A.
The General Grant of Authority. The legislative power and authority
of the City are vested in the Common Council. No enumeration of powers
set forth in this Charter shall be deemed to limit the legislative
authority of the Council as provided for in the General Statutes.
B.
Repealed Special Act Provisions. The Charter that was in effect until the effective date of this Charter contained an enumeration of seventy-six powers, more or less, in § 1-189 of the Prior Charter. The historical enumeration is replaced by the general grant of authority under § 4-1A, above; the provisions pertaining to additional authority and powers of the Council as set forth in § 4-4; the General Statutes; and, as otherwise authorized by Law. This Charter also retains many of the Special Acts that formed the foundation of the governance of this City.
[1]
NOTE: NEW (2023).
A.
Presiding Officer, Clerk, and President of the Council: Tie Vote.
(1)
Role of the Mayor: Tie Vote[1]. The Mayor may preside at the meetings of the Council,
and may vote only in case of a tie.
(3)
President of the Common Council[3]. At the beginning of each municipal term, the Council
must elect from its members a President, for a term as may be established
by the rules of the Council. The President must preside at meetings
of the Council in the absence of the Mayor.
A.
B.
First Meeting of the Council[5]. Following the election of November 2025, the Mayor and
Council are required to meet on the second Tuesday in January, following
the election of the Council, for the purpose of making and confirming
appointments.
[5]
NOTE: 2023 recodification and revision of current Article IV. The Common Council. § 1-196 (First sentence). Derived from Sp. Laws 1913, No. 352, § 85; Charter Amendment 9-2-1980. Historical editor's Note: Approved by the electorate at the general election held 11-4-1980; See also, § 1-198 (First sentence), as follows: "The first meeting of each newly elected Common Council shall be held on the second Tuesday following each town and city election in the Town and City of Norwalk." Derived from Sp. Laws 1947, No. 211, § 3; Charter Amendment 8-29-1978. Historical Editor's Note: Approved by the electorate at the general election held 11-7-1978.
C.
Subsequent Meetings of the Council: Regular Meetings[6]. Thereafter, the Common Council must hold at least one
regular meeting each month on a date established by Resolution of
the Council and such additional regular meetings as it shall, by Resolution,
determine. The minutes and records of regular meetings must be filed
in a timely manner as required by Law.
D.
Special Meetings[7]. The Council may be specially convened at any time by
the Mayor or Council President on notice of at least twenty-four hours.
Regular Council meetings must be held at the times fixed by the Council.
E.
Public Meetings[8]. The Council meetings must be open to the public and the
record of its proceedings must be available for public inspection[9].
[9]
NOTE: 2023 repeal of current Article IV. The Common Council. § 1-199 (Tenth sentence). Derived from Sp. Laws 1913, No. 352, § 87; Sp. Laws 1921, No. 400, § 5. Historical Editor's Note: See also Art. V, Part 2; and Ch. 9, Administration, Art. II. The following was repealed: "the Council may elect, appoint or discharge any officer, except the Mayor, in executive session, but no business other than that relating to appointments or removals from office shall be considered in executive session."
A.
The Source of Legislative Authority[1]. The Common Council shall have the authority to take such
actions as may be (1) necessarily or fairly implied in or incident
to the powers expressly granted by Law, including, but not limited
to the General Statutes and Special Acts and (2) necessary to enable
it to discharge the duties and carry into effect the declared objectives
and purposes of the City.
[1]
NOTE: NEW (2023).
B.
Legislative Actions[2]. By a Majority Vote of the Council unless otherwise set forth herein, subject to action by the Mayor as set forth in § 4-8D(1), the Council is authorized, in accordance with the general grant of authority to take the following legislative actions:
(1)
Enact, amend, alter, repeal and establish enforcement protocols for
all Ordinances, Resolutions (including those required by the General
Statutes) or other legislative actions pertaining to the governance
of the City and the management of its business and to implement all
of the powers set forth in this Charter and within the scope of municipal
authority under Law, as set forth above, including but not limited
to the municipal powers[3] and other statutory authority as may be amended from time-to-time[4].
