SECTION 5-4: EMERGENCY POWERS195.
   A.   Declaration of a Public Emergency. A public emergency pertaining to the Town may be declared by the (1) President of the United States: (2) Governor of the State of Connecticut 196; (3) Mayor; or, (4) upon the affirmative vote of two-thirds (2/3rds) of the Legislative Council present and voting; although there shall be, at least, nine (9) members voting in the affirmative. If practicable, the declaration of Public Emergency by the Mayor or the Council shall set the duration in the event it is expected to last for more than forty-five (45) Days 197. In the event of a declaration of public emergency declared by the President or Governor, there is no requirement for a local declaration, unless unique circumstances or external funding or reimbursement requirements otherwise require 198.
      (1)   Public Emergency. A public emergency is any condition that exists or threatens to arise involving or threatening to damage or injure the lives, health or property 199 of the inhabitants of the Town or curtail Town services necessary to meet the requirements of the emergency 200. Said public emergency may be a public health or civil preparedness emergency or both, as set forth under the General Statutes 201.
      (2)   Notice 202. In the event a declaration is issued by the Mayor or Legislative Council, the Mayor or President of the Legislative Council, as the case may be, is required to issue notice within three (3) hours of such declaration in accordance with § § 1-4.R and/or W of this Charter by electronic means to the Mayor or the members of the Legislative Council, as the case may be; or in the event electronic means are not available by delivering the written declaration to the receiving party or parties. The Mayor is required to notify all emergency personnel of the public emergency as may be required by Law.
      (3)   Termination of Public Emergency 203. The termination of the emergency shall be determined and declared by the Mayor or by the affirmative vote of two-thirds (2/3rds) of the Legislative Council present and voting; however, unless asserted in the declaration or otherwise extended, the Public Emergency shall terminate at 11:59:59 P.M. of the forty-fifth (45th) Day following the declaration.
   B.   Authority of the Mayor 204. The Mayor shall exercise within the limits of the Town all the emergency powers given to the chief executive officer of a municipality under the General Statutes with regard to the allocation of personnel. Upon declaration of a public emergency, the Mayor may mobilize, organize and direct the forces of the Town and call upon and cooperate with the federal government or the State or its political subdivisions.
   C.   Appropriations and Expenditures for Emergencies.
      (1)   Public Emergency Contingency Appropriation 205. The Mayor and Legislative Council are required to include in the Town Budget Ordinance an appropriation for a public emergency contingency for the purpose of effectuating the authority of the Mayor under § 5-4.C(2) of this Charter.
      (2)   Declared Public Emergency Expenditures.
         (a)   Authority of the Mayor and Modification of Authority. The Mayor may obligate the Town in an amount of money not to exceed One Hundred Thousand ($100,000.00) Dollars ("Authorized Amount") 206, as may be appropriated pursuant to § 5-4.C(1) of this Charter, any increase to the Authorized Amount, as set forth below, or any emergency appropriation as may be approved by the Council from the public emergency contingency appropriation 207.
            (i)   Increase in the Authorized Amount. In the event the Legislative Council determines that the amount of funds set forth, above, is not sufficient to meet expected emergency expenditures, the Council is authorized to increase Mayor's level authority to an amount set forth by Ordinance 208.
         (b)   Funds Unavailable from Authorized Appropriation 209. In the event such money is not available from the public emergency contingency appropriation, the Mayor may obligate such authorized amount from other unexpended funds identified by the Director of Finance, to cope with such public emergency until the Legislative Council convenes.
         (c)   Mayoral Report on Emergency Expenditures 210. The Mayor is required to report any action taken under § 5-5C (2) (a) and (b) at the next Meeting of the Legislative Council 211.
      (3)   Emergency Appropriations 212. Notwithstanding the provisions of §§ 10-9.D and E of this Charter, in the event that funds in addition to the public emergency contingency appropriation are required to meet or mitigate a declared public emergency, the Mayor shall determine the necessary amount and seek Legislative Council approval, at an Emergency Meeting, to authorize transfers.
         (a)   Notwithstanding any contrary provisions of this Charter, the Legislative Council may, if necessary, appropriate funds in addition to the public emergency contingency.
         (b)   The affirmative vote of at least two-thirds (2/3rds) of the members of the Legislative Council is required to authorize any such emergency appropriation213.
         (c)   The Order of the Legislative Council approving any emergency appropriation shall specify the nature of the emergency and source of revenue. Unless the Mayor certifies that the emergency threatens the immediate public health or safety, the Legislative Council shall hold a public hearing on any proposed special or emergency appropriation.
   D.   Emergency Meetings of the Legislative Council 214. In the event a Public Emergency is declared, the Mayor or President of the Legislative Council may call an emergency meeting of the Council upon three (3) hours notice and may summon Council members to attend such meeting in such manner as the Council may prescribe by the rules of the Legislative Council, unless otherwise required by Law (See, § 1-4.R). Notwithstanding any provision of law or this Charter to the contrary, at such meeting, the Council may transact any item or items of business relevant to such emergency.
