Regarding the recent commentary, “Fredonia referendum is likely illegal,” I would like to address the question of the referendum in the mid 1980s regarding Village Hall removal and replacement. I was village attorney at the time.

The referendum on demolishing Village Hall was authorized by petition of the required number of qualified voters (electors) of the village.The village was not required by law to have mandatory referendum on the issue. The referendum was a permissive referendum. Permissive referendum means the bond resolution to finance the demolition of Village Hall and a new Village Hall was subject to a public vote if certain procedures were adhered to. The public vote was not required (mandatory referendum), it legally was permissive subject to compliance with certain procedures. If no petition for a vote is submitted within 30 days after adoption of the bond resolution, the Village Board decision is final, unless the Village failed to comply with the law.

Where the proposed bonds to be issued have a maturity exceeding five years, as was the case in Village Hall matter, the state Local Finance Law permits a public vote on the matter. The permissive public vote can be called either by the Board of Trustees on its own motion or by a petition signed by at least 20% of the qualified Village voters calling for a public vote on the matter.

In the Fredonia case of the demolition of Village Hall and building a new one, a petition was submitted by at least 20% of Fredonia qualified voters to have a public vote (permissive referendum) on the matter. At the public vote, Fredonia voters overwhelmingly defeated the proposed bond resolution to demolish Village Hall. The village residents decided by vote to keep Village Hall and the Opera House.

A mandatory referendum, however, is reserved for matters that go to the essence of Village government such as reducing the number of trustees, curtailing the powers of elected officials, dissolving the village and there are others.

The village had excellent bonding attorneys overseeing this matter.

I hope this helps to clarify the issue of a public permissive referendum.

Sam Drayo, Fredonia resident, previously served as attorney for the village of Fredonia.