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FYI: Charter of the Town Of Orange

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Oct 112017
 

Following is the Complete copy of the Orange Town Charter.

With a pending referendum on Charter Revision, it is a good idea for residents to educate themselves on the current and revised Town Charter before voting.

Revisions are shown in red

The document is extremely long and I know that many will lose focus or interest within the first couple of minutes. So I have split it up into sections as separate stories for Orange Live readers so you can easily find the items that interest you.

Referendum questions also are presented on Orange Live in a separate post.

CHARTER OF THE TOWN OF ORANGE

Revised Charter Adopted at November 3, 1970 State Election

Effective November 12, 1971 and in part with respect to November 2, 1971 Municipal Election

Further Revised Charter Adopted at November 3, 1992

State Election

Effective December 3, 1992

Article I

Incorporation and General Powers

Section 1.1. Incorporation:

All the inhabitants dwelling within the territorial limits of the Town of Orange, as heretofore constituted, shall continue to be a body of politic and corporate under the name of the “Town of Orange”, hereinafter called the Town, and as such shall have perpetual succession and shall hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter, the additional powers and privileges herein conferred and all powers and privileges conferred upon municipalities under the general laws of the State of Connecticut.

Section 1.2. Rights and Obligations:

All property, both real and personal, all rights of action and rights of every description and all liens vested or inchoate in the Town as of the effective date of this Charter are continued in the Town, and the Town shall continue to be liable for all debts and obligations of every kind for which the Town shall be liable on said date. Nothing herein shall be construed to affect the right of the Town to collect any assessment, charge, debt, or lien. If any contract has been entered into by the Town prior to the effective date of this Charter or any bond or undertaking has been given by or in favor of the Town which contains provisions that the same may be enforced by a commission, board, officer or agency therein named, which is abolished by the provisions of this Charter, such contracts, bonds, or undertakings shall be in no manner impaired but shall continue in full force and effect. The powers conferred and the duties imposed with reference to the same upon any such commission, board, officer or agency shall, except as otherwise provided in this Charter, thereafter be exercised and discharged by the First Selectman.

Section 1.3. General Grant of Powers:

In addition to all powers granted to towns under the Constitution and General Statutes of the State of Connecticut, the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted and all other powers incident to the management of the property, government and affairs of the Town, including the power to enter into contracts with the United States or any federal agency, the State of Connecticut or any political subdivision thereof for services and the use of facilities, the exercise of which is not expressly forbidden by the Constitution and General Statutes of the State of Connecticut, and to accept grants from such governmental and private agencies. The enumeration of particular powers in this and any other Article of this Charter shall not be construed as limiting this general grant of power but shall be considered as an addition thereto.

Article II

The Town Meeting

Section 2.1. The Town Meeting:

Annual and Special Meetings. An annual Town Meeting shall be held for the consideration of the budget and for the consideration of other town business properly before it. It may be adjourned from time to time. Special Town Meetings for the consideration of items properly before them may be called by the Selectmen and shall be called by them within twenty-one (21) days after receipt of a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town, filed with the Town Clerk.

Section 2.2. Notice of Town Meetings:

Notice of each Town Meeting, whether the Annual or a Special Meeting, shall be given in accordance with the provisions of the General Statutes or any ordinance thereon.

Section 2.3. Quorum:

A quorum, for the purposes of a Town Meeting, shall consist of the number of qualified electors or taxpayers present.

Section 2.4. Moderator:

Any Town Meeting shall be presided over by the Town Meeting Moderator, or in his absence by a Deputy Town Meeting Moderator, who shall be appointed and have the powers as hereinafter provided.

Section 2.5. Conduct of the Town Meeting:

Robert’s Rules of Order shall govern the conduct of the Town Meetings.

Section 2.6. When Action by Town Meetings Required:

(a) The annual budget, any resolution authorizing the issuance of bonds or notes or other borrowing of less than one hundred fifty thousand dollars ($150,000.00) except notes in anticipation of taxes to be paid within the fiscal year in which issued, any sale of real estate of the Town or any interest therein and any purchase of real estate or interest therein with a value of five hundred thousand dollars ($500,000.00) or more, shall become effective only after it has been adopted or approved at a Town Meeting by a majority vote of persons qualified to vote at Town Meetings, present and voting at such meeting. The Town Meeting shall not act upon any proposal for the sale or purchase of such real estate or any interest therein, or the issuance of such bonds or notes or other borrowing except upon the recommendation and after approval of the Board of Selectmen.

(b) After the same has been approved by the Board of Selectmen, any resolution authorizing the issuance of bonds or notes of one hundred fifty thousand dollars ($150,000.00) or more, shall be placed on the call of a Town Meeting; and after completion of other business and after reasonable discussion on such appropriation or resolution, the Moderator of such meeting shall adjourn the meeting to reconvene not less than seven (7) nor more than fourteen (14) days thereafter as provided in Section 7.7 of the General Statutes, as amended, and such resolution shall become effective only after it has been submitted to the persons qualified to vote in such meeting for a “yes” or “no” vote on the voting machines. The voting machine ballot labels shall be provided by the Town Clerk. At the closing of the polls the Moderator shall cause the vote to be counted; and any such resolution shall, if approved by a majority of those voting thereon, be deemed to be a vote of the Town Meeting.

(c) 1. The vote on any annual budget recommendation on the call of any Town Meeting shall be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting.

(c) 2. Any other item or items on the call of any Town Meeting shall, if the Selectmen by majority vote so determine and/or if requested at least twenty-four (24) hours prior to such meeting by a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town filed with the Town Clerk, be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting.

(d) In accordance with the provisions of Article V, Section 5.20 of this Charter, the Town Meeting is empowered and may be required to elect members of the Board of Education, Regional District 5.

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.

Article IV

The First Selectman

Section 4.1. First Selectman:

The First Selectman shall preside over all meetings of the Board of Selectmen but this office shall not deprive him of his vote on any question.

The First Selectman shall be recognized as the official head of the Town for all ceremonial purposes, for military purposes and for the purpose of receiving civil process.

Section 4.2. General Powers and Duties:

The First Selectman shall be the Chief Executive Officer and the agent of the Town, and except as otherwise specifically provided by this Charter, any power given or duty imposed by the General Statutes on the Chief Executive of any town shall be vested in and exercised by him.

In addition to the powers and duties prescribed by the General Statutes, he shall administer all the offices and agencies in charge of persons appointed by him and shall supervise and direct the same. He shall be responsible for all purchasing done in the name of the Town, except for purchases of the Board of Education. The First Selectman shall cause to be kept full and complete records of the doings of his office, and it shall be his duty to make periodic reports to the Board of Selectmen and the Board of Finance, to keep or cause to be kept complete books of account showing separately an account of each item of appropriation made each year and all disbursements made which are chargeable against each such appropriation so that at all times there may be available in the office of the Selectman the continuing current status of all appropriations and disbursements charged thereto, to cause to be kept such other books of account as municipalities are required by statute to keep, and to exercise such other powers and duties as may be imposed upon him by the Board of Selectmen and the Town Meeting. Neither the Town Meeting nor the Board of Selectmen shall diminish by ordinance, vote or otherwise, the powers and duties of the First Selectman except those powers and duties imposed on him by direction of the Selectmen under the provisions of this Charter.

The First Selectman shall be an ex officio member of all Boards and Commissions with vote only on the Board of Selectmen, but he shall not attend executive sessions of Boards and Commissions in circumstances where his attendance would be unlawful.

Section 4.3. Succession to Office:

During the absence or disability of the First Selectman, the remaining members of the Board of Selectmen shall choose one of their members of the same political party as that of the First Selectman to be Acting First Selectman who shall carry out all of the duties of the First Selectman.

In the case of the death or other removal from office of the First Selectman, the remaining members of the Board of Selectmen shall within thirty (30) days by resolution appoint one of their members of the same party to fill the vacancy.

