2-01 TOWN ELECTIONS
(a) A meeting of the electors of the Town, hereinafter called “the regular Town Election”, shall take place on the Tuesday after the first Monday of November of the odd numbered years during such hours as are established by the General Statutes. Special Town Elections may be called in accordance with the General Statutes.
(b) The regular terms of all elected officials shall commence on the December 1st following their election unless otherwise provided by a specific provision of this Charter or the General Statutes. Notwithstanding the provisions of any ordinances to the contrary, each elected official shall hold office until his successor is elected and has qualified.
2-10 VOTING DISTRICTS
(a) The Town shall be divided and redivided into voting districts in accordance with the General Statutes. The Registrars of Voters, upon the request and subject to the approval of the Legislative Council, shall recommend voting district lines to the Legislative Council. 3
(b) There shall be 3 districts from within which Legislative Council members are elected. The districts as presently established shall continue until the assembly and senatorial districts of the State of Connecticut are revised in accordance with Article Third, Section 6 of the Constitution of Connecticut. Within 6 months of the completion of each such assembly and senatorial redistricting, the Legislative Council shall adopt, by 7 affirmative votes, Legislative Council district lines for 3 districts having as nearly equal population as is practicable. Prior to the adoption of such revised council district lines, the Legislative Council shall request from the Registrars of Voters, and the Registrars of Voters shall prepare within 60 days of such request, proposed Legislative Council district lines for the consideration of the Legislative
Council. Nothing herein shall require the Legislative Council to revise the existing Legislative Council districts should such existing Legislative Council districts remain the most equal division of the Town as is practicable.
2-20 ELIGIBILITY
No person who is not at the time of his election an elector and resident of the Town shall be eligible for election to any Town office and any person ceasing to be an elector or resident of the Town shall thereupon cease to hold elective office in the Town and the office shall be deemed vacant. No person shall hold more than one elective office at the same time.
2-30 MINORITY REPRESENTATION
(a) The number of members of any one political party who may be elected to serve on the Legislative Council from each district shall not exceed 3 of the 4 members elected from such district.
(b) The number of members of any one political party who may be elected to serve on the Board of Selectmen shall not exceed a bare majority of the whole membership of the Board.
(c) The number of members of any one political party who may be elected to serve on the Board of Education shall not exceed half the number of the whole membership of that Board.
(d) The number of members of any one political party who may be elected to serve on the Police Commission shall not exceed a bare majority of the whole membership of the Commission.
(e) The number of members of any one political party who may be elected to any other board or commission shall not exceed the maximum number prescribed by the provisions of Section 9-167a of the General Statutes, as amended.
(f) If a person vacating an elective board or commission shall have been elected as a member of a political party, the vacancy shall be filled by a member of the same political party.
2-40 VACANCIES IN ELECTIVE OFFICES
(a) A vacancy in the membership of the Legislative Council shall occur in the event of any one 4 of the following: (1) the death of a member; (2) the resignation of a member by written resignation filed with the Town Clerk, in which case such resignation shall take effect upon the date of such filing and the Town Clerk shall give immediate notice thereof to the Chairman of the Legislative Council; (3) if any member shall cease to be a resident or elector of the Town. A vacancy shall be filled from among electors resident in the district of the vacated member by majority vote of the Legislative Council members of the same political party of the vacated member within 30 days after the occurrence of such vacancy. If said vacancy is not filled within said period of 30 days, then it shall be filled forthwith by a majority vote of the remaining
members of the Legislative Council regardless of party affiliation. Said appointment shall be for the entire remaining term of the member vacating, and no special election for the filling of any such vacancy shall be called unless all positions on the Legislative Council shall be vacant at the same time. The removal by a Legislative Council member from one district to another shall not constitute a creation of a vacancy provided that said member remains an elector and resident of the Town. Should such member resign or a vacancy occur in his seat subsequent to such move, the vacancy shall be filled by a member appointed from the district from which the member was originally elected.
(b) Vacancies in the Board of Selectmen shall be filled in the manner prescribed by the General Statutes.
(c) A vacancy or vacancies occurring in the Board of Education shall be filled by a vote of a majority of the authorized membership of said Board. If said vacancy or vacancies are not filled within 30 days from the date they occur the First Selectman, with the approval of the Board of Selectmen, shall, within 30 additional days, fill the vacancy or vacancies by appointment. If, at any time, the number of vacancies on any such Board shall leave less than a majority of the authorized membership, all existing vacancies shall be filled by the Board of Selectmen, within 30 days.
