CHARTER
[HISTORY: Adopted by the
electorate of the Town of Somers 11-2-1999, effective 1-1-2000.[1] Amendments noted where applicable.]
CHAPTER I
Incorporation and General Powers
~ 1-1. Incorporation.
All the inhabitants dwelling within the territorial limits of the
Town of Somers shall continue to be a body politic and corporate under the name
of The Town of Somers, hereinafter in this Charter called the town, and as such
shall have perpetual succession and may hold and exercise all powers and
privileges heretofore exercised by said town and not inconsistent with the
provisions of this chapter, the additional powers and privileges herein
conferred upon towns under the general laws of the State of Connecticut.
~ 1-2. Rights and
obligations.
All property, both real and personal, all rights of action and
rights of every description and all securities and liens vested or inchoate in
said town as of the date when this Charter shall take effect are continued in
said town and said town shall continue to be liable for all debts and
obligations of every kind for which said town shall be liable on said date, whether
accrued or not. Nothing herein shall be construed to affect the right of said
town to collect any assessment, charge, debt or lien. If any contract has been
entered into said town prior to the effective date of this Charter or any bond
or undertaking has been given by or in favor of said town which contains
provisions that the same may be enforced by any office or agency therein named,
which is hereby abolished, such contracts, bonds or undertakings shall be in no
manner impaired but shall continue in full force and effect and the powers
conferred and the duties imposed with reference to the same upon any such
office or agency shall, except as otherwise provided in this Charter,
thereafter be exercised and discharged by the Board of Selectmen of said town.
~ 1-3. General grant of
powers.
In addition to all powers granted to towns under the Constitution
and General Statutes, the town shall have all powers specifically granted in
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 for purposes not prohibited by law.
~ 1-4. Effect of Charter.
This Charter shall be the organic law of the town in the
administration of its local affairs. Any reference within this Charter to any
pronoun specific in gender shall be interpreted to be gender neutral. Special
acts, ordinances, bylaws and resolutions inconsistent with this Charter and
superseded by it shall have no further force or effect after the effective date
of this Charter. Other special acts affecting the town and all other ordinances
and resolutions duly adopted and in force before the effective date of this
Charter, remain in force.
CHAPTER II
Elections
~ 2-1. General.
(a) Nomination
and election of state and federal officers, state senators and representatives,
and of such elective municipal officers, boards and commissions as are provided
for in this Charter shall be conducted, and the registrars of voters shall
prepare lists of electors qualified to vote therefor, in the manner prescribed
in the Constitution and the general and special laws of the state applicable to
the Town of Somers except as hereinafter provided.
(b) A meeting
of the electors of the Town of Somers, for the election of municipal officers
shall be held on the first Tuesday following the first Monday of November, 1981
and biennially thereafter unless changed by vote of the Town Meeting or by
referendum. The number of members of any one political party who may be elected
to any elective board shall not exceed the number prescribed by the General
Statutes. If a person vacating an elective board was elected as a member of a
political party, the vacancy shall be filled by a member of the same political
party.
~ 2-2. Voting districts.
There shall be two voting districts in the town. District One
shall be that portion of Somers located in House District 52. District Two
shall be that portion of Somers located in House District 59. The Town may be
divided further into more than two voting districts in accordance with the
provisions of CGS 9-169.
~ 2-3. Eligibility for
office.
No person who is not at the time of his election a qualified
resident voter of the Town of Somers, shall be eligible for election to any
town office, and any person ceasing to be a qualified resident voter of said
town shall thereupon automatically cease to hold elective office in the town,
and the office shall be deemed vacant.
~ 2-4. Breaking a tie.
When any regular or special municipal election conducted pursuant
to the provisions of this Charter results in a tie, a special election shall be
conducted to determine who shall be elected, or in the case of a question at
referendum, whether it shall be accepted or rejected. Said special election
shall be held by the Selectmen on the seventh day after the election which
resulted in a tie and shall be confined to the tied candidates or issues. Any
voting machine, the returns from which are not subject to disagreement, may be
unlocked and used in said special elections. If voting machines are not
available in sufficient number, paper ballots may be used in place of or in
conjunction with voting machines.
~ 2-5. Vacancies in elective
offices.
(a) Vacancies
in the Board of Selectmen shall be filled in the manner prescribed by the
General Statutes.
