| Chapter 1 | Incorporation and General Powers | Chapter 7 | Town Manager |
| Chapter 2 | Elections | Chapter 8 | Town Administration |
| Chapter 3 | Elective Offices | Chapter 9 | Finance and Taxation |
| Chapter 4 | Town Council | Chapter 10 | The Town Meeting |
| Chapter 5 | Board of Finance | Chapter 11 | Transition and Miscellaneous Provisions |
| Chapter 6 | Appointments By the Town Council |
INCORPORATION AND GENERAL POWERS
1.1 Incorporation
1.1.1 All the inhabitants dwelling within the territorial limits of the Town of Avon, as heretofore constituted, shall continue to be a body politic and corporate under the name of the "Town of Avon", in this charter called the "Town", and, as such, shall:
(b) Hold and may exercise all powers and privileges heretofore exercised by the Town which are not inconsistent with the provisions of this Charter.
(d) Have all powers and privileges conferred upon towns under the general laws of the state of Connecticut, as the same may be amended.
1.2 Continuance of Rights and Obligations
1.3 General Grant of Powers
1.3.1 The Town shall have all powers granted to towns under the Constitution and the General Statutes of the State of Connecticut and all other powers incident to the management of the property, government and affairs of the Town.
ELECTIONS
2.1 General
2.1.1 The election of Federal, State and elective municipal officers and elective members of municipal boards and commissions shall be as prescribed by the Constitution of the United States and of the State of Connecticut, by Federal Statutes and by the General Statutes of the State of Connecticut. The next meeting of the electors of the Town for the election of municipal officers shall be held on the Tuesday after the first Monday of November 1999 and biennially thereafter.
2.2 Voting District
2.4 Breaking a Tie
2.4.1 When any regular or special municipal election conducted pursuant to the provisions of this
Charter results in a tie, if necessary, a special election shall be conducted in the manner
provided by statute to determine who shall be elected, or in the case of a question at a
referendum, whether the question shall pass or fail.
2.5 Vacancies
2.5.1 Unless otherwise provided by law, any vacancy in any elective town office from whatever
cause arising, shall be filled by appointment by the Town Council for the unexpired portion
of the term or until the first day of January next following the next biennial municipal
election, whichever shall be sooner; provided, that when the person vacating the office shall
have been elected as a member of a political party the vacancy shall be filled by the
appointment by the Town Council of a member of the same political party. If the Town
Council fails to fill the vacancy within sixty days from the time of its occurrence it shall be
filled by the board, commission or agency upon which the vacancy exists for the period
ending on the first day of January following the next biennial election. If there is a biennial
municipal election before the expiration of the term of office of any person appointed to any
elective office under the provisions of this section, such office shall be filled by the election
of a person to fill that office for the unexpired portion of the term.
CHAPTER 3
ELECTIVE OFFICES
3.1 General Powers and Duties
3.1.1 Except as otherwise provided in this Charter, all elective town office holders, boards and
commissions shall have the powers and duties prescribed by law.
3.2 Term of Office
3.2.1 The term of office of all municipal elective office holders, except as otherwise provided
herein, shall commence on the first day of January next following their election and shall
continue until their successors shall have been chosen and qualified.
3.3 Town Council
3.4 Board of Education
3.3.1 There shall be an elective Town Council consisting of five members.
3.3.2 The term of office of the members of the Town Council as of the effective date of this
Charter shall be extended to expire on the thirty first day of December 1999.
3.3.3 At the municipal election to be conducted in November 1999 and at each biennial election
thereafter all members of the Town Council shall be elected for a term of two years.
3.4.1 There shall be an elective Board of Education consisting of nine members.
3.4.2 The term of office of the members of the Board of Education whose terms expire on the
thirtieth day of June 1999 as of the effective date of this Charter shall be extended to expire
on the thirty-first day of December 1999. The term of office of the members of the Board of
Education whose terms expire on the thirtieth day of June 2001 as of the effective date of this
Charter shall be extended to expire on the thirty-first day of December 2001.
3.4.3 At the biennial municipal election to be conducted in November 1999 and quadrennially
thereafter there shall be elected five members of the Board of Education for a term of four
years. At the biennial municipal election to be conducted in November 2001 and
quadrennially thereafter there shall be elected four members of the Board of Education for
a term of four years.
3.4.4 At any election for membership on the Board of Education the determination of how many candidates may be nominated by a political party, how many candidates an elector may vote for and the candidate or candidates deemed elected shall be made in accordance with the provisions of Section 9-204b of the General Statutes, as amended.
3.4.5 No member of the Board of Education shall, during the term for which he is elected, hold any other office of profit or position of profit under the government of the Town of Avon, nor may more than two members of such Board serve on the School Building Committee.
3.5 Board of Finance
3.5.1 There shall be an elective Board of Finance consisting of seven members.
3.5.2 The term of office of the members of the Board of Finance whose terms expire on the
thirtieth day of June 1999 as of the effective date of this Charter shall be extended to expire
on the thirty first day of December 1999. The term of office of the members of the Board
of Finance whose terms expire on the thirtieth day of June 2001 as of the effective date of
this Charter shall be extended to expire on the thirty first day of December 2001.
3.5.3 At the biennial municipal election to be conducted in November 1999 and quadrennially
thereafter there shall be elected three members of the Board of Finance for a term of four
years. At the biennial municipal election to be conducted in November 2001 and quadrennially thereafter there shall be elected four members of the Board of Finance for a
term of four years.
3.6 Board of Assessment Appeals
3.6.1 There shall be an elective Board of Assessment Appeals consisting of five members.
3.6.2 The term of office of the members of the Board of Assessment Appeals whose terms expire
on the thirtieth day of June 1999 as of the effective date of this Charter shall be extended to
expire on the thirty first day of December 1999. The term of office of the members of the
Board of Assessment Appeals whose terms expire on the thirtieth day of June 2001 as of this
effective date of this Charter shall be extended to expire on the thirty first day of December
2001.
