[Amended by referendum 10-1-1962; amended by
referendum 10-5-1964; amended by referendum 4-30-1968; amended by referendum 11-5-1996; amended by referendum 11-4-2008; amended by
referendum11-8-2022]
The Board of Directors shall, except in matters under the jurisdiction of the Board of Education and except as otherwise specifically provided in this Charter, exercise all the legislative powers of the Town. Further, all legislative rights, powers and duties of the Town and the powers of appointment to all boards, agencies and commissions not otherwise vested by this Charter are exclusively vested in the Board of Directors. It shall have, in addition to all powers and duties conferred and imposed upon it by this Charter, all the powers and duties now or hereafter conferred or imposed by the General Statutes on Town boards of selectmen, relating to the abatement of taxes. The final authority concerning a budget and tax rate is vested exclusively in the Board of Directors subject to the provisions of §§
3-10 and 3-13 of this chapter. The Board of Directors shall have the power to investigate any and all departments, offices and agencies of the Town. For the purposes of such investigation, the Chair or Acting Chair shall have the power to administer oaths and issue subpoenas and, at their request, any judge may issue a capias for the appearance of witnesses and the production of books and papers except as herein provided. The Board of Directors shall hold a special meeting to review the administrative performance of the Town Manager between June 1 and July 31 of each year. Except to the extent to which such powers are conferred upon the Town Planning Commission, the Board of Directors shall exercise the powers hitherto possessed by the Town meeting and the Board of Selectmen relative to the collection of benefits due the Town from the establishment of any building, street, sidewalk or curb or tree line or benefits accruing from the opening or improvement of any street or highway, including the assessment of a portion of the cost thereof on the owners of abutting property, and such powers are extended to include the construction and assessment of the cost of highways, sidewalks, curbs, gutters, sewers and drains. The Board of Directors shall have the power to make, alter and repeal ordinances and bylaws, not inconsistent with this Charter or the General Laws of the state, for the execution of the powers vested in the Town as provided in Chapter I of this Charter, for the government of the Town and the management of its business and for the preservation of the good order, peace, health and safety of the Town and its inhabitants. Such ordinances and bylaws shall be binding upon all the inhabitants of the Town and upon persons coming within its limits, and said Board may provide penalties for breaches thereof not exceeding one hundred dollars ($100.00) for each offense. Notwithstanding any other provisions of this Charter, the Board of Directors, subject to the general laws of the state, shall have the authority by ordinance or resolution to establish, delete or alter departments and divisions comprising the internal organizational structure of the Town deemed necessary to effectively and efficiently perform the duties of those departments and functions specifically mentioned within the provisions of this Charter and to make such rules and regulations:
(a) Concerning the creating or abolishing of departments
and offices,
(b) Regulating the internal operation of departments,
offices and personnel,
(c) Fixing the compensation of officers and employees
of the Town and the charges, if any, to be made for services rendered
by the Town, as it may deem to be in the best interest of the Town.
The Board of Directors shall have the power to designate the Town
Manager as the personnel and office manager for the Town and to require
that all such office and personnel matters shall be administered by
the Town Manager in accordance with the rules and regulations adopted
by the Board of Directors.
The Board of Directors may fix the charges,
if any, to be made for services rendered by the Town or for the execution
of powers vested in the Town as provided in Chapter I of this Charter
and the General Statutes, as amended. The Board of Directors shall
establish ordinances and regulations regarding such charges.
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The Board of Directors shall authorize all purchases of real estate by the Town and all sales of real estate owned by the Town by ordinance, which ordinance shall be enacted in compliance with § 3-8 and shall be subject to the provisions of §§ 3-9 and 3-10, except that all sales and purchases connected with redevelopment and urban renewal as provided in Chapter 130 of the Connecticut General Statutes, Revision of 1958, as amended, and all condemnation proceedings and acquisition, sale or exchange of easements necessitated by public improvement projects of the Town authorized by the Board of Directors are excluded from the operation of this section.
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[Amended by referendum 4-30-1968; amended by
referendum11-8-2022]
The Board of Directors shall consist of nine
(9) members, including the Mayor and eight (8) members elected from
the Town at large for terms of two (2) years, commencing on the third
Monday in November in the year of their election and until their successors
shall have been elected and have qualified.
[Amended by referendum 4-30-1968; amended by
referendum 11-3-1981; amended by referendum 11-5-1996; amended by referendum11-8-2022]
The compensation of the members of the Board
of Directors shall be as follows: the Chair shall be paid three thousand
dollars ($3,000.00) annually, the Vice Chair and the Secretary shall
be paid two thousand four hundred dollars ($2,400.00) annually, and
the other members of the Board shall be paid two thousand dollars
($2,000.00) annually, which sums shall be in full compensation for
services rendered.
