[HISTORY: Adopted by the City of Norwalk Common Council 2-28-2017; amended in its entirety 5-23-2023. Subsequent
amendments noted where applicable.]
There shall be a Commission known as the "Norwalk Arts and Culture
Commission" (the "Commission"). The purpose of the Commission shall
be to serve as stewards for the City of Norwalk's public art
collection and cultural assets. The Commission shall also promote
the educational, cultural, economic, and general welfare of the public
through the marketing of arts and cultural attractions, as well as
encourage, facilitate, and cooperate with artists and artistic and
cultural enterprises and organizations for the development of the
creative, performing, and visual arts as well as cultural activities
in the City of Norwalk. The Commission shall be deemed a "cultural
district commission" for purposes of Section 10-401a of the Connecticut
General Statutes, as the same may be amended from time to time (the
"Act").
As used in this chapter, the following terms shall have the
meanings indicated:
Each area within the City of Norwalk designated by the Common
Council from time to time as a "cultural district" in accordance with
the provisions of the Act. A map of each cultural district as so designated
shall be available from the Department of Economic and Community Development
or other department designated by the Mayor.
A.
The Commission shall consist of nine regular members appointed by
the Mayor with the consent of the Common Council. All regular members
shall be electors of the City of Norwalk, and a majority of the regular
members must live or work in a cultural district.
B.
Categories for membership.
(1)
Not fewer than seven regular members of the Commission must represent
the Norwalk arts and culture community, including at least one representative
from each of the following categories:
(a)
Local cultural or arts council;
(b)
Cultural organizations (i.e., historical society, museum, ethnic
heritage organization);
(c)
Artists that live and/or work in a cultural district;
(d)
Organizations that represent artists (artist cooperative, etc.),
if applicable;
(e)
For-profit creative businesses (i.e., theater or gallery); and
(f)
Local business and/or chamber of commerce.
(2)
Any regular member of the Commission may represent more than one
of the foregoing categories.
C.
Regular members shall be designated to serve staggered three-year
terms. Any regular member may be removed by the Mayor for failure
to attend three or more meetings of the Commission, without reasonable
excuse, within a calendar year. Any vacancy for any reason in the
position of a regular member shall be filled by the Mayor with the
consent of the Common Council for the unexpired portion of the term
of the member whose place becomes vacant.
D.
The Commission may also include up to three ex officio members, appointed
by the Mayor with the consent of the Common Council. Each ex officio
member must be affiliated with a Norwalk arts and cultural organization,
but need not be an elector of the City of Norwalk. Ex officio members
may fully participate in meetings of the Commission, but without being
counted towards quorum requirements and without the right to vote.
Ex officio members shall be appointed for three-year terms. Any ex
officio member may be removed by the Mayor for the failure to attend
three or more meetings of the Commission, without reasonable excuse,
within a calendar year. Any vacancy for any reason in the position
of an ex officio member may be, but is not required to be, filled
by the Mayor, with the consent of the Common Council, for the unexpired
portion of the term of the ex officio member whose place becomes vacant.
A.
The Mayor shall appoint a Chair and Vice Chair of the Commission
who shall each serve for a term of three years or until the earlier
of their resignation, death, removal, or the expiration of their term
on the Commission. No Chair or Vice Chair shall serve more than two
consecutive terms in such position.
B.
The Chair shall be responsible for presiding over meetings of the
Commission, establishing a meeting schedule, and appointing members
to any subcommittee(s) established by the Commission. The Vice Chair
shall chair meetings in the event of absence of the Chair.
C.
The Business Development and Tourism Department, or other Department
designated by the Mayor, shall provide administrative support to the
Commission.
A.
The Commission shall have such powers and duties as may be necessary
or desirable for the purpose of carrying out the provisions of the
Act and as may otherwise be designated by the Common Council from
time to time. In furtherance of the foregoing, but not by way of limitation,
the Commission shall:
(1)
Assist the Mayor and Common Council in the determination and establishment
of cultural districts;
(2)
Prepare and maintain an inventory and asset map of the cultural and
artistic resources of the City by each subject deemed to be of significance
by the Commission; and
(3)
Develop and manage an Arts and Cultural Plan as a guiding document
for the Commission, which shall include, but not be limited to, the
following:
B.