3.6.3 At the biennial municipal election to be conducted in November 1999 and quadrennially
thereafter there shall be elected three members of the Board of Assessment Appeals for a
term of four years. At the biennial municipal election to be conducted in November 2001
and quadrennially thereafter there shall be elected two members of the Board of Assessment
Appeals for a term of four years.
3.7 Zoning Board of Appeals
3.7.1 There shall be an elective Zoning Board of Appeals consisting of five members.
3.7.2 The term of office of the elected members of the Zoning Board of Appeals whose terms
expire on the thirtieth day of June 1999 as of the effective date of this Charter shall be
extended to expire on the thirty first day of December 1999. The term of office of the elected
members of the Zoning Board of Appeals whose terms expire on the thirtieth day of June
2001 as of the effective date of this Charter shall be extended to expire on the thirty first day
of December 2001.
3.7.3 At the biennial municipal election to be conducted in November 1999 and quadrennially
thereafter there shall be elected three members of the Zoning Board of Appeals for a term
of four years. At the biennial municipal election to be conducted in November 2001 and
quadrennially thereafter there shall be elected two members of the Zoning Board of Appeals
for a term of four years.
3.8 Registrars of Voters
3.8.1 At the state election to be conducted in November 2000 and quadrennially thereafter there
shall be elected two Registrars of Voters in accordance with Sec. 9-190 of the General
Statutes, as amended, for a term of four years.
TOWN COUNCIL
4.1 The Town Council
4.1.1 There shall be a Town Council consisting of five members, hereinafter referred to as the
Town Council the members of which shall serve without compensation. No member of
the Town Council shall, during the term for which such member is elected, hold any
office of profit or position of profit under the government of the Town of Avon.
4.2 Council Chairman
4.2.1 Each Town Council elected subsequent to the adoption of this Charter shall meet on the
second day of the January following its election, and shall choose one of its members to
be Council Chairman, but this office shall not deprive the Council Chairman of a vote on
any question. The Council Chairman shall preside over all meetings of the Town Council
and perform such other duties consistent with such office as may be imposed by the
Town Council. The Council Chairman shall be recognized as the official head of the
Town for all ceremonial purposes and for military purposes. During the Council
Chairman's absence or disability the Council Chairman's duties shall be performed by
another member chosen by the Town Council except as otherwise specifically provided in
this Charter.
4.3.2 The Town Council shall have the duties and powers to:
(a) Enact, amend or repeal ordinances and resolutions, not inconsistent with this Charter or the Charter or the General Statutes. In adopting ordinances, the Town Council is authorized to incorporate by reference thereto in such ordinance any nationally recognized code, rules or regulations, or portions thereof, that have been printed in book form or any code officially adopted by any administrative agency of the State. Upon adoption of any such ordinance wherein any such code, rules or regulations, or portions thereof, have been incorporated by reference, there shall be maintained two copies of such code, rules or regulations in the office of the Town Clerk for examination by the public.
(b) Create or abolish, by resolution or ordinance, boards, commissions, committees,
agencies or offices, subject however to the provisions of the General Statutes and this Charter.
(c) Unless otherwise provided by law, establish, abolish, consolidate or merge, by ordinance, such administrative offices and departments, and divisions thereof, as it shall deem necessary for the furnishing of municipal services and to carry out statutory and Charter requirements.(d) Appoint such town officers, the members of boards, commissions, committees and agencies as may be required or established under the provisions of this Charter or by the General Statutes.
(e) Except as otherwise provided by law, appoint members to any state, regional or intertown board, commission, committee, council or agency on which the Town is entitled to membership.
(f) Establish, by resolution, such study, advisory or consulting committees as the Town Council may determine necessary or proper for the general welfare of the Town. The Town Council may appoint not more than one of its members to each such committee.
(g) Oversee, to the extent allowed by law, the activities of all individuals appointed by the Town Council.
(h) Combine functions and positions of appointive offices except as otherwise provided by law.
(i) Provide for the preservation of good order, peace, health and safety of the Town and its inhabitants. Approve procedures established by the Town Manager for the purchase of services, supplies, materials, equipment and other commodities required by any office or agency of the Town, including the Board of Education, if that Board approves.
(k) Contract for services and the use of facilities of the United States or any federal agency, the State of Connecticut, or any political subdivision thereof, or may, by agreement, join with any such political subdivisions to provide services and facilities.
(l) Accept, by resolution, in the name of the Town, any gift of money or personal property or any interest therein for any public purpose and to provide for the administration of the same for such purpose subject to the terms of the gift.(m) By annual resolution authorize the Avon Board of Education from time to time to accept in the name of the Town any gift of personal property, tangible or intangible, for the use and benefit of the students served by the Board of Education
. (n) After public hearing, accept, by resolution, in the name of the Town any gift of real property or any interest therein for any public purpose and to provide for the administration of the gifted real property subject to the terms of the gift.
(o) Authorize, after public hearing, as hereinafter provided:
(1) the sale or conveyance, with or without consideration, of Town real property or any interest therein used or reserved for Town purposes, or
(2) the purchase of real property or any interest therein for such purposes; provided that, in either instance, the value of such real property or any interest therein is not more than one percent of the current tax levy.
(p) Authorize, after public hearing, the payment pursuant to a final judgement of a court of competent jurisdiction.
(q) Coordinate the activities of Town boards, commissions, committees and agencies and, at the Town Council's discretion, may:
(1) Require any or all Town officials, boards, commissions, committees or agencies to review, plan and coordinate activities and operations with the Town government.
(2) From time to time, convene a joint meeting of such officials, boards, commissions, committees or agencies for such purposes as the Town Council shall deem proper.
(3) From time to time, require such reports to be submitted as the Town Council shall deem proper.