(d) A vacancy or vacancies occurring in the Board of Managers of the Edmond Town Hall shall be filled by a majority of the remaining members. If said vacancy or vacancies are not filled within 30 days from the time they occur, the First Selectman, with the approval of the Board of Selectmen, shall, within 30 additional days, fill the vacancy or vacancies by appointment. If, at any time, the number of vacancies on any such Board shall leave less than a majority of the authorized membership, all existing vacancies shall be filled by the First Selectman, with the approval of the Board of Selectmen, within 30 days.
(e) Subject to the limitations of subsections (a), (b), (c) and (d) of this section, the First Selectman, with the approval of the Board of Selectmen, shall fill by appointment a vacancy in any other elective Town office within 60 days from the time that the office becomes vacant.
(f) All vacancies in elective office shall be filled at the next regular Town election except where prohibited by the General Statutes. The person appointed to fill a vacancy in an elective office shall serve only until a successor is elected to fill the vacancy at a special election or at the next regular Town Election and has qualified. A person elected to fill a vacancy and a person appointed to fill a vacancy which is not to be filled at the next regular Town election because such election is prohibited by the General Statutes shall serve the remainder of the term. 5
2-50 TWO-YEAR TERM OFFICES
At each regular Town Election, there shall be elected a Board of Selectmen consisting of the First Selectman and 2 Selectmen, a Town Clerk, Board of Finance and a Legislative Council of 12 members as set forth in Section 7-10 of this Charter. These officers shall serve terms of 2 years and shall have the powers and duties prescribed for their offices by this Charter and by the General Statutes.
2-51 REGISTRAR OF VOTERS
At the Presidential election, there shall be elected, for a term of 4 years, 2 registrars of voters for the Town at large. One registrar from each political party shall be elected. The registrars shall have the powers and duties prescribed for their offices by this Charter and by the General Statutes.
2-60 BOARD OF ASSESSMENT APPEALS
There shall be 3 members of the Board of Tax Review elected to terms of 4 years, with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election.
2-70 BOARD OF EDUCATION
(a) The Board of Education shall be composed of 6 members serving 4 year terms. At each regular Town Election, 3 members of said Board shall be elected in accordance with the provisions of subsection (c) of Section 2-30 of this Charter.
(b) The Board of Education shall elect a chairman and secretary from among its members and may prescribe their duties by regulation. Said Board shall maintain good public elementary and secondary schools and such other educational activities as in its judgment will best serve the interests of the Town and shall have all other powers and duties of boards of education prescribed by this Charter and by the General Statutes.
2-80 BOARD OF MANAGERS OF THE EDMOND TOWN HALL
(a) The Board of Managers of the Edmond Town Hall shall be composed of 6 members serving 6 year terms. At each regular Town Election, 2 members of said Board shall be elected, both of whom may not be members of the same political party. (b) Said Board, at its first meeting following a regular Town Election, shall elect from its membership a chairman, who shall preside over its meetings and shall choose a clerk who shall not be a member of the Board. The clerk shall keep a record of the votes and other actions of said Board and shall be sworn to the faithful performance of his duties.
(b) Said Board shall have the exclusive care and maintenance of Edmond Town Hall and all grounds and buildings appurtenant thereto, together with all powers and duties prescribed for said Board by Special Act No. 98 of the 1931 session by which it was created, as amended by Special Act No. 517 of the 1953 session.
2-90 PLANNING AND ZONING COMMISSION
(a) There shall be a Planning and Zoning Commission which, subject to the provisions of this Charter, shall have all of the powers and duties conferred and imposed by the General Statutes upon planning and zoning commissions. The Commission shall act as the Planning Commission for the Borough of Newtown and shall, to the extent that it is so empowered by ordinance of the Borough of Newtown, act as Zoning Commission for the Borough of Newtown.
(b) The Commission shall consist of 5 members whose terms shall be 4 years, not more than 4 of whom shall be from the same political party with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election.
(c) There shall be 3 alternate members of the Commission who shall be elected at each regular Town Election for terms of 2 years, not more than 2 of whom shall be from the same political party. Such alternates shall have the powers and duties conferred and imposed on alternates by the General Statutes, the provisions of this Charter and the by-laws of the Commission.
(d) All of the regulations and acts of the Commission prior to the effective date of this Charter shall continue in full force and effect until modified, repealed or superseded by the Commission.
(e) The Planning and Zoning Commission shall accept on behalf of the Town all open spaces, parks, playgrounds, real property for the purpose of widening or realignment of existing public highways and drainage, slope or similar easements which it requires to be provided by a subdivider as a condition of subdivision approval. The power of the Commission to accept said open spaces, parks, playgrounds, real property and easements shall be limited to those situations where title to the property is free and clear of all encumbrances and is conveyed by warranty deed. Acceptance by the Commission shall not occur until the final subdivision map approved by the Commission has been filed with the Town Clerk. The Commission’s approval is not subject to further appeal under Connecticut law. In the event title to the open spaces, parks,
playgrounds, real property or easements is encumbered, the power to accept said property on behalf of the Town shall vest in the Legislative Council or the Board of Selectmen pursuant to Section 7-90.