Section 4.4. Appointments:

The First Selectman shall appoint all appointive officers and shall fill by appointment all vacancies on appointed or elective boards, commissions, agencies, and offices except as other procedures are specifically provided in this Charter or amendments, and/or are made mandatory by General Statutes. All such appointments shall be reviewed by the Board of Selectmen and shall become effective unless disapproved by the Board of Selectmen in accordance with the provisions of Article III of this Charter.

In exercising the power herein conferred to fill vacancies with respect to elective offices or membership upon elective boards or commissions, the First Selectman shall make an interim appointment for the unexpired portion of the term, or until the next biennial town election, whichever shall be sooner; provided that when the persons vacating the office shall have been elected as a member of a political party, such vacancy shall be filled by the appointment of a member of the same political party.

Article V

Elected Boards and Commissions

Section 5.1. Town Plan and Zoning Commission:

There shall be a Town Plan and Zoning Commission consisting of five members who shall be electors of the Town. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a zoning commission established under Chapter 124 of the General Statutes and of a planning commission established under Chapter 126 of the General Statutes as either of said chapters is presently or may hereafter be amended, both of which chapters the Town hereby adopts.

Section 5.2.

The members of the Town Plan and Zoning Commission, on the day following the date of the adoption of this Charter, shall continue as such members for the respective terms for which they have been elected. Section I of Special Act 115 of the 1969 General Assembly shall be given effect with respect to the expiration of terms to the extent that it is not inconsistent with this Section 5.2.

There shall be elected at the municipal election of 2019, three members, including the deferred term.  The two members elected with terms commencing in November of 2019 shall be elected for a term of four years. The one member elected to the deferred term commencing in November 2020 shall be elected for a term of three years.  There shall be two members elected at the municipal election of 2021, both of whom shall be elected for a term of four years.   Thereafter, at each biennial election, there shall be elected three members and then two members for terms of four years to succeed those members whose terms expire.  Beginning with the biennial election held in November 2020, there shall no longer be a deferred term. 

Section 5.3.

Said Commission may appoint a zoning enforcement officer with such compensation as may be fixed by it within the amount budgeted therefor.

Section 5.4.

Alternates to the Town Plan and Zoning Commission shall be chosen in accordance with the provisions of Section 8-lb of the General Statutes.

Section 5.10. Board of Education:

There shall be a Board of Education consisting of ten members. Except as otherwise specifically provided by this Charter, the Board of Education shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations set forth in the General Statutes with respect to boards of education as the same may, from time to time, be amended.

Section 5.11.

The members of the Board of Education in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they or the persons they are succeeding in office have been elected. There shall be four members elected at the municipal election of 1971, two of whom shall be elected for a term of two years and two of whom shall be elected for a term of four years. One of the two members elected in 1971 for four two year terms shall be a minority party member and one of the two members elected in 1971 for four year terms shall be a minority party member. Thereafter at each biennial election there shall be elected five members who shall hold office for a term of four years to succeed those whose terms expire.

Section 5.12.

The Board of Education shall, to the fullest extent reasonable, make available to the Park and Recreation Commission property owned by the Town for current or future educational purposes, but not currently used for such purposes, in order to provide the maximum park and recreational facilities for the townspeople, consistent with the budget of the Park and Recreation Commission.

Section 5.20. Board of Education, Regional District 5:

So long as the Town is a member of Regional School District 5, members representing the Town shall be elected in accordance with the provisions of Chapter 164 of the General Statutes.

The elected representatives of the Town on said Board at the date of the adoption of this Charter shall continue to be members of said Board for the terms for which they were elected.

Section 5.30. Board of Finance:

There shall be a Board of Finance consisting of six members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of finance as the same may, from time to time, be amended.

Section 5.31.

Those members of the Board of Finance in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected.

There shall be elected at the municipal election of 1971, two members, one of whom shall be elected for a term of four years and one of whom shall be elected for a term of two years. Thereafter at each biennial election three members shall be elected for a term of four years to succeed those whose terms expire.

Section 5.40. Other Elected Boards:

There shall be such other elected boards as may be required by General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or as may be created by appropriate amendment of this Charter, such Boards to consist of such numbers of members and to be elected in the manner prescribed in the General Statutes or in the applicable Special Act requiring their creation or in the amendment to this Charter creating such Board. In the absence of a specification of number, any such Board shall consist of five members. In the absence of a specified method of election, such Board shall be elected at the Town Election next after its creation in such manner that three members are elected for a four year term and two members are elected for a two year term. Alternately thereafter at each biennial election there shall be elected three members and then two members for terms of four years to succeed those members whose terms expire.

Section 5.50. Use of Committees by Boards or Commissions:

While all official action of any board or commission must be taken by the requisite vote of such board or commission, one or more committees may be appointed by any board or commission under the chairmanship of one of its members to study and make recommendations with respect to such of the duties of such board or commission as may be assigned to any such committee.

Article VI

Appointed Boards and Commissions

Section 6.1. Board of Zoning Appeals:

There shall be a Board of Zoning Appeals consisting of five regular members and three alternate members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a Board of Zoning Appeals established under Chapter 124 of the General Statutes as said chapter is presently or may hereafter be amended and such powers, duties and responsibilities and subject to such restrictions and limitations as may, from time to time, be prescribed by the Orange Zoning Ordinance.

Section 6.1.1.

Those members of the Board of Tax Review in office on the day following the adoption of the Charter Amendment of 1992 shall continue as such members for the respective terms for which they have been appointed. Upon the effective date of said Charter Amendment, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, one member to serve a term which shall expire on December 2, 1993 and one member who shall serve a term to expire on December 7, 1995. As each term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.2.

Those members of the Board of Zoning Appeals and alternates in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.20. Board of Police Commissioners:

There shall be a Board of Police Commissioners consisting of five members. The Board of Police Commissioners shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of police commissioners as the same may, from time to time, be amended.

Section 6.21.

Those members of the Board of Police Commissioners in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been elected. Thereafter, as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.30. Safety Commission:

There shall be a Safety Commission consisting of the Chief of Police, the Superintendent of Schools, the Building Inspector, the Town Director of Civil Defense, the Fire Marshal and such other additional members, not in excess of five such additional members, representative of Town agencies, as the First Selectman shall, subject to the disapproval of the Board of Selectmen, from time to time, appoint.

Section 6.31.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the adoption of ordinances or the taking of other appropriate Town action to assure the continued safety of the townspeople.

Section 6.32.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the elimination of hazards to safety as the same may exist in the Town. The Board of Selectmen is empowered to negotiate with the owner of any such hazard for its elimination. Failing the successful completion of any such negotiation, the Board of Selectmen shall take such action as it, with the advice of Town Counsel, deems appropriate to eliminate such hazard.

Section 6.40. Economic Development Commission:

There shall be an Economic Development Commission consisting of five members. Such Commission organized under the provisions of Section 7-136 of the General Statutes heretofore and herein adopted by the Town shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to development and industrial commissions as the same may, from time to time, be amended. In addition to such powers, duties and responsibilities, said Commission shall:

Make such recommendations, from time to time, as it deems appropriate to the Town Plan and Zoning Commission with respect to possible amendments to the Comprehensive Town Plan or to the zoning regulations as they affect industrial development.

Confer with similar commissions of abutting towns in order to make recommendations with respect to the development of adequate roads, utility services and industrial sewage disposal in a manner consistent with that of other towns.

Foster and promote orderly commercial and industrial development in the Town and work with other Town agencies toward such ends.

Section 6.41.

Those members of the Economic Development Commission in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they were appointed. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.50. Park and Recreation Commission

There shall be a Park and Recreation Commission consisting of nine members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to municipal park commissions, as said statutes have heretofore been or may hereafter be amended. In addition to such powers, duties and responsibilities, said Commission shall:

Have jurisdiction over and have the responsibility for maintaining such properties as are assigned to its jurisdiction by ordinance.

Have such jurisdiction over and responsibility for the maintenance of properties temporarily transferred to its jurisdiction by the Board of Education or other boards of the Town as shall be provided by arrangements with such other boards.

