7-10 THE LEGISLATIVE COUNCIL
The Legislative Council shall consist of 12 members, 4 of whom shall be elected from each of 3 Legislative Council districts as nearly equal in population size as is practicable, established in accordance with Section 2-10 (b) of this Charter. Members shall serve without compensation but shall be entitled to reimbursement for just and necessary expenses incurred in the performance of their duties. No member of the Legislative Council shall hold or be appointed to any other office, board or commission of the Town.
7-20 ORGANIZATION MEETING - CHAIRMAN AND VICE CHAIRMAN - RULES
The first meeting of the newly elected Legislative Council shall be held within 6 days after the members take office. At such meeting, chaired by the Town Clerk, the members first shall elect from their number a Chairman and Vice Chairman, neither of whom shall be the First Selectman. The Legislative Council, from time to time, may adopt rules to govern its procedures not inconsistent with the requirements of this Charter, provided such rules are adopted by a majority of at least 9 affirmative votes. A copy of any such rules shall be filed with the Town Clerk.
7-30 CLERK
The Legislative Council shall appoint a Clerk, not a member of the Legislative Council, who shall keep minutes of meetings, record all votes and other actions of the Legislative Council, prepare the Agenda and notices of all regular and special meetings or cancellation at the direction of the Chairman and perform such other duties as the Legislative Council, from time to time, shall direct.
7-40 MEETINGS
(a) Regular meetings of the Legislative Council shall be held twice a month, except that when no Legislative Council member has notified the Chairman that there is any business which may properly be acted on by the Legislative Council, and the Chairman knows of no such business, then the meeting may be cancelled upon written or oral notice by the Chairman to the members. Special meetings may be called by the Chairman as he deems them necessary.
(b) Notice shall be given to all members of the Legislative Council of the time and place at which all regular and special meetings are to be held. Each such notice shall include the Agenda for the meeting and shall be deposited in the mail or otherwise delivered to each member at least 3 days before the meeting and filed with the Town Clerk and open for public inspection. The Legislative Council may hold an emergency meeting at the immediate call of the Chairman, subject to ratification at that meeting of the Chairman’s decision that an emergency existed by at least 8 affirmative votes, in which event the nature of the emergency shall be set forth fully in the minutes of the meeting. 31
(c) Seven members shall constitute a quorum at all meetings for the transaction of business.
(d) The Agenda of each regular or special meeting of the Legislative Council shall be prepared by the Chairman and, in addition to matters set forth by the Chairman, shall include any matter or item, including without limitation, action or ordinance set forth in a written request filed with the Chairman not less than 7 days prior to such meeting: (1) by any member of the Legislative Council; (2) by the First Selectman; or (3) by not less than 80 persons eligible to vote at Town Meetings. Any such request filed by 80 or more persons eligible to vote at Town Meetings shall contain the resolution or ordinance on which action is sought, which resolution or ordinance shall be submitted to the Town Attorney for his opinion as to the power of the Legislative Council to act thereon and his approval of the form of the resolution or ordinance. Such
opinion or approval shall not be unreasonably delayed.
(e) Any person eligible to vote at a Town Meeting may speak during a portion of each regular or special meeting on any matter on the Agenda of that meeting, subject to such conditions, rules and regulations as may be established from time to time by the Legislative Council, including the right to limit public participation in the working sessions on the budget.
(f) Subject to appropriate rules of order adopted by the Legislative Council and Connecticut law on freedom of information, matters not on the Agenda may be discussed. No action shall be taken by the Legislative Council on any matter unless it appears on the Agenda sent to Legislative Council members with the notice of the meeting unless emergency action is required at any regular or special meeting at which it is found by 8 affirmative votes than an emergency exists or at an emergency meeting called as set forth above.
7-50 ORDINANCES
(a) The Legislative Council, by majority vote consisting of at least 6 affirmative votes, shall have the power to make, alter and repeal ordinances not inconsistent with the Constitution or General Statutes of the State of Connecticut or the provisions of this Charter, for the execution of the powers now or hereinafter vested in the Town for the government of the Town and management of its affairs, the preservation of good order and for the peace, health, welfare and safety of its inhabitants and the protection and security of their property.
