INDEX ARTICLE 1 INCORPORATION AND GENERAL POWERS Section 1 1 Incorporation Section 1 2 Rights and Obligations Section 1 3 General Grant of Powers Section 1 4 Definitions ARTICLE 2 THE TOWN MEETING Section 2 1 Legislative Power Section 2 2 Annual and Special Meetings Section 2 3 Procedure Section 2 4 When Action by Town Meeting is Required Section 2 5 Actions of the Town Meeting Which May be Decided By Machine Ballot Section 2 6 Petition for Overrule of Action of Board of Selectmen Section 2 7 Petition for Special Town Meeting for Enactment of Ordinances Or Other Action ARTICLE 3 BOARD OF SELECTMEN Section 3 1 Number of Selectmen Section 3 2 General Powers Duties and Responsibilities Section 3 3 Procedure Section 3 4 Public Hearing on and publication of Ordinances Section 3 5 Emergency Ordinances Section 3 6 Coordination Page 1 1 1 2 3 3 3 4 4 5 5 6 6 8 8 9 9 ARTICLE 4 FIRST SELECTMAN SECOND SELECTMAN TOWN ADMINISTRATOR Section 4 1 The First Selectman Section 4 2 The Second Selectman Section 4 3 The Town Administrator 9 11 12 ARTICLE 5 ELECTIVE OFFICERS BOARDS AND COMMISSIONS Section 5 1 General Powers and Duties Section 5 2 Terms of Office Section 5 3 Officers Elected for Two Year Terms Section 5 4 Town Clerk Section 5 5 Board of Education Section 5 6 Board of Finance Section 5 7 Board of Tax Review Section 5 8 Planning and Zoning Commission 12 13 13 13 13 14 14 14
Section 5 9 Section 5 10 Section 5 11 Section 5 12 Zoning Board of Appeals Board of Police Commissioners Justices of the Peace Compensation Expenses Levies Page 14 14 15 15 ARTICLE 6 ELECTIONS Section 6 1 General Section 6 2 Voting Districts Section 6 3 Voter Registration Section 6 4 Eligibility for Office Section 6 5 Breaking a Tie Section 6 6 Vacancies Section 6 7 Removal ARTICLE 7 APPOINTIVE OFFICERS BOARDS AND COMMISSIONS Section 7 1 Appointing Authority Appointive Officers Boards and Commissions and Terms of Office Section 7 2 Establishment of New Offices Boards and Commissions Section 7 3 Vacancies and Removals Section 7 4 General Powers and Duties Section 7 5 Town Attorney Section 7 6 Building Inspector Section 7 7 Assessor Section 7 8 Library Board Section 7 9 Parks and Recreation Commission Section 7 10 Conservation Commission Section 7 11 Historic District Commission Section 7 12 Building Board of Appeals Section 7 13 Panel of Moderators Section 7 14 Compensation Expenses Levies ARTICLE 8 FINANCE AND TAXATION Section 8 1 Preliminary Budget Estimates Section 8 2 Duties of the First Selectman on Budget Section 8 3 Duties of the Board of Selectmen on Budget Section 8 4 Duties of the Board of Finance on the Budget the Annual Town Budget Meeting and Budget Process Section 8 5 Additional and Supplemental Appropriations Section 8 6 Extraordinary Appropriations Section 8 7 Expenditures and Accounting Section 8 8 Power to Incur Indebtedness Section 8 9 Contributions 16 16 16 16 17 17 17 18 19 19 19 19 20 20 20 20 20 21 21 21 22 22 23 24 24 29 29 30 31 32 ARTICLE 9 CONFLICT OF INTEREST AND TRANSITION Section 9 1 Conflict of Interest Section 9 2 Existing Laws and Ordinances Section 9 3 Agency Records and Property Section 9 4 Legal Proceedings Page 32 32 33 33 ARTICLE 10 CONDUCT OF BUSINESS ELECTED AND APPOINTED BOARDS AND COMMISSIONS Section 10 1 Chairmen and Vice Chairmen 33 Section 10 2 Minutes 34 Section 10 3 Executive Sessions 34 ARTICLE 11 MINORITY REPRESENTATION 34 ARTICLE 12 MISCELLANEOUS PROVISIONS Section 12 1 Amendment of Charter Section 12 2 Saving Clause Section 12 3 General Laws Section 12 4 Effect of Changes in General Statutes Section 12 5 Transitions Section 12 6 Unlocking Voting Machines Section 12 7 Paper Ballots Section 12 8 Effective Date 35 36 36 36 36 38 38 38
WESTON TOWN CHARTER ARTICLE 1 INCORPORATION AND GENERAL POWERS Section 1 1 Incorporation All the inhabitants dwelling within the territorial limits of the Town of Weston as presently constituted shall continue to be a body politic and corporate under the name of the Town of Weston in this Charter called The Town As such it shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter It shall also have the additional powers and privileges herein conferred and all powers and privileges conferred upon towns under the general law of the State of Connecticut Section 1 2 Rights and Obligations forbidden by the Constitution and the general laws of the State of Connecticut The enumeration of particular powers in this and any other article of this Charter shall not be construed as limiting this general grant of power but shall be considered as an addition thereto Section 1 4 Definitions As used in this Charter a Agency means any elective or appointive board commission officer or committee of the Town b Qualified voters means persons who are eligible to vote at Town Meetings as defined in the General Statutes of the State of Connecticut All rights in and to property both real and personal all rights of action and rights of every description and all securities and liens vested in the Town as of the date this Charter shall take effect are continued The Town shall continue to be liable for its debts and obligations Nothing herein shall be construed to affect the right of the Town to collect any assessment charge debt or lien c Resident Electors means persons eligible to vote in the national state and town elections under the Constitution of the United States and the State of Connecticut and under the general law of the State of Connecticut If prior to the effective date of this Charter any contract has been entered into by the Town or any bond or undertaking has been given