Unless limited by this Charter or by the Connecticut General
Statutes, the Board of Selectmen shall by resolution or ordinance
exercise all powers conferred by Section 7-194 of the Connecticut
General Statutes (as may be amended from time to time) upon towns
and shall by ordinance or resolution, specifically have the power:
A. To regulate the manner of warning meetings of said Board of Selectmen,
and the times and places of holding its meetings, not otherwise provided
in this Charter, or required by the Connecticut General Statutes,
and to prescribe the order of business of such meeting;
B. To provide the mode of keeping the accounts of said Town, and auditing
the same;
C. To adjust claims against said Town;
D. To defend actions against said Town;
E. To prosecute in the name of said town any proper action upon any
contract or liability in which said town may be interested; and for
all fines, penalties, costs and expenses imposed by this Charter,
or by any ordinance or by-law of the town, and to enforce the collection
thereof;
F. To define the duties of all officers and employees of said Town,
when not expressly fixed and defined by the provisions of this Charter;
G. To prescribe the amount of bonds to be given by the several Town
Officers;
H. To confer upon the several Town Officers all proper authority to
enable them to execute and discharge their powers and duties;
I. To organize and regulate a volunteer fire department and to provide
for the enlistment of fire companies and for the equipment, regulation,
and control of fire companies;
J. To procure and maintain suitable and proper fire apparatus;
K. To provide hydrants at such points as they may deem expedient;
L. To provide a suitable supply of water for fire purposes;
M. To lay out, alter, establish, and make highways, streets, parks,
public grounds, walks, gutters, and to repair and keep the same open
and safe for public use and travel and free from encroachment and
obstruction;
N. To provide for and regulate public lights, lamps, and lamp posts
and the location thereof;
O. To prosecute all condemnation proceedings concerning the acquisition
of property or property rights on behalf of the Town in accordance
with the provisions of the Connecticut General Statutes; and
P. To regulate and control abandoned and unregistered boats and motor
vehicles.
In addition to the powers set forth in Section 301, the Board
of Selectmen shall have the power to enact, amend, or repeal ordinances
for the preservation of good order, peace, health and safety of the
town and its habitants, so long as such ordinances are not inconsistent
with this Charter or the General Statutes of the State; and, not limiting
the powers of the foregoing, the Board of Selectmen shall specifically
have the power to ordain the following:
A. Boards and Commissions. The Board may create or abolish
boards, commissions, departments and offices, other than those established
by this Charter.
B. Penalties. The Board may prescribe in such by-laws and
ordinances, penalties and fines for breach of the same as they may
deem proper, not exceeding $100.00 for any one offense, imprisonment
not to exceed thirty days, or both.
C. Governmental Contracts. The Board of Selectmen may,
upon recommendation of the Manager, contract for services and the
use of facilities of the United States or the State of Connecticut
for any political subdivision thereof, or may, by agreement, join
with any such political subdivisions to provide services and facilities,
in which case, departments and offices created by this Charter, the
functions of which are transferred into the terms of said contract,
or agreement may, by ordinance, be abolished.
D. Regulation of Boards. The Board of Selectmen may regulate
the internal operation of boards, commissions and officers which it
fills by appointment, the Registrars of Voters, the Town Clerk, and
the offices and employees appointed by it.
E. Charges and Fees. The Board of Selectmen may set charges
or fees to be made for services by the town, or for the execution
of powers vested in the Town as provided in this Charter.
Before the enactment, amendment or repeal of any by-law or ordinance,
the Board of Selectmen shall cause to be published on the Town's
website, a notice setting forth the subject matter of the proposed
ordinance. Said notice shall be published for at least 14 days before
the enactment, amendment, or repeal of the ordinance. The notice shall
be simultaneously filed with the Town Clerk who shall make the notice
available for public inspection. After the board has enacted, amended,
or repealed any ordinance, said ordinance shall become operative fifteen
(15) days after the entire text of the same shall have been published
on the Town's website. The notice shall be simultaneously filed
with the Town Clerk who shall make the notice available for public
inspection. Any ordinance made by the Board of Selectmen may be amended,
or repealed by them in the manner in which by-laws or ordinances are
enacted. The form of all by-laws and ordinances shall be as follows:
"Be it ordained by the Board of Selectmen of the Town of Winchester,
Connecticut".
