The General Statutes, as amended from time to time, relating
to elections, including, without limitation, residency requirements
and nomination of candidates, are applicable to all elections held
in accordance with the provisions of this Charter.
A.
Public Notice of Elections[2]. If required by Law or otherwise deemed necessary, the
Common Council must provide by Ordinance for the manner of Public
Notice of municipal elections and such additional Regulations in respect
of elections, not inconsistent with the General Statutes or this Charter,
as may be necessary to accomplish the intent of this chapter[3]. Public Notice of the election stating the officers to
be voted for and the polling places in the several voting districts
must be published by the Town Clerk at least two weeks preceding the
election, as required by Law, including an Ordinance, and in compliance
with the Public Notice provisions of this Charter.
B.
Nominations and Elections[4]. The nomination and elections of all Federal, State and
City Elected Officials must be conducted as prescribed by the General
Statutes.
[4]
NOTE: NEW (2023). Current Article III - Part 1. In General, § 1-163, derived from Sp. Laws 1913, No. 352, § 46 is repealed, as follows: "The election of Elected Public Officials herein provided for shall be held at the polling places approved by the Common Council for the Town election". Historical Editor's Note: See § 1-180 for provision authorizing Registrars of Voters to designate polling places. Current Article IV. The Common Council. § 1-189 is repealed, as follows: "The Council has the authority: to regulate and prescribe the mode of conducting all elections not regulated by this act;; to regulate the manner of warning (or notice) city elections and meetings of the Common Council, and the times and places of holding the same; and, to provide places for holding elections in said city and in the wards thereof."
[1]
NOTE: NEW (2023).
A.
Qualified Voters Entitled to Vote: Electors[1]. Every Elector of this State and resident of this City
entitled and qualified to vote therein shall be an Elector of the
City. All the Electors who are duly registered as hereinafter provided
are entitled to vote at all elections of the City at the polling place
as may be approved by the Common Council[2].
C.
Eligibility[4]. No person shall be eligible for nomination or election
to any City office who is not an Elector[5] of the City, and, in the case of a district council representative,
a resident of that particular district. Any person ceasing to be an
Elector of the City or a resident of a district where residence in
the district is required for holding the office shall thereupon cease
to hold elected office in the City or district.
[4]
NOTE: NEW (2023). See, 2023 Recodification of current Article III - Part 2. Registrars of Voters. § 1-186. Derived from Sp. Laws 1951, No. 334, § 4. Also, 2023 recodification of current Article III - Part 2. Registrars of Voters [Editor's Note: See § 1-172 for compensation; §§ 1-179 to 1-181 for duties with respect to voting precincts and polling places; § 1-217, for powers and duties generally. See also, Ch. 9, Administration, Art. IV]; see also, § 1-183 through 1-184 (Reserved). Editor's Note: Former §§ 1-183, 1951 election, and 1-184, Term of office for Registrars of Voters, Sp. Laws 1951, No. 334, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980. NOTE: NEW (2023). Derived from current Article III - Part 2. Registrars of Voters. § 1-187. Derived from Sp. Laws 1951, No. 334, § 5, which reads, as follows: "Said Registrars shall be electors of said City and their duties shall be such as are required by statute in respect to election laws."
A.
Date of Election[1]. On the first Tuesday after the first Monday of November
in the odd-numbered years, and biennially thereafter, and in accordance
with early voting laws, as prescribed by the State, there shall be
held a municipal election for the choice of Elected Public Officials.
The Elected Public Officials shall be elected by a plurality of ballots;
unless otherwise required by Law. In the event alternate election
methods are permitted by Law, the Common Council, by Ordinance, may
alter the methodology utilized in the municipal elections.
[1]
NOTE: 2023 recodification and modification of current Article III - Part 1. In General, § 1-166. Derived from Sp. Laws 1947, No. 211, § 1; Charter Amendment 11-7-1972; Charter Amendment 8-17-1976;[1] Charter Amendment
8-29-1978. Historical editor's Note: (1) Editor's Note: Approved by
the electorate at the general election held 11-2-1978; (2) Editor's
Note: Approved by the electorate at the general election held 11-7-1978.
B.
Election of Registrar of Voters in 1952 and Thereafter[2]. On the first Tuesday after the first Monday in November 1952 and in the even-numbered years thereafter as the term of office shall fall (as set forth in § 3-3D(3)), the Electors of the City shall elect, in accordance with the provisions of General Statutes, Registrars of Voters, of whom no elector shall vote for more than one and no more than one of whom shall be a member of any one political party.
