The views stated here are those of the author and do not necessarily reflect those of the editors of this newspaper. We welcome supporting or opposing views on any published item. Received November 1, 2021.
Dear Editor:
In the midst of the confusion and fuss over the Killingworth Town Counsel’s “opinion” relative to the legality of holding a Selectman’s position and an RSD 17 Board of Education position simultaneously an important fact has gone unnoticed; there likely is no valid Town Counsel opinion on the issue.
The Killingworth Charter, section 8-9, titled Town Counsel, provides in pertinent part:
“The Town Counsel or firm shall furnish such legal services to the Town, its officers, and agencies as the Board of Selectmen may authorize and shall be the legal advisor to such Town officers or agencies in all matters affecting the Town; and shall, upon written request submitted to him/her through the Board of Selectmen, provide a written opinion on any question of law involving the respective powers and/or duties of the officers or agencies.”
To the best of my knowledge and belief, no such written authority was considered, voted on or given to the Town Counsel by the Board of Selectmen to render an opinion on the issue. The purported “opinion” of the Town Counsel appears to be without authorization and therefore, in my opinion, is void and has no binding effect.
Sincerely,
Andrew J. O’Neill
Killingworth Resident