(b) A vacancy
occurring on the Board of Education, Board of Finance or Library Directors
shall be filled by vote of the remaining members, but if the vacancy is not
filled within thirty days from the time that the office becomes vacant, the
Board of Selectmen within thirty additional days shall fill the vacancy by
appointment.
(c) Subject
to the limitations of Subsections (a) and (b) of this section, the Board of
Selectmen shall fill by appointment a vacancy in any elective town office
within sixty days from the time that the office becomes vacant.
(d) An
appointee to a vacancy in an elective office shall serve until a successor,
elected at a special election or at the next regular town election qualifies. A
person elected at either a special or a regular town election to fill an
unexpired term shall serve the remainder of the term.
CHAPTER III
Elective Offices
~ 3-1. Two-year terms.
At each biennial election there shall be elected a Board of
Selectmen consisting of a First Selectman, a Second Selectman and a Third
Selectman, a Town Treasurer, four Constables and a Collector of Taxes.
~ 3-2. Board of Finance.
The electors shall elect a Board of Finance of six members for
terms of six years. At each regular town election, there shall be elected a
sufficient number of members to such Board to maintain its numbers at six.
~ 3-3. Board of Education.
The electors shall elect a Board of Education of nine members for
terms of four years. At the regular town election in 1981, there shall be
elected three members, two shall be for four years and one shall be for two
years. In 1983, there shall be four members elected and in 1985 there shall be
five members elected. Thereafter, there shall always be elected a sufficient
number of members to such Board to maintain its number at nine.
~ 3-4. Board of Assessors.
The electors shall elect a Board of Assessors of three members
for terms of four years. At each regular town election there shall be elected a
sufficient number of members to such Board to maintain its numbers at three.
~ 3-5. Board of Library
Directors.
The electors shall elect a Board of Library Directors of nine
members for terms of six years. At each regular town election there shall be
elected a sufficient number of members to such Board to maintain its numbers at
nine.
~ 3-6.[2]
The electors shall elect a Town Clerk for a term of four years.
The Town Clerk shall have those powers and duties prescribed by the Connecticut
General Statutes.
~ 3-7. Powers.
All of the officers and Boards provided for in Sections 3-1
through 3-5 shall have the powers and duties respectively described for them by
the General Statutes and by this Charter.
CHAPTER IV
Board of Selectmen
~ 4-1. Composition.
(a) The
members of the Board of Selectmen shall be a First Selectman and two Selectmen.
(b) The First
Selectman, while serving his term of office, shall not hold any paid civil
office under the government of the United States, the State of Connecticut or
any subdivision thereof, except that of Notary Public.
(c) Notwithstanding
the provisions of the General Statutes, at each biennial election, each elector
shall be entitled to cast votes equal to the number of seats on the Board. The
members of the Board of Selectmen shall be elected in accordance with the provisions
of the minority representation statutes.
~ 4-2. First Selectman.
(a) The First
Selectman shall be the Chief Executive and Administrative Officer of the town,
and shall have the powers and duties of the First Selectman prescribed by the
General Statutes and by this Charter. He shall be responsible to the Board of
Selectmen for the administration of agencies under the direct supervision of
the Board, and shall execute or cause to be executed town ordinances, and
regulations or resolutions voted by the Board of Selectmen.
(b) He shall
preside over meetings of the Board of Selectmen. The Second Selectman shall preside
in the absence or disability of the First Selectman, shall perform such other
duties of an absent or disabled First Selectman as the Board may designate by
resolution or regulation.
(c) The
salary of the First Selectman shall not be diminished during his term of
office.
(d) He shall
be an ex-officio member of all Board and Commissions of the town, but such
ex-officio membership shall be without vote except in the Board of Selectmen.
He shall be given reasonable notice of all meetings of Boards and Commissions
by their Chairmen or Secretaries, and may in writing appoint another member of
the Board of Selectmen to represent him at any meeting of a Board or
Commission.
~ 4-3. Board of Selectmen,
general powers and procedures.
(a) The Board
of Selectmen shall generally supervise the administration of the affairs of the
town, except those matters which by the General Statutes or this Charter are
exclusively committed to the Board of Education or other agencies.
