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February 23, 2006 Addendum to Minutes (Preliminary Draft)
CHARTER REVISION COMMISSION WORK PRODUCT ONLY
DRAFT WORK THROUGH February 23, 2006
PRELIMINARY PREAMBLE, CHAPTERS 1-7, and 9

PRELIMINARY TABLE OF CONTENTS
Preliminary Preamble

Preliminary Chapter One – Information and General Powers
        Preliminary Section 1-1 Incorporation
        Preliminary Section 1-2 Rights and Obligations
        Preliminary Section 1-3 General Grant of Powers
        Preliminary Section 1-4 Existing Laws and Ordinances
Preliminary Section 1-5 Intergovernmental Relations


Preliminary Chapter Two – Elections
        Preliminary Section 2-1 General
        Preliminary Section 2-2 Minority Representation
        Preliminary Section 2-3 Voting District
        Preliminary Section 2-4 Breaking a Tie
        Preliminary Section 2-5 Eligibility
        Preliminary Section 2-6 Board for Admission of Electors

Preliminary Chapter Three – Elected Officers
        Preliminary Section 3-1 General Powers and Duties
        Preliminary Section 3-2 Elected Town Officers, Boards and Commissions
a.      First Selectman
b.      Board of Selectmen
c.      Board of Education
d.      Board of Assessment Appeals
e.      Zoning Board of Appeals
f.      Constables
g.      Board of Finance
Preliminary Section 3-3 Elected State Officers

Preliminary Chapter Four – Board of Selectmen
        Preliminary Section 4-1 Board of Selectmen
        Preliminary Section 4-2 Coordination
        Preliminary Section 4-3 The First Selectmen – Powers and Duties
        Preliminary Section 4-4 Compensation and Expenses
        Preliminary Section 4-5 Prohibitions
a.      Holding other office
b.      Appointments and Removals
c.      Interference with Administration
Preliminary Section 4-6 Town Counsel
Preliminary Section 4-7 Vacancies; Forfeiture of Office; Filing of Vacancies
Preliminary Section 4-8 Investigation
Preliminary Section 4-9 Procedure

Preliminary Chapter Five – Town Administrator
        Preliminary Section 5-1 Appointment
        Preliminary Section 5-2 Duties of Town Administrator

Preliminary Chapter Six – Town Departments and Offices
        Preliminary Section 6-1-Creation of Departments
        Preliminary Section 6-2 Direction by Town Administrator
        Preliminary Section 6-3 Director of Health (Or Regional Agent)
        Preliminary Section 6-4 Division of Public Works
A.      Director of Public Works/Town Engineer
B.      Division of Parks and Recreation
        Preliminary Section 6-5 Town Treasurer
        Preliminary Section 6-6 Tax Collector
        Preliminary Section 6-7 Assessor
        Preliminary Section 6-8 Town Clerk
        Preliminary Section 6-9 Director of Planning and Development
Preliminary Section 6-10 Department of Social Services
A.      Division of Social Services
B.      Division of Senior Services
Preliminary Section 6-11 Department of Public Safety
A.      Division of Police
B.      Division of Fire
C.      Emergency Medical Services
D.      Office of Emergency Management
Preliminary Section 6-12 Department of Libraries

Preliminary Chapter Seven – Boards, Authorities, Commissions and Associations
Preliminary Section 7-1 General Powers and Procedures, Records
Preliminary Section 7-2 Eligibility
Preliminary Section 7-3 Vacancies
Preliminary Section 7-4 Alternates
Preliminary Section 7-5 Appointed Boards and Commissions
Preliminary Section 7-6 Dissolution of Appointed Boards and Commissions
Preliminary Section 7-7 Creation of Permanent Boards and Commissions
Preliminary Section 7-8 Building Code Board of Appeals
Preliminary Section 7-9 Emergency Management Advisory Council
Preliminary Section 7-10 Conservation Commission/Inland Wetlands Agency
A.      Natural Resource Preservation Committee
Preliminary Section 7-11 Economic Development Commission
Preliminary Section 7-12 Elderly Commission
Preliminary Section 7-13 Ethics Commission
Preliminary Section 7-14 Housing Authority
Preliminary Section 7-15 Land Management Advisory Committee
Preliminary Section 7-16 Parks and Recreation Advisory Committee
Preliminary Section 7-17 Planning and Zoning Commission
Preliminary Section 7-18 Water Pollution Control Authority
Preliminary Section 7-19 Cemetery Association
Preliminary Section 7-20 Pension Board
Preliminary Section 7-21 Capital Improvement Plan Advisory Committee

Preliminary Chapter 8 – to be worked on

Preliminary Chapter 9 Town Employees
Preliminary Section 9-1 Personnel Regulations
Preliminary Section 9-2 Collective Bargaining
Preliminary Section 9-3 Exception

















        






Preliminary Preamble

We the people of the town of East Windsor, under the constitution and laws of the state of Connecticut, in order to secure the benefits of local self-government and to provide for an honest and accountable Board of Selectmen government do hereby adopt this charter and confer upon the town the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure.  By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation.
PRELIMINARY CHAPTER ONE
INFORMATION AND GENERAL POWERS


Preliminary Section 1-1 Incorporation
All the inhabitants dwelling within the territorial limits of the Town of East Windsor, as heretofore constituted, shall continue to be a body politic and corporate under the name of “Town of East Windsor” hereinafter called “Town” and as such shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by said Town and not inconsistent with the provisions of this Charter, the additional powers and privileges herein conferred and all powers and privileges conferred upon towns under the general law of the State of Connecticut, hereinafter referred to as “General Statutes.”


