Amity bylaws shaped by earlier district crisis come into focus after February budget vote

A vote taken by the Amity Finance Committee (AFC) during its February 23 meeting has prompted questions about how the district’s bylaws govern the committee’s structure and voting procedures.

The committee was considering its recommendation on the proposed Amity Regional School District No. 5 budget when the sequence of votes unfolded.

The February 23 meeting included a roll‑call vote in which Board Chair Paul Davis participated along with the six members of the AFC. Earlier in the meeting, a prior motion related to the budget recommendation failed with four of the committee’s six members voting against, according to the draft minutes of the meeting. Davis was not recorded as participating in that earlier vote.

The committee then took a subsequent vote after Davis made a motion to recommend a proposed budget not to exceed a 1.53% increase over this year’s budget. Davis voted along with the committee members, and the motion passed 4–3.

Davis was contacted by the Woodbridge Town Chronicle for clarification about the February 23 vote and responded by email. 

In his response, Davis said the Board Chair is authorized to vote as an ex-officio member of board committees under other sections of the district bylaws. “In By-Law 9132.6 the only two positions serving as ex-officio non-voting members are the Director of Finance and Administration and the Superintendent. Not the Board Chair,” Davis wrote.

He also pointed to other sections of the district bylaws that he said authorize the chair to vote when participating in committees. “The Board Chair is authorized to vote as an ex-officio member of all standing and ad-hoc committees by By-Laws 9121 and 9132. There are no limitations nor exceptions.”

Davis said he was not aware of any request for legal guidance regarding the interpretation of the bylaw. “I am not sure a legal opinion is necessary and none has been requested.”

Regarding the outcome of the February 23 meeting, Davis said the committee had forwarded a budget recommendation to the full board. “The AFC has recommended to the full board a budget for 26-27 not to exceed a 1.53% increase over this year's budget,” Davis wrote. 

He added that the recommendation will now move to the full Amity Board of Education for consideration. “The full board will take this recommendation under advisement as it considers and votes on the budget for the fiscal year ending on June 30, 2027.” 

Davis also noted that the Amity Finance Committee will meet immediately prior to the full Board Monday evening, however he stated, “The AFC does not have another vote on the agenda for its meeting on March 9. The full board does have a possible vote as an agenda item.”

AFC bylaw establishes six‑member structure

The bylaw establishing the Amity Finance Committee sets out a specific structure for the committee and its relationship to other board rules.

“Recognizing the importance of rigorous financial reporting and scrutiny in the regional school district, the Board hereby establishes the Amity Finance Committee (the ‘AFC’) with the obligations, rights, and governance as described in this Section, notwithstanding any other provision in Section 9132 to the contrary.

1. The AFC will consist of three members of the Board and one additional member appointed by each of the three Town Boards of Finance, for a total of six voting members on the AFC.”

2. Each member of the AFC will have equal voting rights.”

This structure creates a committee made up of both Amity Board of Education members and representatives appointed by the Boards of Finance of the district’s three towns — Bethany, Orange, and Woodbridge.

Role of the word ‘notwithstanding’

A later clause in the same bylaw again uses the word “notwithstanding” when describing the role of the Board Chair.

“Notwithstanding any other Board bylaw to the contrary, the Chairperson of the Board may serve as a member of the AFC in such case where the Chairperson appoints himself or herself a member of the AFC.”

The repeated use of the word “notwithstanding” is significant in legal drafting. The term is typically understood to signal that the language of this section takes precedence over other bylaw provisions that might otherwise apply.

In this case, the bylaw first establishes the AFC notwithstanding any other provision in Section 9132, the section of the district bylaws governing board committees. It then separately states that the Board Chair may serve on the committee notwithstanding any other Board bylaw, but only if the Chair appoints himself or herself to one of the six committee seats.

Taken together, those clauses define the AFC as a six‑member committee with equal voting rights composed of three ABOE members and three representatives from the towns’ Boards of Finance. It is the only ABOE committee that includes members who are not serving as elected members of the Board of Education.

Background from earlier Amity governance crisis

The unique structure of the AFC was adopted following a governance and financial crisis in the district more than two decades ago that led to extensive scrutiny of Amity’s financial oversight procedures.

In the early 2000s, the district experienced one of the most turbulent periods in its history as the Amity budget failed repeatedly at referendum, ultimately reaching a state-record 17 failed votes over the course of the 2002-2003 fiscal year. During that period, state law required the district to operate under level funding from the prior year in the absence of an approved budget, creating fiscal uncertainty for both the school district and the three member towns.

Contemporary reporting documented the turmoil as it unfolded. One example is an Orange Bulletin article from September 6, 2001, republished on TownHistory.org as “Amity District Rocked by Budget Revelations.”

Woodbridge resident Leonard Bell, who was serving as a member of the ABOE during the early-2000s governance reforms, was contacted for comment about the original intent of the AFC structure. Bell had been one of three members of the Amity Special Review Committee, an ad hoc ABOE committee that examined the district’s financial operations and presented its findings to the member towns. This committee was principally responsible for leading the creation of the AFC in 2003 and as a member, Bell helped draft the AFC's original charter. He reviewed his archived materials from that period and shared draft versions of the document that preceded the bylaw adopted by the Board.

In the draft marked “Final” and dated May 22, 2003, the provision describing the chair’s role states:

“Notwithstanding any other Board bylaw to the contrary, or any provision of Robert’s Rules of Order to the contrary, the Chairperson of the Board shall serve as an ex-officio member of the AFC, but such Board Chairperson shall not be counted for quorum purposes and shall not have the authority to make, second or vote upon motions at AFC meetings.” [emphasis added]

After reviewing the documents, Bell said the language leaves no ambiguity. “The intent is crystal clear — the Board chair was explicitly prevented from voting,” he said.

Bell said this provision was intended to preserve the committee’s balance between ABOE members and representatives from the three town Boards of Finance. “With three members each, and no tie-breaking seventh vote allowed from the Board chair, the intention was that a tie vote would result in a failed motion,” Bell said.

Bell also submitted a separate commentary expanding on his views about the AFC’s creation. His letter “A ‘fox in the hen house’ at Amity” is published separately.

Next steps

Among other topics, “Discussion and Action on the Superintendent’s Proposed 2026-2027 Budget” is listed on the agenda of the Amity Board of Education regular meeting scheduled for Monday evening, March 9, 2026 at 6:30 pm, following the AFC meeting which begins at 5:30 pm (agenda link). To view the video recording  of Amity district meetings, check the Amity website livestream page, or the district’s YouTube channel.