A.
Creation of Boards and Commissions[1]. In addition to those Boards and Commissions established
by this Charter, the Common Council shall by Ordinance establish the
Boards and Commissions of the City.
(1)
The Role of Boards and Commissions[2]. The primary purpose of a Board or Commission is to serve
the residents of the City in carrying out the policy, advisory and/or
quasi-judicial or regulatory functions under its charge. Boards and
Commissions serve as a conduit for citizen participation and input
by gathering, analyzing and acting upon such information in order
to meet the specific objectives as set forth under this Charter, Ordinances,
or other source of legal authority.
[2]
NOTE: NEW (2023).
(2)
The Public Interest[3]. Members of Boards and Commissions are required to understand
the role and scope of responsibility and be informed of the objectives
and operating procedures of the Board of Commission to which they
are appointed. Members should represent the public interest and not
personal interests or special interest groups and seek to render decisions
on the basis of what is best for the residents of the City. Furthermore,
members should take care that deliberations include thorough research
and review of all alternatives on an issue prior to making a recommendation.
(a)
Regulatory Functions. In the case of members of regulatory Boards
and Commissions, decisions should be evidence-based taking into account
the interests of the public and fairness to the parties based upon
application of the Law and any other pertinent documents.
(b)
Departmental Policy and Administrative Functions. In the case
of members of Boards and Commissions aligned with a Division or Department,
members serve as a communication link between the community, staff,
and City regarding programs and recommendations and provide a channel
for citizen expression. Members should establish a strong working
relationship with Department Heads and other executives; however,
at all times, members represent the public interest as opposed to
the specific department interests under their jurisdiction. This is
particularly true when a Board or Commission has an oversight function.
[3]
NOTE: NEW (2023).
(3)
Open Meetings[4]. The objective of Norwalk's open government policy is
to achieve optimal public accessibility at all Meetings, while continuing
to evolve as State policies and laws advance. All Meetings of Boards
and Commissions must be held in public and conducted in strict compliance
with the requirements of the General Statutes; unless otherwise permitted
or required by Law[5]. In furtherance of this objective, all Boards and Commissions
are required to utilize all technology provided by the City so that
in-person, remote[6] or hybrid interactions[7] may be offered to the public at every meeting, wherever
practicable. The City must continue to migrate toward ensuring that
optimal technologies are available to all Boards and Commissions to
achieve the objective of public accessibility.
[4]
NOTE: NEW (2023).
[5]
NOTE: At the time of adoption of this Charter amendment the
applicable provision was C.G.S. § 1-200(2) and (6).
[6]
NOTE: Comment of the 2023 Charter Revision Commission: Remote
meetings are entirely "virtual." There is no in-person component.
At the time of the adoption of this Charter state law requires an
accommodation for "remote" meetings; seem, P.A. 22-3.
[7]
NOTE: Comment of the 2023 Charter Revision Commission: A "hybrid
meeting" is one which utilizes electronic or telephonic equipment
in conjunction with an in-person meeting. These meetings are governed
by C.G.S. § 1-225a.
[1]
NOTE: NEW (2023).
B.
Administrative Requirements of Boards and Commissions[8]. All Boards and Commissions established by this Charter
or by Ordinance are required to comply with the following requirements:
(2)
Required Ordinance Provisions[10]. Any such Ordinance must make provision for:
(a)
The appointment of a chair, such officers as may be necessary
for its proper function and a delineation of the responsibilities
of the presiding officer and other officers;
(b)
The keeping of records and posting of agendas as required by
Law;
(d)
Public access, comment and interaction (including, but not limited
to, public speaking, comment and any applicable rules and protocols)
as may enacted by Ordinance or, in the absence of an Ordinance, by
the rules of the Board or Commission; and,
[10]
NOTE: NEW (2023).
(4)
Meeting Frequency and Public Notice[11]. Each Board or Commission is required to meet as frequently
as necessary to perform its duties, however, not less than monthly;
unless otherwise permitted by Ordinance. Meetings may be cancelled
by disclosing to the public the reason for the cancellation through
Public Notice; notwithstanding the foregoing, Boards or Commissions
must not cancel Meetings for two consecutive months. Failure to obtain
a quorum is not deemed a violation of this provision of the Charter[12]. The Chair, any two members or the Mayor may call a Meeting
of any appointive Board or Commission, provided each member and the
public is given Public Notice of not less than twenty-four hours thereof,
unless otherwise required by Law.
(5)
Clerical Assistance[13]. The Mayor must make certain that each Board or Commission
has staff assigned to assist the members in the conduct of their meetings
and public business.
[13]
NOTE: 2023 recodification and modification of current Article VIII - Police Department and Police Fund, Part 1 - General. § 1-300 (Derived from Sp. Laws 1935, No. 455, § 4.) pertinent to all Boards and Commissions and in lieu of the following: "The Commission may employ clerks for its own work and the clerical work of the Police Department, and may pay their salaries."
