The Common Council shall be the legislative body of the City and, as such, the legislative power and authority shall vest in the Council. No enumeration of powers set forth in this Charter shall be deemed to limit the legislative authority of the Council as provide for in the General Statutes.
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Date of Organization. The Members of the Common Council shall meet to organize no later than ten (10) Days following the commencement of its term of office.
B. 
Officers of the Council: President and President Pro Tempore. Effective at the Date of Organization following the election of November 2023, the members shall choose one of its members to be President of the Common Council and another to be President Pro Tempore of the Council, each for the term of office.
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Such President shall preside over all meetings of the Council, in the absence of the Mayor, and perform such other duties consistent with the office as may be imposed by the Council, but such President shall not vote more than once on any question.
2. 
The President shall act as Mayor during any temporary vacancy in the Office of Mayor or until a permanent vacancy in the Office of Mayor has been filled as provided for in Chapter II, Section 8 of this Charter.
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During the President's absence or disability, the President's duties shall be performed by the President Pro Tempore.
C. 
Stipend. Each such member shall receive such stipend as may be provided by Law.
D. 
Staff. The Common Council may appoint such staff as it deems necessary to assist it in the performance of its duties.
1. 
Council Clerk. There shall be a Council Clerk, recommended by the President and approved by the Council and who shall keep for public inspection copies of every proposed Ordinance and a record of all proceedings including all roll call votes. The position of the Council Clerk shall be included in the Classification Plan of the City in accordance with the provisions of Chapter X of this Charter and shall retain all rights and privileges that pertain to such plan and any collective bargaining agreement pertinent to said Clerk; however, shall be under the supervision of the President of the Council.
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All records so kept shall be authenticated by the signature of such Council Clerk or the President of the Council or both.
b. 
The Council Clerk shall be responsible for the publication of such notices of hearing and publication of Ordinances, as may be necessary, and perform such other duties as the Council may determine.
Transition Provision. The Council Clerk in office at the effective date of this provision shall remain in office and retain all rights and privileges that pertain to such classification that is currently include under Chapter X of this Charter and any collective bargaining agreement pertinent to said Clerk. For the remainder of the term following adoption of the revised Charter the Council Clerk shall report to and be under the supervision of the Majority Leader.
2. 
Legal Assistance. By a vote of nine (9) members and in consultation with the Office of the General Counsel, the Common Council may retain outside counsel for advice on individual matters. In furtherance of this authority, the Council may also provide an appropriation for hiring its own counsel in the annual budget or a transfer, if required.
3. 
Parliamentarian. The President may appoint a parliamentarian.
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Rules of Council. The Common Council shall determine its own rules of procedure, within forty-five (45) Days following the election of members, which rules may be amended from time to time. The rules of the prior Council term shall apply until such rules are adopted.
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Council Commissions. The Common Council shall establish as many Councilmanic Commissions as it shall deem necessary at any time to carry out the City's business. Each such Commission shall keep records of its proceedings and provide such information as may be requested by the Common Council. All such Councilmanic Commissions shall be advisory in nature, and shall have no authority to direct the administration of any Department.
2. 
Quorum. A majority of the members of the Common Council shall constitute a quorum. In determining a quorum, the President or President Pro Tempore of the Council, when either is serving as presiding officer, shall be counted toward a quorum and shall be allowed to vote on any matters in their capacity as a member of the Council Member. Said presiding member shall not have more than one (1) vote.
3. 
Regular Meetings. Regular meetings of the Common Council shall be held on the first Monday of every month. If said Monday shall fall upon a legal holiday, as provided in the General Statutes, the Council shall meet on the Tuesday immediately following.
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Special Meetings. Special meetings may be called by the Mayor or by the President of the Common Council, or upon a call signed by not fewer than five (5) members of the Common Council.
B. 
Council Action in Accordance with Rules. No appropriation, Resolution, Order, Ordinance, report or other item of business shall be placed on any Common Council agenda unless it is filed with the Council Clerk in accordance with the rules established by the Common Council or a waiver of the rules to allow the inclusion of any matter shall have been approved by nine (9) Council Members.
C. 
Public Comment. Subject to the rules of the Council, the public shall have the right to address the Council at any Council meeting on any item on the agenda for the Council meeting at which they speak and may address the Council on non-agenda matters of general public concern only in accordance with provisions established by the Council for such input.
A. 
Powers and Duties. The Common Council shall have the powers and duties which, on the effective date of this Charter, were conferred by Law upon Officials, Boards and Commissions existing immediately prior to said date, excepting, as otherwise provided in, or inconsistent with this Charter and amendments thereto, or established by General or Special Acts of the General Assembly.
B. 
Powers, Authority and Duties: Majority Vote Present and Voting. Said Council shall have the power, authority and duty by a Majority Vote of the Common Council to make such bylaws and Ordinances and to adopt such Resolutions and Orders as are deemed necessary for the conduct of the City's business, subject to the provision for hearings as provided herein, and not inconsistent with the Laws of the State of Connecticut and/or of the United States:
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to levy taxes as provided herein; to regulate the borrowing of money by the City;
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to adopt a budget for each fiscal year subject to the provisions herein; to authorize the issue of such bonds or notes as are required for the conduct of the City's business and other purposes as provided herein;
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to appropriate such funds as may be required for the proper conduct of the City's business;
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to determine and appropriate such salaries, expenses, compensation or other sums to be paid to all Elected Officials, including the stipend to be received by members of the Common Council, provided such salaries, expenses, compensation or other sums shall not take effect before 12:00 Noon the Tuesday following the next biennial municipal election;
5. 
to review and approve all contracts, including agreements to settle litigation against the City, or those memoranda of agreement with collective bargaining units that meet the following criteria, which create a financial responsibility, on the current or any future City budget, which have not previously been approved by the Council through the budgetary process and authorize the Mayor to sign the same on behalf of the City; and,
6. 
it shall have such other powers appropriate to the exercise of its authority as the legislative body of the City and such powers and duties which, on the effective date of this Charter, were conferred by Law.
