A. Finance Commission289.
(1) Establishment. There shall be a Finance Commission which shall have the authority to exercise the powers and duties exclusively set forth in this Charter and Ordinances and such incidental powers as may be reasonably necessary to enable it to investigate and determine those matters of fiscal policy of the Town as are within its direct jurisdiction and responsibility. Said responsibilities shall include:
(a) Budget Preparation and Oversight. Reviewing the Proposed Town Budget and making its recommendations to the Legislative Council as set forth in Chapter X of this Charter pertaining to financial efficacy and soundness as well as compliance with Laws, procedures, contractual and fiduciary obligations as well as best practices and standards in public finance as set forth in Law, this Charter and as set forth in § 7-2.A(1)(f) of this Charter ("Best Practices"). Specifically, the Commission shall (i) make recommendations as required by § 10-4.C; and, (ii) offer its advice during the Final Budget Hearing (see, § 10-4.A(2) of this Charter) and following Adoption of the Budget (see, § 10-5.B of the Charter) and prior to Mayoral Action (see, § 10-6.B of this Charter). The Commission is further required to maintain continued oversight over budget implementation and management during the course of the fiscal year in cooperation with the Legislative Council, in furtherance of the Council's role as the budget-making authority of the Town.
(b) Reporting Function. Conducting monthly Meetings and quarterly budget review Meetings and preparing a comprehensive annual financial report for the fiscal year and reports to the Legislative Council, upon request.
(c) Collective Bargaining Agreements. To the extent permissible by Law and in accordance with any agreements governing the collective bargaining process, the Mayor and Board of Education shall keep the Commission informed of the operational and fiscal impact of collective bargaining negotiations. With respect thereto, the Finance Commission may render an advisory opinion to the Mayor and the Board of Education, as the case may be, of the total cost and potential long-term tax burden as set forth in the tentative agreement. Prior to final statutory action, if required, on the collective bargaining agreement, the Commission shall, in turn, render an advisory opinion to the Mayor, Legislative Council and Board of Education of the total cost and potential long-term tax burden of said agreements. The Mayor and Board of Education shall transmit the tentative agreement as required by Law and the Legislative Council may then transmit such agreement to the Finance Commission.
(d) Pensions. The Mayor and the Finance Commission are required to propose a funding policy to ensure that defined benefit pensions and Other Post-Employment Benefits ("OPEB") are properly measured, reported and funded in accordance with contractual obligations, Best Practices and Law.
(e) Long-term Financial and Capital Planning290. The Finance Commission shall regularly (although not less than every two years) engage in long-term financial and capital planning that takes into account the next five years in the future and shall further consider the financial effects of the Town's plan of conservation and development ("POCD") as required by the General Statutes. A report on said planning effort over said five-year period shall be transmitted to the Mayor and Legislative Council, which shall take the Plan into account during budget deliberations. The Legislative Council may establish a regular schedule for such planning by Ordinance.
(f) Standards and Policies. The Finance Commission shall, from time to time, issue recommended policies and standards governing the Best Practices for the financial operations of the Town.
(2) Appointment and Membership. The Commission shall consist of five (5) members, appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term. The Mayor shall appoint two (2) members and the President of the Legislative Council shall appoint three (3) members for a term of six (6) years commencing on the 1st Day of January of the year of appointment (subject to the transition provision, below). All appointments shall be subject to approval by a Majority Vote of the Legislative Council. The terms shall be staggered as established at the date of the original appointment.
(i) Transition Provision Pertaining to the Initial Appointment of Members to the Finance Commission. The Mayor and President of the Legislative Council shall each appoint one (1) member to a term of six (6) years commencing on the 1st Day of January 2023. The Mayor and President of the Legislative Council shall each appoint one (1) member to a term of five (5) years commencing on the 1st Day of January 2023 and thereafter to a term of six (6) years commencing on the 1st day of January 2028. The President of the Legislative Council shall appoint one (1) member to a term of four (4) years commencing on the 1st Day of January 2023 and thereafter to a term of six (6) years commencing on the 1st day of January 2027. Following the initial appointments, the term of office shall be uniformly applied.
(b) Minority Party Representation. Said Commission shall be subject to the requirements of the § 7-1.F of this Charter.
(c) Restrictions. Said Commission members shall be subject to the provision of § 7-1.I of this Charter.
(d) Selection of Officers. The Commission shall elect a Chair, Vice Chair and such other officers as it deems necessary.
(e) Ex Officio Members. The following non-voting ex-officio members shall be appointed to the Commission as follows: (i) a Public Official or municipal employee representing the Mayor, designated by the Mayor; (ii) a representative of the Board of Education, designated by a majority vote of said Board; and, (iii) the Chair of the Legislative Council committee of jurisdiction over the budget or a member of said committee designated by the Chair. The provisions of §7-2A(2)(c) of this Charter shall not apply to said ex-officio members.
(f) Qualifications. Members of the Commission, with the exception of up to one (1) community stakeholder, shall have professional or business experience in the fields of accounting, management or financial analysis as evidenced by being a certified public accountant, certified management accountant or having earned a degree in business, finance or public administration or the equivalent thereof from an accredited college or university; or, at least five (5) years of experience as an owner or manager or financial officer of a business or public or nonprofit administrator or such other qualifications as may be further defined by Ordinance. In addition to these requirements, including the community stakeholder, the Mayor and President of the Legislative Council are required to comply with the requirements of § 7-1.G of this Charter.
(g) Adherence to Best Practices and Standards. In order to manifest and exemplify the highest standards of conduct and best municipal finance and budgeting practices, members are required to engage in training sessions offered by the Government Finance Officers Association, the National League of Cities, United States Conference of Mayors, Connecticut Conference of Municipalities, their successor organizations or other similar organizations. In the event such training programs are not available, the Town shall support and fund mandatory training for the members and programs shall be recommended by the Director of Finance. Said training shall occur not later than six (6) months following confirmation to the Commission by the Legislative Council, prior to the commencement of a new term and at the commencement of the third (3rd) year of the term. Failure to participate in training sessions constitutes grounds for removal from the Finance Commission.
B. Civil Service Commission291.
(1) Establishment292. There shall be a Civil Service Commission which shall have the authority to exercise the powers and duties contained in the General Statutes, this Charter and Ordinances pertaining to the administration and operation of the Merit System and the civil service and human resources policies of the Town.
(2) Appointment and Membership293. The Commission shall consist of three (3) members and two (2) alternates, all Electors of the Town appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire294.
(a) Executive Secretary295. The chief examiner shall serve as the Executive Secretary of the Commission. The Executive Secretary shall be an ex officio, non-voting member of the Commission and shall be responsible for such matters as required by the General Statutes and the Commission296. The Department Head of the Town agency responsible for personnel and human resources may be appointed to serve as the chief examiner.
(b) Term297. The Mayor shall appoint members for a term of six (6) years, commencing on the 1st Day of September of the year of appointment. The terms shall be staggered, as required by the General Statutes and as established at the date of the original appointments.
(c) Term of Alternate Member298. The Mayor shall appoint the alternate for a term of two (2) years, on the 1st day of January of the year of appointment.
(d) Assignment of Alternate Member299. If a regular member of the Board is absent or is disqualified, the Chair of the Commission shall designate an alternate to so act.
(e) Oath of Office300. Said Commission members shall take the oath prescribed by the General Statutes.
(f) Minority Party Representation301. Said Commission members shall be subject to the requirements of the General Statutes pertaining to civil service boards.
(g) Restrictions302. Said Commission members shall be subject to the restrictions set forth in the General Statutes and this Charter.
(h) Removal303. Notwithstanding the provisions of this Charter, the Mayor may remove a member of said Commission in the manner set forth in the General Statutes; and, upon removal shall fill the unexpired term of the member in accordance with the provisions of § 7-1.C of this Charter.
(3) Merit System Ordinance304. Said rules of the Civil Service Commission shall be set forth in the form of an Ordinance to be approved by the Legislative Council, upon the advice of the Mayor (following consultation with the Department Head responsible for personnel and human resources and the Civil Service Commission), as set forth in this Charter. No Ordinance shall be adopted which circumvents or otherwise violates the requirements of this Charter pertaining to a Merit System and civil service rules and regulations for the hiring and promotion of public employees.
C. Board of Ethics305.
(1) Establishment306. There shall be a Board of Ethics
307 which shall have the authority to exercise the powers and duties contained in the General Statutes, this Charter and Ordinances pertaining to conflict of interest and ethics, administration of a code of ethics, including the issuance of advisory opinions and policies
308, and to investigate
309, render probable cause findings
310 and conduct hearings
311 pertaining to allegations of unethical conduct, corrupting influence or illegal activities (including violations of federal, state or local law) levied against any Official or employee of the Town, unless otherwise provided by Law
312. In addition to the aforementioned powers and duties, the Board shall have such other duties and powers as may be provided by any code of ethics Ordinance or other Ordinances
313.
(a) Subpoena Authority314. In a manner consistent with the provisions of the General Statutes, the Board may issue subpoenas or subpoenas duces tecum, enforceable upon application to the Superior Court, to compel the attendance of persons at hearings and the production of books, documents, records and papers.
(2) Appointment and Membership. The Board shall consist of five (5) members and two (2) alternates, all Electors of the Town, appointed as set forth in § 7-1.C of this Charter315. The Board shall choose a chair and such other officers as it may desire316.
(a) Term of Members317. The Mayor shall appoint a member(s) for a term of five (5) years, commencing on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments (Historical Note: See, § 11-9 of this Charter pertaining to the historical antecedents under the Charter adopted on November 8, 1983).
(i) Term of Alternate Members318. The Mayor shall appoint alternates for a term of two (2) years, on the 1st Day of January of the year of appointment (Historical Note: See, § 11-10 of this Charter pertaining to the historical antecedents under the Charter adopted on November 8, 1983).
