The Council shall consist of the Mayor and eight members who
shall be elected from the Town at large at each regular Town election
for terms of two years as provided herein.
The Council shall be the governing and legislative body of the
Town and shall have, exercise and perform all the rights, powers,
duties and obligations which are conferred by law or may hereafter
be conferred by the Connecticut General Statutes. The Council shall
adopt the budget and fix the tax rate except as otherwise provided
in this Charter. It shall further have the power to make, alter and
repeal ordinances or resolutions not inconsistent with this Charter
and the general laws of the State for the execution of the powers
vested in the Town, for the government of the Town and the management
of its business, and for the preservation of good order, peace, health
and safety of the Town and its inhabitants.
Each newly elected Council shall meet in the Town Hall at 8:00
p.m. on the Tuesday following its election. The meeting shall be called
to order by the Town Clerk who shall administer the oath of office
to all members. In the absence of the Town Clerk the meeting may be
called to order and the oath administered by any elector of Newington
authorized by law to administer oaths. The newly elected Mayor shall
then assume the chair as presiding official of the Council and shall
designate a Deputy Mayor from among the members of the Council to
preside in the absence of the Mayor. In the event that both the Mayor
and the Deputy Mayor are absent or unable to perform their duties,
such duties shall be performed during the period of their absence
or disability by a member chosen by the Council. The presiding official,
whether the Mayor, Deputy Mayor, or member chosen by the Council,
shall have one vote, but only one vote, on each matter voted by the
Council. The rules adopted by the preceding Council shall be the rules
of the newly elected Council until the adoption of permanent rules.
A.
The Council shall fix the time and place of its regular meetings
and provide a method for calling special meetings. Only business,
notice of which has been included in the call for such special meeting,
shall be acted upon at any special meeting. The Council shall adopt
its own rules of procedure except as specifically provided in this
Charter. The presence of five members shall constitute a quorum, and
no ordinance, resolution or vote, except a vote to adjourn or to fix
the time and place of the next meeting, shall be adopted by less than
five affirmative votes. The Council shall keep for public inspection
a journal, which shall be the official record of its meetings, a copy
of which shall be filed in the office of the Town Clerk in accordance
with the provisions of the Connecticut General Statutes. The journal
shall also contain the rules of procedure of the Council. No ordinances
or resolutions shall be adopted except at a regular or special meeting
of the Council open to the public.
B.
The Council may call at its discretion "work session" meetings to
discuss and review pending legislation and may consider other items
of concern to the Town or its citizenry. The Council's rules
of procedure will determine the conduct of these meetings. No votes
may be taken at a work session meeting except to adjourn or to go
into executive session.
All ordinances, together with a written statement of purpose,
shall be introduced at a regular or special meeting of the Council
in written form by a member of the Council. It shall be the duty of
the Clerk of the Council immediately upon each introduction to file
a copy of such proposed ordinance with the Town Clerk. It shall be
the duty of the Town Clerk or his/her designee immediately upon receipt
of such proposed ordinance to prepare sufficient copies of such ordinance,
one copy of which shall be retained in the Town Clerk's office
for public inspection, one copy posted on the Town bulletin board
and website, and one copy distributed to each member of the Council
and to the Manager. No discussion shall be had upon a proposed ordinance
at the meeting at which it is introduced, except for an explanation
by the Councilor moving such ordinance.
Before an ordinance, except an emergency ordinance, shall be
voted upon, the Council shall hold at least one public hearing, five
days notice of which shall be given by publishing the notice and the
proposed ordinance in full at least once in a newspaper having circulation
in the Town and by posting the notice and the proposed ordinance in
full on the Town bulletin board and website with the full proposed
ordinance also available in the Town Clerk's office. After such
public hearing, the Council may make such changes as it considers
advisable before voting upon said ordinance. Notice of the passage
of an ordinance, described by title or subject matter and statement
of purpose, together with such changes in the proposed ordinance,
shall be published at least once in a newspaper having a circulation
in the Town, and an ordinance, except an emergency ordinance, shall
become effective 15 days after such notice is published, provided
that, if a petition for a referendum is filed with the Town Clerk
within the time specified in § C-410, the ordinance shall
not become effective except in accordance with the provisions of § C-410.
All adopted ordinances shall be filed with the Town Clerk and kept
as a public record in the form of a suitably indexed volume or volumes
of ordinances.
The Town shall have the power to incur indebtedness by issuing
its bonds and notes as provided by Connecticut General Statutes and
the provisions of this Charter. The issuance of bonds and notes shall
be authorized by resolution adopted in the same manner as provided
by § C-406 of this Charter, insofar as § C-406
relates to public hearings.
No resolution authorizing the issuance of bonds or notes, other
than notes in the amount of $375,000 or less, and no resolution making
a special appropriation in excess of $975,000, shall become effective
until the same has been approved by a majority of the qualified electors
voting thereon at a regular election or referendum called by the Council
for that purpose. Any special appropriation of $975,000 or less but
in excess of $375,000 shall be passed by ordinance. A referendum shall
not be mandatory when such bond or note authorization, or such special
appropriation, shall be for an emergency purpose to protect the public
peace, health and safety, or shall be to finance a street, sewer or
other improvement to be paid for by a special assessment and not by
general taxation; provided however, that such bond or note authorization
or special appropriation for emergency purposes shall require not
less than six affirmative votes of the Council.