Preliminary Section 1-2 Rights and Obligations
All property, both real and personal, all rights of action and rights of every description and all securities and liens vested or inchoate in said Town, as of the effective date of this Charter, are continued in said Town and said Town shall continue to be liable for all debts and obligations of every kind. Nothing herein shall be construed to affect the rights of said Town to collect any assessment, charge, debt or lien. If any contract has been entered into by said Town prior to the effective date of this Charter, or any bond or undertaking has been given by or in favor of said Town which contains provisions that the same may be enforced by any commission, board, department or officer therein named, which is abolished by the provisions of this Charter, such contracts, bonds or undertakings shall be in no manner impaired, but shall continue in full force and effect and the powers conferred and duties imposed with reference to the same upon any commission, board, agency, department or officer shall, except as otherwise provided in this Charter, thereafter be exercised and discharged by the Board of Selectmen of said Town.

Preliminary Section 1-3 General Grant of Powers
In addition to all powers granted to towns under the Constitution and General Statutes, the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted, and all other powers incident to the management of the property, government and affairs of the Town, including the power to enter into contracts with the United States or any federal agency, the State of Connecticut or any political subdivision thereof, for services and the use of facilities, the exercise of which is not expressly forbidden by the Constitution and general law of the State of Connecticut. The enumeration of particular powers in this and any other chapter of this Charter shall not be construed as limiting this general grant of power, but shall be considered as an addition thereto.



Preliminary Section 1-4 Existing Laws and Ordinances
All general laws of the State of Connecticut applicable to the Town, and all ordinances and regulations of the Town, shall continue in full force and effect, except insofar as they are inconsistent with the provisions of this Charter. All special acts or parts thereof, relating to the Town of East Windsor, not inconsistent with the provisions of this Charter are repealed. The provisions of all special acts of the General Assembly relating to the Town of East Windsor which are not inconsistent with the provisions of this Charter are hereby retained.

Preliminary Section 1-5 Intergovernmental Relations
The Town shall continue to participate in such regional and interlocal agencies and programs as authorized by ordinances adopted pursuant to the applicable provisions of the General Statutes. Nothing in this Charter shall be construed as limiting the authority of the Town to continue such participation or join new regional programs as authorized by the General Statutes.
(Secretarial note for Commission reference:  formerly 7-16 in existing charter)

PRELIMINARY CHAPTER TWO
ELECTIONS

Preliminary Section 2-1 General

A.      Nomination and election of federal and state officers, including Registrars of Voters, and of such elective municipal officers, boards and commissions as are provided for in this Charter shall be conducted, and the Registrars of Voters shall prepare lists of electors qualified to vote, therefore, in the manner prescribed in the Constitution and general law of the State of Connecticut, except as hereinafter provided.

B.      The election of municipal officers shall be held on the first Tuesday after the first Monday of November in odd numbered years. The terms of all municipal officers shall commence on the fourteenth day following the municipal elections unless otherwise stated in this Charter, and they shall hold office until their successors have been chosen and qualified. Except as otherwise provided in this Charter, all elective Town officers, boards and commissions shall have the powers and duties prescribed by law.

****Commission work as of 10/27/05:  Legal Opinion to be obtained regarding what constitutes eligibility and if physical residence is required.



Preliminary Section 2-2  Minority Representation

Except where otherwise stated in this Charter, minority representation on any elective or appointive board, committee or similar body of the Town shall be determined in accordance with the following provision: Whether the total membership of the board is odd or even, not more than the bare majority shall be members of the same political party.

Preliminary Section 2-3 Voting District

Unless otherwise established by ordinance or state law, there shall be two voting districts in the Town. The Board of Selectmen shall provide a suitable polling place in each district. The Selectman, Town Clerk, Registrars of Voters, and all other officers of the Town shall perform the duties required of them by law with respect to elections in the voting districts. All action taken under the provisions of this section shall be in accordance with the General Statutes.

Preliminary Section 2-4 Breaking a Tie

When any regular, special municipal election, primary election or any referendum vote conducted pursuant to the provisions of this Charter results in a tie, the tie shall be broken in accordance with provisions of the General Statutes.

Preliminary Section 2-5 Eligibility

No person shall be eligible for election to any Town office, board, commission or similar body who is not at the time of their election an elector of said Town. Any person ceasing to be an elector of said Town, shall thereupon cease to hold such elective office in the Town.

Preliminary Section 2-6 Board for Admission of Electors

The Town Clerk, or any assistants, Registrars of Voters, or any Deputies shall constitute the Board for Admissions of Electors in accordance with the provisions of the Connecticut General Statutes §9-15a.   (Recording Secretarial note:  Commission needs to confirm statutory reference is correct.)

PRELIMINARY CHAPTER THREE
ELECTED OFFICERS

Preliminary Section 3-1 General Powers and Duties

A.      Except as otherwise provided in this Charter, all elected Town officers and members of the Board of Education shall have the powers and duties prescribed by law. Meetings shall be held in accordance with Roberts Rules of Order.

