The powers which are conferred and the duties which are imposed
upon any office, agency, board or commission under the General Statutes
or special acts concerning the Town, or any ordinance or regulation,
in force at the time this Charter shall take effect, shall be exercised
and discharged by the office, agency, board or commission upon which
are imposed corresponding or like functions, powers and duties under
the provisions of this Charter. All offices, agencies, boards and
commissions abolished by this Charter shall continue in the performance
of their duties until provisions shall have been made for the discontinuance
of such offices, agencies, boards and commissions and the performance
of their duties by other offices, agencies, boards and commissions
created under this Charter, and until the Town Clerk shall have notified
the members of such offices, agencies, boards and commissions as are
abolished that their successors have qualified. All powers which are
conferred and the duties which are imposed upon the Board of Finance
under the General Statutes or any ordinance or regulation concerning
said Board, in force at the time this Charter shall take effect, shall
thereafter be exercised and discharged by the Town Council, unless
otherwise specifically provided in this Charter.
All persons holding permanent positions in the service of the
Town on the effective date of this Charter, whose positions are not
abolished by the provisions of this Charter, shall retain such positions
pending action by the Town Council or the appropriate officer, board
or commission charged by this Charter with powers of appointments
and removals. Any provisions of law in force at the time this Charter
shall take effect, and not inconsistent with the provisions of this
Charter, in relation to personnel, appointment, ranks, grades, tenure
of office, promotions, removals, pension and retirement rights, civil
rights, or any other rights or privileges of employees of the Town
or any office, department or agency thereof, shall continue in effect
until or unless amended or repealed in accordance with the provisions
of this Charter. All persons holding positions in what shall be the
classified service of the Town shall retain such positions without
preliminary or working tests, and shall thereafter be subject in all
respects to the provisions of this Charter.
All records, property and equipment whatsoever of any office,
board, agency or commission, all the powers and duties of which are
designated to any other office, board, agency or commission by this
Charter, shall be transferred and delivered intact to the office,
board, agency or commission to which such powers and duties are so
assigned. If part of the powers and duties of any office, board, agency
or commission are by this Charter assigned to another office, board,
agency or commission, all records, property and equipment relating
exclusively thereto shall be transferred and delivered intact to the
office, board, agency or commission to which such powers and duties
are so assigned.
No action or proceeding, civil or criminal, pending on the effective
date of this Charter brought by or against the Town or any office,
agency, board or commission thereof, shall be affected or abated by
the adoption of this Charter, or by anything herein contained; but
all such actions or proceedings may be continued notwithstanding that
functions, powers and duties of any office, agency, board or commission
party thereto may, by or under this Charter, be assigned or transferred
to another office, board, agency or commission, but, in that event,
the same may be prosecuted or defended by the head of the office,
agency, board or commission to which such functions, powers and duties
have been assigned or transferred by or under this Charter.
All general laws of the State of Connecticut applicable to the
Town and all ordinances of the Town shall continue in full force and
effect, except insofar as they are inconsistent with the provisions
of this Charter.
This Charter may be amended in accordance with provisions of
§ 7-188 of the General Statutes, as amended.
If any section or part of any section of this Charter shall
be held invalid by a court of competent jurisdiction, such holding
shall not affect the remainder of this Charter nor the context in
which said section or part thereof so held invalid may appear, except
to the extent that an entire section or part of a section may be inseparably
connected in meaning and effect with the section or part of a section
to which such holding shall directly apply.
If this Charter shall be adopted by the electors of the Town
of Montville in accordance with § 7-191 of the Connecticut
General Statutes, as amended, it shall become effective immediately,
except as otherwise provided herein, upon the date of certification
of the affirmative result of the election to adopt this Charter and
the establishment of a Transition Committee in accordance with § C1009
of this Charter. Notwithstanding the foregoing, the adoption of this
Charter shall not terminate the term of any and all Town officials
elected prior to or contemporaneously with the adoption of this Charter.
In the event that this Charter shall be ratified by the electors
of the Town in accordance with § C1006 hereof, a committee
composed of the following will be requested to serve in an advisory
and voluntary capacity to assist in the transition of the Town government
to the form and procedure set forth in this Charter: the Mayor, the
members of the Town Council, the Town Clerk, the Town Attorney, and
those members of the Charter Revision Commission as of June 30, 1989.
The organizational meeting of this Committee will be held no later
than seven days following ratification of the Charter, and will be
called to order by the Mayor. A Chairman will be elected at said organizational
meeting from among the members. The term of this Committee will begin
on the day following ratification of this Charter and will end on
the date that all changes contemplated by this Charter have been implemented.
Whenever the context shall require, the singular shall include
the plural, the plural shall include the singular and words of any
gender shall be deemed to include words of any other gender.
A.
Each board, commission or authority of the Town of Montville created pursuant to the provisions of § C203, Subsection C, D or E, or Article IV of the Montville Town Charter or pursuant to ordinance adopted by the legislative body of the Town of Montville pursuant to § C412 of the Montville Town Charter shall, within 90 days subsequent to the date of the adoption of this provision; or 90 days subsequent to the empanelling of such board, commission or authority, as the case may be, adopt written rules of procedure which shall govern all further applications, appeals or proceedings before said board, commission or authority, the procedure pursuant to which such board, commission or authority conducts all business and which shall further govern the manner in which said board, commission or authority shall act upon any applications, petitions or appeals pending before it. Each such board, commission or authority of the Town of Montville shall, within 15 days subsequent to the date of adoption of said written rules of procedure, file a certified copy of the same with the Town Clerk of the Town of Montville, Connecticut.
B.
In the event that any board, commission or authority created by this
Charter or by any ordinance adopted by the legislative body of the
Town of Montville pursuant to the provisions of § C412 of
this Charter fails to meet with a duly constituted quorum for the
transaction of business for any consecutive three-month period, said
board, commission or authority shall, by operation of this Charter,
be terminated, and all power and authority vested in such board, commission
or authority by the laws of the State of Connecticut, by this Charter,
by ordinance or otherwise shall immediately vest in the legislative
body of the Town of Montville. Upon such termination, the secretary
of such terminated board, commission or authority shall forthwith
surrender all records of such board, commission or authority to the
Montville Town Clerk. The legislative body shall, within 30 days subsequent
to the date of termination of such board, commission or authority,
hold a meeting to perform the functions and duties of such terminated
board, commission or authority. The legislative body of the Town of
Montville shall continue to perform the functions of such terminated
board, commission or authority, as required by law, until such time
as a new board, commission or authority is empanelled as hereinafter
provided. In the event that any such board, commission or authority
shall be terminated pursuant to the provisions hereof, the appointing
authority of such board, commission or authority as provided by law
shall empanel a new board, commission or authority within 60 days
subsequent to the date of termination thereof and such empanelled
board, commission or authority shall, from that date and thereafter,
perform the duties and exercise the powers provided to such board,
commission or authority by law.
C.
Any board, commission or authority, whose sole purpose is to act in a quasi-judicial capacity, need not meet on a monthly basis if there is no business to be transacted before it. However, any such board, commission or authority shall be required to comply with the requirements of Subsection A of § C1011.