by or in favor of the Town which contains provisions that the same may be enforced by any office or agency therein named which is hereby abolished such contracts bonds or undertakings shall continue in full force and effect The powers conferred and the duties imposed with reference to the same upon any such office or agency shall except as otherwise provided in this Charter thereafter be exercised and discharged by the Board of Selectmen of the Town e The General Statutes means the General Statutes of Connecticut revision of 1958 and any amendments thereto Section 1 3 General Grant of Powers In addition to all powers granted to towns under the Constitution and general law of the State of Connecticut the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted and all other powers incident to the management of the property government and affairs of the Town including the power to enter into contracts with the United States or any federal agency the State of Connecticut or any political subdivision thereof for services and the use of facilities the exercise of which is not expressly d Voting List means the Registrars of Voters latest official list f General Law means all applicable laws including without limitation the Constitutions of the United States and of the State of Connecticut General Statutes Special Acts this Charter ordinances and regulations and interpretations of the foregoing by courts of competent jurisdiction At present the General Statutes Sec 7 6 provide in pertinent part as follows any person who is an elector of such town may vote and any citizen of the age of eighteen years or more who jointly or severally is liable to the town for taxes assessed against him on an assessment of not less than one thousand dollars on the last completed grand list of such town or who would be so liable if not entitled to an exemption may vote 2
ARTICLE 2 THE TOWN MEETING Section 2 4 When Action by Town Meeting is Required a To consider and act upon the estimate of the Board of Finance with its recommendations leading to the determination of the annual town budget as required by the Connecticut General Statutes and as hereinafter provided in Section 8 4 b To consider and act upon after recommendation by the Board of Selectmen and approval by the Board of Finance Section 2 1 Legislative Power The legislative power of the Town to the extent specified in this article shall be vested in the Town Meeting Section 2 2 Annual and Specia1 Meetings An Annual Town Budget Meeting shall be convened no later than April 22nd of each year It shall be called to order at 8 00 PM and if it has not completed its business by 11 30 PM the moderator shall adjourn the Meeting to 8 00 PM of successive evenings excepting Saturdays Sundays and Holidays until its business is completed The Meeting may also be adjourned from time to time as otherwise provided in this charter Amendment Effective 11 4 03 1 any appropriation or authorization for issuance of bonds notes or other borrowing in excess of the amounts provided for in Section 8 5 b or 8 6 of this Charter 2 the sale or leasing of real estate of the Town used or reserved for Town purposes Special Town Meetings shall be called by the Board of Selectmen pursuant to the terms of this Charter and in the manner provided by the General Statutes 3 the purchase or leasing of real estate for Town purposes c To consider and act upon any proposed contract or agreement by the Board of Selectmen for services or use of facilities by or with the United States or any Federal agency the State of Connecticut or any political subdivision thereof except as provided in Section 3 2 of this Charter d To consider and act upon any proposal the Board of Selectmen deems of sufficient importance Section 2 3 Procedure All Town Meetings shall be called to order by the First Selectman or in his absence the Second Selectman if there be one In the absence of both the First Selectman shall appoint another member of the Board of Selectmen if available or otherwise any other qualified voter to call the meeting to order A Moderator shall be elected in accordance with the provisions of this Charter and he shall appoint a parliamentarian for the meeting All business shall be conducted in accordance with the provisions of this Charter where consistent with the General Statutes The Clerk of the Town Meeting shall be the Town Clerk or in the Town Clerk s absence a person selected by the Town Meeting Before taking up the business of the Meeting the moderator shall read the Connecticut State Statutes regarding who is qualified to vote in the Town Meeting and the penalties for unqualified persons voting and shall direct that all persons present who are not qualified to vote or to speak shall occupy an area in the meting room which shall be set apart for such persons Except as otherwise provided in this Charter action at all Town Meetings shall be by a majority of qualified voters present and voting 3 Section 2 5 Actions of the Town Meeting Which May Be Decided By Machine Ballot Any matter falling within Section 2 4 b c or d above may be decided by machine ballot a at the discretion of the Board of Selectmen or b pursuant to a petition filed in accordance with Section 7 7 of the Connecticut General Statutes in the following manner After other business has been completed and after adequate discussion of the appropriation or authorization which is to be decided by machine ballot the moderator shall adjourn the Town Meeting to reconvene not less than seven days nor more than fourteen days thereafter and such appropriation or authorization shall be submitted to the qualified voters for a yes or no vote on the voting machines between the hours of 6 AM and 8 PM 4
