Whenever used in this Charter:
A. "Board" or "Commission7". For the purposes of this Charter and except as otherwise provided by Law, the terms "Board" and "Commission" means all Boards, agencies, Commissions, authorities or like entities of the Town, whether elected or appointed.
B. "Capital Expenditures8" means expenditures for (1) any physical betterment or improvement or any preliminary studies or surveys relative thereto; (2) the acquisition of real property or other property of a permanent nature; (3) the purchase or acquisition of equipment for any public betterment or improvement; (4) major alterations and repairs to existing buildings, structures or equipment; or (5) any lease which commits the Town to more than one year of aggregate payments in an amount set by the Legislative Council, from time to time.
C. "Charter" shall mean the Charter of the Town of Hamden.
D. "Classified Service9" means the employees of the Town, covered by the Merit System of the Town (including civil service rules and regulations) appointed to all positions now or hereafter created except those positions excluded by this Charter (or collective bargaining agreement), Elected Officials or other Officials whose appointments and terms are prescribed by the General Statutes, and such other positions as the Civil Service Commission may determine, after investigation, to be within an area intended for exclusion from the classified service.
E. "Completion of Service10" means the end of employment in the position in any manner whatsoever, including but not limited to retirement, resignation, removal, termination, whether for cause or at will, under the provisions of this Charter, collective bargaining or contract.
F. "Council" or "Legislative Council11" means the Legislative Council of the Town, the legislative body of the municipality, as required by the General Statutes.
G. "Day(s)12" means calendar days; unless, otherwise specifically set forth in this Charter; or, as may be otherwise specifically required by the General Statutes. Moreover, where a Day set forth in this Charter falls on a weekend, holiday or day when the Town is closed for business, the deadline shall be extended through the close of the next Town business day; unless otherwise required by law.
H. "Department13" means any major functional or administrative division of the Town, including any offices, agencies, bureaus or other descriptions serving such purpose as may be set forth in the budget of the Town. When used within the section establishing or describing the duties of the particular department or its related Board or Commission, the term "Department" shall apply exclusively to the functional division referred to in that section.
I. "Department Head14" means an employee who heads any Department in the Town; has substantial supervisory control of a permanent nature over other municipal employees; and, is directly accountable to the Mayor.
J. "Elected Official" or "Elected Official of the Town" means an individual who holds an elected municipal office (as defined in C.G.S. § 9-372 but shall not include a justice of the peace or notary public) in the Town. The Elected Officials of the Town are set forth in § 3-3.A(1) of this Charter.
K. "Elector15" shall have the meaning contained in the General Statutes.
L. "Final Action16" means the last acts taken by the Mayor or the Legislative Council on an Ordinance or other measure that requires mayoral and legislative action under the provisions of §§ 4-7.B or 4-7.C of this Charter; and, §§ 10-4.A(1)(a) or (b) or 10-4.A(2) of this Charter. Final Action with regard to Resolutions, with the exception of Statutory Resolutions, shall be upon approval by a Majority Vote of the Legislative Council.
M. "General Statutes" shall mean the General Statutes of the State of Connecticut, as amended from time to time; also referred to as “C.G.S.”.
N. "Law" means, although is not limited to, decisions of courts and administrative bodies, federal or state legislative enactments, rules and regulations and local ordinances and regulations.
O. "Majority Vote of the Legislative Council17" means more than half of the votes have been cast by the members at a meeting of the Council at which a quorum is present.
P. "Mayor" shall mean the chief executive officer of the municipality, as required by the General Statutes18.
Q. “Meeting19" shall have the meaning set forth in C.G.S. § 1-200(2), including Meetings by means of electronic equipment, as may be amended from time to time.
R. "Meeting (or Hearing) Notice20" means a notice posted as required by Law, including posting of all Meetings with the Town Clerk, including regular, special or emergency Meetings as well as public hearings, in the same manner as set forth in § 1-4.W of this Charter and as may be established by Ordinance or rules of the Legislative Council or any Board or Commission insofar as such notice requirements are in accordance with the General Statutes. In addition to the above-referenced postings, the Town may post notices on its web-site or through other electronic media and, if practicable or otherwise required by Law, may be published in a daily newspaper of general circulation distributed in the Town. A Meeting Notice (including public hearings) shall state the time and place thereof and shall be published at a minimum in compliance with the General Statutes or by a more stringent requirement as may be set forth in this Charter. Meeting or Hearing Notice may also be governed by regulatory practices and procedures set forth in the General Statutes.
