret ballot.

The Dispute Resolution Hearing was held on July 22, 2017 by telephone. Serving on the

Dispute Resolution Panel were: Barbara Reynolds of District 26, Tony Duarte of District 3, and

Tom McDonough of District 16. At the hearing, Andrew McIndoo appeared on behalf of the

Complainant. The DTC Chair Linda Fusco appeared on behalf of the Respondent. Carmen

DiCenso, who received the endorsement for Mayor at the July 19th DTC meeting, also

participated.

STATEMENT OF FACTS

The facts in this matter are not in dispute. On July 19th, the DTC voted to endorse Mr.

DiCenso for Mayor. Mr. DiCenso received 21 votes and Mayor Anita Dugatto received 15
votes. The vote was by secret ballot. There was no challenge to the voting process and the

meeting adjourned with the endorsement of Mr. DiCenso for Mayor. Supporters of Mayor

Dugatto left concerned about the use of secret ballot and contacted the State Party the following

day.

Mr. Rubino challenged the endorsement pursuant to Article V of the State Party Rules

because of the secret ballot and requested an expedited hearing.

DISCUSSION

Article VII, Section 8 of the State Party Rules, entitled Rules Governing the Democratic

Party in All Towns, provides as follows:

In accordance with the Charter of the Democratic National Committee, all meetings
of Democratic town committees, subcommittees and all other Democratic Party
committees shall be open to the public, and votes shall not be taken by secret ballot.

The reason behind this rule is that when you cast your ballot in a representative capacity, such as

a town committee member or a delegate, those who elected you have the right to know how you

voted. This is in contrast to when you cast a vote as an individual Democrat such as at a caucus.

When you participate in a caucus as a member of the Democratic Party, you have the right to

cast your ballot in private.

DTC Chair Fusco acknowledged that the town committee erred by not following Article

VII, Section 8 and took full responsibility. The Panel recognizes that Chair Fusco was following

the established tradition in Derby by holding a secret ballot and notes that she did not seek to

help one side over the other. Chair Fusco was very forthright at the hearing.
 Having determined that a violation occurred, the Panel concludes that the proper remedy

is to vacate the endorsement of Mr. DiCenso. This is not to suggest that the open ballot process

would have changed the outcome. It is simply a recognition that an endorsement that is the

result of an improper process cannot stand.

The next question facing the Panel is whether to order a new vote by the DTC under the

appropriate process. This is not a simple question. Selecting a new date injects a great

uncertainty into the equation. Unlike the July 19th meeting which was set with ample notice to

all members of the DTC, a new meeting would have to take place quite soon in order to conform

to the election deadlines. Which town committee members would be able to make the new date?

\Would the outcome of the July 19th meeting influence members one way or the other? Would

the delay in endorsing a candidate affect whether there is a primary or the campaign for the

primary?

Weighing these and other factors, the Panel determines that it would be most appropriate

to vacate the DTCs endorsement and recommend that both candidates gather petitions to qualify

for the primary.

CONCLUSION

The Panel unanimously vacates the mayoral endorsement by the DTC because the vote

improperly was by secret ballot. The Panel also directs the DTC to amend its local rules to

comply with Article VII, Section 8 and prohibit the use of a secret ballot when voting in a

representative capacity.