4.4 Procedure
4.4.1 The Town Council shall fix the time and place of its regular meetings and provide a
method for the calling of special meetings. The Town Council shall determine its own
rules of procedure. The presence of three members shall constitute a quorum; however,
no motion, ordinance, resolution or otherwise, except to adjourn or to fix the time and
place of its next meeting, shall be adopted by less than three affirmative votes.
4.5 Ordinance Procedure
4.5.1 Before any ordinance shall be adopted, amended or repealed, at least one public hearing
shall be held by the Town Council. Ten days prior notice of such hearing shall be given
by publication in a newspaper having a circulation in the Town, and by posting in such
public place or places as the Town Council shall, by ordinance, prescribe.
4.5.2 The adoption of such ordinance shall be advertised in one or more newspapers having a
circulation in the Town within ten days after its adoption. Said ordinance shall become
effective twenty-one days after such publication.
4.5.3 All ordinances, after adoption, shall be filed with the Town Clerk and recorded, compiled
and published by the Town Clerk as required by law.
4.6 Public Emergency Ordinances
4.6.1 To meet a public emergency affecting life, health, property, or the public peace, a public
emergency ordinance, stating the facts constituting such public emergency, shall become
effective upon enactment. No public hearing or notice of public hearing shall be required
for any public emergency ordinance. Such public emergency ordinance shall be
advertised in one or more newspapers having a circulation in the Town within five days
of its adoption. Every such public emergency ordinance, including any amendments
thereto, shall automatically stand repealed at the termination of the sixty-first day
following adoption of said ordinance; provided, however, that if action has been initiated
on the same subject matter providing for a permanent ordinance under Sec. 4.5 hereof
prior to such sixty-first day, then such public emergency ordinance shall remain in full
force and effect until final action is taken on said permanent ordinance.
4.7 Fiscal Year
4.7.1 To the extent permitted by law, the Town Council shall have power to
adjust the fiscal year of the Town to coincide with the tax year or to adjust
either or both to the end that they may coincide.
4.8 Duties of the Town Council on Budget
4.8.1 The Town Council shall have such duties with respect to finance and taxation as are
hereinafter provided.
4.9 Duties Of The Town Council On Charter
4.9.1 At least every ten years the Town Council shall consider whether or not to appoint a
commission to review and propose revisions to the Town Charter.
CHAPTER 5
BOARD OF FINANCE
5.1 Board of Finance
51.1 The Board of Finance members shall serve without compensation. At all meetings of such
Board four members shall constitute a quorum and the concurrence of not less than three
votes shall be necessary for the transaction of business. No member during the term of office
for which he is elected shall hold any elective office or appointive office of profit under the
government of the Town of Avon.
5.2 General Duties
5.2.1 The Board of Finance shall have such duties with respect to finance and taxation as are
hereinafter provided.
5.3 Annual Audit
5.3.1 The Board of Finance shall annually designate an independent public accountant or firm of
independent public accountants to audit the books and accounts of the Town as provided by
law.
APPOINTMENTS BY THE TOWN COUNCIL
6.1 Appointive Offices. Boards. Commissions and Panels Qf Alternates
6.1.1 The Town Council shall appoint:
(a) A Director of Health, appointed in accordance with the provisions of the General Statutes.
(b) A Fire Marshal, appointed in accordance with the provisions of the General Statutes.
(c) (i) An individual or law firm as Town Attorney. In the case of an individual the individual shall be an attorney-at -law in good standing admitted to practice law in Connecticut. In the case of a law firm, the members of the firm shall be attorneys-at-law in good standing admitted to practice law in Connecticut.
(ii) In the event of the appointment of a law firm to serve as Town Attorney, the firm shall designate a member of the firm, acceptable to the Town Council, as the Principal Town Attorney, who shall serve as the primary contact and the individual of primary responsibility in the relationship of the law firm with the Town. The Principal Town Attorney may, with the consent and approval of the Town Council, designate one or more attorneys-at-law at the firm as an Assistant Town Attorney to perform any of the duties incumbent upon the law firm serving as Town Attorney. The term of an Assistant Town Attorney so designated shall be co-terminus with that of the Town Attorney.(iii) In the event of the appointment of an individual to serve as Town Attorney, the Town Council may, from time to time, and at the discretion of the Town Council, appoint one or more Assistant Town Attorneys who may or may not be a member of, or be associated with a law firm of which the Town Attorney is a member. The term of any Assistant Town Attorney so appointed shall be co-terminus with that of the Town Attorney.
(iv) No Town Attorney, no Assistant Town Attorney and no attorney-at-law at a firm with which the Town Attorney, or an Assistant Town Attorney, is associated in any manner shall simultaneously hold any elected or appointed office or position under the government of the Town of Avon.
(v) The Town Attorney shall:
(a) Appear for and protect the rights of the Town in all actions, suits or proceedings brought by or against it or any of its officers or agencies.
(b) With approval of the Town Council based on criteria determined by said Town Council appear for and protect the rights of individual officers, members of boards, commissions, committees and agencies in all actions, suits or proceedings brought by or against them.
(c) Be the legal advisor to all Town boards, commissions, committees, agencies, departments and offices, in all matters affecting the Town.
(d) Upon request, and with the approval of the Town Council or Town Manager, furnish a written opinion on any question of law.
(e) Upon request, and with the approval of the Town Council or the Town Manager, prepare or approve forms of contracts or other instruments to which the Town is a party or in which it has an interest.
(f) Have power, with the approval of the Town Council, to compromise decisions and judgments.(d) A Town Treasurer.
(e) Two constables.
(f)(i) A Planning and Zoning Commission consisting of seven members, exclusive
of non-voting members.(ii) The term of office of the members of the Planning and Zoning Commission whose terms expire on the thirtieth day of June 1999, as of the effective date of this Charter, shall be extended to expire on the thirty-first day of December 1999. The term of office of the members of the Planning and Zoning Commission whose terms expire on the thirtieth day of June 2001, as of the effective date of this Charter, shall be extended to expire on the thirty-first day of December 2001.
