SOMERS CHARTER REVISION COMMISSION
Final Report to the
SOMERS BOARD OF SELECTMEN
Regarding
PROPOSED CHANGES TO THE CHARTER OF THE TOWN OF SOMERS
Change #1: in
Section 2.1(b)
A meeting of the electors of the Town of Somers, for the
election of municipal officers shall be held on 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.
Delete last sentence in section: “If a person vacating an
elective board was elected as a member of apolitical party, the vacancy shall
be filled by a member of the same political party.”
Replace with: “If a
person vacating an elective board, excluding
the Board of Selectmen, was elected as a member of a political party, the
vacancy shall be filled by a member of the same political party, or if the vacancy is not filled within 30
days, the vacancy may be filled by any eligible person so long as the number of
any one political party on the board does not exceed the number prescribed by
the General Statutes.”
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.
Replace in its entirety with: “The Town may be divided into voting districts as deemed necessary by the Board of Selectmen in accordance with the provisions of CGS 9-169.”
Change #3: in
Section 2.5(b)
A vacancy occurring on the Board of Education, Board of Finance or Library Directors shall be filled by a 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.
Replace with: A vacancy occurring on the Board of Education, Board of Finance, Board of Assessors, or Library Board shall be filled by a vote of the remaining members. If the vacancy is not filled within sixty days from the time the office becomes vacant, the Board of Selectmen within thirty additional days shall fill the vacancy by appointment.
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.
Delete: “a Town Treasurer, four Constables, and a Collector of Taxes.”
Change #5: in
Section 4.4(c)(3)(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.
Replace: “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 Town Hall.”
With: “Ten days’ notice of the hearing shall be given by publication of a summary of the proposed ordinance in a newspaper having a general circulation in the town and by making copies of the ordinance in its entirety available at the Town Hall.”
Change #6: in
Section 4.4(c)(3)(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.
Replace: “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”
With: “If the Board of Selectman votes to enact a proposed ordinance, a summary of the ordinance as enacted shall be published within ten days in a newspaper having a general circulation in the town, and the ordinance in its entirety filed with the Town Clerk.”
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.
We recommend removing this section in its entirety.
Change #8: in
Section 5.2(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 intervals.
Replace: “….30 days after the term of the Board of Selectmen begins and shall be established to expire as nearly as possible at regularly staggered intervals.”
With: “The terms of
appointment to any appointive board shall not exceed six years and shall
commence on December 23rd
following appointment by the Board of Selectmen; and shall expire on December
22nd at the end of the term of appointment.”
Change #9: in
Section 5.2(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.
Replace the first word “Despite” with “At”. Replace “his” with “a” to make the paragraph gender neutral.
The number of members of any one political party who may be appointed to any appointive board shall not exceed the number prescribed by 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.
Replace with: If a
person vacating an appointive board or commission was appointed as a member of
a political party, the vacancy shall be filled by a member of the same
political party; or if the vacancy is not
filled within 30 days, the vacancy may be filled by any eligible person so long
as the number of any one political party on the board does not exceed the
number prescribed by the General Statutes.
We recommend the insertion of the following sections, and the renumbering of subsequent sections:
Section 5.20 Treasurer There shall be a Treasurer serving a term of two years renewable annually by a panel of the same composition as the one required by this Charter to appoint the position. The Treasurer shall act as the Director of Finance and the Chief Financial Officer of the Town and shall perform all duties and functions prescribed to Town Treasurers in the Connecticut General Statutes and shall report to the Board of Selectmen. The Treasurer shall be appointed by a panel comprised of two members of the Board of Finance, one member of the Board of Selectmen, and one non-elected individual with a background in finance. The non-elected member of the panel shall be chosen by the three other panel members.
Section 5.21 Collector of Taxes There shall be a Collector of Taxes serving a term of two years renewable annually by a panel of the same composition as the one required by this Charter to appoint the position. The Collector of Taxes shall perform all duties and functions prescribed to Tax Collectors in the Connecticut General Statutes and shall report to Director of Finance. The Collector of Taxes shall be appointed by a panel comprised of two members of the Board of Finance, one member of the Board of Selectmen, and one non-elected individual with a background in Finance. The non-elected member of the panel shall be chosen by the three other panel members.
Change #12: in
Section 6.7(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 appropriate of more than that 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 therefore.
Change. “…in an amount not more than $10,000 may be made on recommendation of the Board of Finance and approval by the Board of Selectmen”
to: “…in an amount not more than the amount permitted in CGS 7-348 may be made on recommendation of the Board of Finance and approval by the Board of Selectmen…”
Change #13: in
Section 6.8(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 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.
Replace “The regulations of the Board of Finance required by this Charter” with “Any regulations developed by the Board of Finance.”
Change #14: in
Section 7.1(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 a 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.
Replace with: The Annual Town Meeting, which shall also be the annual budget meeting, shall be held within 15 days of the first Monday of May each year, unless changed by a vote of a Town Meeting or by referendum, to consider all items on the call except those items relating to the Annual Budget. All items on the call relating to the Annual budget shall be voted on at referendum not less than seven or more than fourteen days after said Annual Town Meeting on a date set by said meeting; or if said meeting does not set a date, by the Town Selectmen. 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.
Change #15: Add
the following as section 7.1(b)
“If the Annual Budget is not approved by vote at the first scheduled referendum, the Town Selectmen shall schedule subsequent referendums until the Annual Budget is approved.
And to renumber the subsequent sections as follows: 7.1(b) becomes 7.1(c), 7.1(c) becomes 7.1(d)
Change #16: in
Section 7.1(d) (under new numbering)
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. Warning for Town Meetings must 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.
Replace with: “All Town Meetings shall be advertised in a newspaper having circulation in Somers 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 consistent with statutory requirements.”
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.
Replace with: “The acceptance of any road, easement, open space or other interest in real estate recommended by the Planning Commission as part of a subdivision approved under the Town’s subdivision regulation shall be by a majority vote of the Board of Selectmen. Any other acquisition or sale of real estate, including the conveyance of real estate for no consideration, shall require approval of a town meeting.”