B.      Copies of all minutes taken by each board and commission, and the recorded vote of each member thereof on all issues, shall be filed with the Town Clerk and the First Selectman within the time specified in the General Statutes. The Town Clerk shall maintain files of such minutes which shall be public records.


Preliminary Section 3-2 Elected Town Officers, Boards and Commissions

At each Town election the following officers and members of boards and commissions shall be elected for terms of two years and until their successors have been elected and duly qualified, except as otherwise provided herein. All terms shall commence as stated in Section ____ of this Charter. A Chairperson, Secretary and such other officers as deemed appropriate by each elective board and commission shall be chosen biennially at a meeting held within thirty days of the commencement of terms of members elected at each regular biennial Town election.

A.      First Selectman - The term of office for the First Selectman shall be four years.

B.      Board of Selectmen - Six members of the Board of Selectmen, together with the First Selectman, shall constitute a seven-member Board of Selectmen. For purposes of minority representation, the First Selectman shall be considered a member of the Board of Selectmen.

C.      Board of Education - At each regular Town election there shall be elected a sufficient number of members to the Board of Education to maintain its number at nine for a term of four years each.

D.      Board of Assessment Appeals - At each regular Town election there shall be elected a sufficient number of members to the Board of Assessment Appeals to maintain its number at three for a term of four years each.

E.      Zoning Board of Appeals - At each regular Town election, there shall be elected a sufficient number of members to the Zoning Board of Appeals to maintain its number at five members and three alternates for a term of four years each.

F.      Constables - At each regular Town election there shall be elected a sufficient number of constables to maintain seven constables for a term of four years each. Recording Secretarial note:  Commission to determine if constables are necessary.

G.      Board of Finance – At each regular town election, there shall be elected a sufficient number of members to maintain its membership at six members and two alternates to serve for a term of four years each.  (PROVISION – R. LEBORIOUS ADDED 1/26/06)


Recording Secretarial note for Preliminary Section 3-2:  Board of Finance removed – but provisional chapter added on 1/26/06.
Police Commission removed need to name Town Administrator the Director of Public Safety.  Also appoint a Citizens Police Advisory Board -  See Public Safety Section to determine done.

Preliminary Section 3-3  Elected State Officers

A.      At the State election to be held in November 1994, and every four years thereafter, there shall be elected two Registrars of Voters, in accordance with Connecticut General Statutes §9-189a (Recording Secretarial note:  Commission needs to confirm statutory reference is correct.) for terms of four years. The term of office of the Registrars of Voters shall commence as stated in the General Statutes.

B.      At the state election to held in November, 1994, and every four years thereafter, there shall be elected a Judge of Probate for the Probate District of East Windsor, in accordance with the applicable provisions of the General Statutes, for a term of four years.


PRELIMINARY CHAPTER FOUR
BOARD OF SELECTMEN

Preliminary Section 4-1   Board of Selectmen

There shall be a Board of Selectmen. The Board of Selectmen shall be composed of the First Selectman, and six (6) members elected at-large. Except as otherwise provided in this charter, the legislative power of the town shall be vested in the Board of Selectmen.

The Board of Selectmen shall have the power to enact, amend or repeal ordinances and resolutions not inconsistent with this charter or the general statutes of the state providing for the preservation of good order, peace, health and safety of the town and its inhabitants; create or abolish by ordinance boards, commissions, departments or offices except those provided for in this charter.

***Reminder Note in the TOWN MEETING section, Commission wants to outline when the Board of Selectmen does not have to hold a town meeting, i.e., a simple ordinance – and also add language that allows people to appeal that decision and request a town meeting be held if the board of selectmen opt out of a town meeting.  This was discussed at the 12/12/05 meeting.

The Board of Selectmen may contract for service and the use of facilities of the United States or any federal agency, the State of Connecticut and any political sub-division thereof, or may, by agreement, join with such political subdivisions to provide services and facilities.

The Board of Selectmen shall consider and endorse a plan of development in accordance with general statutes.

The Board of Selectmen shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law.

The Board of Selectmen shall elect from among its members a Deputy First Selectman who shall act as First Selectman during the absence or disability of the First Selectman and, if a vacancy occurs, shall become First Selectman for the remainder of the unexpired term.


Preliminary Section 4-2  Coordination

The Board of Selectmen may, at its discretion, convene any or all town officials, boards, commissions or committees to review, plan or coordinate activities and operations of town government, and may require reports to be submitted to it from all appointed boards and commissions. At any such meeting the electors of the town may submit suggestions and criticisms for consideration by the appropriate official, board, commission or committee during a time set aside for public comment.



Preliminary Section 4-3 The First Selectman – Powers and Duties

The First Selectman shall be a voting member of the Board of Selectmen and shall attend and preside at meetings of the Board of Selectmen, represent the town in intergovernmental relationships, appoint with the advice and consent of the Board of Selectmen the members of citizen advisory boards and commissions, present an annual state of the town message, appoint the members and officers of Board of Selectmen committees, assign subject to the consent of Board of Selectmen agenda items to committees, and perform other duties specified by the Board of Selectmen.