C.
Elected Public Officials. The Elected
Public Officials are:
(1)
The Mayor;
(4)
Town Clerk, ex officio Registrar of Vital Statistics;
(5)
Registrars of Voters;
(6)
City Sheriff and,
(7)
Seven Constables.
No person shall vote for more than four Constables.
Sunset Provision.
A.
Selectmen and Treasurer[3]. Three Selectmen and a Treasurer shall be Elected Public
Officials for a two-year term commencing on the second Tuesday following
their election in November 2023. The office shall be abolished at
the end of the term; or, in the event a Vacancy occurs prior to the
end of the term at the time of the Vacancy. The Selectmen and Treasurer
shall have duties and responsibilities as may be assigned; or, as
otherwise set forth in Law.
[3]
NOTE: NEW (2023). Note: Upon the conclusion of the timelines
set forth in the "Sunset Provisions," as verified in writing by the
Corporation Counsel, this section may be moved from the body of the
Charter.
B.
Remaining Elected Public Officials. The remaining Elected Public
Officials shall serve for their respective terms of office commencing
on the second Tuesday following the municipal general election of
November 2023. Their respective terms shall conclude at 11:59:59 P.M.
on the Day prior to the first business Day of January 2026. Upon the
conclusion of the events set forth in this provision, as certified
by the Corporation Counsel, these provisions may be removed from the
Charter.
D.
Term of Office.
(1)
Elected City and Town Officers: Two-year Terms[4]. With the exception of the Board of Education, all of
Elected Public Officials shall hold office for the term of two years
from the first business Day of January 2026 following their election
and until their successors are elected and have qualified. Any provisions
in the Charter which are in conflict with this change are nullified
as of 11:59:59 P.M. on the Day immediately prior to the first business
Day of January 2026.
[4]
NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-166. Derived from Sp. Laws 1947, No. 211, § 1; Charter Amendment 11-7-1972; Charter Amendment 8-17-1976 (Editor's Note: Approved by the electorate at the general election held 11-2-1976); Charter Amendment 8-29-1978 (Editor's Note: Approved by the electorate at the general election held 11-7-1078).
(2)
Board of Education: Four-year Term[5]. All members of the Board of Education shall serve for
terms of four years. Following the election of 2015, the members of
the Board of Education shall hold office for a term of four years
from the first business day of January 2026 following their election
and until their successor are elected and have qualified.
[5]
NOTE: 2023 recodification of current Article III - Part 1. In General, § 1-167 (Third Sentence). Derived from Charter Amendment 11-3-1970; effective 7-1-1971; Charter Amendment 9-12-2000. Historical editor's Note: (1) See also Art. XVIII, Part 2; (2) Approved by the electorate at the general election held 11-7-2000.
(3)
Registrars of Voters: Two-year Term[6] [7]. The terms of Registrars of Voters shall be for two years
from the first Monday of the January next succeeding their election
and until their successors shall be elected and shall have qualified,
unless sooner removed for cause as provided by Law.
[6]
NOTE: Comment of the 2023 Charter Revision Commission. The
term of office for the Registrars of Voters is different because it
is established by C.G.S. § 9-190a.
E.
Transition Period[8]. Effective on the fifth Day of November 2025, each newly
elected Mayor must be provided with furnished office space for the
period commencing on the Day following the election of the Mayor until
11:59:59 P.M. on the Day immediately prior to the first business Day
of January 2026 (and in each year thereafter when there is a newly
elected Mayor). The purpose of this provision is to best effectuate,
with the cooperation of the outgoing Mayor, the transition of the
change of executive leadership of the City government. Members-elect
of the Council and Board of Education must be provided with assistance,
including public information and training materials pertaining to
the budget process and other active legislative matters before the
Common Council or the Board of Education by the Mayor, Corporation
Counsel, Chair of the Board of Education or the President of the Council
during this transition period.
[8]
NOTE: NEW (2023).
F.