Provide a program of recreational activity and engage such personnel in the furtherance thereof within the limitations of the Commission’s budget.

Section 6.51.

Those members of the Park and Recreation Commission in office on the day following the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. The First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, four additional members for a term of four years.

Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy for a term of two years.

Section 6.60. Conservation Commission:

There shall be a Conservation Commission consisting of seven members for the development and conservation of natural resources, including water resources, within the territorial limits of the Town.

Said Commission shall have all the powers, possess all of the rights and may engage in any of the activities enumerated in Section 7-131 (a) of the General Statutes.

Section 6.61.

Those members of the Conservation Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.70. Sewer Commission:

There shall be a Sewer Commission consisting of five members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to sewer authorities or commissions as said statutes have heretofore been or may hereafter be amended.

Section 6.71.

Those members of the Sewer Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.80. Board of Ethics:

There shall be a Board of Ethics consisting of five members, no more than a bare majority of whom may be members of the same political party. They shall act on matters concerning ethical standards for public service, including conflict of interest, with such powers, duties and responsibilities as shall be determined by ordinance to be enacted by the Board of Selectmen.

Section 6.81.

Initially three members of said Board shall be appointed for a term of two years, no more than two of whom shall be from the same political party and two members of said Board shall be appointed for a term of four years, no more than one of whom shall be from the same political party.

As each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.82.

All actions of said Board pursuant to the legal authority with which it is empowered shall be effective only upon the vote of at least one more than a bare majority, which number shall also constitute a quorum for the transaction of business.

Section 6.90. Other Appointed Boards:

There shall be such other appointed boards as may be required by General Statutes or applicable Special Acts enacted after the effective date of this Charter or as may be created by appropriate amendment of this Charter or by appropriate action of the Board of Selectmen, such Boards to consist of such number of members and to be appointed in the manner prescribed in the General Statutes or in the applicable Special Act requiring their creation or in the amendment to the Charter or the action of the Legislative Authority creating such Board. In the absence of a specification of such number, any such Board shall consist of five members. In the absence of a specified method of appointment, any such Board shall be appointed by the First Selectman except as otherwise prescribed by the General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or by appropriate amendments of this Charter, for terms of four years established and maintained at staggered biennial intervals wherever possible.

Article VII

Coordination of Activities of Town Agencies

Section 7.1.

It shall be the duty of the First Selectman and the Board of Selectmen to provide leadership in the formulation of plans to assure continued progress in the development of the Town.

Section 7.2.

Each Town agent, board and commission shall file with the First Selectman, not later than August 1st in each year, a report briefly stating its activities during the fiscal year just completed and submitting recommendations for appropriate action on matters within the province of such agency. Such reports, or an appropriate digest thereof, shall be presented in the Annual Report of the Town to the Townspeople.

Article VIII

Elected Officers

Section 8.1.

There shall be the following officers of the Town who, except as otherwise specifically provided by this Charter, shall be elected as specified in the General Statutes:

First Selectman;

Five other Selectmen;

Town Clerk;

Collector of Taxes;

Registrar of Voters

Seven Constables or such lesser number as the Town, by ordinance, may provide;

Such numbers of Justices of the Peace as equal one-third the number of jurors to which the Town is entitled or such lesser number as the Town, by ordinance, may provide;

Such other elected officers as may be required by General Statutes or applicable Special Acts or ordinances enacted after the effective date of this Charter.

Section 8.2.

Commencing with the regular Town election of November 2019, and at each regular Town election quadrennially thereafter, the electors shall elect the Town Officers described in Section 8.1 (a), (b), (c), (d) and (f). Commencing with the regular State Election, and at each regular State election quadrennially thereafter, justices of the Peace and Registrars of Voters shall be elected.. Town Officers, elected pursuant to Section 8.1 (h), shall be elected quadrennially at each Town Election unless otherwise provided in the General Statutes or Special Act creating the office.

Section 8.3.

The selectmen described in Sections 8.1 (a) and 8.1 (b) shall constitute the Board of Selectmen and the votes cast for the unsuccessful candidate for First Selectman shall be counted as votes cast for him as a member of said Board, provided no elector may be a candidate for both the office of First Selectman and that of Selectman and provided if an elector receives write-in votes for both office of First Selectman and that of Selectman, the Moderator may count either the votes which were written in for him for the office of First Selectman or those which were written in for him for the office of Selectman, whichever is more advantageous to such elector but not both.

Section 8.4.

If this Charter be adopted at a Town Election, the Town officers elected during such Town Election shall hold office for the terms for which they were elected and the Justices of the Peace and Registrars of Voters in office on the date this Charter is adopted shall continue to hold such offices for the respective terms to which they shall have been elected. If this Charter be adopted at a State or Special Election, the Town officers holding the respective offices at the date of the adoption of this Charter shall continue to hold such offices for the respective terms to which they shall have been elected.

Section 8.5.

In addition to the Town officers prescribed in Section 8.1 (h), the Town shall participate in the election of a Judge of Probate for the Probate District which includes the Town, such election to be held in the manner prescribed by law for the election of such Judge of Probate. In the event that the Town becomes part of a Probate District different from the Probate District of which it is a part on the date of the adoption of this Charter, the Town shall participate in the election of Judge of Probate for such new district in the manner prescribed in the Special Act creating such new district.

Section 8.6.

No person who is not an elector of the Town may be an elected officer or member of an elected Town board or commission.

Section 8.7.

Elected Town officers shall have such assistants as are approved by the Board of Selectmen, provided that the compensation of any such assistants by the Town shall only be within the budgetary limits prescribed by the Board of Finance for such assistants. In the case of the Assistant Town Clerk and Deputy Tax Collector, an appropriate oath for the faithful performance of his or her duty shall be administered and a record of the administration of such oath included in the records of the Town Clerk.

Section 8.8. Compensation:

The compensation, if any, of an elected or appointed Town officer, or of a member of an elected or appointed Town board or commission, shall be established by the Board of Finance through the regular budget procedures subject, in the case of the Board of Tax Review, to the provisions of Section 12-121 of the General Statutes, Revision of 1958. Said elected or appointed officers and said members, except the Constables and Justices of the Peace, shall be compensated, if at all, only on a salaried basis.

The necessary expenses of an elected or appointed Town Officer, or of a member of an elected or appointed Town Board or Commission, actually incurred in the promotion of his duties, shall be paid by the Town, within the limits prescribed in the budget by the Board of Finance upon the requisition of such officer or the Chairman of such board in writing, upon the approval of the Board of Selectmen.

Section 8.9. Duties

Elected Town officers shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are prescribed in the General Statutes, in appropriate Special Acts or in this Charter with respect to the offices held.

Article IX

Appointed Officers

Section 9.1.

There shall be the following appointed officers of the Town:

Assessor;

Building Inspector;

Emergency Management Director;

Director – Public Works Department;

Fire Marshal;

Finance Director;

Director – Health Department;

Town Counsel;

Town Meeting Moderator;

Town Meeting Deputy Moderators;

Town Treasurer who shall be Agent of Town Deposit Fund; and,

Such other appointed Town officers whose office is created by an amendment to the Charter or by appropriate action of the Legislative Authority.

Section 9.2.

Such of the appointed officers listed in Section 9.1 as hold any of the said offices on the date of the adoption of the Charter shall continue to hold said offices for the period for which they shall have been elected or appointed.

Section 9.3.

Appointed Town officers shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are prescribed with respect to such offices, in the General Statutes, in appropriate Special Acts, in this Charter, in the ordinances or other action of the Legislative Authority or in appropriate directions, from time to time, from the First Selectman, the Board of Selectmen and the respective supervisors of such officers.

Section 9.4.

In the performance of their duties, appointed Town officers may engage such assistants as are approved by the Board of Selectmen and by the supervisor of any such appointed Town officer, provided that the compensation of any such assistant to be paid by the Town shall be within the budgetary limits prescribed by the Board of Finance.

