A. Appointment495. Except as otherwise provided by law or the provisions of this Charter, all Department Heads and other Mayoral appointees shall be appointed by and subject to the authority of the Mayor, following approval by the Legislative Council. The terms of the Department Heads established by Charter are set forth in each applicable section. The terms of Department Heads and other Mayoral appointees established by Ordinance or otherwise shall be coterminous with that of the appointing Mayor unless otherwise set forth by agreement of the Mayor and the Legislative Council by Ordinance (for Departments not set forth in this Charter), by employment contract (as set forth in § 8-2.C of this Charter) or both.
(1) Vacancy. In the event of a Vacancy in the office of any Department Head or other Mayoral appointee, a successor may be appointed as set forth in § 8-2.A of this Charter.
(2) Full-time Service. The general rule is that all Department Heads and Mayoral appointees shall devote full time to the duties of office; subject to modification by Ordinance or adoption of the budget, following a written determination by either the Mayor or the Legislative Council that full-time service is not required.
C. Employment Contracts. Except for employees of the Mayor's office and the Legal Department (unless otherwise required by law) and notwithstanding the provisions of § 8-2 of this Charter, the Mayor may, with the approval of the Council, enter into an employment contract with a Department Head or Mayoral appointee not covered by the provisions of the Merit System
496. Such contracts shall be subject to the following provisions:
(1) The term of the contract shall not exceed three (3) years, provided that any such contract shall include an initial ninety (90) day probationary period497. Moreover, the contract term shall not extend more than twelve (12) months following the commencement of the term of office following that of the appointing Mayor.
(2) The contract may extend for said period, only if recommended by the Mayor and approved by a two-thirds (2/3rds) vote of the Council present and voting498.
(3) Notwithstanding the provisions of § 3-10 of this Charter, the Mayor may remove the contract employee at any time. However, the contract shall contain a provision that would provide the employee with a sole remedy in the event such employee is removed without cause; which provision shall not apply in the event the employee is removed for cause or within the first ninety (90) days of such contract499.
(4) In the event the Mayor announces an intention not to run for re-election or following September 1 of the year in which there is a Mayoral election, whichever is earlier, the Mayor shall not recommend nor shall the Council act upon an employment contract under this provision.
The Mayor may instruct the Personnel Director to prepare job descriptions, conduct searches, interviews and examinations for any position to be filled under this section500.
D. Effect of Charter on Department Heads501. Unless otherwise terminated pursuant to law, the status of Department Heads holding office subject to appointment on the effective date of this Charter shall continue until the end of their term. Thereafter, the provisions of this Charter shall apply.
E. Authority of Department Heads502. Once appointed as described in this Charter, the Department Head shall appoint, hire, discipline and remove all deputies, assistants and other employees of the Department as provided for in the budget and subject to (1) the authority of the Mayor or designee; (2) any specific provisions of this Charter or law pertaining to the authority of the Department Head and the relationship with a governing Board or Commission; (3) the rules and regulations of the Civil Service Commission; and, (4) any applicable collective bargaining agreements. This provision shall not apply to Mayoral appointees assigned to a particular department.
F. Qualifications of Department Heads503. The job qualifications of all Department Heads, in addition to those enumerated in this Charter, by the General Statutes or Special Act shall be established by Ordinance following the recommendation of the human resources or personnel director or as may otherwise be designated by Ordinance. Said job qualifications shall be prepared in accordance with nationally accepted professional standards and best practices in the applicable field and shall be reviewed and updated, if necessary, every four (4) years and whenever a Vacancy occurs in the position.
G. Compensation504. The salaries and compensation of all Officials, Department Heads and employees of the Town shall be set by Ordinance or through the budget, except where otherwise fixed by the General Assembly or as otherwise covered by the Merit System and civil service rules, collective bargaining agreement(s) or contract.
H. Residency505. The Legislative Council may, in its discretion, establish by Ordinance a residency requirement or compensation benefit for residency in the Town for all Department Heads, to the extent permitted by law and subject to the provisions of applicable collective bargaining agreements.
I. Liability506. Any Public Official, any employee of any Department or member of any Board or Commission of the Town who shall, in order to provide for the payment of any bill, account or claim against the Town, knowingly instruct, or vote to instruct, or in any manner cause, the Director of Finance to draw upon any specific item of the appropriations as made by the Legislative Council other than the item against which such bill, account or claim is properly and legally chargeable, shall be personally liable to the Town for the amount of such bill, account or claim.
J. Surety Bonds of Certain Town Officials507. The following employees of the Town, shall severally give bonds, with surety, to said Town in such manner and form as the General Statutes or Ordinances shall prescribe, for the faithful performance of the duties of their respective offices: the Director of Finance, Purchasing Agent, Tax Collector, and any and all Public Officials and employees of said Town in any Department thereof, charged with the custody and control of property, monies, or goods of said Town, or the collection or disbursement of the same, as determined by the Director of Finance or otherwise required by the General Statutes, this Charter or Ordinance. The premiums for said bonds shall be paid by the Town.
All bonds, except that of the Director of Finance, shall be set by and lodged with the Director of Finance of said Town. The Director of Finance's bond shall be set by and lodged with the Mayor. In case of the refusal or neglect of any Official or employee to give the bond so required, such office shall be deemed Vacant by reason of such refusal or neglect, and, on a declaration being made to the Legislative Council by the Director of Finance to that effect, such Vacancy shall be filled in the manner provided by this Charter.
K. Position Titles508. The position titles of the Department Heads set forth in this Charter reflect the title at the time of the adoption of this Charter. Titles may be changed; however, the functions and fiduciary obligations specifically set forth in this Charter shall not be altered.
L. Reporting Obligations. Commencing on the fifteenth (15th) day of January 2023 and the fifteenth (15th) day of every month thereafter, Department Heads reports pertaining to overtime expenditures for the prior completed month and the reasons and legal authority for said overtime shall be filed with the Legislative Council and Finance Commission by the Director of Finance.
494 Charter Revision of 2011.
495 Charter Revision of 2011.
496 Consistent with 1983 Charter § 17-3 (first sentence) "...the provisions of the Merit System" replaces "...not covered by the merit provisions of this Charter".
497 2011 modification of 1983 Charter § 17-3 (end of first sentence), as follows: "shall" replaces "may".
498 1983 Charter § 17-3 (third sentence). Also repealed the following language: "...beyond the end of the current term of the Council and Mayor".
499 2011 modification of 1983 Charter § 17-3 (second sentence); with the exception of the following: "however, in the event of removal without cause, the Town shall remain bound to fulfill all financial commitments contained in such employment contract, unless such removal without cause shall take place within the first ninety (90) days of such contract".
500 1983 Charter § 17-3 (fourth sentence).
501 Charter Revision of 2011.
502 Charter Revision of 2011.
503 Charter Revision of 2011.
504 Charter Revision of 2011.
505 Charter Revision of 2011.
506 Charter Revision of 2011.
507 2011 modification of 1983 Charter § 15-4 i; in lieu of the following language: "...to purchase at the expense of the Town, surety bonds for all Officials and employees of the Town required by Law or by Ordinance to furnish bonds to the Town, and insurance of such types against liability, loss or damage on the part of the Town or its property with approval of the Mayor, and be responsible for collection of insurance benefits and other matters relating to the administration of the Town's insurance".
508 Charter Revision of 2011.