There shall be a Town Council consisting of seven Councilors,
elected by the qualified electors of the Town as provided in § C203,
Subsection B, of this Charter.
The Town Council may determine the annual salary of Councilors
by ordinance in accordance with Section 7-460 of the General Statutes,
as amended. No ordinance increasing such salary shall become effective
until the date of commencement of the terms of the Councilors elected
at the next regular election, provided that such election follows
the adoption of such ordinance by at least six months. Councilors
shall receive their actual and necessary expenses incurred in the
performance of their duties of office.
Each newly elected Town Council shall meet for organization in the Town Hall at 8:00 p.m. on the Monday following its election. The meeting shall be called to order by the Town Clerk who shall administer the oath of office to all newly elected members. In the absence of the Town Clerk, the meeting may be called to order and the oath administered by any officer authorized by law to administer oaths. The Town Council shall elect one of its members an officer of the Town who shall have the title of Chairman of the Town Council and shall serve at the pleasure of the Town Council. The Chairman of the Town Council shall act as moderator at all Town Council meetings and Town meetings held under Article VIII of this Charter. The Chairman of the Town Council shall act as Mayor during the absence or disability of the Mayor, and if a vacancy occurs shall become Mayor until his successor shall be elected in accordance with § C208 of this Charter. The Town Council shall also elect one of its members an officer of the Town who shall have the title of Deputy Chairman of the Town Council and shall serve at the pleasure of the Town Council during any period of absence or disability of the Chairman of the Town Council.
A.
The Town Council shall constitute the legislative branch of government
of the Town of Montville. The Town Council shall have the following
enumerated powers:
(1)
Subject to the provisions of Article VIII of this Charter, the Town Council shall have the exclusive power to enact, amend or repeal ordinances not inconsistent with this Charter or the General Statutes of the State of Connecticut.
(2)
To create or abolish, by ordinance, boards, commissions, departments
and offices, except that the Town Council shall not have the power
to abolish any board, commission or office expressly authorized and
constituted by this Charter.
(3)
To incur indebtedness in the name of the Town and to provide for the due execution of contracts and evidence of indebtedness issued by the Town subject to the provisions of Article VII of this Charter.
(4)
To accept as a public highway any street or highway situated in the
Town after receipt of a report by the Planning and Zoning Commission
under the provisions of Section 8-24 of the Connecticut General Statutes,
as amended. Discontinuance of Town roads shall be in accordance with
Section 13a-49 of the Connecticut General Statutes, as amended.
(6)
To institute, prosecute, defend or compromise any legal action or
proceeding by or against the Town.
(7)
Subject to the provisions of Article VII of this Charter, to enter into contracts for any services and to purchase or contract to purchase any supplies, materials, equipment and other commodities required by any Town agency, except for those budgeted items of any Town board, commission or agency contained in the approved budget of the Town of Montville and further excepting the Board of Education. The Town Council may delegate any of its powers in this section to any Town agency, board or commission or the Mayor.
(9)
To fix the salaries and benefits of the Mayor, the Registrars of
Voters and the officers and employees of the Town of Montville, except
as provided in § C906 of this Charter.
(10)
To accept gifts of real estate unless good cause is shown that the
acceptance of the gift would be detrimental to the general welfare
of the Town.
(11)
To coordinate the activities of all agencies of the Town and to keep
under review the present and future needs of the Town. The Town Council
shall require such reports from and meetings with other Town agencies,
boards, commissions and officers as may be useful to it in the performance
of its duties.
(12)
To constitute one of their members who shall serve as Chairman and
one of their members who shall serve as Deputy Chairman in the absence
of the Chairman.
(13)
To maintain records and minutes of all of its proceedings which shall
be maintained permanently by the Town Clerk.
(14)
To mandate that any administrative office, including the office of
the Mayor, implement any ordinance or resolution adopted by the Town
Council within the time allocated for such implementation by the Town
Council.
(15)
To make appointments to any appointive boards, commission or agencies
of the Town and to fill vacancies which arise in said appointive offices.