The First Selectman shall be an ex-officio, non-voting member of all Town regular and special boards, commissions, committees, and agencies. The First Selectman may appoint another member of the Board of Selectmen to serve in his place as an ex-officio, non-voting member. Notification of such appointment shall in writing to the affected body.

The First Selectman shall be recognized as head of the town government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties.

Preliminary Section 4-4 Compensation and Expenses

A.      The annual salary of the First Selectman shall be determined by the annual town budget.  In addition the First Selectman shall received the actual and necessary expenses incurred in the performance of the duties of office.

B.      Other than the First Selectman, the Board of Selectmen shall receive no compensation, only their actual and necessary expenses incurred in the performance of the duties of office.

Preliminary Section 4-5 Prohibitions

A.      Holding Other Office.   No Board of Selectmen member shall hold any other elected public office during the term for which the member was elected to the Board of Selectmen.  No Board of Selectmen member shall hold any town office or town employment during the term for which the member was elected to the Board of Selectmen, except as provided in Section ____.  No former Board of Selectmen member shall hold any compensated appointive office or employment with the town until one year after the expiration of the term for which the member was elected to the Board of Selectmen.   Nothing in this section shall be construed to prohibit any current or former Board of Selectmen member to represent the town on the governing board of any regional, other intergovernmental agency or organization.   
B.      Appointments and Removals.  Neither the Board of Selectmen nor any of its members shall in any manner control or demand the appointment or removal of any town administrative officer or employee who serves under the supervision of another town employee but the Board of Selectmen may express its views and fully and freely discuss with the supervising employee anything pertaining to appointment and removal of such officers and employees.

C.      Interference with Administration.  Except for the purpose of inquiries, and investigations under Section _____, the Board of Selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of other town employees solely through the supervising town employee and neither the Board of Selectmen nor its members shall give orders to any such officer or employee, either publicly or privately.
                
****Recording Secretarial Note: Rich LeBorious to clarify Town Manager reporting.


Preliminary Section 4-6 Town Counsel

A.      The Town Counsel shall be an Attorney at Law admitted to practice in the State of Connecticut and shall be retained by the Board of Selectmen.

B.      The Town Counsel shall upon request from the Board of Selectmen, appear for and protect the rights of the Town in actions, suits or procedures brought against it or any of its departments, officials, boards, commissions or other agencies of the Town.

C.      The Town Counsel shall be the legal advisor of the Board of Selectmen, and all Town officials, boards, commissions or other agencies of the Town, in all matters affecting the Town and shall, upon request from the First Selectman, The Town Administrator or from the Chairman of any of said boards, commissions or other agencies of the Town, furnish a written opinion on any question of law involving their respective powers, duties and responsibilities.

D.      Upon request, the Town Counsel shall prepare or approve forms, contracts or other instruments to which the Town is a party or in which it has an interest.

E.      The Town Counsel shall have the power, with the approval of the Board of Selectmen, to appeal orders, decisions and judgments and, subject to the approval of said Board of Selectmen, to compromise and settle any claims by or against the Town.

F.      If, in special circumstances, or for investigation purposes, the Board of Selectmen deem it advisable, they may provide for the temporary employment of counsel other than or in addition to the Town Counsel.

G.      The Town Counsel shall act upon those matters to come before a Special Town Meeting as stated in Section ____________ of this Charter.

***At the 11/14/05 meeting it was the consensus that this section should be under the board of selectmen section – previously it was under f/k/a “appointed official” section.  BUT at 1/26/06 discussed again – WHERE DOES TOWN COUNSEL SECTION NEED TO BE INCORPORATED?  

Recording Secretarial note:  Do we need to incorporate the language that town departments need to get approval of administrator before consulting attorney – does that apply to chairman of boards and commissions as well?

Preliminary Section 4-7  Vacancies; Forfeiture of Office; Filing of Vacancies

A.      Vacancies. The office of a Board of Selectmen member shall become vacant upon the member’s death, resignation, or removal from office or forfeiture of office in any manner authorized by law.

B.      Forfeiture of Office (Recording Secretarial note:  RICH LEBORIOUS TO INVESTIGATE POLICIES OF SURROUNDING TOWNS)

C.      Filling of Vacancies.  A vacancy in the Board of Selectmen shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty days upon the occurrence of the vacancy, but the Board of Selectmen by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office.  If the Board of Selectmen fails to do so within 30 sixty (60) days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than ninety days and not later than 120 days following the occurrence of the vacancy and to be otherwise governed by law.        
(Recording Secretarial note:  COMMISSION NEEDS TO REVIEW THIS SECTION WITH CURRENT STATUTE PARAMETERS)

Preliminary Section 4-8  Investigations

The Board of Selectmen may make investigations into the affairs of the town and the conduct of any town department, office, or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence.  

Preliminary Section 4-9  Procedure

A.      Meetings.  The Board of Selectmen shall meet regularly at least once in every month at such times and places as the Board of Selectmen may prescribe by rule.  Special meetings may be held on the call of the First Selectman or of two or more members, upon no less than twenty-four hours notice to each member and the town clerk.  Except as allowed by state law, all meetings shall be public. It shall determine its own rules of procedure. The presence of four members shall constitute a quorum.  However, no motion, ordinance, resolution or otherwise, except to adjourn or to fix the time and place of its meeting, shall be adopted by less than four affirmative votes.