(iii) The Town Council elected at the November 1999 municipal election shall appoint four members of the Planning and Zoning Commission for a four year term commencing the first day of January 2000 and expiring the thirty-first day of December 2003. Quadrennially thereafter, four successor members of the Planning and Zoning Commission shall be appointed for four year terms.(iv) The Town Council elected at the November 2001 municipal election shall appoint three members of the Planning and Zoning Commission for a four year term commencing the first day of January 2002 and expiring on the thirty-first day of December 2005. Quadrennially thereafter, three successor members of the Planning and Zoning Commission shall be appointed for four year terms.
(g) A panel of three alternate members to the Planning and Zoning Commission.
(h) A panel of three alternate members to the Zoning Board of Appeals.
(i)(i) A Building Code Board of Appeals consisting of five members.
(ii) The terms of office of the members of the Building Code Board of Appeals shall be for four years commencing on the first day of January 2000 and quadrennially thereafter.
(iii) The term of office of the members of the Building Code Board of Appeals whose terms expire on the thirtieth day of June 1999, as of the effective date of this Charter, shall be extended to expire on the thirty-first day of December 1999.(j)
(i) A Water Pollution Control Authority consisting of five members.
(ii) The term of office of the members of the Water Pollution Control Authority shall be for four years, two of which shall commence on the first day of January 2000, and quadrennially thereafter, two of which shall commence on the first day of January 2002, and quadrennially thereafter, and one of which shall commence on the first day of January 2003, and quadrennially thereafter.
(iii) The term of office of the members of the Water Pollution Control Authority whose terms expire on the thirtieth day of June 1999, whose terms expire on the thirtieth day of June 2001 and whose term expires on the thirtieth day of June 2002, as of the effective date of this Charter, shall be extended to expire on the subsequent thirty-first day of December.
(k) Such other officers, members of boards, commissions, panels of alternates and the like as the Town Council shall deem appropriate.
6.2 Terms Of Office
6.2.1 Unless otherwise provided by law or this Charter, each appointee of the Town Council shall
serve for a two year term concurrent with the terms of the members of the Town Council
making the appointment.
6.2.2 All appointees shall take office on the day of appointment and shall serve until their
respective successors shall have been appointed and shall have qualified.
6.3 Vacancies
6.3.1 Any vacancy in an appointive Town office, board, commission or panel of alternates under this chapter shall be filled by appointment by the Town Council for the unexpired portion of the term.
6.4 General Powers and Duties
6.4.1 Except as the Town Council may lawfully restrict or prescribe, all appointed officers, board, commission and panel of alternate members shall have all the powers and duties prescribed by law.
7.1 Appointments, Qualifications and Removal
CHAPTER 7
TOWN MANAGER
7.1.1 The Town Council shall appoint a Town Manager for an indefinite term and shall fix the Town Manager's compensation. The Town Manager shall be appointed taking into account executive and administrative qualifications. The Town Manager need not be a resident of the Town or State at the time of appointment, but may reside outside the Town, while in office, only with the approval of the Town Council.
7.1.2 The Town Council may remove the Town Manager provided such removal is by affirmative vote of a majority of the members of the Town Council and in accordance with the procedures of Sec. 11.4. 1.
7.2 Responsibility and Authority
7.2.1 The Town Manager shall be the chief administrative official of the Town. The Town Manager shall have such responsibility and authority as shall be vested in the Town Manager or delegated to the Town Manager by the General Statutes, this Charter and the Town Council. In fulfillment of the Town Manager's duties and responsibilities, the Town Manager shall be directly responsible to the Town Council. The Town Manager shall also be directly responsible to the Town Council for the administration of all offices and departments, and divisions thereof, directed by persons appointed by the Town Manager.7.3 Duties of the Town Manager
7.3.1 The Town Manager shall have such powers and duties prescribed by the General Statutes for the chief executive officer of a municipality and such other powers and duties as this Charter shall provide or the Town Council shall authorize.
7.3.2 Without limiting the foregoing, the Town Manager shall have the following duties:
(a) To supervise and direct the activities of those appointed by the Town Manager,
(b) To keep full and complete records of the activities of the Town Manager's office.
(c) To ensure that all laws and ordinances of the Town are faithfully executed.
(d) To make periodic reports to the Town Council and to attend the meetings thereof with full right of participation in its discussions.(e) To prepare and cause to be printed, as soon as possible after the close of the fiscal year, an Annual Town Report.
(f) To recommend to the Town Council such measures as the Town Manager shall deem necessary or expedient.
(g) To keep, or cause to be kept, complete books of accounts, showing the financial condition and financial transactions of the Town, including accounts of all funds and appropriations and such other accounts and records not specifically required by law to be kept by other officers, as may be prescribed by the Town Council.
(h) To purchase, or cause to be purchased, subject to such procedures as shall be approved by the Town Council, all services, supplies, materials, equipment and other commodities required by any office or agency of the Town.
(i) To keep the Town Council fully advised as to the financial condition of the Town.(j) To prepare and submit to the Town Council, as directed, an annual budget and capital improvement program.
(k) To approve departmental procedures, rules and regulations as may be required by this Charter.
(l) To make those appointments authorized by law or this Charter, and to remove same in accordance with the Town Personnel Policy.
(m) Subject to the approval of the Town Council to prepare and keep current the Personnel Policy as required by this Charter.
7.4 Acting Town Manager
7.4.1 The Town Manager shall appoint, subject to the approval of the Town Council, a qualified Town administrative official as Acting Town Manager to exercise the duties of the Town Manager during temporary absence or disability of the Town Manager.7.4.2 If the Town Manager fails to make such an appointment, the Town Council shall appoint an Acting Town Manager.