(b) Assignment of Alternate Members319. If a regular member of the Board is absent or is disqualified, the chairman of the Board shall designate an alternate to so act
320.
(c) Qualifications321. In addition to the general requirements of statute, Law and this Charter, the Mayor is required to comply with the requirements of § 7-1.G of this Charter. The Legislative Council may establish other qualifications by Ordinance. In order to manifest and exemplify the highest standards of conduct, members are required to engage in a training session offered by the Connecticut Office of State Ethics or a successor agency (or, in the event such training program is not available, the Town shall provide mandatory training for the members), immediately following confirmation to the Board by the Legislative Council and at the commencement of any subsequent term thereon. Failure to participate in training sessions constitutes grounds for removal from the Board of Ethics.
(d) Restrictions322. The Board members shall not be Officials or employees of the Town. They shall hold no other appointed office in the Town except Justice of the Peace or Notary Public.
(e) Interference. The activities, votes and rulings of the Board shall not be subject to oversight or reversal by any Town Official or body
323. The opinions of the Town Attorney required by this Charter shall not be deemed to constitute interference for purposes of this sub-section
324.
(f) Local Law. Any reference in this Charter to local law shall mean the Charter, the Ordinances, Statutory Resolutions and any other regulations or policies approved by the Legislative Council under an Ordinance establishing a method for adopting such regulations or policies.
(3) Oversight of the Ethics and Conflict of Interest Policies of the Town325. The Board of Ethics shall oversee and regulate the ethics and conflict of interest policies of the Town.
(4) Code of Ethics Ordinance326. Said rules and regulations of the Board of Ethics shall be set forth in the form of an Ordinance to be approved by the Legislative Council, upon the advice of the Mayor and the Board of Ethics, as set forth in this Charter.
(a) No Ordinance shall be adopted which circumvents or otherwise violates the requirements of this Charter pertaining to the requirements of the General Statutes pertaining to the requirements of:
(i) probable cause findings327;
(ii) confidentiality of complaints328;
(iii) investigations329;
(iv) the conduct of hearings330;
(v) informing the complainant and respondent of findings331;
(vi) continuing confidentiality in the event of a finding of no probable cause332; and,
(vii) public disclosure of a finding of probable cause333.
(b) Moreover, the Ordinance shall include a provision pertaining to the expeditious review of complaints and the issuance of determinations or other actions by the Board of Ethics334.
(c) Upon request of the Legislative Council or the Board of Ethics, prior to legislative action, the Town Attorney shall render an opinion pertaining to the compliance of the provisions of a proposed ethics Ordinance or any amendment thereto with the requirements of this Charter, the General Statutes and Law335.
(5) Finding of a Violation336. A finding by the Board of Ethics of a violation of the Conflict of Interest and Ethics provisions of this Charter, any other provision of this Charter, or its related implementing Ordinances; including, allegations of unethical conduct, corrupting influence or illegal activities (including violations of federal, state or local law), shall be referred to:
(a) The Legislative Council in the case of any Elected Official337;
(b) The appointing authority in the case of any Appointed Public Official338; and,
(c) The person's supervisor in the case of any employee,
for appropriate disciplinary action to be taken within thirty (30) Days of receipt of the Board's finding(s) and decision; unless otherwise provided for in a collective bargaining agreement.
Such finding(s) and decision would subject the parties to the provisions of §§ 3-9.B(3) and 3-10 of this Charter, which may include removal from office. The findings pertaining to violations of this Charter shall cite the opinions of the Town Attorney pertaining to the application of any of the provisions of this Charter, if any. In the event there is no such opinion and an interpretation of a provision of the Charter is required to facilitate such finding, the Board shall consult with the Town Attorney or, in the event of recusal by the Town Attorney, an independent counsel appointed for such purpose.
(6) Appeal339. Any Public Official
340 or employee may, within thirty (30) Days from the date any disciplinary action is voted or taken pursuant to the Board's decision that a violation of this Charter and/or any such code of ethics or other related Ordinance has occurred, take such appeal as may be permitted by the General Statutes, if any. In the event there is no such appeal permitted by the General Statutes, the findings shall be final.
D. Police Commission341.
(1) Establishment. There shall be a Police Commission.
(a) Police Department Operations342. The Police Commission shall have the authority to exercise the powers, duties and authority exclusively set forth in this Charter, the Ordinances and by Law. Said Commission has such incidental powers as may be necessary to enable it to review, render decisions and approve or disapprove policies and regulations necessary for the effective operation of the Police Department, including operational review and oversight authority, that requires the cooperation of all personnel (sworn and civilian) in order to meet the public safety needs of the Town.
(b) Traffic Authority343. Moreover, the Commission shall serve as the Traffic Authority in accordance with the requirements of Law. In the event the provisions of the General Statutes are modified to permit a separate Traffic Authority, said authority may be created by Ordinance.
(2) Purpose of the Police Commission. The role of the Police Commission is not to administer the day-to-day operations of the Police Department; but rather to serve as an entity that provides civilian oversight with the ultimate goal of ensuring:
(a) The safety and security of the Town, its citizens and guests;
(b) The development and improvement of Department policies, promulgated as set forth herein, and procedures to promote public safety, reduce crime, and ensure that the Department operates in an effective and ethical manner;
(c) Liability management to reduce the likelihood of costly litigation by identifying problems and proposing corrective measures; accountability by the Police Commission, Chief of Police and all Police Department employees to the citizens of Hamden; and,
(d) Adequate resources and utilization of best practices to eliminate misconduct, reduce high profile incidents and to provide Department employees with a safe and accountable working environment.
(3) Functions of the Commission. The role of the Police Commission is to provide civilian oversight and ensure a platform for residents, civilians and members of the Department to attain greater understanding through dialogue and interaction of public safety and law enforcement throughout Hamden. In accordance with public interest requirements set forth in § 7-1.A of this Charter and the General Statutes requirements, including but not limited to the Municipal Employee Relations and any applicable Ordinances344:
(a) Community Collaboration, Outreach and Interaction345. The Commission will promulgate policies, promulgated as set forth herein, that are reflective of community values and reduce practices that result in disparate impacts on various segments of the community. The Commission will proactively engage the public through public input, surveys and other methods and work with the Chief to implement the same transparently in order to establish credibility throughout the Town and within the neighborhoods through a continuous iterative trust building process. The Commission will utilize baselines and metrics to measure progress.
(i) Public Comment346. In furtherance of its oversight of the general management function the Commission shall undertake efforts to maintain an open and transparent process designed to inform the Commission of the needs of the public, inform the public of the work of the Commission, and foster community engagement, in accordance with the legal obligations of the Commission. Public comment sessions on agenda items shall be scheduled at the opening of each Meeting of the Commission in order to create greater public accountability and legitimacy through access and visibility; subject to the provisions of § 7-1.B(7)(b)(iii) of this Charter. Additionally, the Commission shall establish an accessible and transparent mechanism for the public to regularly communicate and provide input into the work of the Commission, unless restricted by Law or contract.
(ii) Civilian Review and Outreach. The Commission shall interact with any other Town Boards or Commissions formed to address civilian review and strategic planning. The Commission may act as a Civilian Review Board with the authority to issue subpoenas, if so designated by Ordinance347. Moreover, the Commission is authorized to establish citizen advisory groups to function as liaisons between the Commission, the Department and the community in order to address relevant community issues.
(b) Consultations with the Mayor and Chief of Police348. The Commission shall confer with and advise the Mayor and the Chief of Police with respect to the general management and oversight of the Police Department.
(c) Oversight and General Management349. The Commission shall provide oversight of the general management of the Police Department of the Town and the equipment used by the members of the Department. The Commission shall ensure that the Department utilizes best practices in public safety and policing across all operational units of the Department as well as transparency and public accessibility of information and data, in a time-frame and manner consistent with the interests of the Town and in accordance with applicable laws governing the disclosure of information.
(d) Information Sharing and Transparency350. The Commission and the Chief of Police shall develop, propose and implement technologies to provide the public with public safety information sharing and transparency of information in a timely manner consistent with Law and any applicable provision of a collective bargaining agreement. Information sharing shall be a foundation for the development of policies and strategies in the Town and especially in neighborhoods disproportionately affected by crime. Information sharing should include readily accessible data pertinent to the composition of the Police Department, such as race, gender, age and other relevant demographic data, disposition of civilian and departmental complaints, crime and response statistics by neighborhood as well as community policing and other efforts to engage the community. The Commission shall regularly analyze crime and incidence data, trends in best practice of policing, public safety and law enforcement and solicit input from Hamden residents in order to inform policing policy and practice and the effective management of police services in the Town. In accordance with the provisions of §7-1.B(5) of this Charter, the Chief shall obtain the approval of the Commission to transmitting a request to the Mayor for the disposition, transfer or destruction of public documents in accordance with Law.
(e) Public Communications and Electronic Access to the Police Commission351. Members of the public shall have capacity to communicate directly with the Police Commission in accordance with § 7-1.B(7)(a) of this Charter. Moreover, members of the public shall have electronic access to the Police Commission in accordance with § 7-1.B(7)(b)(iii) of this Charter.
(f) Policies, Rules and Regulations352. Approval or disapproval of the policies, rules and regulations proposed by the Chief of Police as set forth in § 8-5.A (4) of this Charter
353. In addition, the Commission may recommend a review of policies, rules and regulations pertaining to the general management and oversight of the Department and the provision of public safety of the Town by all Department personnel
354. Said policies, rules and regulations shall be printed and made available to the public
355. Notwithstanding the foregoing, the policies, rules and regulations of the Commission shall be in (i) furtherance of best practices in the policing, public safety and law enforcement; and (ii) compliance with the requirements of Law and any applicable regulatory authority.
(g) Budget Review. Review and comment on the annual budget request of the Police Department prior to its submission to the Mayor
356. In particular, the Commission shall work with the Chief of Police to review, analyze the projected overtime in order to assess and report the amount required to meet contractual provisions of collective bargaining agreements (and other agreements relating thereto) pertaining to minimum mandatory workforce requirements as opposed to expenditures related to direct public services
357.
