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Town of New Canaan, CT
Fairfield County
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Table of Contents
Table of Contents
The Town Council shall be the legislative body of the Town and shall have all of the legislative powers provided in this Charter or the General Statutes.
The Town Council shall consist of 12 members, who shall be electors of the Town and shall be elected at large and, upon qualification, shall take office immediately after their election. The First Selectman, ex officio, shall also be a member of the Town Council but shall vote only in case of a tie.
At each biennial Town election, six members of the Town Council shall be elected for a term of four years. At any election of members of the Town Council, no elector shall vote for more than six (6) members to serve for the same term. All nominations for membership on the Town Council shall be made in accordance with the statutory requirements of the State of Connecticut. The minority representation requirements of General Statutes § 9-167a shall apply.
Any vacancy on the Town Council 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 Town Council.
With the exception of the First Selectman, the members of the Town Council shall serve without compensation and shall hold no other office of trust or emolument in the Town government. Service on committees of the Town government is not prohibited by this section, provided that such service does not create a conflict of interest as defined in the Town Code of Ethics.
The Town Clerk shall call an organization meeting of the Town Council within two weeks following each election at which members are elected to the Town Council, and at such meeting the newly elected members shall be sworn in and a Chairman, a Vice Chairman, a Secretary and any other officer or officers determined by the Town Council shall be elected from the membership, and thereafter the Town Council shall exercise its powers and duties. The Chairman shall, when present, preside at all meetings of the Town Council, and in the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and the Vice Chairman, the Town Council shall choose one of its members to act as Chairman pro tempore. The person presiding shall retain his or her vote as a member of the Town Council.
The Town Council shall meet in a public place at least once every two months and at other times upon the call of the Chairman of the Town Council or of the Board of Selectmen. The Town Council shall also meet within 21 days after receipt of a petition signed by at least 50 electors of the Town and setting forth a matter which may be considered by the Town Council. All meetings shall be open to the public, except for executive sessions in accordance with the Freedom of Information Act. At any open meeting, any elector may, with the permission of the Town Council, be heard by the Town Council.
A quorum for a meeting of the Town Council shall be seven members, exclusive of the First Selectman, and the affirmative vote of seven members of the Town Council shall be required for the passage of any appropriation or the passage, amendment, suspension or repeal of any bylaw or ordinance, or for the confirmation of any appointment to the Board of Finance.
A record of all actions taken by the Town Council and of the vote of each member thereon shall be filed by the Secretary in the office of the Town Clerk as a public record.
No appropriation shall be passed by the Town Council and no bylaw or ordinance shall be passed, amended, suspended or repealed by the Town Council except after a warning published once a week for two successive weeks, together with posting of the warning of the meeting of the Town Council which is to act upon the appropriation, bylaw or ordinance.
The Town Council shall make the bylaws and ordinances in the following manner: The full text of each proposed bylaw or ordinance shall be published once a week for two successive weeks, together with a notice of public hearing thereon to be held by the Town Council showing the time and place thereof. After such hearing the Town Council may enact such proposed bylaw or ordinance, together with any amendments thereto which it may make, and shall forthwith file the same as so enacted with the Town Clerk for public record in a book kept by the Town Clerk for that purpose. Any such bylaw or ordinance enacted as proposed and published, without amendment, shall become effective eight days after such filing with the Town Clerk and eight days after publication in summary form, whichever event shall last occur, unless a notice of intent to petition for a referendum is filed under § C4-14; but if enacted with one or more amendments, the Town Council shall forthwith publish at least once each such amendment with its related context, together with a notice in summary form that such bylaw or ordinance as enacted with amendment will become effective eight days after publication of such and eight days after such filing with the Town Clerk, whichever event shall last occur, unless a notice of intent to petition for referendum is filed under § C4-14. The Town Clerk shall note the date of publication and filing on the record of such bylaw or ordinance in the Town Clerk's office.
The Town Council shall pass no appropriation not recommended by the Board of Finance, but may approve, disapprove or reduce but not increase the amount of any appropriation recommended by that Board.
Each affirmative or negative legislative action taken by the Town Council which relates to any appropriation or bond issue, or to any ordinance or bylaw, shall be filed in the office of the Town Clerk promptly after such action has been taken and shall be published promptly in summary form at least once.
Each affirmative legislative action taken by the Town Council which relates to any appropriation or bond issue, or to any ordinance or bylaw, shall become effective eight days after publication of such action unless a notice of intent to file a petition for referendum has been filed in the office of the Town Clerk within seven days after the publication of such action.
Each affirmative or negative legislative action taken by the Town Council which relates to any appropriation or bond issue, or to any ordinance or bylaw, is subject to referendum.
1. 
Notice of intent to petition. Notice of intent to petition for referendum on a legislative action subject to referendum shall be signed by at least 50 electors of the Town and shall be filed in the office of the Town Clerk within seven days after the publication of such legislative action.
2. 
Petition for referendum. A petition for referendum on a legislative action subject to referendum shall be signed by not less than 5% of the electors of the Town as determined by the last completed registry list, and shall be filed in the office of the Town Clerk not later than 30 days after the publication of such legislative action.
3. 
Date of referendum. Following the filing with the Town Clerk of a petition for referendum, a referendum shall be held not later than 30 days after the filing of such petition. The date of the referendum shall be set by the Town Council.
4. 
Number of votes required for repeal or overrule by referendum. An affirmative action of the Town Council shall not be repealed, nor a negative action overruled, unless the number of votes in favor of repeal or overrule shall be a majority of those voting and equal to at least 15% of the number of electors of the Town as determined by the last completed registry list.
5. 
Effect of a referendum.
a) 
If a referendum repeals or overrules an action taken by the Town Council which relates to any appropriation or bond issue recommended by the Board of Finance, such recommendations shall be returned to the Board of Finance for reconsideration.
b) 
If a referendum repeals an affirmative action taken by the Town Council which relates to any ordinance or bylaw, such action shall be nullified forthwith.
c) 
If a referendum overrules a negative action taken by the Town Council which relates to any ordinance or bylaw, such action shall be returned to the Town Council for reconsideration.