City of Middletown, CT
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Middletown 2-8-1978 as part of Ch. 2 of the 1978 Code. Amendments noted where applicable.]

§ 23-1 Place and time of meetings.

[Added 2-7-1983]
Unless otherwise specified in the notice of the meeting, all regular and special meetings of the Common Council shall be held in the Council Chamber in the Municipal Building, Middletown, Connecticut. Unless otherwise specified in the notice of the meeting, all regular meetings shall be held at 7:00 p.m. Special meetings shall be held at the time specified in the notice of the meeting.

§ 23-2 Notice and agenda for regular meetings.

[Amended 6-2-1997; 5-1-2000; 11-3-2008 by Ord. No. 11-08; 11-5-2012 by Ord. No. 26-12]
Notice of regular meetings shall be given by a written, printed, or electronic notice which shall state the time and place of the meeting and shall include an agenda as required by the General Statutes. The notice shall be signed by the Mayor, Deputy Mayor or Council members calling the meeting and shall be directed to the Chief of Police to serve and make return to the Council Clerk. Service shall be made by leaving a copy of the notice, including the agenda, with or at the usual place of abode or place of business of each member of the Common Council, or by service in hand of said Council member, or the Council Clerk if said member so designates, or electronically to the member's electronic mail address. Service shall be made at least 48 hours before the meeting, and the return shall be made at least three hours before the meeting. The agenda for each regular meeting shall be available to the public and shall be filed with the City/Town Clerk not less than 24 hours before the meeting to which it refers.

§ 23-3 Notice of special meetings.

[Added 2-7-1983; amended 4-4-1983; 6-2-1997]
A. 
Nonemergency special meetings. Notice of a nonemergency special meeting shall be given by a written or electronic notice which shall state the time, place and business to be transacted. No other business shall be considered at such meeting. The notice of each special meeting shall be posted in the office of the City/Town Clerk not less than 24 hours prior to the time of the meeting. A copy of the written notice shall be delivered to the usual place of abode of each member of the Common Council, or transmitted electronically to the member's electronic mail address, so that the same is received prior to such special meeting. The requirement of delivery of such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Clerk of the Common Council a written waiver of delivery of such notice. Such waiver may be given by electronic mail. The requirement of delivery of such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
[Amended 1-6-2003 by Ord. No. 01-03; 11-3-2008 by Ord. No. 11-08; 1-7-2013 by Ord. No. 01-13]
B. 
Emergency special meetings. In case of an emergency, a special meeting may be held without complying with the foregoing requirements for service and posting of notice of the meeting, but a copy of the minutes of any emergency special meeting adequately setting forth the nature of the emergency and the proceedings occurring at such meeting shall be filed with the City/Town Clerk not later than 72 hours following the holding of such meeting. No such meeting shall be held unless an attempt is made to give personal notice to each member of the Council of the time, place and purpose of such meeting. A written statement shall be filed with the minutes of the meeting setting forth what was done to give personal notice to each member of the Common Council.

§ 23-4 Clerk.

[Amended 10-2-1989; 3-3-1997]
A. 
Upon the recommendation of the Common Council, a Clerk of the Common Council shall be appointed by the Mayor in accordance with the Charter and City Personnel Rules. In the absence of the Clerk, the Mayor shall designate a temporary clerk.
[Amended 11-7-2005 by Ord. No. 09-05]
B. 
At the next regular meeting of the Council, the Clerk shall read all reports and communications received.

§ 23-5 Mayor to be ex officio member of committees.

The Mayor shall be an ex officio member of all committees of the Common Council.

§ 23-6 Insurance and Claims Committee.

[Amended 1-5-1998]
A. 
Membership; appointment. There shall be a standing committee of the Common Council to be known as the "Insurance and Claims Committee." Said Committee shall consist of three members of the Common Council, not more than two of whom shall be of the same political party, to be appointed by the Council to serve during their term of office.
B. 
General purpose; duties. The Insurance and Claims Committee shall review the insurance needs of the City and all insurance policies maintained by the City, make appropriate recommendations to the Common Council and also monitor and review the City's insurance program. The Committee shall review all claims by and against the City for approval of recommendations made by the General Counsel.
[Amended 5-2-2013 by Ord. No. 11-13]

§ 23-7 Economic Development Committee.