(h) Collective Bargaining. Submit to the Mayor, a review and comment on the contents of collective bargaining agreement in order to effectuate the alignment of such agreement with the public service requirements of the Town as well as the best practices of a department in diversity, recruitment, promotion, training, community interaction and operations as well as other areas as may be set forth by Ordinance, provided; however, that such review and comments are for consideration only and shall not be deemed a directive to the Mayor or the Town's negotiating committee.
(i) Personnel. The sole power to appoint, promote and remove all sworn personnel, including officers (with the exception of the Chief and other department personnel subject to the appointment authority of the Mayor under the §8-2 of this Charter), of the Police Department under such regulations as it adopts for that purpose
358 as well as the provisions of any applicable collective bargaining agreement.
(i) Recruitment359. Working with the Director of Human Resources and the Civil Service Commission, the Commission and the Chief of Police shall advise in the development of recruitment strategies including, but not limited, to workforce diversity and Hamden residency and, if legally permissible residency incentives, all in accordance with nationally accepted best practices.
(ii) Appointment360. Said power to appoint personnel shall be exercised, by majority vote of the Commission, present and voting, in accordance with national best practice pertaining to background and qualification standards, Law, and the certification rule
361 governing the selection of candidates on any applicable eligibility list promulgated under civil service rules and regulations
362 of the Civil Service Commission
363.
(iii) Training364. Advising the Mayor and Chief of Police the Commission will work to align police training and recruitment practices with demonstrated needs of communities and the best practices in the field. In addition to police training requirements required by Law, training should focus on, but not be limited to, interpersonal skills, active listening and effective communication strategies, community interactions and problem-solving principles, bias awareness, trauma informed strategies, responding to persons experiencing a mental health crisis, overdose prevention, scenario-based situation decision-making, de-escalation strategies, crisis intervention, language and cultural responsiveness; and other nationally recognized best practices.
(iv) Promotion365. Said power to promote personnel shall be exercised, by majority vote of the Commission, present and voting, in accordance with the certification rule
366 governing the selection of candidates on any applicable Merit System eligibility list promulgated under civil service rules and regulations
367 of the Civil Service Commission
368 and consistent with Law and the provisions of the applicable collective bargaining agreement, where applicable
369.
(v) Removal370. Said power to remove shall be in accordance with the provisions of this Charter and Law
371, including provisions of any applicable collective bargaining agreement
372.
(vi) Recommendation of the Chief of Police373. With regard to the power to appoint, promote and remove the sworn personnel, including officers (with the exception of the Chief and other Department personnel subject to the appointment authority of the Mayor under the § 8-2 of this Charter), of the Police Department, the Chief of Police shall provide a recommendation to the Commission. Other non-sworn personnel of the Department shall be subject to the authority of the Chief in accordance with the Merit System and Personnel and Human Resources polices of the Town as well as any applicable collective bargaining agreements.
(j) Complaints: Discipline, Discharge and Removal 374. The appointed officers and members of the Department shall hold office during good behavior and until removed for just cause (or such standard of Law or collective bargaining agreement).
(i) Appeal or Referral to the Police Commission. Final determinations of removal or discipline shall be considered by the Commission upon appeal by an affected party following a disciplinary action (under §8-5.A(4)(c) of this Charter or in accordance with the applicable provisions of a collective bargaining agreement) or referral by the Chief of Police in accordance with Law or with any applicable provisions of collective bargaining agreement. In such event, the Commission shall meet and hear, the appeal of: any member of the Police Department by reason of the acts or conduct of any officer
375.
(ii) Civilian Complaint376. Any civilian
377 may file a complaint by reason of any alleged misconduct or malfeasance or other violations of Law and the policies, rules and regulations of the Department
378 of any member of the Police Department in accordance with the provisions of the collective bargaining agreement. (Note: Civilians should have the same right to file an appeal as is currently permitted to members of the Police Department by the collective bargaining agreement. Nonetheless, at the time of the adoption of this Charter, the provisions of collective bargaining agreements, which supersede the provisions of this Charter do not include a civilian right of appeal from a determination of the Chief of Police. As a result, this provision can only be effectuated by amendment of the collective bargaining agreement; a memorandum of agreement or understanding with the collective bargaining representative of the police force; or, the amendment of the General Statutes; and, following such modification(s), if any the promulgation of procedures by the Police Commission for said appeals).
(iii) Proceedings379. Said referrals and appeal proceedings shall be conducted in accordance with the Law and any applicable provision of a collective bargaining agreement as well as any regulations of the Department and the Commission consistent therewith. As a party to any proceeding or hearing, any member of the Police Department may be represented by counsel.
(iv) Receipt and Notice of Complaints. Receipt and notice of the content of all complaints shall be transmitted to the Police Commission by the Chief in accordance with applicable regulations and consistent with requirements of any applicable collective bargaining agreements
380. Upon receipt of any civilian complaint, the Chief shall immediately notify the Police Commission and complaining parties of the receipt of said complaint, in accordance with rules established by the Commission; said rules shall also address notice procedures pertaining to the disposition of such complaints. Procedures for civilian complaints shall permit complainants to file such complaints at a location designated by the Commission under circumstances set forth by the Commission in writing. The Commission shall not analyze, study or peruse any such complaint which may be subject to their review
381.
(v) Recommendations382. Said Commission shall make such recommendations as it deems reasonable to adjust a complaint heard by it but shall not commit the Town for the payment of money damages and may not affect the rights of any person under the Merit System.
(k) Audits383. The Commission is authorized to conduct regular audits of police internal complaints and disciplinary processes and where necessary and permitted by Law, to conduct due diligence reviews, on its own motion, following consultation with the Town Attorney or counsel assigned by the Town Attorney. The Department shall provide the Commission with actions taken in individual cases, stating the reasons for action or inaction. The Commission, where permitted by Law may issue reports to the public, at least annually, giving relevant data, including the types of complaints as well as information regarding the race and gender of complainants and the officer-respondent.
(l) Professional Services384. While the Commission is an instrumentality of the executive departments of the Town and is obligated to comply with Law and any agreements pertaining to the Town, the Commission may retain any necessary professional services for advice on specific matters under their jurisdiction, following consultation with the Town Attorney. In furtherance of this authority, the annual Town Budget shall include a specific line-item appropriation for the Police Commission for said professional services in an amount equal to four-tenths of one percent of the approved general fund budget for the Police Department in the ensuing fiscal year.
(4) Appointment and Membership385. The Commission shall consist of nine (9) Electors of the Town, one each selected from the Legislative Council Districts of the Town, appointed as set forth in § 7-1.B of this Charter
386. The Commission shall choose a chair and such other officers as it may desire
387.
(a) Term388. Following the completion of the transition terms set forth below the Mayor shall appoint members for a term of three (3) years, for a term commencing on the 1st Day of January of the year of appointment
389.
(b) Transition Terms. The Mayor shall appoint:
(i) One member each from the 1st, 4th and 7th Legislative Council Districts to a term of three (3) years commencing on the 1st Day of January 2024 and thereafter to a term of three (3) years commencing on the 1st day of January 2027.
(ii) One member each from the 2nd, 5th and 8th Legislative Council Districts to a term of two (2) years commencing on the 1st Day of January 2024 and thereafter to a term of three (3) years commencing on the 1st day of January 2026.
(iii) One member each from the 3rd, 6th, and 9th Legislative Council Districts to a term of one (1) year commencing on the 1st Day of January 2024 and thereafter to a term of three (3) years commencing on the 1st day of January 2025.
(c) Qualifications390. Members of the Commission shall have a variety of personal, business and professional experience, including any of the following fields: law, public policy, social work, psychology, mental health, law enforcement (although not in the HPD), community organizing, civil rights, the planning, design and permitting of traffic and transportation projects (including traffic analysis and impact), engineering, land development and infrastructure projects; and advocacy on behalf of (1) immigrant or undocumented people; people with disabilities and/or mental health disorders or (3) LGBTQ+ people. In addition to these requirements the Mayor and President of the Legislative Council are required to comply with the requirements of § 7-1.G of this Charter. No more than two (2) members shall be current or retired law enforcement officers or officials or immediate family of such member or official, as said term may be defined by the Board of Ethics, and no member or retired member of the Hamden Police Department shall be appointed to said Commission in order to avoid appearance or violation of the provisions of this Charter or Ordinances pertaining to conflict of interest.
(d) Adherence to Best Practices and Standards: Grounds for Removal. In order to manifest and exemplify the highest standards of conduct and best public safety and police practices and traffic planning standards, members are required to engage initial training programs offered by the Citizens' Police Academy operated by the Department or any successor program of the Department. Thereafter, members may continue training obligations under programs offered by the following organizations:
(i) International Association of Chiefs of Police ("IACP");
(ii) Federal Law Enforcement Training Center ("FLETC");
(iii) Office of Community Oriented Policing Services, DOJ ("COPS");
(iv) National Association for Civilian Oversight of Law Enforcement;
(v) National League of Cities, United States Conference of Mayors, Connecticut Conference of Municipalities ("CCM") or the Connecticut Interlocal Risk Management Agency ("CIRMA");
(vi) American Planning Association (Transportation Planning Division) or regional affiliates;
(vii) National Alliance on Mental Illness ("NAMI"); or,
(viii) Council of State Governments Justice Center, their successor organizations or other similar organizations, or the monthly police training certified by the Police Officer Standards and Training Council. Additional training shall utilize organizations recognized for their advocacy of best practices in the public safety services as well as internal (agency culture, policy administrative processes or training) and external (transparency, community engagement and interactions with various populations) policing strategies. In the event such training programs are not available, the Town shall support and fund mandatory training for the members and other programs recommended by the Chief of Police or by a majority vote of the Commission present and voting. Said training shall not be later than six (6) months following confirmation to the Commission by the Legislative Council and prior to the commencement of a new term. Failure to participate in training sessions constitutes grounds for removal from the Police Commission. The Chief of Police shall be responsible for notifying members of their training obligations.