[3]
NOTE: Drafting Note Pertaining to the Municipal Powers Act. The following provisions of the current Charter are repealed because they are unnecessary due to the enactment of the Home Rule Act, including the provisions of the Municipal Powers Act: (a) finances and appropriations, including regulation of the mode of assessment and collection of taxes, authorized by C.G.S. § 7-148(c)(2); (b) the acquisition, management and disposition of real and personal property authorized by C.G.S. § 7-148(c)(3), in lieu of the current Charter language ""to manage and control the finances and property, real and personal, of the city" and "to regulate the sale, conveyance and transfer of city property;" (c) provision and management of public services, including, but not limited to police as authorized by C.G.S. § 7-148(c)(1), in lien of the current Charter language ""to regulate and prescribe the duties of the police force in respect to criminal matters within said district; to establish and maintain suitable prisons or lockups within the limits of said city for confinement of all persons arrested, and such prisons shall be under such rules and regulations as the Council shall ordain;" (d) fire as authorized by C.G.S. § 7-148(c)(4)(A) and (B), in lieu of the current language ""to erect and keep in repair all buildings necessary for the Fire Departments of the city" and to establish fire limits;" (e) entertainment and cultural activities as authorized by C.G.S. § 7-148(c)(4(C) in lieu of current language "to regulate parades, processions, public assemblages, shows, and music in the public streets;" and, "to license and regulate sports, exhibitions, public amusements, and billiard and bowling rooms;" (f) public works, sewers, drainage as authorized by C.G.S. § 7-148(c(4)(H) and (6) in lieu of current language "to prohibit the depositing of any filth, garbage, or rubbish in any stream or on any highway or public or private grounds;" "to provide for public lighting of streets and to protect the same from injury;" and, "to sprinkle the streets of the city with water, oil, or other substance at the expense of the city, or by assessment as hereinafter provided;" (g) public utilities authorized by C.G.S. § 7-148(c)(6)(b) in lieu of current language "to provide for public lighting of streets and to protect the same from injury; and "to regulate the erection and maintenance of lamp posts, telegraph, telephone, and electric light poles and conduits, wires, and fixtures;" (h) highways and streets authorized by C.G.S. § 7-148(c)(6)(C) in lieu of current language "to regulate the width of all highways, streets, sidewalks, and gutters; to regulate excavations in streets, highways, and public grounds and the location of any work thereon, or the depositing of building materials on any sidewalk or highway, or the removal of buildings upon or through the same; to prohibit, regulate, or license the selling of wares and merchandise upon said streets, sidewalks, or public places;" "to regulate the laying of conduits, gas pipes, water pipes, and drains in the streets and highways;" "to regulate the planting, removal, care and preservation of trees in the public streets and parks; to prohibit the sale of newspapers upon the streets;" "to make, repair, clean, light, and keep open and safe for public use and travel, and free from encroachment and obstruction, the streets, highways, sidewalks, gutters, and public grounds (Editor's Note: See Art. XV, Streets, Sidewalks and Building Lines; Ch. 101, Streets and Sidewalks);" "to license and regulate public hacks, automobiles, and carriages, and the charges of hackmen, chauffeurs, public drivers, carmen and truckmen;" "to regulate the naming of public streets, the numbering of lots thereon, and the erection of banners or flags;" and, "to regulate coasting, sliding, and use of velocipedes, bicycles, and tricycles on the sidewalks;" (i) regulatory and police powers pertaining to buildings and adjuncts thereto authorized by C.G.S. § 7-148(c)(7) and C.G.S. § 7-148(c)(7)(A) and (C) in lieu of current language "to enforce the disuse, removal, or demolition of any such building or part thereof which may become unsafe"; "to provide safe and convenient means of egress in case of emergency from any building used by the public, and to prohibit the use of any building which may become unsafe by reason of insufficient facilities for egress or other causes;" "to regulate the use and occupation of all the city buildings;" "to regulate the mode of building, and determine materials to be used for building or altering of buildings"; "to grant permits for the moving, erection, addition to, repair, and enlargement of buildings; to regulate the heating of buildings, and cleaning of chimneys;" "to establish districts of said city within which it shall be unlawful to erect, elevate, enlarge, repair, or remove any wooden building, except by permission of said Council or a committee thereof;" "to regulate the erection, construction, repair, or use within said city of any building which by reason of its structure is or may become unsafe"; and, "to regulate or prohibit the placing of signs or awnings over sidewalks." (j) traffic as authorized by C.G.S. § 7-148(c)(7)(B) in lieu of current language ""to regulate the speed of animals, vehicles, and cars in the streets." (k) public health and safety as authorized by C.G.S. § 7-148(c)(7)(H) in lieu of current language "1) "to provide for raising, filling, and draining low lands and places in which mosquitoes breed, and the widening, deepening, or straightening of any streams within said city;" (2) "to provide for the health of the city; to prevent and abate every kind of nuisance;" (3) "to regulate the location, construction, and use of sinks, cesspools, pigpens, drains, sewers, and privies;" (4) "to compel the removal of nuisances injurious to health, or offensive or annoying to the public at the expense of the owners of the premises upon which said nuisances exist;" (5) "to regulate the moving of any manure, swill, night soil, or dead animals;" (6) "to regulate the carrying on of any trade, manufacture, or business prejudicial to public health or unreasonably annoying to those living or owning property within the vicinity;" (7) "to provide for the inspection of meat, vegetables, fish, produce, fruits, milk, and food of any kind exposed for sale in said city, and to prohibit the sale thereof when in such condition as to endanger public health;" and, (8) "to compel the closing of saloons and other places where spirituous and intoxicating liquors are kept and sold at such suitable hours during the night season as said Council may designate, and at such times and on such occasions as may be required by the public good; (9) "to license and regulate peddling and auctions upon the streets and sidewalks;" (10) "to preserve and care for public burial grounds and regulate the burial of the dead;" and, (11) "to regulate bathing in places exposed to public view." (i) animals as authorized by C.G.S. § 7-148(c)(7)(D) in lieu of current language "(1) "to prevent cruelty to animals and inhuman sports;" and, (2) "to regulate or prohibit the running at large of all animals in said city." (m) nuisance, loitering, trespassing and vice as authorized by C.G.S. § 7-148(c)(7)(E), (F), and (G) in lieu of current language: "to compel the owners or occupants of land and buildings to remove the snow and ice from the sidewalks in front of such land and buildings;" "to regulate the blowing of whistles and horns, and the ringing of bells;" "to prevent persons loitering on the streets, sidewalks and spaces between sidewalks and buildings, and in and about the entrance of buildings to the hindrance or annoyance of the public;" and "to preserve order, to prevent and quell riots and disorderly assemblages, to suppress gambling houses, houses of ill-fame and disorderly houses." (n) human rights, including fair housing; prohibited discriminatory practices as authorized by C.G.S. § 7-148(c)(9)(A) and C.G.S. § 7-148(c)(9)(B) in lieu of current language ""exercise the power to make, alter and repeal ordinances and bylaws relative to the care and support of the poor." (o) establishment of fees, fines, forfeitures, penalties and enforcement protocols as authorized by C.G.S. § 7-148(c)(10)(A) and C.G.S. § 7-148(c)(8) in lieu of current § 1-191. Derived from Sp. Laws of 1913, No. 352, § 81 and language ""to prescribe fines" and "penalties, and forfeitures for the violation of any ordinances, which penalties and forfeitures may be recovered by the Corporation Counsel in an action brought for that purpose in the name of the city before the town court or any other court having jurisdiction for the use of said city." In addition, the Municipal Powers Act includes items that are not in the current charter or recited elsewhere, such as corporate powers (C.G.S. § 7-148(c)(1)); personnel, (C.G.S. § 7-148(c)(5)) environmental protection and regulations (C.G.S. § 7-148(c)(8)); adoption of a code of ethical conduct; (j) establishing and maintain free legal aid bureaus (C.G.S. § 7-148(c)(10)(C)); performing fee-based data processing and related administrative computer services to another municipality (C.G.S. § 7-148(c)(10)(D)); freedom of information ordinance and board (C.G.S. § 7-148(c)(10)(E)); and, provides for due execution of contract and evidence of indebtedness of the City. (C.G.S. § 7-148(c)(10)(F)).