[Added 9-4-1984; amended 11-18-1987; 11-6-1991]
A. 
Membership; appointment. There shall be a standing committee of the Common Council to be known as the "Economic Development Committee." Said Committee shall consist of five members of the Common Council, not more than three of whom shall be of the same political party, to be appointed by the Common Council to serve during their term of office.
B. 
General purpose; duties. The general purpose of the Economic Development Committee shall be to enhance the effectiveness of the total development effort of the City of Middletown, including but not limited to the marketing of the City. The Committee shall study, evaluate and make appropriate recommendations to the Mayor and Common Council for development programs and priorities as deemed necessary and desirable to promote social, cultural, economic, physical, industrial, recreational, and commercial improvements within the City of Middletown. The Committee shall review and make recommendations to the Mayor and Common Council as to proposals concerning acquisition or disposition of any interest in property by the City and any development matters not specifically within the jurisdiction of any other municipal agency. The Committee shall perform such other duties relating to development affecting the City of Middletown as may be required by the Mayor and Common Council.

§ 23-8 Finance and Government Operations Commission.

[Added 11-15-1999; amended 10-7-2002]
A. 
Membership; appointment. There shall be a standing commission of the Common Council to be known as the “Finance and Government Operations Commission.” Said Commission is a consolidation of the previously existing Finance and Budget Committee and the Government Operations and Program Review Committee. Said Commission shall consist of five members of the Common Council, not more than three of whom shall be members of the same political party, to be appointed by the Common Council to serve during their term of office. The Treasurer shall serve as prescribed in § 23-21 of the Middletown Code of Ordinances. The Finance Director or his designee shall serve as staff to the Commission. The Tax Collector, the Tax Assessor, and the IT Director or their designees shall be available to the Commission for updates when requested.
[Amended 11-3-2014 by Ord. No. 15-14]
B. 
General purpose; duties. The Finance and Government Operations Commission shall act on all matters referred to it by the Council. The Commission shall have jurisdiction of all matters pertaining to the finances and expenditures of the City, shall work to improve the effectiveness, efficiency, and quality of municipal services and programs, and may make appropriate recommendations to the Mayor and Common Council concerning the same. The Commission shall take an active role in the periodic review of the budget as well as any requests to amend the budget approved by the Common Council, including but not limited to reviewing and advising the Mayor and Common Council, prior to the budget hearings before the Common Council, of the preparation of the various departmental budgets. The Commission shall review and approve for payment, where warranted, all bills and obligations of the City, the review and approval of which is not within the jurisdiction of any other municipal authority. The Commission shall also review, and approve where warranted, requests for abatement of taxes or interest, assuming that the same are not contrary to federal or state statutes. The Commission may establish subcommittees.
[Amended 2-2-2009 by Ord. No. 04-09]
C. 
The Commission shall study and evaluate the operation of municipal departments, agencies, and programs. Such study and evaluation shall include, but not be limited to, consulting with department directors and other City staff as well as with relevant boards, commissions and committees. The Commission may, through the Mayor, request assistance in conducting such studies, including but not limited to the establishment of task forces of City staff and/or citizens to study particular areas of municipal government operations, assignment of administrative and clerical staff to the Commission, and/or outside consulting services. The Commission shall make recommendations to the Mayor and Common Council concerning ways to improve the effectiveness, efficiency and quality of government services and programs. Such recommendations shall address the methods and processes through which municipal services and programs are delivered, shall provide assessments of the effectiveness, efficiency and quality of such services and programs, and may include recommendations for the creation, merger or elimination of departments or agencies of City government as provided in Chapter III, Section 6, of the Charter of the City of Middletown.

§ 23-9 Representation on Sanitary Disposal District Commission.

[Added 2-4-1980]
A member of the Common Council may serve on the Sanitary Disposal District Commission.

§ 23-10 Records.

[Added 9-7-1982]
The City/Town Clerk shall be the custodian of the records of the Common Council.

§ 23-11 (Reserved) [1]

[1]
Editor's Note: Former § 23-11, Personnel Review Commission, added 11-7-1983, as amended, was repealed 11-4-2013 by Ord. No. 31-13. See now § 23-20.