(6)
Public Records[14]. Each clerk is required to (a) keep a complete record
of the Resolutions and other proceedings of the Board or Commission;
and, (b) maintain custody of its correspondence, files and other records.
All minutes and recordings of Meetings must be filed and preserved
with the City Clerk, in accordance with the requirements of the General
Statutes, this Charter and any applicable Ordinances. All the records
must be open for public inspection at reasonable hours; and available
for public review and inspection, in formats that will be accessible
and durable, including on the City website, if practicable or if required
by Law.
[14]
NOTE: NEW (2023).
(7)
Political Composition: Minority Party Representation[15]. Unless otherwise required by the General Statutes or
as otherwise set forth in this Charter, the political affiliation
of the members and alternate members of all appointed Boards or Commissions
must comply with the requirements of the General Statutes with respect
to minority party representation. This provision applies to all Boards
or Commissions established or required by this Charter or established
by Ordinance.
[15]
NOTE: NEW (2023). Note: This provision memorializes the applicable
state law: C.G.S. § 9-167a entitled "Minority representation".
[8]
NOTE: NEW (2023).
C.
Appointment[17]. Except as otherwise provided by the General Statutes
or this Charter, all members or alternate members of Boards or Commissions
are to be appointed by the Mayor as set forth in this Charter, subject
to approval by a Majority Vote of the Council. All Board or Commission
members shall serve until the completion of their respective terms
or until their successors have been appointed and qualified.
D.
Vacancy[18]. Unless otherwise set forth in the General Statutes or in this Charter, in the event of a Vacancy on any Board or Commission, whether established by Charter or Ordinance, a successor must be appointed by the Mayor, subject to approval by the Common Council as set forth in § 7-1C, for the balance of the unexpired term.
(1)
Resignation: Effective Date[19]. The effective date of a Vacancy caused by resignation
is the date the City Clerk notifies the Mayor or other Appointing
Authority of the resignation and Vacancy. The date must be filed and
recorded in the records of the City Clerk's office. A resignation
may be effectuated if an oral statement is made on the record of the
Board or Commission and the approved minutes of the Meeting in question
are transmitted to the City Clerk by the Chair.
[19]
NOTE: NEW (2023).
(2)
Notice to the Mayor of Vacancy Due to Resignation. The City Clerk
is required to send notice of any Vacancy to the Mayor (or other Appointing
Authority) and the President of the Common Council within four business
days of receipt or knowledge. The Clerk must record the date of the
notice as set forth in this section.
[18]
NOTE: 2023 restatement and recodification of (1) current Article VI pertaining to the Board of Estimate and Taxation § 1-288 (Third and fourth sentences); (2) current Article V, Part 7 pertaining to the Tax Commissioners and Board of Relief § 1-271 (Fourth sentence); and (3) 2023 recodification of current Article V, Part 2 - Mayor. 1-227 (Third 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 11-7-1978.
E.
Removal[20]. Unless otherwise set forth in the General Statutes or
this Charter, the Mayor or Appointing Authority may initiate proceedings
to remove a member of any appointed Board, Commission, or relevant
position for any of the following reasons:
(1)
misconduct in the performance of duties;
(3)
conviction of a felony while in office;
(4)
conviction, while in office, of a misdemeanor which would undermine
the public confidence in the member's ability to perform the duties
of office, as determined by the Board of Ethics; and,
[20]
NOTE: NEW (2023).
F.
Elector Requirement: General Rule[22]. Except as otherwise provided by Ordinance, no person may serve on a Board or Commission unless the person is an Elector of the City. If any person who is a member of a Board or Commission ceases to be an Elector of the City, the person shall thereupon cease to hold appointive office in the City. Failure to resign shall be grounds for removal under § 7-1E(5).
[22]
NOTE: NEW (2023).
G.
Representation on Boards and Commissions[23]. The Mayor and other appointing authorities are required
to consider appointments to ensure that, to the fullest extent possible,
the composition of Boards and Commissions reflect the diversity of
the residents and the geographic areas of the City.
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K.
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Administration of Boards and Commissions[24]. The Mayor must, with the assistance of the City Clerk, develop policies governing the general administration of Boards and Commissions. The following issues must be addressed by the policies: (1) assignment of an administrator responsible for retaining and organizing the records pertaining to the appointment of Board and Commission members and maintaining a public applicant pool for Board and Commission membership; (2) organizing swearing-in ceremonies; (3) providing Board and Commission members with background materials regarding the procedures and legal issues associated with service as a member, including, but not limited to, parliamentary procedure and home rule, freedom of information and open government laws; (4) the assignment of clerks, as set forth in § 7-1B(4), above; (5) the keeping of records to comply with the General Statutes and for public review, as set forth in § 7-1B(5), above; (6) posting of all agendas and minutes of Boards and Commissions, as set forth in § 2-2(24) and (29), above; (7) maintaining records of incumbency of Boards and Commission by list; (8) coordinating the list with the City Clerk on a quarterly basis; and (9) public outreach plans.
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A.
Board of Estimate and Taxation[1].