The voting machine labels shall be provided by the Town Clerk After the polls are closed the moderator or in the absence of the elected moderator a substitute moderator appointed by the Clerk of the Town Meeting from the Panel of Moderators shall cause the vote to be counted and the appropriation or authorization shall if approved by a majority of those voting thereon be deemed adopted by the Town Meeting otherwise it shall be determined to have been rejected Any such proposed ordinance or other action shall be submitted to the Town Attorney for examination before being submitted to the Town Clerk The Town Attorney is authorized to correct the form of such ordinance or other action for the purpose of avoiding repetitions illegalities and unconstitutional provisions and to assure accuracy in its text and references and clearness and preciseness in its phraseology but not to change its meaning or effect materially Provided however that if the proposed ordinance or other action that is the subject of the petition is materially the same as a matter that previously has been voted upon by referendum then the Board of Selectmen in their discretion may reject such petition and not call a special Town Meeting Amendment effective 11 4 03 Section 2 6 Petition for Overrule of Action of Board of Selectman All ordinances Resolutions or other action taken by vote of the Board of Selectmen except those making appointments or removals or concerned solely with regulating their internal procedure or emergency ordinances adopted in accordance with the provisions of Section 3 5 of this Charter shall be subject to overrule by a special Town Meeting as follows a b if within twenty days after the publication of any such ordinance or the making of such resolution or the taking of such vote A petition conforming to the requirements of Section 7 9 and 7 9a of the General Statutes and signed by not less than five percent of the qualified voters is filed with the Town Clerk requesting its reference to a special Town Meeting the effective date of such ordinance resolution or other action shall be suspended the Board of Selectmen shall fix the time and place of such special Town meeting which shall be within twenty days after the filing of the petition c notice thereof shall be given in the manner provided by law for the calling of a special Town Meeting d an ordinance resolution or action so referred shall take effect upon the conclusion of such meeting unless at least one hundred voters constituting a majority of those present and voting thereon shall have voted in favor of overruling Section 2 7 Petition for Special Town Meeting for Enactment of Ordinances or Other Action Except as provided in Section 2 4 2 5 and 2 6 of this Charter not less than 5 of qualified voters may at any time petition over their personal signatures for the enactment of any proposed lawful ordinance or other action by filing such petition including the complete text of such ordinance or proposed other action with the Town Clerk Amendment effective 11 4 03 5 The Board of Selectmen shall call a special Town Meeting to be held not less than ten nor more than thirty days from the date of such filing unless prior to such meeting such ordinance shall have been enacted or such action taken by the Board of Selectmen The Call for such meeting shall state the proposed ordinance or other action in full and shall provide for a yes or no vote as to its enactment Provided that there is a quorum at such meeting of at least five percent of the qualified voters then if a majority of the qualified voters voting shall vote yes then such ordinance or other action shall take effect on the tenth day thereafter without further action of the Board of Selectmen otherwise it shall not take effect ARTICLE 3 BOARD OF SELECTMEN Section 3 1 Number of Selectmen There shall be a Board of Selectmen consisting of the First Selectman and two additional members No more than two members of such Board shall be members of the same political party No Selectman shall hold any other office of profit under the Government of the Town Section 3 2 General Powers Duties and Responsibilities Except as provided in Article 2 of this Charter the legislative powers of the Town shall be vested in the Board of Selectmen and said Board of Selectmen shall have the powers duties and responsibilities which are conferred by the Constitution the General Statutes and general law of the State and this Charter on Boards of Selectmen including the power duty and responsibility 6
a to enact and amend ordinances consistent with this Charter and the General Statutes of the State and to repeal ordinances or amendments adopted under this section b by ordinance to create change or abolish agencies except those provided for in this Charter c by resolution to enter into agreements with the Commissioner of Transportation of the State of Connecticut pursuant to the General Statutes d in adopting ordinances to incorporate any nationally recognized code rules or regulations that have been printed in book form or any portion thereof by reference thereto in such ordinance provided upon adoption of any such ordinance wherein any such code rules or regulations or portions thereof have been incorporated by reference there shall be filed two copies of such code rules or regulations in the office of the Town Clerk for inspection and copying by the public at reasonable hours in lieu of