The Council shall consist of nine (9) members, who shall be
chosen in accordance with Section 202(a) and Section 204 of this Charter.
At each Town election, the Council shall be elected for terms of two
(2) years except as otherwise provided herein. All members of the
Council shall serve without compensation except for reimbursement
for actual expenses incurred in the performance of official duties
during the term for which they are elected. No member of the Council
shall hold any other office under the government of the Town of Southington.
(7-23-1984)
The Council shall meet on the second Monday in November in each
odd-numbered year and organize by electing by a majority vote of all
the members elected thereto one (1) of its members to be Chairman
and one (1) of its members to be Vice Chairman of the Council for
a term coextensive with that of the Council. In the absence of the
Chairman and Vice Chairman, an acting chairman shall be chosen by
the Council members present at a meeting of the Council and perform
such other duties consistent with his office as may be imposed by
the Council.
(11-3-1970)
The Town Clerk shall be the clerk of the Council. Within ten
(10) days after each meeting of the Council, he shall prepare and
have available in his office for public inspection the minutes of
such proceedings, including the vote of each member upon any issue
before the Council. Said minutes shall be presented to the Council
for approval at the next successive meeting of the Council. Immediately
following approval of the minutes by the Council, the clerk shall
record said minutes in a record book and shall certify minutes to
be a true and accurate record. Such record book shall be available
for public inspection in the office of the Town Clerk at all reasonable
times. The Council shall furnish the Town Clerk the necessary secretarial
assistance to perform the duties prescribed by this chapter and fix
the compensation therefor.
The Council shall meet at least once a month and shall fix the
time and place of its regular meetings and provide a method for the
calling of special meetings. It shall determine its own rules of procedure.
The presence of six (6) 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, except as otherwise provided herein.
(a)
The Council shall have the power by resolution, in its sole discretion,
with or without cause, to remove or suspend the Manager, and shall
have the power, in its sole discretion and for whatever cause it shall
deem sufficient, to remove or suspend by resolution any person appointed
to any other office or position by the Council.
(b)
The Council shall act first by suspending such person and shall promptly
serve him with a copy of the resolution of suspension together with
the reasons therefor, if any. If within ten (10) days after service
of said resolution such person shall file a request in writing with
the Town Clerk for a public or private hearing before the Council,
the hearing requested shall be held at a time and place set by the
Council not less than five (5) days nor more than fifteen (15) days
after the filing of the request. At such hearing the person may be
represented by counsel. If no hearing is requested, or at the conclusion
of the hearing, the Council shall promptly by resolution terminate
the suspension and either restore the person to, or remove him from,
his office or employment. During the period of suspension any such
person shall be ineligible to perform the duties of his office or
employment. Compensation, if any, shall be continued during the period
of suspension or for thirty (30) days from the date of suspension,
whichever is longer. There shall be no appeal from the decision of
the Council.
At least one (1) public hearing, at least five (5) days' notice
of which shall be given by publication in at least two (2) newspapers
having major circulation in the Town and by posting in such public
place or places as the Council shall by ordinance prescribe, shall
be held by the Council or a committee thereof before any ordinance
except one relating to appointment or designation of officers of the
Council or its procedure shall be passed. The passage of such ordinances
shall be advertised in at least two (2) newspapers having major circulation
in said Town and shall not become effective until twenty (20) days
after such publication. All ordinances shall be filed with the Town
Clerk and recorded in a book kept for that purpose, except that bond
ordinances need not be filed in a book for ordinances.
(11-3-1970)
If at any time before the effective date of any adopted ordinance
or resolution, except the annual budget, and except a resolution fixing
the tax rate, and except a resolution making an appointment or removal,
and except an ordinance making a special appropriation of less than
twenty-five thousand dollars ($25,000), or except an emergency ordinance
as defined in this chapter, there shall be filed with the Town Clerk
in respect of such ordinance or resolution a petition signed by qualified
electors of the Town in number equal to five (5) percent of the total
number of electors in the Town, as determined by the last effective
list of the Registrars of Voters, requesting the reference of such
ordinance or resolution to the voters, and upon certification by the
Town Clerk that the sufficient number of valid signatures are attached
to the petition, the ordinance or resolution shall not take effect
until the same has been submitted at a special election which the
Council must call, to be held in accordance with the provisions of
any statute, if applicable, otherwise not less than thirty (30) nor
more than forty-five (45) days after the filing of such petition.