(2)
(a) Adopt the Operating and Capital Budgets, as provided in Article X of the Charter; (b) approve agreements, settlements and transactions creating a present or future obligation longer than twelve months in duration or a payment in excess of one hundred thousand ($100,000) dollars or the authorized limit otherwise established by Ordinance; (c) authorize the issuance of debt as provided for under Law and in Article X[5]; and (d) engage in legislative oversight and review of
the operations of government, including financial matters[6];
(3)
Create, merge, consolidate or eliminate (a) Divisions or Departments, unless otherwise required by this Charter, upon the request of the Mayor, as set forth in § 4-5 and § 8-1C and D[7]. The powers of the Council shall apply to all Departments,
including but not limited to all Departments in existence at the original
effective date of this section, whether established by Charter, Special
Act, or Ordinance; and Ordinances enacted by the Council pursuant
to this section shall supersede any prior inconsistent provisions
of this Charter, Special Acts or Ordinances. The functions of the
following Departments, Boards and Commission are exempted from this
provision:
(a)
any elected departments, agencies, commissions, authorities
or boards, including those elected by Taxing Districts;
(b)
Police Department;
(c)
Fire Department;
(d)
Planning and Zoning Commission;
(e)
Board of Estimate and Taxation;
(f)
Chief Financial Officer; and,
(g)
Corporation Counsel[8].
Notwithstanding the foregoing, an affirmative vote of two-thirds of the entire membership of the Common Council is required to take any action authorized by this sub-section (3), and shall be subject to action by the Mayor as set forth in § 4-8D(1)[9].
[8]
NOTE: 2023 recodification and modification of current Article IV. The Common Council. § 1-189.2.B Derived from Charter Amendment 11-3-1970.
[9]
NOTE: 2023 recodification and modification of current Article IV. The Common Council. § 1-189.2.D. Derived from Charter Amendment 11-3-1970. The following provision is repealed: ""Protection of the Holders of Debt. In taking action under this section, the Council shall adopt appropriate provisions protecting the interests of any holders of debt which may have been issued by any administrative department affected by such action of the Council, prior to any ordinance enacted pursuant to this section, and the Council shall also adopt appropriate provisions regarding future issuance of debt instruments," derived from The Common Council. § 1-189.2.C, derived from Charter Amendment 11-3-1970.
(4)
Create, merge, consolidate or eliminate Boards or Commissions, either upon request of the Mayor or upon its own motion, in accordance with Article VII[10] Notwithstanding the foregoing, an affirmative vote of two-thirds of the entire membership of the Common Council is required to take any action authorized by this sub-section (4), and shall be subject to action by the Mayor as set forth in § 4-8D(1)[11].
[10]
NOTE: 2023 recodification and revision of current Article IV. The Common Council. § 1-189.2.A (First sentence). Derived from Charter Amendment 11-3-1970, by eliminating the following clause: "or the preservation of good order, peace, health and safety of the City and its inhabitants."*
[11]
NOTE: 2023 recodification and modification of current Article IV. The Common Council. § 1-189.2.D. Derived from Charter Amendment 11-3-1970. The following provision is repealed: ""Protection of the Holders of Debt. In taking action under this section, the Council shall adopt appropriate provisions protecting the interests of any holders of debt which may have been issued by any administrative department affected by such action of the Council, prior to any ordinance enacted pursuant to this section, and the Council shall also adopt appropriate provisions regarding future issuance of debt instruments," derived from The Common Council. § 1-189.2.C, derived from Charter Amendment 11-3-1970.
(6)
Remove the Mayor or other Public Official or expulsion of Councilmembers in the manner set forth in Article III;
(7)
Undertake public improvements and prescribe the form of proceeding
and mode of assessing benefits and appraising damages in taking land
for public use as the time and manner in which the benefits assessed
shall be collected[12];
(8)
License, regulate, or prohibit the manufacture, keeping, sale, or
use of fireworks, torpedoes, fire crackers, gun powder, petroleum,
or other explosive or inflammable substances, and the conveyance thereof[13];
(10)
Provide the mode for keeping and auditing the accounts of the
City and adjusting claims against the City[15];
(11)
To fix the salaries[16], approve the salary ranges and compensation for officers
and employees of the City and to prescribe the general duties of the
officers and employees[17],
(13)
Prescribe the amount of bonds to be given by City officers or
employees and to confer upon the officers of the City all proper authority
to enable them to discharge their duties[19];
[19]
NOTE: 2023 recodification of current Article IV. The Common Council. § 1-189 (first clause). Derived from S Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3. Repeal of the following: (1) regulate (a) the storing and hiring of lumber (current Article IV. The Common Council. § 1-189 (twenty-eighth clause) Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3); (b) weights and measures (current Article IV. The Common Council. § 1-189 (fifty-fourth clause); and (c) protect public buildings, property, and structures from injury (current Article IV. The Common Council. § 1-189 (Fifty-seventh clause) derived from Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3).