E. Fire Commission391.
(1) Establishment392. There shall be a Fire Commission which shall have the authority to exercise the powers and duties contained in this Charter and Ordinances pertaining to the oversight of the general management (including operations) of the Fire Department of the Town and the equipment used by the members of the Department. In this regard, the Commission shall approve or disapprove policies, rules and regulations proposed by the Fire Chief as set forth in § 8-5.B (2) of this Charter
393. Moreover, in accordance with the provisions of § 7-1.B(5) of this Charter, the Fire Chief shall obtain the approval of the Commission to transmitting a request to the Mayor for the disposition, transfer or destruction of public documents in accordance with Law.
(2) Appointment and Membership394. The Commission shall consist of five (5) Electors of the Town appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term395. Following the municipal election of 2013 and biennially thereafter, the Mayor shall appoint members for a term of two (2) years for a term commencing on the 1st Day of January of the year of appointment
396.
(3) Duties and Responsibilities. For the purposes of complying with the requirements of the General Statutes, this Charter and any applicable Ordinances, the Commission shall:
(a) confer with and advise the Mayor and the Fire Chief with respect to the general management of the Fire Department397;
(b) review and comment on the budget request for the Fire Department prior to its submission to the Mayor398.
(c) have the sole power to appoint, promote and remove all personnel including sworn personnel under such regulations as it adopts for that purpose.
(i) Said power to appoint and promote personnel shall be exercised, by majority vote of the Commission, present and voting, in accordance with the certification rule governing the selection of candidates on any application eligibility list promulgated under civil service rules and regulations of the Civil Service Commission and consistent with Law and the provisions of the applicable collective bargaining agreement, where applicable399;
(ii) Said power to remove shall be in accordance with the provisions of this Charter and Law400.
(iii) With regard to the power to appoint, promote and remove personnel, the Fire Chief shall provide a recommendation to said Commission401.
(d) appoint Fire Marshal(s) and Deputy Fire Marshal(s) as set forth in the General Statutes402.
(4) Complaints.
(a) The Commission shall meet and hear, upon written request, the complaint of any member of the Fire Department by reason of the acts or conduct of any officer403.
(b) The Commission shall meet and hear, upon written request, the complaint of any citizen of the Town by reason of any alleged misconduct or malfeasance of any member of the Fire Department, in accordance with any applicable provisions of a collective bargaining agreement404. Upon receipt of any civilian complaint, the Chief shall immediately notify the Commission and complaining parties of the receipt of said complaint, in accordance with rules established by the Commission; said rules shall also address notice procedures pertaining to the disposition of such complaints.
(c) Any member of the Department may be represented by counsel at any proceeding or hearing to which he is a party405.
(d) Said Commission shall make such recommendations as it deems reasonable to adjust a complaint heard by it but shall not commit the Town for the payment of money damages and may not affect the rights of any person under the Merit System406.
F. Zoning Board of Appeals407.
(1) Establishment408. There shall be a Zoning Board of Appeals to exercise the following powers and duties as more explicitly set forth in the General Statutes:
(a) To hear and decide zoning appeals409;
(b) To hear and decide all land use matters as may be permitted by law410; and,
(c) To determine and vary the application of the zoning bylaws, Ordinances or regulations in cases of exceptional difficulty or unusual hardship411.
The ability to hear cases shall be limited as set forth in the General Statutes412. The validity and effect of variances shall be governed by the General Statutes413. The provision of § 7-1.E of this Charter shall be confirmed in the form of an Ordinance414.
(2) Appointment and Membership415. The Board (comprised of five (5) regular members and three (3) members of a "Panel of Alternates") shall consist of eight (8) Electors of the Town
416 appointed as set forth in § 7-1.C of this Charter
417. The Commission shall choose a chair and such other officers as it may desire
418. The Board shall follow the requirements of the General Statutes pertaining to the call of public meetings, the administration of oaths, compelling of attendance of witnesses, preparation of meeting minutes and the filing of rules, regulations and requirements (and the amendment or repeal thereof) and decisions as public records
419.
(a) Term. The Mayor shall appoint members for a term of five (5) years, for a term commencing on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments.
(i) Term of the Panel of Alternates. The Mayor shall appoint members to the Panel of Alternates for a term of five (5) years, for a term commencing on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments.
(b) Assignment of the Panel of Alternates420. Members of the Panel of Alternates shall be designated to act in the place of a member as set forth in the General Statutes
421.
(c) Restrictions422. The regular members and Panel of Alternates shall not be members of the body acting as the Zoning Commission.
(d) Vacancy423. Notwithstanding the provisions of § 7-1.C of this Charter, any Vacancy in the regular members of the Board or Panel of Alternates, shall be filled for the unexpired portion of the term by the Mayor.
G. Planning and Zoning Commission424.
(1) Establishment425. There shall be a Planning and Zoning Commission to exercise the powers and duties as set forth in the General Statutes
426. This provision of the Charter (to wit. § 7-2.G) shall be affirmed and approved in the form of an Ordinance or action by the Legislative Council in accordance with the provisions of the General Statutes
427.
(2) Appointment and Membership428. The Commission shall consist of nine (9) regular members and three (3) alternate members
429, all Electors of the Town appointed as set forth in § 7-1.C of this Charter
430. The Commission shall choose a chair and such other officers as it may desire.
(a) Term431. The Mayor shall appoint members for a term of three (3) years, for a term commencing on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments (Historical Note: See, § 11-11 of this Charter pertaining to the historical antecedents under the Charter adopted on November 8, 1983).
(i) Term of the Alternate Members432. The Mayor shall appoint alternate members for a term of three (3) years, on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments (Historical Note: See, § 11-12 of this Charter pertaining to the historical antecedents under the Charter adopted on November 8, 1983).
(b) Assignment of Alternate Members433. When a regular member of the Planning and Zoning Commission is absent, the Chairman of the Commission shall designate an alternate, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting
434.
(3) Division of Commission435. The Commission may be divided into a zoning section and a planning section, each to consist of four (4) members and the chairman. Each section shall be subject to the provisions of § 7-1.F of this Charter. The Chair shall preside over both sections.
H. Building Board of Appeals436.
(1) Establishment437. As required by the General Statutes, there shall be a Building Board of Appeals to exercise the powers and duties as set forth in the General Statutes and the Basic Building Code of the State438.
(2) Appointment and Membership439. The Commission shall consist of five (5) regular members
440, all Electors of the Town, unless otherwise required by the General Statutes
441, appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term. The Mayor shall appoint members for a term of five (5) years, for a term commencing on the 1st Day of January of the year of appointment, which terms shall be staggered as established at the date of the original appointments
442.
I. Personnel Appeals Board443.
(1) Establishment444. There shall be a Personnel Appeals Board for the purpose of hearing and determining any grievance, as shall be defined by Ordinance, of any employee or group of employees who are members of the classified service
445. The Board shall adopt rules of procedures which shall insure any aggrieved employee a prompt and fair hearing and an opportunity to be heard in person or by the employee's chosen representative
446. This provision of the Charter (to wit. § 7-2.I) shall be affirmed and approved in the form of an Ordinance or action by the Legislative Council in accordance with the provisions of the General Statutes
447.
(2) Appointment and Membership448. The Board shall consist of five (5) Electors of the Town holding no salaried municipal office
449, appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term. The Mayor shall appoint regular members for a term of three (3) years, for a term commencing on the 1st Day of February of the year of appointment
450, which terms shall be staggered as established at the date of the original appointments (Historical Note: See, § 11-13 of this Charter pertaining to the historical antecedents under the Charter adopted on November 8, 1983)
451.
(b) Minority Party Representation452. Notwithstanding the provisions of § 7-1.F of this Charter, the minority party requirements set forth in the applicable General Statutes shall apply in the event such statutory standard is more restrictive than the Charter
453.
(c) Quorum454. The quorum requirements shall conform to the requirements of the General Statutes
455.
(3) The Board shall have such other duties and powers as may be prescribed by the Council456.
(4) Statutory Appeal457. The decisions of the Board may be appealed to the Superior Court as set forth in the General Statutes
458.
J. Library Board459.
(1) Establishment460. There shall be a Library Board
461 which shall have the authority to establish policies for the operation and use of all public libraries in the Town and shall exercise full supervision over all public library operations in accordance with the General Statutes, this Charter and Ordinances.
(2) Appointment and Membership462. The Board shall consist of nine (9) Electors of the Town, one each selected from the Legislative Council Districts of the Town, appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term463. The Mayor shall appoint members for a term of five (5) years, for a term commencing on the 1st Day of February of the year of appointment, which terms shall be staggered as established at the date of the original appointments
464.
Transition Provision Pertaining to the Appointment of Members to the Library Board. The Mayor shall each appoint:
(i) One member each from the 1st and 5th Legislative Council Districts to a term of five (5) years commencing on the 1st Day of February 2023 and thereafter to a term of five (5) years commencing on the 1st day of February 2028;
(ii) One member from the 3rd Legislative Council District to a term of one (1) year commencing on the 1st Day of February 2023 and thereafter to a term of five (5) years commencing on the 1st day of February 2024 and thereafter to a term of five (5) years commencing on the 1st day of February 2029;
(iii) One member from the 6th Legislative Council District to a term of five (5) years commencing on the 1st day of February 2024 and thereafter to a term of five (5) years commencing on the 1st day of February 2029;
(iv) One member from the 8th Legislative Council District to a term of two (2) years commencing on the 1st Day of February 2023 and thereafter to a term of five (5) years commencing on the 1st day of February 2025;
(v) One member from the 4th Legislative Council District to a term of five (5) years commencing on the 1st day of February 2025 and thereafter to a term of five (5) years commencing on the 1st day of February 2030;
(vi) One member from the 9th Legislative Council District to a term of three (3) years commencing on the 1st Day of February 2023 and thereafter to a term of five (5) years commencing on the 1st day of February 2026;
(vii) One member from the 2nd Legislative Council District to a term of five (5) years commencing on the 1st day of February 2026 and thereafter to a term of five (5) years commencing on the 1st day of February 2031;
(viii) One member from the 7th Legislative Council District to a term of five (5) years commencing on the 1st day of February 2027.
