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Oct 112017
 

Article III

Board of Selectmen

Section 3.1. Board of Selectmen:

There shall be a Board of Selectmen consisting of the First Selectman and five Selectmen, all of whom shall be elected as hereinafter provided.

Section 3.2. General Powers and Duties:

Except as otherwise specifically provided by this Charter, the Board of Selectmen shall have all the powers and duties conferred upon it by the Constitution, General Statutes and Special Acts of the State upon Boards of Selectmen.

The Legislative power of the Town shall be vested in the Board of Selectmen, and the Board of Selectmen shall be the legislative body of the Town with residual legislative authority as to all matters except those matters specifically enumerated and vested in the Town Meeting by this Charter.

Subject to the provisions of this Article III, the legislative power of said board shall include but shall not be limited to the following powers: to enact, amend or repeal ordinances not inconsistent with this Charter or the General Statutes of the State; to create or abolish, by ordinance, boards, commissions, departments, agencies and offices; to contract for services and the use of facilities of the United States or of any federal agency, the State of Connecticut or any political subdivision thereof, or by agreement join with any such political subdivision to provide services and facilities, and to fix the charges, if any, to be made for services rendered by the Town or for the execution of powers vested in the Town as provided in Article I of this Charter.

Section 3.3.

The Board of Selectmen shall meet at least once in each month, unless any such monthly meeting shall be waived by a unanimous vote of all the Selectmen. Additionally, the Board of Selectmen shall meet at the call of the First Selectman or at the call of four (4) members of the Board of Selectmen acting together, at such time and place as is stated in the call to transact such business as shall be before it. A majority of members of the Board of Selectmen shall constitute a quorum for transaction of business.

Section 3.4. Public Hearing on and Publication of Ordinances:

At least one public hearing shall be held by the Selectmen before any ordinance shall be passed. Notice of the hearing shall be given at least ten (10) days in advance by publication in a newspaper having a circulation in the Town and by posting a notice in a public place.

The enactment of an ordinance shall require the vote of a majority of the entire Board of Selectmen. On the advice of Town Counsel, minor or perfecting amendments may be made in a proposed ordinance without further public hearing. Every ordinance, after passage, shall be filed with the Town Clerk, and recorded, compiled and properly indexed. Within ten days after passage, notice of the passage of the ordinance shall be published once in a newspaper having circulation within the Town. Every ordinance, unless it shall specify a later date, shall become effective on the twenty-first (21st) day after such publication of the notice of passage, except as otherwise provided in Section 3.5 herein.

Section 3.5. Petition of Overrule of Action of Selectmen:

All ordinances, except emergency ordinances adopted in accordance with the provisions of Section 3.7 herein, shall be subject to overrule by referendum as follows: If within twenty (20) days after the publication of any such ordinance, a petition is filed conforming to the requirements of Section 7-9 of the General Statutes, as amended, and signed by not less than 5% of the electors of the Town, as determined from the latest official lists of the Registrars of Voters as filed with the Town Clerk, requesting reference of the ordinance to a referendum, the effective date of such ordinance shall be suspended and the Selectmen shall fix the time and place of such referendum which shall be within forty-five (45) days after the filling of the petition, and notice thereof shall be given in the manner provided by law for the calling of a referendum. Said enactment shall take effect unless a majority of those voting in the referendum shall have voted to overrule said enactment, provided however, that if the referendum is held at other than a regular election, said majority to overrule must equal at least 15% of those entitled to vote. No steps to enforce said enactment shall be taken until the time for filing said petition has passed, or, if such a petition has been filed until after the referendum has been held and said enactment has been upheld.

Section 3.6. Petition for Enactment of Ordinances:

Subject to the provisions of Article II, Section 2.6, not less than 5% of the electors of the Town, as determined from the latest official lists of the Registrars of Voters, may at any time petition over their personal signatures for the enactment of any proposed lawful ordinance by filing such petition, including the complete text of such ordinance, with the Town Clerk. At least one public hearing shall be held by the Selectmen on the proposed ordinance, notice of which shall be given at least ten (10) days in advance by publication in a newspaper having a circulation in the Town and by posting a notice in a public place. The Selectmen shall call a referendum, to be held after the hearing and in any event not later than forty-five (45) days from the date of the filing of the petition, unless prior to such referendum such ordinance shall be enacted by the Selectmen. The call for such referendum 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 voting at such referendum shall vote “yes”, then such ordinance shall take effect on the tenth day thereafter without further action of the Selectmen, provided however, that if the referendum is held at other than a regular election, said majority shall equal at least 15% of those entitled to vote.

Any such proposed ordinance shall be examined by the Town Counsel before being submitted to the referendum. The Town Counsel 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 may not materially change its meaning and effect.

Section 3.7. Emergency Ordinances:

An ordinance stated to be a public emergency measure and stating the facts constituting such public emergency may be passed by the Board of Selectmen without public hearing or notice and shall become effective immediately upon publication as required in Section 3.4 of this Article.

Every such emergency ordinance including any amendments thereto, shall automatically stand repealed at the termination of the sixty-first (61st) day following the effective date of said ordinance.

Section 3.8. Review of Appointments:

The Board of Selectmen shall review all appointments made by the First Selectman to appointive office or boards, commissions or agencies, or to fill vacancies on elected or appointive boards, commissions, agencies and offices, in accordance with the provisions of Article IV of this Charter. Such appointments shall automatically become effective unless disapproved by resolution of the Board of Selectmen within ten (10) days after presentation by the First Selectman.

Section 3.9.

The Board of Selectmen may require such information from, or joint meetings with, any Town officers or agencies as it may find necessary to carry out the duties and responsibilities placed upon it.

Section 3.10. Secretary-Clerk to the Board:

The Board of Selectmen may, by a majority vote, appoint an individual as Secretary-Clerk to the Board to serve at its pleasure. He shall be paid a salary to be fixed by the Board within the amount budgeted therefor. He shall keep the records of the Board of Selectmen, shall attend all meetings of the Board and of such other boards and commissions of the Town as he may be directed so to do by the Board. He shall assist the First Selectman in carrying out his executive governmental functions in such manner as the First Selectman shall direct.

Section 3.11. Annual Audit:

The Board of Selectmen shall annually designate an independent certified public accountant or firm of independent certified public accountants to audit the books and accounts of the Town in accordance with the provisions of Chapter III (one hundred eleven) of the General Statutes, as amended.

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