[Amended by Sp. Act, Jan. Sess., 1949, Sp.
No. 341; 25 C.S.A. 1069, approved by referendum 3-25-1950, effective
10 days thereafter. Amended by referendum 4-30-1968; amended by referendum 11-5-1996; amended by
referendum 11-4-2008; amended by referendum11-8-2022]
A meeting of the electors of the Town of Manchester for the
election of Town officers shall be held on the first Tuesday after
the first Monday in November 1969, and biennially thereafter. At each
such meeting there shall be elected a Mayor, eight (8) of the Board
of Directors, three (3) members of the Select Board, seven (7) Constables,
and members of the Board of Education as hereinafter provided. Pursuant
to Section 9-189a of the Connecticut General Statutes, electors of
the Town of Manchester shall: (a) elect a Town Clerk in the election
for Town officers held on the first Tuesday after the first Monday
in November in November 1973, and quadrenially thereafter; and (b)
elect two Registrars of Voters in the election for state and federal
officers held on the first Tuesday after the first Monday in November
in November 1972, and quadrenially thereafter. In the election for
members of the Board of Directors, each political party may nominate
a candidate for Mayor and not more than five (5) candidates, and no
elector shall vote for more than a candidate for Mayor and not more
than five (5) candidates for such office. The candidate receiving
the highest vote total among mayoral candidates shall be Mayor. However,
the unsuccessful mayoral candidates shall have the votes received
for Mayor included in the compilation and the determination of the
Board of Directors' membership. No grand jurors shall be elected or
appointed. Each person elected to office shall be a resident elector
of the Town, and each elected officer, except as hereinafter expressly
provided, shall assume their office on the third Monday in November
in the year of their election and shall hold office until his successor
is elected and has qualified.
[Amended by referendum 10-5-1964; amended by
referendum 4-30-1968; amended by referendum 11-1978; amended by referendum 11-5-1996; amended by
referendum11-8-2022]
(a)
There
shall be appointed by the Board of Directors for the Town a Town Manager,
a Planning and Zoning Commission consisting of seven (7) members and
alternates as provided by statute, a Zoning Board of Appeals consisting
of five (5) members, and alternates as provided by statute, a Library
Board consisting of eleven (11) members, a Board of Assessment Appeals
consisting of three (3) members, a Town Attorney, and an auditor or
auditors. The Town may by ordinance or resolution approved by the
Board of Directors provide for other offices, departments, boards
and commissions and the duties and terms thereof and methods of appointment
thereto. All of the officers appointed by the Board of Directors under
the provisions of this section, except the Town Manager and auditor
or auditors, shall be electors of the Town at the time of their appointment,
and, with said exceptions, all appointees except as hereinafter provided,
regardless of the date of the original appointment, shall hold office
until the Tuesday after the third Monday in November in the year in
which their term expires and until their successors shall have been
appointed and qualified. If any officer appointed by the Board of
Directors under this section, who is required to be an elector of
the Town, shall cease to be an elector during their term of office,
then their office shall automatically become vacant and the Board
of Directors shall appoint a successor.
Effective November 17, 2025, there shall be appointed by the
Board of Directors for the Town a Town Manager, a Planning and Zoning
Commission consisting of nine (9) members and alternates as provided
by statute, a Zoning Board of Appeals consisting of five (5) members,
and alternates as provided by statute, a Library Board consisting
of eleven (11) members, a Board of Assessment Appeals consisting of
three (3) members, a Town Attorney, and an auditor or auditors. The
Town may by ordinance or resolution approved by the Board of Directors
provide for other offices, departments, boards and commissions and
the duties and terms thereof and methods of appointment thereto. All
of the officers appointed by the Board of Directors under the provisions
of this section, except the Town Manager and auditor or auditors,
shall be electors of the Town at the time of their appointment, and,
with said exceptions, all appointees except as hereinafter provided,
regardless of the date of the original appointment, shall hold office
until the Tuesday after the third Monday in November in the year in
which their term expires and until their successors shall have been
appointed and qualified. If any officer appointed by the Board of
Directors under this section, who is required to be an elector of
the Town, shall cease to be an elector during their term of office,
then their office shall automatically become vacant and the Board
of Directors shall appoint a successor.