B.      Rules and Minutes.  The Board of Selectmen shall determine its own rules and order of business and shall provide for keeping minutes of its proceedings in accordance with state law regarding public records.  A period for public comment shall be included in each regular meeting of the Board of Selectmen.

C.      Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the minutes.  Four members of the Board of Selectmen shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rule of the Board of Selectmen.


PRELIMINARY CHAPTER FIVE
TOWN ADMINISTRATOR

Preliminary Section 5-1  Appointment

The Board of Selectmen shall appoint for an indefinite term, and may remove by majority vote, a Town Administrator, who shall be the chief executive officer and shall be chosen exclusively on the basis of education, administrative qualifications, character and experience. The Board of Selectmen shall establish the job description and qualifications for the Town Administrator.

The Board of Selectmen may appoint an interim Town Administrator during the absence, disability or resignation of the administrator. Said interim administrator may be an elected town official who may serve as interim Town Administrator until such time as a new Town Administrator is appointed for a period no longer than six (6) months.  The Board of Selectmen may extend the interim appointment for three (3) months if needed.   The provisions of  Section ____ of this Charter notwithstanding, the appointee may be currently a town official or a former official whose term expired less than one year prior to this appointment. The Board of Selectmen shall determine the compensation for the Town Administrator, or any interim Town Administrator.      
        
Preliminary Section 5-2  Duties of Town Administrator   

The Town Administrator shall be directly responsible to the Board of Selectmen for the administration of all offices and agencies.  The Town Administrator shall appoint, supervise and direct all town employees except those appointed by the Board of Education and the Board of Selectman or other elected officials.

The Town Administrator shall be the purchasing agent of the town subject to such rules and regulations as shall be prescribed by the Board of Selectmen. The Town Administrator shall purchase all supplies, materials, equipment and other commodities required by any office or agency of the town except the Board of Education.

The Town Administrator shall keep full and complete records of his office and shall make periodic reports to the Board of Selectmen and attend its meetings with full right of participation in its discussions, and shall recommend to the Board of Selectmen such measures as may be deemed necessary or expedient.

The Town Administrator shall keep or cause to be kept complete books of account showing the financial condition and financial transactions of the town, including accounts of all funds and appropriations, and such other accounts and records, not specifically required by law to be kept by other officers, as may be prescribed by the Board of Selectmen. The Town Administrator shall keep the Board of Selectmen fully advised as to the financial condition of the town.
The Town Administrator shall prepare and submit to the Board of Selectmen an annual budget and exercise such other powers and duties as may be imposed on him by the Board of Selectmen.

The Town Administrator shall prepare and cause to be printed, as soon as possible after the close of the fiscal year, an annual town report.

Except as otherwise provided in this Charter, neither the town meeting nor the Board of Selectmen shall diminish by ordinance, vote or otherwise the powers and duties of the Town Administrator, except those powers and duties imposed on the Town Administrator by the direction of the Board of Selectmen under the provisions of this section.  The Town Administrator shall exercise the authority and perform all the duties of the Town Administrator except as otherwise specifically provided in this Charter.
                       
ADDITIONAL LANGUAGE – ADDED 1/26/06 BY LEBORIOUS
The Town Administrator shall appoint all department heads and other officers and employees of the Town except as otherwise specifically provided by this Charter and except employees in the offices of elected officers and boards appointed by the Board of Selectmen.  In lieu of any appointment by the Town Administrator or any of the Town Administrator’s appointees to any office under his jurisdiction, the Town Administrator, subject to the approval of the Board of Selectmen, may perform the duties of any office under the Town Administrator’s jurisdiction except those of Town Treasurer, provided in case the Town Treasurer is absent or unable to act, the Town Administrator may countersign checks in accordance with the provisions of this Charter.  The Town Administrator may designate one of the Town Administrator’s appointees to serve as acting Town Administrator during the Town Administrator’s absence.

PRELIMINARY CHAPTER SIX
TOWN DEPARTMENTS AND OFFICES
(**renamed:  f/k/a Appointed Officials)


Preliminary Section 6-1 Creation of Departments

The Board of Selectmen may establish town departments, offices, or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies.  No function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically provides, assigned to any other.

Preliminary Section 6-2 Direction by Town Administrator

All departments, offices, and agencies under the direction and supervision of the Town  Administrator shall be administered by an officer appointed by and subject to the direction and supervision of the Town Administrator.  With the consent of the Board of Selectmen, the Town Administrator may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

Preliminary Section 6-3 Director of Health (or Regional Agency)
The Director of Health shall have the powers and duties consistent with this Charter, conferred by the General Statutes on such officer.  The duties of the Director of Health may be performed by a regional agency.

Preliminary Section 6-4 Division of Public Works
A.      Public Works/Town Engineer
The Director of Public Works/Town Engineer shall be a registered professional engineer admitted to practice in the Sate of Connecticut and shall be appointed by the Town Administrator.  The Director of Public Works/Town Engineer shall have such duties as prescribed by the Town Administrator.  The Director of Public Works shall also serve as the Town Engineer.
B.      Division of Recreation
The Department shall have supervision and control of all parks and grounds used for park purposes belonging to the town, and of building, structures, apparatus and equipment used in connection therewith and shall have such powers and duties as the Board of Selectmen may prescribe.  
The Director of Parks and Recreation shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Director of Parks and Recreation may appoint and may remove all Assistant Directors of  Parks and Recreation and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Director of Parks and Recreation shall report to the Town Administrator.