In enforcing ordinances passed by the Board of Selectmen in
any complaint or information instituted pursuant to the provisions
of this Charter, it shall not be necessary to recite at length the
by-law or ordinance for the breach of which such complaint or information
is instituted, but it shall be a sufficient description of the offense
for such complaint or information to set forth the act complained
of and to allege the same to have been done contrary to the ordinances
of the Town of Winchester in such case provided.
A. At any time prior to the effective date of any ordinance or resolution
adopted by the Board of Selectmen, the electors of the Town shall
have the power to approve or reject such ordinance or resolution as
herein provided.
B. A petition seeking the approval or rejection of such ordinance or
resolution may be filed by an elector of the Town with the Town Clerk,
and, except as provided herein, such petition shall conform to the
requirements of Connecticut General Statutes Section 7-9, as amended.
Said petition shall contain the full text of the ordinance or resolution,
shall request the reference of such ordinance or resolution to the
electors of the Town, and shall be signed in ink or indelible pencil
by qualified electors of the Town in a number equal to five (5) percent
or more of the total number of the qualified electors of the Town
appearing on the latest effective official list of the Registrar of
Voters. Said petition shall be accompanied by affidavits signed and
sworn to by each circulator as provided for under Connecticut General
Statute Section 7-9, as amended.
The petition shall be filed with the Town Clerk, who shall within
fifteen (15) days or within such time period as may be set by the
Connecticut General Statutes determine whether the petition and the
affidavits to be sufficient by comparing the names of the electors
appearing thereon with the latest effective official list of the Registrar
of Voters. Upon the filing of such petition with the Town Clerk, the
effective date of such ordinance or resolution shall be postponed
to the certification by said Town Clerk that the petition is not sufficient
or to the certification of the results of such referendum. If the
Town Clerk determines the petition and the affidavits to be sufficient,
said Town Clerk shall so certify said petition to the Board of Selectmen
at its next regular meeting. After receipt of such certification,
the Board of Selectmen shall submit such petition to the electors
at a Special Town Meeting, which said Board must call, to be held
not less than thirty (30) days nor more than forty-five (45) days
after receipt of such certified petition by said board. A majority
vote of the electors to repeal any such ordinance or resolution shall
not become effective unless a total of at least five (5) percent of
the electors entitled to vote on the questions shall have voted.
C. When it is proposed to undertake any public work or improvement,
purchase any implement or machinery, construct any building or buildings
or appurtenances thereof, or additions thereto, or any ordinance or
resolution proposing a special appropriation, which action involves
the expenditures of any amount exceeding nine one hundredths of one
percent (0.09%) of "Total Expenditures" in the latest approved town
budget in any fiscal year and which exceeds the amount provided for
in the budget or for which an appropriation has not been included
in the budget, such expenditure shall not be made or undertaken until
the same has been submitted to the electors of the Town at Special
Town Meeting for purposes of calling a referendum. Said referendum
shall be held on a date within one (1) week of said Special Town Meeting.
Such expenditure shall not be made or undertaken until the same shall
have been approved by the electors of the Town by vote at said referendum.
D. The following ordinances and resolutions are specifically exempted
from electoral challenge as set forth in this Section: a resolution
fixing the tax rate; a resolution making an appointment or removal;
an ordinance making a special appropriation of less than nine one
hundredths of one percent (0.09%) of "Total Expenditures" in the latest
approved town budget in any fiscal year; any emergency ordinances
as defined in this Charter.
