Did Sharon council tentatively pass a 10 percent tax hike for 2009 Thursday night?

No one seems to be sure.

According to the home rule charter that took effect this year, any increase in taxes must be approved by a supermajority of council which is four members.

A vote Thursday on an ordinance setting a 4-mill real estate tax increase resulted in 3 members for it and two against.

No one at the meeting announced whether the measure passed or failed after that vote. The Herald reported that it passed.

“I’m surprised nobody mentioned it,” said council member Frank Connelly, who voted against the hike along with Bob Messina.

Council President Victor Heutsche Friday morning said he thought the vote meant council would have to have a special meeting in order to get two readings of the tax ordinance done before council’s Dec. 28 deadline to pass a final budget.

He also said he was unsure if that meant the preliminary budget passed or not because the tax increase is part of the budget.

Later in the day, Lucas said he spoke to city Solicitor William J. Madden, who said that the supermajority vote is only needed for the final adoption of the budget. The Herald was unable to contact Madden on Friday.

Connelly Friday said that the way he read the charter council needed two votes, both with a supermajority, to pass a tax hike.

“I assumed last night when we didn’t get the four votes … that we’d have to change (the ordinance) and vote again,” he said.

Another Sharon lawyer who was involved in drafting the charter and is part of the team working on the transition from the old form of government to the new reads the charter differently.

William McConnell Jr. said he didn’t think two votes on an ordinance is necessary under the charter. The way he interprets the law, a preliminary budget does not need to officially be passed by a council vote, he said.

“Maybe we’re OK then,” Heutsche said Friday afternoon after hearing McConnell’s take on the issue.

“I’m a little confused there,” Connelly said, after hearing the different takes on the law.