SECTION 3-10: REMOVAL OF ELECTED AND APPOINTED OFFICIALS 99 .

   A.   Standard for Removal. Unless otherwise set forth in this Charter, any Elected Official or Appointed Official (with the exception of members of Boards and Commissions, who may be removed in accordance with § 7-1.E of this Charter), may be removed from office, for cause, by the Legislative Council by a vote of two-thirds (2/3rds) of the entire membership of the Council; subject to any applicable provisions of the General Statutes 100.

      (1)   The applicable provisions of the General Statutes shall be taken into consideration with regard to the removal proceedings of the Town Clerk101, Chief of Police, Fire Chief, Fire Marshal, Building Official and any other Officials designated for protection by the General Statutes 102.

      (2)   Notwithstanding the grounds for cause set forth herein, the Mayor shall have the power to remove any Appointed Official who serves a term coterminous with the Mayor (as specifically set forth in this Charter and any Ordinance creating the applicable Department); unless otherwise provided for in this Charter or by law103.

   B.   Recitation of Charges 104. No such Elected or Appointed Official of the Town ("charged party") may be removed except upon charges, which shall be proffered following a majority vote of the Legislative Council. Removal may not occur in the absence of a hearing thereon before a plenary session of the Council.

   C.   Notice 105. Written notice by the Council of the charges and time and place of hearing shall be given to the charged party at least fifteen (15) Days prior to such hearing, unless otherwise required by Law (see, § 1-4.R). Said notice shall either be

      (1)   mailed to the charged party by registered or certified mail, in each case, return receipt requested and postage prepaid or national recognized overnight courier, with receipt and all fees prepaid; or,   

      (2)   addressed to an officer authorized to serve legal process with a direction to make personal service upon the charged party of the same, within the time prescribed.

   D.   Grounds of Cause. Such charges shall be for:

      (1)   A finding by the Board of Ethics of neglect or dereliction of official duty or a violation of (a) the conflict of interest policy and ethics provisions of this Charter and/or Ordinances; or, (b) any other provisions of law pertaining to unethical conduct, corrupting influence or illegal activities (including violations of federal, state or local law)106;

      (2)   Conviction of a felony, while in office107;

      (3)   Conviction of a lesser crime involving fraudulent or dishonest conduct, while in office108;

      (4)   Determination of physical or mental incapacity to serve, based upon the best evidence as presented by competent authority109;

      (5)   Determination of incompetence based upon the best evidence as presented by competent authority110;

      (6)   Documented poor performance of an Appointed Official kept in the normal course of business111;

      (7)   Habitual absence from office, as may be defined by the Mayor for Appointed Officials; by Ordinance; or, if not by Ordinance by the adopted and approved rules of procedure for the Legislative Council112;

      (8)   A delinquency materially affecting the person's general character or fitness for office113;

      (9)   A violation of § 3-4 of this Charter; or,

      (10)   Such actions as may be set forth in the Ordinance by the Council114.

   E.   Right to Counsel 115. Such Elected or Appointed Official shall have the right to be represented by counsel at the hearing, to present evidence and testimony personally and through witnesses, and to cross-examine witnesses.

   F.   Public Hearing 116. Such hearing shall be open to the public and transcribed, except as otherwise permitted by Law.

   G.   Appeal. Any such Elected or Appointed Official may, within thirty (30) Days from the date when the decision to remove is taken following such hearing, take any appeals as may be permitted by law 117.

99   2011 modification of 1983 Charter § 3-14 by adding “Appointed Officials.”

100   2011 modification of 1983 Charter § 3-14 (first paragraph, third sentence). The provision reaffirms the “for cause” standard and establishes a definitive vote of the Legislative Council. The current standard in § 3-14: “The power to remove shall be by an affirmative vote of at least two-thirds (2/3) of the Council present and voting in the case of elected officials or officials appointed by the Council.”

101   Charter Revision of 2011. At the time the revised Charter C.G.S. § 7-22 entitled “Removal of town clerks” applied.

102   Charter Revision of 2011.

103   Charter Revision of 2011.

104   Charter Revision of 2011.

105   2011 modification of 1983 Charter § 3-14 (first paragraph, second sentence).

106   2011 modification of 1983 Charter § 3-14 (first paragraph, first sentence) by adding “dereliction of official duty.”

107   2011 modification of 1983 Charter § 3-14 (first paragraph, first sentence).

108   2011 modification of 1983 Charter § 3-14 (first paragraph, first sentence).

109   Charter Revision of 2011.

110   Charter Revision of 2011.

111   Charter Revision of 2011. Removal of Boards and Commission is addressed in Charter § 7-1.E.

112   2022 modification of Charter Revision of 2011.

113   Charter Revision of 2011.

114   2011 modification of the standard set forth in 1983 Charter § 3-14 (first paragraph, first sentence): include, but not limited to...”

115   2011 modification of 1983 Charter § 3-14 (first paragraph, fourth sentence).

116   2011 modification of 1983 Charter § 3-14 (first paragraph, second and fifth sentences).

117   2011 modification of 1983 Charter § 3-14 (second paragraph). Deleting the following provision since it was not clear what the legal authority was: “...of such action to the Superior Court.”