E. Form of Petition for Referendum. The form of petition
for referendum shall be as follows:
Warning: All signatures shall be in ink or indelible
pencil.
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We, the undersigned electors of the Town of Winchester, hereby
present this petition under the provisions of the Charter of the Town
of Winchester [here insert the words "requesting the repeal of',
or "requesting the approval of"] the following resolution [here insert
the text of the resolution], and we certify that we are electors of
the Town of Winchester residing at the addresses set opposite our
names and that we have not signed this petition more than once. (Here
follow the signatures and addresses.)
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Signature
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Number
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Street
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F. Form of Affidavits of Circulators to Accompany All Petitions. The affidavit of the circulators of any petition which shall accompany
such petition shall be in the following form:
_______________ County, State of Connecticut [here insert name
and residence of the circulator of the petition], being duly sworn,
depose and say that he is an elector of the Town of Winchester, and
that he is the circulator of the foregoing petition containing [here
insert the number of signatures on such petition] signatures, that
each person whose signature appears on this page signed the same in
person in my presence, that I either know each such signer or that
such signer satisfactorily identified himself or herself to me, that
they are the signatures of the persons whose names they purport to
be, and that all the signatures on said page(s) were obtained not
earlier than six (6) months prior to the filing of said petition.
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Signed
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Circulator
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Subscribed and sworn before me this __________ day of _______________,
20_____.
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Notary Public
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A. The electors of the Town, acting at a Special Town Meeting, shall
have the power to propose to the Board of Selectmen any ordinance,
except for the following: Any ordinance appointing or removing officials
or employees of the Town; specifying the compensation or hours of
work of officials or employees of the Town; adopting the annual budget;
authorizing the levy of taxes; fixing the tax rate.
Any such petition may be filed by an elector of the Town with
the Town Clerk, and, except as provided herein, such petition shall
conform to the requirements of Connecticut General Statute Section
7-9, as amended. Said petition shall contain the full text of the
ordinance proposed and shall be signed in ink or indelible pencil
by qualified electors of the Town in a number equal to two (2) percent
or more of the total number of the qualified electors of the Town
appearing on the latest effective official list of the Registrar of
Voters. Said petition shall be accompanied by affidavits signed and
sworn to by each circulator as provided for under Connecticut General
Statute Section 7-9.
The petition shall be filed with the Town Clerk, who shall,
within fifteen (15) days or within such time period as may be set
by the Connecticut General Statutes, determine whether the petition
and the affidavits are sufficient by comparing the names of the electors
appearing thereon with the latest effective official list of the Registrar
of Voters, and if they shall be sufficient he shall so certify said
petition to the Board of Selectmen at its next regular meeting. The
Board of Selectmen shall within sixty (60) days after receipt of such
certified petition either adopt the proposed ordinance after a public
hearing, or submit the same to the electors at a Special Town Meeting
to be held within ninety (90) days from the date of the Town Clerk's
certification, provided that if a General Election or Town Election
is to occur within four (4) months of such certification, the ordinance
may be submitted at such election. The ordinances shall be adopted
if a majority of those vote in favor of the ordinance and such majority
consists of four (4) percent or more of the total number of qualified
electors of the Town, as determined by the latest effective official
list of the Registrar of Voters.
B. Form of Petition For Initiative. The form of petition
for initiative shall be as follows:
Warning: All signatures shall be in ink or indelible
pencil.
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We, the undersigned electors of the Town of Winchester, hereby
present this petition under the provisions of the Charter of the Town
of Winchester initiating the following ordinance, [here insert the
text of the ordinance], and we certify that we are electors of the
Town of Winchester residing at the addresses set opposite our names
and that we have not signed this petition more than once. (Here follows
the signatures and addresses.)