(1)
Established[2]: Mayor as ex officio member of Board of Estimate and Taxation;
Board in General[3]. The seven-member Board of Estimate and Taxation is comprised
of six Electors who shall serve without pay. The Mayor shall be an
ex officio a member of the Board of Estimate and Taxation and shall
be entitled to vote in the proceedings of the Board.
(b)
Quorum[5]. At all meetings of the Board, four members shall constitute
a quorum, and the concurrence of four votes shall be necessary for
the transaction of business[6].
[5]
NOTE: 2023 recodification of current Article VI - Board of Estimate and Taxation § 1-289 (Second sentence).
[6]
NOTE: 2023 repeal of current Article VI - Board of Estimate and Taxation § 1-289 (Third sentence), as follows: "Lack of Quorum. Warrant to Compel Attendance. Whenever any meeting of the Board has been regularly called and no quorum shall be present, the Mayor may execute and issue a warrant, directed to a State Marshall or to the City Sheriff of the City, to arrest and bring into such meeting a sufficient number of members of the Board to constitute a quorum."
[2]
NOTE: 2023 recodification of current Article VI - Board of Estimate and Taxation § 1-288 (First sentence).
[3]
NOTE: 2023 recodification of current Article VI - Board of Estimate and Taxation § 1-289 (First sentence). Derived from (Sp. Laws 1913, No. 352, § 89; Sp. Laws 1915, No. 367, § 3; Sp. Laws 1921, No. 189, § 8; Sp. Laws 1921, No. 400, § 6; Sp. Laws 1933, No. 328; Sp. Laws 1933, No. 335, § 3; Sp. Laws 1953, No. 267; Sp. Laws 1967, No. 197, § 6; Charter Amendment 11-7-1972; Charter Amendment 8-13-1974 [Editor's Note: Approved by the electorate at the general election held 11-5-1974.] Charter Amendment 8-17-1976 [Editor's Note: Approved by the electorate at the general election held 11-2-1976.]; Charter Amendment 11-5-1996; Charter Amendment 11-8-2005.) Historical Editor's Note: For the powers and duties of Mayor, see Art. V, Part 2.
(2)
Appointment, Term of Office, Approval, Qualification, and Political
Balance[7]. The members shall be appointed by the Mayor, for a term
of four years[8], subject to approval by the Common Council as set forth in § 7-1C.
(a)
Political and Geographic Balance. There shall be not more than
two members from any one Council District and not more than three
appointed members shall belong to the same political party.
(3)
Powers[11]. The Board of Estimate shall have the powers specified
in this Charter and the incidental powers as may be reasonably necessary
to enable it to investigate and determine those matters of fiscal
policy of the City as are within its direct jurisdiction and responsibility[12].
(a)
Open Meetings; Public Notice[13]. The regular meetings of the Board shall be open to the
public and shall be convened by the Mayor, and notice of the time,
place, and purpose of holding the same shall be posted or published
as required by this Charter or as otherwise may be required by Law.
(b)
Vote and Proceedings of the Board of Estimate and Taxation:
Evidential Weight of Records[14]. The City Clerk shall be clerk of the Board of Estimate and Taxation and is responsible for maintaining the records of the Board in accordance with the § 7-1B(6). All of the records, including legacy records, shall be in all courts, evidence of the truth of the matters therein contained, and a certified copy of any record shall be received in all courts as evidence of the same validity as the original record.
(c)
Special Meetings of the Board of Estimate and Taxation[15]. The Mayor or a majority of the members of the Board of
Estimate and Taxation have the authority and power to call a special
meeting of the Board.
[15]
NOTE: 2023 Recodification of current Article VI - Board of Estimate and Taxation § 1-289 (Twenty-ninth sentence). Derived from (Sp. Laws 1913, No. 352, § 89; Sp. Laws 1915, No. 367, § 3; Sp. Laws 1921, No. 189, § 8; Sp. Laws 1921, No. 400, § 6; Sp. Laws 1933, No. 328; Sp. Laws 1933, No. 335, § 3; Sp. Laws 1953, No. 267; Sp. Laws 1967, No. 197, § 6; Charter Amendment 11-7-1972; Charter Amendment 8-13-1974 [Editor's Note: Approved by the electorate at the general election held 11-5-1974.] Charter Amendment 8-17-1976 [Editor's Note: Approved by the electorate at the general election held 11-2-1976.]; Charter Amendment 11-5-1996; Charter.
(4)
The Budget Process and Authority of the Board of Estimate and Taxation
to Review Budgetary Information and to Levy Taxes.
(a)
The Budget Process. The role of the Board of Estimate with respect to the budget process and deliberations is set forth in Article X.
(b)
Furnishing of Information[16]. The Board of Estimate and Taxation is authorized to require
the Department Heads and responsible officers for each Budgeted Entity
(including the Norwalk Public Schools under the auspices of the Board
of Education) to furnish the required information necessary, in the
opinion of the Board, to enable it to discharge the duties imposed
upon it by this Charter.