(16)
To adopt policies which consider all administrative positions in
the Town government, elected or appointed, where salary and/or benefits
are provided. Policies shall define the personnel to be covered, the
qualifications and method of appointment to each position, the duties,
responsibilities and powers of such positions and the conditions,
salary and benefits of employment in such positions.
(17)
To override the veto of the Mayor of any ordinance or resolution
adopted by the Town Council. The override shall require a two-thirds
vote of the entire Council taken within 30 days of the date of delivery
of said veto to the Town Clerk, except as specifically provided in
this Charter.
B.
The Town Council shall have such other powers and duties as are provided
for legislative bodies of municipalities by the General Statutes of
the State of Connecticut and this Charter. The Town Council may exercise
any of the powers conferred on towns by the General Statutes of the
State of Connecticut to the extent that such powers are not otherwise
limited by or inconsistent with this Charter.
A.
Holding other office: Except where authorized by law or otherwise
specifically required by this Charter, no Councilor shall hold any
other Town office or Town employment during the term for which he
was elected to the Town Council, and no former Councilor shall hold
any compensated appointive Town office or Town employment until one
year after the expiration of the term for which he was elected to
the Town Council.
B.
Appointments and Removals: Neither the Town Council nor any of its
members shall in any manner dictate the appointment or removal of
any Town administrative officer or employee whom the Mayor or any
of his subordinates are empowered to appoint, except as provided in
this Charter, but the Town Council may express its views and fully
and freely discuss with the Mayor anything pertaining to appointment
and removal of such officers and employees.
C.
Interference with Administration: Except for the purpose of inquiries
and investigations under Sections 308 and 902, the Town Council or
its members shall deal with Town officers and employees who are subject
to the direction and supervision of the Mayor solely through the Mayor,
and neither the Town Council nor its member shall give orders to any
such officer or employee, either publicly or privately
A.
Vacancies: The office of a Councilor shall become vacant upon his
death, resignation, removal from office in any manner authorized by
law, or forfeiture of his office.
C.
Filling of Vacancies: A vacancy in the Town Council shall be filled for the remainder of the unexpired term, if any, at the next biennial election at which the vacancy can be filled in accordance with Section 9-221 of the General Statutes, as amended, but the Town Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Town Council fails to do so within 30 days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by the provisions of Article II. Notwithstanding the requirements in § C310, Subsection C, that a quorum of the Town Council consists of four members, if at any time the membership is reduced to less than four, the remaining members may by majority action appoint additional members to raise the membership to four.
The Town Council shall be the judge of its members and of the
grounds for forfeiture of their office. A member charged with conduct
constituting grounds for forfeiture of his office shall be entitled
to a public hearing on demand and notice of such hearing shall be
published in one or more newspapers of general circulation in the
Town at least one week in advance of the hearing. Decisions made by
the Town Council under this section may be subject to review by the
courts.
The Town Council shall, within six months subsequent to the
date of adoption of this Charter provision, adopt, by ordinance, a
comprehensive code of ethics which shall govern the conduct of all
municipal officials, both elected and appointed, and all municipal
employees. The Town Council shall have the power to investigate any
and all departments, offices and agencies of the Town to determine
whether or not there has been any violation of the Code of Ethics
or any wrongdoing in such departments, offices and agencies; and,
for such purposes, shall have the power to call witnesses to appear
before the Town Council to testify on any matter under investigation.
At the request of the Town Council, any proper authority may issue
a subpoena for the appearance of witnesses and the production of evidence.
Upon the determination, after a hearing held, of which hearing the
respondent has had notice and at which hearing the respondent has
had an opportunity to be heard, that a violation of the Code of Ethics
has occurred, the Town Council shall have the right to take any disciplinary
action allowed by applicable law.
The fiscal year of the Town of Montville shall be from July
1 to June 30 unless otherwise mandated by the General Statutes, as
amended.
A.