An emergency ordinance shall be only for the immediate preservation
of the public peace, health and safety; shall contain an explicit
statement of the nature of the emergency; shall be adopted by not
less than six affirmative votes in the Council; and shall take effect
immediately. Every such emergency ordinance including any amendment
thereto shall automatically stand repealed at the termination of the
61st day following the passage of said ordinance unless sooner repealed.
In no event shall the annual budget constitute an emergency appropriation.
Electors shall have the right to petition for a referendum in
accordance with the Connecticut General Statutes on any ordinance
passed by the Council, except an emergency ordinance, or a special
appropriation in the amount of $375,000 or more. A referendum must
be held when there shall be filed with the Town Clerk, within 15 days
of the published notice of the passage of the ordinance, a petition
signed by qualified electors in number equal to 5% or more of the
total number of electors whose names appear upon the last completed
Registry List, which petition shall be filed with the Town Clerk who
shall within 10 days determine whether or not the petition contains
a sufficient number of valid signatures, and if it does, shall so
certify to the Council. The ordinance shall not then take effect until
the Council has submitted it to a referendum, which shall be held
not less than 20 nor more than 30 days after the filing of such petition,
except this referendum may be held at a Town election or general election
if the same occurs not less than 10 days nor more than 30 days after
the filing of the petition. The ordinance shall be null and void in
the event that a majority of the electors voting thereon, such majority
consisting of at least 10% of the qualified electors of the Town,
shall vote in opposition to the ordinance. Otherwise it shall take
effect immediately following the referendum.
The electors shall have the power to propose to the Council
any ordinance, except an ordinance appointing or removing officials,
specifying the compensation or hours of work officials and employees,
adopting the annual budget, authorizing the levy of taxes, or fixing
the tax rate. The ordinance shall be proposed by a petition to the
Council, in accordance with and subject to the provisions of the Connecticut
General Statutes, setting forth the proposed ordinance and requesting
its adoption, which petition shall be signed by qualified electors
of the Town, in number equal to 5% or more of the total number of
qualified electors whose names appear upon the last completed Registry
List. The petition shall be filed with the Town Clerk who shall within
10 days determine whether or not the petition contains the required
number of valid signatures, and if it does, the Town Clerk shall so
certify to the Council at its next regular meeting. The Council shall
within 60 days after certification either adopt the proposed ordinance
after a public hearing or submit the same to the electors at a special
election to be held within 90 days from the date of the Town Clerk's
certification, provided that if a general election or a Town election
is to occur within four months of such certification, the ordinance
may be submitted at such election. The ordinance shall be adopted
if a majority of those voting vote in the affirmative and such majority
consists of 10% or more of the total number of qualified electors
whose names appear upon the last completed Registry List. Such adopted
ordinance shall take effect immediately following the referendum.
No ordinance which shall have been adopted in accordance with the
provisions of this section shall be repealed or amended by the Council
except by vote of the electors.
A.
The Council shall have the power with not less than six affirmative
votes by resolution, in its sole discretion with or without cause,
to remove or suspend the Manager and shall have the power, for cause,
to remove or suspend any person appointed to any other office or position
by the Council.
B.
The Council shall act first by suspending such person and promptly serving such person with a copy of the resolution of suspension together with the reasons that constitute cause where required in Subsection A. If within 10 days after service of said resolution such person shall file a request in writing with the Town Clerk for a public or private hearing before the Council, the hearing requested shall be held at a time and place set by the Council, not less than five days nor more than 15 days after the filing of the request. At such hearing the person may be represented by counsel. If no hearing is requested, or at the conclusion of the hearing, the Council shall promptly, by resolution, terminate the suspension and either restore the person to or remove him/her from the office or employment. During the period of suspension any such person shall be ineligible to perform the duties of the office or employment. Compensation, if any, shall be continued during the period of suspension or for 30 days from the date of suspension, whichever is longer. There shall be no appeal from the decision of the Council.
The Council shall have the power to investigate any and all
Town officials, commissions, boards, departments and offices. The
Council shall have the power, for the purposes of such investigation,
to issue subpoenas.
The members of the Council shall serve without compensation,
but shall be entitled to reimbursement for their legitimate expenses
incurred in the performance of their official duties, with the approval
of the Council.
Neither the Mayor nor any member of the Council or Board of Education shall hold any elective office, appointive office, or serve on any board or commission pursuant to Article VI as a voting member thereof, unless specifically authorized to hold such office or serve under this Charter or unless specifically authorized to do so by resolution of the Council for a board or commission created pursuant to Article VI, § C-610. This section shall not be construed to prevent the Mayor or members of the Council or Board of Education from representing the Town as members of intertown or regional bodies or agencies or from serving in a position pursuant to the Connecticut General Statutes that contemplates such service.