[16]
NOTE: 2023 adaptation, modification and recodification of current Article VI - Board of Estimate and Taxation § 1-289 (Eighth sentence). Derived from (Sp. Laws 1913, No. 352, § 89; Sp. Laws 1915, No. 367, § 3; Sp. Laws 1921, No. 189, § 8; Sp. Laws 1921, No. 400, § 6; Sp. Laws 1933, No. 328; Sp. Laws 1933, No. 335, § 3; Sp. Laws 1953, No. 267; Sp. Laws 1967, No. 197, § 6; Charter Amendment 11-7-1972; Charter Amendment 8-13-1974 [Editor's Note: Approved by the electorate at the general election held 11-5-1974.] Charter Amendment 8-17-1976 [Editor's Note: Approved by the electorate at the general election held 11-2-1976.]; Charter Amendment 11-5-1996; Charter.
(c)
The Power to Levy Taxes; Fiscal Year[17]. The Board of Estimate and Taxation is authorized to establish
the mil rate on the assessed value of the property within the limits
of the City, subject to the maximum limit on total appropriations
as set by the Common Council as hereinafter provided and in conformity
with Law. Every tax approved by the Board shall be laid upon the assessment
list of the City last completed.
[17]
NOTE: 2023 adaptation, modification and recodification of current Article VI - Board of Estimate and Taxation § 1-289 (Ninth through eleventh sentences). Derived from (Sp. Laws 1913, No. 352, § 89; Sp. Laws 1915, No. 367, § 3; Sp. Laws 1921, No. 189, § 8; Sp. Laws 1921, No. 400, § 6; Sp. Laws 1933, No. 328; Sp. Laws 1933, No. 335, § 3; Sp. Laws 1953, No. 267; Sp. Laws 1967, No. 197, § 6; Charter Amendment 11-7-1972; Charter Amendment 8-13-1974 [Editor's Note: Approved by the electorate at the general election held 11-5-1974.] Charter Amendment 8-17-1976 [Editor's Note: Approved by the electorate at the general election held 11-2-1976.]; Charter Amendment 11-5-1996; Charter.
(5)
The Annual Report[18]. All administrative City officers and committees are required
by this Charter to make annual reports to the Mayor, Board or Estimate
and Taxation and the Common Council on or before the first Day of
August in each year.
(6)
Election Expenses[19]. The Board of Estimate and Taxation must appropriate sufficient
sums to cover the expenses of all elections, including the expenses
of each voting precinct and voting place[20].
[20]
NOTE: 2023 repeal of current Article VI - Board of Estimate and Taxation § 1-289: (a) First clause of the thirty-fourth sentence) which addresses the Annual Appropriation for District Library and Sinking Funds for the First, Second, Third and Fifth Districts; (b) (Second clause of the thirty-fourth sentence which addresses Investment and Reinvestment of Funds Collected and Appropriated of the First, Second and Third Taxing Districts; and, (c) Third clause of the thirty-fourth sentence which addresses Investment and Reinvestment of Funds Appropriated and Collected for the Fifth Taxing District.
[1]
NOTE: 2023 recodification of current Article VI - Board of Estimate and Taxation § 1-288. Derived from Sp. Laws 1913, No. 352, § 88; Charter Amendment 8-29-1978 [Historical Editor's Note: Approved by the electorate at the general election held 11-7-1978]; Charter Amendment 8-10-1982. [Editor's Note: Approved by the electorate at the general election held 11-2-1982].
B.
The Police Commission[21].
(1)
Creation, Composition, Powers and Duties[22].
(a)
Established[23]. There shall be a five-member Police Commission, consisting of four Electors appointed by the Mayor subject to approval by the Common Council as set forth in § 7-1C. The members shall serve without compensation. Not more than one-half of the members of the Commission, with the exception of the Mayor, shall be members of any one political party. In addition to the four Electors, the Mayor shall be, ex officio, a voting member and Chair of the Commission[24].
(b)
Transaction of Business - Quorum[25]. Three members of the Commission shall constitute a quorum,
and a concurrence of three votes shall be necessary for the transaction
of business.
[25]
NOTE: 2023 modification and recodification of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-297 (Fifth and sixth sentences). Quorum was raised from two to three with the increase in the membership. The following language was repealed: "The Police Commission shall annually elect a Secretary from its members."
(c)
Meetings[26]. The Commission shall hold meetings at least once each month and at such other times as it may determine, or as otherwise modified by Ordinance, in accordance with § 7-1B(4). Special meetings of the Board may be called by the Mayor or by two members upon reasonable Public Notice to the Mayor, the other members and the public.
(2)
Function of the Commission. The Commission shall:
(a)
have control, management and supervision of the police force
of the City and all property belonging to or used in the Police Department[27].
(b)
have the power to appoint, remove, suspend, discipline and punish
and prescribe the duties of all officers and members[28] of the Police Department, including the Chief of Police,
and to fix their salaries and compensation unless otherwise set forth
in a collective bargaining agreement[29] to make rules and Regulations as it may deem necessary,
consistent with the provisions hereof, Law and any applicable provisions
of a collective bargaining agreement, for the Regulation and government
of the Department[30].