Meetings: The Town Council shall meet regularly at least once in
every month at such time and places as the Town Council may prescribe
by rule. The Town Council will set its own rules pertaining to the
calling of special or emergency meetings. All meetings shall be public;
however, the Town Council may recess for the purpose of discussion
in a closed or executive session, pursuant to provisions of Section
1-21 of the General Statutes, as amended, [1] provided that the general subject matter for consideration
is expressed in the motion calling for such session and that final
action thereon shall not be taken by the Town Council until the matter
is placed on the agenda.
[1]
Editor's Note: Said Section 1-21 of the General Statutes
has been transferred; see now C.G.S. § 1-225.
B.
Rules and Journals: The Town Council shall determine its own rules
and order of business, except as provided in this Charter, and shall
provide for keeping a journal of its proceedings. This journal shall
be a public record and kept in the office of the Town Clerk.
C.
Voting: Voting, except on procedural matters, shall be by roll call
and the ayes and nays shall be recorded in the journal. Four members
of the Town Council shall constitute a quorum, but a smaller number
may adjourn from time to time and may compel the attendance of absent
members in the manner and subject to penalties prescribed by the rules
of the Town Council. No action of the Town Council, except as otherwise
provided in the preceding sentences and in § C306 of this
Charter, shall be valid or binding unless adopted by the affirmative
vote of four or more members of the Town Council.
In addition to other acts required by law or by specific provisions
of this Charter to be done by ordinance, those acts of the Town Council
shall be by ordinance which:
A.
Adopt or amend an administrative code;
B.
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
C.
Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by adoption of the budget;
D.
Grant, renew, or extend a franchise;
E.
Convey or lease, or authorize the conveyance or lease of any lands
of the Town;
F.
Adopt, with or without amendments, ordinances proposed under the
initiative power;
G.
Amend or repeal any ordinance previously adopted;
H.
Establish, alter or abolish any Town department, office, agency,
board, or commission, except as provided by this Charter.
A.
Form: Every proposed ordinance shall be introduced in writing and
in the form required for final adoption. No ordinance shall contain
more than one subject, which shall be clearly expressed in its title.
The enaction clause shall be: "The Town of Montville hereby ordains
. . ." Any ordinance which repeals or amends part of an existing ordinance
or part of the Town Code shall set out in full the ordinance, section
or subsections to be repealed or amended, and shall indicate matter
to be omitted by enclosing it in brackets or by strikeout type, and
shall indicate new matter by underscoring or by italics.
B.
Procedure: An ordinance may be introduced by any member at any regular
or special meeting of the Town Council. Upon introduction of any ordinance,
the Town Clerk shall distribute a copy to each Councilor and to the
Mayor, shall file a reasonable number of copies in the office of the
Town Clerk and such other public places as the Town Council may designate
and shall publish the ordinance together with a notice setting out
the time and place for a public hearing thereon and for its consideration
by the Town Council. The public hearing shall follow the publication
by at least seven days, may be held separately or in connection with
a regular or special meeting of the Town Council, and may be adjourned
from time to time; all persons interested shall have an opportunity
to be heard. After the hearing, the Town Council may adopt the ordinance
with or without amendment or reject it, but, if it is amended as to
any matter of substance the Town Council may not adopt it until the
ordinance or its amended sections have been subject to all the procedures
hereinbefore required in the case of a newly introduced ordinance.
As soon as practicable after adoption of any ordinance, the Town Clerk
shall have it published again together with a notice of its adoption.
C.
Effective Date: Except as otherwise provided in this Charter, every
adopted ordinance shall become effective at the expiration of 30 days
after adoption [adoption being defined as the date of approval by
the Town Council in the event that no veto power is exercised pursuant
to § C505 of this Charter and the date of override of a
mayoral veto by the Town Council in the event that a mayoral veto
is overridden in accordance with the provisions of § C304,
Subsection A(17) of this Charter] or at a later date specified therein.
D.
"Publish" Defined: As used in this section, the term "publish" means
to print in one or more newspapers of general circulation in the Town:
E.
Authentication and Recording: The Town Clerk shall authenticate by
his signature and record in full in a properly indexed book kept for
the purpose all ordinances adopted by the Town Council.
To meet a public emergency affecting life, health, property or the public peace, the Town Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in § C706. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four members shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to § C706 shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
