At each General Town Election there shall be elected sufficient members to maintain a full delegation to represent the Town of Durham on the Regional District 13 Board of Education. Terms of office shall be four years beginning on the first Monday in December following said election, in accordance with Section 2.1 of this Charter, except as provided in the following paragraph.
The transition and terms of office for the Durham members of
the Regional District 13 Board of Education shall be accomplished
as follows: two members, whose terms expire on June 30, 2007, shall
have their terms extended until the General Town Election in November
2007. At that time two members shall be elected for four-year terms.
Three members, whose terms expire on June 30, 2008, and one member,
whose term expires on June 30, 2009, shall have their terms extended
until the General Town Election in November 2009. At that time, three
members shall be elected for four-year terms and one member shall
be elected for a two-year term.
This method of election is contingent on the approval of a District
referendum providing for a four-year term for the Regional Board of
Education. Otherwise, the method will revert to the previous method
of election by town meeting.
The town shall have representation on a Regional Planning Agency
in accordance with the provisions of the General Statutes.
The Durham-Middlefield Interlocal Agreement Advisory Board shall
operate and be constituted as provided in the by-laws of said board.
There shall be a Planning and Zoning Commission consisting of nine regular members and three alternates. Each regular member shall have a vote. Members shall be elected in accordance with Sections 2.1 and 2.3 of this Charter at General Town Elections, and shall serve for a term of four years, beginning on the first Monday in December after said election. At the first regular meeting of the Commission occurring after said first Monday in December, the Commission shall elect a chairman, and vice-chairman and a secretary. The chairman must receive a majority of the votes cast.
The planning and zoning commission shall fill within 30 days
any vacancy which occurs among the regular members by appointing one
of the three alternate members of the Commission. Said appointee shall
serve until the next General Town Election when an election to fill
the unexpired portion of the vacating member's term shall be held.
The membership of the Commission and the alternates shall be considered separately for the purposes of Section 2.3 of this Charter.
The Board of Selectmen shall fill, within 30 days, any vacancy
which occurs among the alternate positions. Said appointee shall serve
until the next General Town Election when an election to fill out
the unexpired portion of said vacating members term will be held.
The Planning and Zoning Commission shall possess all of the
powers and duties, not inconsistent with this Charter, in accordance
with the General Statutes.
The Commission shall appoint a Zoning Enforcement Officer who
will not be a member of said Commission, and who will enforce the
zoning regulations of the town. The Commission may also appoint an
Assistant Zoning Enforcement Officer if necessary. The Commission
will define the scope of the duties of the Office and regulate the
activities of said Officer(s), and will have the authority to discharge
said Officer(s) for due cause.
The Commission shall appoint one representative who is a resident
of the town to the Regional Planning Agency, in accordance with provisions
of the General Statutes.
There shall be a Zoning Board of Appeals consisting of five
regular members and three alternate members. Each regular member shall
have one vote.
Regular members and alternates shall be elected in accordance with Sections 2.1 and 2.3 of this Charter at the General Town Election, and shall serve for a term of four years, beginning on the first Monday of December following the election. The membership of the Board and the alternates shall be considered separately for the purposes of Section 2.3 of this Charter.
The Board of Selectmen shall fill within 30 days any vacancy
which occurs among the regular members from among the alternate members.
Said appointee shall serve until the next General Town Election.
No regular or alternate member of this Board may be a member
of the Planning and Zoning Commission.
The Zoning Board of Appeals shall possess all of the powers
and duties in accordance with the General Statutes that are not inconsistent
with this Charter.
A Director of Health shall be appointed by the Board of Selectmen,
with the approval of the State Public Health Council. The Director
shall have all of the powers and duties in accordance with the General
Statutes and shall serve for a period of four years.
There shall be a Town Sanitarian appointed by the Board of Selectmen,
advised by the Director of Health and having all of the powers and
duties in accordance with the General Statutes.
There shall be a Town Clerk who shall perform all of the duties and functions in accordance with the General Statutes, and whose term of office shall be set forth in Section 2.1 of this Charter.
The Board of Selectmen shall, by resolution at a meeting to
be held not later than one month after taking office, appoint a Town
Counsel to serve for a term coterminous with the Board of Selectmen,
or until a successor has been appointed.
The Town Counsel shall be an attorney at law admitted to practice
law in Connecticut. Unless otherwise provided for by this Charter,
he or she shall appear for and protect the rights of the town in all
actions, suits, or proceedings brought by or against it or any of
its officers, boards, commissions, or committees. He or she shall
be a legal advisor to all town officers, boards, commissions, or committees,
in all matters affecting the town, and will, upon written request,
furnish them with a written opinion on any question of law involving
their respective powers and duties, said written requests and replies
to be forwarded through the Board of Selectmen. Upon written request,
the Town Counsel will prepare or approve forms of contracts or other
instruments to which the town is a party or in which it has an interest.
He or she shall have the power, with approval of the Selectmen, to
compromise or settle any claims by or against the town. In the event
of a conflict of interest, the Town Counsel will report said conflict
to the Board of Selectmen and disqualify him- or herself. The Board
of Selectmen shall have the authority to retain other counsel.