[2]
NOTE: 2023 recodification in lien of current Article IV. The Common Council. § 1-189 (Items (1) - (76). Derived from Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3. Historical editor's Note: (1) See §§ 1-200 to 1-202 for power to borrow money. (2) Editor's Note: A resolution adopted 10-10-1989 reads as follows: Whereas Article IV, § 1-189, of the Code of the City of Norwalk authorizes the Common Council "to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected," and over time the Council has established such setbacks; and Whereas these setbacks are in conflict with those that are established by the Zoning Regulations, the following resolution is recommended: Resolved by the Common Council that all building setback lines established by the Common Council are hereby repealed and the setback lines as defined in the Zoning Regulations, as amended, be adopted; and Be it further resolved that all structures that conform to the Council setback lines as they exist on this date are declared to be conforming and may be rebuilt in accordance with the Council setback should they be damaged by accident or natural disaster. See Art. XV, Streets, Sidewalks and Building Lines; Ch. 101, Streets and Sidewalks.
C.
Historical Powers of the Common Council[20]. The Council retains the following historical powers:
(1)
to authorize the Mayor, upon a Majority Vote of the Council, to borrow
in the name of the City, and upon the responsibility of the Fourth
or Fifth Taxing District, as the case may be, for the purpose of paying
the running expenses of the City, money in anticipation of the collection
of taxes[21];
[21]
NOTE: Historical editor's Note: (1) See §§ 1-200
to 1-202 for power to borrow money.
(2)
to define, designate and specify additional territory situated in the Fourth or Fifth Wards of the City, as set forth in § 12-1B, to be included at any time hereafter in the Fourth Taxing District thereof; to regulate the construction, erection and maintenance of billboards, advertising signs and other structures; to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected[22];
[22]
NOTE: Editor's Note: A resolution adopted 10-10-1989 reads as follows: Whereas Article IV, § 1-189, of the Code of the City of Norwalk authorizes the Common Council "to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected," and over time the Council has established such setbacks; and Whereas these setbacks are in conflict with those that are established by the Zoning Regulations, the following resolution is recommended: Resolved by the Common Council that all building setback lines established by the Common Council are hereby repealed and the setback lines as defined in the Zoning Regulations, as amended, be adopted; and Be it further resolved that all structures that conform to the Council setback lines as they exist on this date are declared to be conforming and may be rebuilt in accordance with the Council setback should they be damaged by accident or natural disaster.
(3)
to lay out, construct, maintain, and repair sewers and drains through and along streets and highways and through public and private grounds in said city, and in all such cases, except where sewers or drains are laid through private grounds, to assess the expense thereof, or such part thereof as the Council may deem reasonable, upon the property abutting upon the streets and highways through which such sewers or drains are laid and which may be benefited thereby, and in proportion to the benefits by such property received therefrom, subject to the same notice, manner of assessment, and appeal therefrom as is provided under the General Statutes, concerning highways. Whenever the Council shall propose a layout, or cause to be laid out, a drain or sewer in the City, wholly or in part through or across private lands, it shall proceed in the manner provided in the General Statutes in case of layout of highways, both as to the layout of such sewer or drain and the assessment of damages and benefits resulting therefrom. Any person aggrieved by any estimate of damages or benefits made under the provisions of this section may appeal to any Judge of the Superior Court as conferred by § 13-3, as derived from the Special Act[23];
[23]
NOTE: 2023 recodification of current Article XVI. "Sewers and Sewerage Disposal". Historical Editor's Note: Editor's Note: See also, Charter, § 1-12; Ch. 94, Sewers and Sewage Disposal; Appendix, Part III, Sewer Assessments. Also, 2023 recodification of current Article XVI, Part 1. General, § 1-457. Derived from Sp. Laws 1913, No. 352, § 137.
(4)
whenever in its opinion the Health Director shall require, to compel
the owners of property abutting on any street or highway wherein a
public sewer is laid to connect any and all buildings on such property
with such public sewer and when any order is made by the Council requiring
such owner to connect the owner's building or buildings with such
sewer, the Clerk of the City, if the owner is a resident of the City,
shall make service of said order upon such owner by leaving with the
owner or at the owners usual place of abode a true copy thereof; but
if such owner is not a resident of said city service of the order
shall be made upon the owner by the Clerk by leaving a true copy thereof
with the agent of said owner or the person in charge of said premises;
and in case such owner shall neglect or refuse to connect the building
or buildings with such sewer within the time limited therefor by said
order, the owner or other person shall be fined One Hundred Dollars[24].