(b) The Board
of Selectmen shall generally be responsible for coordinating the activities of
all the agencies of the town, and for keeping under review the present and
future needs of the town. It may by resolution or regulation require such
reports and joint meetings as may be useful to it in the performance of its
duties.
(c) A
majority of the Board of Selectmen shall constitute a quorum for the
transaction of any business. The Board may make regulations for the conduct of
its meetings and for the execution of its duties. It shall by regulation
provide for regular meetings at least once a month, and a procedure for calling
special meetings. Regulations of the Board shall be filed with the Town Clerk.
~ 4-4. Powers with respect to
ordinances.
(a) The Board
of Selectmen and Town Meetings, as provided in this section and in Section 7-5,
shall have the legislative power to enact ordinances consistent with the
General Statutes and this Charter on any matter which the General Statutes or
this Charter authorize to be legislated by ordinance, and in general for the
preservation of the good order, health, welfare and safety of the town and its
inhabitants. Any enactment of the Board of Selectmen or of Town Meeting which
provides a penalty shall be in the form of an ordinance. Enact, or enactment,
as used in this section, includes the adoption, amendment, or repeal of an
ordinance.
(b) An
ordinance enactment may be initiated by a member of the Board of Selectmen, or
by a petition signed by at least fifty electors of the town. The Board of
Selectmen shall, within thirty-five days after the ordinance enactment has been
initiated hold at least one public hearing on it. Ten days' notice of the
hearing shall be given by publication of the proposed ordinance in a newspaper
having a general circulation in the town and by making copies available at the
Town Hall.
(c) After
publication and hearing (or hearings as it deems necessary) the Board of
Selectmen shall vote any one of the following actions:
(1) To
refer the proposed ordinance enactment, or an amended version thereof, to Town
Meeting after which the Town Meeting shall proceed in accordance with Section
7-5,
(2) By
vote of a majority of the whole Board, to enact the proposed ordinance. On the
advice of the Town Counsel, minor clarifying amendments may be made in the
proposed ordinance without further public hearing;
(3) By
vote of a majority of the whole Board, to reject the proposed ordinance.
(d) If the
Board of Selectmen votes to enact a proposed ordinance, the ordinance as
enacted shall be published within ten days in a newspaper having a general
circulation in the town; and filed with the Town Clerk, who shall record it in
a book kept for that purpose. If the Board of Selectmen votes to reject the
proposed ordinance, the fact of such rejection shall be similarly published and
filed. An enactment may not become effective earlier than fifteen days after
publication. Within fourteen days after publication of either an enactment or
rejection, an application may be made to the Board of Selectmen in accordance
with Section 7-1 of this Charter for a Special Town Meeting to consider the
action of the Board of Selectmen. In that event, an enactment may not become
effective until the Special Town Meeting has met. If the Town Meeting does not
overrule the action of the Board of Selectmen, an enactment will thereafter
become effective on a date specified by vote of the Board of Selectmen.
(e) On a
declaration by the First Selectman that a state of public emergency exists
threatening the lives, health or property of citizens, the Board of Selectmen
may enact ordinances to meet such emergency without regard for the publication
and hearing requirements of this section. Emergency ordinances shall be so
designated. They may be made effective on such publication as the Board of
Selectmen finds it feasible under the circumstances. Emergency ordinances may
be overruled by Town Meeting in the same manner as other ordinance enactments
of the Board of Selectmen but without a time limit on the making of application
for a Special Town Meeting to overrule the enactment. They shall remain
effective until overruled or until the First Selectman declares in writing that
the state of public emergency has ended. On the happening of either event
emergency ordinances shall no longer have any force or effect.
~ 4-5. Additional powers and
duties of Selectmen.
(a) Except
for the powers committed to the Board of Education and the Board of Finance by
the General Statutes and of this Charter:
(1) To
incur indebtedness in the name of the town, and to provide for the due
execution of contracts and evidences of indebtedness issued by the town;
(2) To
take, purchase, lease, sell or convey real or personal property of or for the
town;
(3) To
institute, prosecute, defend or compromise any legal action or proceeding by or
against the town;
(4) When
empowered by ordinance, to enter into contracts for any services and to
purchase or contract to purchase any supplies, materials, equipment and other
commodities required by any town agency, except the Board of Finance with
respect to the town audit provided in Section 6-2. However, the Board of
Education may request the Board of Selectmen to act for it in the making of
such contracts and purchases; and the Board of Selectmen may by resolution or
regulation delegate its powers in this Subsection (4) to any town agency.