(3) Administrative Functions465. Such Board shall recommend appointment and removal of the Library Director to the Mayor in accordance with §§ 8-2.A and B. of this Charter. Subject to the provisions of the Merit System, the Director shall appoint such other personnel as are necessary to administer the library system of the Town
466.
(4) Adherence to Best Practices and Standards. In order to manifest and exemplify the highest standards of conduct and best practices, not later than six (6) months following confirmation by the Legislative Council, newly appointed board members shall engage in training programs shall include organizations recommended by the Library Director for their advocacy and knowledge of best practices in public library services and training specific to the responsibilities of being a library trustee, orientation to library operations, and acclimatization with board processes and vision. In the event such training programs are not available, the Town shall support and fund mandatory training for the members and other programs recommended by the Library Director or by a majority vote of the Commission present and voting. Said training shall not be later than six (6) months following confirmation to the Board by the Legislative Council and prior to the commencement of a new term. Failure to participate in training sessions constitutes grounds for removal from the Library Board. The Library Director shall be responsible for notifying members of their training obligations.
K. Inland Wetlands Commission467.
(1) Establishment468. There shall be an Inland Wetlands Commission which shall promulgate such regulations, in conformity to those adopted by the State, as are necessary to protect the wetlands and watercourses within the Town.
(2) Appointment and Membership. The Commission shall consist of nine (9) members and three (3) alternates, all Electors of the Town appointed as set forth in § 7-1.C of this Charter. The Commission shall choose a chair and such other officers as it may desire.
(a) Term. The Mayor shall appoint members for a term of three (3) years, for a term commencing on the 1st Day of May of the year of appointment, which terms shall be staggered as established at the date of the original appointments.
(b) Term of Alternate Member469. The Mayor shall appoint the alternate for a term of two (2) years, on the 1st Day of January of the year of appointment.
(c) Assignment of Alternate Member470. If a regular member of the Board is absent or is disqualified, the Chair of the Commission shall designate an alternate to so act.
(d) Ex-officio Members. The Mayor and Town Planner shall serve as ex-officio members of the Commission, without vote. The Legislative Council may, by Ordinance, establish an ex officio membership for a member of the Council.
(3) Duties and Appointment and Membership. The Commission shall carry out the provisions of the General Statutes pertaining to the protection of wetlands and watercourses within the Town limits
471.
L. Diversity, Equity and Inclusion Commission472.
(1) Establishment. There shall be a Diversity, Equity, and Inclusion (DEI) Commission which shall have the task of shepherding equity for all residents of the Town particularly those who (a) belong to marginalized and/or underserved communities; (b) are in included in the protected classes as set forth by Law at the time of adoption of this Charter, including, Black and African American, Latino, Latina and Latinx, Indigenous and Native Americans, Asian Americans, Pacific Islanders and other persons of color; members of religious minorities; LGBTQ+ persons; persons with disabilities; and, (c) persons otherwise adversely affected by persistent poverty or inequality. The Town may modify the preceding enumeration by Ordinance, regulation or policy to cover any additional protected classes as may be covered by Laws pertaining to civil rights and discrimination.
(2) Definitions. (a) The term "underserved communities" refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life and/or other discrimination as determined by the Commission and/or local, state or federal Law.
(3) Role of Commission. The DEI Commission will coordinate efforts to gain public input into and embed equity principles, policies, and approaches across all Town policies, procedures and systems of the Town. The Commission shall provide assistance to the Mayor, Legislative Council and other Boards and Commissions with respect, but not limited, to the following issues: housing; access to education; public health; law enforcement and civilian engagement; redressing inequities and inequalities in the capital budget; supporting participation in Town Boards and Commissions and governance; and, eliminating structural and institutional issues contributing to and concerning inequity and inequality. As such, the Commission shall:
(a) systematically review and provide recommendations relating to Town policies, procedures and budgetary and fiscal items as they impact equity in the Town;
(b) coordinate with and support all Town commissions, agencies and the Legislative Council in the development and execution of diversity, equity, and inclusion initiatives within the framework of local, state and federal Law;
(c) provide regular reports to the Mayor and Legislative Council on significant developments and findings in the Diversity, Equity, and Inclusion Commission and related activities, including, but not limited to an annual report, commencing on July 1, 2025 and on each anniversary date thereafter, regarding the compliance of Boards and Commissions to § 7-1.G(1) and (2) of this Charter;
(d) support other Boards and Commissions in identifying, coordinating and addressing issues related to equity;
(e) research, recommend structure and oversee the Diversity, Equity and Inclusion Fund as established by ordinance; and
(f) advise and provide recommendations to the Mayor and the Legislative Council pertaining to compliance with the provisions of § 7-1.G(1) of this Charter at the time of a nomination and appointment of said member, effective; three (3) months following the first Meeting of the Commission. Notwithstanding the foregoing effective date of this sub-section appointments to Boards and Commissions shall proceed in accordance with the provisions of this Charter; and
(g) other duties as defined by Ordinance.
(4) Appointment and Membership. The Commission shall consist of members from each of the nine (9) Legislative Council Districts, appointed as set forth in 7-1.C of this Charter. The Board shall choose a chair and such other officers as it may desire.
(a) Term. The Mayor shall appoint members for a term of four (4) years commencing on the 1st Day of January of the year of appointment (subject to the transition provision, below). The terms shall be staggered as established at the date of the original appointment.
(i) Transition Language Pertaining to the Initial Appointment of Members to the Diversity, Equity and Inclusion Commission. Three members shall be appointed to a term of four (4) years commencing on the 1st Day of January 2023. Three members shall be appointed to a term of three (3) years commencing on the 1st Day of January 2023 and thereafter to a term of six (6) years commencing on the 1st day of January 2026. Three members shall be appointed to a term of two (2) years commencing on the 1st Day of January 2023 and thereafter to a term of six (6) years commencing on the 1st day of January 2025. Following the initial appointment, the term of office shall be uniform.
(b) Ex-officio Member: Liaison.
(i) The Mayor shall serve as an ex-officio member of the DEI Commission.
(ii) The Mayor shall assign an employee of the Town to be the liaison to the DEI Commission. The liaison will serve as a resource to establish communication between the Mayor, the Legislative Council, the Town Clerk, other Town Boards and Commissions, and other bodies to advance the work of the Commission to address equity within the Town.
(5) Equity Fund Ordinance. The Commission and the Legislative Council shall develop an Ordinance establishing criteria for the level of funding and methods of allocation of such funds to address issues of equity, justice and inclusion for the people of the Town in accordance with the scope, priorities and recommendations of the Diversity, Equity and Inclusion Commission.
(6) Transition Provision Regarding Equal Rights and Opportunities 473. Not later than sixty (60) Days following the effective date of this Charter, the Mayor shall appoint a Task Force on Equal Rights and Opportunities ("Task Force") for the purpose of determining the necessity of establishing a Commission on Equal Rights and Opportunities for the Town, said appointments subject to approval by the Legislative Council. Said Task Force shall deliver its findings to the Mayor and Legislative Council within one (1) year from the first Meeting of the task force; unless the Task Force seeks additional time to complete its work and to submit the written reasons for such extension request. The Task Force shall work with the Diversity, Equity and Inclusion Commission and the Human Rights Commission regarding this endeavor. The Task Force may recommend consolidation of the pre-existing Boards and Commissions if deemed appropriate. The Legislative Council shall conduct a public hearing on the findings of the Task Force within thirty (30) Days following receipt of said report.
287 NEW (2022).
288 Charter Revision of 2011.
289 NEW (2022).
290 NEW (2022).
291 2022 recodification of Charter § 7-2.A, which modified 1983 Charter § 17-4.
292 2022 recodification of 1983 Charter § 17-4 (first and second sentences).
293 2022 modification of 2011 Charter § 7-2. A (2) which modified 1983 Charter § 17-4 (first sentence).
294 Charter Revision of 2011. See, C.G.S. §7-408, in pertinent part, as follows: "Within thirty days after such official determination, the chief executive officer of such political subdivision shall appoint three persons as civil service Commissioners to hold office, one for two years, one for four years and one for six years, and until their respective successors are appointed and have qualified, which Commissioners shall constitute the civil service board; and, biennially thereafter, such chief executive officer shall appoint one Commissioner to serve for six years and until his successor is appointed and has qualified".
295 2022 modification of 1983 Charter § 17-4 (third sentence), which reads as follows: "The Executive Secretary of the Commission shall serve as the Personnel Director of the Town".
296 See, C.G.S. §7-410 entitled "Civil service board; president; chief examiner".
297 Charter Revision of 2011. See, fn re - C.G.S. §7-408, above.
298 NEW (2022).
299 NEW (2022).
300 Charter Revision of 2011. See, C.G.S. §7-408, in pertinent part, as follows: "...Each Commissioner, before entering upon the duties of his office, shall take the oath prescribed for executive officers...".
301 Charter Revision of 2011. See, C.G.S. §7-408, in pertinent part, as follows: "... All appointments to said board, both original and to fill vacancies, shall be so made that not more than two members shall, at the time of appointment, be members of the same political party...".
302 Charter Revision of 2011. See, C.G.S. §7-408, in pertinent part, as follows: "...and no such Commissioner shall, during his term of office, hold any other lucrative office or employment under the United States or the state or any political subdivision thereof having employees classified under the provisions of this part".