(b)
Appointing
authorities for any board or commission shall consider the interests
of gender identity and racial equity and make a good faith effort
to seek out individuals for such appointment that reflect such equity.
The Town Manager shall create, maintain and make accessible on the Town's
website a system through which an individual may electronically submit
a name to be considered for appointment as a public member to a board
or commission and shall coordinate public education and outreach strategies
to increase awareness of, and recruit diverse applicants for, such
appointments.
[Amended by referendum 11-5-1996; amended by
referendum11-8-2022]
No member of the Board of Directors during the term for which they are elected shall hold any other Town office, elective or appointive, nor act as counsel in any matter before the Board of Directors or any department, commission, board or bureau of the Town. Except has provided in § 4-1, nothing contained in this section shall preclude a member of the Board of Directors from accepting appointment to any other Town office, elective or appointive; however, such member's term on the Board of Directors shall end upon entering the duties of said office. No other commission or board shall appoint any of its members to any office or employment for which compensation is paid from Town funds during the term for which such member was appointed unless otherwise permitted by state law.
[Added by referendum 11-5-1991; amended by referendum11-8-2022]
(a)
Definitions.
1.
"Business" means any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, organization,
self-employed individual, holding company, joint stock company, receivership,
trust, investment property or any legal entity through which business
is conduct for profit.
2.
"Commission" means the Town Ethics Commission.
3.
"Complaint" means a written statement alleging any
person subject to the standards of official conduct has by act or
omission violated said standards. Said complaint shall state the acts
or omissions constituting the alleged violations and the approximate
date or dates upon which the alleged violations occurred. The Commission
may require the complaint to be under oath.
4.
"Gift" means a payment, loan, subscription, advance,
deposit of money, services, or anything of value, unless consideration
of equal or greater value is received.
5.
"Family" means a collective body of two (2) of more
persons living in one (1) household.
6.
"Income" means any money or thing of value received,
or expressly or impliedly promised, whether in the form of a fee,
salary, expense, allowance, forbearance, forgiveness, interest, dividend,
royalty, rent, capital gain or any other form of recompense or any
combination thereof.
7.
"Ministerial action" means an action that a person
performs in a given state of facts in a prescribed manner in obedience
to the mandate of legal authority, without regard to, or the exercise
of, the person's own judgment upon the propriety of the action being
taken.
8.
"Person" means an individual, business, corporation,
union, association, firm, partnership, committee, club or other organization
or group of persons.
9.
"Probable cause" means a finding that reasonable grounds
exist to believe that a violation of the Standards of Official Conduct
has occurred.
10.
"Town agency" means any department, commission, board,
bureau, committee, legislative body, agency, or other establishment
of the executive or legislative branch of the Town, including the
Board of Education to the extent that the provisions of this section
may lawfully apply to the Board of Education.
11.
"Town employee" means any individual who receives
income, weekly or otherwise, from the Town or who is responsible for
taking or recommending official action of a nonministerial nature
with regard to: (i) contracting or procurements; (ii) administering
or monitoring grants or subsidies; (iii) planning or zoning; (iv)
inspecting; licensing or regulating any person; or (v) any other activity
where the official action has an economic impact of greater than a
de minimis nature on the interests of any person.
12.
"Town official" means an elected or appointed official
in the executive or legislative branch of the Town, excluding members
of purely advisory boards and other boards that have no authority
to extend public funds or to otherwise exercise the power of the Town.
(b)
Town Ethics Commission.
1.
Creation. There is created an Ethics Commission consisting
of seven (7) members who shall be electors of the Town of Manchester.