[28]
NOTE: Repealed the following: "whether regular, supernumerary
or call."
[29]
NOTE: Comment of the 2023 Charter Revision Commission. At
the time of the adoption of this Charter C.G.S. § 7-474(f)
remained in full force and effect. That statute addresses the relationship
between local laws, including the Charter and Ordinances and any municipal
collective bargaining agreement. As you review the Charter it is important
to understand that many of the provisions dealing with the rights
of employees, including, but not limited to discipline, dismissal,
may be impacted by the specific terms of collective bargaining agreements
approved by the City or the subject of binding arbitration.
(c)
enforce and carry into effect all Ordinances, and the General
Statutes, including, but not limited to those referring to the safety
of the City[31].
(d)
keep and preserve detailed records, files and minutes of all
its proceedings and of all work, property and expenditures of the
Police Department, and the files, records and minutes, or certified
copies thereof, shall be accepted as evidence in all courts and proceedings[32].
(e)
have power to summon and examine witnesses and compel the production
of books and papers, as in civil actions, and administer oaths to
such witnesses, and may require of any officer or board of the City
all information and copies of records, books and papers relative to
the public business in connection with the Police Department[33].
[33]
NOTE: 2023 recodification of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-297 (Tenth sentence). Repeal the following: (1) current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-297 (Eleventh sentence), as follows: "render monthly detailed statements and reports to the Common Council of its proceedings and of all disbursements and contracts made in the Department during the preceding month;" (2) current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-298 (Sp. Laws 1935, No. 455, § 2," as follows: "render annually to the Common Council and to the Board of Estimate and Taxation (Editor's Note: See also, Art. VI, for Board of Estimate and Taxation.), a full statement of its disbursements and expenditures in the Police Department during the preceding year, with a report of the condition of the Department, and an estimate of the necessary expenditures for the ensuing fiscal year."
(3)
Powers of the Police Commission[34].
(a)
Abolishing Officers in the Police Department; Removal and Expulsion.
The Police Commission shall not abolish any office in the Police Department
during the incumbency thereof of any appointee to such office, nor
shall it remove, expel, or reduce in rank any officer or regular or
permanent member of the Police Department except for cause found after
hearing; unless otherwise set forth under Law or in a collective bargaining
agreement. Notice of any removal, expulsion, or reduction in rank
shall be given by the Commission in writing to the officer or permanent
member concerned, and any officer or permanent member aggrieved by
such removal, expulsion, or reduction may, within ten Days after receiving
notice of the action by the Commission, appeal therefrom to the Superior
Court in and for the County of Fairfield, which shall hear the appeal
and render judgment thereon[35]; or, such provisions of Law[36].
(b)
Number and Designation of Officers. The power to fix the number
and designation of all the officers and members of the Police Department
shall be in and exercised only by the Police Commission and the number
and designation of all officers of the Department shall continue as
at present until the Commission shall take action[37].
(c)
Retired List. The Commission shall have the power to retire
any member of the Police Department for mental or physical disability
and place the name of the member on the retired list and the member
shall not thereafter be entitled to pay or compensation from the City
unless assigned to duty by the Chief of Police of the Police Department.
The member's pay for the time so assigned to duty shall be that of
a regular member of the force[38].
[38]
NOTE: 2023 modification and recodification of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-298 (Fourth and fifth sentences). 2023 repeal of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-299 (Derived from Sp. Laws 1935, No. 455, § 3, including Historical Editor's Note: See §§ 1-319 to 1-332, as follows: "The Commission shall administer the Policemen's Benefit Fund established under the provisions of an act approved April 30, 1925, as amended by § 3 of an act approved June 16, 1927." Repeal of (1) Editor's Note: Refer to § 1-299 for administration of fund; (2) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-319. Derived from Sp. Laws 1931, No. 518, § 1; Sp. Laws 1945, No. 235; (3) .current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-320. Derived from Sp. Laws 1931, No. 518, § 2; (3) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-321. Derived from Sp. Laws 1931, No. 518, § 3; (4) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-322. Derived from Sp. Laws 1931, No. 518, § 4; (5) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-323. Derived from Sp. Laws 1931, No. 518, § 5; (5) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-324. Derived from Sp. Laws 1931, No. 518, § 6; Sp. Laws 1939, No. 255, § 1; (6) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-325. Historical Editor's Note: Editor's Note: Former § 1-325, Retirement at 60, Sp. Laws 1931, No. 518, § 7; Sp. Laws 1933, No. 333, § 1, was repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980; (7) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-326. Derived from Sp. Laws 1931, No. 518, § 8; (7) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-327. Derived from Sp. Laws 1931, No. 518, § 9; (8) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-328. Derived from Sp. Laws 1931, No. 518, 10; (9) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-329. Derived from Sp. Laws 1931, No. 518, § 11; (10) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-330. Derived from Sp. Laws 1931, No. 518, § 12; Sp. Laws 1933, No. 333, § 2; (11) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-327. Derived from Sp. Laws 1931, No. 518, § 13; (12) current Article VIII - Police Department and Police Fund, Part 2 - Police Benefit Fund, § 1-332. Derived from Sp. Laws 939, No. 255, § 2.