publication in any newspaper e by resolution to regulate the internal procedure of agencies f to fix the charges if any to be made for services rendered by the town g to obtain a blanket bond for such officers or officials as are to be bonded h at the direction of the First Selectman to conduct a periodic review of current i e 2 year time span and projected at least 5 year time span financial administrative governmental physical and other needs of the Town and to initiate programs to meet such needs and the First Selectman or his delegate shall see that such programs are executed by the appropriate agencies to review and approve 1 plans for reorganization creation or elimination of positions and 2 job descriptions for Town employees other than employees of the Board of Education who are not appointed or elected officials i 7 j except to the extent otherwise provided by ordinance and subject to normal budget approval to review and act on recommendations of the First Selectman to hire fix the compensation for and discharge any Town employee at the department head level who is not elected or appointed other than an employee of the Board of Education and the First Selectman or his delegate shall execute such decisions k except as otherwise provided by law to create such offices and Boards as it may deem desirable to carry out the powers duties and responsibilities of the Board of Selectmen Section 3 3 Procedure At its first meeting to be held not later than two weeks following each biennial Town Election the Board of Selectmen shall fix the time and place of its regular meetings and shall elect a Second Selectman when required under Section 4 2 of this Charter Special meetings of the Board of Selectmen may be called by the First Selectman or by any two Selectmen with reasonable advance notice being given to the other member s of the Board The Board shall by resolution determine its own rules of procedure and all motions and proposals of a Board whose entire membership is more than three shall require a seconding motion in order to be considered by the Board All meetings of the Board of Selectmen for the transaction of business shall be open to the public except where a legal executive session has been called The votes of each member shall be recorded at the session at which they occur and reported in the minutes of such meeting A majority of the members of the Board then in office shall constitute a quorum and no ordinance resolution or action except a vote to adjourn or to fix the time and place of the next meeting shall be adopted by less than a majority of the members then in office voting in the affirmative Section 3 4 Public Hearing On and Publication of Ordinances At least one public hearing notice of which shall be given at least ten days in advance by publication in a newspaper having a general circulation in the Town and by posting a notice in a public place shall be held by the Board of Selectmen before any ordinance shall be passed 8
Every ordinance after passage shall be given a serial number and be recorded by the Town Clerk in a book to be kept for that purpose and shall be properly indexed and available for inspection and copying by the public at reasonable hours Within ten days after final passage the text of each ordinance shall except as otherwise provided in this Charter be published once in its entirety in a newspaper having circulation within the Town The First Selectman shall be an ex officio member of all agencies of the Town but without power to vote He may in writing appoint a Selectman to be his representative on any agency of the Town but without power to vote Every ordinance unless it shall specify a later date shall become effective on the twenty first day after such publication following its final passage except if overruled as provided in Section 2 6 of this Charter The First Selectman shall have all the powers duties and responsibilities conferred upon that office by law which are consistent with this Charter and in addition he shall have all the powers necessary or incidental to the discharge of his duties and responsibilities as set forth in this Charter Section 3 5 Emergency Ordinances An ordinance adopted by the Board of Selectmen as a public emergency measure and stating the facts constituting such public emergency shall become effective immediately and shall be published in a newspaper having a general circulation in the Town as soon as possible thereafter No public hearing or notice of public hearing shall be required for any public emergency ordinance The First Selectman shall be given reasonable notice of all meetings of all agencies Under the general policy direction of the Board of Selectmen the First Selectman shall have the following responsibilities a Seeing that the administration of the agencies of the Town is coordinated except those functions expressly reserved or delegated to such agencies by law Every such emergency ordinance including any amendments thereto shall automatically stand repealed at the termination of the sixty first day following final passage of said ordinance b the execution and carrying out of ordinances resolutions policies and other action voted by the Board of Selectmen or the Town Meeting Section 3 6 Coordination The Board of Selectmen shall coordinate the activities and operations of the Town Government and from time to time may convene joint meetings of Town agencies for such purposes and or may require such reports or information to be submitted by the agencies as the Board of Selectmen may deem necessary for such purposes c the