7.4.3 In the event the Acting Town Manager does not exercise the duties of the Town Manager
because of temporary absence or disability, the Town Council may appoint a qualified town
administrative official as Acting Town Manager for the duration of such temporary absence
or disability.
7.4.4 In the event the Acting Town Manager, having been appointed by the Town Manager does
not so exercise the duties of the Town Manager in a manner satisfactory to the Town
Council, the Town Council may terminate said appointment and appoint a qualified town
administrative official as Acting Town Manager.
7.5 Town Manager Appointments
7.5.1 The Town Manager, with the approval of the Town Council, shall appoint for an indefinite
term and may remove:
7.5.2 In addition, the Town Manager shall make those appointments otherwise provided for in Chapter Eight.(a) A Tax Collector.(b) A Town Clerk.
TOWN ADMINISTRATION
8.2 Personnel Policy(a) Each office and department, and division and activity thereof shall be administered by an officer appointed by, and subject to the supervision and direction of, the Town Manager.
(b) With the consent of the Town Council, the Town Manager may:
(1) Serve as the head of one or more offices or departments, and divisions thereof.(c) The head of each office or department, shall, with the approval of the Town Manager;(2) Appoint one person as the head of two or more of them.
(1) Make such rules and regulations for the operation of same as may be reasonable.
8.2.1 For purposes of this section, the term "Town Service" shall be deemed to include all Town employees.
8.2.2 The personnel rules prepared by the Town Manager shall, by resolution, be adopted by the
Town Council with or without amendment. Said rules may thereafter be revised in the same
manner. Said rules shall, at least, provide for:
(a) Classification of all positions of employment within the Town Service based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position warranted by changed circumstances.(b) A pay plan for all Town Service positions.
(c) Methods for determining the merit and fitness of candidates for appointment or promotion.
(d) Policies and procedures regulating reduction in force and the removal of employees.
(e) Hours of work, attendance regulations and provisions for sick, vacation and other
leave.(f) Policies and procedures governing persons holding provisional appointments.
(g) Policies regarding in-service training programs.
(h) Grievance procedures.
(i) Standards of Conduct.
8.2.3 Except as otherwise provided in the Charter, the Town Manager or his authorized agent shall make all appointments to, and removals from, the Town Service.
8.2.4 All appointments and promotions of employees in the Town Service shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
FINANCE AND TAXATION
town funds, or for which a specific Town appropriation is made, including the Chairman of the Board of Education shall, on or before February 15, file with the Town Manager on forms provided by the Town Manager, expenditure requests of that office or agency and the revenue, other than tax revenues, to be collected thereby in the ensuing fiscal year. (c) Expenditure requests, except the requests of the Board of Education, shall be submitted in accordance with a budget classification plan formulated by the Town Manager with the approval of the Town Council and the Board of Finance. Expenditure requests of the Board of Education shall be submitted in accordance with a budget classification plan formulated by the Board of Finance and approved by the Town Council. Such requests shall be accompanied by data setting forth a program or programs showing services, activities and work accomplished during the current year and to be accomplished during the ensuing year.(b) The head of each office or agency of the Town supported wholly or in part from
(d) Any office or agency shall include as part of its requests, estimates of the cost of
proposed capital improvement projects for the ensuing fiscal year and four fiscal years thereafter. Such requests and estimates shall be in the form and at such time as prescribed by the Town Manager. 9.2 Duties of the Town Manager on Budget
9.3 Duties of the Town Council on Budget
9.3.1
(a) On or before April 1 the Town Council shall present and recommend to the Board
of Finance the budget for the ensuing fiscal year prepared and presented by the Town Manager pursuant to Sec. 9.2 with such modifications as the Town Council deems appropriate. As respects the budget proposal of the Board of Education, such alterations or changes shall be in the form of recommendations.(b) A copy of the budget as recommended by the Town Council shall be available for public inspection at the office of the Town Manager.
9.4 Duties of the Board of Finance: Annual Budget Meeting
9.4.1
9.4.2 Rejection of Budget(a) The Board of Finance shall hold one or more public hearings not later than three weeks before the Annual Budget Meeting at which any elector or taxpayer may have an opportunity to be heard regarding the budget for the ensuing year.
(b) After the Board of Finance public hearing or hearings, and after consultation with the Town Council and the Board of Education, the Board of Finance shall make those revisions in the budget as the Board of Finance deems desirable and shall recommend the budget so revised to the Annual Budget Meeting. Summary copies of the budget showing estimated revenues by major sources and recommended appropriations by office or agency shall be available in sufficient numbers for public distribution at the office of the Town Manager and at the public hearing or hearings.
(c) The revised budget as submitted to the Annual Budget Meeting shall not be in less detail than the recommended totals for each office or agency. Sufficient copies of the budget to be presented to the Annual Budget Meeting shall be available to the public in the office of the Town Manager, and at least five days prior to the Annual Budget Meeting the Board of Finance shall cause to be published in a newspaper having a circulation in the Town, a summary of the budget showing estimated revenues by major sources and recommended appropriations by major sources.
(e) At the conclusion of the discussion on the resolution for the adoption of the budget recommended by the Board of Finance to the Annual Budget Meeting, the moderator shall adjourn the Annual Budget Meeting to a date certain on a weekday not less than 7 days nor more than 14 days thereafter for a referendum vote by voting machine by those eligible by law to cast ballots for that purpose. All ballots shall be cast in accordance with the provisions of the General Statutes.
(d) The Annual Budget Meeting shall receive and consider a resolution for the adoption of the budget recommended by the Board of Finance pursuant to Section 9.4. 1(b).
(f) If the majority of the ballots cast at any referendum of the adjourned Annual
Budget Meeting on a budget recommended by the Board of Finance shall be "Yes" the budget shall be deemed approved as of the date of such affirmative vote.(g) An official copy of the approved budget at any referendum setting forth appropriations in accordance with the budget classification established under Sec. 9. 1.1 shall be filed by the Board of Finance with the Town Clerk within one week following such approval.