Section 9.5. Appointment:

All appointed officers of the Town shall be appointed by the First Selectman subject to the disapproval of the Board of Selectmen in accordance with the provisions of Article IV, Section 4.4 of this Charter.

Section 9.6. Term of Office:

Except as otherwise specifically provided, all appointive officers shall hold office for a term of two years and shall take office 30 days after the biennial Town Election in the year in which their terms expire.

Section 9.10. Director – Department of Health:

In addition to other duties prescribed by law, the Director shall supervise the activities of the Sanitation Inspector, the Superintendent of the Town Dump and, with the cooperation of the Orange Public Health Nursing Service, the activities of the Town Nurses. The Health Director shall further supervise the periodic inspection of all establishments in the Town which provide food, drinks or lodging on a commercial basis and all trailer parks.

Section 9.20. Director – Department of Public Works:

There shall be a Department of Public Works which through its Director shall have supervision and control of the maintenance of all Town owned structures, except such structures as are under the Park and Recreation commission, and the planning, surveying, constructing and reconstructing, altering, paving, repairing, maintaining, cleaning, lighting, inspecting; and to the extent applicable, the operation of highways, sidewalks and curbs, sewers, disposal facilities, public and private drains, Town buildings and other public improvements; the preservation, care, removal of trees within the highways and public places; all engineering work of the Town, and the collection and disposal of garbage, rubbish and ashes, to the extent that the Board of Selectmen shall determine that these functions and activities are within the responsibilities of the Town and this Department. The Director and the Department shall also undertake such additional responsibilities and projects as may, from time to time, be reasonably prescribed by the Board of Selectmen. The efforts of the Department shall be coordinated by the Director with those of the Town Plan and Zoning Commission under such rules and regulations as may be adopted with the approval of the Board of Selectmen.

Any provision of this section to the contrary notwithstanding, the Public Works Department shall have the responsibility for construction and maintenance of parks and grounds used for park and recreation purposes belonging to the Town and of buildings, structures, apparatus and equipment used in connection therewith, to the extent and for the period requested by the Park and Recreation Commission and approved by the Board of Selectmen.

Any provision of this section to the contrary notwithstanding, the Public Works Department may maintain and care for school buildings and grounds, but only if and to the extent and for the period requested by the Board of Education and approved by the Board of Selectmen, and the cost of such service shall be charged against the Board of Education appropriation. The Director – Department of Public Works may appoint and may remove with the approval of the First Selectman and subject to the provisions of this Charter and such rules and regulations as shall have been adopted for the operation of his Department, a Supervisor of Roads, a Town Engineer, a Supervisor of the Town Dump, a Tree Warden and such deputies, assistants, and employees as he may deem necessary and shall prescribe their duties provided such personnel shall be within the budgetary limits fixed by the Board of Finance for such Department.

Nothing contained herein shall preclude the filling of two or more of the above positions by the same person, including the Director of the Department of Public Works, provided such joint appointments shall have been approved by the First Selectman.

Section 9.30. Town Counsel:

The Town Counsel shall serve for a term of two (2) years or until his successor has qualified.  In addition to any other duties properly prescribed, the Town Counsel shall:

Review in advance of all Town Meetings the matters to be presented at such meetings and consult with the Town Meeting Moderator and the Board of Selectmen, as necessary, to assure the orderly disposition of the business of the meeting.

Prepare all ordinances proposed by any Town officer, board or commission, at the request of the First Selectman.

Review all ordinances to be acted upon and, if time and the proponents thereof permit, redraft the same, if necessary, in appropriate ordinance language.

Be the legal advisor to all Town officers, boards, commissions or agencies in all matters affecting the Town and attend all Town Meetings, and the Annual Budget Hearing, and, at the request of the First Selectman, attend periodic meetings of the Board of Selectmen and such other meetings or hearings as may be reasonably required.

Give opinions on such matters as are submitted to him for opinion by the First Selectman or, with the approval of the First Selectman, by any other Town Officers or by the Chairman of any other Town Board or Commission.

Section 9.40. Town Meeting Moderator and Deputy Town Meeting Moderators:

There shall be a Town Meeting Moderator and Deputy Town Meeting Moderators, each to serve for a term of two years or until their successors have qualified. It shall be the duty of the Town Meeting Moderator, or in the event of his absence or inability to act, a Deputy Town Meeting Moderator, to preside over all Town Meetings. They shall consult, in advance of each Town Meeting with Town Counsel, the First Selectman, the Board of Selectmen or such other persons as they deem appropriate to facilitate the orderly disposition of the business of the Meeting.

Section 9.50. Town Assessor:

There shall be a Town Assessor who shall have such powers, duties, responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Section 9.60. Town Treasurer:

There shall be a Town Treasurer who shall serve for a term of two years. He shall have such powers, duties, responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers. The Town Treasurer shall, in addition, be the Agent of the Town Deposit Fund.

Section 9.70. Town Building Inspector:

There shall be a Town Building Inspector who shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Section 9.80. Fire Marshal:

There shall be a Fire Marshal and Fire Wardens of the Town who shall have such powers and duties and responsibilities and shall be subject to such restrictions and limitations as are by law prescribed for such officers.

Article X

Definitions and General

Section 10.1. Definitions:

Unless the context otherwise clearly requires, the following terms, when used in this Charter, shall have the following meanings:

“Annual Election” means, in the odd-numbered years, the Town Election and means, in the even-numbered years, the State Election as defined in the General Statutes.

“Board” means any board, commission or agency of the Town.

“Charter” means this Charter, as the same may be supplemented or amended from time to time.

“Commission” means any board, commission or agency of the Town.

“Fiscal Year” means the period from July 1st in one year through June 30th in the next year or such different period as the Town, by appropriate action, may, from time to time, determine.

“General Statutes” means the General Statutes of Connecticut, Revision of 1958, and any reference thereto, or to any provision or provisions thereof, shall mean and include any supplements or amendments thereto.

“Home Rule Law” means Chapter 99 of the General Statutes;

“Legislative Body” means a combination of the Town Meeting and the Board of Selectmen as defined in Section 7-193 of the Connecticut General Statutes, the Town Meeting possessing the legislative authority only to the extent specifically set forth in this Charter.

“Meeting” of any body includes any adjourned session thereof.

“Municipal Election” means Town Election.

“Special Act” means a Special Act enacted by the General Assembly of Connecticut.

“Term” of the Town Clerk and Justices of the Peace shall commence on the First Monday of January following their respective elections, or as otherwise provided by statute. The term of the Registrar of Voters shall commence on the Wednesday following the first Monday of January following his or her election, or as otherwise provided by statute. Unless otherwise provided by General Statutes, this Charter or in the ordinance hereafter adopted creating an office or board, the term of elected officers and agents and the members of all elected boards and commissions shall commence on the first Monday of December following the date of their respective election; the term of appointed officers and agents and of members of appointed boards and commissions shall commence on the date prescribed by the appointing authority.

“Town” means the Town of Orange.

“Town Election” means the election held on the first Tuesday after the first Monday in November in odd-numbered years.

“Town Meeting” means, when used in this Charter, the Annual or a Special Meeting of the electors of the Town for the purpose specifically set forth in this Charter. “Town Meeting” as used in the Connecticut General Statutes shall be deemed to refer to the legislative body of the Town and shall be construed to mean the Board of Selectmen except in relation to the purposes or powers of the Town Meeting as set forth in this Charter.

The masculine pronoun, wherever used shall include the feminine pronoun.

Section 10.2. Conduct of Meetings:

Robert’s Rules of Order shall govern the conduct of meetings of all boards and commissions.

Section 10.3. Minority Representation:

The maximum number of members of all boards, commissions, committees or similar bodies who may be members of the same political party shall be as provided in the General Statutes, except for the membership of the Board of Ethics which shall be as provided for in Article VI, Section 6.80 of this Charter.

Section 10.4. Computation of Time:

In computing the period of time of any notice under this Charter, the day on which the notice is given and any Sunday and any legal holiday shall be included, but the day on which the matter is to occur shall be excluded. The same principle shall govern other computations of time for purposes hereof.