Mayor Not Succeeding to a Subsequent Term in Office. Duties, Powers
and Restrictions[9]. Notwithstanding any other provisions of this Charter, during the Transition Period as defined in § 3-3E, above, the outgoing Mayor must not appoint, hire, remove, terminate, discipline, promote, demote or transfer any officer, Division Chief, Department Head, Other Executive-Level Appointee, Board or Commission member, or employee of the City. Notwithstanding the foregoing, this provision should not be construed to stay, suspend or delay or terminate (1) any pending actions commenced at least sixty Days prior to the election; (2) any matter before a judicial or administrative tribunal; (3) any matter required by Law or a collective bargaining agreement. If required by Law or a collective bargaining agreement, the Mayor may be required to make appointments only for a temporary period ending no later than sixty Days following the commencement of the term of office of the new Mayor.
[9]
NOTE: 2023 recodification and modification of the portions of current Article V, Part 1 — General. § 1-218, which follow. Derived from Sp. Laws 1913, No. 352, § 74. Historical Editor's Note: See § 1-227 for powers and duties of appointive officers, in lieu of the following: "All officers required by law to be appointed by towns and by Selectmen of towns, not herein otherwise provided for, shall, on and after the first (1st) Monday of October, 1913, be appointed by the Mayor, subject to confirmation by the Council." The modification is in lieu of the following: (1) "Following October 1 of the year in which there is a mayoral election a Mayor shall be entitled to make appointments only for a temporary period ending no later than sixty (60) Days following the commencement of the term of office of the new Mayor. If the Mayor is re-elected this limitation shall not apply after the election. The Mayor shall have the power to initiate the removal of any appointee;" and, Following October 1 of the year in which there is a mayoral election a Mayor shall be entitled to make appointments only for a temporary period ending no later than sixty (60) Days following the commencement of the term of office of the new Mayor. If the Mayor is re-elected this limitation shall not apply after the election. The Mayor shall have power to remove any appointee, except a member of the Classified Service. The Mayor may suspend from duty for not more than thirty (30) Days any such appointee pending Final Action." This provision is also in lieu of current Article V, Part 2 - Mayor. 1-227 (Fourth sentence), Derived from Sp. Laws Sp. Laws 1947, No. 206; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978. Historical Editor's Note: Approved by the electorate at the general election held 11-7-1972, as follows: "No appointments or reappointments shall be made by any Mayor or Common Council and no vacancies shall be filled by any Mayor or Common Council after the seventh (7th) Day prior to a
municipal election and before the Day of their taking office following
the election in any municipal election year'.
A.
The Common Council.
(1)
Five Council Districts. The City is divided into five council districts. Two Councilmembers will be elected from each council district at the regular municipal election of the City to be held as set forth in § 3-3A[1].
(2)
At-Large Councilmembers[3]. The number of Councilmembers-at-Large lected from the
City must be equivalent in number to the number of council districts
as may exist, from time to time.
(3)
Periodic Revision of Common Council District Boundaries: Reapportionment.
The boundaries of each Common Council District must be revised from
time to time, as required by Law[4]. By Ordinance, the Common Council is required to designate
the council districts, by letter or number[5]. The establishment of districts by the Council must be
in conformity with the requirements of Law[6].
[4]
NOTE: NEW (2023). Comment from the 2023 Charter Revision Commission.
Decennial redistricting is required by federal and state law in order
to comply with constitutional standards and requirements of the Voting
Rights Act.
[5]
NOTE: 2023 recodification, repeal and replacement of current Article I - General. § 1-2.1 (Second sentence). Derived from Sp. Laws 1969, No. 186, No. 283, § 1; Charter Amendment 11-7-1972.
[6]
NOTE: NEW (2023).
B.
The Board of Education.
(1)
Five Board of Education Districts[7]. There are five members of the Board of Education, elected one each from each of the Common Council Districts established and revised as set forth in § 3-4A(3), above.
[7]
NOTE: 2023 recodification and modification of current Article III — Part 1. In General, § 1-167. Derived from Charter Amendment 11-3-1970; effective 7-1-1971; Charter Amendment 9-12-2000. Historical editor's Note: (1) See also Art. XVIII, Part 2; (2) Approved by the electorate at the general election held 11-7-2000. Transition Provision I: See, § 1-167. (Fourth through seventh sentences), as follows: "The five (5) members of the Board elected in the general municipal election in 1999 shall serve for a term of four (4) years. At the general municipal election to be held in 2001, four (4) members shall be elected to said Board at large. At the general municipal election to be held in 2003, five (5) members shall be elected to said Board, one (1) member to be elected from each Council district. Thereafter, alternately at each general municipal election, four or five (4 or 5) members, as the case may be, shall be elected to said Board, the four (4) members to be elected at-large and the five (5) members to be elected one from each Council district, in the manner set forth above." Transition Provision II: See, § 1-167. (Ninth sentence), as follows: "No person now serving on the Board of Education at the effective date of this section shall have his term shortened or terminated by reason of this section." Transition Provision II: See, § 1-167. (Tenth sentence), as follows: "This section shall supersede any previous or alternative version hereof, whether adopted prior to or contemporaneously herewith."
