4-01 GENERAL PROVISIONS
(a) The First Selectman, with the approval of the Board of Selectmen, shall appoint, whether for full terms or to fill vacancies, the members of all appointive boards and commissions required by Chapter 4 of this Charter or hereafter created by ordinance, except the Board of Fire Commissioners, subject to the provisions of Section 4-20 of this Charter. During the last 8 days of his term, the First Selectman shall not make any appointments to appointive boards.
(b) All members of appointive boards shall be electors and residents of the Town and shall vacate their positions on ceasing to be electors or residents of the Town.
(c) Appointive boards other than those required by this Chapter 4 may be created, abolished and consolidated; their powers and duties established, altered and repealed; and the number and terms of office of their members established and changed by ordinance.
(d) Appointive boards required by this Chapter 4 other than the Board of Fire Commissioners and the Board of Ethics may, in their discretion, appoint associate members, with voice but without vote, for terms no longer than the terms of members of the appointing board.
(e) The Board of Selectmen may, by resolution, establish such advisory or study committees as they find desirable in the discharge of their duties.
4-10 TERMS OF OFFICE
(a) The terms of appointment to any appointive board, except the Building Appeals Board, shall not exceed 4 years and shall be established to expire, as nearly as is possible, at regularly staggered annual intervals, unless otherwise provided by this Charter or by the General Statutes.
(b) The terms of office on all appointive boards and commissions shall commence on January 7th, unless otherwise required by law. The length of terms shall be as hereinafter specified.
(c) Any vacancy on any appointive board or commission, from whatever cause arising, shall be filled by appointment by the Board of Selectmen for the unexpired portion of the term vacated, within 45 days of such vacancy. If such vacancy has not been filled by the Board of Selectmen within 45 days, the remaining members of such board or commission shall fill such vacancy subject to the provisions of Section 4-20 of this Charter.
(d) The term of each member of an appointive board or commission who is an incumbent as of November 5, 1991 shall be extended to the January 7th following the date said term would otherwise expire, unless otherwise provided in this Charter.
4-20 MINORITY REPRESENTATION
The number of members of any one political party who may be appointed to any appointive board shall not exceed the maximum number prescribed by Section 9-167a of 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 or by an unaffiliated elector and, if the newly appointed member is an unaffiliated elector and must vacate his appointment, the person appointed to fill such a vacancy must be either an unaffiliated elector or a member of the same political party as the person initially appointed.
4-30 GENERAL POWERS AND PROCEDURES AND COMPENSATION
(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 subsection (c) of Section 4-01 of this Charter.
(b) Appointive boards 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 the purpose.
4-40 REMOVAL FOR CAUSE
(a) A member of an appointive board or the Town Assessor or Tax Collector may be removed for cause by the Board of Selectmen.
(b) The Board of Selectmen shall adopt a personnel policy establishing procedures, consistent with due process, for removal for cause.
(c) Within 30 days from such removal, any person so removed may, in writing, request a hearing before the Legislative Council. Such hearing shall be held within 15 days from the date such request is made and such person may appear at the hearing with counsel. After such hearing, the decision of the Board of Selectmen may be reversed, modified or upheld by said Legislative Council, provided said Legislative Council acts no later than 30 days after the conclusion of such hearing.
4-50 BOARD OF FIRE COMMISSIONERS
(a) There shall be a Fire Department consisting of all the volunteer fire companies located within the Town, under the operation, supervision and management of a Board of Fire Commissioners. The Board of Fire Commissioners shall be composed of 7 members serving 3 year terms who shall be chosen by the several volunteer fire companies in the following manner:
(1) Each volunteer fire company, in accordance with its by-laws and regulations prescribed by the Board of Fire Commissioners, shall appoint one member of said Board. 13
(2) The commissioners so chosen shall then meet and appoint such additional commissioner or commissioners as may be necessary to constitute the full membership of 7. Said Board appointed members shall not be members of any volunteer fire company.
(3) Each new volunteer fire company admitted to the Fire Department shall be entitled to appoint one new member of said Board and said Board shall also appoint one new member thereof, in the manner prescribed in subsections (1) and (2) hereof.
(4) Should a volunteer fire company fail to appoint a member of said Board, the commissioners shall within 30 days appoint a member to fill the vacancy who shall not be a member of any fire company.