[20]
NOTE: 2023 recodification of current Article IV. The Common Council. § 1-189 (Items (1) - (56). Derived from Sp. Laws 1913, No. 352, § 80; Sp. Laws 1921, No. 400, § 3; Sp. Laws 1929, No. 82, § 3. Historical editor's Note: (1) See §§ 1-200 to 1-202 for power to borrow money. (2) Editor's Note: A resolution adopted 10-10-1989 reads as follows: Whereas Article IV, § 1-189, of the Code of the City of Norwalk authorizes the Common Council "to establish building lines beyond which no building, step, stoop, veranda, billboard, advertising sign or other structure may be erected," and over time the Council has established such setbacks; and Whereas these setbacks are in conflict with those that are established by the Zoning Regulations, the following resolution is recommended: Resolved by the Common Council that all building setback lines established by the Common Council are hereby repealed and the setback lines as defined in the Zoning Regulations, as amended, be adopted; and Be it further resolved that all structures that conform to the Council setback lines as they exist on this date are declared to be conforming and may be rebuilt in accordance with the Council setback should they be damaged by accident or natural disaster; and (3) See Art. XV, Streets, Sidewalks and Building Lines; Ch. 101, Streets and Sidewalks. The following provisions were repealed: "to maintain an efficient police force in the Fourth Taxing District at the expense of the district. . .to protect the City from fire; to maintain a Fire Department in the Fourth Taxing District and to provide apparatus therefor. . .to purchase necessary fire engines, hose carriages, horses, and other fire apparatus at the expense of the Fourth District; to make rules and regulations for the safekeeping and preservation of all apparatus connected with and used by the Fire Departments...to provide for the collection, removal, and disposal of garbage, ashes, and refuse in the Fourth Taxing District at the expense of the district. Also repealed are historic powers of the Council as to streams, current (1) Article IV. The Common Council., § 1-203, derived from Sp. Laws 1913, No. 352, § 135. Historical Editor's Note: For powers of Council see § 1-189; (2) A Article IV. The Common Council., § 1-425. Derived from Sp. Laws 1913, No. 352, § 8; (3) Article XV, Part 1. General. Historical Editor's Note: Refer also to Ch. 101, Streets and Sidewalks; and (4) Article IV. The Common Council. § 1-204 (Second and third sentences). Derived from Sp. Laws 1913, No. 352, § 136. Historical Editor's Note: For powers of Council see § 1-189. Also repealed are provisions pertaining to "street, sidewalks and building lines," as follows: (1) current Article XV, Part 1. General. Historical Editor's Note: Refer also to Ch. 101, Streets and Sidewalks; (2) current Article XV, Part 1. General, § 1-424. Derived from Sp. Laws 1913, No. 352, § 112; (3) current Article XV, Part 1. General, § 1-425. Derived from Sp. Laws 1913, No. 352, § 8; and, (4) current Article XV, Part 1. General, § 1-426. Derived from Sp. Laws 1913, No. 352, § 123. Historical editor's Note: See Ch. 101, Streets and Sidewalks, § 101-3. Also repealed are provisions pertaining to ice and snow, as follows: current Article XV, Part 1. General, § 1-427. Derived from Sp. Laws 1913, No. 352, § 124; Sp. Laws 1915, No. 367, § 8. Historical editor's Note: See Ch. 101, Streets and Sidewalks, § 101-17. Also repealed are provisions pertaining to "Laying Out, Altering, Extending or Discontinuing Streets, Sidewalks and Building Lines," as follows: (1) current Article XV, Part 2. Laying Out, Altering, Extending or Discontinuing. Historical editor's Note: See Ch. 101, Streets and Sidewalks; (2) current Article XV, Part 2. Laying Out, Altering, Extending or Discontinuing, § 1-438. Derived from Sp. Laws 1913, No. 352, § 113; (3) current Article XV, Part 2. Laying Out, Altering, Extending or Discontinuing, § 1-439. Derived from Sp. Laws 1913, No. 352, § 114; Sp. Laws 1915, No. 367, § 7; (4) Editor's Note: As to building lines in the Fourth Taxing District, see § 1-15, supra; and, (5) Historical Editor's Note: See § 1-363. Also repealed are provisions pertaining to "Sewers and Sewerage Disposal," as follows: current Article XVI, Part 2 (Reserved). Historical Editor's Note: A Charter Amendment, adopted 9-2-1980 and approved by the electorate at the general election held 11-4-1980, repealed former Part 2, Bonds, which was comprised of the following sections: §§ 1-459 through 1-466, Sp. Laws 1929, No. 219, §§ 1 to 8; § 1-467, Sp. Laws 1931, No. 366; §§ 1-468 through 1-471, Sp. Laws 1931, No. 23, §§ 1 to 4; § 1-472, Sp. Laws 1931, No. 539; §§ 1-473 through 1-478, Sp. Laws 1947, No. 524, §§ 1 to 6; §§ 1-479 through 1-483, Sp. Laws 1949, No. 178, §§ 1 to 5. These sections will be maintained for record purposes in a separate book entitled "Bond issues of the City of Norwalk, the First, the Second, the Third and the Sixth Taxing Districts." Copies of such compilation shall be kept in the offices of the City Clerk and Town Clerk and in the Finance Department.
A.
The Mayor may initiate a divisional and departmental reorganization by proposing an Ordinance, subject to an affirmative vote of two-thirds of the entire membership of the Common Council, as set forth in § 8-1D[2]. The reorganization plan may include Divisions and Departments
created by Charter.
(1)
Alteration of Divisions and Departments Created by Charter. The delineation
of divisional and departmental categories in this Charter are obligatory;
however, the structure of the named Divisions and Departments may
be altered pursuant to a reorganization plan. In this respect, any
divisional or departmental categories may be reorganized and Department
Heads may be reassigned (unless otherwise prohibited by Law or agreement)
to other Divisions.
(2)
Limitation of Reorganization Plan: Opinion of the Corporation Counsel.