(d)
Appointments and Promotions[39]. All appointments to be made by the Commission shall be
based upon merit and fitness for the duties pertaining thereto, and,
in no degree, upon political affiliations or considerations. All promotions
shall be made in accordance with the provisions of the Law and any
applicable collective bargaining agreement[40].
[39]
NOTE: 2023 recodification and modification of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-301 (Derived from Sp. Laws 1935, No. 455, § 5.). The following language is repealed: "In carrying out the provisions of this section, the Commission may adopt the provisions of Chapter 105 of the General Statutes as it may deem advisable and, on or before September 1, 1935, the merit system shall be in effect in the City."
[40]
NOTE: 2023 repeal of current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-302 (Derived from Sp. Laws 1935, No. 455, § 6.), as follows: "An act creating a Board of Public Safety in the City of Norwalk, approved June 16, 1927, as amended by an act amending an act creating a Board of Public Safety in the City of Norwalk, approved March 27, 1929, and all acts or parts of acts inconsistent herewith are repealed." The following footnotes attached to "repealed Provisions in the current Charter are hereby preserved as follows: (1) current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-304-305. Historical Editor's Note: Former §§ 1-304, Supernumerary Police Force; members; appointment; control; duties; powers, Sp. Laws 1913, No. 352, § 144; Sp. Laws 1915, No. 367, § 10; Sp. Laws 1925, No. 225, § 2; Sp. Laws 1969, No. 149, and 1-305, Appointments to regular force, Sp. Laws 1913, No. 352, § 146, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980; (2) Current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-307-310. Historical Editor's Note: Former §§ 1-307, Appointment of Women Probation Officer, 1-308, Powers of Woman Probation Officer, 1-309, Removal of Woman Probation Officer, and 1-310, Salary of Probation Officer, Sp. Laws 1927, No. 371, §§ 1 to 4, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980; (3) current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-314-316. Historical Editor's Note: Repealed by Charter Amendment 11-3-1970; effective 7-1-1971.; and (4) current Article VIII - Police Department and Police Fund, Part 1 - General, § 1-317-318. Historical Editor's Note: Editor's Note: Former §§ 1-317, Workweek for policemen, and 1-318, Approval of workweek, Sp. Laws 1951, No. 293, §§ 1 and 2, were repealed 9-2-1980 by Charter Amendment, approved by the electorate at the general election held 11-4-1980.
[34]
NOTE: 2023 modification and recodification of
[21]
NOTE: Editor's Note: See § 1-12. See also Ch. 111,
Vehicle and Traffic.
C.
The Fire Commission[41].
(1)
Creation and Composition; General Powers[42].
(a)
Established[43]. There shall be a five-member Fire Commission, consisting of four Electors appointed by the Mayor, subject to approval by the Common Council as set forth in § 7-1C. The Board shall serve without compensation. Not more than one-half of the members of the Commission, with the exception of the Mayor, shall be members of any one political party. In addition to the four Electors, the Mayor shall be, ex officio, a voting member and chair of the Commission[44]. The Fire Commission may employ clerks for its own work
and the clerical work of the Fire Department, and may fix and pay
their salaries[45].
(b)
Transaction of Business - Quorum[46]. Three members of the Commission shall constitute a quorum
and a concurrence of three votes shall be necessary for the transaction
of business.
(c)
Meetings[47]. The Commission shall hold meetings at least once each month and at such other times as it may determine or, as otherwise modified by Ordinance, in accordance with § 7-1B(4). Special meetings of the Commission may be called by the Mayor or by two members upon reasonable Public Notice to the Mayor, the other members and the public.
(2)
Functions of the Fire Commission. The Commission shall:
(a)
have control, management and supervision of the fire-fighters
of the City and all property belonging to or used in the Fire Department;
except as otherwise set forth in this Charter[48].
(c)
have the power to appoint, remove, suspend, discipline and punish
and prescribe the duties of all officers and members (including the
Chief), of the Fire Department and fix their salaries and compensation
and to make rules and Regulations as it may deem necessary, consistent
with the provisions hereof, for the Regulation and government of the
Department unless otherwise set forth in a collective bargaining agreement[50].
(e)
keep and preserve detailed records, files and minutes of all
its proceedings and of all work, property and expenditures of the
Fire Department and the files, records and minutes, or certified copies
thereof, shall be accepted as evidence in all courts and proceedings[52].
(f)
have the power to summon and examine witnesses and compel the
production of books and papers, as in civil actions, and administer
oaths to such witnesses, and may require of any officer or board of
the City all information and copies of records, books and papers relative
to the public business in connection with the Department[53].
