OLR Report 2014-R-0019 answers the question: Can a municipality split its budget referendum to hold separate votes on the town and board of education budgets? This report updates OLR Report 2003-R-0128.
A municipality may enact a charter or home rule ordinance provision to hold separate votes on the town and board of education budgets. In 2004, the state Supreme Court upheld a provision in Naugatuck’s charter that allowed separate referenda on the town operating budget and the board of education budget. In doing so, it reversed an Appellate Court decision that held the provision conflicted with the statutory budget approval process and upset the balance of power between the boards of education and finance.
The Supreme Court held that local budgetary policy is a matter of local, rather than statewide, concern and thus municipal charter provisions supersede statutory provisions on the same subject. It also found that Naugatuck’s charter provision did not conflict with the various powers and duties of the boards of education and finance (Board of Education v. Naugatuck, 268 Conn. 295 (2004)).
According to a 2011 study conducted by the town of Hebron, 39 Connecticut municipalities require or authorize split votes on the town and board of education budgets.
For more information, read the full report.