[Amended by referendum 4-30-1968; amended by
referendum 11-7-1978; amended by referendum 11-4-2008; amended by referendum11-8-2022]
The Board of Directors shall meet in the afternoon
on the third Monday in November, 1969, and biennially thereafter and
organize by electing one of its own members to be for a term of two
years Chair of the Board of Directors; one of its own members to be
for a term of two years Vice Chair of the Board of Directors; and
one of its own members to be for a term of two years Secretary of
the Board of Directors. The member elected as Chair shall be the member
who received the highest vote count in the biennial election for the
position of Mayor, irrespective of party affiliation or nonaffiliation.
The Vice Chair and Secretary shall be elected by a majority vote of
those present.
[Amended by referendum 10-5-1964; amended by
referendum 11-7-1978; amended by referendum11-8-2022]
The Chair, who shall be designated as Mayor
of Manchester, shall preside at all meetings of the Board and may
call special meetings thereof. The Chair shall call special meetings
of the Board whenever requested in writing by the Town Manager or
four (4) members of the Board to do so. The Chair shall be recognized
as head of the Town government for all ceremonial purposes and by
the Governor for purposes of military law, but shall have no administrative
duties. Whenever the Chair shall be absent or otherwise prevented
from serving in any of his official capacities, the Vice Chair, who
shall be designated as the Deputy Mayor of Manchester, shall be Acting
Chair and shall have all powers of the Chair until the Chair is able
to exercise them. In case of a vacancy in the position of Chair, the
Vice Chair shall become the Chair. Whenever the Chair and Vice Chair
shall both be absent or otherwise prevented from serving in any of
their official capacities, an Acting Chair, who shall have all the
powers of the Chair until either the Chair or Vice Chair is able to
exercise them, shall be elected by the Board.
[Amended by referendum 4-30-1968; amended by
referendum11-8-2022]
The Secretary shall have charge of keeping a
correct public record of all meetings of the Board, which record shall
be open to inspection at all reasonable times by any taxpayer or elector
of the Town. Upon authorization by the Board of Directors, the Secretary
or the Chair may sign, on behalf of the Board, all formal notices
and records. The Secretary shall have no power to sign contracts.
The Town Clerk may certify the records of the Board of Directors as
true copies of the records of the Board of Directors as kept by the
Secretary.
The Board of Directors shall fix the time and
place of its regular meetings and may provide a method for the calling
of special meetings, but it shall hold at least one regular meeting
each month. At any such regular meeting, any elector of the Town may
be heard in discussion of any subject within the jurisdiction of the
Board of Directors. The Board may hold other meetings at such times
and places as it may determine, provided all meetings of the Board
shall be open to the public and, at any special meeting, no matter
shall be considered which was not included in the call for such special
meeting. The Board shall determine its own rules of procedure, subject
to the provisions of this chapter. The presence of five (5) members
shall constitute a quorum, but no ordinance, resolution or vote, except
a vote to adjourn or to fix the time and place of its next meeting,
shall be adopted by less than five (5) affirmative votes.
[Amended by referendum 4-30-1968]
Before any ordinance or bylaw shall be finally
enacted by the Board of Directors, the Board shalt have at least one
(1) public hearing at which electors and taxpayers shall have an opportunity
to speak for or against its adoption. Notice of such public hearing
shall be given at least three (3) times by advertisement in a newspaper
having a general circulation within the Town. The final notice of
such public hearing shall be at least five (5) days previous to holding
the meeting, including the day that notice is given and any Sunday
and any legal holiday which may intervene between such notice but
not including the day of holding such meeting.
[Amended by Sp. Act, Jan. Sess., 1949, Sp.
No. 475, Sec. 2, 25 C.S.A. 1193; amended by referendum, Ques. 7, 10-6-1958; amended by
referendum 4-30-1968; amended by referendum 11-5-1991; amended by referendum11-8-2022]
No ordinance or bylaw adopted by the Board of
Directors, except those making appropriations, or fixing the tax rate,
as provided in Chapter V of this Charter, shall become effective until
it shall have been advertised in full or summarized in accordance
with provisions contained in State Statutes at least three (3) times
in a newspaper having a general circulation in the Town and a period
of ten (10) days from the date of the third such advertisement shall
have elapsed, during which ten (10) days no petition for a referendum
on the ordinance shall have been filed in accordance with the provisions
of this section. If, within ten (10) days after the third publication
of any such ordinance, a petition signed by not less than five (5)
percent of the electors of the Town, as determined from the latest
official lists of the Registrars of Voters, is filed with the Town
Clerk requesting its reference to a special Town election, the Town
Clerk shall, within ten (10) days thereafter, fix the day and the
place of such election and certify the same to the Town Manager, and
such election shall be called and held in accordance with the provisions
of the General Statutes and this Charter for calling and holding a
Town election. Any ordinance so referred shall become effective upon
the conclusion of such election unless a majority of those voting
thereat shall have voted in the negative on a "yes" and "no" vote
on the question as to whether the ordinance or bylaws should be adopted.
Said petition for overrule may be submitted to the electors at a Town
election if said Town election occurs within sixty (60) days of the
filing of said petition.
[Amended by Sp. Act, Jan. Sess., 1949, Sp.