(h) Within ten days after the approval of the budget at any referendum, the Board of Finance shall fix the tax rate in mills which shall be levied on the taxable property in the Town for the ensuing fiscal year. In accordance with the provisions of Chapter 108 of the General Statutes, as amended, the Board of Finance may levy annually a tax not to exceed two mills to be assessed upon the taxable property in the Town at the same time as the regular annual taxes for Town expenses for the benefit of a fund to be known as the "Capital and Non-Recurring Expenditure Fund" established for the purpose of paying the cost of capital improvements for which the Town is authorized to issue bonds and for no other purpose.
(i) The Board of Finance shall have the power to transfer from time to time to this fund any portion of the resources of the general fund not otherwise appropriated.
Appropriations for construction or for other permanent improvements, from whatever source derived, shall not lapse until the purpose for which the appropriation was made shall have been accomplished, or abandoned by action by the Board of Finance or by Town Meeting, whichever authorized the original appropriation provided any project shall be deemed to have been abandoned if three fiscal years shall elapse without an expenditure from or encumbrance of the appropriation therefor.
(a) Subject to the provisions of Section 9.4.4, in the event the majority of the ballots cast at a referendum conducted pursuant to Section 9.4. l(e) or conducted pursuant to Section 9.4.2(c)(ii) shall be "No" the Annual Budget Meeting shall e deemed to be further adjourned to a date certain to be designated by the Town Council in accordance with Section 9.4.2(c)(i), except as prohibited by Section 9.4.3.
(b) Within 20 days after a vote at referendum which results in the rejection of a budget recommended by the Board of Finance pursuant to either Section 9.4. 1(b) or pursuant to Section 9.4.2(b)(iii) the Board of Finance shall:
9.4.3 No more than two referenda may be conducted on budgets recommended by the Board of Finance to the Town Council pursuant to Section 9.4.2(b)(iii) for the same fiscal year.(c) Upon receipt from the Board of Finance of a recommended budget pursuant to Section 9.4.2(b)(iii) the Town Council shall:
(i) designate a date for a vote at referendum on a budget recommended by the Board of Finance pursuant to Section 9.4.2(b)(iii), which date shall be not more than 30 days after the vote on the budget rejected at the immediately prior referendum
(ii) instruct the Town Clerk to publish a timely call for a vote at referendum on a budget recommended by the Board of Finance on the date designated by the Town Council pursuant to Section 9.4.2(c)(i) by those eligible by law to cast ballots for that purpose, which call shall set forth the recommendation of the Board of Finance made pursuant to Section 9.4.2(b)(iii).
9.4.4 If the number of persons voting at any referendum conducted pursuant to this Chapter shall be less than nine percent (9%) of the electors of the municipality, as determined by the last completed active registry list, the budget voted upon shall be deemed approved notwithstanding that a majority of the votes cast shall be for rejection of the budget.
9.5 Expenditures and Accounting
9.5.1
(a) No purchase shall be made by any office or agency of the Town other than the Board of Education except with the approval of the Town Manager or authorized agent.
(b) No voucher, claim or charge against the Town by other than the Board of Education shall be paid until the same has been approved by the Town Manager or authorized agent. No voucher, claim or charge against the Board of Education shall be paid until the same has been approved by the Superintendent of Schools or authorized agent. Checks for the payment of approved claims other than those against the Board of Education shall be drawn by the Town Manager and shall be valid only when countersigned by the Treasurer or authorized agent. In the absence or inability to act of either the Town Manager or the Treasurer, with respect to the above duty, the Council chairman is authorized to substitute against the Board of Education shall be drawn by the Superintendent of Schools or authorized agent and shall be valid only when countersigned by the Treasurer or authorized agent. In the absence or inability to act of either the Superintendent of Schools or authorized agent or the Treasurer with respect to the above duty, the Chairman of the Board of Education is authorized to substitute temporarily for either but not both of them. Any provisions of this Charter to the contrary notwithstanding, the Town Manager or authorized agent may exercise the powers vested in the Superintendent of Schools or authorized agent with respect to purchasing, the approval of vouchers, claims or charges against the Board of Education, and the drawing of checks to pay approved claims, but only if and to the extent and for the period requested by the Board of Education and approved by the Town Council.
(c) The Town Manager or authorized agent shall prescribe the time at which and the manner in which persons receiving money on account of the Town shall pay the same to the Town Treasurer.(d) The several offices and agencies of the Town shall not obligate the Town to spend money for any purpose in excess of the amount appropriated for such office or agency; provided, when any office or agency except the Board of Education shall desire a transfer of funds between its appropriations such office or agency shall, with the approval of the Town Council, make application to the Board of Finance whose duty it shall be to examine into the matter, and upon its approval such transfer may be made except that said Board of Finance may, by resolution, delegate to the Town Council all or any part of its authority to examine into and approve such transfers. Authority delegated to the Town Council to transfer between appropriations for such office or agency shall not exceed 1/10 of 1 % of the current Town Operating Budget.
(e) Additional appropriations over and above the total budget may be made from time to time by the Board of Finance upon favorable recommendation of the Town Council and certification from the Town Manager that there are available unappropriated general fund resources in excess of the proposed additional appropriations.
(f) Upon the request of the Town Council, the Board of Finance may, by resolution, transfer any unencumbered appropriation or portion thereof from one office or agency to another, except that said Board of Finance may, by resolution, delegate to the Town Council all or any part of its authority to examine into and approve such transfer. Authority delegated to the Town Council to transfer any unencumbered appropriation or portion thereof from one office or agency to another shall not exceed 1/10 of 1 % of the current Town Operating Budget.