(b) In addition to its general power to operate, supervise and manage the Fire Department, the Board of Fire Commissioners shall have the specific powers and duties set forth in subsections (c) through (e) below and such other powers and duties as may be prescribed by ordinance and by the General Statutes.
(c) The Board of Fire Commissioners shall be responsible for the financial management of the Fire Department and for the supervision and care of Town apparatus and equipment used by the Fire Department. It may set specifications which shall be followed in the purchase of apparatus, equipment and supplies by the Town for the Fire Department.
(d) The organization, government, membership and management of the Fire Department shall be in accordance with the by-laws and regulations of the departments in effect on the effective date of this Charter. Such by-laws and regulations may be amended by the Board of Fire Commissioners. Amendments to the bylaws, however, shall become effective only on approval by a majority of the volunteer fire companies which are members of the Fire Department.
(e) The Board of Fire Commissioners shall appoint a fire marshal and may appoint deputy fire marshals and fire policemen, who shall have the powers and duties prescribed for their offices by the General Statutes or by ordinance.
4-60 BOARD OF ETHICS
(a) There shall be a Board of Ethics composed of 6 regular members and 2 alternate members. The Board of Ethics shall have the powers and duties set forth herein and in the General Statutes. At no time shall more than 3 regular members and one alternate member be of the same political party. An alternate member shall vote only in the absence or disability of a regular member. A quorum shall be 4 members. The First Selectman, with the approval of the Board of Selectmen, shall appoint all members to the Board of Ethics. All appointments to the Board shall be for a term of 4 years. In no event may any member of the Board serve on said Board for a period of more than 8 years in succession. Any member who has served for 8 years in succession shall be ineligible for reappointment to the Board for a period of 4 years after he last served on the
Board of Ethics. Each member shall serve until his successor has been appointed.
(b) The Code of Ethics is an ordinance which can be amended in accordance with the procedures for amending ordinances except that the Board of Ethics, without a petition. may propose amendments. In the event that an amendment is so proposed, the Legislative Council shall have 60 days to approve, modify or reject said amendment.
(c) The Board shall be charged with the administration of the Code of Ethics. The Board shall adopt and may amend reasonable rules and regulations for the administration of its proceedings. Prior to adopting or amending said rules and regulations, the Board shall hold a public hearing. Notice of the date, time and place of the public hearing, together with the text of the proposed amendment, shall be published in a newspaper having a substantial circulation in the Town of Newtown not less than 10 days before the date of said hearing. All such rules and regulations, as currently amended, shall be made available at the office of the Town Clerk to any elector of the Town.
(d) The Board shall receive complaints of any violations of the Code of Ethics and shall, upon such complaint, investigate the same and may hold private hearings thereon if, in the opinion of the majority of the Board, said complaint warrants a hearing. Any complaint received by the Board must be in writing and signed by the individual making said complaint. Upon receiving any complaint, the Board shall privately notify in writing the person against whom said complaint has been filed, advising the concerned party of the specific nature of the complaint made and being investigated by the Board and the name of the complainant. Upon receipt of said notice from the Board, the party so notified that a complaint has been filed against him shall have the right to demand a full hearing by the Board. In the event the Board decides that a hearing
is required, or the person whose conduct is being called into question demands a hearing, said hearing shall afford the person whose conduct is called into question the right to cross-examine anyone testifying against him, to meet and answer any complaint made of his conduct, and to present evidence in his own behalf. No hearing may be conducted with less than 4 members of the Board in attendance.
(e) In the event the Board shall receive complaints against any officer, official or employee of the Town, the investigation and disposition of which have been delegated to other boards or commissions created by the Charter or under the General Statutes, then the Board shall forward the complaint received to the appropriate board or commission. The board or commission to which such complaints are forwarded shall thereafter notify the Board of the disposition made of said complaint.
(f) The Board shall report to the Board of Selectmen its finding as to whether or not a violation of the Code of Ethics has occurred, together with recommendation as to dispositions to be made. The Board of Selectmen shall thereupon take such action as it may deem appropriate including, but not limited to, removal from office, suspension or censure of the person(s) who is the subject of the complaint or dismissal of the charges, except that elected officials may not be removed or suspended from office.
