There shall be a Town Council, consisting of nine (9) Council
members, exclusive of the Mayor.
Said Town Council members shall serve without compensation but
shall be entitled to reimbursement for reasonable actual expenses
incurred in the performance of their official duties as may from time
to time be authorized by resolution of the Town Council.
No Town Council member, during the term of office for which
he has been elected or during which he has served to fill a vacancy,
and for one (1) year thereafter, shall be eligible for employment
for compensation in any Town position or office which has been created,
established or authorized during such term of office.
With the Mayor presiding, the Town Council shall meet every
two (2) years on the first Monday in December following their election
for purposes of organization.
(a)
At the organizational meeting the Town Council shall elect, from
among their own members, a Vice-Chairman who shall be a member of
the same political party as the Mayor and who shall serve as Acting
Mayor in accordance with the provisions of Chapter 503 of this Charter.
The Mayor shall appoint a member of the Town Council, approved by
the Town Council, to serve as Parliamentarian.
(b)
At the organizational meeting of the Town Council, the Town Council
shall by resolution fix the time and place of its regular meetings
and provide a method for calling of special meetings, all to be called
and held in accordance with the provisions of Chapter 3 of the Connecticut
General Statutes. The Mayor shall file with the Town Clerk, as may
be required by Section 1-225 of the Connecticut General Statutes,
the schedule of regular meetings of the Town Council.
(c)
The Mayor shall from time to time appoint members of the Town Council
to such committees as the Town Council deems necessary.
(d)
The Mayor shall preside over all other meetings of the Town Council
and perform such other duties consistent with his office as may be
imposed by the Town Council members.
(a)
The Town Council shall appoint a qualified person who is not a member
of the Town Council to serve as recording clerk of said Council. Said
clerk shall keep a public record of all proceedings of the Town Council,
including votes and minutes of all meetings which shall be recorded
as required by Chapter 3 of the Connecticut General Statutes. The
record so kept shall be authenticated for each meeting by the signature
of either the Mayor or the Vice-Chairman of the Town Council.
(b)
In the event of the temporary absence or disability of the secretary,
the Mayor shall appoint an acting secretary to keep the record of
all proceedings of the Town Council during the period of such secretary's
absence or disability.
(a)
The Town Council shall, by resolution, determine its own rules of
procedure unless otherwise provided in this Charter.
(b)
All meetings of the Town Council for the transaction of business
shall be open to the public when in session and all regular meetings
shall afford to provide for the electors of the Town an opportunity
to address the Town Council with suggestions, petitions and complaints
in accordance with the Rules of Procedure adopted by the Town Council,
provided that to the extent permitted in Chapter 3 of the Connecticut
General Statutes, the Town Council may meet in executive session closed
to the public when so voted by two-thirds of the Town Council members
present and voting.
(c)
Five (5) members of the Town Council shall constitute a quorum; the
Mayor shall not be counted in determining whether a quorum is present.
(d)
No ordinance, except an emergency ordinance, shall be adopted or
repealed by the Town Council by fewer than five (5) affirmative votes.
Except as specifically otherwise provided in Sections 502, 503, 601,
604, 702, 806, 807, and 1107 of this Charter, any other action, including
any resolution, may be adopted by an affirmative vote of a majority
of those Council members present, provided that said Council members
present constitute a quorum.
(e)
The Town Council shall hold at least one regular meeting during each
calendar month, except that any regular meeting may be omitted by
an affirmative vote of not less than six (6) Council members, such
vote to be not later than three (3) weeks prior to the first day of
the month in which such omitted regular meeting would have been held.
The Mayor or any five (5) members of the Town Council may call
a special meeting of the Town Council in accordance with the provisions
of Chapter 3 of the Connecticut General Statutes.
(f)
The Mayor shall prepare the agenda for each regular meeting of the
Town Council and shall cause public notice of the same to be published
in such manner as the Town Council may prescribe in its Rules of Procedure.
Said agenda shall contain all items submitted to the Mayor by any
member of the Town Council or by the Mayor within the time limits
prescribed by the Rules of Procedure adopted by the Town Council,
provided that such items are submitted in writing. The agenda shall
set forth each item in full or, at the discretion of the Mayor, may
describe any such item in a brief summary. The agenda shall be delivered
by the Mayor's office to all members of the Town Council and
filed with the Town Clerk at least five (5) days prior to any regular
meeting of the Town Council.
The Town Council shall have all the powers and duties hereinafter
conferred upon said Town Council and all those powers and duties which,
on the effective date of this Charter were conferred by law upon Boards
of Selectmen, except as otherwise specifically provided in this Charter.