§ 23-12 Flood and Erosion Control Board.

[Added 1-4-1988]
A. 
Statutory authority; membership.
(1) 
There shall be a Flood and Erosion Control Board established pursuant to the authority of C.G.S. § 25-84, as amended.
(2) 
Said Board shall consist of all members of the Common Council of the City of Middletown. The term of office for the members of said Board shall commence as of the date of the next regularly scheduled meeting of the Common Council following the effective date of this section. Membership on said Board shall change as the membership of the Council changes by election or otherwise.
B. 
Powers and duties. Said Board shall have and exercise all the powers and duties authorized under C.G.S. §§ 25-85 to 25-94, inclusive, as amended.

§ 23-13 Public Safety Commission.

[Added 11-15-1999]
A. 
Membership; appointment. There shall be a standing commission of the Common Council to be known as the "Public Safety Commission." Said Commission is a consolidation of the previously existing Fire Commission and Police Commission. Said Commission shall consist of five members of the Common Council, not more than three of whom shall be members of the same political party, to be appointed by the Common Council to serve during their term of office.
B. 
General purpose; duties. The Public Safety Commission shall act on all matters referred to it by the Common Council. The Commission shall have jurisdiction of all matters pertaining to the public safety of the City, shall be advisory to the Police Department, the Middletown Fire Department and the Director of Emergency Management, and may make appropriate recommendations to the Mayor and Common Council concerning the same. The Public Safety Commission shall have the same authority and shall carry out the same duties and responsibilities as previously fulfilled separately by the Police Commission and Fire Commission.
[Amended 5-4-2009 by Ord. No. 17-09]

§ 23-14 (Reserved) [1]

[1]
Editor's Note: Former § 23-14, Ordinance Study Committee, added 12-4-2000, as amended, was repealed 11-4-2013 by Ord. No. 31-13. See now § 23-20.

§ 23-15 Authorization to join Connecticut River Valley Council of Elected Officials.

[Added 11-5-2001]
A. 
The City of Middletown is hereby authorized pursuant to C.G.S. § 4-124c to form and join a regional organization, known as the "Connecticut River Valley Council Elected Officials," with those powers and for those purposes set forth in C.G.S. §§ 4-124c through 4-124h, as the same may, from time to time, be amended.
B. 
The representative to the Connecticut River Valley Council of Elected Officials from the City of Middletown shall be the Mayor.

§ 23-16 Public Works and Facilities Commission

[Added 10-7-2013 by Ord. No. 25-13]
A. 
Membership; appointment. There shall be a standing commission of the Common Council to be known as the "Public Works and Facilities Commission" and shall take effect after the 2013 biennial meeting of the City of Middletown. Said Commission shall consist of five members of the Common Council, not more than three of whom shall be of the same political party, to be appointed by the Common Council to serve during their term of office.
B. 
General purpose; duties. The Public Works and Facilities Commission shall act on all matters referred to it by the Common Council. The Commission shall have jurisdiction of all matters pertaining to the Public Works Department and shall be advisory to the Public Works Department. The Commission may make recommendations to the Mayor and Common Council concerning highways and streets, traffic safety, buildings, parks and recreation facilities, sidewalks, curbing, recycling, sanitation, building inspections, and City vehicles. The Commission may propose services and equipment necessary for the department to perform its duties and to maintain City property and services. The Commission may establish subcommittees.

§ 23-17 Fire Services Cost Committee.

[Added 1-5-2009 by Ord. No. 02-09]
A. 
Membership; appointment. There shall be a temporary study committee to be known as the "Fire Services Cost Committee." Said Committee shall consist of two members of the Common Council, who shall not be members of the same political party and who shall be members of either the Public Safety Commission or the Finance and Government Operations Commission, and two members of both the South District Board of Fire Commissioners and the Westfield Fire District Board of Fire Commissioners, or their respective staffs who are willing to serve, to be appointed by the Common Council to serve during the duration of the Committee’s duties, but in any event not longer than their elective term of office. The Middletown Fire Chief, or his designee, and the Council Clerk shall serve as staff to the Committee.
B. 
General purpose; duties. The Fire Services Cost Committee shall develop and prepare a report for the Mayor and the Common Council which is a comprehensive assessment of all current and future costs, projected over the next five years, concerning the provision of fire safety related services, including, but not limited to, personnel, equipment, department maintenance, cost per run, cost of mutual and automatic aid, and bonding indebtedness for the next five years. The report shall include such recommendations as the Committee may make for controlling such costs.
C. 
It is recognized by the Mayor and the Common Council that the work of this Committee is limited to strictly advisory and shall not consider the issue of consolidation of the three departments and does not infringe on the lawful duties, responsibilities and obligations of each fire district.