In no event shall the acts or proposed acts of the Commission conflict
with the lawful designated duties of any other body or commission
of the City of Norwalk.
A.
The Commission shall review any proposed gift or donation to the
City of any piece of public art (as defined below) and make a recommendation
to the Mayor and Common Council as to whether such gift or donation
should be accepted or rejected and, if accepted, the proposed location
of such piece of public art in the City. Upon receipt of such recommendation,
which shall not be binding on the Mayor or Common Council, the Mayor
and Common Council shall review and make a determination as to whether
to approve such gift or donation, including the proposed location
of such gift or donation, in accordance with City and Common Council
policy and procedures.
B.
For purposes of this chapter, the term "public art" means works of
art in all artistic disciplines that are created or designed for,
built, or displayed in a community space and accessible to all (public)
for the benefit of residents and visitors. Public art may include
murals, sculptures, temporary installations, art shows, and festivals
and other types of artistic expression.
A.
There is hereby established an account known as the "Norwalk Arts
and Cultural District Account" (the "Cultural District Account").
The Cultural District Account is established under authority of the
Connecticut General Statutes for the exclusive purpose of funding
activities in a cultural district that implement or promote the purpose
of this chapter. The account shall consist of the following:
(1)
Funds attributable to sponsorships or underwriting of specific cultural
or artistic events and/or programming within a cultural district.
Such sponsorships or underwriting shall be approved in accordance
with City and Common Council policy and procedures; provided, however,
that such approval shall not be required for any individual sponsorship
or underwriting that does not exceed $20,000 in the aggregate;
(2)
Any funds from any source designated to be added to the Cultural
District Account to be used exclusively for cultural or artistic events
and/or programming within a cultural district; and
(3)
All investment income earned by the Cultural District Account.
B.
All of the moneys in the Cultural District Account shall at all times
be subject to withdrawal for use as provided in this chapter. All
or any part of the moneys in the Cultural District Account may be
invested in any manner in which public funds may be lawfully invested.
No sums contained in the Cultural District Account, including interest
and dividends earned, shall be transferred to any other account within
the City budget or used for any purpose not provided for in this chapter.
C.
Any budget proposed by the Mayor or approved by the Common Council,
and any appropriation made for the arts and cultural enrichment of
the City, shall not be reduced, ratably or otherwise, in consideration
of any moneys in the Cultural District Account. Expenditures from
the Cultural District Account shall add to and not replace budgets
and appropriations which also serve the purposes of the Cultural District
Account.
D.
The continuation of the Cultural District Account shall be perpetual
notwithstanding that from time to time said account may be unfunded.
Funds in the Cultural District Account shall not lapse at the end
of the City's fiscal year.
A.
Any funds held in the Cultural District Account pursuant to § 17A-7A(1) of this chapter shall be expended in accordance with the terms of the applicable sponsorship or underwriting. All other funds held in the Cultural District Account shall be expended in accordance with the Arts and Cultural Plan and any applicable guidelines prepared by the Business Development and Tourism Department and approved by the Common Council.
B.
No expenditure of funds from the Cultural District Account shall
be in excess of the available balance in the fund.
C.
No officer or employee of the City, or any member of their immediate family, may receive a financial benefit from or have a direct or indirect personal or financial conflict of interest in any person that receives funds from the Cultural District Account. Terms used in this subsection not otherwise defined in this chapter shall have the meanings given in § 32-3 of the Norwalk City Code, as the same may be amended.
The Chief of Economic and Community Development or their designee
shall, on an annual basis or as otherwise requested by the Common
Council, prepare and deliver a written report to the Common Council
of the amount in the Cultural District Account and deposits and expenditures
therefrom.