(a)
The Town Council shall have the power to enact, amend, or repeal
ordinances which may be introduced by any of its members or by the
Mayor, provided the same are consistent with the provisions of this
Charter, the Connecticut General Statutes, and the State and Federal
Constitutions as determined by the Town Attorney, and may recommend
to the Town Meeting the creation, consolidation or abolition of boards,
commissions, departments and administrative offices.
The Town Council is authorized, in adopting ordinances, to incorporate
any nationally recognized code, rules or regulations which have been
published, or any code officially adopted by any administrative agency
of the State, or any portion thereof, by reference thereto in such
ordinance; provided that upon adoption of any such ordinance wherein
any such code, rules or regulations or portions thereof have been
incorporated by reference, there shall be maintained two (2) copies
of such code, rules or regulations in the office of the Town Clerk
for examination by the public.
(b)
Nothing herein shall be construed to prohibit the Town Council from
appointing, by resolution, special or temporary boards, commissions
or committees as it may from time to time deem necessary and appropriate
to the operation of the Town Government. In such event said special
or temporary boards, commissions, or committees shall be deemed to
terminate one (1) year after their creation, except that the Town
Council may extend said temporary board, commission or committee prior
to its termination date, for a period not to exceed an additional
six (6) months.
(c)
The Town Council may contract for services and the use of facilities
with the United States Government or any branch thereof or any federal
agency, the State of Connecticut or any agency or political subdivisions
thereof, or may, by agreement, join with any such political subdivisions
to provide services and facilities in accordance with the applicable
provisions of the Connecticut General Statutes.
(d)
The Town Council may fix any charges to be made for services rendered
by the Town or for the execution of powers vested in the Town as provided
in Chapter I of this Charter unless otherwise prohibited by law.
(e)
If at any time during a fiscal year the Town Council shall ascertain
that the revenue from cash receipts for the year is likely to be less
than the total appropriations, it may reconsider the programs, expenditures
and allocations of departments, offices and agencies and revise the
allocations of departments, offices and agencies so as to avoid or
forestall the incurring of a deficit.
Except as otherwise specifically provided in this Charter, no
ordinance shall be acted upon by the Town Council pursuant to the
provisions of this Chapter or by the Town Meeting pursuant to the
provisions of Chapter IX of this Charter, until and unless one Public
Hearing on such ordinances shall have been held by the Town Council.
(a)
The Mayor shall draft a Notice of such Public Hearing and shall give
notice at least seven (7) days in advance of the Public Hearing and
notice shall also be given by publication in a newspaper having general
circulation in the Town, and by posting a notice in the office of
the Town Clerk at least seven (7) days in advance of the publication.
(b)
Copies of such proposed ordinances shall be made available for public
inspection at the Town Clerk's Office at least seven (7) days
in advance of said Public Hearing.
If substantive changes, as determined by the Town Attorney,
are made in any such proposed ordinance subsequent to the Public Hearing
required under the provisions of this section, a second Public Hearing
shall be held on such proposed ordinance prior to final action by
the Town Council.
(c)
The final action must be taken within forty-five (45) days after
the last Public Hearing.
Every ordinance, after passage, shall be filed by the Mayor
within five (5) days with the Town Clerk, and recorded, compiled and
published by him as required by law.
(d)
Within fifteen (15) days after recordation in the Town Clerk's
office, each ordinance or amendment so passed shall be published by
the Town Clerk once in its entirety in a newspaper having general
circulation within the Town.
(e)
Each ordinance or amendment, unless it shall specify a later date,
shall become effective on the twenty-first (21st) day after such publication
following its passage.
For the purpose of meeting a public emergency threatening the
lives, health or property of persons, emergency ordinances stating
the facts constituting such emergency shall be promulgated forthwith
by a vote of a majority of the Town Council voting and present.
No Public Hearing or notice of Public Hearing shall be required
for any public emergency ordinance.
(a)
The Mayor shall as soon as practicable but no more than five (5)
days after approval of the emergency ordinance file the ordinance
with the Town Clerk and the Town Clerk shall publish the ordinance
in a newspaper having general circulation in the Town within fifteen
(15) days after approval.
(b)
Every such emergency ordinance, including any amendments thereto,
shall be effective on passage unless otherwise provided, and shall
automatically stand repealed at the termination of the sixty-first
(61st) day following final passage of said ordinance, provided, however,
that if action has been initiated on the same subject matter providing
for a permanent ordinance under Section 406 of this Charter prior
to such sixty-first day, then such emergency ordinance shall remain
in full force and effect until final action is taken or on the permanent
ordinance, but in no event shall said emergency ordinance remain in
full force and effect for more than one-hundred-twenty (120) days
after its passage.
(c)
When terminated, the Mayor shall file a notice of termination of
an emergency ordinance with the Town Clerk and the Town Clerk shall
publish the termination notice in a newspaper having general circulation
in the Town.
