[Ref. El. 11-3-1998]
(a)
The council shall appoint a town manager for an indefinite term or
by mutual agreement of the manager and the council for a definite
term by contract not to exceed three (3) years.
(b)
The council shall also appoint, for a term of two (2) years beginning
with the second Monday in November in the odd-numbered years, a town
attorney and a town treasurer and agent of the town deposit fund.
Said officers shall hold office until their successors are appointed
and qualified. The town treasurer and agent of the town deposit fund
shall have the powers and duties prescribed by general law and such
other duties as the council may require. The duties of the town treasurer
may include but shall not be limited to an ongoing oversight of specific
programs or projects included in the annual budget approved by the
council and reports to the council as the council may require.
(c)
The council shall also appoint a public building commission consisting
of five (5) members and two alternates, and a board of assessment
appeals consisting of three (3) members and up to three (3) alternates.
The terms of office of the members and alternates of all boards and
commissions shall be established by ordinance. Only the council shall
have the authority to create and appoint such other boards and commissions
as it deems appropriate. All of the officers appointed by the town
council under this section shall be electors of the town.
(d)
In appointing boards and commissions the council shall not appoint
more than a bare majority of any one party on any board, and in filling
a vacancy the appointee shall be chosen from the same political party
as the person vacating the office if that person was a member of a
political party. This shall not, however, preclude the appointment
by the council of any person who is not a member of any political
party.
(e)
The council shall appoint an auditor or audit firm on an annual basis
or as may be required by law to review the financial records of the
town and to perform such other duties as council may require. Said
auditor or audit firm shall report directly to council or its designee.
[Ref. El. 11-6-1973,
eff. 11-6-1973; Ref. El. 11-3-1998]
(a)
The town manager shall be chosen exclusively on the basis of executive
and administrative qualifications, character and experience, and when
appointed need not be a resident of the town/or the state. The town
manager shall devote full time to the duties of the office.
(b)
All officers and employees in the classified service of the town as described in section 5-12 of this charter shall be appointed on the basis of merit and in conformity with recognized principles of public personnel administration. Appointments to all positions in the classified service, except as otherwise specifically provided by this charter, including a collector of revenues, a single, assessor, a finance director, a building inspector, a director of health, a director of public works, and a chief of police, shall be made by the town manager, but the manager may, subject to approval by the council, perform the duties of any position in the classified service in lieu of making such appointment. Except as otherwise provided by this charter, all appointees shall have such powers and duties as are prescribed by general law.
(c)
The town manager shall be the chief executive officer of the town and shall be directly responsible to the council for the administration of all departments, agencies and offices in charge of persons appointed by the town manager and shall supervise and direct the same. The town manager also shall have the following powers and duties: To see that all laws and ordinances governing the town are faithfully executed; to make a monthly report to the council and to attend all its meetings, with the right of full participation in all discussions but without the right to vote; to recommend to the council from time to time such measures for its adoption as the town manager may deem necessary or expedient; to keep the council fully advised as to the financial condition of the town; to compile and submit to the council for their consideration the budgets of all the departments, commission and boards and to otherwise assist the council in preparing the annual budget as set forth in detail in Chapter 8; to prepare and cause to be printed as soon as practicable after the close of each fiscal year a town report; to exercise such other powers and duties as have heretofore been or may hereafter be conferred by general or special law on the first selectman or the board of selectmen of the town except as otherwise provided in this charter; and to exercise such other powers and duties as may be required of the town manager by ordinance or resolution of the council.
(d)
Until the town council creates by resolution the position of purchasing
agent under the classified service, the town manager or a person designated
by the town manager shall be the purchasing agent of the town and
all supplies, materials, equipment, other commodities, and biddable
services required by any department, office, agency, board or commission
of the town, except the board of education, shall be purchased through
the town manager on requisitions signed by the head of the department,
office or agency or chairperson of the board or commission, or a responsible
representative appointed by the town manager and approved as to sufficiency
of funds by the finance director. Nothing herein contained shall be
so construed as to prevent the town manager or purchasing agent from
serving as purchasing agent for the board of education or the Windsor
probate court upon request by the chairperson of said board or the
judge of said court. Purchases shall be made under such rules and
regulations as may be established by the council; provided, if any
purchase or contract for purchasing, including a continuing order
or contract for the purchase of the same commodity over a period of
time, involves an expenditure in excess of one-tenth (1/10) of one
per cent of the tax levy of the fiscal year in which the purchase
is made, the town manager, unless it shall be determined by the council
to be against the best interests of the town, shall invite sealed
bids or proposals, giving ten (10) days' public notice thereof
by at least one publication in a newspaper having a circulation in
the town, and shall let the purchase or contract to the lowest responsible
bidder thereon or shall reject all such bids and proposals. All such
bids or proposals shall be opened publicly.