Section 10.5. Terms of Office:

All elected and appointed officers and members of boards and commissions shall hold office until their successors have been chosen and qualified.

Except as otherwise specifically required by the General Statutes, applicable Special Acts or by the provisions of this Charter, the terms of appointment to appointive boards and commissions shall, wherever possible, be established and maintained at staggered biennial intervals.

Section 10.6. Oaths of Office:

All elected and appointed officers and members of boards, agencies or commissions of the Town shall swear or affirm the faithful performance of their duties, a record of the administration of which oaths shall be filed with the Town Clerk.

Oaths may be administered by all persons so authorized by Section 1-24 of the Connecticut General Statutes. The form of such oaths shall be as follows:

You solemnly swear that you will faithfully discharge, according to law, your duties as __________ to the best of your ability; so help you God.

Section 10.7. Amendment:

This Charter may be amended in the manner prescribed by the General Statutes.

Section 10.8 Rules of Construction and Saving Clause:

This Charter is intended to avail, make use of and exercise the full home rule powers of the Town under the Home Rule Law, and any other statute now in affect or hereafter enacted and any other home rule powers thereof under the Constitution of the State of Connecticut, under the common law, or otherwise.

Nothing herein contained shall be construed as intended to conflict with, or be inconsistent with, any general statute of the State of Connecticut expressing any substantial public policy of the State. It shall be construed as an assertion of the Town’s full power and authority to prescribe its organic law for the administration of its local affairs.

If any provision 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 provision so held invalid may appear, except to the extent that an entire section may be inseparably connected in meaning and effect with the provision to which such holding shall directly apply.

All ordinances, resolutions and legislative actions of the Town in effect as of the effective date of this Charter shall continue in full force and effect except to the extent they may be inconsistent with the provisions of this Charter.

Article XI

Effective Date of Charter and Transition

Section 11.1 (a). Effective Date:

This Charter shall take effect on the tenth day following the date of the municipal election of November, 1971, that is November 12, 1971, except that the provisions of Article V concerning Elected Boards and Article VIII concerning Elected Officers shall become effective with respect to the municipal election of November, 1971.

Section 11.1 (b). Effective Date of Charter Revision:

Any provisions contained in the Charter Amendment of 1992 shall take effect the thirtieth day following the date of the State Election of November 3, 1992, that is on December 3, 1992.

Section 11.1 (c).  Effective Date of Charter Revision:

Any provisions contained in the Charter Amendment of 2017 shall take effect the first day of January 2018.

Section 11.2. Special Acts:

The following special acts applicable to the Town remain unaffected by this Charter:

Resolution of the Assembly incorporating the Town of Woodbridge, Records of the State of Connecticut, Volume 5, Page 304.

Special Act passed October, 1804, I Special Acts 550, incorporating the Society of North Milford.

Resolution of the Assemble, May, 1822, incorporating the Town of Orange, II Special Acts 1173.

Special Act passed May, 1836, II Special Acts 1174, amending the Resolution of May, 1822 with respect to the location of Town Meetings.

Special Act approved April 3, 1884, IX Special Acts 1020, relative to the division line between Derby and Orange.

Special Act approved June 24, 1921, XVIII Special Acts 1067, dividing the Town of Orange and creating the Town of West Haven.

Special Act approved April 26, 1933, XXI Special Acts 884, relative to the licensing of certain concessions by the Selectmen.

Special Act approved May 28, 1935, XXII Special Acts 202, relative to the use of highways in the Town.

Special Act approved June 29, 1951, XXVI Special Acts 146, relative to the division between Derby and Orange.

Special Act approved May 7, 1953, XXVI Special Acts 771, validating certain action in establishing Regional School District Number 5.

Section 11.3.

The following Special Acts are no longer applicable:

Special Act passed May 1823, II Special Acts 1174, relative to the support of the poor formerly residing in New Haven.

Special Act passed in 1848, IV Special Acts 1256, relative to the division line between New Haven and Orange.

Special Act approved March 31, 1887, X Special Acts 578, relative to the division line between New Haven and Orange.

Special Act approved August 1, 1911 XVI Special Acts 386, relative to bond issues by school districts now part of West Haven.

Special Act approved March 24, 1915, XVII Special Acts, 58, relative to rules and regulations now pertinent to West Haven.

Special Act approved May 10, 1917, XVII Special Acts, 995, relative to the terms of certain Town officers now pertinent to West Haven.

Special Act approved May 21, 1925, XIX Special Acts, 778, relative to the issuance of bonds by Center School District.

Special Act approved June 18, 1929, XX Special Acts 983, authorizing the Board of Selectmen to establish building lines and conferring other powers on said board.

Special Act approved June 18, 1929, XX Special Acts 989;

Special Act approved April 5, 1933, XXI Special Acts 800, relative to the admission of electors.

Special Act approved May 1, 1943, XXIV Special Acts 134, and Special Act approved July 22, 1945, XXIV Special Acts 652, relative to the Town Plan and Zoning Commission.

Special Act approved June 14, 1961, XXX Special Acts 154, relative to the establishment of a funded pension and retirement plan.

Special Act approved May 22, 1969, XXXIV Special Acts 100, concerning the terms of certain elective offices, except to the extent set forth in Section 5.2 of this Charter.

Act Incorporating the Town of Woodbridge. (January Session, General Assembly 1784), Records of State of Connecticut, Volume V, Pages 304-305.

Act Incorporating The Society of North Milford (October 1804), Special Acts, Volume 1, page 550.

Act incorporating original Town of Orange (May 1822), Special Acts, Volume 1 Page 1173.

Act Changing Boundary Line between Town of Derby and Orange. (April 3, 1984), Special Acts, Volume 9, page 1020.

See also Judgment of Superior Court dated October 1, 1924 in action entitled, “Town of West Haven vs. Town of Orange” recorded in Orange Land Records, Volume 141, pages 266-270.

Act relative to division line between Derby and Orange, June 29, 1951, Special Acts, Volume XXVI, page 146.

Town Charter Revision Referendum Questions

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Oct 112017
 

Following are the Referendum Questions regarding the Town Charter on which you are asked to vote.

#1 Shall the Charter be amended to increase the terms of the First Selectman, Board of Selectmen, Tax Collector, Town Clerk, Registrar of Voters and Constables from a two year term to a four year term, with terms to commence on the first Monday of December, or as otherwise provided by state statute, effective January 1, 2018?

2) Shall the Charter be amended to change the term of the Town Planning and Zoning Commission deferred position so that beginning with the 2023 biennial election, three members shall have concurrent four year terms?

3) Shall the Charter be amended to modify the definition of “quorum of qualified electors or taxpayers at a town meeting” from “100” to “those present”?

4) Shall the Charter be amended to modify the need for town meeting action for the purchase and sale of real estate of the Town or any interest therein for properties or interests with a value of  $500,000 or greater?

5) Shall the Charter be amended to require that all votes concerning the annual budget be sent to referendum?

6) Shall the Charter be amended to delete the requirement that all ordinances be published in their entirety following passage and only require a publication of a notice of passage?

7) Shall the Charter be amended to correct typographical and grammatical errors, to delete outdated references and update other references?

Town Charter: Article I – Incorporation and General Powers

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Oct 112017
 

Article I

Incorporation and General Powers

Section 1.1. Incorporation:

All the inhabitants dwelling within the territorial limits of the Town of Orange, as heretofore constituted, shall continue to be a body of politic and corporate under the name of the “Town of Orange”, hereinafter called the Town, and as such shall have perpetual succession and shall hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter, the additional powers and privileges herein conferred and all powers and privileges conferred upon municipalities under the general laws of the State of Connecticut.