hiring and with the prior concurrence of the Board of Selectmen dismissing of paid employees who are not elected or appointed officers or heads of departments d coordination and guidance of the Board of Selectmen in the discharge of all the Board s duties and responsibilities ARTICLE 4 FIRST SELECTMAN SECOND SELECTMAN TOWN ADMINISTRATOR The First Selectman shall have the following responsibilities relating to the Annual Town Budget Section 4 1 The First Selectman a The First Selectman shall direct the preparation of his budget and its presentation to the Board of Selectmen The First Selectman shall be the Chief Executive and Administrative Officer of the Town b At the annual required public hearings of the Board of Finance on the budget the First Selectman shall personally present the recommendations of the Board of Selectmen regarding the composition of the total budget and the individual appropriations comprising such total budget for the following fiscal year The First Selectman shall be a full voting and participating member of the Board of Selectmen He shall preside at meetings of the Board when present 9 10
To assist in the discharge of the duties and responsibilities of his office and of the Board of Selectmen the First Selectman may assign and delegate duties and powers but not responsibilities to other Selectmen to the Town Administrator and to other officers responsible to him The First Selectman shall be responsible for directing relationships with State Regional and Federal agencies which will or are likely to have an effect on the Town Section 4 3 The Town Administrator There shall be a Town Administrator who shall report directly to the First Selectman and who with the prior approval of the Board of Selectmen shall be hired by the First Selectman and with the prior approval of the Board of Selectmen shall be subject to dismissal by the First Selectman The duties of the Town Administrator shall be Section 4 2 The Second Selectman Whenever the entire membership of the Board of Selectmen is more than three a At the first meeting of the Board of Selectmen following the general election the Board shall elect from its membership by majority vote a Second Selectman who in the temporary absence of the First Selectman shall i Act as First Selectman pro tem and represent but not be empowered to act for the Town at meetings conventions or assemblies that would normally be attended by the First Selectman ii Preside at regular or special meetings of the Board of Selectmen iii Represent the Board of Selectmen at meetings of Town Boards or commissions unless other members of the Board of Selectmen have previously been so designated iv Preside at Town hearings v Assume any other ceremonial duties normally assumed by the First Selectman b In the event of the death permanent disability resignation or removal of the First Selectman the Second Selectman shall serve as First Selectman until a new First Selectman is put in office pursuant to the General Statutes In the event the Second Selectman becomes the new First Selectman a new Second Selectman shall be elected in accordance with a above a To aid in recruiting and screening of personnel and to make recommendations relating thereto to the First Selectman b To see that programs to evaluate employee performance are established and carried out on the basis of job descriptions and to make recommendations relating thereto to the First Selectman for action c To assist in preparing the budget by gathering the necessary data from the Town agencies and by compiling estimated budgets by the dates set forth in this Charter d To aid the First Selectman in analyzing and reviewing programs activities and budgets and their short term and long term financial and cash flow implications e To satisfy reasonable requests by other town agencies and officials to provide information at his disposal f To carry out such other duties as the First Selectman shall assign to him where such duties will not conflict with duties assigned by law to town agencies other than the office of First Selectman ARTICLE 5 ELECTIVE OFFICERS BOARDS AND COMMISSIONS Section 5 1 General Powers and Duties All elective officers boards and commissions hall have the powers and duties prescribed by the general law At present the relevant portion of the General Statutes includes Title 9 Section 222 11 12
Section 5 2 Terms of Office Section 5 6 Board of Finance Except as otherwise expressly provided in this Charter the term of office for all elective officers and all members of elective Boards and Commissions shall be four years All elective terms of office shall commence on the Tuesday following the date of election in each case The Board of Selectmen elect elected at a regular Town election shall from the date of its election exclusively have all powers of the Board of Selectmen to make appointments and fill vacancies in offices and memberships on boards the terms of which extend beyond or commence after the Tuesday following the date of election There shall be an elective Board of Finance consisting of seven members not more than four of whom shall be members of the same political party and each of whom shall serve a six year term No member of the Board of Finance shall be a member of any other agency specifically named in this Charter Section 5 3 Officers Elected for Two Year Terms Section 5 7 Board of Tax Review There shall be an elective Board of Tax Review consisting of three members not more than two of whom shall be members of the same political party each of whose term shall be four years At