(e)
In case of the temporary inability of the town manager to serve,
the council may designate any person not a member of the council to
act as town manager.
(f)
The town council shall not diminish by ordinance, vote or otherwise
the powers and duties of the town manager, nor interfere with the
persons appointed by the town manager in the performance of their
duties.
[Ref. El. 11-6-1973;
eff. 11-6-1973; Ref. El. 11-3-1998]
The town attorney shall be an attorney or a firm of attorneys
admitted to practice in this state. The town attorney shall appear
for and protect the rights of the town in all actions, suits or proceedings
brought by or against it or any of its departments, officers, agencies,
boards or commissions. The town attorney shall be the legal adviser
of the council, the town manager and other town officers, boards and
commissions in all matters affecting the town, and shall upon request
furnish them with a written opinion on any question of law involving
their respective powers and duties. Upon request, the town attorney
shall prepare or approve all forms of contracts and other instruments
to which the town is a party or in which it has an interest. The town
attorney shall have power, with the approval of the council, to appeal
from orders, decisions and judgments and, with the approval of the
council, to compromise or settle any claims by or against the town.
[Ref. El. 11-3-1998]
(a)
There shall be a police department which shall be subject to such
rules, regulations and penalties as the council may adopt and provide.
The town manager shall appoint and promote the chief and other members
of such department in consultation with the chief of police.
(b)
The members of such police department shall have such authority with
respect to the service of criminal process and the enforcement of
criminal laws as is vested by general law in police officers. Constables
shall not have authority to serve criminal process. The duties of
the dog warden as provided in the general statutes shall be assumed
by the police department.
[Ref. El. 11-3-1998]
(a)
The council shall have the authority to create by ordinance a fire
department.
(b)
Until such time as the various fire districts are eliminated, if
the interests of the town shall so require, the town manager may enter
into agreement, with the state, any municipality, fire district or
volunteer fire company for aid in extinguishing fire in the town outside
any fire district. The manager shall also have the authority to provide
reciprocal aid to the state, and any other municipality, fire district
or volunteer fire company.
(c)
If the interests of the town shall so require, the town manager may
enter into agreement with any fire district, prior to the elimination
of said district, whereby the fire protection service of said district,
or any other service or function thereof, shall be assumed by the
town, in which event the provisions of this charter with regard to
such service shall take effect in the same manner as though said fire
districts were eliminated.
(d)
In the event of the elimination of any fire district, the fire protection
services of said district automatically shall be assumed by the fire
department created by council.
[Ref. El. 11-3-1998]
The department of public works shall have supervision and control
of the maintenance of all town-owned structures, except such structures
as are under the control of the board of education or the public building
commission, and of the planning, surveying, constructing and reconstructing,
altering, paving, repairing, maintaining, cleaning, lighting, and
inspecting of highways, sidewalks and curbs, sewers, sewage disposal,
not under the jurisdiction of the Metropolitan District, public and
private drains, and other public improvements, town buildings, and
the preservation, care and removal of trees within highways or public
places, all engineering work of the town and garbage and ash collection
in the event the town shall assume the service in future. The department
shall also have supervision and control of all parks and grounds used
for park purposes belonging to the town, and of buildings, structures,
apparatus and equipment used in connection therewith. The department
shall also have all the powers and perform all the duties imposed
on tree wardens by the general statutes.
(a)
Director; appointment and powers. The director of the department
of public works shall be appointed by the town manager and shall hold
office indefinitely subject to removal, in the manner hereinafter
provided. The director of public works shall administer and supervise
said department and have charge and control of all buildings, property,
material, apparatus and equipment thereof. The director of public
works may appoint and remove, with the approval of the town manager,
such deputies, assistants, subordinates and employees as may be deemed
necessary and prescribe their duties.
(b)
Division of parks and playgrounds; superintendent. The division of
parks and playgrounds shall be administered by a superintendent who
shall, subject to approval by the town manager, be appointed by the
director of public works, and who may be the director of public works,
and who shall have supervision and control of all parks and grounds
used for park purposes belonging to the town and all buildings, structures,
apparatus and equipment used in connection therewith. The superintendent
shall regulate the use thereof by the public and may prescribe a system
of permits for the use of said parks for public amusements, games,
picnics and other purposes to which such parks may be devoted. The
superintendent may prescribe, with the approval of the director of
the department of public works, reasonable rules and regulations governing
the use of such parks and grounds.