Section 1.2. Rights and Obligations:

All property, both real and personal, all rights of action and rights of every description and all liens vested or inchoate in the Town as of the effective date of this Charter are continued in the Town, and the Town shall continue to be liable for all debts and obligations of every kind for which the Town shall be liable on said date. Nothing herein shall be construed to affect the right of the Town to collect any assessment, charge, debt, or lien. If any contract has been entered into by the Town prior to the effective date of this Charter or any bond or undertaking has been given by or in favor of the Town which contains provisions that the same may be enforced by a commission, board, officer or agency therein named, which is abolished by the provisions of this Charter, such contracts, bonds, or undertakings shall be in no manner impaired but shall continue in full force and effect. The powers conferred and the duties imposed with reference to the same upon any such commission, board, officer or agency shall, except as otherwise provided in this Charter, thereafter be exercised and discharged by the First Selectman.

Section 1.3. General Grant of Powers:

In addition to all powers granted to towns under the Constitution and General Statutes of the State of Connecticut, the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted and all other powers incident to the management of the property, government and affairs of the Town, including the power to enter into contracts with the United States or any federal agency, the State of Connecticut or any political subdivision thereof for services and the use of facilities, the exercise of which is not expressly forbidden by the Constitution and General Statutes of the State of Connecticut, and to accept grants from such governmental and private agencies. The enumeration of particular powers in this and any other Article of this Charter shall not be construed as limiting this general grant of power but shall be considered as an addition thereto.

Town Charter: Article II — The Town Meeting

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Oct 112017
 

Article II

The Town Meeting

Section 2.1. The Town Meeting:

Annual and Special Meetings. An annual Town Meeting shall be held for the consideration of the budget and for the consideration of other town business properly before it. It may be adjourned from time to time. Special Town Meetings for the consideration of items properly before them may be called by the Selectmen and shall be called by them within twenty-one (21) days after receipt of a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town, filed with the Town Clerk.

Section 2.2. Notice of Town Meetings:

Notice of each Town Meeting, whether the Annual or a Special Meeting, shall be given in accordance with the provisions of the General Statutes or any ordinance thereon.

Section 2.3. Quorum:

A quorum, for the purposes of a Town Meeting, shall consist of the number of qualified electors or taxpayers present.

Section 2.4. Moderator:

Any Town Meeting shall be presided over by the Town Meeting Moderator, or in his absence by a Deputy Town Meeting Moderator, who shall be appointed and have the powers as hereinafter provided.

Section 2.5. Conduct of the Town Meeting:

Robert’s Rules of Order shall govern the conduct of the Town Meetings.

Section 2.1. The Town Meeting:

Annual and Special Meetings. An annual Town Meeting shall be held for the consideration of the budget and for the consideration of other town business properly before it. It may be adjourned from time to time. Special Town Meetings for the consideration of items properly before them may be called by the Selectmen and shall be called by them within twenty-one (21) days after receipt of a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town, filed with the Town Clerk.

Section 2.2. Notice of Town Meetings:

Notice of each Town Meeting, whether the Annual or a Special Meeting, shall be given in accordance with the provisions of the General Statutes or any ordinance thereon.

Section 2.3. Quorum:

A quorum, for the purposes of a Town Meeting, shall consist of the number of qualified electors or taxpayers present.

Section 2.4. Moderator:

Any Town Meeting shall be presided over by the Town Meeting Moderator, or in his absence by a Deputy Town Meeting Moderator, who shall be appointed and have the powers as hereinafter provided.

Section 2.5. Conduct of the Town Meeting:

Robert’s Rules of Order shall govern the conduct of the Town Meetings.

Section 2.6. When Action by Town Meetings Required:

The annual budget, any resolution authorizing the issuance of bonds or notes or other borrowing of less than one hundred fifty thousand dollars ($150,000.00) except notes in anticipation of taxes to be paid within the fiscal year in which issued, any sale of real estate of the Town or any interest therein and any purchase of real estate or interest therein with a value of five hundred thousand dollars ($500,000.00) or more, shall become effective only after it has been adopted or approved at a Town Meeting by a majority vote of persons qualified to vote at Town Meetings, present and voting at such meeting. The Town Meeting shall not act upon any proposal for the sale or purchase of such real estate or any interest therein, or the issuance of such bonds or notes or other borrowing except upon the recommendation and after approval of the Board of Selectmen.

(b) After the same has been approved by the Board of Selectmen, any resolution authorizing the issuance of bonds or notes of one hundred fifty thousand dollars ($150,000.00) or more, shall be placed on the call of a Town Meeting; and after completion of other business and after reasonable discussion on such appropriation or resolution, the Moderator of such meeting shall adjourn the meeting to reconvene not less than seven (7) nor more than fourteen (14) days thereafter as provided in Section 7.7 of the General Statutes, as amended, and such resolution shall become effective only after it has been submitted to the persons qualified to vote in such meeting for a “yes” or “no” vote on the voting machines. The voting machine ballot labels shall be provided by the Town Clerk. At the closing of the polls the Moderator shall cause the vote to be counted; and any such resolution shall, if approved by a majority of those voting thereon, be deemed to be a vote of the Town Meeting.

(c) 1. The vote on any annual budget recommendation on the call of any Town Meeting shall be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting.

(c) 2. Any other item or items on the call of any Town Meeting shall, if the Selectmen by majority vote so determine and/or if requested at least twenty-four (24) hours prior to such meeting by a petition signed by not less than 5% of the qualified electors on the latest official lists of the Registrars of Voters of the Town filed with the Town Clerk, be submitted to a vote on the voting machines in accordance with Section 2.6 (b) above and, if approved by a majority of those voting thereon, shall be deemed to be a vote of the Town Meeting.

(d) In accordance with the provisions of Article V, Section 5.20 of this Charter, the Town Meeting is empowered and may be required to elect members of the Board of Education, Regional District 5.

Town Charter: Article III — Board of Selectmen

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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.

Town Charter: Article IV — The First Selectman

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Oct 112017
 

Article IV

The First Selectman

Section 4.1. First Selectman:

The First Selectman shall preside over all meetings of the Board of Selectmen but this office shall not deprive him of his vote on any question.

The First Selectman shall be recognized as the official head of the Town for all ceremonial purposes, for military purposes and for the purpose of receiving civil process.

Section 4.2. General Powers and Duties:

The First Selectman shall be the Chief Executive Officer and the agent of the Town, and except as otherwise specifically provided by this Charter, any power given or duty imposed by the General Statutes on the Chief Executive of any town shall be vested in and exercised by him.

In addition to the powers and duties prescribed by the General Statutes, he shall administer all the offices and agencies in charge of persons appointed by him and shall supervise and direct the same. He shall be responsible for all purchasing done in the name of the Town, except for purchases of the Board of Education. The First Selectman shall cause to be kept full and complete records of the doings of his office, and it shall be his duty to make periodic reports to the Board of Selectmen and the Board of Finance, to keep or cause to be kept complete books of account showing separately an account of each item of appropriation made each year and all disbursements made which are chargeable against each such appropriation so that at all times there may be available in the office of the Selectman the continuing current status of all appropriations and disbursements charged thereto, to cause to be kept such other books of account as municipalities are required by statute to keep, and to exercise such other powers and duties as may be imposed upon him by the Board of Selectmen and the Town Meeting. Neither the Town Meeting nor the Board of Selectmen shall diminish by ordinance, vote or otherwise, the powers and duties of the First Selectman except those powers and duties imposed on him by direction of the Selectmen under the provisions of this Charter.

The First Selectman shall be an ex officio member of all Boards and Commissions with vote only on the Board of Selectmen, but he shall not attend executive sessions of Boards and Commissions in circumstances where his attendance would be unlawful.

Section 4.3. Succession to Office:

During the absence or disability of the First Selectman, the remaining members of the Board of Selectmen shall choose one of their members of the same political party as that of the First Selectman to be Acting First Selectman who shall carry out all of the duties of the First Selectman.

In the case of the death or other removal from office of the First Selectman, the remaining members of the Board of Selectmen shall within thirty (30) days by resolution appoint one of their members of the same party to fill the vacancy.

