The Waterbury Democrat., 1937-12-22
Judge DickensonHas
 Decided ForRowland
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opinion as to whether the mayor or the controller should have the power to hire auditors to peruse the city's books. Judge Dickenson held that the question was prema- ture and should not be considered until MT. Rowland took offlce and was blocked in an attempt to ob- tain an appropriation for the audit in question.
 "At that time your litigation may be with the board of aldermen" said Judge Dickenson.
 Eleven Positions In Danger Today's decision by Judge Dick enson places in jeopardy the posi- tions of eleven persons, the majority of whom have benn afhliated with that office for the past 16 years. They were connected with the of- flee before the present incumbent, Daniel J. Leary was elected. When Mir. Leary took office he kept the ntire staff practically intact.
 Both parties (Hayes and Row. land) claim exclusive rights to en- gage tn. employes," says Judge Dickenson at the outset of his five- page memorandum. Pertaining to the controller he says:
 No Mention of Assistants
 'In sections of the charter rela- tive to the controllers office, l0l- ll2, no mention Is made of assist. ants. Paragraph l0l provides that the controller shall be under the nd board of finance in all matters charter and ordinances--subject to the general direction of the mayor and board of finance in all matters concerning financial matters or tne
 "section lo2 requires the control- Ter to keep the books of accounts with all city departments and c'ty ofiices.
 "section lo3 requires him to keep account of appropriations and re- ouisitions thereon ,.,
 "Section l04 charges him with the duty of preventing appropriationS from being overdrawn. sestion !Uo requires him to prescribe form ano inspect and supervise accounts o1 all other departments and oincers'
 Requires Him To Audit
 "section i07 requires him to au- dit or cause to be audited the ac- counts of departments and city or. ficers at least every six months ana submit the result to the mayor.
 "section l08 requires him to au- dit or cause to be audited ana Set- tied, accounts of city officers. sec ton l09 makes the controller pur" chasing agent for all departments and offices.
 "Section no requires him to post bonds of $25,000 and to keep office open during hours directed by the mayor"
 commenting on these prescribed duties of tho controller, Judge Dick. enson says, Tt thus appears that although from the duties imposed on the controller he must have as- sistants, no power is given him to appoint such"
 Basis Of Mayors Claim
 The Mayors claim for authority was based on section 60 E and F of the charter. Sextion 60E says. "The mayor shall have the power to con- trol and supervise all officers and departments of the city or town and to that end shall have the power to make and enforce such rules and regulations as he may deem ad. visable for and concerning the or- ganization, management and oper. ation of all the offices and depart ments and agencies which may be created for administration of It's af- fairs and within the limits of ap. propriations to have power to fix numbers and kinds of offices and positions and the rates of compen- sation for all officers and employees except as otherwise noted"
 Section 60 P says, Whenever lin. der this charter an office shall be created and no provision shall oth- erwise be made for the appointment of the incumbent thereof, the may. or shall have the power to ap- point"
 Judge Dickenson comments on this, Tt seems apparent that the controllers assistants are not of- ficers but employees and this is borne out by the Mayors testimony that appointments are by will and may be terminated at any time."
 Mayor Hayes and Controller Elect Rowland were called to the witness stand to testify in the hear. ing of the action last Thursday. Corporation Counsel Charles s. o'Connor appeared for the mayor and Atty. J. Warren Upson. Repub. lican town committee chairman, with A'.orhey Richardson Bronson,