(2)
Four at-Large Members of the Board of Education. There are four elected
at-Large Members of the Board of Education.
(3)
Party Representation Pertaining to the Board of Education[8]. The maximum number of candidates who may be endorsed
by any political party and the maximum number of candidates for which
an elector may vote at the general municipal elections shall be four
in years in which four terms expire, and one per Council district
in years in which five terms expire, and the candidates receiving
the highest numbers of votes cast shall be elected.
[8]
NOTE: 2023 Recodification of current Article III — Part 1. In General, § 1-167 (Eighth sentence). Derived from Charter Amendment 11-3-1970; effective 7-1-1971; Charter Amendment 9-12-2000. Historical editor's Note: (1) See also Art. XVIII, Part 2; (2) Approved by the electorate at the general election held 11-7-2000.
C.
Other Districts[9]. The districts for the election of First, Second, Third and Sixth Taxing District Commissioners and other district officers shall be the same as the Taxing Districts as set forth in Article XII of this Charter[10].
[9]
NOTE: 2023 recodification and modification of current Article I - General. § 1-2.1. Derived from Sp. Laws 1969, No. 186, No. 283, § 1; Charter Amendment 11-7-1972.
[10]
NOTE: 2023 recodification of current Article III — Part 1. In General, § 1-165 which was a "Reserved" provision. Derived from Sp. Laws 1913, No. 352, § 48; Sp. Laws 1921, No. 400, § 1; Sp. Laws 1933, No. 363, § 5; repealed by Charter Amendment 8-29-1978. Historical editor's Note: Approved by the electorate at the general election held 11-7-1978 2023 recodification of current Article III - Part 1. In General, § 1-168 which was a "Reserved" provision. Repealed by Charter Amendment 11-3-1970; effective 7-1-1971.
Whenever at any election there shall be no election to any of
the aforesaid offices by reason of a tie vote, the election to fill
the office or offices is required to proceed in the manner set forth
in the General Statutes[2].
[2]
NOTE: 2023 repeal of current Article III — Part 1. In General, § 1-173. Derived from Sp. Laws 1913, No. 352, § 54; Sp. Laws 1921, No. 355, § 1, as follows: The provision pertaining to "Tie votes and elections" (§ 3-5) and "Council may make ordinances and fix compensation" (§ 4-4.A) ". . . . shall not take effect until they have been approved by a majority vote of the electors of said City of Norwalk, at the biennial election held the first (1st) Monday of October 1921.
If said vote shall be in favor of the approval of this act, it shall
thereupon take effect and a certificate of said vote, signed by the
Clerk of said City, shall be filed in the office of the Secretary
of State." The following clause was repealed, since it was redundant:
"Provided, if a vacancy occurs in the office of Councilmember, the
vacancy shall be filled by the town and City committee of the political
party to which the Councilmember whose office has become vacant had
been a registered member at the time of election and provided the
manner of filling vacancies as described herein shall not apply to
vacancies occurring in the Board of Education."
A.
Elected Officials Other Than Mayor[2]. Whenever any Elected Public Official, for any reason,
fails to qualify or a Vacancy occurs, the Common Council must, having
been called together for the purpose by the Town Clerk, upon one weeks'
Public Notice, declare the office in question vacant and forthwith
is required to fill the Vacancy as provided in this Article, following
the posting of Public Notice.
[2]
NOTE: Title added 2023.
B.
Filling of Vacancies[3]. Unless otherwise set forth by Law, including the provisions
of this Charter, vacancies in elected Public Officials must be conducted,
as follows:
(1)
Office of Mayor: Succession[4]. Whenever a Vacancy occurs in the Office of the Mayor,
the President of the Council will succeed to the Office of the Mayor
for a period of time, until a successor is elected and qualified following
the next biennial election for the remainder of the term.
[4]
NOTE: Title added 2023.