(g) Emergency appropriations not exceeding an amount four percent of the current tax levy in any one fiscal year may be made upon the favorable recommendation of the Town Council to the Board of Finance and by vote of not less than four members of said Board of Finance for the purpose of meeting a public emergency which threatens the lives, health or property of citizens. In the absence of available unappropriated general fund resources to meet such appropriation, the Board of Finance shall provide additional means of financing in a manner consistent with the provisions of the general statutes and of this Charter.
(h) Each order drawn upon the Treasurer shall state the office or agency or the appropriation against which it is to be drawn.
(i) Every payment made in violation of the provisions of this Charter shall be deemed illegal and every official authorizing or making such payment or any part thereof shall be jointly and severally liable to the Town for the full amount so paid or received. If any appointive officer or employee of the Town shall knowingly incur any obligation or shall authorize or make any expenditure in violation of the provisions of this Charter or take part therein, such action may be the cause for removal.
9.6 Borrowing
9.6.1 The Town shall have the power to incur indebtedness by issuing bonds or notes as provided in the General Statutes subject to the limitation thereof and the provisions of this Charter.
THE TOWN MEETING
10.1 Annual Budget Meeting and Other Town Meetings
10.1.1 A town meeting for the consideration of the budget, the Annual Budget Meeting, and the
transaction of other town business shall be held on the first Monday in May. Other town
meetings shall be called by the Town Council only in accordance with the provisions of this
Charter and in the manner provided by the General Statutes. The Annual Budget Meeting
and other town meetings may be adjourned from time to time.
10.2 Procedure
10.2.1 All town meetings, including the Annual Budget Meeting, shall be called to order by the
chair of the Town Council or authorized representative. A moderator shall be elected and
all business conducted in the manner provided by the General Statutes, except as in this
Charter otherwise provided. The Town Clerk shall serve as clerk of all town meetings but
in the absence of the Town Clerk an acting clerk may be designated by the meeting.
10.3 Action by Town Meeting
10.3.1
(a) Action by a town meeting, without vote pursuant to 10.3.3(c) shall be required for the adoption of.
(1) Any resolution making an appropriation of more than one percent (1 %) of the current tax levy but less than one-tenth (1/10) of one percent (1%) of the current grand list.(2) Any resolution authorizing the issuance of bonds or notes or other borrowing, except as provided in 10.3.4, if less than one tenth (1/10) of one percent (I%) of the current grand list.
(3) Any resolution providing for the sale of Town real property or any interest therein, the selling price of which is more than one percent (1%) of the current tax levy.
(4) Any resolution providing for the purchase of real property or any interest therein the purchase price of which is more than one percent (1%) of the current tax levy.
(c) Except as provided in 10.3.5, and except for any resolution presented to a town meeting pursuant to 10.3.7, no resolution under 10.3. 1 (a) above shall be considered by a town meeting until it has been recommended by the Town Council and until it has received the approval of the Board of Finance.10.3.2 Action by a town meeting, exclusive of the Annual Budget Meeting or unless otherwise provided in this Charter, may be taken upon any resolution placed upon the call for a town meeting pursuant to the provisions of this Charter.(d) With the exception of the annual budget at the Annual Budget Meeting, a town meeting may increase the amount of any appropriation above the amount recommended by the Town Council or make an appropriation not recommended by
the Town Council, provided either such action shall require the affirmative vote of a two-thirds majority of the eligible voters voting thereon, which majority shall consist of at least one hundred and fifty voters. No town meeting shall increase the amount of any bond issue above the amount recommended by the Town Council.
(a) Action by a town meeting with vote pursuant to (c) hereafter shall be required for:
(1) Any resolution making an appropriation one tenth (1/10) of one percent (1%) of the current grand list or more.
(2) Any resolution authorizing the issuance of bonds or notes or other borrowings, except as provided in 10.3.5, of one tenth (1/ 10) of one percent (%) of the current grand list or more.
(b) Except as provided in 10.3.5, no resolution under 10.33(a) above shall be considered by a town meeting until it has received the approval of the Board of Finance.
(c) After the consideration of a resolution under 10.33(a) the moderator shall adjourn the town meeting for a vote upon the resolution at a reconvened town meeting to be held not less than thirty (30) days after consideration. The resolution shall become effective only after it has been submitted to those persons qualified to vote "yes" or "no" on the voting machine or by absentee ballot as provided in the general statutes, as amended. At the closing of the polls the moderator shall cause the vote to be counted and the resolution shall, if approved by a majority of those voting thereon, be deemed to be a vote of the town meeting.
10.3.4 Action by a town meeting, unless otherwise provided in this Charter, may be taken upon any resolution placed upon the call for a town meeting pursuant to the provisions of this Charter:
(a) provided for in 10.3.1(a)(1), (a)(2), (a)(3), and (a)(4), without vote in the manner provided in 10.3.3(c) after the same has been before the Town Council or the Board of Finance for sixty (60) days without action by either body.
(b) provided for in 10.3.3(a)(1) and (a)(2) with vote in the manner provided in 10.3.3(c) after the same has been before the Town Council or the Board of Finance for sixty (60) days without action by either body.
10.3.5 Action by a town meeting shall not be required for any resolution provided for in 10.3. 1 (a)(1) or (a)(2) or provided for in 10.3.3 (a) (1) or (a) (2) the purpose of which is to enable the Town to make payment pursuant to a final judgment of a court of competent jurisdiction.
10.3.6 The Town Council may at its discretion require any proposal it may deem of sufficient importance be submitted to those entitled to vote by law at the Annual Budget Meeting or at any town meeting called for that purpose and that proposal shall become effective only after it has been approved by a majority of those eligible to vote thereon at the town meeting.
10.3.7 Any other item or resolution, not provided for in 10.3.1 and 10.3.3, with the exception of the annual budget, on the call of any town meeting, may, if the Town Council deems it advisable, be submitted to a vote on the voting machines pursuant to 10.3.3(c).