   E.   Public Emergency Ordinances, Orders and Measures 215. Upon the declaration of a Public Emergency, the Legislative Council may enact Public Emergency Ordinances, Orders (as set forth above) and other measures in order to meet such emergency. Rules and procedures for the adoption of Public Emergency Ordinances, Orders and measures shall be governed by the rules of the Legislative Council which shall establish the terms of Final Action.
      (1)   Public Hearing and Notice Requirements 216. No public hearing or Meeting Notice shall be required for any Ordinance or Order stated to be a Public Emergency Ordinance, Order or measure, unless otherwise required by Law (See, § 1-4.R).
      (2)   Procedural time-frame 217. The time-frame set forth in §§ 4-7 through 4-8 of this Charter shall not apply to the adoption of a Public Emergency Ordinance, Order or measure; however, the procedural measures set forth in that provision shall be addressed in the rules of the Legislative Council.
      (3)   Requirements 218. An emergency Ordinance, Order or other measure shall contain a specific statement of the emergency and shall require a Majority Vote of the Legislative Council.
      (4)   Effective Date 219. An emergency Ordinance, Order or other measure shall become effective immediately upon final action as set forth in the Rules of the Legislative Council, unless otherwise required by Law. However, Public Notice of such Public Emergency Ordinance, Order or other measure shall take place promptly following final action, unless otherwise required by Law (See, § 1-4.R) 220.
      (5)   Automatic Repeal of Public Emergency Ordinance or Measure 221. With the exception of emergency appropriations (enacted by Order of the Legislative Council), every such Public Emergency Ordinance or measure, including any amendments thereto, shall automatically stand repealed at the termination of the forty-fifth (45th) Day following Finance Action of said Ordinance.
                                        
195   Recodification of Charter § 5-5.
196   See, C.G.S. §28-9 entitled "Civil preparedness emergency; Governor's powers. Modification or suspension of statutes, regulations or other requirements;" and C.G.S. §19a-131a entitled "Declaration of public health emergency by Governor."
197   Charter Revision of 2011 (first and second sentences of § 5-5.A).
198   NEW (2022) (second sentence of Charter §5-5.A).
199   See, C.G.S. §19a-1312a and §28-9, respectively.
200   First sentence of Charter §5-5.A (1) was adopted during the Charter Revision of 2011.
201   NEW (2022) (second sentence of Charter § 5-5.A (1). At the time of adoption public health and civil preparedness emergencies are set forth in C.G.S. §19a-1312a and §28-9, respectively.
202   NEW (2022)
203   2022 recodification of Charter §5-5.A (2) of the Charter Revision of 2011.
204   Charter Revision of 2011.
205   NEW (2022). See, C.G.S. §7-148(c) (2) (D).
206   2022 modification and recodification of the first clause of the first sentence of Charter §5-5.C (3) of the Charter Revision of 2011.
207   NEW (2022).
208   2022 modification of the parenthetical of the first sentence of Charter §5-5.C (3) of the Charter Revision of 2011.
209   2022 modification and recodification of the second clause of the first sentence of Charter §5-5.C (3) of the Charter Revision of 2011.
210   2022 recodification of the third sentence of §5-5.C (1) of Charter Revision of 2011.
211   2022 repeal of the last sentence of Charter §5-5.C (3) of Charter Revision of 2011. "The authority set forth in this provision shall not apply in the event the Legislative Council has not been provided with notice under §5-5.D of this Charter.
212   2022 recodification of Charter §5-5.C (2) of the Charter Revision of 2011.
213   See, C.G.S. §7-148(c) (2) (D), as follows: "Make appropriations for the purpose of Meeting a public emergency threatening the lives, health or property of citizens, provided such appropriations shall require a favorable vote of at least two-thirds of the entire membership of the legislative body or, when the legislative body is the town Meeting, at least two-thirds of those present and voting".
214   2022 modification of Charter §5-5.D of the Charter Revision of 2011.
215   2022 modification of Charter §5-5.E of the Charter Revision of 2011.
216   2022 modification of Charter §5-5.E (1), which includes 2011 Charter Revision modification of 1983 Charter §3-7 (second sentence).
217   2022 modification of Charter §5-5.E (2) of the Charter Revision of 2011.
218   Charter Revision of 2011.
219   In lieu of 1983 Charter §3-8 (sixth sentence) and 3-9 (third sentence).
220   Consistent with 1983 Charter §3-9 (third sentence).
221   2022 modification of Charter §5-5.E (5). Consistent with 1983 Charter §3-9 (fourth sentence); 45th day in lieu of 61st day.