2-100 ZONING BOARD OF APPEALS
(a) There shall be a Zoning Board of Appeals which shall have all the powers and duties conferred and imposed by the General Statutes upon zoning boards of appeals.
(b) The Board shall consist of 5 members whose terms shall be 4 years, none of whom shall be a member of the Planning and Zoning Commission and not more than 4 of whom shall be from the same political party, with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election.
(c) There shall be 3 alternate members of the Board who shall be elected at each regular Town Election for terms of 2 years, not more than 2 of whom shall be from 7 the same political party. Such alternates shall have the powers and duties conferred and imposed on alternates by the General Statutes, the provisions of this Charter and the regulations of the Board.
(d) All of the regulations and acts of the Board prior to the effective date of this Charter shall continue in full force and effect until modified, repealed or superseded by the Board according to law.
2-110 BOARD OF POLICE COMMISSIONERS
(a) There shall be elected a Board of Police Commissioners composed of 5 members who shall serve 4 year terms with the number to be elected in each regular Town election to be determined by the number of members whose terms expire on or before the December 1st after the election. The Board of Police Commissioners shall maintain a Police Department in the Town and shall appoint a Chief of Police. No member of the Board of Police Commissioners shall be a member or officer of the Police Department, the Chief of Police, a special constable, or a member of any other Board or Commission, nor shall the member hold any elective office of the Town except as provided in subsection (e) of Section 3-10 of this Charter.
(b) The Board of Police Commissioners shall, subject to budgetary limitations, have all of the powers now or hereafter granted to boards of police commissioners by the General Statutes of Connecticut, and, in addition to and not in limitation thereof, shall have the power to:
(1) Make all the regulations necessary to organize and maintain the Police Department including, without limitation, the establishment of ranks within said Department and the duties and responsibilities of each such rank;
(2) Appoint, promote, suspend and remove members and officers of the Police Department in accordance with said regulations.
(c) No regulation enacted by the Board of Police Commissioners shall become effective until a copy of said regulation has been filed with the Newtown Town Clerk.
(d) Appointees to the Police Department shall hold office during good behavior and until removed for cause by the Board of Police Commissioners. A violation of the regulations adopted by the Board of Police Commissioners shall be sufficient cause for removal.
(e) No active head of the Police Department shall be dismissed unless he has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally and by counsel, at a public hearing before the Board of Police Commissioners. Such public hearing shall be commenced not less than 5 nor more than 10 days after such notice. Any person so dismissed may appeal in the manner described by Section 7-278 of the General Statutes.
(f) The members and officers of the Police Department shall have the authority with respect to the service of criminal process and the enforcement of the criminal laws as vested by the General Statutes in officers and members of an organized police department or force or constables.
(g) The First Selectman, with the approval of the Board of Selectmen, may appoint 8 special constables pursuant to Chapter 95 of the General Statutes. Such special constables appointed under Section 7-92 of said Chapter 95 shall be under the control of the Chief of Police.
(h) The Board of Police Commissioners shall be the traffic authority of the Town.
2-120 DUTIES AND COMPENSATION OF TOWN CLERK
(a) The Town Clerk shall exercise the powers and perform the duties of a Town Clerk as provided by the General Statutes except as hereinafter provided and shall perform such other duties as required by this Charter. The receipts to be paid to the Town Clerk shall be collected in accordance with the provisions of the General Statutes or this Charter or ordinances of this Town and shall be deposited with the Financial Director of the Town and the Town Clerk shall file with the Financial Director a full statement of such receipts monthly. The Town Clerk shall also keep a record of receipts in his office which shall show the amounts thereof and for what received. The expenses of each office will be provided for in the usual budgetary manner.
(b) The Town Clerk shall receive a salary in lieu of all fees and other compensation.
2-130 BOARD OF FINANCE
The Town shall have a Board of Finance consisting of six (6) members who shall be elected for terms of two (2) years. The provisions of minority representation as set forth under Section 9-167a, of the General Statutes as amended, shall apply to the Board of Finance and each political party may nominate and elect as many members of the Board of Finance as shall be permitted by the minority representation provisions of said Section 9-167a, any Special Act to the contrary notwithstanding.
The Board of Finance shall have the powers granted and the duties imposed by this Charter together with the powers granted and the duties imposed by the General Statutes on Boards of Finance except to the extent that the latter may be inconsistent with or in conflict with any of the provisions of this Charter.
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