The powers which are conferred and the duties imposed upon any
commission, board, department or office under the General Statutes
or any ordinance or regulation in force at the time this Charter shall
take effect shall continue in full force and effect, except as they
may conflict with this Charter.
If any commission, board, department or office is abolished
by the adoption of this Charter or superseded by the creation of a
new commission, board, department or office to which are granted similar
powers and jurisdiction, such powers and jurisdiction shall thereafter
be exercised by the commission, board, department or office upon which
are imposed like powers, function, and duties.
Any commission, board or office abolished by the adoption of
this Charter, whether elective or appointive, shall continue to perform
its duties until provision has been made for the discontinuance of
such commission, board or office and the performance of its duties
by a successor as provided by this Charter. The Town Clerk shall notify
the members of any abolished commission, board or office that their
successors have qualified and that such commission, board or office
is abolished.
All records, property and equipment whatsoever of any commission,
board or office or part thereof, all of the powers and duties of which
are assigned to any other commission, board or office by this Charter,
shall be transferred and delivered without delay to the commission,
board or office to which such power and duties are assigned. If part
of the powers and duties of any commission, board or offices are by
this Charter assigned to another commission, board or office, all
records, property and equipment relating exclusively thereto shall
be transferred and delivered intact without delay to the commission,
board or office to which such powers and duties are assigned.
All employees of the Town on the effective date of this Charter
whose positions are not abolished by the adoption of this Charter
shall retain their respective positions. Any provision of law in force
at the time this Charter is adopted in relation to personnel, appointment,
ranks, grades of pay, tenure of office, promotions, removals, pension
and retirement benefits or privileges of employment of the Town or
any office or agency thereof, shall continue in effect, until or unless
amended or repealed in accordance with provisions of this Charter.
Any person holding an administrative office or classified position
as defined in this Charter on its effective date, shall be retained
without preliminary or performance test but shall otherwise be subject
to all provisions of this Charter.
No action or proceeding, civil or criminal, pending on the effective
date of this Charter brought by or against the Town or any board,
agency, commission or office thereof, shall be affected or abated
by the adoption of this Charter, or by anything contained herein.
All such actions or proceedings may be continued even though
the functions, powers and duties of any such board which may have
been a party to any action may be assigned or transferred to another
board by this Charter.
The Town Council shall enact an Ethics Ordinance which, among
other things, shall define and regulate conflict of interest on the
part of any elected or appointed officer of the Town, member of any
Town of Windham Board or any Town employee, and be implemented and
administered by the Ethics Commission required by Chapter VII-9 of
this Charter.
The Town Clerk and Treasurer, Collector of Revenue and such
other official and employees as may be required to do so by the of
Town Council shall, before entering on their respective official duties,
execute to the Town in the form prescribed by the Town Attorney and
filed with the Town Clerk a surety company bond in a penal sum to
be fixed by the Town Council conditioned upon honesty and/or faithful
performance of their official duties.
The Town Council, if it deems it to be in the best interest
of the Town, may prescribe a name schedule bond, schedule position
bond or blanket bond and may prescribe which departments, offices,
agencies, boards or commissions shall be covered by a specific type
of the aforementioned bonds. Premiums for such bonds shall be paid
by the Town.
All general laws of the State of Connecticut applicable to the
Town of Windham shall remain in full force and effect, except insofar
as they are inconsistent with the provisions of this Charter. All
ordinances and bylaws of the Town in force on the effective date of
this Charter shall continue in full force and effect, except insofar
as they are inconsistent with the provisions of this Charter, or until
amended or repealed by the Town Council.
All special acts of the State of Connecticut relating to the
Town of Windham which are not inconsistent with the provisions of
this Charter are retained.
It is the policy of the Town of Windham that the power of eminent
domain shall only be used to take property for municipal improvements
or other public works and that it shall not be used for projects undertaken
for purposes of economic development.
If any part of this Charter shall be held invalid by a court
of competent jurisdiction, such holding shall not affect the remainder
of this Charter nor the context in which said section or part thereof
so held invalid may appear, except to the extent that an entire section
or part of a section may be inseparable and effect with the section
or part of the section to which such ruling shall directly apply.
When the context so requires, the singular shall include the
plural and the plural the singular.
This Charter may be amended in the manner prescribed by the
HOME RULE ACT, specifically sections 7-187 to 7-194 of the General
Statutes, as amended.
A mandatory review of the Charter shall be undertaken at five-year
intervals by the Town Council, which, if it deems further revisions
appropriate, shall appoint a Charter Revision Commission in accordance
with the provisions of the Home Rule Act. The five-year period shall
be calculated from the date of submission of the prior Commission's
final report to the Town Clerk.
This Charter shall become effective upon the first day of July
following approval of a majority of the electors voting thereon at
a regular election to be held on November 3, 2020, or otherwise in
accordance with the provisions of Chapter 99 of the General Statutes,
as amended. If approved as set forth above on November 3, 2020, all
Town election requirements revised in Article IV-3 ("Elective Officials")
of this Charter plus applicable changes in all Articles interconnected
to Article IV-3, including Articles III-3 ("Minority Party Representation"),
III-4 ("Eligibility"), V-2 ("The Mayor"), and V-11 ("Reapportionment"),
as revised, shall be fully effective and implemented no later than
the biennial Town election of November 7, 2023. Any activity required
to be accomplished before July 1, 2021 by the official November 2,
2021 Election Calendar published by the Office of the Secretary of
the State to prepare for the biennial Town election of November 2,
2021 shall be done even if it is calendared to occur before the basic
July 1, 2021 effective date of this Charter.