(5) To
enter into labor contracts with any municipal employee bargaining units except
employees of the Board of Education. Any such contracts shall be filed with the
office of the Town Clerk within two days of ratification and execution.
(b) The Board
of Selectmen shall have such other powers and duties as are provided for Boards
of Selectmen by the General Statutes and this Charter, and may exercise any of
the powers conferred on towns by Section 7-194 as amended of the General
Statutes to the extent that such powers are not otherwise granted or limited by
this Charter.
~ 4-6. Clerk of the Board of
Selectmen.
The Board of Selectmen shall appoint a Clerk of the Board of
Selectmen, who shall keep minutes of meetings, and record all votes and other
actions of the Board of Selectmen and shall perform such other duties as the
Board of Selectmen shall direct.
~ 4-7. Director of Health.
There shall be a director of Health for a term of four years with
the powers and duties of Health Directors prescribed by the General Statutes.
~ 4-8. Town Attorney.
There shall be a Town Attorney serving a term of two years to
furnish such legal services to the town, its officers and agencies as the Board
of Selectmen may authorize and he shall be the legal advisor to such town
officers or agencies in all matters affecting the town, and shall upon written
request submitted to him through the Board of Selectmen, provide a written
opinion on any question of law involving the respective powers and/or duties of
said officers or agencies.
CHAPTER V
Appointive Board in Office
~ 5-1. Board of Selectmen
appoint.
(a) The Board
of Selectmen shall appoint, whether for full terms or to fill vacancies, the
members of all boards and commissions authorized by Chapter 5 of this Charter,
herein referred to as appointive boards, subject to confirmation by Town
Meeting of appointments under Sections 5-5, 5-6, 5-7 and 5-8. The Board of
Selectmen shall make no appointments to any appointive board from the date of
the municipal election through the date of the expiration of its current term
of office.
(b) All
members of appointive boards shall be electors and residents of the town and
their positions shall be considered vacated upon ceasing to be electors or
residents of the town.
~ 5-2. Terms.
(a) The terms
of appointment to any appointive board shall not exceed six years and shall
commence 30 days after the term of the Board of Selectmen begins and shall be
established to expire as nearly as possible at regularly staggered annual
intervals.
(b) Despite
the expiration of his term, a member of an appointive board shall continue to
hold office until his successor has been appointed and qualified.
~ 5-3. Minority
representation.
The number of members of any one political party who may be
appointed to any appointive board shall not exceed the number prescribed by the
General Statutes. If a person vacating an appointive board was appointed as a
member of a political party, the vacancy shall be filled by a member of the
same political party.
~ 5-4. General powers and
procedures.
(a) Appointive
boards shall have the powers and duties prescribed by this Charter, or
prescribed by ordinance in the case of appointive boards authorized under
Section 5-22.
(b) They
shall choose a Chairman and a Secretary, and may make regulations for the
conduct of their meetings and the execution of their duties. Such regulations
shall be filed with the Town Clerk.
(c) The
members of appointive boards shall serve without compensation, except that
necessary expenses incurred in the performance of their duties may be paid from
an appropriation authorized for that purpose; and the members of the Board of
Tax Review shall be compensated as required by the General Statutes.
(d) Removal
for cause.
(1) A
member of an appointment[3] board may be removed for cause by the Board of
Selectman.
(2) No
such removal for cause shall be effected unless the member:
(a) Has received a statement, in writing, of the reasons why he
should be removed. This statement may be prepared either by the First Selectman
or by the remaining members of the appointive board.
(b) Has, not less than fifteen days after the delivery of the
statement of reasons, been afforded an opportunity for a hearing before the
Board of Selectmen, at which he may appear with counsel.
~ 5-5. Planning Commission.
There shall be a Planning Commission of five members serving
five-year terms with the powers and duties of Planning Commissions prescribed
by the General Statutes.
~ 5-6. Zoning Commission.
There shall be a Zoning Commission of five members serving
five-year terms with the powers and duties of Zoning Commissions prescribed by
the General Statutes.
(a) There
shall be three alternate members of the Zoning Commission, serving one-year
terms, with the powers and duties prescribed by the General Statutes.