10.4 Petition for Overrule of Action of Town Council
10.5 Petition for Enactment of Ordinances
10.5.1
a) Subject to the provisions of 10.3.1 hereof, not less than ten percent of the voters of the Town, as determined from the latest official lists, may at any time petition under their personal signatures for the enactment of any proposed lawful ordinance by filing a petition, including the complete text of the proposed ordinance, with the Town Clerk. The Town Council shall call a town meeting, to be held within thirty days from the date of filing, unless prior to the date of the town meeting such ordinance shall be enacted by the Town Council. The call for the meeting shall state the proposed ordinance in full and shall provide for a "yes" or "no" vote as to its enactment. If a majority of the persons entitled to vote and voting at the town meeting shall vote "yes" then the ordinance shall take effect on the tenth day thereafter without further action of the Town Council.
(b) The proposed ordinance shall be examined by the Town Attorney before being
submitted to town meeting. The Town Attorney is authorized to correct the form of such ordinance for the purpose of avoiding repetitions, illegalities and unconstitutional provisions, and to assure accuracy in its text and references and clearness and preciseness in its phraseology, but not materially changing its meaning and effect.
TRANSITION AND MISCELLANEOUS PROVISIONS
1.1.2 No member of the Town Council or the Board of Education shall hold any Town office or Town position of remuneration.
11.1.3 No member of any board or commission of the Town shall hold any office or position of
remuneration which is under the jurisdiction of said board or commission.
11.2 Terms of Office For Standing Bodies
11.2.1 Minority representation on any elective or appointive board, commission, committee,
panel of alternates or similar body of the Town, including the Town Council, shall be
determined in accordance with the provisions of Section 9-167a of the General Statutes,
as amended.
11.2.2 Except as may otherwise be provided by the General Statutes or this Charter, the
membership of all standing elective or appointive boards, commissions, committees,
panels of alternates or similar bodies of the Town with an expected life in excess of
three years from the time of creation, shall be uneven in number. The terms of office
thereof, unless otherwise provided in this Charter, shall be for either two years or four
years.
11.2.4 At the time of creation of any such body, terms expiring with the expiration of the term of the incumbent Town Council may be established for not more than a bare majority thereof, with the balance of the terms expiring subsequent to the expiration of the term of the incumbent Town Council, so that, thereafter, there shall be elected or appointed, as the case may be, alternately, members on said body constituting one less than a bare majority, and then a bare majority.
11.3 Terms of Office for Special Purpose Bodies11.4 Removals
11.4.2 In the event such removal notice shall not specify the grounds for removal, said officer or member shall, upon written request to the appointing authority within ten days from the date of receipt of the removal notice, be immediately given notice in writing of the specific grounds of removal.
11.4.3 The absence of such appointee from at least one-half of the regular meetings during the preceding twelve months shall constitute cause for removal, without hearing.
11.4.4 Except as provided in Section 11.4.3, and if requested, either in the request for specific
grounds or in a subsequent written request submitted to the Town Council within five
days from the receipt of such specific grounds, said officer or member shall be given
written notice from the Town Council setting forth the time and place of an opportunity
to be heard in defense of said officer or member, personally or by counsel, at a public
hearing before the Town Council. Such hearing shall be held not less than five nor
more than twenty days after the receipt of such request for hearing and a decision shall
be made thereon within 20 days after such hearing.
11.5 Contributions
11.6 Existing Laws and Ordinances
11.7 Official Bonds
11.8 Gender
11.9 Parliamentary Procedure
11.10 Amendment of this Charter
11. 2 Transfer of Power
11.13 Effective Date
11.5.1 No contribution having a value in excess of 1 / 100 of 1 % of the Town's Operating
Budget shall be made to any charitable or not for profit organization, unless the Town,
at the option of the Town Council, is entitled to be represented on the governing Board
of the organization by one or more persons designated by the Town Council and unless
the Town shall be entitled to conduct an audit of the books and records of the
organization at any time at the expense of the Town.
11.6.1 All general laws applicable to the Town and all ordinances and by-laws of the Town
shall continue in full force and effect, except as they are inconsistent with the
provisions of this Charter. All special acts or parts of special acts relating to the Town
are repealed with the exception of those not inconsistent with the provisions of this
Charter.
11.7.1 Authority is given for the purchase of a blanket bond conditioned upon honesty and/or
faithful performance of official duties on those officials required by the Town Council
or the Town Meeting to post a surety company bond. Premiums for any such bond
shall be paid by the Town.
11.8.1 When the context so requires, the masculine gender shall include the feminine, the
feminine shall include the masculine, and the singular shall include the plural, the plural
the singular.
11.9.1 Each Town board, commission, committee or similar body of the Town shall be
authorized to adopt rules of procedure by a majority vote of its membership. In the
event of a failure to adopt such rules, Robert's Rules of Order shall prevail.
11.10.1 This Charter may be amended in the manner prescribed by law.
11.11 Saving Claus
11.11.1 If any section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter, nor the
context in which such section so held invalid may appear, except to the extent that an
entire section or part of a section, may be inseparably connected in meaning and
effect with the section or part of the section to which such holding shall directly
apply.
The powers which are conferred and the duties which are imposed upon any
commission, board, department or office under the General Statutes or any ordinance or
regulation, in force at the time this Charter shall take effect, shall be thereafter
exercised and discharged by the commission, board, department or office upon which
are imposed corresponding or like functions, powers and duties under the provisions of
this Charter. All commissions, boards, departments or offices abolished by this
Charter, whether elective or appointive, shall continue in the performance of their
duties until provision shall have been made for the discontinuance of such commissions,
boards, departments or offices and the performance of their duties by other
commissions, boards, departments or offices created under this Charter and until the
Town Clerk shall have notified the members of such commissions, boards, departments
or offices as are abolished by this Charter that their successors have qualified.
This Charter shall become effective on November 3, 1998.
Updated June 1, 2001