(2)
Office of the Common Council[5]. Whenever a Vacancy occurs in the membership of the Common
Council, it must be filled by the town committee of the political
party of which the Councilmember whose office has become vacant had
been a registered member at the time of the election and, if a district
representative, the successor must be a resident of the district from
which the former incumbent of the office was chosen.
[5]
NOTE: Title added 2023.
(3)
Board of Education[6]. Whenever a Vacancy occurs in the membership of the Board,
the Vacancy must be filled by the town committee of the political
party of which the Board of Education member whose office has become
vacant had been a registered member at the time of the election and,
if a district representative, the successor must be a resident of
the district from which the former incumbent of the office was chosen.
(a)
During the First Sixteen Months. If the Vacancy occurs during
the first sixteen months of any four-year term of office, the person
so chosen shall serve until the next municipal election following
the person's appointment. At the municipal election, such Vacancy
must be filled by election in accordance with the general statutes,
and the member so elected shall serve for the final two years of the
term.
(b)
Following the First Sixteen Months. If the Vacancy occurs after
the first sixteen months of any four-year term of office, the person
so chosen shall serve until the completion of the four-year term.
(c)
The Role of the Council. The Common Council shall not have the
power to fill any Vacancy in the Board of Education.
In every case, except the office of Mayor and where there is
an election to fill a Vacancy, the Vacancy must be filled by an elector
of the same political party from which the former incumbent was chosen.
[3]
NOTE: Title added 2023.
C.
Powers, Duties and Term of Replacement Public Official[7]. The person chosen to fill a Vacancy in accordance with
the provisions of this Charter shall have all the powers and duties
of the former incumbent of the vacant office and shall continue therein
until the expiration of the term for which the incumbent was elected
and until a successor is duly elected and qualified
[7]
NOTE: Title added 2023.
[1]
NOTE: 2023 recodification and amendment of current Article III — Part 1. In General, § 1-174. Derived from Sp. Laws 1913, No. 352, § 55; Sp. Laws 1915, No. 367, § 2; Sp. Laws 1921, No. 334, § 3; Sp. Laws 1969, No. 186, No. 283, § 3; Charter Amendment 11-7-1972; Charter Amendment 8-29-1978. Historical Editor's Note: (1) This § 1-174 was amended pursuant to the court decision in the First Taxing District et al v. City of Norwalk case; and, (2) Editor's Note: Approved by the electorate at the general election held 11-7-1978. The following language was eliminated from the provision; however, is a general statement of law that remains applicable: "The provisions of § 9-221 of the General Statutes shall apply to the filling of vacancies occurring during the periods specified in the statute; provided, however, that nothing herein contained shall supersede the application of § 9-167a of the Connecticut General Statutes."
In the event that the Mayor is temporarily absent or disabled
and is, because of the absence or disability, unable to the perform
the duties of the Mayor's office, the Council President, or in the
President's absence or disability, the Council must designate a member
who, shall exercise the authority and powers of the Mayor, except
that until such absence or disability of the Mayor has continued for
thirty Days, the acting Mayor will not have the authority to appoint
or remove officers or employees. The compensation for the acting Mayor
must be determined by the Council but shall in no event exceed in
proportion the salary of the Mayor. The Council is required to provide,
by Ordinance, a procedure for determining the absence or disability
of the Mayor.
A.
Notification by the Mayor[2]. In the event that the Mayor notifies the President of
the Council of an inability to attend to the duties of office due
to
(1)
temporary absence from the City where the Mayor cannot comply with the contact requirement, set forth in § 3-7D, below or
(2)
temporary disability or sickness or other cause
the President of the Council, or, in the President's absence
or disability, the member as the Council is required to designate,
shall exercise the authority and power of the Mayor ("Acting Mayor"),
except that until the absence or disability of the Mayor has continued
for thirty Days, the Acting Mayor shall not have the authority to
appoint or remove officers or employees.
[2]
NOTE: 2022 recodification and modification of current Chapter
V, Sec. 4 (first sentence) derived from the election of 11-5-02.
B.
Action by the Council: Evidential Determination. In the event the Mayor fails to notify the President of the Council pursuant to § 3-7A, above, the Council may initiate proceedings to determine the Mayor's inability to attend to or perform the duties of office due to a temporary absence from the City, by reason of temporary disability or illness, or other cause, at the call of the President of the Council or upon a petition filed by ten members of the Council, at a regular or special meeting called in accordance with Public Notice for that purpose. The Council determination of the temporary disability or absence of the Mayor must be approved by the affirmative vote of twelve members of the Common Council, in accordance with the following findings.