~ 5-7. Employment of Town
Planners.
Notwithstanding the provisions of Section 4-5(a)4, the Planning
Commission and/or the Zoning Commission may, if there is an appropriation for
the purpose, employ Town Planning or Zoning consultants and contract for
technical services.
~ 5-8. Zoning Board of
Appeals.
(a) There
shall be a Zoning Board of Appeals of five members serving five-year terms,
with the powers and duties of Zoning Board of Appeals prescribed by the General
Statutes.
(b) There
shall be three alternate members of the Zoning Board of Appeals, serving
five-year terms, with the powers and duties prescribed by the General Statutes.
~ 5-9. Board of Assessment
Appeals.
There shall be a Board of Assessment Appeals of three members
serving three-year terms with the powers and duties of Boards of Assessment
Appeals prescribed by the General Statutes.
~ 5-10. Board of Fire
Commissioners.
There shall be a Board of Fire Commissioners of five members,
each serving a term of three years, with the powers and duties as prescribed by
town ordinance. The Board of Fire Commissioners, under the supervision of the
Board of Selectmen, shall be charged with: the financial management of the town
funds used by the Fire Department and the supervision and care of town
apparatus, buildings and equipment used by the Fire Department. The Board of
Fire Commissioners shall set specifications that shall be followed in the
purchase of apparatus, equipment and supplies by the town for the Fire
Department. The organization, government and membership shall be in accordance
with all applicable statutes and regulations and the Somers Volunteer Fire
Department's constitution and by-laws. There shall be a Chief elected by the
members of the Fire Department and approved by the Fire Commissioners. The
Chief shall be responsible for the emergency operation of the Fire Department
as prescribed by the Connecticut General Statutes.
~ 5-11. Recreation
Commission.
There shall be a Recreation Commission of seven members serving
two-year terms.
~ 5-12. Water Pollution
Control Authority.
There shall be a Water Pollution Control Authority consisting of
seven members serving three-year terms. The powers and duties of the Water
Pollution Control Authority shall be as prescribed by the Connecticut General
Statutes. In addition, there shall be two alternate members of the Water
Pollution Control Authority serving one-year terms. When seated, the alternates
shall have all of the powers and duties of regular members.
~ 5-13. Conservation and
Wetlands Commission.
There shall be a Conservation and Wetlands Commission of seven
members serving five-year terms. One member shall also be a member of the
Zoning Commission, one member shall also be a member of the Planning
Commission, and one member shall also be a member of the Water Pollution
Control Authority. The Commission shall have the powers and duties prescribed
by the Wetlands Ordinance enacted by the Town of Somers.
(a) There
shall be two alternate members of the Conservation Commission, serving one-year
terms. When seated, the alternate members shall have all of the powers and
duties of regular members.
~ 5-14. Housing Authority.
There shall be a Housing Authority of five members serving
five-year terms with the powers and duties of Housing Authorities prescribed by
the General Statutes.
~ 5-15. Building Board of
Appeals.
There shall be a Building Board of Appeals with five members
serving five-year terms with the powers and duties of Building Board of Appeals
prescribed by the General Statutes and the Connecticut Basic Building Code.
~ 5-16. Cemetery Committee.
There shall be a Cemetery Committee of five members serving
six-year terms.
~ 5-17. Advisory Committee to
the Elderly.
There shall be an Advisory Committee to the Elderly of nine
members serving one-year terms. The Municipal Agent shall be a member and
Chairman of the Committee. Other members will include a representative of the Senior
Club, a representative from each site of public housing for the elderly, a
Senior Drop-In Center representative and three representatives from different
geographical locations of Somers. The Committee shall have the powers and duties
of Advisory Committees as prescribed by the Board of Selectmen.
~ 5-18. Civil Preparedness
Advisory Council.
There shall be a Civil Preparedness Advisory Council of nine
members serving two-year terms. Four of these members shall consist of the
Resident Trooper, the Fire Chief, Superintendent of Schools and Superintendent
of Highways. The Council shall have the powers and duties of Civil Preparedness
Advisory Councils prescribed by state statutes.
~ 5-19. Ethics Commission.