[53]
NOTE: 2023 recodification of current Article IX - Fire Department and Fire Fund, Part 1 - General, § 1-333. (Fourteenth sentence). Repeal of current Article IX - Fire Department and Fire Fund, Part 1 - General, § 1-333. (Fifteenth sentence), as follows: "render monthly detailed statements and reports to the Common Council of its proceedings and of all disbursements and contracts made in the Fire Department during the preceding month; shall render annually to the Common Council and to the Board of Estimate and Taxation a full statement of its disbursements and expenditures in the Department during the preceding year, with a report of the condition of the Department, and an estimate of the necessary expenditures for the ensuing fiscal year." 2023 repeal of (1) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-338. Derived from Sp. Laws 1931, No. 37, § 1; Sp. Laws 1945, No. 242; (2) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-339. Derived from Sp. Laws 1931, No. 37, § 2; (3) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-340. Derived from Sp. Laws 1931, No. 37, § 3; (4) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-341. Derived from Sp. Laws 1931, No. 37, § 4; (5) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-342. Derived from Sp. Laws 1931, No. 37, § 5; (6) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-343. Derived from Sp. Laws 1931, No. 37, § 6; (7) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-345. Derived from Sp. Laws 1931, No. 37, § 7; Sp. Laws 1941, No. 419, § 1; (8) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-345. Derived from Sp. Laws 1931, No. 37, § 8; Sp. Laws 1933, No. 329, § 1; (9) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-346. Derived from Sp. Laws 1931, No. 37, § 9; (10) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-347. Derived from Sp. Laws 1931, No. 37, § 10; (11) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-348. Derived from Sp. Laws 1931, No. 37, § 11; (12) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-349. Derived from Sp. Laws 1931, No. 37, § 12; (13) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-350. Derived from Sp. Laws 1931, No. 37, § 13; Sp. Laws 1933, No. 329, § 2; (14) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-351. Derived from Sp. Laws 1931, No. 37, § 14; (15) current Article IX - Fire Department and Fire Fund, Part 2 - Firemen's Benefit Fund, § 1-352. Derived from Sp. Laws 1941, No. 419, § 2).
(3)
Powers of the Fire Department; Number and Designation of Officers;
Retired List[54].
(a)
Abolishing Officers in the Fire Department; Removal and Expulsion.
The Fire Commission shall not abolish any office in the Fire Department
during the incumbency thereof of any appointee to such office, nor
shall it remove, expel or reduce in rank any officer or regular or
permanent member of the Fire Department except for cause found after
hearing. Notice of any removal, expulsion or reduction in rank shall
be given by the Commission in writing to the officer or permanent
member concerned, and any officer or permanent member aggrieved by
the removal, expulsion or reduction may, within ten Days after receiving
notice of the action by the Commission, appeal therefrom to the Superior
Court in and for the County of Fairfield, which shall hear the appeal
and render judgment thereon[55].
(b)
Number and Designation of Officers. The power to fix the number
and designation of all officers and members of the Fire Department
shall be in and exercised only by the Fire Commission, and the number
and designation of all officers of the Department shall continue as
at present until the Commission shall take action[56].
(c)
Retired List. The Fire Commission shall have the power to retire
any member of the Fire Department for mental or physical disability
and place the name of the member on the retired list and such member
shall not thereafter be entitled to pay or compensation from the City
unless assigned to duty by the Fire Chief of the Fire Department.
The pay for the time so assigned to duty shall be that of a regular
member of the force[57].
(4)
Appointments by Fire Commission[58]. All appointments to be made by the Fire Commission shall be based upon merit and fitness for the duties pertaining thereto and, in no degree, upon political affiliations or consideration. In carrying out the provisions of this section, the Commission may adopt the provisions of Chapter 105 of the General Statutes as it may deem advisable and, on or before September 1, 1935, the merit system shall be in effect in the City[59].
[59]
NOTE: 2023 repeal of current Article IX - Fire Department and Fire Fund, Part 1 - General, § 1-335. (Derived from Sp. Laws 1935, No. 454, § 3), including, Historical Editor's Note: See §§ 1-338 to 1-352, amended, as follows: "The Fire Commission shall administer the Firemen's Benefit Fund established under the provisions of an act approved May 21, 1925, as amended by § 4 of an act approved June 16, 1927."
The Common Council shall adopt Ordinances setting forth the
organizational structures, powers, duties, and responsibilities of
the following Boards and Commissions, subject to the requirements
of Law, including but not limited to § 7-1 of the Charter:
A.