Section 4.4. Appointments:

The First Selectman shall appoint all appointive officers and shall fill by appointment all vacancies on appointed or elective boards, commissions, agencies, and offices except as other procedures are specifically provided in this Charter or amendments, and/or are made mandatory by General Statutes. All such appointments shall be reviewed by the Board of Selectmen and shall become effective unless disapproved by the Board of Selectmen in accordance with the provisions of Article III of this Charter.

In exercising the power herein conferred to fill vacancies with respect to elective offices or membership upon elective boards or commissions, the First Selectman shall make an interim appointment for the unexpired portion of the term, or until the next biennial town election, whichever shall be sooner; provided that when the persons vacating the office shall have been elected as a member of a political party, such vacancy shall be filled by the appointment of a member of the same political party.

Town Charter: Article V — Elected Boards and Commissions

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Oct 112017
 

Article V

Elected Boards and Commissions

Section 5.1. Town Plan and Zoning Commission:

There shall be a Town Plan and Zoning Commission consisting of five members who shall be electors of the Town. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a zoning commission established under Chapter 124 of the General Statutes and of a planning commission established under Chapter 126 of the General Statutes as either of said chapters is presently or may hereafter be amended, both of which chapters the Town hereby adopts.

Section 5.2.

The members of the Town Plan and Zoning Commission, on the day following the date of the adoption of this Charter, shall continue as such members for the respective terms for which they have been elected. Section I of Special Act 115 of the 1969 General Assembly shall be given effect with respect to the expiration of terms to the extent that it is not inconsistent with this Section 5.2.

There shall be elected at the municipal election of 2019, three members, including the deferred term.  The two members elected with terms commencing in November of 2019 shall be elected for a term of four years. The one member elected to the deferred term commencing in November 2020 shall be elected for a term of three years.  There shall be two members elected at the municipal election of 2021, both of whom shall be elected for a term of four years.   Thereafter, at each biennial election, there shall be elected three members and then two members for terms of four years to succeed those members whose terms expire.  Beginning with the biennial election held in November 2020, there shall no longer be a deferred term. 

Section 5.3.

Said Commission may appoint a zoning enforcement officer with such compensation as may be fixed by it within the amount budgeted therefor.

Section 5.4.

Alternates to the Town Plan and Zoning Commission shall be chosen in accordance with the provisions of Section 8-lb of the General Statutes.

Section 5.10. Board of Education:

There shall be a Board of Education consisting of ten members. Except as otherwise specifically provided by this Charter, the Board of Education shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations set forth in the General Statutes with respect to boards of education as the same may, from time to time, be amended.

Section 5.11.

The members of the Board of Education in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they or the persons they are succeeding in office have been elected. There shall be four members elected at the municipal election of 1971, two of whom shall be elected for a term of two years and two of whom shall be elected for a term of four years. One of the two members elected in 1971 for four two year terms shall be a minority party member and one of the two members elected in 1971 for four year terms shall be a minority party member. Thereafter at each biennial election there shall be elected five members who shall hold office for a term of four years to succeed those whose terms expire.

Section 5.12.

The Board of Education shall, to the fullest extent reasonable, make available to the Park and Recreation Commission property owned by the Town for current or future educational purposes, but not currently used for such purposes, in order to provide the maximum park and recreational facilities for the townspeople, consistent with the budget of the Park and Recreation Commission.

Section 5.20. Board of Education, Regional District 5:

So long as the Town is a member of Regional School District 5, members representing the Town shall be elected in accordance with the provisions of Chapter 164 of the General Statutes.

The elected representatives of the Town on said Board at the date of the adoption of this Charter shall continue to be members of said Board for the terms for which they were elected.

Section 5.30. Board of Finance:

There shall be a Board of Finance consisting of six members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of finance as the same may, from time to time, be amended.

Section 5.31.

Those members of the Board of Finance in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected.

There shall be elected at the municipal election of 1971, two members, one of whom shall be elected for a term of four years and one of whom shall be elected for a term of two years. Thereafter at each biennial election three members shall be elected for a term of four years to succeed those whose terms expire.

Section 5.40. Other Elected Boards:

There shall be such other elected boards as may be required by General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or as may be created by appropriate amendment of this Charter, such Boards to consist of such numbers of members and to be elected in the manner prescribed in the General Statutes or in the applicable Special Act requiring their creation or in the amendment to this Charter creating such Board. In the absence of a specification of number, any such Board shall consist of five members. In the absence of a specified method of election, such Board shall be elected at the Town Election next after its creation in such manner that three members are elected for a four year term and two members are elected for a two year term. Alternately thereafter at each biennial election there shall be elected three members and then two members for terms of four years to succeed those members whose terms expire.

Section 5.50. Use of Committees by Boards or Commissions:

While all official action of any board or commission must be taken by the requisite vote of such board or commission, one or more committees may be appointed by any board or commission under the chairmanship of one of its members to study and make recommendations with respect to such of the duties of such board or commission as may be assigned to any such committee.

Town Charter: Article VI — Appointed Boards and Commissions

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Oct 112017
 

Article VI

Appointed Boards and Commissions

Section 6.1. Board of Zoning Appeals:

There shall be a Board of Zoning Appeals consisting of five regular members and three alternate members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations of a Board of Zoning Appeals established under Chapter 124 of the General Statutes as said chapter is presently or may hereafter be amended and such powers, duties and responsibilities and subject to such restrictions and limitations as may, from time to time, be prescribed by the Orange Zoning Ordinance.

Section 6.10 BOARD OF ASSESSMENT APPEALS

(formerly Board of Tax Review)

There shall be a Board of Tax Review consisting of five members. Said Board shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of tax review as the same may, from time to time, be amended.

Section 6.1.1.

Those members of the Board of Tax Review in office on the day following the adoption of the Charter Amendment of 1992 shall continue as such members for the respective terms for which they have been appointed. Upon the effective date of said Charter Amendment, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, one member to serve a term which shall expire on December 2, 1993 and one member who shall serve a term to expire on December 7, 1995. As each term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.2.

Those members of the Board of Zoning Appeals and alternates in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they shall have been elected. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.20. Board of Police Commissioners:

There shall be a Board of Police Commissioners consisting of five members. The Board of Police Commissioners shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to boards of police commissioners as the same may, from time to time, be amended.

Section 6.21.

Those members of the Board of Police Commissioners in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been elected. Thereafter, as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each such vacancy thus created for a term of four years.

Section 6.30. Safety Commission:

There shall be a Safety Commission consisting of the Chief of Police, the Superintendent of Schools, the Building Inspector, the Town Director of Civil Defense, the Fire Marshal and such other additional members, not in excess of five such additional members, representative of Town agencies, as the First Selectman shall, subject to the disapproval of the Board of Selectmen, from time to time, appoint.

Section 6.31.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the adoption of ordinances or the taking of other appropriate Town action to assure the continued safety of the townspeople.

Section 6.32.

It shall be the duty of the Safety Commission to recommend to the Board of Selectmen the elimination of hazards to safety as the same may exist in the Town. The Board of Selectmen is empowered to negotiate with the owner of any such hazard for its elimination. Failing the successful completion of any such negotiation, the Board of Selectmen shall take such action as it, with the advice of Town Counsel, deems appropriate to eliminate such hazard.

Section 6.40. Economic Development Commission:

There shall be an Economic Development Commission consisting of five members. Such Commission organized under the provisions of Section 7-136 of the General Statutes heretofore and herein adopted by the Town shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to development and industrial commissions as the same may, from time to time, be amended. In addition to such powers, duties and responsibilities, said Commission shall:

Make such recommendations, from time to time, as it deems appropriate to the Town Plan and Zoning Commission with respect to possible amendments to the Comprehensive Town Plan or to the zoning regulations as they affect industrial development.

Confer with similar commissions of abutting towns in order to make recommendations with respect to the development of adequate roads, utility services and industrial sewage disposal in a manner consistent with that of other towns.

Foster and promote orderly commercial and industrial development in the Town and work with other Town agencies toward such ends.

Section 6.41.