The Commission shall be comprised of five (5) resident electors,
none of whom shall serve the town in any other capacity, either as an elected
or appointed member of a commission or board, nor as an employee of the town or
the Somers Board of Education. All members shall be appointed by majority vote
of the Board of Selectmen. Two (2) alternate members may also be appointed. Of
the five (5) members initially appointed, three (3) shall be appointed for a
term of two (2) years and two (2) for a term of one (1) year. All subsequent
appointments to the Commission shall be for a term of two (2) years. The
Commission shall have the powers and duties as set forth in applicable
Connecticut General Statutes Town Ordinances.
~ 5-20. Other appointive
positions.
(a) Appointive
boards may be created and their powers and duties specified by ordinance.
Appointive boards authorized by this section may be abolished or consolidated,
their powers and duties may be altered, and the number and terms of their
members may be changed by ordinance.
(b) The Board
of Selectmen may establish school building or other committees in accordance
with resolutions of Town Meeting, and such advisory or study committees as the
Board finds desirable in the discharge of its duties.
CHAPTER VI
Finance and Taxation
~ 6-1. Board of Finance.
The Board of Finance shall, not sooner than one week nor more
than three weeks following the biennial town election, meet and elect from its
membership, a Chairman, who shall preside over its meetings and choose a Clerk
who shall prepare the minutes and other records of each meeting.
Each member of the Board of Finance must:
(1) Be an
elector of the town;
(2) Be a
taxpayer of the town;
(3) Be sworn
to faithful performance of his duties; and
(4) Hold no
salaried town office.
Board members shall receive no compensation for services, but
necessary expenses of the Board are to be paid by the town from an
appropriation authorized for that purpose.
~ 6-2. Annual audit.
The Board of Finance shall annually designate an independent
public accountant to audit the books of the town as required by the General
Statutes.
~ 6-3. Treasurer.
The Treasurer shall receive all money belonging to the town, pay
it out on the order of the proper authority, keep accurately the records
required by law, and have such other powers and duties as are prescribed in the
General Statutes. He shall conform the procedures of his office to the
regulations of the Board of Finance adopted in accordance with this Charter.
~ 6-4. Preparation of the
budget.
At such time and in such manner as the Board of Finance may
require, every agency supported wholly or in part by town revenues, or for
which a specific town appropriation is or may be made shall present to the Board
of Finance an itemized estimate of the expenditures to be made by that agency,
and all other revenues, other than town appropriations, to be received by it or
for the use during the ensuing fiscal year. The estimates shall be accompanied
by such other reports and information as the Board of Finance may require. The
Board of Finance shall then revise the estimates, as it deems desirable and
prepare a proposed general town budget.
Not less than two weeks before the Annual Town Meeting, the Board
of Finance shall hold a public budget hearing, at which time the Board shall
present a list of itemized estimates of expenditures of the town for the next
fiscal year and shall hear all interested persons concerning proposed appropriations.
The Board of Finance shall then revise the estimates, as it deems
desirable and prepare the recommended town budget, which it shall present to
the Annual Town Meeting.
~ 6-5. Laying taxes.
After the Board of Tax Review has finished its duties and a Grand
List has been completed, the Board of Finance shall meet to lay a tax on the
Grand List sufficient, in addition to other estimated yearly income of the
town, to pay the expenses and appropriations of the town for the current year,
and also to absorb any revenue deficit of the town at the end of the preceding
fiscal year.
~ 6-6. Tax Collector.
The Tax Collector shall collect the taxes in accordance with the
provisions of the General Statutes, and shall issue monthly reports to the Town
Treasurer and to the Board of Finance and a yearly report to the town and
state.
~ 6-7. Special
appropriations.
(a) The Board
of Finance on request by town agencies may make special appropriations from
surplus revenue or from an approved contingency fund. Any such appropriation in
excess of the amount prescribed in CGS 7-348 shall require approval by a vote
of Town Meeting upon recommendation of the Board of Finance.
(b) When the
town is maintaining a reserve fund for capital and nonrecurring expenditures in
accordance with the General Statutes, payments into the reserve fund shall be
made upon the recommendation of the Board of Finance and approval by vote of
Town Meeting. An appropriation from the reserve fund in an amount not more than
$10,000.00 may be made on recommendation of the Board of Finance and approval
by the Board of Selectmen; a recommended appropriation of more than that amount
shall require approval by vote of Town Meeting. Appropriations for construction
or other permanent improvements, from whatever source derived, shall not lapse
until the purpose for which the appropriation was made shall have been
accomplished or abandoned, provided that any project shall be deemed to have
been abandoned if three fiscal years shall elapse without any expenditure from
or encumbrance of the appropriations therefor.