The reorganization plan is subject to the limitation that all governmental
functions set forth in this Charter must continue to be provided to
the residents of the City; unless such function has been eliminated
as the result of a repealed Federal or State mandate or not otherwise
deemed not to be in the best interest of the City to continue. Moreover,
any reorganization plan must include specific reference to the divisional
and departmental function(s) set forth in this Charter that will be
carried out in the reorganization and must include an opinion of the
Corporation Counsel verifying that the functional requirements of
the Charter will be maintained in the reorganization plan.
[2]
NOTE: 2023 recodification of current Article IV. The Common Council. § 1-189.4 (Fifth sentence). Added by Charter Amendment 11-3-1970. New language in lieu of the following: "approval of the Mayor as set forth in § 191 of the Charter (1956 Edition), § 1-197 (1970 Edition). This section shall take effect on January 1, 1971."
[1]
NOTE: NEW (2023).
All grants and leases of real estate belonging to the City authorized
by the Council must be signed by the Mayor and sealed with the City
seal.
A.
Council Appointments[1]. All appointments to office or to any position when the
appointing power is vested with the Council, which necessarily includes
all appointments not otherwise conferred upon the Mayor, must be made
by a plurality of votes passed in the Council, the Mayor having a
vote only in case of a tie.
C.
Compensation Fixed by Council. The compensation of all officers and
employees of the City of Norwalk shall be fixed by the Council, except
the salary of the Councilmembers, which shall be set at Six Hundred
($600) Dollars per annum[3]. In accordance with the General Statutes any proposed
increase in the compensation of the members of the Common Council
must be subject to confirmation by Referendum[4] at the next regular election[5].
B.
Required Public Hearing as to Ordinances[2]. Before the Common Council adopts any Ordinance, the Council
or a committee thereof must hold a Public Hearing in relation thereto,
at which all persons shall have an opportunity to be heard.
(1)
Public Notice[3]. Public Notice of the time and place of such Public Hearings,
together with a copy of the proposed Ordinance, must be posted or
published as required by Ordinance, in accordance with the provisions
of this Charter or as may otherwise be required by the General Statutes,
not more than fifteen nor less than seven Days prior to the date of
such Public Hearing.
(2)
Post-Hearing Modifications of Ordinance[4]. The Common Council or any of its committee may, after
the Public Hearing, make such changes or alterations in the form or
content of a proposed Ordinance as seems appropriate or necessary
as a result of the Public Hearing held in connection therewith. Such
changes, additions or alterations does not require further Public
Hearing.
C.
Procedures for Resolutions, Orders, Motions, Votes and Other Legislative
Actions. The Common Council must establish rules of procedure for
the adoption of Resolutions and other legislative actions, including,
but not limited to, orders and motions.
D.
Transmittal of Council Actions to the Mayor[6]. Every proposed Ordinance, or Resolution mandated by the
General Statutes requiring executive action, must be transmitted to
the Mayor ("Legislative Measure(s)"). Any legislative action pertaining
to the organization of the Council, to its own officers or employees,
to the removal of the Mayor or to the declaration of a Vacancy in
the office of Mayor is not subject to action by the Mayor.
(1)
Mayoral Action.
(a)
Approval or Veto[7]. The Mayor must either: (i) approve the Legislative Measure
within six Days, in which case it will become operative and effectual
or, (ii) veto (disapprove) the same and return it to the Council within
six Days, accompanied by specific statement of objections, in writing.
(b)
(2)
Council Reconsideration: Override of Mayoral Veto[9]. After such statement of objections has been read, the Council must proceed to reconsider its vote on such measure. If, after such reconsideration, the Council again passes it by a recorded affirmative vote of not less than two-thirds of the entire membership of the Council, it shall become operative and effectual without the approval of the Mayor; subject to the provisions of § 4-10.
E.
Publication of Ordinances; Effective Date[10]. No Ordinance will take effect until the same has been published as required by the General Statutes nor until the lapse of the time for filing a petition under the provisions of § 4-10.
[10]
NOTE: 2023 recodification and modification of current Article IV. The Common Council. § 1-193. Derived from Sp. Laws 1913, No. 352, § 83. Amended by Charter Amendment 9-2-1980. No reference to Special Act. Historical editor's Note: Approved by the electorate at the general election held 11-4-1980.
A.
B.
Accounts; Reports to Council. Between August 15th and September 15th of each year, the
Board of Estimate and Taxation must appoint an accountant or a firm
of accountants to conduct an audit of the accounts and transactions
of the City of Norwalk for the fiscal year commencing the previous
July 1st. On or before the regular Council
meeting in January, the accountant or accountants employed is required
to report in writing to the Common Council the results of the examination.
The accountant or firm of accountants may make interim reports to
the Common Council and the Board of Estimate and Taxation at any time
before completion of the final audit.
Any provision of this Charter to the contrary notwithstanding,
every Ordinance hereinafter enacted and every exercise of authority
of the Common Council, Board of Estimate and Taxation, or any other
Board or Commission, except as otherwise prohibited by the Acts of
the General Assembly, the Constitution of the State of Connecticut
or the Constitution of the United States, or as exempted in accordance
with § 4-10K(3) herein below, shall be subject to Referendum,
as defined, which results shall be binding upon the Common Council,
Board of Estimate and Taxation, or any other Board or Commission which
enacted the Ordinance or exercised the authority which is the subject
of the Referendum action[2].
A.
Upon a petition of not less than eight percent of the electors of
the City of Norwalk qualified to vote in the previous general election
filed, in accordance with this provision of the Charter, with the
City Clerk asking that any such Ordinance or exercise of authority
be submitted to the voters of the City, such Ordinance or exercise
of authority shall be so submitted[3].
[3]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.1.
B.