(b) Prior to action on an ordinance by the Legislative Council it shall conduct a public hearing at which all persons interested shall be given a reasonable opportunity to be heard on the proposed ordinance.
(c) Notice of the date, time and place of said hearing and the full text of any proposed ordinance shall be published in a newspaper having a substantial circulation in the Town at least 10 days before the day on which such hearing is to be held.
(d) Action by the Legislative Council, either repealing, enacting, or modifying and enacting, or refusing to enact a proposed ordinance shall be taken within 30 days of the hearing held thereon.
(e) Following action by the Legislative Council, notice of said action shall be published in a newspaper having a substantial circulation in the Town within 21 days of such Legislative Council action and filed with the Town Clerk. If the ordinance was modified and enacted as modified, notice of such action shall include publication of the full text of the ordinance as enacted. 32
(f) Any ordinance enacted shall not become effective sooner than 14 days after the date of publication of such notice and, if no other date is given as the effective date of such ordinance, shall become effective on the fifteenth day after publication. If a referendum is called in accordance with the provisions of Section 7-100 of this Charter, the effective date of such ordinance shall be suspended until the date of the day after the referendum.
7-51 REGULATIONS
Where regulations of the Legislative Council are authorized by this Charter, they shall be adopted, amended or repealed by majority vote of the Legislative Council, consisting of at least 6 affirmative votes. Any proposed regulation, amendment or repeal shall be referred to the Board of Selectmen for comment and consultation prior to action. A similar reference shall be made to the Board of Education, departments or the Financial Director if their interests are affected.
Following action by the Legislative Council, the full text of the regulation adopted or as amended shall be filed with the Town Clerk within 10 days of such action. Regulations enacted or amended shall become effective on the fifteenth day after such action.
7-60 EMERGENCY ORDINANCES
Any provision of this Charter to the contrary notwithstanding, the Legislative Council may by the affirmative vote of two-thirds of its entire authorized membership, enact emergency ordinances without a public hearing and without publication or other notice prior to enactment and without the right of the voters to petition for a referendum. The reasons for such emergency shall be stated explicitly in the vote of the Legislative Council enacting such ordinance and the preamble of the ordinance shall set forth the existence and nature of the emergency and that the enactment of the ordinance is necessary for the immediate protection of the peace, health, welfare or property of the citizens of the Town. An emergency ordinance shall become effective immediately upon the publication thereof in a newspaper having a substantial circulation in the
Town and upon filing of the same with the Town Clerk. An emergency ordinance shall cease to be effective upon the expiration of a period of 60 days after its publication unless the ordinance shall be reenacted prior to the expiration of said period in accordance with the requirements set forth in Section 7-50 of this Charter, which action shall be subject to the right of referendum as set forth in Section 7-100 of this Charter.
7-70 TOWN MEETINGS
(a) An Annual Town Meeting shall be held on the first Monday in October to hear and discuss the annual reports of the boards, commissions, departments and officers for the preceding fiscal year. Nothing herein shall be deemed to lessen the right of the Legislative Council to request such reports as it deems necessary from such boards, commissions, departments and officers from time to time throughout the year.
(b) An Annual Budget Referendum shall be held on the fourth Tuesday of April for action on the annual budget.
(c) Special Town Meetings shall be called to consider and act upon matters on which such Town Meetings are authorized to act by this Charter as from time to time required. 33
(d) The Annual Budget Referendum, Annual Town Meeting and all Special Town Meetings shall be called by the Board of Selectmen on direction of the Legislative Council or in accordance with the mandate of this Charter upon the giving of the notice required by the General Statutes for the holding of Town Meetings or Referendums.
(e) Each such meeting shall choose a moderator who shall preside at such meeting and any adjournments thereof. The Town Clerk or his assistant shall serve as Clerk of all such meetings. Electors of the Town and other persons qualified to vote under the General Statutes may vote at Town Meetings. Town Meeting action shall be by majority vote of those present and voting unless otherwise required by this Charter.