Appointments to the Commission shall be made by the Board of Directors.
No more than three (3) of the members of the Commission shall maintain
the same voter affiliation. Any vacancy occurring on the Commission
shall be filled by the Board of Directors within sixty (60) days by
an elector maintaining the same voter affiliation as originally held
by the vacating member.
2.
Alternate members. The Board of Directors shall appoint
alternate members to the Commission. Such alternate members shall
be electors of the Town of Manchester. There shall be one (1) alternate
for each voter affiliation represented on the Commission. An alternate
member shall, when seated, have all the powers and duties as set forth
herein for members. An alternate shall only be seated in the place
of an absent member maintaining the same voter affiliation.
3.
Terms. Members and alternates of the Commission shall
serve for a three-year staggered term, each to commence on the Tuesday
after the third Monday in November.
4.
Officers. The Commission shall elect a Chair, Vice
Chair and Secretary. In the absence of the Chair or in the event of
a vacancy in that position, the Vice Chair shall serve as Chair.
5.
Quorum. Any action by the Commission shall require
the affirmative vote of a simple majority of its members, and a simple
majority shall constitute a quorum.
6.
Meeting. The Chair or any three (3) members of the
Commission may call a meeting, provided that at least three (3) days'
advance notice of the meeting is given to all members.
7.
Compensation. Members of the Commission shall not
be compensated, but shall receive reimbursement for their actual and
necessary expenses.
(c)
Powers of Commission.
1.
Rules and regulations. The Commission shall prescribe
and publish, after notice and opportunity for public comment, rules
and regulations to carry out the provisions of this Act.
2.
Reports. The Commission shall prepare and publish
such reports as it may deem appropriate.
3.
Advisory. The Commission, on its own initiative or
upon request, may issue and publish advisory opinions on the requirements
of this Act for those who wish to use the opinion to guide their own
conduct.
4.
Complaints. The Commission, through its special counsel,
shall conduct an investigation upon receipt of a written complaint
by any elector or taxpayer of the Town of Manchester alleging, under
oath or affirmation, a violation of the standards of official conduct.
5.
Annual report. The Commission shall prepare an annual
report for submission to the Board of Directors.
(d)
Investigations and hearings by Commission.
1.
Special counsel. The Commission shall appoint an attorney
to act as special counsel to the Commission, which appointment shall
continue at the pleasure of the Commission. The special counsel shall
not be a member of the Town Attorney's staff. The special counsel
shall be compensated for their services on a case-by-case basis at
public expense.
2.
Authority. The Commission shall refer any written
complaint received by it to the special counsel for investigation.
The Commission shall, not later than five (5) days after the receipt
of such complaint, notify by registered or certified mail any person
against whom such complaint was filed. A copy of such complaint shall
accompany such notice.
3.
Powers of special counsel. The special counsel shall
conduct an investigation of each complaint to determine if probable
cause exists and shall make recommendations to the Commission based
upon the investigation. Special counsel shall recommend dismissal
of the complaint in the event probable cause is not found. In the
event the special counsel finds probable cause, special counsel shall
set forth the particular section or sections of the Standards of Official
Conduct which special counsel finds to have been violated and may
(1) recommend the complaint be accepted as filed; (2) recommend amendments
to the complaint; or (3) recommend additional charges be added to
the complaint. The special counsel shall make recommendations to the
Commission within the time limits set by the Commission but in no
event more than ninety (90) days after receipt of the complaint. In
unusual circumstances the Commission may grant an extension to special
counsel, not to exceed an additional sixty (60) days.
4.
Review by Commission. The Commission shall, within
sixty (60) days of receipt of special counsel's recommendations, meet
privately to review each recommendation. The Commission shall dismiss
the complaint or set a date for a public hearing thereon or on the
amended complaint, which hearing shall be held no later than sixty
(60) days thereafter. The Commission shall give public notice of the
date fixed for said hearing at least fourteen (14) days prior thereto.
