The Board of Selectmen shall consist of the First Selectman
and two (2) other Selectmen, who shall be elected as this Charter
provides.
Except as otherwise specifically provided for in this Charter,
the Board of Selectmen shall have the powers and duties conferred
by the Constitution and CT General Statutes of the State of Connecticut
upon the Board of Selectmen. The legislative authority shall be vested
in the Board of Selectmen except as otherwise specifically provided
in this Charter and shall include but not be limited by the various
provisions set forth in this Charter.
The newly elected Board of Selectmen shall meet on the first
Monday in December 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 Brookfield
authorized by law to administer oaths. The newly elected First Selectman
shall then assume the chair as permanent presiding officer of the
Board. The Board shall, by a majority vote of the total membership,
designate a Chairman Pro Tempore from among the members of the Board
to preside in the absence of the Chairman. The Board shall adopt its
own rules of procedure except as specifically provided in this Charter.
The Board of Selectmen shall fix the date, 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 meetings, shall be acted upon at any special meeting. Two
(2) members of the Board of Selectmen shall constitute a quorum for
the transaction of business. The Board of Selectmen shall act by majority
vote of those present and voting unless the CT General Statutes or
this Charter requires a greater vote. Minutes of each meeting shall
be taken and shall include the attendance of each member and the vote
of each member on all items of business before the meeting. The Board
shall keep for public inspection an official record of the meetings,
a copy of which shall be filed in the office of the Town Clerk within
two (2) business days with respect to each member's recorded
vote and seven (7) business days with respect to the filing of minutes.
The official record shall also contain the rules of procedure of the
Board.
A.
Except as otherwise specifically provided in this Charter, no ordinance
shall be acted upon until at least one (1) public hearing on such
ordinance shall have been held by the Selectmen. Notice of such public
hearing, stating the general subject matter, date, time and place
of the hearing and stating that copies of the proposed ordinance are
on file with the Town Clerk, shall be given at least seven (7) calendar
days in advance by publication in a newspaper having a general circulation
in the Town and by posting a notice in a public place. Copies of such
proposed ordinance shall be made available for public inspection at
the Town Clerk's office at least seven (7) calendar days in advance
of the public hearing. If substantive changes, as determined by the
Town Attorney, are made in any such proposed ordinance subsequent
to the public hearing required under the provisions of this section,
then a second public hearing shall be held on such proposed ordinance
prior to final action. Every ordinance, after passage, shall be filed
with the Town Clerk and recorded, compiled and published by said Clerk
as required by law.
B.
Within ten (10) days after final passage, each ordinance so passed
shall be published once in its entirety, or in summary form as provided
by Section 7-157(b) of the CT General Statutes, in a newspaper having
a general circulation within the Town. Each ordinance, unless it shall
specify a later date, shall become effective on the 21st day after
such publication following its passage unless procedure to overrule
such ordinance is initiated in accordance with this Charter.
If the Board of Selectmen shall find that an emergency exists
in the Town affecting the public peace, health or safety, it shall
be empowered to adopt regulations and ordinances stating the facts
constituting the public emergency, which shall become effective immediately
upon the affirmative vote of not fewer than two (2) members of the
Board without public hearing or notice thereof; such ordinances shall
be promulgated forthwith. Every such emergency regulation or ordinance
shall be repealed upon the termination of the emergency and shall
automatically stand repealed at the termination of the 61st day following
adoption thereof; provided, however, that if action has been initiated
on the same subject matter as an emergency ordinance providing for
a permanent ordinance under § C4-5 of this Charter prior
to such 61st day, then such emergency ordinance shall remain in full
force and effect until final action is taken on said permanent ordinance.
All ordinances, resolutions and other actions taken by vote
of the Board of Selectmen, except those making appointments or removals
or regulating exclusively its internal procedures and except emergency
ordinances adopted in accordance with the provisions of § C4-6
of this Charter, shall be subject to overrule by a Special Town Meeting
as follows:
A.
If within twenty (20) days after publication of any such ordinance
or after the filing of the minutes of the meeting of the Board of
Selectmen with the Town Clerk in accordance with the provisions of
§ C4-4 of this Charter, which filing shall constitute publication
of any resolution or other action set forth in said minutes, a petition
conforming to and circulated in accordance with the requirements of
Sections 7-9 and 7-9a of the CT General Statutes and signed by not
fewer than two percent (2.0%) of the Town electors as determined from
the latest official list of registered electors is filed with the
Town Clerk requesting a Special Town Meeting, the effective date of
such ordinance, resolution or other action shall be suspended.
B.
The Board of Selectmen shall fix a date, time and place of such Special
Town Meeting, which shall be held within twenty-eight (28) days of
the filing of the petition, and notice thereof shall be given in the
manner provided by law for the calling of a Special Town Meeting.
C.
The ordinance, resolution or other action of the Board of Selectmen
so referred shall take effect upon the conclusion of the meeting unless
at least one percent (1.0%) of the Town electors, as determined from
the latest official list of registered electors, constituting a majority
of those voting thereon, shall have voted in favor of overruling.
All ordinances, resolutions or other action taken by vote of
the Board of Selectmen, except those making appointments or removals
or regulating exclusively its internal procedures and except emergency
ordinances adopted in accordance with the provisions of § C4-6
of this Charter, shall be subject to overrule by a referendum as follows:
A.