7-80 AUTHORITY REGARDING SPECIAL AND EMERGENCY APPROPRIATIONS
(a) Except as set forth in subsection (b) below, the Legislative Council shall have the power to make special and emergency appropriations, as such appropriations are defined in Section 6-30 (a) of this Charter, in an amount not in excess of $150,000 for any one item during a fiscal year. Said amount shall be cumulative during the fiscal year as to any one item. The total of special and emergency appropriations made by the Legislative Council for all purposes during a fiscal year shall not exceed an amount equal to one mil on the most recently completed Grand List.
(b) The Legislative Council shall have the power to make special appropriations of any amount which are necessary to implement agreements reached through the process of collective bargaining.
7-90 ACQUISITION OR DISPOSITION OF REAL PROPERTY
(a) The Board of Selectmen, with the approval of the Legislative Council, may discontinue any highway and no Town meeting shall be required for such discontinuance.
(b) The Legislative Council, subject to there being appropriations for the specific purpose in the annual budget or by a special appropriation pursuant to Section 7- 80 (a) of this Charter, may authorize the purchase or acquisition, including without limitation the acceptance of gifts, with or without conditions, of real property or interests in real property for all Town purposes other than those described in subsection 3-30 (a) (6) of this Charter, the acquisition for nonpayment of taxes described in subsection (c) of this section and open space, parks and playgrounds recommended for acceptance by the Planning and Zoning Commission but not within its power to accept by the provisions of subsection (e) of Section 2-90 of this Charter. Following a decision by the Legislative Council to acquire such real property or an interest in real
property, the Board of Selectmen shall authorize an officer, board or commission to act on behalf of the Town in such acquisition.
(c) Following the acquisition of real estate by the Town as a result of non-payment of taxes, the Legislative Council may, for a period of 90 days thereafter, vote to reserve said property for Town purposes, provided that if the amount of the tax, interest, lien, fees and other costs exceed $50,000, the Legislative Council may recommend such reservation to a Town Meeting, which shall then have the power to act on such reservation for said 90 day period.
(d) All sales of real property acquired for non-payment of taxes and not reserved 34 for Town use within 90 days as set forth in subsection (c) of this section shall be sold either at public auction or by sealed bid as determined by the Tax Collector. A permanent record of each transaction involving property so acquired shall be maintained by the Tax Collector in accordance with the provisions of the General Statutes.
(e) The sale, abandonment, lease or other disposition of Town-owned real property or interests in real property shall require the approval of a Town Meeting but such approval may be made only by the Town Meeting following a recommendation of such sale, abandonment, lease or disposition by the Legislative Council. Following such approval, the First Selectman shall carry out such sale, abandonment, lease or other disposition, subject to the requirements of subsections (f) to (h), inclusive, of this section.
(f) All sales, leases or other disposition of real property or interests in real property authorized in accordance with subsection (e) of this section, shall be by sealed bid unless the Board of Selectmen directs that a particular sale be by public auction. If the authorization of the Town Meeting is contingent upon obtaining a particular price, no bid less than the amount approved by the Town Meeting may be accepted.
(g) All sales, leases or other dispositions of real property or interests in real property conducted by sealed bid or public auction, whether of property acquired for taxes or otherwise, shall be conducted in accordance with the following procedure:
(1) Notice of such sale, including the terms thereof, shall be advertised in a newspaper having a substantial circulation in Newtown and the surrounding area at least twice, with the first such notice not less than 14 days prior to the date sealed bids are due or the auction is to be held.
(2) All bids shall be accompanied by a deposit of 10% of the amount of the bid in cash, certified or bank check except that at sales by auction such deposit shall only be required of the successful bidder at the time his bid is accepted. In the event that the bidder who is accepted, following submission of sealed bids or at public auction, does not tender the balance of his bid within 30 days after the acceptance of his bid, the amount so deposited by him shall be retained by the Town as liquidated damages and the Town shall forthwith be free to readvertise and resell said property pursuant to procedures set forth herein, without further obligation to the original successful bidder. The Board of Selectmen may extend the 30 day period for 60 additional days if it finds that such default by the acceptable bidder has
occurred through no fault of said bidder. If the successful bidder at auction is unable to make such 10% deposit immediately upon acceptance of his bid, the property shall be forthwith reauctioned until the sale can be completed in the manner prescribed herein, with such previous bidder or his agent disqualified from bidding anything less than his first successful bid.