Notice of the Commission's decision to either dismiss the complaint
or hold a public hearing on the complaint shall be given to the complainant
and to the person subject to the investigation.
5.
Confidentiality. Irrespective of any statute to the
contrary, the complaint, the probable cause investigation, the recommendations
of special counsel and the minutes of the meeting of the Commission
to receive special counsel's recommendations shall not be disclosed
to the public unless and until the Commission sets a date for a public
hearing on the complaint.
6.
Witnesses to testify. Any person may be compelled,
by subpoena signed by competent authority, to appear before the Commission
to testify in relation to any complaint brought to the Commission,
and may be compelled, by subpoena signed by competent authority, to
provide before the Commission for examination any books or papers
which in the judgment of the Commission are relevant to the inquiry
or investigation.
7.
Hearing procedure. Such hearing shall be open to the
public and shall be conducted in accordance with the Commission's
rules and regulations. Special counsel shall present evidence against
the respondent. The respondent shall be entitled to counsel, to present
evidence and to examine and cross-examine witnesses.
8.
Recording of hearing. The public hearings of the Commission
shall be recorded at public expense. A written transcription of the
recording shall be available to the public at the requiring party's
expense. A written transcription of the recording shall be available
to the Commission, at its request, at public expense.
9.
Memorandum of decision. The Commission shall, within
thirty (30) days after conclusion of the public hearing, file a memorandum
of decision containing its conclusions and recommendations and shall
either dismiss the complaint or shall recommend appropriate action
to the Board of Directors.
(e)
Standards of official conduct.
1.
No person shall offer or give to a Town official or
Town employee or a member of their family and no Town official or
Town employee shall solicit any gift to influence the official or
employee in the performance of their official duties.
2.
No Town official or Town employee shall accept any
benefit or income in addition to that received in their official capacity
for having exercised their official powers or performed his or her
official duties.
3.
No Town official or Town employee shall use or disclose
information not available to the general public and gained in the
course of, or by reason of, their official position or activities
to further any person's financial interest.
4.
Any Town official or Town employee who has, or whose
family has, a financial interest, distinct from that of the general
public, in any decision of any Town agency shall disqualify themselves
from participating in that decision. Any decision made as a result
of a violation of this provision shall be voidable, at the option
of the Town.
5.
No Town official or Town employee shall knowingly
have or acquire any financial interest or beneficial interest, direct
or indirect, in any business that is incompatible with the proper
discharge their official duties or that may tend to impair their independence
or judgment in the performance of his or her official duties.
6.
No Town official or Town employee shall knowingly
misuse or misappropriate any Town fund or Town asset.
7.
The
Board of Directors shall have the authority, pursuant to Sections
7-148(c)(10)(b) and 7-148h of the Connecticut General Statutes as
amended, to establish additional standards of official conduct by
ordinance.
[1]
Editor's Note: A referendum of 11-5-1991 deleted
former § 2-4(a) of the Charter in its entirety. Former § 2-4(a)
pertained to standards of official conduct and derived from the original
Charter as amended by referendum 11-7-1978.
[Amended by referendum 4-30-1968]
The compensation, if any, of all appointive
officers, except as fixed or otherwise provided for in this Charter,
shall be determined by the Board of Directors.
[Amended by referendum 11-5-1996; amended by
referendum11-8-2022]
Except for extraordinary service, and then only
by a majority vote of the whole membership of the Board of Directors,
no elected or appointed officer, superintendent, head of bureau, subordinate
or employee of the Town shall have or receive to their own use any
prerequisite, compensation or fees pertaining directly or indirectly
to the duties of their office in addition to their approved compensation.
All fees paid to and received by any salaried officer or employee
of the Town for services rendered in their official capacity shall
be paid by the officer or employee receiving the same to the Collector
of Revenue for the use of the Town.
