The legislative power of the Town, to the extent specified in
this Article, shall be vested in the Town Meeting.
(a)
An Annual Town Budget Meeting shall be held at the time, and conducted
in the manner, described in Sections 9.5 and 3.3, respectively.
(b)
A Special Town Meeting shall be called by the Board of Selectmen
(i) when it deems such Meeting necessary or (ii) when required by
the Charter or the General Statutes.
(a)
All Town Meetings shall be called to order by the First Selectman.
In the absence of the First Selectman, the Selectman designated under
Section 5.2 as the acting First Selectman shall call the Meeting to
order. If both the First Selectman and the acting First Selectman
are absent, the First Selectman shall appoint the other member of
the Board of Selectmen if available, or otherwise any other Qualified
Voter, to call the Meeting to order.
(b)
The Board of Selectmen shall nominate from the Panel of Moderators
a member to serve as moderator and a member to serve as alternate
moderator for such Town Meeting. All reasonable care shall be taken
to avoid conflicts of interests in these selections. Public Notice
shall be given of the name of the member so nominated as moderator
and such name shall be included in the call of the Town Meeting, if
possible. Prior to the Town Meeting, such member shall meet with the
First Selectman or the Board of Selectmen to discuss procedures, conduct
and possible problems that might arise during the course of the Town
Meeting. At the Town Meeting, other persons may be nominated as moderator,
and the Town Meeting shall elect its moderator.
(c)
The moderator shall appoint a parliamentarian for the meeting.
(d)
The Clerk of the Town Meeting shall be the Town Clerk or in the Town
Clerk's absence, a person selected by the Town Meeting.
(e)
Except as otherwise provided in the Charter, action at all Town Meetings
shall be by a majority of Qualified Voters present and voting.
The Board of Selectmen shall call a Special Town Meeting for
consideration of the following matters:
(a)
Appropriations or authorizations for issuance of bonds, notes or
other borrowing, as recommended by the Board of Selectmen and the
Board of Finance, except as provided in Section 9.7(c) (relating to
an interim Annual Town Budget);
(b)
The purchase, sale or leasing of real estate by the Town;
(c)
Applications for federal or State grants involving a multi—year
commitment to expend Town funds that have not yet been appropriated,
but only if, in the Fiscal Year in which such commitment is first
incurred, the Board of Finance determines, in its discretion, that
the commitment is sufficiently material to warrant a Town Meeting;
(d)
Requests for appropriations described in Section 9.9(c);
(e)
Petitions meeting the requirements of Section 3.6 or 3.7;
(f)
The proposed abolition of any office provided for in the Charter
(other than an elected office), or a reduction in membership of, or
abolition of, an appointed Board or Commission provided for in Article
8 of the Charter, in each case, in accordance with Section 4.2(b);
(g)
The proposed change of the position of Town Clerk from an elected
office to an appointed office, pursuant to Section 6.6(c), or the
proposed change of the position of Tax Collector from an appointed
office to an elected office, pursuant to Section 8.6(d)(ii); and
(h)
Any proposal the Board of Selectmen deems of sufficient importance.
Any matter falling within Section 3.4 above may be decided by
machine ballot (other than a matter described in Section 3.4(g), which
must be decided by machine ballot):
(a)
at the discretion of the Board of Selectmen, or
(b)
pursuant to a petition filed in accordance with Section 7-7 of the General Statutes, both in the following manner:
After other business has been completed and after adequate discussion of the matter(s) to be decided by machine ballot, the moderator shall adjourn the Town Meeting and the matter(s) shall be submitted to the Qualified Voters, not less than seven days nor more than fourteen days thereafter, for a "yes" or "no" vote on the voting machines during the hours permitted by Section 7-7 of the General Statutes. If a majority of those voting vote "yes" on a matter, the matter shall be deemed to have been adopted by the Town Meeting; otherwise it shall be deemed to have been rejected.
Any ordinance, resolution or other action taken by vote of the
Board of Selectmen, except those making appointments or removals,
those concerned solely with regulating their internal procedure or
emergency ordinances adopted in accordance with the provisions of
Section 4.5, shall be subject to overrule by a Special Town Meeting
as follows:
(a)
if within 20 days after the publication of any such ordinance or the making of such resolution or the taking of such vote, a petition conforming to the requirements of Section 7-9 and 7-9a of the General Statutes and signed by not less than five percent of the Qualified Voters is filed with the Town Clerk requesting its reference to a Special Town Meeting, then the effectiveness of such ordinance, resolution or other action shall be suspended;
(b)
the Board of Selectmen shall fix the time and place of such Special
Town Meeting, which shall be within 20 days after the filing of the
petition;
(c)
notice of the Special Town Meeting shall be given in the manner and
at the time provided by the General Statutes for the calling of a
Special Town Meeting;
(d)
if at least three percent of Qualified Voters, constituting a majority
of those present and voting thereon, vote in favor of overruling the
ordinance, resolution or action, it shall not take effect. Otherwise
it shall take effect upon the conclusion of the Meeting.
Not less than five percent of Qualified Voters may at any time file with the Town Clerk a petition that conforms to the requirements of Section 7-9 and 7-9a of the General Statutes requesting that a Special Town Meeting be held for the enactment of any proposed lawful ordinance or other action. The petition shall contain the complete text of such proposed ordinance or other action.
Any such proposed ordinance or other action shall be submitted
to the Town Attorney for examination before being submitted to the
Town Clerk. The Town Attorney may correct the form of the ordinance
or other action for the purpose of avoiding repetitions, illegalities
and unconstitutional provisions, and to assure accuracy in its text
and references and clarity and precision in its phraseology, but not
to change its meaning or effect materially. If, however, such proposed
ordinance or other action is materially the same as a matter that
has been voted upon in a Town Meeting or by machine ballot within
the preceding three years, the Board of Selectmen, in its sole discretion,
may reject such petition and not call a Special Town Meeting.
Unless the petition has been rejected pursuant to the foregoing
provisions of this Section 3.7, the Board of Selectmen shall call
a Special Town Meeting, to be held not less than ten nor more than
thirty days after the date the petition was filed with the Town Clerk.
No Special Town Meeting need be held, however, if such ordinance has
been enacted or such action taken by the Board of Selectmen prior
to the Meeting date.
Notice of the Meeting shall be given in the manner and at the
time provided by the General Statutes for the calling of a Special
Town Meeting. The Call for such meeting shall state the proposed ordinance
or other action in full and shall provide for a "yes" or "no" vote
as to its enactment.
If at least three percent of Qualified Voters, constituting
a majority of those present and voting thereon, vote "yes," then such
ordinance or other action shall take effect on the tenth day after
the Meeting without further action of the Board of Selectmen; otherwise
it shall not take effect.