(c) Special
appropriations other than those from surplus revenue or from an approved
contingency fund may be made only by a vote of Town Meeting on recommendation
of the Board of Finance. If such an appropriation is voted before the tax is
laid in accordance with Section 6-5, it shall be included in the appropriations
of the town, which the tax must cover. If it is voted after the tax has been
laid, the Town Meeting must direct the Board of Selectmen to borrow such amount
as is necessary and the amount so borrowed shall be appropriated in the next
annual budget and paid from the tax next laid.
(d) The
provisions of this section shall not be a limitation on the power of the town
to issue bonds or other obligations for appropriations or indebtedness in
accordance with the General Statutes.
~ 6-8. Expenditures and
accounting.
(a) The
fiscal year of the town shall begin on July 01 and end on June 30 of the
following calendar year, unless changed by vote of a Town Meeting or by
referendum.
(b) The
system of accounts used by Town agencies shall be that required by law or by
regulations of the Board of Finance.
(c) The Board
of Finance shall keep under review the expenditures of town agencies, and may
by regulation prescribe periodic reports of expenditures, and establish a
system of quarterly allotments of appropriations to town agencies, which shall
not be exceeded without permission of the Board of Finance.
(d) The
regulations of the Board of Finance may also designate the forms and procedures
for orders to be drawn on the Treasurer by the Board of Education and the Board
of Selectmen.
(e) The
regulations of the Board of Finance required by this Charter shall be
consistent with this Charter and with the statutory powers and duties of other
town agencies, and all town agencies, including the Board of Education, shall
comply with them. They shall be adopted and may be amended by vote of the Board
of Finance. Any proposed regulation or amendment other than the regulations
specified in Section 6-1 shall first be referred to the Board of Selectmen for
comment and consultation. A similar reference shall be made to the Board of
Education or the Treasurer; if their interests are affected. All regulations of
the Board shall be filed with the Town Clerk.
(f) No
officer or agency of the town shall expend or enter into any contract, which
would oblige the town to expend in excess of any approved appropriation. Any
officer who without authority from this Charter or the General Statutes,
expends or causes to be expended any money of the town, except in payment of
final judgments rendered against the town, shall be liable in a civil action in
the name of the town, as provided in the General Statutes.
CHAPTER VII
Town Meeting
~ 7-1. Annual and Special
Meetings.
(a) The
Annual Town Meeting, which shall also be the annual budget meeting, shall be
held on the first Monday of May each year unless changed by vote of a Town
Meeting or by referendum. Special Meetings shall be called by the Board of
Selectmen in the manner provided by the General Statutes whenever they deem it
necessary, or on application by fifty persons qualified to vote in Town
Meeting.
(b) The
matters which the applicants for a Special Town Meeting desire to be acted upon
shall, if proper subjects for Town Meeting action, be put in proper form for
the call of a meeting and for a Town Meeting resolution with the assistance of
Town Counsel, and those matters shall come first in the call of the meeting.
The Board of Selectmen in their discretion may add other matters to the call of
the meeting.
(c) All Town
Meetings shall be advertised in a newspaper having circulation in Somers and
copy posted on the bulletin board at Town Hall and Somersville Post Office or
alternatively at another suitable location in Somersville, at least five days
prior to date of meeting. Warnings for Town Meetings may be typewritten or
printed and a copy shall be filed with the Town Clerk in Town Meeting Record
Book. Warnings must contain place, date and hour of meeting and list all
articles to be acted upon.
~ 7-2. Organization and
procedure.
(a) The First
Selectman shall call the meeting to order at the advertised time and the
meeting shall choose a moderator. The Town Clerk shall serve as clerk. In his
absence, the meeting shall choose a clerk.
(b) Electors
of the town and other persons qualified by the General Statutes may vote at
Town Meetings. Unless otherwise required by this Charter, Town Meeting action
shall be by majority vote of those present and voting.
~ 7-3. Annual budget.