Following such election, the ordinance or resolution shall take effect
unless a majority of those voting thereon, such majority consisting
of at least five (5) percent of the qualified electors in the Town
as determined by the last effective list of the Registrars of Voters,
shall vote in the negative.
(11-3-1970; 11-8-1994)
An emergency ordinance shall be only for the immediate preservation
of the public peace, health and safety, shall contain an explicit
statement of the nature of the emergency, and shall be adopted by
not less than six (6) affirmative votes in the Council, and in no
event shall the annual budget or any appropriation, except as hereinafter
provided, constitute an emergency ordinance. For the purpose of meeting
an emergency as herein defined, or to prevent the breakdown of any
essential service rendered by a department, board, commission, or
agency of the Town, the Council by an affirmative vote of not less
than six (6) of its members may appropriate, notwithstanding any other
provision of this Charter, a sum not to exceed fifty thousand dollars
($50,000) in any one (1) year. Every such emergency ordinance, including
any amendments thereto, shall automatically stand repealed at the
termination of the sixty-first day following passage of said ordinance.
(11-7-1972)
In addition to the appointment of a Manager pursuant to Section
401, the Council shall also appoint by an affirmative vote of a majority
of the total membership of the Town Council:
(a)
A Town Attorney for a term of two (2) years.
(b)
A Park and Recreation Board consisting of five (5) members to serve
for a term of four (4) years.
(c)
A Board of Tax Review consisting of three (3) members for a term
of four (4) years.
(d)
(Reserved.)
(e)
A Zoning Board of Appeals consisting of five (5) members and four
(4) alternate members for a term of not more than four (4) years.
(f)
A Library Board consisting of nine (9) members for a term of four
(4) years.
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(11-3-1970; 11-2-1971; 11-7-2000; 11-7-2006)
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The governing body of the Town shall be the Council, which shall
exercise and perform all the rights, powers, duties and obligations
of the Town except as the same may be assigned by this Charter to
some other officer, board or agency, which powers shall include. in
addition to all other powers. all the powers and duties now or hereafter
conferred or imposed upon town meetings and boards of selectmen, except
for the making of voters and related matters in towns by the General
Statutes and in the Town of Southington (in particular) by special
acts. In addition thereto, the Council may provide for the payment,
in part or in whole, of the cost of a public work or improvement by
assessment, taxation, service charge, connection charge or such other
method of payment as shall be deemed fair and equitable on or against
the owners of real estate especially benefited thereby, and to enforce
or collect such assessments, taxes or other charge as a personal liability
of the owner or directly as a lien on the lands benefited. This paragraph
shall not be construed so as to limit or prevent the powers otherwise
conferred upon the Department of Public Works. The Council may provide
by ordinance for the exercise of any of the administrative powers
of the former Board of Selectmen not otherwise assigned by this Charter
by the Manager or some other officer, board or agency. The legislative
power of the Town is vested exclusively in the Council except as otherwise
provided in this Charter. It shall have power, subject to the provisions
of this Charter, by ordinance to create or abolish departments, offices
and employments, fix the compensation of officers and employees of
the Town except employees of the Board of Education, and the charges,
if any, to be made for services rendered to the Town. It shall further
have power to make, alter and repeal ordinances or resolutions not
inconsistent with this Charter and 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.
The electors shall have the power to propose to the Council
any ordinance, except an ordinance appointing or removing officials,
specifying the compensation or hours of work of the officials or employees,
adopting the annual budget, authorizing the levy of taxes, or fixing
the tax rate. The ordinance shall be proposed by a petition to the
Council setting forth the proposed ordinance and requesting its adoption,
which petition shall be filed by qualified electors of the Town, in
number equal to five (5) percent or more of the total number of the
qualified electors of the Town as determined by the last effective
list of the Registrar of Voters. The petition shall be filed with
the Town Clerk, who shall within ten (10) days determine whether or
not the petition contains the required number of valid signatures,
and if it does he shall so certify to the Council at its next regular
meeting. The Council shall within sixty (60) days after certification
either adopt the proposed ordinance after a public hearing or submit
the same to the electors at a special election to be held within ninety
(90) days from the date of the Town Clerk's certification, provided
that if a general election or town election is to occur within four
(4) months of such certification, the ordinance may be submitted at
such election. The ordinance shall be adopted if a majority of those
voting vote in the affirmative and such majority consists of ten (10)
percent or more of the total number of qualified electors of the Town,
as determined by the last effective list of the Registrars of Voters.