S. "Merit System21" shall mean the Civil Service and Merit System of the Town, as required by this Charter and set forth in the Ordinances of the Town.
T. "Official" or "Public Official" means an individual who holds an elected or appointed municipal office in the Town; including but not limited to Elected Officials of the Town; employees appointed subject to § 8-2.A of this Charter; and, members of Boards and Commissions. "Appointed Public Officials" shall include all Public Officials to the exclusion of Elected Public Officials. When the term "officer" is used, it shall be synonymous with the term "Official".
U. "Order" or "Motion22" means a legislative action conferring authority to do a specified act, including, but not limited to, the approval of Mayoral appointments, proposed contracts or other matters upon which are conferred temporary power or authority which when its purpose has been accomplished it ceases to require further authority. Orders and Motions shall be enacted in accordance with the provisions of this Charter.
V. "Ordinances" or "Ordinances of the Town" means the powers of the Town to (1) establish rules or regulations of general municipal application, the violation of which may result in the imposition of a fine or other penalty; (2) create a permanent local law of general applicability; or (3) accomplish other objectives permitted by the General Statutes as may be enacted in accordance with the provisions of this Charter.
W. "Public Notice23" means a notice for matters other than public meetings or hearings, including the public inspection or availability of any documents or data, as may be required by this Charter. It specifically includes matters where "publication" was required under the prior Charter or the General Statutes. Said Public Notice shall be specifically set forth in this Charter or may be governed by the requirements of the General Statutes, in the event the requirement of the Charter is more stringent than the requirements of the General Statutes, then the Charter shall prevail. Public Notice shall be posted (1) in the Office of the Town Clerk and other public space or location in the Town Hall designated by the Town Clerk in order to assure sufficient disclosure to and access by the public; (2) in the central Town Library (and each branch of the Town Library); (3) on the Town web-site, through other electronic media by the Town Clerk or publication in a newspaper of general circulation distributed in the Town; and, (4) if otherwise required by Law, by publication in a newspaper of general circulation distributed in the Town.
X. "Resolution24" means an action by the Legislative Council that (1) expresses the sentiment or intent of the Council; (2) governs the business of the Council; (3) expresses recognition by the Council; or, (4) complies with the specific requirements of the General Statutes with regard to certain legislative enactments. A declaratory statement of the Council on a given matter.
Y. "Special Acts" or "Special Laws" means the acts of the General Assembly pertinent to the Town.
Z. "State" or "Connecticut" shall mean the State of Connecticut.
AA. "State Constitution" shall mean the Constitution of the State of Connecticut.
BB. "Statutory Resolution25" means a necessary legislative action required by Law in order to utilize and comply with the provisions of federal or State legislation. Statutory Resolutions shall be enacted in the same manner as an Ordinance under the provisions of this Charter.
CC. "Town" means the Town of Hamden.
DD. "Vacancy26" or, in the alternative the use of the word "Vacant" means whenever any Official of the Town, including Registrars of Voters, is unable to complete the current term of office due to death, resignation, removal, incapacity or other reason as may be defined by Ordinance.
EE. Where reference is made to "Action to be taken by a Department Head," the specified action may be taken by that Department Head or a designee.
FF. Where reference is made to "Mayor or designee," the identity of the designee shall at all times be determined, in the sole discretion, of the Mayor.
GG. Where reference is made to the words “shall” or “must” they shall be construed interchangeable and synonymous. The legislative intention pertaining to the meaning and use of either of the words is to deem the function a mandatory or imperative obligation for the Official or entity charged with such responsibility under this Charter or under the Code of Ordinances of the Town27.
6 Charter Revision of 2011.
7 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
8 Charter Revision of 2011.
9 1983 Charter Revision of 2011.
10 Charter Revision of 2011.
11 Required by C.G.S. § 7-193(a)(1)(c).
12 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
13 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
14 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
15 C.G.S. § 9-1. Definitions. (e) “Elector” means any person possessing the qualifications prescribed by the Constitution and duly admitted to, and entitled to exercise, the privileges of an elector in a town”.
16 Charter Revision of 2011.
17 Charter Revision of 2011.
18 Required by C.G.S. § 7-193(a)(2)(C).
19 NEW (2022).
20 2022 modification of the Charter Revision of 2011.
21 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
22 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
23 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
24 Charter Revision of 2011. Term used in 1983 Charter yet not defined.
25 Charter Revision of 2011.
26 2011 modification of 1983 Charter § 5-4 (first clause of first sentence), by applying the standard to all elected office and by adding “...resignation, removal or other reason as may be defined by Ordinance.”
27 NEW (2022).