No. 475, Sec. 3, 25 C.S.A. 1193; amended by referendum, Ques. 7, 10-6-1958; amended by
referendum 4-30-1968; amended by referendum 11-7-1978; amended by referendum 11-5-1991; amended by referendum11-8-2022]
Whenever a petition signed by not less than five (5) percent of the electors of the Town, as determined from the latest official lists of the Registrars of Voters, proposing any lawful appropriation, ordinance or bylaw and including the complete text of any such ordinance or bylaw is filed with the Town Clerk requesting its passage, the Town Clerk shall, within ten (10) days thereafter, certify such petition and proposed ordinance or bylaw to the Board of Directors for its consideration. If, within forty-five (45) days from such certification, the Board of Directors shall not have made such appropriation or passed such ordinance or bylaw, or one substantially similar thereto, the Town Clerk shall submit such proposed ordinance or bylaw to the Town Attorney who shall, not later than thirty (30) days from the date the Town Clerk submits such proposed ordinance or bylaw to the Town Attorney, without materially changing its meaning and effect, correct the wording to avoid repetition, illegalities and unconstitutional provisions and assure accuracy and clarity. The Town Clerk shall thereupon fix the day and place of a special Town election and certify the same to the Town Manager, and such special Town election shall be called and held in accordance with the provisions of the General Statutes and this Charter for calling and holding Town elections. The Town Manager shall advertise such proposed appropriation, ordinance or bylaw in the same manner as provided for giving notice of a public hearing in §
3-8 of this Charter. If such appropriation, ordinance or bylaw is approved by a majority of those voting thereon at such special election, it shall become effective on the tenth day after such special election. Said petition for enactment may be submitted to the electors at a Town election if said Town election occurs within ninety (90) days of the filing of said petition.
[Amended by referendum11-8-2022
The provisions of §§
3-8 and 3-9 of this chapter shall not apply to any ordinance or bylaw adopted by the Board of Directors which is substantially similar in language to any ordinance or bylaw of the Town adopted prior to January 1, 1947, except that the Board of Directors or Town Manager is substituted for the Board of Selectmen or the Chair of the Board of Directors is substituted for the Chair of the Board of Selectmen. Any such ordinance or bylaw shall be effective upon passage by the Board of Directors and filing with the Town Clerk without the necessity of public hearing or advertisement.
[Added by referendum 11-4-2003; amended by referendum11-8-2022]
The Board of Directors and the Board of Education
shall annually during the month of September attend a joint meeting
of the Board of Directors and the Board of Education for the purpose
of discussing the possible consolidation of similar functions performed
independently by each unit of government. Within sixty (60) days of
such meeting the Town Manager and Superintendent of Schools shall
prepare a written report addressing proposed consolidation efforts
discussed by the Boards. Any action to consolidate efforts will require
a two-thirds vote of each Board to implement and repeal.
[Added by referendum 11-4-2008; amended by referendum11-8-2022]
If, not later than ten days after adoption of the budget in accordance with §
5-6, a petition signed by not less than seven percent of the electors of the Town, as determined from the latest official lists of the Registrars of Voters, is filed with the Town Clerk, to reject the budget adopted by the Board of Directors, the Town Clerk shall, within ten days thereafter, fix the day and place of a special Town election to vote on the petition to reject the adopted budget, and certify the same to the Town Manager, and such election shall be called and held in accordance with the provisions of the General Statutes and this Charter for calling and holding a Town election. The day of such special election shall be not more than 35 days after the date of adoption of the budget.
The petition for budget referendum shall be
in substantially the following form and shall be approved by the Town
Clerk in accordance with Section 7-9 of the General Statutes before
circulation:
WARNING: ALL SIGNATURES SHALL BE IN INK OR INDELIBLE
PENCIL
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We, the undersigned electors of
the Town of Manchester, present this petition requesting that the
following question be referred to the voters at a referendum: "Shall
the annual budget adopted by the Board of Directors on (here insert
date of adoption) take effect as adopted?" We certify that we are
electors of the Town of Manchester, residing at the addresses set
opposite our names, and that we have not signed this petition more
than once.
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SIGNATURE
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PRINTED NAME
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NUMBER STREET
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At the referendum, the electors shall choose
one of the following three responses to the ballot question:
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Yes.
No; the adopted budget is too high.
No; the adopted budget is too low.
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If a majority of the votes cast in the referendum
are "Yes," or if the total number of votes cast in the referendum
is less than 15% of the number of electors of the Town as determined
from the latest official lists of the Registrars of Voters, the adopted
budget shall take effect in accordance with the provisions of Chapter
5.
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Provided that the total number of votes cast
in the referendum is 15% or more of the number of electors of the
Town, a combined "No" vote by a majority of the electors voting shall
reject the adopted budget and require the Board of Directors to adopt
a revised budget.
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If the adopted budget is rejected, the Board
of Directors shall, within seven days after the special election,
adopt a revised budget, which may be less or greater than the adopted
budget, as the Board shall deem appropriate based on the results of
the referendum. The revised budget shall take effect in accordance
with the provisions of Chapter 5.
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There shall be no more than one budget referendum
in any year.
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