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Signature
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Number
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Street
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C. Form of Affidavits of Circulators to Accompany All Petitions. The affidavit of the circulators of any petition which shall accompany
such petition shall be in the following form:
_______________ County, State of Connecticut [here insert name
and residence of the circulator of the petition], being duly sworn,
depose and say that he is an elector of the Town of Winchester, and
that he is the circulator of the foregoing petition containing [here
insert the # of signatures on such petition] signatures, that each
person whose signature appears on this page signed the same in person
in my presence, that I either know each such signer or that such signer
satisfactorily identified himself or herself to me, that they are
the signatures of the persons whose names they purport to be, and
that all the signatures on said page(s) were obtained not earlier
than six (6) months prior to the filing of said petition.
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Signed
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Circulator
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Subscribed and sworn before me this_______________ day of _______________,
20_____.
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Notary Public
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An emergency ordinance shall be only for the immediate preservation
of the public peace, health and safety, shall contain an explicit
statement of the nature of the emergency, and shall be adopted by
not less than five (5) affirmative votes of the Board, and in no event
shall the annual budget or any appropriation, except as hereinafter
provided, constitute an emergency ordinance. For the purpose of meeting
an emergency as herein defined, or to prevent the breakdown of any
essential service rendered by a department, board, commission, or
agency of the Town, the Board of Selectmen by an affirmative vote
of not less than five of its members may appropriate, notwithstanding
any other provision of this Charter, a sum not to exceed Five Hundred
Thousand Dollars ($500,000.00) in any one fiscal year. Every such
emergency ordinance including any amendments thereto, shall automatically
stand repealed at the termination of the sixty-first day following
passage of said ordinance.
Subject to the provisions of this Charter, the Board of Selectmen
shall follow Robert's Rules of Order and shall designate a parliamentarian.
A. First Meeting. The first meeting of the Board of Selectmen
shall be held at 10:00 a.m. the morning next following their election.
B. Regular Meetings. Regular meetings shall be held twice
in each month on dates to be fixed by ordinance, at which meetings
any elector, property owner, or resident of said Town may appear and
be heard as to any business of said Town.
C. Special Meetings. The First Selectman shall have the
power to call a special meeting of the Board of Selectmen at any time
and he shall call such special meeting whenever requested to do so
by two members of said Board. The call for such special meeting shall
be served upon or mailed to each member of said Board at least twenty-four
(24) hours before the hour of the meeting; but the lack of a call
or the insufficiency of the server shall not invalidate any meeting
of the Board when all members shall be present and none of them objects
to such lack of service.
D. Voting at Meetings. At any meeting of said Board, any
member may demand an "aye" and "nay" vote on any question to be voted
upon and such vote shall be recorded in the minutes of the Clerk.
E. Quorum. Four (4) members of said Board shall constitute
a quorum for the transaction of any business.
F. Adjournment. All meetings of said Board may be adjourned
from time to time as said Board may determine.
G. Clerk. The Town Clerk, in addition to powers and duties
provided in the Connecticut General Statutes, shall be the Clerk of
the Board of Selectmen. Within ten (10) days after each meeting of
the Board of Selectmen he shall prepare and have available in his
office for public inspection the minutes of any such proceedings,
including the vote of each member upon any issue before the Board
of Selectmen as required by the Connecticut General Statues. Said
minutes shall be presented to the Board of Selectmen for approval
at the next meeting of the Board of Selectmen. Within twenty-four
(24) hours following approval of the minutes by the Board of Selectmen,
the Clerk shall record said minutes in a record book and shall certify
said minutes to be a true and accurate record. Such record book shall
be available for public inspection in the office of the Town Clerk
at all reasonable times. The Board of Selectmen may furnish the Town
Clerk the necessary secretarial assistance to perform the duties prescribed
by this section and fix the compensation therefor.
The annual salary of each selectman and the mayor shall be One
Thousand Dollars ($1,000.00) and One Thousand Five Hundred Dollars
($1,500.00) respectively.