No Ordinance or other exercise of authority shall be subject to referendum
unless, within seven Days of the time that the Ordinance is passed
or exercise of authority is taken, a written request including the
particular question or proposal to be subject to referendum is filed
by at least five electors of the City of Norwalk, duly notarized,
for the issuance of forms of petition for the referendum with the
City Clerk, together with a fee of twenty-five dollars[4].
[4]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.2.
C.
Within three Days of the receipt of a request in accordance with § 4-10B above, the City Clerk shall cause to be prepared a form of petition for referendum in at least five hundred copies, each of which shall be marked with the Seal of the City of Norwalk, and shall notify by registered mail the electors named in the aforesaid request for petition forms that such petition forms are available in the office of the City Clerk. The petition forms shall be available at the office of the City Clerk on the Day that the notice is mailed as hereinbefore provided and shall be released by the City Clerk upon demand at that time or any time thereafter to any of the electors referenced in § 4-10B hereinabove[5].
[5]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.3.
D.
No Ordinance or exercise of authority shall be subject to referendum unless, within twenty-five Days of the mailing of notice in accordance with § 4-10C, there shall be returned to the City Clerk as a lot by any of the named electors of the aforesaid request for petition, the petition forms containing the signatures, with addresses, of eight percent of the electors of the City of Norwalk on the petition forms requesting such referendum issued by the City Clerk[6].
[6]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.4.
E.
Role of the City Clerk.
(1)
Question or Proposal. The City Clerk shall cause the question or proposal to be reprinted on each petition form as submitted by the electors in their written request for the issuance of petition forms pursuant to § 4-10B above, except that the City Clerk may rephrase or remove any language which is ambiguous, misleading, scandalous, libelous, repetitive, presents the question or proposal in an outlandish or impractical form, is inconsistent with § 4-10E(2) hereof, or is otherwise contrary to law; but in no event shall the City Clerk rephrase or remove any language in such a manner which could contravene, defeat, vary or evade the clearly expressed purpose and intent of any question or proposal so submitted which may lawfully be the subject of referendum under the provisions of this Article, the General Statutes and the Constitution of the State of Connecticut[7].
[7]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.5.a.
(2)
Capital Budget, Operating Budget or Any Other Appropriation or Part Thereof. When the question or proposal to be reprinted concerns the Capital Budget, Operating Budget, any other appropriation, or any part thereof, the question or proposal may either (i) call for disapproval of the Capital Budget, Operating Budget, any other appropriation or any part thereof, or (ii) specifically state whether the Capital Budget, Operating Budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage. If the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to § 4-10B above specifically states whether the Capital Budget, Operating Budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, the City Clerk shall specifically and clearly state such dollar amount or percentage of decrease in the question or proposal reprinted on the petition forms[8].
[8]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.5.b.
(3)
The City Clerk shall cause to be reprinted on each petition form the question or proposal in accordance with the provisions of § 4-10E(1) and (2), above, which shall be followed by sufficient lines for the signatures and addresses of twenty electors. Below the lines the City Clerk shall cause to be reprinted on the petition forms language substantially as follows:
|
The undersigned elector of the City of Norwalk hereby attests
that[9]:
| |
|
(a)
|
Each person whose name appears on this page personally signed
the same in my presence[10].
|
|
(ii)
|
Each person whose name appears on this page is either personally
known to me or satisfactorily identified himself or herself to me[11].
|
|
I recognize that the above statements are made by
me subject to the penalties for false statement.
| |
|
Signature of circulator
| |
|
Names and address of circulator (to be typed or printed)
| |
F.
Certification of Petitions to the City Clerk by the Town Clerk. The
Town Clerk shall review all petition forms returned hereunto within
five business Days of their receipt by the City Clerk and shall certify
to the City Clerk[12]:
(2)
The number of valid signatures on each page of the petition forms. The City Clerk shall then, within two Days of the receipt of the petition forms from the Town Clerk, issue a statement by registered mail addressed to the electors named in the request for petition forms pursuant to § 4-10B above either (a) verifying the timely receipt of the petition forms in proper order containing the signatures of eight percent of the electors of the City of Norwalk; or, (b) issuing a statement that such petition forms were not timely received by the City Clerk or were not in proper order or contained less than the signatures of eight percent of the electors of the City[14].
[14]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.7.b.
(3)
No action shall be taken pursuant to any Ordinance or exercise of authority subject to referendum under this Article until seven Days shall have passed after the adoption of such Ordinance or after the taking of the decision to exercise authority as aforesaid. In the event that a request is received by the City Clerk in accordance with § 4-10B above, no such action shall be taken until the City Clerk shall have issued a statement pursuant to § 4-10G, above. In the event that the City Clerk issues a statement verifying the timely receipt of petition forms in proper order containing the signatures of eight per cent of the electors of the City of Norwalk, then no such action shall be taken until the referendum election on such Ordinance or exercise of authority is held and the Ordinance or exercise of authority is upheld; provided, however, that any Ordinance or exercise of authority designated as an emergency measure by the municipal authority so acting shall be fully and immediately effective unless and until disapproved at a referendum election[15].
[15]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.8.
[12]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.7.
G.
Verification of Timely Receipt of Petition Forms.
(1)
In the event that the City Clerk issues a statement verifying the timely receipt of petition forms in proper order containing the signatures of eight percent of the electors of the City of Norwalk as provided in § 4-10G, above, then within three Days of the date on which the statement verifying the petition forms is deposited in the mail, the Common Council shall meet and determine the date of the referendum and shall instruct the City Clerk to issue Public Notice[16] according to this Charter or the General Statutes; provided,
however, in the case of a special election, such Public Notice shall
be issued by the City Clerk within three Days after instruction by
the Common Council[17].