C. 
Appropriations for Fire Services. In addition to all other powers, the Common Council shall have the power to make appropriations for all things necessary or desirable to protect the City from fire, including but not limited to, appropriations for the Middletown Fire District, the South Fire District of the City of Middletown and the Westfield Fire District of the City of Middletown.
A. 
Effective Date of Council Actions. No bylaw, Ordinance, budgetary resolution or appropriation passed by the Common Council shall take effect and be enforced until fifteen (15) Days after such bylaw, Ordinance or a summary thereof, budgetary resolution, or supplemental appropriation shall have been published in accord with the Public Notice requirements of this Charter. Resolutions and Orders shall be effective upon passage; with the exception of budgetary resolutions.
B. 
Filing of Bylaws, Ordinances and Orders. Prior to the Public Notice of a summary, a copy of the full text of the bylaw, Ordinance or Order shall be filed in accordance with the Public Notice requirements of this Charter and be available for public inspection. The summary shall include the title and a general statement of the subject matter of the bylaw, Ordinance or Order and shall state that a copy of the full text is on file in the Office of the City/Town Clerk and on the City's website.
C. 
Certificate of the City/Town Clerk. The certificate of the City/Town Clerk, upon the records of the Common Council, that such bylaw, Ordinance, Order, budgetary resolution or supplemental appropriation has been published in accord with the Public Notice provisions of this Charter and filed shall be prima facie evidence of such filing and publication in any suit or proceeding. Upon such publication, said Clerk shall make such certificate and thereupon, after the lapse of such fifteen (15) day period, such bylaw, Ordinance, Order, budgetary resolution or supplemental appropriation shall be in effect subject only to the provisions of this Charter referring to referenda.
Any Ordinance providing for the creation, merger or elimination of the departments, or agencies of City government shall be voted upon at two (2) different meetings of the Common Council, by a Majority Vote of the Common Council, which shall be held at least thirty (30), and not more than ninety (90) Days apart, each of which shall be preceded by a Hearing Notice. No such Ordinance shall become effective unless adopted by the affirmative vote of nine members of said Council at each such meeting.
A. 
REFERENDA. If within the period of fifteen (15) Days after publication in some newspaper with general circulation in the City of Middletown of such bylaw, Ordinance, or a summary thereof, budgetary resolution, or supplemental appropriation a written petition, containing the signatures of at least five (5%) percent of the Electors of the City and protesting any such enactment by the Common Council shall be filed with the City/Town Clerk, such bylaw, Ordinance, budgetary resolution, or supplemental appropriation shall be suspended. The City/Town Clerk shall, within seven (7) Days excluding Saturdays, Sundays and Municipal holidays thereof, make an examination of such petition and attach thereto a certificate that the same is sufficient or insufficient under the requirements of this Section. If the petition shall be found to be insufficient it shall be so certified by the City/Town Clerk. If the petition shall be found to be sufficient, the City/Town Clerk shall, within five (5) Days excluding Saturdays, Sundays and Municipal holidays, submit the same to the Common Council, which shall within five (5) Days excluding Saturdays, Sundays and Municipal holidays thereof, reconsider the measure. If it shall not be entirely repealed, the Council shall, within five (5) Days excluding Saturdays, Sundays and Municipal holidays thereof, submit it to a vote of the Electors affected by it at either a general or special election to be called for that purpose and in any event to be held no earlier than thirty (30) and no later than sixty (60) Days. At such election all votes shall be taken by ballot and check list at the regular polling places. The Common Council shall set the hours of voting in any referendum and the Registrars of Voters shall prepare the polling places and the City/Town Clerk shall prepare the ballots. A simple majority vote of those voting in such referendum shall determine the matter.
B. 
INITIATIVE. Any Elector of the City may prepare a Petition regarding any matter of public interest, except for the approval of a bond or the appropriation of revenue, to be submitted for determination by the Electors of the City and/or adoption as a Resolution or Ordinance by the Electors of the City in accordance with the provisions of this Charter to be placed on that year's November ballot. The Petition shall be filed with the City/Town Clerk in typewritten form, provided the wording of the Petition shall first be reviewed by the City/Town Clerk, in consultation with the General Counsel who, within seven (7) business days of its submission, shall determine whether or not such petition presents a matter within the public interest and has been correctly worded in such a manner as to clearly express its meaning and intent. If the wording and subject matter of a Petition fairly and accurately presents such a public issue, it shall be returned to the individual who filed the petition for the obtaining of signatures commencing on July 1 in accordance with the Laws of the State of Connecticut regarding the same. The petition issue shall only be voted upon at the next regular November election if copies of the Petition containing the names of at least ten (10%) percent of the Electors of the City are filed with the City/Town Clerk on or before sixty (60) Days prior to said November election date. The results of the balloting on said Petition shall not be binding unless approved by a simple majority of those voting on the Petition. No enactment passed pursuant to initiative shall be subject to referendum.
The Common Council shall have the power to investigate any and all Departments of the City.
Transition Provision Pertaining to the Termination of the Office of the Deputy Mayor and Corporation Counsel. The term of office of the Deputy Mayor and Corporation Counsel shall be terminated at 11:59:59 P.M. on the Monday following the certification of election of November 2023. The Deputy Mayor shall continue to perform the functions of office, as set forth in this revised Charter for the remainder of the term of office. The Corporation Counsel shall continue to serve the Common Council for the remainder of the term of office and shall report directly to the Majority and Minority Leaders of the Council.