[Amended by referendum 11-7-1978; amended by
referendum 11-4-2008; amended by referendum11-8-2022]
The Director of Finance, Collector of Revenue
and Town Clerk shall, before entering upon their official duties,
execute to the Town and file with the Town Clerk a surety company
bond in a penal sum to be fixed by the Board of Directors, conditioned
upon the faithful performance of their official duties, in the form
to be prescribed or approved by the Town Attorney. Premiums for said
bonds shall be paid by the Town.
[Amended by referendum 11-8-1960; amended by
referendum 11-7-1978; amended by referendum11-8-2022]
The Board of Directors shall purchase two (2)
blanket bonds, one (1) conditioned for faithful performance of duty
which shall include the Town Manager, Purchasing Agent, and such other
officers and employees as may be designated by the Board of Directors;
and one (1) conditioned to protect against loss occasioned by embezzlement
or any other dishonest act and to include those eligible officers
and employees not included in the faithful performance blanket bond.
The penal sum of these blanket bonds shall be fixed by the Board of
Directors and to be in a form to be prescribed or approved by the
Town Attorney and filed with the Town Clerk. Premiums for said bonds
shall be paid by the Town.
[Amended by referendum 10-1-1962; amended by
referendum 11-4-2003; amended by referendum11-8-2022]
Except as hereinafter provided, the Board of
Directors may remove any officer or employee appointed by it, provided
the officer or employee shall have been served with a written notice
of the intention of the Board of Directors to remove such officer
or employee, containing a clear statement of the grounds for such
removal and of the time and place, not less than ten (10) days after
the service of such notice, at which they shall be given an opportunity
to be heard thereon. For the purposes of this provision, absence of
any appointee to a board or commission created by Charter or ordinance
from more than three (3) consecutive regular meetings shall be considered
grounds for removal. In the event this conflicts with any provisions
of a board or commission currently operating under the Charter or
an ordinance, it is intended that this provision shall control. After
such hearing, which shall be public at the option of the officer or
employee and at which they may be represented by counsel, the action
of the Board of Directors the officer or employee shall be ineligible
to perform the duties of their office or employment but they shall
continue to receive his salary or wages pending such final action.
Notwithstanding the foregoing provisions, if any officer or employee
appointed by the Board of Directors shall be convicted by a final
judgment of a felony, as deemed by the Connecticut General Statutes,
the office held by such officer and the position held by such employee
shall become vacant forthwith upon such conviction.
[Amended by referendum 10-1-1962; amended by
referendum11-8-2022]
The Town Manager may remove any officer or employee
appointed by the Town Manager when, in the Town Manager's opinion,
the best interests of the Town require such action, provided the officer
or employee shall have been served with a written notice of the intention
of the Town Manager to remove such officer or employee, containing
a clear statement of the grounds for such removal. Any officer or
employee so discharged shall be entitled, upon request in writing
to the Board of Directors, to a hearing before said Board under such
procedure as said Board shall provide, which hearing shall be public
at the option of such officer or employee and at which they may be
represented by counsel, but the final decision with respect to any
such discharge or removal shall rest with the Town Manager. The Town
Manager may suspend from duty for not more than thirty (30) days any
such officer or employee pending final action. Notwithstanding the
foregoing provisions, if any officer or employee appointed by the
Town Manager shall be convicted by a final judgment of a felony, as
defined by the Connecticut General Statutes, the office held by such
officer and the position held by such employee shall become vacant
forthwith upon such conviction.
[Amended by referendum11-8-2022]
Resignations of all officers and members of
boards and commissions appointed by the Board of Directors shall be
presented to the Board of Directors, and resignations of all officers
and members of boards and commissions appointed by the Town Manager
shall be presented to the Town Manager. Resignations of elective officers
shall be presented to the Board of Directors, except that resignations
from the Board of Education shall be presented to that Board.