303 Charter Revision of 2011. See, C.G.S. §7-408, in pertinent part, as follows: "...The chief executive officer may remove any Commissioner appointed by him, for lack of moral character, incompetency, neglect of duty, malfeasance or partisan activity while in office, but he shall, at the same time, file with the clerk of the superior court for the appropriate judicial district a report, in writing, of such removal, with his reasons therefor. In case of any vacancy, the unexpired portion of the term shall be filled by appointment by such chief executive officer...".
304 Charter Revision of 2011.
305 2022 recodification of Charter § 7-2.B, which modified 1983 Charter § 19-5.
306 2011 modification of 1983 Charter § 19-5.A. See, C.G.S. §7-148h(a), in pertinent part, as follows: "Any town, city, district, as defined in § 7-324, or borough may, by charter provision or ordinance, establish a board, commission, council, committee or other agency to investigate allegations of unethical conduct, corrupting influence or illegal activities levied against any official, officer or employee of such town, city, district or borough...".
307 2011 modification of 1983 Charter § 19-5.A (first sentence, first clause). See, C.G.S. §7-148h entitled "Ethics Commission; establishment and powers. Interest in conflict with discharge of duties".
308 1983 Charter § 19-5. B.1.
309 1983 Charter § 19-5. B.2.
310 1983 Charter § 19-5. B.2.a.
311 1983 Charter § 19-5. B.2.b.
312 Charter Revision of 2011 (final clause).
313 2011 modification of 1983 Charter § 19-5. B.3 by adding "other ordinances".
314 Charter Revision of 2011. See, C.G.S. §7-148h(a), in pertinent part, as follows: "...Any board, commission, council, committee or other agency established pursuant to this section may issue subpoenas or subpoenas duces tecum, enforceable upon application to the Superior Court, to compel the attendance of persons at hearings and the production of books, documents, records and papers...".
315 2011 modification of 1983 Charter § 19-5.A (first paragraph, first sentence).
316 Charter Revision of 2011.
317 2011 modification of 1983 Charter § 19-5.A (first paragraph, fifth and seventh sentences). The revision deletes language regarding "compensation" since it is addressed generally in § 7-1.G.
318 2011 modification of 1983 Charter § 19-5.A (first paragraph, ninth sentence).
319 1983 Charter § 19-5.A (first paragraph, fourth sentence).
320 2011 modification of the following language in 1983 Charter § 19-5.A (first paragraph, first sentence): "...no more than three (3) of whom shall be members of the same political party".
321 NEW (2022).
322 2011 modification of 1983 Charter § 19-5. A (first paragraph, second and third sentences) by removing the term "elected".
323 1983 Charter § 19-5. A (second paragraph, second sentence).
324 Charter Revision of 2011.
325 Charter Revision of 2011.
326 Charter Revision of 2011.
327 2011 modification of 1983 Charter § 19-5.B.2.a. See, C.G.S. §7-148h(a), in pertinent part, as follows: "...The provisions of subsections (a) to (e), inclusive, of § 1-82a shall apply to allegations before any such agency of such conduct, influence or activities, to an investigation of such allegations conducted prior to a probable cause finding, and to a finding of probable cause or no probable cause...".
328 2011 modification of 1983 Charter § 19-5.B.2.a (second sentence). See, C.G.S. §1-82a. "Confidentiality of complaints, evaluations of possible violations and investigations. Publication of findings (a) Unless a judge trial referee makes a finding of probable cause, a complaint alleging a violation of this part or section 1-101nn shall be confidential except upon the request of the respondent. An evaluation of a possible violation of this part or section 1-101nn by the Office of State Ethics prior to the filing of a complaint shall be confidential except upon the request of the subject of the evaluation. If the evaluation is confidential, any information supplied to or received from the Office of State Ethics shall not be disclosed to any third party by a subject of the evaluation, a person contacted for the purpose of obtaining information or by the ethics enforcement officer or staff of the Office of State Ethics. No provision of this subsection shall prevent the Office of State Ethics from reporting the possible commission of a crime to the Chief State's Attorney or other prosecutorial authority."
329 2011 modification of 1983 Charter § 19-5.B.2.a. See, C.G.S. §1-82a. "Confidentiality of complaints, evaluations of possible violations and investigations. Publication of findings...(b) An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If the investigation is confidential, the allegations in the complaint and any information supplied to or received from the Office of State Ethics shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or board or staff member of the Office of State Ethics."
330 2011 modification of 1983 Charter § 19-5. B.2.b.
331 Charter Revision of 2011. See, C.G.S. §1-82a. "Confidentiality of complaints, evaluations of possible violations and investigations. Publication of findings. (c) Not later than three business days after the termination of the investigation, the Office of State Ethics shall inform the complainant and the respondent of its finding and provide them a summary of its reasons for making that finding. The Office of State Ethics shall publish its finding upon the respondent's request and may also publish a summary of its reasons for making such finding".
332 Charter Revision of 2011. See, C.G.S. §1-82a. "Confidentiality of complaints, evaluations of possible violations and investigations. Publication of findings. (d) If a judge trial referee makes a finding of no probable cause, the complaint and the record of the Office of State Ethics' investigation shall remain confidential, except upon the request of the respondent and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, witness, designated party, or board or staff member of the Office of State Ethics shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the judge trial referee may, after consultation with the respondent if the respondent is not the source of the disclosure, publish the judge trial referee's finding and a summary of the judge trial referee's reasons therefore".
333 Charter Revision of 2011. See, C.G.S. §1-82a. "Confidentiality of complaints, evaluations of possible violations and investigations. Publication of findings. (e) The judge trial referee shall make public a finding of probable cause not later than five business days after any such finding. At such time the entire record of the investigation shall become public, except that the Office of State Ethics may postpone examination or release of such public records for a period not to exceed fourteen days for the purpose of reaching a stipulation agreement pursuant to subsection (c) of section 4177. Any such stipulation agreement or settlement shall be approved by a majority of those members present and voting."
334 Charter Revision of 2011.
335 Charter Revision of 2011.
336 2011 modification of 1983 Charter § 19-5.C.
337 "Official" replaces" "officer".
338 "Appointed Public Official" replaces "appointed officer".
339 2011 modification of 1983 Charter § 19-5.D by removing the appeal to the Superior Court. It is not clear what statutory basis exists for such appeal.
340 "Public Official" replaces "elected or appointed officer".
341 1983 Charter § 10-3. Comment of the 2022 Charter Revision Commission. The Charter cites C.G.S. §7-276. Powers of Commissioners as a point of reference, not the source of legal authority for the creation of the Hamden Police Commission. This provision is based on the authority to establish municipal charters, including the creation of boards and commissions, as the scope of authority under the home rule act; in particular, C.G.S. §7-193(b).
342 Modification of 2011 Charter § 7-2.C(1), which was approved in the 2011 Charter Revision. See also 1983 Charter § 10-3.
343 NEW (2022). See, See, C.G.S. §14-297, definition of "Traffic Authority".
344 NEW (2022).
345 NEW (2022).
346 NEW (2022).
347 NEW (2022). Comment of the 2022 Charter Revision Commission. It is generally understood that Chapter 104 of Title 7 of the General Statutes, which includes C.G.S. §7-274 through §7-280, addresses the creation of police commissions, by ordinance, in municipalities which do not have Home Rule Charters. This general notion is complicated by the placement of other provisions of apparent general application which are included in Chapter 104. A study of Title 7 has been authorized by the General Assembly to clarify issues of the relationship between laws that address charter and non-charter municipalities. Any conclusions that these provisions would be applicable to charter municipalities would require further due diligence including possible guidance from the courts.
348 Recodification and modification of 2011 Charter § 7-2.C(3)(a) which modified Modification of 1983 Charter § 10-3 (first paragraph, third sentence).
349 Recodification and modification of the following clause of 2011 Charter § 7-2.C (1): ... "the oversight of the general management (including operations) of the Police Department of the Town and the equipment used by the members of the Department."
350 NEW (2022).
351 NEW (2022).
352 Recodification and modification of the following clause of 2011 Charter § 7-2.C (1): "In this regard, the Commission shall approve or disapprove policies, rules and regulations proposed by the Chief of Police as set forth in §8-5.A (4) of this Charter."
353 Charter Revision of 2011. Again citing C.G.S. § 7-276. "Such boards...shall make all needful regulations for the government thereof not contrary to law and may prescribe suitable penalties for the violation of any such regulation, including suspension or removal from office of any officer or member of such police department".
354 NEW (2022).
355 NEW (2022).
356 Recodification and modification of 2011 Charter § 7-2.C(3)(b) which modified 1983 Charter § 10-3 (first paragraph, fourth sentence) by adding the term "and comment on...".
357 NEW (2022) (Final clause).
358 Recodification and modification of 2011 Charter § 7-2.C(3)(c) which modified 1983 Charter § 10-3 (second paragraph, first sentence) by adding the term "sole" and the clause "remove officers and members of the police department under such regulations as it adopts for that purpose" as set forth in C.G.S. § 7-276. "Such board...shall have the sole power of appointment, promotion and removal of the officers and members of such police department, under such regulations as it adopts for the purpose".
359 NEW (2022).
360 Recodification and modification of 2011 Charter § 7-2.C(3)(c)(i) (deletion of "promote").
361 Note: The applicable rule at the time of adoption of this amendment in 2022 was the "Rule of Three;" in other words, the "top three (3) candidates."
362 2011 modification of 1983 Charter § 10-3 (second paragraph, first sentence), by using the following in lieu of the term "Civil Service": "...Merit System eligibility list promulgated under civil service rules and regulations".
363 NEW (2022).
364 NEW (2022).
365 Recodification and modification of 2011 Charter § 7-2.C(3)(c)(i) (deletion of "appoint").
366 Note: The applicable rule at the time of adoption of this amendment in 2022 was the "Rule of Three;" in other words, the "top three (3) candidates."
367 2011 modification of 1983 Charter § 10-3 (second paragraph, first sentence), by using the following in lieu of the term "Civil Service": "...Merit System eligibility list promulgated under civil service rules and regulations".