No member of the Board of Selectmen during the term of office
for which he is elected and for two (2) years thereafter, shall be
appointed to any office of profit under the government of the Town
of Winchester.
The office of any Selectman failing to attend three (3) consecutive
regular meetings shall be declared vacant unless such failure is due
to reasons of health, or for any other legitimate reasons, or unless
he shall be excused by a majority of the Board.
The Board of Selectmen may call a Special Town Meeting for purposes
of a referendum or initiative or for any purpose not inconsistent
with the provisions of this Charter.
At any town meeting, the Mayor shall preside unless a moderator
is designated by a majority vote of the Board.
At any Special Town meeting where a resolution is introduced
to authorize the issuance of any bonds or notes, the meeting shall
be adjourned after an opportunity for discussion of such resolution
to a referendum to be held on a date within one (1) week thereafter.
The referendum shall be conducted according to the provisions of Chapter
90 of the General Statutes.
The Board of Selectmen shall have the power to preserve the
peace in said town, and may suppress all tumults and riots by force
if necessary; and may at all times require, in the performance of
said duty, the aid of any sheriff, constable, or policeman, or all
of them together, or of any of the legal voters of said town, and
may call upon the Governor for the assistance of the State Militia.
In addition to the appointment of Town Manager pursuant to Section
501, the Board of Selectmen shall also appoint by an affirmative vote
of a majority of the total membership of the Board of Selectmen.
A. A Town Attorney, to be appointed within ninety (90)
days of each biennial election who shall hold office at the pleasure
of said Board. The Board of Selectmen may further appoint at any time,
one or more Special Attorneys, each to serve at the pleasure of said
Board.
B. A Park and Recreation Board consisting of nine (9) to
thirteen (13) members each to serve for a term of not more than six
(6) years. Terms shall expire in the month of April.
C. A Board of Tax Review consisting of three (3) members
each for a term of not more than three (3) years. Terms shall expire
in the month of October.
D. An Economic Development Commission consisting of seven
(7) regular members and four (4) alternate members each for a term
of not more than five (5) years. Terms shall expire in the month of
April.
E. A Zoning Board of Appeals consisting of five (5) members
and three (3) alternate members each for a term of not more than five
(5) years. Terms shall expire in the month of December.
F. Water Pollution Control Authority consisting of five
(5) members each to serve for a term of not more than five (5) years.
Terms shall expire in the month of June.
G. Inland Wetlands Commission consisting of nine (9) members
each to serve for a term of not more than three (3) years. Terms shall
expire in the month of April.
H. Winchester Housing Authority consisting of five (5)
members to serve as set forth in the Connecticut General Statutes.
Terms shall expire in the month of April.
I. Planning and Zoning Commission consisting of five (5)
members and three (3) alternate members each to serve for a term of
not more than five (5) years. Terms shall expire in the month of October.
J. A Fire Chief solely upon the recommendation of the Fire
Department, to serve a term of not more than five (5) years. Terms
shall expire in the month of September.
K. An Ethics Commission consisting of five (5) members
each to serve a term of not more than three (3) years. Terms shall
expire in January.
The Board of Selectmen shall fill any vacancy in any such office
for the unexpired portion of their term, except that the Town Manager
shall fill vacancies on the Economic Development Commission. Members
of either the Planning and Zoning Commission or the Zoning Board of
Appeals must also be an elector of the Town of Winchester. Other than
members of the Planning and Zoning Commission, the Zoning Board of
Appeals, and the Town Attorney, all appointments to offices and Commissions
under this section shall be residents of the Town.
The Board of Selectmen shall require and receive annually, plans
of action from various town boards and commissions; and shall have
general supervisory control over the coordination of action by various
commissions. The Board of Selectmen shall authorize and provide for
the training of individual members of the various town boards and
commissions in order to permit them to effectively carry out the stated
purposes of each such board or commission. The Board of Selectmen
shall appropriate sufficient funds for such training as it deems necessary.