(1)
In the event of an alleged temporary disability or illness, the Council
must cause the Mayor to submit to examination by two physicians licensed
to practice medicine in the State of Connecticut who is required to
submit written reports to the Council as to the ability of the Mayor
to carry out the duties of the Office of Mayor.
(2)
If the examination substantiates the Mayor's inability to carry out
the duties of the Office of Mayor, the Council must consider the findings
and act accordingly. In the event the Mayor fails to submit the examinations,
the Council, in consultation with the Corporation Counsel or in the
event of a conflict, independent counsel, is required to act upon
the best evidence as presented by competent authority.
(3)
In the event of temporary absence, the Council actions must be based
upon the best evidence as presented by competent authority.
(4)
In all cases, these procedures may be further set forth by Ordinance
or the Rules of the Council, in order to ensure procedural fairness
and privacy concerns, taking into account the best interests of the
City and the requirements of Law.
In the event the Council determines that a temporary disability or absence exists, the Town Clerk must declare a temporary Vacancy and the President of the Council is then required to exercise the authority and powers of Acting Mayor as set forth in § 3-6B(1) of the Charter, above.
C.
Termination of the Temporary Vacancy. Termination of the temporary
Vacancy due to absence shall be upon the Mayor's notification of a
return to office to the President of the Council. With respect to
temporary disability or illness, the termination of the temporary
Vacancy by change of condition must be confirmed by two physicians
licensed to practice medicine in the State of Connecticut that the
Mayor is physically and/or mentally able to carry out the duties of
the Office of Mayor. Upon the filing of the reports to the Town Clerk,
the Clerk must notify the President and members of the Common Council
of the Mayor's ability to resume office.
D.
Absence. Defined. In the event the Mayor is not able to be or remain in contact with the Chief of Staff, as set forth in § 5-5A and § 8-2A(1)(a), and President of the Council by electronic or voice communications, the Mayor shall be deemed to be absent.
E.
Procedural Ordinance: Sustained Absence. The Council must define,
by Ordinance, a procedure for determining the existence of a sustained
absence or disability, consistent with the standard set forth herein.
The Ordinance must define the term "sustained absence" for the purposes
of initiating a removal proceeding where there is a determination
of incapacity to discharge the duties of office.
F.
Compensation. Upon serving for thirty Days as Acting Mayor, the compensation
for serving as Acting Mayor must be tendered in an amount equal to
a diem rate calculated on the basis of the Mayor's salary as set forth
in the budget in effect at the time of the Acting Mayor's service.
G.
Status of the Council President. There is no Vacancy in the Office
of the President of the Council when the President serves as Acting
Mayor under this provision of the Charter.
[1]
NOTE: NEW (2023).
Any Councilmember who, while holding office, is found, after
a public hearing, to have directly or indirectly taken or bargained
for any fee or pecuniary consideration to influence a vote or action
upon any Resolution or Ordinance pending in the Common Council, shall
be ordered to pay to the City a penalty equal to the fee or pecuniary
consideration received or bargained for, and shall, upon a two-thirds
vote of the entire membership of the Council, be expelled from office."
A.
Commencement of Removal Proceedings[1]. At any meeting of the Council any member may commence
a removal proceeding by giving written Public Notice, seconded in
writing by a majority of the entire membership of the Common Council,
stating the member's intention to propose at the next meeting a Resolution
removing the Mayor from office for (1) official misconduct, (2) neglect
of duty, (3) those circumstances set forth in § 2-2B(39)(d),
(e) or (f) or other permitted by Law or (4) such other grounds as
may be established by Ordinance.
B.
Content of Public Notice[2]. The Public Notice is required to specify particularly
the acts of misconduct or the neglect of duty complained of and must
be entered in the records of the Council, and the City Clerk is required
to serve a copy thereof upon the Mayor, mail a copy to each member
of the Council and file a copy with the Town Clerk.
C.
Right to Be Heard[3]. At the next meeting of the Council the Mayor must have
the right to be heard and present witnesses. The meeting may be adjourned
from time to time as the Council may direct.
D.