Preliminary Section 6-5 Town Treasurer

The Town Administrator shall appoint a Town Treasurer who shall be qualified by training, experience, education and professional certification.  

The Town Treasurer shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Town Treasurer may appoint and may remove all Assistant Town Treasurers and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Town Treasurer shall report to the Town Administrator.

Preliminary Section 6-6 Tax Collector

The Town Administrator shall appoint a Tax Collector who shall be qualified by training, experience, education and professional certification.  

The Tax Collector shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Tax Collector may appoint and may remove all Assistant Tax Collectors and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Tax Collector shall report to the Town Administrator.

Preliminary Section 6-7 Assessor

The Town Administrator shall appoint an Assessor who shall be qualified by training, experience, education and professional certification.  

The Assessor shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Assessor may appoint and may remove all Assistant Assessors and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Assessor shall report to the Town Administrator.


Preliminary Section 6-8 Town Clerk
The Town Administrator shall appoint a Town Clerk who shall be qualified by training, experience, education and professional certification.  

The Town Clerk shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Town Clerk may appoint and may remove all Assistant Town Clerks and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Town Clerk shall report to the Town Administrator.

Preliminary Section 6-9 Director of Planning and Development
The Town Administrator shall appoint a Director of Planning and Development who shall be qualified by training, experience, education and professional certification.  

The Director of Planning and Development shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Director of Planning and Development may appoint and may remove all Assistant Directors of Planning and Development and/or Enforcement Officers and/or  Building Inspectors (*cdc added bold)  and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Director of Planning and Development shall report to the Town Administrator.

Preliminary Section 6-10 Department of Social Services

A.      Division of Social Services

The Town Administrator shall appoint a Director of Social Services who shall be qualified by training, experience, education and professional certification.  

The Director of Social Services shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Director of Social Services may appoint and may remove all Assistant Directors of Social Services and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Director of Social Services shall report to the Town Administrator.

B.      Division of Senior Services
The Town Administrator shall appoint a Director of Senior Services who shall be qualified by training, experience, education and professional certification.  

The Director of Senior Services shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Director of Senior Services may appoint and may remove all Assistant Directors of Senior Services and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Director of Senior Services shall report to the Town Administrator.

PRELIMINARY SECTION 6-11  DEPARTMENT OF PUBLIC SAFETY
The Department of Public Safety shall have supervision and control of the Division of Police and the Division of Fire.  Except as provided in Chapter ____ of this Charter, the Town Administrator shall appoint and may remove a Director of Public Safety who shall be responsible for the efficiency, discipline and good conduct of the Department.  Said Director, or with the Director’s approval, the appropriate division head in said department, in accordance with such rules and regulations as may be adopted pursuant to the merit system provisions of this Charter, shall appoint and may remove such assistants and employees as are authorized within said department.  The Director of Public Safety shall be the traffic authority as defined in the General Statutes.  Said Director shall appoint and also may remove the Animal Control Officer.  The Town Administrator may serve as the Director of Public Safety.

A.      DIVISION OF POLICE
There shall be a Division of Police consisting of the Chief of Police and such other officers and employees as such ranks and grads as the Board of Selectmen may determine.  The Division of Police shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, regulation of traffic, protection of rights of persons and property and enforcement of the laws of the state and the ordinances of the Town and all rules and regulations made in accordance therewith.  All members of the Division of Police shall have the same powers and duties with respect to the service of criminal process and enforcement of criminal laws as are vested in police officers by general statutes.  The appointment and removal of the Chief of Police shall be subject to the provisions of this Charter and of the General Statutes as revised.  The Chief of Police shall be the Executive Officer of the Division of Police.   The Chief of Police shall assign all members of the division to their respective posts, shifts, details and duties.  The Chief of Police shall be responsible for the care and custody of all property used by the division and for the efficiency, discipline and good conduct of its members.  The Chief of Police shall make rules for operation of the division and the conduct of the police work, subject to the approval of the Director of Public Safety.  The violation of these rules by any member of the Division shall be punishable by appropriate disciplinary action which may include loss of pay, suspension from duty and removal, provided that no member of the division shall be suspended by the Chief for more than ten (10) days without approval of the Director of Public Safety and no suspension form more than thirty (30 ) days or removal shall be made except in accordance with the provisions relating to the merit system.  No officer or member of the Division of Police shall be a member of any political committee or delegate to any political convention.  No officers shall solicit any person to vote at any political primary or election nor shall any officer challenge or in any manner attempt to influence a voter threat.  Violation of any provision of this section shall be cause for dismissal or suspension.
B.      DIVISION OF FIRE
It is the intent of this Charter that fire protection shall continue to be provided by the volunteer companies heretofore established in the organization and conduct of which no change is contemplated.  The Town, however, by this Charter, reserves the right to establish additional volunteer companies.  Assumption of Fire protection service – if the interest of the Town shall so require the Board of Selectmen may enter into agreement with any fire district, prior to the elimination of said district, whereby the fire protection services of said district, or any other service or functions thereof, shall be assumed by the town, in which event the provisions of this charter with respect to such service shall take effect in the same manner as though said fire district or districts were eliminated.
C.      EMERGENCY MEDICAL SERVICES
It is the intent of this Charter that Emergency Medical Services be under the purview of the Director of Public Safety and these services are allowed to be contracted.
D.      OFFICE OF EMERGENCY MANAGEMENT
The Director of Emergency Management shall prepare regulations in accordance with Connecticut General Statutes and/or the Department of Homeland Security with the advice of the Emergency Management Advisory Committee and subject to the approval by the Board of Selectmen.  