§ 23-18 Technology Advisory Committee.

[Added 5-7-2012 by Ord. No. 07-12; amended 12-5-2016 by Ord. No. 25-16]
A. 
Membership; appointment. There shall be a standing committee of the Common Council to be known as the "Technology Advisory Committee." Said Committee shall consist of three members of the Common Council, not more than two of whom shall be members of the same political party to be appointed by the Common Council to serve during their term of office; three City employees, users of the IT Department, including departments outside City Hall; and three members of the public. Said members should live, work, or pay taxes in the City of Middletown and should not be limited to the business sector. The term for each member shall be four years.
B. 
General purpose; duties. The Technology Advisory Committee shall have jurisdiction of all matters pertaining to technology in the City and shall be advisory to the Information Technology Department and may make appropriate recommendations to the Mayor and Common Council concerning the same. Some specific duties of the Committee are, but are not limited to:
(1) 
Review yearly and update and maintain the three- to five-year strategic plan, including a business continuity plan and DBAR (Disaster Backup and Recovery) that sets forth how each City Department will function in the event of a catastrophe.
(2) 
Oversee regular testing of the City's business continuity plan and DBAR (Disaster Backup and Recovery).
(3) 
Prioritize, monthly, other than the day-to-day work, the work to be accomplished by the IT Department on the strategic plan.
(4) 
Review any proposed change to the existing infrastructure of network and computer systems and make recommendations to the Council for future purchases.
(5) 
Assist the IT Department in making decisions regarding major software and hardware changes; review recommended changes regarding software and hardware based on the strategic plan and needs of the City.
(6) 
Assist the IT Department in the operating plan and budget process to recommend major purchases and expenses in the IT budget.
(7) 
Review the IT Department's structure and make recommendations to the appropriate authority.
(8) 
Develop and publish City policies, including appropriate use of City computer connections via Internet and e-mail, and establish security measures for the City to which each department and employee is to adhere and provide recommendations if such policies are not followed and security is breached or viruses infect the system.
(9) 
Work with the Board of Education, Police, Fire, and any other City Department to find ways to help the City to save money, whether through shared usage, consultants, purchasing or other manner deemed appropriate.
(10) 
Act on all matters referred to it by the Common Council.
(11) 
Review processes to increase public accessibility.

§ 23-19 Rules of procedure for appeal hearings from decisions of traffic authority.

[Added 2-1-2010 by Ord. No. 36-10]
A. 
Appeals to the Common Council from any order or regulation which changes the current use of a roadway made by the Chief of Police, acting in his/her capacity as the local traffic authority pursuant to Chapter 249 of the Connecticut General Statutes, which appeal rights are granted by C.G.S. § 14-313, as amended, shall be heard in accordance with the procedure set out by this section at a special Common Council meeting called to hear such appeal. A written notice of such appeal shall be forwarded to the Chief of Police, with a copy to the Clerk of the Common Council, within the time limits set out in Subsection G below.
B. 
The Common Council shall select a presiding officer for the meeting at the beginning of the hearing. In the event that a presiding officer cannot be selected by a majority vote, the Deputy Mayor shall preside. An initial determination of the statute's requirement that the appealing party is aggrieved shall be made by the Common Council. An "aggrieved person" is a person or entity who can demonstrate a specific, personal or legal interest in the subject matter of the order or regulation as distinguished from the general interest of the community as a whole and can establish that this personal and legal interest has been adversely affected.
C. 
The Common Council shall first hear a presentation from the aggrieved appellant. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Corporation Counsel shall administer the oath and shall assist the Common Council with any questions concerning the admissibility of evidence or objections raised at the proceeding.
D. 
The Common Council shall next hear a presentation from the Chief of Police, or the Chief's designee. Reasonable cross-examination by the appellant, or a single representative of multiple appellants, shall be permitted at the conclusion of the Chiefs presentation. Both parties shall be permitted to make closing statements.
E. 
The Common Council is empowered to consider further testimony of other relevant public safety officials, including, but not limited to, fire chiefs, fire marshals, and central communications.
F. 
At the conclusion of the presentation by both parties, the Common Council shall deliberate on the merits of the appeal and shall determine whether the order or regulation appealed from is reasonable, and may thereupon vote to revoke such order or regulation by a two-thirds majority vote. The Common Council shall state the reasons for its decision on the record:
G. 
A record of the testimony, any documentary or physical evidence, the Common Council's deliberations and its vote shall be made and preserved by the Clerk of the Common Council.
H. 
Appeals must be brought within 60 days of the making of the order or regulation by the traffic authority or within 60 days of the enactment this section for those orders and regulations that pre-date this section. Notice of decisions of the traffic authority shall be posted in the Town Clerk's Office, and the appeal period shall run from the date of such posting.