Council Action[4]. A roll call vote on the Resolution is required. If the
resolution fails to receive an affirmative vote of two-thirds of the
entire membership of the Council, if shall have no effect. If it receives
the affirmative vote of two-thirds of the entire membership of the
Council, the resolution shall become operative upon the service of
a copy thereof upon the Mayor personally or by leaving the same at
the Mayor's residence, and the office of Mayor must be deemed vacant.
Except as otherwise provided in this Charter, any Appointed
Public Official or employee may be removed for malfeasance in office,
neglect of duty or other just cause by the Appointing Authority in
accordance with the procedure set out herein.
A.
Notification[2]. The Mayor or other Appointing Authority as set forth
in this Charter or the Ordinances is required to notify, in writing,
the affected official or employee of the removal and of the reasons
justifying the removal from office or employment.
B.
Removal and Cessation of Salary[3]. An official or employee removed as aforesaid by the Mayor
or other Appointing Authority as set forth in this Charter or the
Ordinances must cease to discharge the functions of office and shall
not receive any salary therefor unless reinstated on appeal.
C.
Failure to File Appeal[4]. Thereupon, unless the affected official or employee files,
in writing with the City Clerk, a request for a hearing before the
Common Council within seven Days, the removal shall be final.
D.
Filing of Appeal[5]. In the event a request for a hearing is filed as aforesaid,
the Common Council is required to hear the appeal within thirty Days
of the filing thereof.
E.
Additional Reasons for Removal[6]. The Mayor or other Appointing Authority as set forth
in this Charter or the Ordinances may specify additional reasons justifying
the removal, but the additional reasons must be filed not later than
two weeks prior to a hearing before the Common Council.
F.
Right to Hearing Postponement[7]. The affected officer or employee shall have the right
to be granted two postponements of the hearing, not in excess of one
week each, by filing a request therefor with the City Clerk not later
than twenty-four hours prior to the time appointed for the hearing.
G.
Right to Counsel and Presentation of Witnesses: Executive Session.
At the hearing the affected officer or employee shall have the right
to (1) be represented by counsel; (2) present witnesses; and (3) cross-examine
any witnesses[8]. At the request of the affected officer or employee, the
hearing shall be held in executive session (unless not permitted by
Law); otherwise, the hearing shall be public[9].
H.
Common Council Decision[10]. The decision of the Common Council must be rendered not
later than two weeks after the conclusion of the hearing.
I.
Appeal of Council Decision[11]. Any officer or employee whose dismissal has been confirmed
by the Common Council after hearing as provided by this section may
appeal from the order of dismissal to any Judge of the Superior Court.
(a)
Service and Return Date. The appeal shall be made returnable not
less than three nor more than six Days from the date of the confirmation
of the dismissal by the Common Council and shall be served upon the
City Clerk at least two Days before the time fixed for the hearing
of the appeal.
(b)
De Novo Hearing. The Judge, having given such further notice as may
be deemed necessary, shall forthwith hear such case de novo and must
dismiss or retain such appellant as deemed proper and may award costs,
all in the discretion of the Judge.
J.
Reinstatement by Judge[12]. If the appellant is reinstated by the Judge, the appellant
may be paid from the date of dismissal until restored to duty as decided
by the Judge, in the discretion of the court.
K.
Effect of this Section on Collective Bargaining Employees[13]. Nothing contained herein providing for appeals shall
be deemed applicable to employees who are members of bargaining units
that are covered by the provisions of an applicable collective bargaining
agreement addressing termination, removal or dismissal issues.
M.
Town Clerk, Chief of Police, Fire Chief, Fire Marshal, Building Officials
and Other Officials Designated for Protection by the General Statutes[15]. The applicable provisions of the General Statutes must
be taken into consideration with regard to the removal proceedings
of the Town Clerk, Chief of Police, Fire Chief, Fire Marshal, Building
Official and any other Officials designated for protection by the
General Statutes.
[15]
NOTE: NEW (2023).
The Council may enact an Ordinance to provide for the removal
of any other Public Official for cause whose removal is not otherwise
provided for by this Charter.
All Elected Public Officials shall be sworn or affirmed to the
faithful discharge of their duties. The following oath shall be administered:
"You _____________ having been elected _____________ of the City of
Norwalk do solemnly swear (or affirm) that you will faithfully discharge
the duties of the office, according to law." The oath may be administered
by any duly constituted authority, or the Mayor may administer the
same.