If within twenty (20) days after publication of any such ordinance
or after the filing of the minutes of the meeting of the Board of
Selectmen with the Town Clerk in accordance with the provisions of
§ C4-4 of this Charter, which filing shall constitute publication
of any resolution or other action set forth in said minutes, a petition
conforming to and circulated in accordance with the requirements of
Sections 7-9 and 7-9a of the CT General Statutes and signed by not
fewer than three percent (3.0%) of the Town electors as determined
from the latest official list of registered electors is filed with
the Town Clerk requesting the referendum, the effective date of such
ordinance, resolution or other action shall be suspended.
B.
The Board of Selectmen shall fix a date, time and place for such
referendum, which shall be held within twenty-eight (28) days of the
filing of the petition, and notice thereof shall be given in the manner
provided by law for scheduling the referendum.
C.
The ordinance, resolution or other action of the Board of Selectmen
shall be null and void in the event that a majority of the electors
acting thereon, such majority consisting of at least one and one-half
percent (1.5%) of the Town electors, shall vote to overrule the action
of the Board of Selectmen. Otherwise, such ordinance, resolution or
other action shall take effect immediately following the referendum.
A.
The electors or voters shall have the power to propose to the Board
of Selectmen any ordinance, except an ordinance appointing or removing
officials, specifying the compensation or hours of work of officials
and employees, adopting the annual budget, appropriating funds, authorizing
the levy of taxes or fixing the tax rate.
B.
The ordinance shall be proposed by a petition to the Board of Selectmen,
in accordance with and subject to the provisions of the CT General
Statutes, setting forth the proposed ordinance and requesting its
adoption, which petition shall be signed by not fewer than three percent
(3.0%) of the registered Town electors. The petition shall be filed
with the Town Clerk, who shall, within ten (10) days, determine whether
or not the petition contains the required number of valid signatures
and, if it does, shall so certify to the Board of Selectmen at its
next regular meeting.
C.
The Board of Selectmen shall, within sixty (60) days after certification,
either adopt the proposed ordinance after a public hearing or submit
the same to the voters at a Special Town Meeting or a referendum or
Town election to be held on a date, time and place to be determined
by the Board of Selectmen within ninety (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 (4) 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,
such majority consisting of at least five percent (5.0%) of the registered
Town electors. No ordinance that shall have been adopted with the
provisions of this section shall be repealed or amended except by
vote of the qualified electors.
D.
Any such proposed ordinance shall be examined by the Town Attorney
before being submitted to the Town Meeting or referendum. The Town
Attorney shall be authorized to correct the form of such ordinance
for the purpose of avoiding repetitions, illegalities and unconstitutional
provisions, assuring accuracy in the text and references and clarifying
and making more precise the phraseology but shall not change its meaning
and effect.
A.
Any ordinance adopted by the Board of Selectmen pursuant to § C4-5
of this Charter may be repealed by the vote of majority of the entire
Board of Selectmen. Any ordinance adopted by a vote at a Town Meeting
may be repealed only by vote of a majority of those present and voting
at a Town Meeting called for that purpose. Any ordinance adopted by
a referendum vote may be repealed only by majority vote of those voting
at a referendum held for that purpose, provided that such majority
shall consist of at least five percent (5.0%) of the qualified voters
of the Town on the date of such referendum.
B.
The First Selectman shall, at least biennially, review all ordinances
and, upon a majority vote of the Board of Selectmen and after a public
hearing, may repeal any such ordinance the Board of Selectmen deems
to be obsolete or inappropriate or submit the same to a Town Meeting
or referendum for repeal as required.
A.
Investigations. The Board of Selectmen shall have the power to investigate
any and all agencies, boards, commissions, departments and offices
and for such purposes shall have the power to call witnesses before
the Board of Selectmen to testify as to any matter under investigation.
Any officer or employee of the Town who upon receipt of adequate notice
fails to appear or refuses to testify when so called by the Board
of Selectmen shall be deemed to have resigned thereby from said office
or position.
B.
Removals and suspensions.
(1)
The Board of Selectmen shall have the power to suspend by an affirmative
vote of two (2) members and to remove for good cause by an affirmative
vote of all members any person appointed to any office or position
by the Board.
(2)
The Board shall act first by suspending such person and shall promptly
serve such person with a copy of the resolution of suspension together
with the reasons therefor. If within ten (10) days after service of
said resolution such person shall file a request, in writing, with
the Town Clerk for a public hearing before the Board, the hearing
requested shall be held, at a time and place set by the Board, not
less than five (5) days nor more than fifteen (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 Board shall promptly by resolution terminate the suspension
and either restore the person to or remove such person from 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
thirty (30) days from the date of suspension, whichever is longer.
A.
The Board of Selectmen shall appoint all appointive officers and
shall fill by appointment all vacancies on appointed or elective boards,
commissions, agencies and offices, except as otherwise specifically
provided in §§ C2-6 and C7-4 of this Charter.
B.
In exercising the power herein conferred to fill vacancies with respect
to elective offices or membership upon elective boards or commissions,
the Board of Selectmen shall make an interim appointment for the unexpired
portion of the term or until the next biennial Town election, whichever
shall be sooner, provided that when the persons vacating the office
shall have been elected as a member of a political party, such vacancy
shall be filled by the appointment of a member of the same political
party.
Compensation for the members of the Board of Selectmen (other
than the First Selectman) shall be set at the Annual Town Meeting
or Town referendum but shall not be less per person than five percent
(5%) of the First Selectman's compensation.