(g) Whenever, an officer, official or employee of the Town is contemplating taking an action or participating in any proceeding and has any question concerning the conformity of that action or participation with the Code of Ethics, the officer, official or employee shall have the right to seek an advisory opinion of the Board. Such request must be submitted in writing and the resulting advisory opinion from the Board shall be in writing. 15
(h) All opinions, findings and recommendations of the Board, whether advisory or at the request of a complainant, shall be kept on file in the office of the Town Clerk.
(i) The Legislative Council, by regulation, may prescribe procedures permitting the reimbursement by the Town of any reasonable attorney’s fees incurred in connection with an appearance before the Board of Ethics by an officer, official or employee of the Town.
4-70 PARKS AND RECREATION COMMISSION
There shall be a Parks and Recreation Commission which shall be composed of 6 members serving 2 year terms and which shall be charged with the care, management and supervision of all public parks and other areas set aside by the Town for recreational purposes or donated to the Town for such use. It shall undertake and develop such recreational program or programs as the needs of the Town require, provided there is an appropriation or private donations have been received for this purpose. Said commission shall have such other powers and duties as from time to time may be prescribed by ordinance and by the General Statutes.
4-80 BUILDING APPEALS BOARD
There shall be a Building Appeals Board composed of 5 members serving 5 year terms, with such powers and duties as from time to time may be prescribed by ordinance and by the General Statutes. Each member shall be qualified by experience and training to vote upon matters pertaining to building construction. No member of said Board shall vote on any question concerning a matter in which he is engaged as contractor, material dealer, architect or engineer, or in which he has a personal interest. No member of said Board shall serve more than 2 consecutive terms.
4-90 PUBLIC BUILDING AND SITE COMMISSION
(a) Composition and Appointment
(1) The Public Building and Site Commission shall consist of 7 members, no more than 4 of whom shall be from one political party, appointed by the First Selectman and confirmed by the Board of Selectmen. Such members shall serve 4 year terms and until their successors are appointed and have taken office. Appointments shall be made to include members qualified by experience or training in matters pertaining to building design, construction or contractual instruments.
(2) There shall be 2 alternates appointed, with no more than one alternate from the same political party, who serve 4 year terms and who are appointed by the First Selectman and confirmed by the Board of Selectmen.
(b) Powers and Duties
(1) The Public Building and Site Commission shall have control of supervision and construction of building projects including major new construction, alteration or extension, furnishing or equipping of a building to be used for public purposes including the acquisition and improvement of land thereto and with improvements thereon, if any. Contracts in connection with all building projects shall be authorized by the Board of Select- 16 men or the Board of Education. The Commission shall have such other powers and duties germane to the office and not inconsistent with the General Statutes or prescribed by ordinance.
(2) The Public Building and Site Commission shall be empowered to appoint ad hoc committees to assist with special projects.
4-100 CONSERVATION COMMISSION
There shall be a Conservation Commission composed of 7 members with such powers and duties as may from time to time be prescribed by ordinance and the General Statutes.
4-110 TRUSTEES OF THE CYRENIUS H. BOOTH LIBRARY
(a) There shall be a Board of Trustees of the Cyrenius H. Booth Library consisting of 18 persons who shall be residents and electors of the Town.
(b) The Cyrenius H. Booth Library shall be operated by the Board of Trustees and the Trustees shall have the status, powers and duties set forth in Special Act No. 108 of the 1931 session of the General Assembly as amended by Special Act No. 110 of the 1959 session of the General Assembly, which acts shall remain in full force and effect, except to the extent superseded or revised by this Charter.
(c) The Trustees shall serve 3 year terms with the term of 6 Trustees expiring on July 1 each year. Of the 6 Trustees to be appointed each year, a number established by the by-laws adopted by the Board of Trustees, but not less than 2, shall be appointed by the First Selectman, with the approval of the Board of Selectmen. The balance of the 6 to be selected shall be elected by the vote of the remaining Trustees present and voting at a meeting warned for the purpose. No Trustee shall serve for more than 9 consecutive years except to complete a term for which the Trustee shall have been elected, and thereafter said Trustee shall be ineligible to serve as Trustee for a period of 2 years.
(d) Vacancies shall be filled in accordance with the by-laws of the Board of Trustees, except that vacancies in offices filled by appointment of the First Selectman shall be filled by appointment of the First Selectman, with the approval of the Board of Selectmen.
| 