PRELIMINARY SECTION 6-12 DEPARTMENT OF LIBRARIESThe Town Administrator shall appoint a Director of Library Services who shall be qualified by training, experience, education and professional certification.    

The Director of Library Services shall have all the powers and duties conferred by the Connecticut General Statutes and such powers and duties, consistent with this Charter, as may be prescribed by the Town Administrator.  The Director of Library Services may appoint and may remove all Assistant Directors of Library Services and other employees subject to the approval of the Town Administrator and subject to such rules and regulations covering Town employees.  The Director of Library Services shall report to the Town Administrator, although the Director shall solicit the advice of the Library Board on major policy making decisions.
PRELIMINARY CHAPTER SEVEN
BOARDS, AUTHORITIES, COMMISSIONS AND ASSOCIATIONS


Preliminary Section 7-1 General Powers and Procedures, Records

A.      Except as otherwise provided in this Charter, all appointed boards, commissions and similar bodies shall have the powers and duties prescribed by law and ordinance.
B.      All boards shall establish procedures for the conduct of their meetings. However, meetings shall be held in accordance with Roberts Rules of Order.
C.      Copies of all minutes taken by each board shall include attendance of members and alternates, the recorded vote of each member thereof on all issues and shall be filed with the Town Clerk and the First Selectman within the time specified in the General Statutes. The Town Clerk shall maintain files of such minutes which shall be public record.
D.      All boards and commissions shall elect their own chairperson.
E.      A quorum for a board or commission shall consist of a bare majority.
F.      Any request for legal opinion should be processed through the Town Administrator.

Preliminary Section 7-2 Eligibility

No person shall be eligible for election to any Town office, board, commission or similar body who is not at the time of their election an elector of said Town. Any person ceasing to be an elector of said Town, shall thereupon cease to hold such elective office in the Town.

**To be looked at by Town Attorney

Preliminary Section 7-3 Vacancies
Any vacancy in any appointive board, commission or similar body from whatever cause arising, shall be filled by the Board of Selectmen, pursuant to Section ____ of this Charter. Persons appointed to fill such vacancies shall serve for the unexpired portion of the term vacated.

Preliminary Section 7-4 Alternates
If a regular member of any Board and/or Commission is absent or disqualified, the Chairman of the Board and/or Commission shall designate an alternate to so act, choosing an alternate 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.

Preliminary Section 7-5 Appointed Boards and Commissions
There shall be permanent Town boards and commissions created by ordinance and appointed by the Board of Selectmen.  Members of which are to be appointed by the Board of Selectmen. Such special boards and commissions may, from time to time, be created by the Board of Selectmen in accordance with Section ______ of this Charter. All members of such boards and commission shall serve without compensation, except for the reimbursement of necessary expenses, as authorized by the Board of Selectmen, or as otherwise provided by law, until their successors have been appointed and qualified. Such boards and commissions shall, except as otherwise provided in this Charter, have the powers and duties as are conferred or imposed by the General Statutes upon their respective offices. Such boards and commissions as are existing at the effective date of this Charter, and which are not abolished or merged with other boards and which are re-established by the provisions herein, shall continue, and members of said boards shall fulfill their existing terms until such terms expire and new appointments are made in accordance with this Charter.

Preliminary Section 7-6 Dissolution of Appointed Boards and Commissions
No permanent appointive board, commission or similar body shall be abolished except upon the affirmative vote of the Board of Selectmen. Such dissolution shall not become effective until thirty days after such action.  Said action shall not apply to said Boards and Commissions outlined within the Charter

Preliminary Section 7-7 Creation of Permanent Boards and Commissions
There shall be such additional appointive boards and commissions resulting from an affirmative vote of the Board of Selectmen, or as determined by ordinance or resolution, as may be appropriate from time to time.

Preliminary Section 7-8 Building Code Board of Appeals
There shall be a Building Code Board of Appeals which shall consist of five (5) members, appointed by the Board of Selectmen, who shall serve for four (4) years.

This Board shall have the duties and terms in accordance with the ordinance establishing this Board.

Preliminary Section 7-9 Emergency Management Advisory Council
There shall be an established Emergency Management Advisory Council pursuant to General Statutes.   This Advisory Counsel shall consist of six (6) voting members and a non-voting Director, all serving a four (4) year term, all appointed by the First Selectman.   

Advisory Counsel membership shall include representatives from local business, labor and agricultural groups.  The Advisory Council shall have those powers and duties in accordance with the ordinance establishing this Advisory Council.

Preliminary Section 7-10 Conservation Commission/Inland Wetlands Agency

There shall be a Conservation Commission which shall consist of seven (7)members, plus three (3) alternates, who shall all serve for terms of four (4)years.