§ 23-20 General Counsel Commission.

[Added 11-4-2013 by Ord. No. 31-13]
A. 
Membership; appointment. There shall be a standing commission of the Common Council to be known as the General Counsel Commission. Said commission is a consolidation of the previously existing Ordinance Study Committee and Personnel Review Commission and shall take effect after the 2013 Biennial Meeting of the City of Middletown. The Commission shall consist of five members of the Common Council, not more than three of whom shall be members of the same political party to be appointed by the Common Council to serve during their term of office. The General Counsel, Human Resources Director and/or their designees shall serve as staff to the Commission.
B. 
General purpose; duties. The General Counsel Commission shall act on all matters referred to it by the Common Council and shall have oversight of the Legal Division and Human Resources Division of the Office of General Counsel.
(1) 
The Commission shall have oversight of the Division of Human Resources matters as authorized by the Charter. The Commission shall review matters which require Councilmanic action; make recommendations to the Division of Human Resources and the Mayor; review job descriptions or request new positions as requested by the Mayor or Common Council; and may provide such information concerning the Division of Human Resources and other such personnel matters as may be requested by the Common Council. The Commission shall have no authority to direct the administration of the Division of Human Resources.
(2) 
The Commission shall review the Code of Ordinances and make recommendations to the Council for revisions or enacting any new ordinances. All ordinances, whether proposed or existing, shall be reviewed by this Commission for form and substance and changes shall be made as deemed necessary for clarity and consistency with state statutes and other ordinances. The Commission may make recommendations on substantive changes in proposed ordinances, and the body, commission, committee or City official having jurisdiction over the subject matter of the proposed ordinance or amendment to an existing ordinance shall determine if the changes recommended by this Commission shall be included in the proposed or existing ordinance. The Commission may set its own procedure for reviewing proposed ordinances or amendments to existing ordinances.
C. 
The General Counsel Commission may form such subcommittees as needed to review matters that come before the Commission as a whole. Said subcommittees shall be formed from the membership of the General Counsel Commission and may be requested to review material and present their findings to the General Counsel Commission at its meeting.

§ 23-21 Additional duties of Treasurer.

[Added 11-3-2014 by Ord. No. 15-14]
A. 
The Treasurer may be requested to be present at the regular meetings of the Common Council and the preceding Questions to Directors for inquiries in the matter of the City’s finances requiring input from the Treasurer.
B. 
The Treasurer shall be an ex officio member of the Finance and Government Operations Commission with all rights except voting privileges.

§ 23-22 Naming authority.

[Added 8-3-2015 by Ord. No. 16-15]
A. 
The Common Council shall be the naming authority for all City properties and assets, including schools, parks, roads, highways, fields, open spaces, and all other entities owned by the City.
B. 
The Common Council may solicit advice from all sources in the exercise of its naming authority.
C. 
A public hearing on any naming shall be conducted at a regular Common Council meeting before a vote on any such naming at a subsequent regular Common Council meeting.
D. 
Naming or renaming that does not follow the requirements of this section will not be valid.