Town of Somers, CT Board of Selectmen

The First Selectman, while serving his term of office, shall not hold any paid civil office under the government of the United States, the State of Connecticut or any subdivision thereof, except that of Notary Public.

Notwithstanding the provisions of the General Statutes, at each biennial election, each elector shall be entitled to cast votes equal to the number of seats on the Board. The members of the Board of Selectmen shall be elected in accordance with the provisions of the minority representation statutes.

§ 4-2 First Selectman.

The First Selectman shall be the Chief Executive and Administrative Officer of the town, and shall have the powers and duties of the First Selectman prescribed by the General Statutes and by this Charter. He shall be responsible to the Board of Selectmen for the administration of agencies under the direct supervision of the Board, and shall execute or cause to be executed town ordinances, and regulations or resolutions voted by the Board of Selectmen.

He shall preside over meetings of the Board of Selectmen. The Second Selectman shall preside in the absence or disability of the First Selectman, shall perform such other duties of an absent or disabled First Selectman as the Board may designate by resolution or regulation.

The salary of the First Selectman shall not be diminished during his term of office.

(d)

He shall be an ex-officio member of all Board and Commissions of the town, but such ex-officio membership shall be without vote except in the Board of Selectmen. He shall be given reasonable notice of all meetings of Boards and Commissions by their Chairmen or Secretaries, and may in writing appoint another member of the Board of Selectmen to represent him at any meeting of a Board or Commission.

§ 4-3 Board of Selectmen, general powers and procedures.

The Board of Selectmen shall generally supervise the administration of the affairs of the town, except those matters which by the General Statutes or this Charter are exclusively committed to the Board of Education or other agencies.

The Board of Selectmen shall generally be responsible for coordinating the activities of all the agencies of the town, and for keeping under review the present and future needs of the town. It may by resolution or regulation require such reports and joint meetings as may be useful to it in the performance of its duties.

A majority of the Board of Selectmen shall constitute a quorum for the transaction of any business. The Board may make regulations for the conduct of its meetings and for the execution of its duties. It shall by regulation provide for regular meetings at least once a month, and a procedure for calling special meetings. Regulations of the Board shall be filed with the Town Clerk.

§ 4-4 Powers with respect to ordinances.

The Board of Selectmen and Town Meetings, as provided in this section and in Section 7-5, shall have the legislative power to enact ordinances consistent with the General Statutes and this Charter on any matter which the General Statutes or this Charter authorize to be legislated by ordinance, and in general for the preservation of the good order, health, welfare and safety of the town and its inhabitants. Any enactment of the Board of Selectmen or of Town Meeting which provides a penalty shall be in the form of an ordinance. Enact, or enactment, as used in this section, includes the adoption, amendment, or repeal of an ordinance.

An ordinance enactment may be initiated by a member of the Board of Selectmen, or by a petition signed by at least fifty electors of the town. The Board of Selectmen shall, within thirty-five days after the ordinance enactment has been initiated hold at least one public hearing on it. Ten days' notice of the hearing shall be given by publication of a summary of the proposed ordinance in a newspaper having a general circulation in the town and by making copies of the ordinance in its entirety available at the Town Hall.

[Amended 11-7-2006, effective 12-7-2006]

After publication and hearing (or hearings as it deems necessary) the Board of Selectmen shall vote any one of the following actions:

(1)

To refer the proposed ordinance enactment, or an amended version thereof, to Town Meeting after which the Town Meeting shall proceed in accordance with Section 7-5,

(2)

By vote of a majority of the whole Board, to enact the proposed ordinance. On the advice of the Town Counsel, minor clarifying amendments may be made in the proposed ordinance without further public hearing;

(3)

By vote of a majority of the whole Board, to reject the proposed ordinance.

(d)

If the Board of Selectman votes to enact a proposed ordinance, a summary of the ordinance as enacted shall be published within ten days in a newspaper having a general circulation in the town, and the ordinance in its entirety filed with the Town Clerk, who shall record it in a book kept for that purpose. If the Board of Selectmen votes to reject the proposed ordinance, the fact of such rejection shall be similarly published and filed. An enactment may not become effective earlier than fifteen days after publication. Within fourteen days after publication of either an enactment or rejection, an application may be made to the Board of Selectmen in accordance with Section 7-1 of this Charter for a Special Town Meeting to consider the action of the Board of Selectmen. In that event, an enactment may not become effective until the Special Town Meeting has met. If the Town Meeting does not overrule the action of the Board of Selectmen, an enactment will thereafter become effective on a date specified by vote of the Board of Selectmen.

[Amended 11-7-2006, effective 12-7-2006]

(e)

On a declaration by the First Selectman that a state of public emergency exists threatening the lives, health or property of citizens, the Board of Selectmen may enact ordinances to meet such emergency without regard for the publication and hearing requirements of this section. Emergency ordinances shall be so designated. They may be made effective on such publication as the Board of Selectmen finds it feasible under the circumstances. Emergency ordinances may be overruled by Town Meeting in the same manner as other ordinance enactments of the Board of Selectmen but without a time limit on the making of application for a Special Town Meeting to overrule the enactment. They shall remain effective until overruled or until the First Selectman declares in writing that the state of public emergency has ended. On the happening of either event emergency ordinances shall no longer have any force or effect.

§ 4-5 Additional powers and duties of Selectmen.

Except for the powers committed to the Board of Education and the Board of Finance by the General Statutes and of this Charter:

(1)

To incur indebtedness in the name of the town, and to provide for the due execution of contracts and evidences of indebtedness issued by the town;

(2)

To take, purchase, lease, sell or convey real or personal property of or for the town;

(3)

To institute, prosecute, defend or compromise any legal action or proceeding by or against the town;

(4)

When empowered by ordinance, 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 the Board of Finance with respect to the town audit provided in Section 6-2. However, the Board of Education may request the Board of Selectmen to act for it in the making of such contracts and purchases; and the Board of Selectmen may by resolution or regulation delegate its powers in this Subsection (4) to any town agency.

(5)

To enter into labor contracts with any municipal employee bargaining units except employees of the Board of Education. Any such contracts shall be filed with the office of the Town Clerk within two days of ratification and execution.