368 NEW (2022).
369 NEW (2022) ("...and law, including provisions of any applicable collective bargaining agreement"). At the time of adoption promotions are further governed by Article 36 of the "Tentative Agreement between the Town of Hamden and UPSEU / COPS, LOCAL 062 (The Hamden Police Department), effective July 1,2014 - June 30, 2022 ("2014 - 2022 CBA").
370 Recodification and modification of 2011 Charter § 7-2.C(3)(c)(ii).
371 Recodification and modification of 2011 Charter § 7-2.C(3)(c)(iii) which recodified 2011 Charter § 7-2.C(3)(c)(i).
372 NEW (2022) (final clause).
373 2011 modification of 1983 Charter § 7-2.C (3)(c)(iii) (second paragraph, second sentence).
374 Recodification and modification of 2011 Charter § 7-2.C (4), which was approved in 2011. See, C.G.S. § 7-276 "...and such appointees shall hold office during good behavior and until removed for cause upon written charges and after hearing". At the time of adoption promotions are further governed by Article 36 of the 2014 - 2022 CBA.
375 Recodification and modification of 2011 Charter § 7-2.C(4)(a), which modified 1983 Charter § 10-3 (third paragraph, first sentence).
376 Recodification and modification of 2011 Charter § 7-2.C(4)(b), which modified 1983 Charter § 10-3 (third paragraph, second sentence).
377 NEW (2022) ("civilian" replaces "citizen of the Town").
378 NEW (2022) ("other violations of Law and the policies, rules and regulations of the Department").
379 Recodification and modification of 2011 Charter § 7-2.C(4) (first sentence of last paragraph), which modified 1983 Charter § 10-3 (third paragraph, third sentence).
380 NEW (2022).
381 NEW (2022).
382 Recodification and modification of 2011 Charter § 7-2.C(4) (second sentence of last paragraph), which modified 1983 Charter § 10-3 (third paragraph, third sentence).
383 NEW (2022).
384 NEW (2022).
385 2011 modification of 1983 Charter § 10-3 (first sentence).
386 Modification of the first sentence § 7-2.C (2).
387 2011 modification of 1983 Charter § 10-3.
388 In lieu of the following language in 1983 Charter § 10-3 (first paragraph, second sentence): "The Mayor shall during the month of December in odd-numbered years, appoint such Commissioners who shall serve for a term of two (2) years from January 1st following their appointment, and until their successors have been appointed and qualified."
389 Modification of the following language in 1983 Charter § 10-3 (first paragraph, first sentence): "...no more than three (3) of the members of such Commission shall belong to the same political party".
390 NEW (2022).
391 2022 recodification of Charter § 7-2.D, which modified 1983 Charter § 10-9.
392 Charter Revision of 2011.
393 Charter Revision of 2011.
394 2011 modification of 1983 Charter § 10-9 (first paragraph, first sentence).
395 In lieu of the following language in 1983 Charter § 10-9 (first paragraph, second sentence): "The Mayor shall during the month of December in odd-numbered years, shall appoint such Commissioners who shall serve for a term of two (2) years from January 1st following their appointment, and until their successors have been appointed and qualified.
396 2011 modification of the following language in 1983 Charter § 10-9 (first paragraph, first sentence): "...provided that no more than three (3) of the members of such Commission shall belong to the same political party".
397 1983 Charter § 10-9 (first paragraph, third sentence).
398 2011 modification of 1983 Charter § 10-9 (first paragraph, fourth sentence) by adding "and comment on...".
399 2022 modification founded upon the 2011 modification of 1983 Charter § 10-9 (first paragraph, fifth sentence), by using the following in lieu of the term "Civil Service": "...Merit System eligibility list promulgated under civil service rules and regulations."
400 Charter Revision of 2011.
401 1983 Charter § 10-9 (first paragraph, sixth sentence).
402 Charter Revision of 2011. See, C.G.S. §29-297 entitled "Appointment of local fire marshals, deputies and provisional fire marshals".
403 1983 Charter § 10-9 (second paragraph, first sentence).
404 1983 Charter § 10-9 (second paragraph, second sentence).
405 1983 Charter § 10-9 (second paragraph, third sentence).
406 1983 Charter § 10-9 (second paragraph, fourth sentence). The term "Merit System" replaces the following clause: "...under the merit provisions of this Charter".
407 2022 recodification of Charter § 7-2.E.
408 2011 modification of 1983 Charter § 13-3 (first and second sentences). Required by the General Statutes in all towns having zoning commissions; see, the following footnotes.
409 Charter Revision of 2011. See, C.G.S. §8-6. Powers and duties of board of appeals. "(a) The zoning board of appeals shall have the following powers and duties: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of this chapter or any bylaw, ordinance or regulation adopted under the provisions of this chapter...".
410 Charter Revision of 2011. See, C.G.S. §8-6. Powers and duties of board of appeals. "(a) The zoning board of appeals shall have the following powers and duties: ...(2) to hear and decide all matters including special exceptions and special exemptions under § 8-2g upon which it is required to pass by the specific terms of the zoning bylaw, ordinance or regulation; and
411 Charter Revision of 2011. See, C.G.S. §8-6. Powers and duties of board of appeals. "(a) The zoning board of appeals shall have the following powers and duties: (3) to determine and vary the application of the zoning bylaws, ordinances or regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience, welfare and property values solely with respect to a parcel of land where, owing to conditions especially affecting such parcel but not affecting generally the district in which it is situated, a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship so that substantial justice will be done and the public safety and welfare secured, provided that the zoning regulations may specify the extent to which uses shall not be permitted by variance in districts in which such uses are not otherwise allowed..."
412 Charter Revision of 2011. See, C.G.S. §8-6. Powers and duties of board of appeals. "(a) ...No such board shall be required to hear any application for the same variance or substantially the same variance for a period of six months after a decision by the board or by a court on an earlier such application...".
413 Charter Revision of 2011. See, C.G.S. §8-6. Powers and duties of board of appeals. "(b) Any variance granted by a zoning board of appeals shall run with the land and shall not be personal in nature to the person who applied for and received the variance. A variance shall not be extinguished solely because of the transfer of title to the property or the invalidity of any condition attached to the variance that would affect the transfer of the property from the person who initially applied for and received the variance."
414 Charter Revision of 2011. See, C.G.S. §8-5.
415 2011 modification of 1983 Charter § 13-3 (first sentence).
416 See, C.G.S. §8-5. Zoning board of appeals. Alternate members. (a) "...The regular members and alternate members of such zoning board of appeals shall be electors...".
417 Charter Revision of 2011. See, C.G.S. §8-5. Zoning board of appeals. Alternate members. "(a) In each municipality having a zoning commission there shall be a zoning board of appeals consisting of five regular members and three alternate members, unless otherwise provided by special act. Such alternate members, also referred to as "the panel of alternates", shall, when seated as herein provided, have all the powers and duties set forth in the general statutes relating to zoning boards of appeals and their members..."
418 2011 modification of 1983 Charter § 10-3; see also, C.G.S. §8-5(a) regarding selection of chair.
419 Charter Revision of 2011. See, C.G.S. §8-5. Zoning board of appeals. Alternate members. "(a)...Such board by vote of its regular members only shall elect a chairman from among its members, unless otherwise provided by special act, and all Meetings of such board shall be held at the call of the chairman and at such other times as the board determines and shall be open to the public. Such chairman or in his absence the acting chairman may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings showing the vote of each member and each alternate member when seated upon each question or, if absent or failing to vote, indicating such fact; and shall also keep records of its examinations and other official actions. Each rule or regulation and each amendment or repeal thereof and each order, requirement or decision of the board shall immediately be filed in the office of the board and shall be a public record".
420 Charter Revision of 2011. See, C.G.S. §8-5a. "Designation of alternate members to act. If a regular member of a zoning board of appeals is absent, he may designate an alternate from the panel of alternates to act in his place. If he fails to make such designation or if he is disqualified, the chairman of the board shall designate an alternate from such panel, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the Meeting". (1959, P.A. 146, S. 2; 1971, P.A. 763, S. 5.). History: 1971 act made no changes. Fact that minutes failed to show how or by whom alternates who participated in hearing were designated did not invalidate board's action. 150 C. 539. Cited. 219 C. 352. Cited. 33 CA 281.
421 2011 modification of 1983 Charter § 13-3 by deleting the following: "...a bare majority of the regular members of which and a bare majority of the alternate members of which may be from the same political party."
422 Charter Revision of 2011. See, C.G.S. §8-5. Zoning board of appeals. Alternate members. "(a) ...The regular members and alternate members of such zoning board of appeals... shall not be members of the zoning commission, any provision of any special act to the contrary notwithstanding..."
423 Charter Revision of 2011. See, C.G.S. §8-5. Zoning board of appeals. Alternate members. "a) ...Any vacancy in such board, including any vacancy in the panel of alternates, unless otherwise provided by ordinance or special act, shall be filled for the unexpired portion of the term, by the board of selectmen of towns or the chief executive officer of cities and boroughs...".
424 2022 recodification of Charter § 7-2.F.
425 2011 modification of 1983 Charter § 13-1.
426 2011 modification of 1983 Charter § 13-1 (fourth sentence): "(3) Such commission shall operate in accordance with the terms of the special act in existence prior to the effective date of this Charter and shall have all powers and duties, not inconsistent with this Charter, as prescribed in Chapters 124 and 126 of the General Statutes as amended". According to the town Attorney and Counsel to the commission there are no special acts. The commission operates strictly under Title 8 of the General Statutes.