The Conservation Commission is designated as the Inland Wetlands & Watercourse Agency of the Town. Said Commission shall have duties and terms in accordance with the General Statutes and the ordinance establishing this Commission.

A.      Natural Resources Preservation Committee
What language to add for the conservation portion of the Commission to be handled by this subcommittee – but report to the Commission.???


Preliminary Section 7-11 Economic Development Commission
There shall be an Economic Development Commission which shall consist of seven (7) members, appointed by the Board of Selectmen, who shall serve for terms of four (4) years.

The Commission shall assist in bringing business and industries into Town, as well as the improvement of existing business and industry. Said commission shall have duties and terms in accordance with the ordinance establishing this commission.

Preliminary Section 7-12 Elderly Commission
There shall be an Elderly Commission which shall consist of five (5) members, appointed by the Board of Selectmen, who shall serve for terms of four (4) years and shall have duties and terms in accordance with the ordinance establishing this commission.

Preliminary Section 7-13 Ethics Commission

There shall be an Ethics Commission which shall consist of five (5) members, appointed by the Board of Selectmen, who shall serve terms of four (4) years.

The Ethics Commission shall have those powers and duties set forth in accordance with the  ordinance establishing this commission

Preliminary Section 7-14 Housing Authority
There shall be a  Housing Authority which shall consist of five (5) members appointed by the Board of Selectmen, who shall serve for a term of five (5) years.

The Housing Authority shall have those powers and duties set forth in accordance with the  ordinance establishing this agency.

Preliminary Section 7-15 Land Management Advisory Committee
There shall be a Land Management Advisory Commission which shall consist of three (3) members, appointed by the Board of Selectmen, who shall serve for a term of four (4) years.

This Advisory Committee shall have those powers and duties set forth in accordance with the with State Statutes.

Preliminary Section 7-16 Parks and Recreation Advisory Committee

There shall be a Parks and Recreation Advisory Committee shall consist of five (5) members, appointed by the Board of Selectmen, who shall serve for terms of four (4) years.

The Parks and Recreation Advisory Committee shall have duties and terms in accordance with the ordinance establishing this Committee. The Commission shall provide for the maintenance of town parks, playgrounds, baths, swimming pools, gymnasiums, recreation places and public gardens.  

Preliminary Section 7-17 Planning and Zoning Commission
There shall be a Planning and Zoning Commission which shall consist of five (5) members, plus three alternates, appointed by the Board of Selectmen, who shall all serve terms of four (4) years.

The Planning and Zoning Commission shall have duties set forth in accordance with the ordinance establishing this Commission.  No more than two alternate members shall be registered to the same political party and no alternate may be a member of the Zoning Board of Appeals.

Preliminary Section 7-18 Water Pollution Control Authority
There shall be a Water Pollution Control Authority which shall consist of five (5) members plus two (2) alternates, appointed by the Board of Selectmen, who shall serve terms of four (4) years.

The Water Pollution Control Authority shall have duties set forth in accordance with the ordinance establishing this Authority.

Preliminary Section 7-19 Cemetery Association
It is the intent of this Charter that the Town cemeteries of the Town of East Windsor shall be maintained by the East Windsor Cemetery Association, Inc.

Preliminary Section 7-20 Pension Board
There shall be a Pension Board consisting of five (5) members appointed by the Board of Selectmen and two (2) alternates, whose term shall be four (4) years.

The Pension Plan Administrator shall be the Town Treasurer.  Vacancies shall be filled by the Board of Selectmen

Preliminary Section 7-21 Capital Improvement Plan Advisory Committee
Annually, no later than August first, the Board of Selectmen shall appoint a Capital Improvement Plan Advisory Committee, consisting of no fewer than six (6) and no more than nine (9) members.

This Committee shall advise the Board of Selectmen regarding capital expenditures for the upcoming fiscal year and for a period of four fiscal years thereafter. The Capital Improvement Plan Advisory Committee shall gather information from Town departments and the Board of Education by September fifteenth of each year and shall submit its recommendations for capital improvements to the Board of Selectmen no later than November first of each year.

        **Recording secretarial note:  do these dates change if the budget dates change????



PRELIMINARY CHAPTER NINE
TOWN EMPLOYEES


Preliminary Section 9-1 Personnel Regulations
The Board of Selectmen shall adopt personnel regulations for all non-union, appointed employees and elected officials. These regulations shall provide, among other things, for the method of holding competitive examinations, probationary periods of employment, hours of work, vacations, sick leave and other leave absences, removals and such other rules and regulations as may be necessary to provide adequate and systematic procedure for the administration of the personnel affairs of the Town. Copies of such rules and regulations and any amendments shall be available to all non-union, appointed employees and elected officials of the Town.
        
Preliminary Section 9-2 Collective Bargaining

The Town Administrator is responsible for negotiating collective bargaining agreements of all employment contracts and must receive approval by the Board of Selectmen.  The Town Administrator shall represent the municipal employer in collective bargaining with employee organizations and shall have such authority as is consistent with the General Statutes. If the Board of Selectmen deems it necessary, a professional negotiator may be retained.

Preliminary Section 9-3 Exception
All of the above provisions of this Chapter shall not apply to the Board of Education