Those members of the Economic Development Commission in office on the day following the adoption of this Charter shall continue to be members thereof for the respective terms for which they were appointed. As each such term expires the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.50. Park and Recreation Commission

There shall be a Park and Recreation Commission consisting of nine members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to municipal park commissions, as said statutes have heretofore been or may hereafter be amended. In addition to such powers, duties and responsibilities, said Commission shall:

Have jurisdiction over and have the responsibility for maintaining such properties as are assigned to its jurisdiction by ordinance.

Have such jurisdiction over and responsibility for the maintenance of properties temporarily transferred to its jurisdiction by the Board of Education or other boards of the Town as shall be provided by arrangements with such other boards.

Provide a program of recreational activity and engage such personnel in the furtherance thereof within the limitations of the Commission’s budget.

Section 6.51.

Those members of the Park and Recreation Commission in office on the day following the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. The First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, four additional members for a term of four years.

Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy for a term of two years.

Section 6.60. Conservation Commission:

There shall be a Conservation Commission consisting of seven members for the development and conservation of natural resources, including water resources, within the territorial limits of the Town.

Said Commission shall have all the powers, possess all of the rights and may engage in any of the activities enumerated in Section 7-131 (a) of the General Statutes.

Section 6.61.

Those members of the Conservation Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.70. Sewer Commission:

There shall be a Sewer Commission consisting of five members. Said Commission shall have the powers, duties and responsibilities and shall be subject to the restrictions and limitations specified in the General Statutes with respect to sewer authorities or commissions as said statutes have heretofore been or may hereafter be amended.

Section 6.71.

Those members of the Sewer Commission in office on the day following the date of the adoption of this Charter shall continue as such members for the respective terms for which they have been appointed. Thereafter as each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy so created for a term of four years.

Section 6.80. Board of Ethics:

There shall be a Board of Ethics consisting of five members, no more than a bare majority of whom may be members of the same political party. They shall act on matters concerning ethical standards for public service, including conflict of interest, with such powers, duties and responsibilities as shall be determined by ordinance to be enacted by the Board of Selectmen.

Section 6.81.

Initially three members of said Board shall be appointed for a term of two years, no more than two of whom shall be from the same political party and two members of said Board shall be appointed for a term of four years, no more than one of whom shall be from the same political party.

As each such term expires, the First Selectman shall appoint, subject to the disapproval of the Board of Selectmen, a member for each vacancy thus created for a term of four years.

Section 6.82.

All actions of said Board pursuant to the legal authority with which it is empowered shall be effective only upon the vote of at least one more than a bare majority, which number shall also constitute a quorum for the transaction of business.

Section 6.90. Other Appointed Boards:

There shall be such other appointed boards as may be required by General Statutes or applicable Special Acts enacted after the effective date of this Charter or as may be created by appropriate amendment of this Charter or by appropriate action of the Board of Selectmen, such Boards to consist of such number of members and to be appointed in the manner prescribed in the General Statutes or in the applicable Special Act requiring their creation or in the amendment to the Charter or the action of the Legislative Authority creating such Board. In the absence of a specification of such number, any such Board shall consist of five members. In the absence of a specified method of appointment, any such Board shall be appointed by the First Selectman except as otherwise prescribed by the General Statutes or applicable Special Acts enacted after the Effective Date of this Charter or by appropriate amendments of this Charter, for terms of four years established and maintained at staggered biennial intervals wherever possible.

Town Charter: Article VII — Coordination of Activities of Town Agencies

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Oct 112017
 

Article VII

Coordination of Activities of Town Agencies

Section 7.1.

It shall be the duty of the First Selectman and the Board of Selectmen to provide leadership in the formulation of plans to assure continued progress in the development of the Town.

Section 7.2.

Each Town agent, board and commission shall file with the First Selectman, not later than August 1st in each year, a report briefly stating its activities during the fiscal year just completed and submitting recommendations for appropriate action on matters within the province of such agency. Such reports, or an appropriate digest thereof, shall be presented in the Annual Report of the Town to the Townspeople.

Town Charter: Article VIII — Elected Officers

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Oct 112017
 

Article VIII

Elected Officers

Section 8.1.

There shall be the following officers of the Town who, except as otherwise specifically provided by this Charter, shall be elected as specified in the General Statutes:

First Selectman;

Five other Selectmen;

Town Clerk;

Collector of Taxes;

Registrar of Voters

Seven Constables or such lesser number as the Town, by ordinance, may provide;

Such numbers of Justices of the Peace as equal one-third the number of jurors to which the Town is entitled or such lesser number as the Town, by ordinance, may provide;

Such other elected officers as may be required by General Statutes or applicable Special Acts or ordinances enacted after the effective date of this Charter.

Section 8.2.

Commencing with the regular Town election of November 2019, and at each regular Town election quadrennially thereafter, the electors shall elect the Town Officers described in Section 8.1 (a), (b), (c), (d) and (f). Commencing with the regular State Election, and at each regular State election quadrennially thereafter, justices of the Peace and Registrars of Voters shall be elected.. Town Officers, elected pursuant to Section 8.1 (h), shall be elected quadrennially at each Town Election unless otherwise provided in the General Statutes or Special Act creating the office.

Section 8.3.

The selectmen described in Sections 8.1 (a) and 8.1 (b) shall constitute the Board of Selectmen and the votes cast for the unsuccessful candidate for First Selectman shall be counted as votes cast for him as a member of said Board, provided no elector may be a candidate for both the office of First Selectman and that of Selectman and provided if an elector receives write-in votes for both office of First Selectman and that of Selectman, the Moderator may count either the votes which were written in for him for the office of First Selectman or those which were written in for him for the office of Selectman, whichever is more advantageous to such elector but not both.

Section 8.4.

If this Charter be adopted at a Town Election, the Town officers elected during such Town Election shall hold office for the terms for which they were elected and the Justices of the Peace and Registrars of Voters in office on the date this Charter is adopted shall continue to hold such offices for the respective terms to which they shall have been elected. If this Charter be adopted at a State or Special Election, the Town officers holding the respective offices at the date of the adoption of this Charter shall continue to hold such offices for the respective terms to which they shall have been elected.

Section 8.5.

In addition to the Town officers prescribed in Section 8.1 (h), the Town shall participate in the election of a Judge of Probate for the Probate District which includes the Town, such election to be held in the manner prescribed by law for the election of such Judge of Probate. In the event that the Town becomes part of a Probate District different from the Probate District of which it is a part on the date of the adoption of this Charter, the Town shall participate in the election of Judge of Probate for such new district in the manner prescribed in the Special Act creating such new district.

Section 8.6.

No person who is not an elector of the Town may be an elected officer or member of an elected Town board or commission.

Section 8.7.

Elected Town officers shall have such assistants as are approved by the Board of Selectmen, provided that the compensation of any such assistants by the Town shall only be within the budgetary limits prescribed by the Board of Finance for such assistants. In the case of the Assistant Town Clerk and Deputy Tax Collector, an appropriate oath for the faithful performance of his or her duty shall be administered and a record of the administration of such oath included in the records of the Town Clerk.

Section 8.8. Compensation:

The compensation, if any, of an elected or appointed Town officer, or of a member of an elected or appointed Town board or commission, shall be established by the Board of Finance through the regular budget procedures subject, in the case of the Board of Tax Review, to the provisions of Section 12-121 of the General Statutes, Revision of 1958. Said elected or appointed officers and said members, except the Constables and Justices of the Peace, shall be compensated, if at all, only on a salaried basis.

The necessary expenses of an elected or appointed Town Officer, or of a member of an elected or appointed Town Board or Commission, actually incurred in the promotion of his duties, shall be paid by the Town, within the limits prescribed in the budget by the Board of Finance upon the requisition of such officer or the Chairman of such board in writing, upon the approval of the Board of Selectmen.

Section 8.9. Duties

Elected Town officers shall have such powers, duties and responsibilities and shall be subject to such restrictions and limitations as are prescribed in the General Statutes, in appropriate Special Acts or in this Charter with respect to the offices held.