(2)
Any referendum election concerning the Capital Budget, Operating
Budget, any other appropriation or any part thereof shall be held
at a special election not earlier than seventeen Days nor later than
twenty-five Days following the Day upon which the City Clerk, upon
instruction from the Common Council, issues a Public Notice[18] therefor by publishing a notice thereof in a newspaper having general circulation in the City of Norwalk. Any other referendum election shall be held at the next general election if such general election is to be held within six months from the date of verification by the City Clerk as provided in § 4-10G(2), above; provided, however, that if such verification by the City Clerk as provided in § 4-10G(2), above occurs less than sixty Days or more than six months prior to the general election, then the referendum election shall be held at a special election not earlier than seventeen Days nor later than twenty-five Days following the Day upon which the City Clerk, upon instruction from the Common Council, issues a Public Notice therefor by publishing a notice thereof in a newspaper having a general circulation in the City or Norwalk[19].
H.
No question or proposal shall be approved unless, at the election
at least twenty-five percent of the electors of the City of Norwalk
cast a ballot with respect to such question or proposal[20] and the majority of such Electors vote to approve the
question or proposal.
[20]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.10.
I.
Effect of Referendum.
(1)
Every referendum pursuant to this Article and any question or proposal
approved by the electors of the City of Norwalk shall be binding,
final and mandatory upon the Common Council, Board of Estimate and
Taxation, or any other City Board or Commission which enacted the
Ordinance or exercised the authority which is the subject of the referendum
action, unless the same has been exempted in accordance with § 4-10K(3)[21].
[21]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.a.
(3)
Whenever the question or proposal so voted upon concerns the Capital Budget, Operating Budget, or any other appropriation or any part thereof and the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to § 4-10B, specifically provided whether the Capital Budget, Operating Budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, the decrease shall take effect forthwith; provided, however, that the appropriate municipal authority shall meet within three Days of the referendum to determine in what manner the mandated decrease of the dollar amount or percentage shall be effected, unless the manner of the implementation of the decrease is otherwise provided for in the question or proposal so approved, in which event no such meeting shall be required[23].
[23]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.c.
(4)
Whenever the electors of the City of Norwalk approve any question
or proposal at any referendum requiring the Operating Budget to be
decreased, the Board of Estimate and Taxation shall meet within three
Days and shall lower the mill rate in accordance with the decrease.
Nothing herein shall be interpreted as requiring any action by the
Board of Estimate and Taxation in order for the decrease to take effect
forthwith. As to the manner of the implementation of the exercise
of the decrease, the provisions of § 4-10J(3), above shall
apply[24].
[24]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.d.
(5)
In the event that a referendum is held and the Capital Budget, Operating Budget, any other appropriation or any part thereof submitted to the electorate in the referendum shall be disapproved, but the question or proposal as submitted by the electors in their written request for the issuance of petition forms pursuant to § 4-10B, above did not specifically provide whether the Capital Budget, Operating Budget, any other appropriation or any part thereof is to be decreased by a specified dollar amount or percentage, then within three Days after the election the Board of Estimate and Taxation shall hold a Public Hearing on the appropriations and shall make such alterations or adjustments therein and shall decrease the tax rate to correspond to such changes as are appropriate to reflect the wishes of the electors; provided, however, that the Board of Estimate at such meeting shall not approve any increase in total appropriations above the amount provided for in the disapproved budget, appropriation or part thereof[25].
[25]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.e.
(6)
Notwithstanding any other provision hereof, if two or more conflicting questions or proposals shall be approved by the electors at the same referendum election, the question or proposal receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is a conflict, so long as such question or proposal has met the requirements of § 4-10I[26].
[26]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.f.
(7)
Notwithstanding any other provision hereof, any appropriations fixed
by the Board of Estimate and Taxation pursuant to § 4-10J(3)
- (5) shall be final, and the actions taken by the Board of Estimate
and Taxation pursuant to those sections shall be exempt from any further
referendum as to the actions[27].
[27]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.11.g.
J.
Miscellaneous.
(1)
Each paragraph, subparagraph and each provision of each paragraph
and subparagraph of this Article shall be separable, and the invalidity
of any portion of any paragraph, subparagraph or any provision of
any paragraph or subparagraph shall not affect the validity or enforcement
of any other portion. Should any provision be found to be invalid
as to any circumstance, such provision shall apply to all other circumstances
to which such provision may lawfully apply[28].
[28]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.12.a.
(2)
Should any provision of this § 4-10 conflict with any other provision of any other section of this Article, or any other Article of this Charter, the provision of § 4-10 shall apply, be considered supreme, and supersede such other provision, unless such other provision specifically states that it is exempt from the application of this § 4-10[29].
[29]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.12.c.
[1]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669. Derived from Charter Amendment 8-8-1974(I);
Charter Amendment 8-17-1976;[2] Charter
Amendment 11-5-1996.). Historical Editor's Note I: Approved by the
electorate at the general election held 11-5-1974. Former § 1-669,
originally part of Article XXII, Extension of Fire Protection, was
repealed by Charter Amendment of 11-3-1970, effective 7-1-1971. Historical
Editor's Note II: Editor's Note: Approved by the electorate at the
general election held 11-2-1976. § 1-670. through § 1-671.
(Reserved) Editor's Note: Former §§ 1-670 and 1-671,
originally part of Article XXII, Extension of Fire Protection, were
repealed by Charter Amendment of 11-3-1970, effective 7-1-1971.
[2]
NOTE: 2023 recodification of current Article XXII. "Referendum
Procedure,". § 1-669.6.
