There shall be a First Selectman who shall be the chief executive
and chief administrative officer and shall enforce the bylaws and
ordinances of the Town and the laws of the state and shall have such
powers and perform such duties as are not inconsistent with this Charter
and as are imposed upon the office by the Charter, bylaws and the
ordinances of the Town and the laws of the state.
There shall be a Board of Selectmen which shall have, retain
and exercise the powers heretofore possessed by it, not inconsistent
with this Charter or the General Statutes, and, in addition thereto,
it shall have such powers and perform such duties as the ordinances,
bylaws or the law may prescribe.
The Board of Selectmen shall do every act and perform every
duty necessary to give effect to this Charter unless such act or duty
is required of or delegated to some other officer, board, commission
or committee or reserved to the Town Council for action thereon.
The Board of Selectmen shall, at such times as are herein designated or as are designated by the bylaws or ordinances, appoint the required number of duly qualified persons to fill the membership of all boards, commissions or committees whose members are not elected. The Board of Selectmen shall fill for the unexpired portion of the terms, all vacancies occurring in offices, boards, commissions or committees to which the Board of Selectmen has the power of appointment; provided, however, that between the first Tuesday after the first Monday in November in odd-numbered years and the second Tuesday following the day of the municipal election in the odd-numbered years, the Board of Selectmen shall appoint no person to fill a vacancy on any board, commission or committee whose members are not elected, nor shall they fill the unexpired portions of terms where there are vacancies which have occurred or are occurring in offices, boards, commissions or committees as to which the Board of Selectmen has the power of appointment. Appointments to the Board of Finance are subject to confirmation by the Town Council as specified in § C4-8 and § C5-2.
If a vacancy shall occur from any cause in any elective office
or in the membership of any elective board, commission or committee,
except the Town Council, the Board of Selectmen or the Board of Education,
such vacancy shall be filled for the unexpired term at the next succeeding
biennial Town election or at a special election held on the date of
the next regular state election, whichever shall first occur; provided,
however, that until such election such vacancy shall be filled by
the Board of Selectmen. If any such vacancy shall occur between the
first Tuesday after the first Monday in November in odd-numbered years,
being the day of the municipal election, and the second Tuesday following
the day of the municipal election in the odd-numbered years, such
vacancies shall be filled only by the Board of Selectmen taking office
on or after the second Tuesday following the day of the municipal
election.
Except in the case of Board of Education, the Selectmen shall
be the agency for the purchase of all goods and the contracting of
all services required by the Town Council or by any elected or appointed
board, commission, committee, officer and department of the Town and
by any volunteer fire company receiving Town aid and all contracts
for the purchase of such goods or services shall be awarded by the
Selectmen in accordance with the sums appropriated for such purposes
by the Town. Any specialized goods or services shall be purchased
or contracted for in accordance with specifications relative thereto
approved by the Town Council or by the board, commission, committee,
officer, department or volunteer fire company making the requisition
therefor.
The Selectmen shall have the authority to act as purchasing
agent for the Board of Education, but only to the extent and for the
periods voted by the Board of Education, provided that the cost of
all goods or services requisitioned by the Board of Education shall
be charged against the appropriations under the control of the Board
of Education.
It shall be the duty of the Selectmen to furnish the Town Council
and each board, commission, committee or department of the Town, except
the Board of Education, upon request, with such assistance as may
be required to provide complete and adequate minutes and to record
the vote of the members upon all questions.
The Selectmen are empowered, without action by the Town Council,
to accept as a public highway any street or highway situated in the
Town which has been improved in accordance with the law and in accordance
with any rule, regulation, bylaw or ordinance of the Town or of any
board, commission or committee of the Town.
The Selectmen are empowered, without action by the Town Council,
to accept deeds to areas to be devoted to public highway purposes,
to execute and deliver deeds to areas no longer needed for public
highway purposes, to accept grants or easements on behalf of the Town
for stormwater and public sanitary sewer lines and to release any
such easements no longer needed for public purposes.
A.
Death or resignation. Upon the death of a member of the Board of
Selectmen or upon the written resignation of a member of the Board
of Selectmen directed to the Town Clerk, the Town Clerk shall notify
the remaining members of the Board of Selectmen and the Chairman of
the Town Council by certified mail that a vacancy exists on the Board
of Selectmen.
B.
Self-determination of disability by a member. If a member of the
Board of Selectmen, a regular member or the First Selectman suffers
a disability which such member believes would prevent him or her from
serving on that Board, such member shall give written notice by certified
mail to the Town Clerk stating the nature of the disability which
causes the inability to serve. Upon receipt of such notice, the Town
Clerk shall mail copies of the same by certified mail to the other
members of the Board of Selectmen and to the Chairman of the Town
Council, and shall declare a vacancy because of the inability of the
member to serve. Such inability shall continue until terminated by
such member of the Board by written notice that the member no longer
is under any disability, such notice to be delivered by certified
mail to the Town Clerk, who shall mail by certified mail such notice
to the other members of the Board and to the Chairman of the Town
Council, whereupon the inability to serve shall be declared to have
ended by the other members of the Board and the Chairman of the Town
Council.
C.
Determination of disability by committee. If a member of the Board
of Selectmen suffers a disability which causes an inability to serve
and such member fails or cannot give written notice to the Town Clerk
of such inability, the Chairman of the Town Council and the remaining
members of the Board of Selectmen shall meet and shall determine,
by majority vote, if an inability to serve exists. If an inability
is found by a majority vote, the vote shall be certified to the Director
of Health, who shall designate two qualified physicians to serve with
the Director of Health as a Committee to verify the inability of such
Board member to serve. Within 30 days after a verification by the
Committee of inability to serve, the Director of Health shall file
with the Town Clerk a written report by the Committee containing a
finding as to the question of the inability of the Board member to
serve. Such finding shall be binding on the Board of Selectmen, including
the disabled member unless overruled by a court of competent jurisdiction,
and such finding shall continue in full force and effect until notice
in writing of the determination by a majority of the Committee as
to the termination of such inability shall have been filed with the
Town Clerk.
D.
Replacement. Within 15 days after the receipt by the other members
of the Board of Selectmen and the Chairman of the Town Council of
a notice of inability to serve, either from an individual Selectman
through the Town Clerk, or from the Committee through the Town Clerk
or in the event of notice of the death or of the resignation of a
member of the Board, the remaining members of the Board of Selectmen
and the Chairman of the Town Council shall meet on the call of the
Chairman of the Town Council and shall appoint by a majority vote
an individual to serve on the Board, either as a replacement of a
regular member or as the replacement of the First Selectman, to serve
until the inability ends or for the remaining portion of the term
or until a special election is held, as the case may be. If the member
being replaced is a member of a political party, then the replacement
must be a member of the same party. If the member to be replaced is
unaffiliated, the member may be replaced by an unaffiliated voter
or a member of any political party. The new member shall hold office
until the next municipal or state election or until a special election,
if called, and shall have the same powers and duties as the replaced
member.
Any appointment by the remaining members of the Board of Selectmen
and the Chairman of the Town Council shall be subject to a special
election called upon petition signed by not less than 5% of the electors
of the Town as determined by the last completed registry list filed
in the office of the Town Clerk not later than 15 days after such
appointment. Following the filing with the Town Clerk, an election
shall be held not later than 15 days after the filing of the petition.
All such special elections shall be held in accordance with the requirements
and regulations of the General Statutes. Replacement members elected
by special election shall hold office until the next municipal election
and shall have the same powers and duties as the replaced member.