(h) Where the Board of Selectmen finds following Town Meeting approval of sale, lease or other disposition of real property or interest therein that it is in the best interest of the Town to conduct a private sale rather than a sealed bid or auction, it may authorize the sale, lease or other disposition of such real property or interest therein by private sale after reasonable notice of such proposed action, subject to approval by affirmative vote of two-thirds of the entire authorized membership of the Legislative Council. Said notice shall be published in a newspaper having substantial circulation in the Town at least twice and shall describe the property or 35 the interest therein being sold or leased and shall contain the price of the proposed private sale. It shall be a condition of any such proposed private sale that if a higher
offer or offers are received from responsible offerors during the 10 days following publication of the first legal notice, that said private sale shall not be consummated and such property shall be sold to the highest such responsible offeror subject to further publication, the 10 day waiting period and the receipt of even higher offers, and provided, prior to starting the publication process over again, the offeror, whose offer is then being accepted, shall pay all costs of the Town incurred in connection with such sale. Publication shall occur within 10 days of the expiration of the original 10 day period. The foregoing publication procedure and 10 day waiting period shall be followed for each subsequent offer accepted by the Town.
7-100 RIGHT OF REFERENDUM
(a) Any special appropriation made by the Legislative Council pursuant to Section 7-80 of this Charter, any proposed ordinance rejected, enacted, modified and enacted or repealed by the Legislative Council pursuant to Section 7-50 of this Charter, and any vote to acquire, reserve or dispose of real property or an interest in real property pursuant to subsections (a) to (e), inclusive, of Section 7-90 of this Charter shall be subject to a referendum in accordance with this section.
(b) Any action taken by a Town Meeting is subject to a referendum in accordance with the provisions of this section, except actions taken by a Town Meeting to adopt an Annual Budget which are governed by the provisions of subsection (f) of section 6-20 of this Charter.
(c) The procedure to obtain a referendum authorized by this section is as follows:
(1) At the close of business on the seventh day following the date on which the Legislative Council or Town Meeting acted, a petition signed by at least 5% of the electors listed in the last-completed registry list may be filed with the Town Clerk. The Town Clerk shall immediately determine the number constituting 5% of the last-completed registry list, verify whether or not said number of electors have signed such a petition and report said fact to the Board of Selectmen.
(2) Said petition shall set forth in its entirety the resolution acted upon by the Legislative Council or Town Meeting which the petitioners desire to have acted upon by referendum and shall state what action the Legislative Council took with regard to such resolution. The form of said petition shall be submitted to the Town Clerk prior to being circulated. The petition shall state that the undersigned petitioners are opposed to the above action of the Legislative Council or Town Meeting and petition that the above resolution be presented to the voters. A circulator’s statement meeting the requirements of the General Statutes shall appear on every sheet on which a petitioner’s signature appears. No signatures on any petition circulated prior to the taking of action by the Legislative Council or Town Meeting
shall be counted in determining whether sufficient signatures have been received to force a referendum. The date on which the circulator began to circulate the petition shall be set forth in the statement of the circulator. 36
(3) Upon receipt of petitions bearing sufficient verified signatures, the Board of Selectmen shall warn a referendum to be held not less than 7 nor more than 14 days after the receipt of said petition by the Town Clerk, which warning must be published at least once in a newspaper having a substantial circulation in the Town 5 or more days prior to the date of the referendum. In computing said 5 days, the day of the referendum shall be excluded, but the day of publication, Saturdays, Sundays and legal holidays shall be included. All persons qualified to vote at a Town Meeting shall be eligible to vote in such referendum which shall be held between the hours of 6:00 A.M. and 8:00 P.M. on the date set.
(4) The question to be voted upon by referendum shall be the same resolution as was acted upon by the Legislative Council or Town Meeting, without amendment.
(d) The foregoing shall be the exclusive method for obtaining referendums on questions on which the Legislative Council or Town Meeting is authorized to act.
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