427 The Code of Ordinances validates the charter provisions in §§33.56 and 33.57. These provisions will need to be amended following adoption of the charter. See also, § 8-4a. Zoning or planning commission may be designated as planning and zoning commission, as follows: "Any town, city or borough, unless otherwise provided by special act, may by ordinance or by vote of its legislative body designate its zoning Commission or its planning commission as the planning and zoning commission for such municipality, and such commission shall thereupon have all the powers and duties of both a planning commission and a zoning commission and shall supersede any previous planning commission or zoning commission, as the case may be. Such vote shall establish the number of members to comprise such planning and zoning commission, which number of members shall be five, six, seven, eight, nine or ten, not counting nonvoting members. In the establishment of a five-member planning and zoning commission, the provisions of § 8-19 shall apply. In the establishment of a planning and zoning commission with six or more members, the provisions of § 8-19 shall apply except that the terms of office shall be so arranged that not more than three of such terms on a six-member commission, four of such terms on a seven or an eight member commission, or five of such terms on a nine or ten-member commission shall expire in any one year. Any public hearing conducted by a planning and zoning commission with six or more members shall be held by the Commission or a committee thereof appointed for that purpose constituting a majority of the members of the commission. Any combined planning and zoning commission established under the general statutes prior to October 1, 1959, may continue to exist. Upon the establishment of a combined planning and zoning commission, all regulations adopted by the planning commission or the zoning commission which were in effect prior to the establishment of such combined commission shall continue in full force and effect until modified, repealed or superseded in accordance with the provisions of this chapter and chapter 126. A vacancy on such combined planning and zoning commission shall be filled in a manner prescribed by the legislative body of such municipality."
428 2011 modification of 1983 Charter § 13-1 (first sentence) by deleting the following language: "...subject to the provisions of § 5-5 of this Charter and may be removed for cause...". The proposed charter addresses the issue of removal for cause in §7-1. H.
429 2011 modification of 1983 Charter § 13-2 by deleting the following language: "...In addition to the members appointed in 13-1 of this Chapter, the Mayor shall appoint subject to the provisions of § 5-5 of this Charter and may remove for cause, three (3) alternate members of the Planning and Zoning Commission no more than two (2) of whom shall be from the same political party and who shall act as alternates at hearings before the Planning and Zoning Commission. Initially, the Mayor shall appoint one (1) alternate member for a term of one (1) year, one (1) alternate member for a term of two (2) years and one (1) alternate member for a term of three (3) years all to take office February 1, l966. Annually thereafter during the month of January, the Mayor shall appoint one (1) alternate member for a term of three (3) years". The proposed charter addresses the issue of removal for cause in §7-1. H.
430 Charter Revision of 2011. See, C.G.S. §8-5. Zoning board of appeals. Alternate members. "(a) In each municipality having a zoning commission there shall be a zoning board of appeals consisting of five regular members and three alternate members, unless otherwise provided by special act. Such alternate members, also referred to as "the panel of alternates", shall, when seated as herein provided, have all the powers and duties set forth in the general statutes relating to zoning boards of appeals and their members...".
431 2011 modification of 1983 Charter § 13-1 (first and second sentences).
432 2011 modification of 1983 Charter § 13-2 (first and second sentences).
433 2011 modification of 1983 Charter § 13-2 (third and fourth sentences).
434 2011 modification of 1983 Charter §§ 13-1 and 13-2 (first sentence) by deleting the following: "...no more than five (5) of whom (regular members) shall be from the same political party" and "...no more than two (2) of whom (alternate members) shall be from the same political party" and "...no more than two (2) of whom shall be from the same political party and act as alternates at hearings before the Planning and Zoning Commission".
435 2011 modification of 1983 Charter § 13-1 (third sentence), by deleting the following: "...no more than three (3) of whom, including the chairman, shall belong to the same political party" and stating that the Chair shall preside over both sections".
436 2022 recodification of Charter § 7-2.G.
437 2011 modification of 1983 Charter § 10-6.
438 See, C.G.S. § 29-266a. (Formerly § 19-402) entitled "Municipal board of appeals. Filing of appeals in absence of board of appeals)". See also, §29-266. (Formerly § 19-402) entitled "Municipal board of appeals. Filing of appeals in absence of board".
439 Charter Revision of 2011.
440 Charter Revision of 2011. See, C.G.S. §29-266(a), as follows: "...Such board shall consist of five members, all of whom shall meet the qualifications set forth in the State Building Code".
441 Charter Revision of 2011. See, C.G.S. §29-266(a), as follows: "...A member of a board of appeals of one municipality may also be a member of the board of appeals of another municipality."
442 Charter Revision of 2011.
443 2022 recodification of Charter § 7-2.H, which modified 1983 Charter § 17-5.
444 2011 modification of 1983 Charter § 17-5 (first sentence); see also, C.G.S. § 7-422 entitled "Personnel appeals board. Appeal to Superior Court".
445 In lieu of current language from 1983 Charter § 17-5 (fourth sentence), as follows: "They shall have the duty of hearing and determining appeals from any member of the Classified Service who is dismissed, demoted, suspended, fined or otherwise aggrieved as a result of the interpretation and application of the rules and regulations promulgated under this Chapter". See also, ORDINANCE § 17-5: PERSONNEL APPEALS BOARD. The Mayor shall appoint subject to the provisions of § 5-5 of this Charter and may remove for cause five (5) resident electors of the Town to serve as a Personnel Appeals Board. Initially the Mayor shall appoint one (1) member for a term of five (5) years, one (1) member for a term of four (4) years, one (1) member for a term of three (3) years, one (1) member for a term of two (2) years and one (1) member for a term of one (1) year, all to take office February 1, 1966. Annually thereafter, during the month of January, one (1) member shall be appointed for a term of five (5) years. They shall have the duty of hearing and determining appeals from any member of the Classified Service who is dismissed, demoted, suspended, fined or otherwise aggrieved as a result of the interpretation and application of the rules and regulations promulgated under this Chapter. They shall have such other duties and powers as may be prescribed by the Council."
446 See, C.G.S. § 7-422 entitled "Personnel appeals board. Appeal to Superior Court", as follows: "Said board shall hear and determine any grievance, as defined in such ordinance, of any employee or group of employees of such town, city or borough. It shall adopt rules of procedures which shall insure any aggrieved employee a prompt and fair hearing and an opportunity to be heard in person or by a representative of his choosing."
447 See, C.G.S. §7-422 entitled "Personnel appeals board. Appeal to Superior Court".
448 2011 modification of 1983 Charter § 17-5 (first sentence) by deleting the following language: "...The Mayor shall appoint subject to the provisions of §5-5 of this Charter and may remove for cause five (5) Electors of the Town to serve as a Personnel Appeals Board". The proposed charter addresses the issue of removal for cause in §7-1.H.
449 Charter Revision of 2011. See, C.G.S. §7-422, entitled "Personnel appeals board. Appeal to Superior Court", as follows: "...Any town, city or borough may, by ordinance, create a personnel appeals board which shall consist of five members who shall be electors of such municipality holding no salaried municipal office."
450 The following language from 1983 Charter § 17-5 was deleted: "Initially the Mayor shall appoint one (1) member for a term of five (5) years, one (1) member for a term of four (4) years, one (1) member for a term of three (3) years, one (1) member for a term of two (2) years and one (1) member for a term of one (1) year, all to take office February 1, l966. Annually thereafter, during the month of January, one (1) member shall be appointed for a term of five (5) years"...See also, C.G.S. § 7-422, entitled "Personnel appeals board. Appeal to Superior Court" which permits the ordinance to fix the "...term of office and method of election or appointment... The terms of office shall be arranged so that not more than one of such terms shall expire in any one year. Vacancies shall be filled for the unexpired portion of the term in the manner fixed in the ordinance."
451 1983 Charter § 17-5 (second and third sentences).
452 Charter Revision of 2011.
453 At the time of the consideration of the revised Charter, C.G.S. §7-422, entitled "Personnel appeals board. Appeal to Superior Court" states that "Not more than three members shall be members of the same political party."
454 Charter Revision of 2011.
455 See, C.G.S. §7-422, entitled "Personnel appeals board. Appeal to Superior Court" which states that "...Three members shall constitute a quorum..."
456 1983 Charter § 17-5 (fifth sentence).
457 Charter Revision of 2011.
458 See, C.G.S. § 7-422, entitled "Personnel appeals board. Appeal to Superior Court", as follows: "...The decision of said board may be appealed to the Superior Court within ninety calendar days from the date such board renders its decision..."
459 2022 recodification of Charter § 7-2.I. See., C.G.S. §11-30.
460 2011 modification of 1983 Charter § 14-1 (first and fourth sentences).
461 See, C.G.S. §§11-32 and 11-36.
462 2022 modification of 2011 Charter § 7-2.J and 1983 Charter § 14-1 (first sentence), by replacing the following: "(1) There shall be a Library Board of five (5) Electors... Initially the Mayor shall appoint one (l) member for a term of one (1) year, one (1) member shall be appointed for a term of two (2) years, one (1) member shall be appointed for a term of three (3) years, one (1) member shall be appointed for a term of four (4) years and one (1) member shall be appointed for a term of five (5) years, all to take office February 1, l966. Annually, thereafter, during the month of January, the Mayor shall appoint subject to the provisions of §5-5 of this Charter one (l) member for a term of five (5) years."
463 2022 modification of 1983 Charter § 14-1 (second and third sentences).
464 2022 modification of 1983 Charter § 14-1, by deleting the following: "...no more than three (3) of whom shall be members of the same political party."
465 2022 modification and recodification of the first sentence of Charter § 7-2.I which modified 1983 Charter § 14-1 (fifth sentences).
466 2022 modification of the second sentence of Charter § 7-2.I which modified 1983 Charter § 14-1 (sixth sentences).
467 2022 recodification of Charter § 7-2.J. Charter Revision of 2011. In accordance with C.G.S. §22a-42 entitled "Municipal regulation of wetlands and watercourses. Action by Commissioner."
468 2022 modification of current Ordinance §33.104.
469 NEW (2022).
470 NEW (2022).
471 At the time of the adoption of this Charter the pertinent provisions of the General Statutes are C.G.S. §§22a-36 through 22a-45.
472 NEW (2022).
473 NEW (2022).