(c)
Division of garbage and ash collection. If the several fire districts
or either of them within the town shall be eliminated and the functions
thereof shall be assumed by the town, the director of the department
of public works shall appoint, with the approval of the town manager,
a superintendent of garbage and ash collection who shall have charge
and control of the collection of garbage, ashes and other refuse and
the disposal or incineration of the same, and of all land and buildings,
apparatus and equipment used in connection with such collection and
disposal.
(d)
Garbage and ash collection; town council may fix districts. Until
such time as the several fire districts of either of them shall have
been eliminated the town council is authorized to fix by ordinance
a district or districts outside of such fire districts within which
all garbage, ashes and refuse shall be removed. The town is authorized
to purchase or lease land within or without the town as a site for
disposal by incineration or otherwise of the garbage, ashes and refuse
collected within the town.
Any expenses incurred by the town in pursuance of ordinances
of said town or otherwise, in removing snow, ice or obstructions of
any nature from any sidewalk upon any street or highway, or in keeping
any such sidewalk safe and convenient for public travel by reason
of the failure of the owners of abutting property to comply with ordinances
or orders relating to removal of snow, ice, sleet or obstructions
of any nature from any such sidewalk, with interest thereon, shall
constitute a claim against the owner of the land adjacent to such
sidewalk which may be collected by an action brought in the name of
the town and shall be a lien in favor of said town upon such land
which shall be of the same effect and may be foreclosed in the same
manner as tax liens. Such liens shall not continue to be valid against
such land for a longer period than six (6) months after such expense
shall have been incurred unless a certificate thereof, signed by the
town manager and particularly describing the property on which the
lien exists, the owner of such property, the amount claimed and the
date and nature of the work for which such lien is claimed, shall,
before the expiration of such six (6) months, be lodged for record
in the office of the town clerk.
(a)
The council shall appoint a commission to be known as the town plan
and zoning commission which shall consist of five (5) members who
shall hold office for such terms as the town council may fix by ordinance,
subject to removal, in the manner hereinafter provided. The members
of such commissions shall appoint their own chairperson.
(b)
[Repealed by Ref. El. of 11-6-1973, eff. 11-6-1973]
(c)
The council shall appoint a zoning board of appeals which shall consist
of five (5) members who shall hold office for such terms as the town
council may fix by ordinance, subject to removal, in the manner hereinafter
provided. Said board of appeals shall succeed to all rights, duties,
powers and privileges, except as may be inconsistent with other provisions
of this charter, heretofore conferred by special act on the board
of appeals of the town of Windsor.
(d)
[Repealed by Ref. El. of 11-6-1973, eff. 11-6-1973; Ref.
El. 11-3-1998]
[Ref. El. 11-6-1973,
eff. 11-6-1973; Ref. El. 11-3-1998]
(a)
Organization. The public building commission as appointed in accordance with the provisions of section 5-1(c) of this charter, shall elect one of its members to be chairperson and such other officers as it deems appropriate and shall hold regular meetings and keep a record of the same. Meetings shall be held upon the call of the chairperson or a majority of the members of the commission. A majority of the members of the commission shall constitute a quorum. Said commission may appoint committees of its own members or other electors of the town to assist in the formulation of its program.
(b)
Powers and duties. The commission shall make a study of the public building needs of the town and shall formulate a program for the alteration, expansion or modification of existing public buildings, structures and appurtenant facilities within the town and for the construction of new public buildings, structures and appurtenant facilities. Said commission shall make a survey of desirable sites, shall investigate and determine the availability of sites, and may recommend to the council the acquisition of sites, and if approved by the town plan and zoning commission in accordance with the provisions of section 8-24 of the 1958 revision to general statutes, as amended, said council may purchase such sites in the manner provided in this charter. Subject to the approval of the council, the commission may sell, demolish or otherwise dispose of buildings or structures located upon sites acquired for the construction of new buildings, structures or appurtenant facilities and the prompt removal of which is deemed by said commission necessary and economical for carrying out the public building program formulated by it. Subject to the provisions of section 8-7 of this charter, said commission may prepare plans, employ architects, engineers and professional assistants, procure bids, enter into contracts, and, within the limits of appropriations made for the purpose, execute plans for the alteration, expansion or modification of existing public buildings, structures and appurtenant facilities. Said commission shall supervise and direct any such alterations, expansion, modification or construction, and, in so doing, shall carry out, as far as possible, a common and suitable architectural design. Said commission shall coordinate the functions of the various town boards, agencies and departments so far as the same may be or may become concerned with the alteration, expansion, modification or construction of public buildings, structures and appurtenant facilities within the town. Said commission shall cooperate with state and federal agencies and may, in the name of and with the approval of the council, enter into agreements with state and federal agencies to the end that advantage may be taken of any building subsidies, grants, allotments or other benefits which may become available. Except as otherwise provided in this charter, said commission shall have and exercise exclusive authority and direction over the public building program in the town of Windsor and the alteration, expansion, modification or construction of public buildings, structures and appurtenant facilities other than minor alterations costing less than one-tenth (1/10) of one (1) per cent of the tax levy in the fiscal year in which the construction is undertaken, and repair of such public buildings, structures and appurtenant facilities.