Board of Assessment Appeals[1];
[1]
NOTE: 2023 recodification mandates the Board of Assessment Appeals, current Ord. § 103-14. Repeals current Article V, Part 7 — Tax Commissioners and Board of Relief § 1-271. Derived from (Sp. Laws 1913, No. 352, § 49; Sp. Laws 1933, No. 456, § 1; Charter Amendment 8-29-1978 [Historical Editor's Note: Editor's Note: Approved by the electorate at the general election held 11-7-1978]. In addition, repeals (1) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-272. Derived from (Sp. Laws 1913, No. 352, § 49; Sp. Laws 1933, No. 456, § 1; and, (2) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-273. Derived from Sp. Laws 1913, No. 352, § 90; Sp. Laws 1915, No. 367, § 4; Sp. Laws 1967, No. 197, § 2. Historical Editor's Note: See § 1-284 for later provision; (3) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-274. Derived from Sp. Laws 1913, No. 352, § 91; Sp. Laws 1915, No. 367, § 5; Sp. Laws 1967, No. 197, § 3; Sp. Laws 1969, No. 264, § 1. (4) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-275. Derived from Sp. Laws 1913, No. 352, § 92. (5) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-276. Derived from Sp. Laws 1913, No. 352, § 93; (6) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-277. Derived from Sp. Laws 1937, No. 539, § 1; (7) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-278. Derived from Sp. Laws 1937, No. 539, § 2; (8) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-279. Derived from Sp. Laws 1937, No. 539, § 3; (9) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-280. Derived from Sp. Laws 1937, No. 539, § 4; (10) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-281. Derived from Sp. Laws 1913, No. 352, § 94; (11) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-282. Derived from Sp. Laws 1935, No. 363; Sp. Laws 1967, No. 197, § 4; Sp. Laws 1969, No. 264, § 2. Editor's Note: See also § 1-283 and Editor's Note: See also § 1-289; (12) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-283. Derived from Sp. Laws 1947, No. 486; (13) current Article V, Part 7 - Tax Commissioners and Board of Relief § 1-284. Derived from Sp. Laws 1935, No. 126.
B.
Planning and Zoning Commission[2];
[2]
NOTE: 2023 repeal of current Article XII entitled "Planning Commission" (replaced by current Chapter 79 of the Ordinances): (1) § 1-367. Derived from Charter Amendment 11-3-1970; effective 1-1-1971). Editor's Note: See Land Subdivision Regulations, Appendix, Part I. Editor's Note: As of July 1974, it was the opinion of the Corporation Counsel that § 1-367 should be interpreted as referring to the Norwalk Planning and Zoning Commission rather than the Norwalk City Planning Commission. See Ch. 79, Planning and Zoning Commission; (2) § 1-368. Derived from Sp. Laws 1947, No. 214, § 2; Sp. Laws 1955, No. 400, § 1. Editor's Note: As of July 1974, it was the opinion of the Corporation Counsel that § 1-368 had been superseded by §§ 79-2, Powers; 79-3, Composition and appointment; 79-4, Alternate members; and 79-5, Terms of office, of Ch. 79, Planning and Zoning Commission; (3) § 1-368.1. Derived from Charter Amendment 11-3-1970; effective 1-1-1971; (4) § 1-368.2. Derived from Charter Amendment 11-3-1970; effective 1-1-1971; (5) § 1-369. Derived from Sp. Laws 1947, No. 214, § 3; (5) § 1-370. Derived from Sp. Laws 1947, No. 214, § 4; Sp. Laws 1955, No. 400, § 2; Charter Amendment 8-17-1976. Historical Editor's Note: Approved by the electorate at the general election held 11-2-1976; (6) § 1-371. Derived from Sp. Laws 1947, No. 214, § 5. Historical Editor's Note: See Appendix, Part I, Land Subdivision Regulations, § 6; (7) § 1-372. Derived from Sp. Laws 1947, No. 214, § 6; (8) § 1-373 A + B. Derived from Added by Charter Amendment 11-3-1970; effective 1-1-1971; (9) § 1-374. Derived from Sp. Laws 1947, No. 214, § 8; (10) § 1-375. Derived from Sp. Laws 1947, No. 214, § 9; (11) current Article XII — Planning Commission § 1-375. Derived from Sp. Laws 1947, No. 214, § 9; (12) current Article XII - Planning Commission § 1-376. Derived from Sp. Laws 1947, No. 214, § 10; (13) current Article XII - Planning Commission § 1-377. Derived from Charter Amendment 11-3-1970, effective § 1-1-1971; and (14) current Article XII - Planning Commission § 1-377.1. Derived from Charter Amendment 11-3-1970, effective § 1-1-1971.
C.
Conservation Commission[3];
[3]
NOTE: NEW (2023). Comment of the 2023 Charter revision commission. At the time of the adoption of this Charter Ord. § 35-2 established a Conservation Commission comprised of 7 members appointed by Mayor and confirmed by Council for a term of 5-years (stagger). The Commission serves inland wetland functions, in accord with Ord. § 35-07 et seq. as well as the administration of the open space fund in accord with Ord. § 35-7 et seq. and -9, respectively.
The Common Council may establish, by Ordinance or as otherwise
may be prescribed by the General Statutes, such additional Boards
and Commissions as are necessary to effectuate the powers and purposes
of the City as enumerated in the General Statutes, Special Acts, and
this Charter.
[1]
NOTE: NEW (2023).
The functions of any Board or Commission required under this
Article may be merged or consolidated with another by Ordinance.
[1]
NOTE: NEW (2023).