[Amended by referendum 10-5-1964; amended by
referendum 4-30-1968; amended by referendum 11-5-1991; amended by referendum11-8-2022]
Any vacancy in any elective Town office, from
whatever cause arising, shall be filled by appointment by the Board
of Directors for the unexpired portion of the term, except:
(a)
If a vacancy occurs in the office of any member of the Board of Education, it shall be filled by the remaining members of said Board of Education until the next regular Town election, at which election a successor shall be elected for the unexpired portion of the term. The official ballot at such regular Town election shall specify the vacancy to be filled. The person so elected at such election shall take office in accordance with Chapter II, § 2-1 of this Charter; or
(b)
As may otherwise be provided for by state statute.
|
If any vacancy in any elective office is not
filled, as thus provided, within forty-five (45) days from the time
of its happening, the Board of Select Board shall fill the same. Any
resignation by an elected official shall be deemed to have happened
when written notice thereof is received by the Secretary of the Board
of Directors. Any vacancy in any appointive office, from whatever
cause arising, shall be filled by the authority having the power of
appointment to that office for the unexpired portion of the term if
the vacancy be caused by resignation, death, removal or permanent
disability or on a temporary basis in the event of the temporary absence,
leave or temporary disability of the holder of the office.
|
[Amended by referendum 11-8-1960; amended by
referendum11-8-2022]
On or before July 1 of the year of an election
for the office of Town Clerk, the Town Clerk's salary shall be fixed
by the Board of Directors, except that it shall not be decreased at
any time other than at the start of a new term of office. All fees,
charges and compensation of any nature whatsoever paid to and received
by the Town Clerk for services rendered in his official capacity shall
be paid by said Town Clerk to the Collector of Revenue, together with
an accompanying itemized statement, for the use of the Town. The Town
of Manchester shall pay all expenses of the office of said Town Clerk,
including salaries of employees, and the cost of materials and supplies
reasonably required for the proper conduct of said office. The Town
Clerk shall have the exclusive right to appoint, supervise and discharge
the employees in the Town Clerk's office. Said employees shall be
employees of the Town of Manchester.
All officers and employees in the classified service of the Town as described in § 2-13(b) below shall be appointed on the basis of merit and in conformity with recognized principles of public personnel administration.
[Added by referendum 11-6-1973]
The classified service shall include appointees
to all positions now or hereafter created except the following: elective
officers and persons appointed to fill vacancies in elective offices;
members of boards and commissions; officers appointed by the Board
of Directors; professional employees of the Board of Education; persons
employed in a professional capacity to make or conduct a temporary
and special inquiry, study or investigation; and persons employed
for a temporary period not exceeding three (3) months. It shall be
the duty of the Manager to cause to be prepared a statement of the
duties and responsibilities of each position in the classified service
and of the minimum qualifications for appointment to such positions.
These statements shall comprise the classification plan of the Town,
which shall become effective upon approval by resolution of the Board
of Directors and which may be amended, upon recommendation of the
Manager, by resolution of the Board of Directors. New or additional
positions in the classified service may be created and changes in
the duties and responsibilities of existing positions may be made
by resolution of the Board of Directors upon the recommendation of
the Manager. A pay plan for all positions in the classified service
shall be similarly prepared, adopted and amended. The Manager shall
also cause to have prepared a set of personnel rules which shall provide,
among other things, for the method of holding competitive examinations,
administration of the classification plan, probationary periods of
employment, hours of work, vacations, sick leaves and other leaves
of absence, removals, and such other rules as may be necessary to
provide an adequate and systematic procedure for the handling of the
personnel affairs of the Town. Such rules and any amendments thereto
shall become effective upon being approved by the Board of Directors
and filed by the Manager with the Town Clerk. Copies of such rules
and any amendments thereto shall be distributed to all members of
the classified service.
[Added by referendum 11-4-2008; amended by referendum11-8-2022]
Forty-five (45) Justices of the Peace shall
be selected and their offices administered in accordance with state
statutes.
