Nomination and Election of State and Federal Officials; Role of the Registrars of Voters. Nomination and election of State and Federal Officers, State Senators and Representatives, Judge of Probate and two Registrars of Voters, shall be conducted and the Registrars of Voters shall prepare lists of Electors qualified to vote, therefore, in the manner prescribed by the Constitution and the General and Special Laws of this State applicable to the City of Middletown.
The Elected Officials of the City shall be: Mayor, twelve (12) Members of the Common Council, Nine (9) Members of the Board of Education, three (3) Members of the Board of Tax Review, and seven (7) members and three (3) alternate members of the Planning and Zoning Commission. Not more than eight (8) candidates for the Common Council may be nominated by any political party for the elections and the twelve (12) candidates receiving the highest number of votes at said Election shall be declared elected.
No Elected Official of the City, during the full term of the office for which said Official was elected, shall be eligible for appointment to any salaried position except to the position Mayor's Chief of Staff within the City Government. Persons being so appointed must resign from the elected office.
A. 
Term of Office. The term of office for all Elected Officials, shall be four (4) years.
B. 
Date of Election. A meeting of the Electors of the City of Middletown shall be held biennially on the Tuesday after the first Monday of November of the odd-numbered years for the purpose of electing Officials to such Municipal Offices as are provided for in this Charter the terms of which are to expire.
1. 
At the first Biennial Election following adoption of this Charter provision, all Elected Officials will appear on the ballot except for the four (4) longest-serving Board of Education members, three (3) longest-serving Planning and Zoning Commissioners, and one (1) longest serving alternate Planning and Zoning Commissioners.
2. 
The remaining Elected Officials will appear on the off-year Biennial Election, to be held on the Tuesday after the first Monday of November of the next odd-numbered year.
C. 
Commencement of the Term of Office. The Term of Office for all Elected Officials of the City, except as otherwise provided by Law, shall commence at 12 o'clock Noon on the Tuesday following the certification of election of each such Elected Official by the City/Town Clerk and shall continue until 12 o'clock noon of the Tuesday following the Biennial Election in which the Official's term expires.
D. 
Transition Period: Limitation of Authority of the Outgoing Mayor. The period between a Biennial Election for Mayor and the commencement of a term of office for a new Mayor shall be a transition period and during said period the outgoing Mayor shall meet with and assist the incoming Mayor in all aspects of the office of the Mayor and said outgoing Mayor shall not appoint, hire, remove, terminate, discipline, promote, demote or transfer any officer, Department Head, assistant Department Head, commission or committee members, or employee of the City.
Not more than eight (8) members of the Common Council, not more than six (6) members of the Board of Education, not more than one (1) Registrar of Voters, not more than two (2) members of the Board of Assessment Appeals and not more than four (4) members and not more than two (2) alternate members of the Planning and Zoning Commission may be members of the same political party at any time.
The provisions of the General Statutes relating to municipal elections shall govern the conduct of all elections held under the provisions of this Charter except as otherwise provided herein. The Common Council shall set the boundaries of each voting district and at any time may, by Ordinance, alter the boundaries of said districts or establish additional districts.
No person shall be eligible for election to any City office who is not at the time of election a resident of said City and any person ceasing to be a resident or Elector of said City shall thereupon cease to hold elective office in the City.
A. 
Permanent Vacancy. A permanent vacancy in any elective office shall occur by way of death or resignation of the office holder or as otherwise provided by Law.
B. 
Voluntary Temporary Vacancy: Office of the Mayor. A voluntary temporary vacancy in the Office of the Mayor may occur in the following manner:
1. 
Notification by the Mayor to the President and members of the Common Council of a temporary vacancy.
2. 
Termination of above temporary vacancy in the Office of the Mayor shall be by notification by the Mayor to the President of the Common Council of such termination.
C. 
Involuntary Temporary Vacancy: Office of the Mayor. An involuntary temporary vacancy in the Office of Mayor may occur in the following manner:
1. 