Adoption of the annual budget shall be by vote of the Annual Town
Meeting. The meeting shall have the power to decrease any appropriation or item
in an appropriation, but it may not increase any appropriation or item in an
appropriation, or make any appropriation for a purpose not recommended by the
Board of Finance.
~ 7-4. Special
appropriations: public emergency appropriations.
(a) A special
appropriation and a payment into or appropriation from the reserve fund for
capital and nonrecurring expenditures, requiring Town Meeting approval may be
decreased by the Town Meeting, but may not be increased. A Town Meeting may
make no special appropriation or transfer of funds not recommended by the Board
of Finance, except public emergency appropriations.
(b) If a
declaration of public emergency in accordance with Section 4-4(e) is in effect,
the Town Meeting may make public appropriations to meet the emergency, but only
by a vote of two-thirds of those present and voting.
~ 7-5. Action on ordinances.
(a) When the
Board of Selectmen refers a proposed ordinance enactment in accordance with
Section 4-4 by vote of Town Meeting, the proposed ordinance may be adopted or
amended and adopted, and shall if adopted become effective on a date set by the
meeting; but not until it has been published in a newspaper published in the
state having a general circulation in the town. The Town Clerk shall promptly
record it in a book kept for that purpose.
(b) If a
special Town Meeting is called in accordance with Sections 4-4 and 7-1, it may:
(1) By
an affirmative majority vote supported by at least one hundred persons overrule
the action of the Board of Selectmen in enacting an ordinance, in which event
the enactment shall have no force or effect. However, the Special Town Meeting
may then vote to amend and adopt the proposed ordinance, as amended, and set
its effective date after publication and recordation as prescribed in Section
7-5(a).
(2) By
an affirmative majority vote supported by at least one hundred persons,
overrule the action of the Board of Selectmen in rejecting a proposed
ordinance. The Special Town Meeting may then vote to adopt, or amend and adopt,
the proposed ordinance, and to set its effective date after publication and
recordation as prescribed in Section 7-5(a).
~ 7-6. Confirmation of
certain appointments.
(a) Appointments
to the Planning Commission, Zoning Commission, Zoning Board of Appeals
(including alternate members), and the Board of Tax review for full terms shall
be submitted to a Town Meeting by the Board of Selectmen. An appointment to
fill a vacancy shall not require confirmation by Town Meeting, but instead,
said interim appointment shall be immediately effective and shall expire at the
next Annual Town Meeting. A prospective appointment shall become effective when
the term begins. The Board of Selectmen may not make or submit appointments for
full terms, which do not commence during the term of office of the Board of
Selectmen.
(b) If the
Town Meeting rejects an appointee, the Board of Selectmen shall submit another
appointment and may not submit the rejected appointee for appointment to the
same appointive board for a period of one year from the date of rejection.
(c) If the
Town Meeting fails to vote on an appointment when it is submitted, the
appointment shall be deemed to be confirmed, except that the meeting may vote
one adjournment to a fixed date not more than fifteen days later and then
resume consideration of the appointment.
~ 7-7. Sale or purchase of
real estate.
The acceptance and abandonment of roads by the town, the sale or
other disposition of real estate of the town used or reserved for town purposes
and the purchase or other acquisition of real estate for such purpose shall
require approval of Town Meeting. The sale of real estate not used or reserved
for town purposes shall be in accordance with an ordinance adopted by Town
Meeting.
CHAPTER VIII
Transitional and Miscellaneous
~ 8-1. Effective date:
adjustment of terms of office.
(a) The
effective date of this Charter shall be January 01, 2000.
(b) Appointed
or elected officers serving a term on the effective date shall continue to
serve until the expiration of their terms, unless the office, if appointive, is
abolished or the term shortened by ordinance in accordance with Section 5-20.
As present appointive terms expire or are vacated, the Board of Selectmen may
if necessary, make either new or vacancy appointments for short terms in order
to achieve the regular rotation of appointments prescribed by Section 5-2(a).
~ 8-2. Amendment.
This Charter may be amended in the manner prescribed by the
General Statutes.
~ 8-3. Saving clause.
If any section of this Charter shall be held invalid by a court
of competent jurisdiction, such holding shall not affect the remainder of this
Charter nor the context in which such section so held invalid may appear,
except to the extent that an entire section or part of section may be
inseparably connected in meaning and effect with the section or part of section
to which such holding shall directly apply.