(c)
Reporting. Said commission shall annually on or before the first
day of August, and such other times the council shall prescribe, make
written reports of its activities to the council specifying briefly
the progress of the public building program committed to its charge,
and containing the plans and recommendations of said commission concerning
the future execution of such program.
(d)
Special Act No. 606 creating a public building commission, approved
June 13, 1945, is repealed,
[Ref. El. 11-6-1973,
eff. 11-6-1973]
The town manager shall appoint workers of the department of
social services who shall hold office indefinitely, subject to removal,
in the manner hereinafter provided. All employees of the department
engaged in social service and public welfare work shall be trained
and qualified therein.
[Ref. El. 11-3-1998]
(a)
The town clerk shall be in the classified service of the town and shall be appointed as provided in section 5-2(b), except that the town manager shall not be able to perform the duties of the town clerk. The town clerk shall perform such duties as are common to said office and as are prescribed by general law, the Connecticut general statutes and town ordinances. All fees collected by the town clerk shall be paid into the town treasury. The town clerk may recommend for appointment by the manager other persons to assist in the performance of the town clerk's official duties as the need arises. They shall be in the classified service.
(b)
The town clerk may act as clerk of the council if appointed by the
council. The town clerk shall cause to be filed and recorded as a
public record the proceedings of the town council.
The classified service shall include appointees to all positions
now or hereafter created except the following: Officers elected by
the people and persons appointed to fill vacancies in elective offices;
members of boards and commissions and other officers appointed by
the council; employees of the board of education; persons employed
in a professional capacity to make or conduct a temporary and special
inquiry, study or investigation; the judges, clerks and other personnel
of the probate court; and persons employed for a temporary period
not exceeding three (3) months. It shall be the duty of the town manager
to cause to be prepared a statement of the duties and responsibilities
of each position in the classified service and of the minimum qualifications
for appointment to such positions. These statements shall comprise
the classification plan of the town, which shall become effective
upon approval by resolution of the council and which may be amended,
upon recommendation of the manager, by resolution of the council to
create new or additional positions in the classified service or to
change the duties and responsibilities of existing positions. The
manager shall also cause to have prepared a set of personnel rules
which shall provide, among other things, for the method of holding
competitive examinations, administration of the classification plan,
probationary periods of employment, hours of work, vacations, sick
leaves and other leaves of absence, and such other rules as may be
necessary to provide an adequate and systematic procedure for the
handling of the personnel affairs of the town. Such rules shall become
effective upon approval by resolution of the council and may be amended,
upon recommendation of the manager, by majority vote of the council.
No full-time employees of the town shall solicit any person to vote
at any political primary or election or challenge or in any manner
attempt to influence any voter in a town election. The council may
take such steps as may be necessary to provide for the retirement
of the officers and employees of the town pursuant to the provisions
of Chapter 113 of the general statutes, and any amendments thereto.
[Ref. El. 11-3-1998]
Members of the town council and members of all boards and commissions,
shall serve without compensation. The registrars of voters shall be
paid salaries in lieu of all fees, such salaries to be fixed by the
town council. The salaries of other elective officials not now established
by special act and the salaries of other officers appointed by the
council shall be determined by it. Salaries of all directors and other
employees of the classified service of the town shall be determined
by the town council, in conformity with a systematic pay plan for
the positions involved, upon recommendation of the town manager, provided
nothing herein shall be so constructed as to limit the power of the
board of education to fix the compensation of employees of the school
system. The salary of the town manager shall be fixed by the town
council.