In the event of the Mayor's inability to carry out the duties of the Office of Mayor by reason of physical and/or mental disability, the Common Council shall, upon unanimous vote of the Common Council at a regular or special meeting duly warned for that purpose, cause the Mayor to submit to examination by two (2) physicians licensed to practice medicine in the State of Connecticut who shall submit written reports to the City/Town Clerk as to the ability of the Mayor to carry out the duties of the Office of Mayor. If such examination substantiates the Mayor's inability to carry out the duties of the Office of Mayor, the City/Town Clerk shall then declare a temporary vacancy.
2. 
Termination of said temporary vacancy shall be confirmed by two (2) physicians licensed to practice medicine in the State of Connecticut that the Mayor is physically and/or mentally able to carry out the duties of the Office of Mayor who shall submit reports to the City/ Town Clerk who shall notify the President and members of the Common Council of the Mayor's ability to resume office.
D. 
Permanent Elected Office Vacancies (with the exception of Mayor). Except for vacancies in the Office of the Mayor, the Common Council, at a regular or special meeting duly warned for that purpose and next following a Declaration of Permanent Vacancy in an Elective Office, shall, by a Majority Vote of the Common Council, fill any such vacancy. Such appointee shall be a member of the same political party as the predecessor in said office and shall serve the remainder of the term of office of the Elected Official whose position he/ she has been appointed to fill.
E. 
Permanent Vacancy in the Office of the Mayor.
1. 
The First Thirty-Six (36) Months of the Term of Office: Special Election. In the event of a permanent vacancy in the Office of the Mayor during the first thirty-six (36) months of the term to which the Mayor was elected, a Special Election to fill said vacancy shall be called by the Common Council at a regular or special meeting duly warned for that purpose and following a Declaration of Permanent Vacancy in the Office of the Mayor.
2. 
The Last Twelve (12) Months of the Term of Office: Succession by the President of the Common Council. The President of the Common Council shall assume the Office of the Mayor in the event of a permanent vacancy during the last twelve (12) months of the Mayor's term and the President shall serve as Mayor until 12:00 Noon the Tuesday following the next Biennial Election.
3. 
Simultaneous Vacancy of the Office of Mayor and President of the Council. In the event of permanent simultaneous vacancies in the offices of Mayor and President of the Council, the President Pro Tempore of the Council shall assume the position of interim Mayor either until the special election called by the Common Council, if such vacancies occur during the first thirty-six (36) months of the term, or until a special Council meeting called within ten (10) Days to elect a President if such vacancies occur during the last twelve (12) months of the term.
F. 
Declaration of Vacancy. A declaration of vacancy in any office shall be made by the Mayor or, in the Mayor's absence, the President of the Common Council upon written notification of such vacancy from the City/Town Clerk, which notice to the Mayor or, in the Mayor's absence, to the President of the Common Council, shall be made forthwith.
The Common Council shall call and warn Special Elections when required by any provision of the Connecticut General Statutes.
A. 
Statement of Purpose. Public office is a public trust. The trust of the public is essential for government to function effectively. Public policy developed by Officials affect every citizen of the municipality, and it must be based on honest and fair deliberations and decision. This process must be free from threats, favoritism, nepotism, undue influence, and all forms of impropriety so that the confidence of the public is not eroded. By setting forth this Statement of Purpose, the City of Middletown seeks to articulate a policy that will continually strive to maintain and increase the confidence of our citizens in the integrity and fairness of their government. Public Officials and employees must discharge their duties impartially so as to assure fair competitive access to government procurement by responsible contractors. In turn, those contractors should conduct themselves in such a manner as to foster public confidence in the integrity of the competitive process. In all cases, the reality and appearance of impropriety should be addressed by the Conflict of Interest Policy and Ethics Ordinance.
B. 
Conflict of Interest Policy and Ethics Ordinance. The City shall adopt a Code of Ethics, by Ordinance ("Ethics Code"). The Ethics Code shall cover all Officials and employees of the City, whether elected or appointed, paid or unpaid, and individuals and entities seeking to and conducting business with the City. The purpose of the Ethics Code is to establish suitable ethical standards by prohibiting acts or actions incompatible with the discharge of their public duties and the best interests of the City, and by directing disclosure of private financial interest or personal interest in matters affecting the City by such elected and appointed Officials or employees as well as such individuals and entities seeking to and conducting business with the City. The Ordinance shall designate an Official to provide all Public Officials and employees of the City with copies of the provisions of this section of the Charter and the implementing Ordinances and policies enacted hereunder, upon the commencement of their public service and/or employment.