The electors of the Town shall have the power to propose ordinances
provided the same are consistent with this Charter, the Connecticut
General Statutes, and the State and Federal Constitutions as determined
by the Town Attorney, or to propose the repeal of existing ordinances
in the following manner:
(a)
A petition using a form pre-approved by the Town Clerk may be filed
by any elector of the Town with the Town Clerk and, except as otherwise
provided herein, such petition shall conform to the requirement of
Chapter 90 of the Connecticut General Statutes.
(b)
The petition shall contain the full text of the ordinances proposed
or the ordinance proposed to be repealed and shall be signed in ink
or indelible pencil by at least one (1) percent of the electors of
the Town.
(c)
The petition shall be accompanied by affidavits signed and sworn
to by each circulator as provided in said Chapter 90.
(d)
The Town Clerk shall, within five (5) days after receipt of the last
page of the petition, determine whether the petition and affidavits
are sufficient as prescribed by law and if so, certify the petition
to the Town Council by delivering the certification to the Mayor who
shall present the certification to the Town Council for consideration
at the next Town Council Meeting.
(e)
If the Town Council shall fail to adopt an ordinance so proposed,
or fail to repeal an existing ordinance within sixty (60) days after
a petition making such proposal shall have been certified to the Town
Council as provided herein, the Mayor shall then call a Special Town
Meeting at which meeting all persons eligible to vote at Town Meetings
of the Town pursuant to Chapter 90 of the Connecticut General Statutes
shall be eligible to vote, to be held within thirty (30) days after
the expiration of the aforementioned sixty (60) day period.
(f)
Such proposed ordinance may be adopted or such ordinance proposed
for repeal shall be deemed repealed, upon approval by a majority of
those eligible to vote and voting thereon at such Special Town Meeting.
(g)
The Mayor shall file the newly adopted ordinance or a notice of the
repealed ordinance with the Town Clerk no later than five (5) days
after such Town Meeting action.
(h)
The ordinance or repealed ordinance shall become effective or defunct,
respectively on the twenty-first (21st) day after publication in accordance
with the provisions of Section 406 of this Chapter, provided, however,
the newly adopted ordinance or repealed ordinance shall be considered
approved or repealed upon certification of the results of the voting
thereon regardless of any defect in the petition submitted in accordance
with the provisions herein.
No ordinance which shall have been adopted or repealed by Special
Town Meeting in accordance with the provisions of this section may
be repealed, amended or re-enacted by the Town Council for a period
of twelve (12) months after its effective date.
All ordinances adopted by the Town Council pursuant to the provisions
of this Chapter, except emergency ordinances adopted in accordance
with the provisions of Section 407 of this Chapter, shall be subject
to overrule by a Special Town Meeting in the following manner:
(a)
If, within fifteen (15) days after the publication of any such ordinance,
a petition using a form pre-approved by the Town Clerk conforming
to the requirements of Chapter 90 of the Connecticut General Statutes
signed in ink or in indelible pencil by at least three (3) percent
of the electors of the Town is filed with the Town Clerk requesting
its reference to a Special Town Meeting, the effective date of such
ordinance shall be suspended.
(b)
Said petition shall be accompanied by affidavits signed and sworn
to by each circulator as provided in Chapter 90 of the Connecticut
General Statutes.
(c)
The Town Clerk shall, within five (5) days after receipt of the petition,
determine whether the petition and affidavits are sufficient as prescribed
by law and if so, certify the petition to the Town Council by delivery
to the Mayor.
(d)
If, within thirty (30) days of the certification of the petition
by the Town Clerk, the Town Council fails to repeal such ordinance,
it shall then fix the time and place of such Special Town Meeting,
at which Town Meeting all persons eligible to vote at Town Meetings
pursuant to Chapter 90 of the Connecticut General Statutes shall be
eligible to vote, which shall be held within forty-five (45) days
of the end of the period in which the Town Council have to reconsider
such ordinance, and notice thereof shall be given in the manner provided
by law for the calling of a Town Meeting.
(e)
All ordinances so referred shall take effect upon the conclusion
of such Town meeting unless a majority of those persons voting thereon
shall have voted in favor of overruling such ordinance, and in such
event said ordinance so referred shall be deemed null, void and repealed
upon the conclusion of such Town Meeting. The Mayor shall file the
results with the Town Clerk.
(f)
No ordinance which shall have been adopted or repealed by a Special
Town Meeting in accordance with the provisions of this Section shall
be overruled, amended or re-enacted by the Town Council for a period
of twelve (12) months after the effective date of such action.
No member of the Town Council (except when acting as Mayor pursuant
to Charter Section 603) or Board of Finance Member shall direct, either
publicly or privately, any administrative officer or employee as defined
by Sections 603 and 1101 of this Charter.