The Durham Volunteer Fire Company, Inc. shall be the custodian
of all Fire Department equipment and shall be responsible for its
maintenance. It will be responsible for the prevention, control, and
extinguishment of fires, and shall perform all functions usually associated
with the town Fire Department.
There shall be a Board of Trustees consisting of three voters
of the town, and not members of the Durham Volunteer Fire Company,
Inc., one of whom shall be elected at each Annual Town Meeting for
a term of three years or until his replacement has been elected. These
Trustees are to work with the three Trustees elected by the Durham
Volunteer Fire Company, Inc., in formulating rules governing the use
of and maintenance of the Fire Department buildings.
The Board of Selectmen shall appoint a Fire Marshal and such
deputies as may be necessary all in accordance with the General Statutes.
The Board of Selectmen shall appoint, for a term of two years,
an Animal Control Officer who shall have powers and duties in accordance
with the General Statutes.
There shall be a Conservation Commission consisting of nine
members appointed by the Board of Selectmen. Terms of office shall
be for a period of three years, three members being appointed each
year. Each member's term shall begin on January 1.
The Conservation Commission shall function in accordance with
the General Statutes.
In addition to the duties and responsibilities specified in
the General Statutes, the Commission shall have overall authority
to administer and regulate open space property acquired under the
provisions of the General Statutes.
The Commission is authorized and empowered to negotiate any
and all leases for the rental of such open space land, to develop
and execute plans and programs for the conservation and use of such
open space land, and to delegate responsibility for the intensive
management of any part of these lands to other public and private
organizations for the benefit of the public.
The Durham Recreation Committee shall be constituted and shall
operate as provided in the Articles of Authority of the Durham Recreation
Committee as recorded by the Town Clerk. The Committee shall be responsible
to the Board of Selectmen.
There shall be a Building Code Board of Appeals which shall
function in accordance with the General Statutes and the State Building
Code, as amended.
There shall be a Building Official appointed by the Board of
Selectmen. The Building Official shall perform duties in accordance
with the provisions of the State Building Code. The Board of Selectmen
shall have the authority to discharge said Building Official for due
cause.
There shall be an Economic Development Commission which shall
operate in accordance with the General Statutes. The Commission shall
consist of seven electors of the town who shall be appointed by the
Board of Selectmen. The term of office shall be for two years. All
terms shall begin on January 1.
The Board of Library Directors shall consist of nine members
elected at the Annual Town Meeting for terms of three years. The Board
shall have the responsibility for providing library services, library
personnel, for setting hours of operation and for maintaining the
buildings and grounds.
The Board shall have the responsibility of acting as trustees
of and administering the endowment funds established for the library.
There shall be a Compensation Review/Personnel Policy Commission.
This Commission shall provide continuing review of all compensation,
including all monetary and non-monetary compensation and benefits,
provided by the town to all public officials and employees. At the
request of the Board of Finance or Board of Selectmen, this Commission
shall also provide review and/or continuing review of compensation
provided by the town to any other party, such as consultants, contractors,
and service providers.
The Commission shall, at least annually, provide a written report
of its doings to the Board of Finance and Board of Selectmen, and
a copy of such report shall be filed with the Town Clerk at least
60 days prior to any hearing on the annual town budget.
No person whose compensation is subject to review by this Commission,
and no person who is affiliated with any entity whose compensation
is subject to review by this Commission, shall hold membership on
this Commission.
The Commission may also advise the Board of Selectmen on personnel
matters.
This Commission shall have five members, and members shall hold
terms of five years.
The current membership of the Personnel Policy Board shall retain
their seats, and shall serve their terms, as the same presently exist.
Vacancies from whatever cause shall be filled by election at a Town
Meeting, no contrary provision of this Charter withstanding.
There shall be an Inland Wetlands and Watercourses Agency consisting
of seven members whose powers, duties and terms of office are as set
forth in an ordinance of the town dated August 27, 1973, and in the
General Statutes as either may be amended from time to time.
There shall be an Historic District Commission consisting of
five members and three alternate members whose powers, duties and
terms of office are as set forth in an ordinance of the town dated
June 25, 1973, and in the General Statutes as either may be amended
from time to time.
There shall be an Ethics Commission that shall set forth standards
of ethical conduct for public officials, employees, contractors, consultants,
and members of boards and commissions in the performance of their
duties. Such commission shall be established forthwith by Town Ordinance.
There shall be a department of Emergency Management and a Director
of Emergency Management appointed by the Board of Selectmen and it
shall function in accordance with Chapter 517 of the General Statutes.
Except as otherwise provided in this Charter, the town shall
have such other town officers, departments, boards, commissions, and
agencies as now exist and as are provided by the General Statutes,
special acts, or as provided by any ordinance adopted pursuant to
law. All such officers, departments, boards, commissions, and agencies,
shall be elected or appointed in accordance with the General Statutes
or by Special Act, or as provided in this Charter, or by any ordinance
adopted pursuant to law, and shall continue to have such powers and
duties, privileges and functions as are or may in the future be conferred
on them by the General Statutes, Special Acts, this Charter, ordinances,
or regulations adopted pursuant to law, or amendments thereto.