1. 
Comment and Review by Board of Ethics. The Council shall enact a Code of Ethics by Ordinance (and/or amendments thereto) following public review and comment by the Board of Ethics, in a manner consistent with the provisions of this Charter.
2. 
Recusal. The Official or employee filing a disclosure under this Charter or Ordinance with the City/Town Clerk shall refrain from voting, participating or acting on matters which are the subject of such disclosures.
3. 
Violation. In addition to any remedies or penalties set forth in the Ordinance effectuating this provision of the Charter, any finding of a violation by the Board of Ethics, as set forth in the Code of Ordinances:
a. 
shall render any action, including but not limited to any contract or agreement involved voidable at the option of the City;
b. 
may result in the discipline of Officials and employees in accordance with the provisions of this Charter and Ordinances; and,
c. 
may result in disqualifying individuals or entities from engaging in business with the City for a period of time to be established by Ordinance.
C. 
Conflict of Interest and Corrupt Practices. No Official shall violate the provisions of the General Statutes, this Charter or Ordinances pertaining to conflicts of interest and corrupt practices. The Ordinance required by this Charter shall define and set forth the parameters of conflicts of interest and corrupt practices.
A. 
Removal of a Department Head. The Mayor shall have the power to remove any Department Head as set forth in Chapter V, Section 2.B of this Charter.
B. 
Removal of Appointed Commission and Committee Members. Unless otherwise set forth in the General Statutes or this Charter, the Mayor may initiate proceedings before the City Council to remove a member of any appointed Board, Commission, or relevant position or "panel of alternates" for any of the following reasons:
1. 
misconduct in the performance of duties;
2. 
persistent absence from three (3) consecutive meetings, without good cause shown, upon recommendation of the Chair of or Department Head associated with said commission;
3. 
conviction of a felony while in office;
4. 
conviction of a misdemeanor which would undermine the public confidence in the member's ability to perform the duties of office, while in office.
Rules of Procedure for the removal of said member shall be set by Ordinance.
A. 
An Elected Official may be removed from office, for cause, by the Common Council by a vote of nine (9) membership of the Council; subject to any applicable provisions of the General Statutes.
B. 
Recitation of Charges. No such Elected Official of the City ("charged party") may be removed except upon charges, which shall be proffered following a Majority Vote of the Common Council. Removal may not occur in the absence of a hearing thereon before a plenary session of the Council.
C. 
Notice. Written notice by the Council of the charges and time and place of hearing shall be given to the charged party at least fifteen (15) Days prior to such hearing. Said notice shall either be (1) mailed to the charged party by registered or certified mail, in each case, return receipt requested and postage prepaid or national recognized overnight courier, with receipt and all fees prepaid; or, (2) addressed to an officer authorized to serve legal process with a direction to make personal service upon the charged party of the same, within the time prescribed.
D. 
Grounds of Cause. Such charges shall be for:
1. 
Conviction of a felony, while in office;
2. 
Conviction of a lesser crime involving fraudulent or dishonest conduct, while in office; or,
3. 
Determination of physical or mental incapacity to serve, based upon examinations by two (2) physicians licensed to practice medicine in the State of Connecticut who shall submit written reports to the City/Town Clerk as to the ability of the Elected Official to carry out the duties of the duties of office.
E. 
Right to Counsel. Such Elected Official shall have the right to be represented by counsel at the hearing, to present evidence and testimony personally and through witnesses, and to cross-examine witnesses.
F. 
Public Hearing. Such hearing shall be open to the public and transcribed, except as otherwise permitted by Law.
G. 
Appeal. Any such Elected Official may, within thirty (30) Days from the date when the decision to remove is taken following such hearing, take any appeals as may be permitted by Law.