each biennial town election the following officers shall be elected Section 5 8 Planning and Zoning Commission a a First Selectman the votes cast for the unsuccessful candidates for First Selectman shall be counted as votes for him or them as a member of the Board of Selectmen There shall be an elective Planning and Zoning Commission consisting of seven members not more than four of whom shall be members of the same political party each of whose term shall be four years b additional selectmen in numbers sufficient to constitute the Board of Selectmen Section 5 9 Zoning Board of Appeals c a tax collector years There shall be an elective zoning Board of Appeals consisting of five regular members not more than three of whom shall be members of the same political party and three alternate members not more than two of whom shall be members of the same political party At the election to be conducted in November 1981 one member shall be elected for a term of two years At the election to be conducted in November 1983 two members shall be elected for a term of two years At the same election three members shall be elected for a term of four years At each biennial election thereafter members shall be elected for a term of four years to succeed those whose terms shall have expired At the election to be conducted in November 1981 three alternates shall be elected for a term of four years Thereafter alternates shall be elected every four years Section 5 5 Board of Education Section 5 10 Board of Police Commissioners There shall be an elective Board of Education consisting of seven members not more than four of whom shall be members of the same political party each of whose term shall be four years There shall be an elective Board of Police Commissioners consisting of seven members not more than four of whom shall be members of the same political party At the biennial election to be conducted in November 1981 four members shall be elected each for a term of four years At each biennial election thereafter members shall be elected for a term of four years At each biennial State election there shall be elected two registrars of voters one from each major political party to hold office for the term of two years from the Wednesday following the first Monday of the January next succeeding their election Section 5 4 Town Clerk There shall be an elective Town Clerk whose term shall be four 13 At present the General Statutes 8 5 and 8 5 a include provisions relating to the Zoning Board of Appeals and its membership including alternates 14
to succeed those members whose terms shall have expired so that such board shall thereafter consist of seven members each of whom is to be elected for a term of four years No member of the Board of Police Commissioners shall hold any paid or any other elective office of the Town of Weston Section 5 11 Justices of the Peace There shall be ten Justices of the Peace no more than five of whom shall be members of the same political party whose term of office shall begin on the first Monday of the January succeeding their election and continue until the first Monday of January four years thereafter Section 5 12 Compensation Expenses Levies a The salary of the First Selectman shall be recommended by the Board of Selectmen acting without his vote and such amount shall be included in that Board s annual request for appropriations The amount of compensation if any to be paid to the Selectmen shall be proposed by the Board of Selectmen approved by the Board of Finance and included in the Board of Selectmen s annual request for appropriations The amount of compensation if any to be paid to other elected officers or members of elected boards shall be as provided in the General Statutes applicable Special Acts ordinances and resolutions or in absence thereof shall be as recommended by the Board of Selectmen and subject to normal budgetary approval processes shall be included in the annual requests for appropriations of said Agencies and if necessary as otherwise provided for in this Charter b Necessary non budgeted out of pocket expenses of an elected officer or member of an elected board actually incurred in connection with the performance of his duties shall be paid by the town upon the requisition of such officer or board in writing upon the approval of the Board of Selectmen c The rate of compensation of the First Selectman and the other Selectmen shall not be changed during his or their term d All fees fines and levies of every kind paid to or on behalf of any elected officer or board shall to the extent not otherwise provided by General Statutes applicable Special Acts ordinances and resolutions promptly be remitted to the Treasurer and added to the general fund of the town 15 ARTICLE 6 ELECTIONS Section 6 1 General Nomination and election of federal and state officers including registrars of voters and of such elective town agencies as are provided for in this Charter shall be conducted and the Registrars of Voters shall prepare lists of resident electors to vote therefore in the manner prescribed in the Constitution and the general law of the State of Connecticut except as hereinafter provided Election of Town officers shall be held on the first Tuesday after the first Monday in November in the odd numbered years and biennially thereafter Section 6 2 Voting Districts There shall continue to be one voting district as the same existed on the effective date of this Charter The number of such districts shall not be increased or diminished nor their boundaries altered except by ordinance of the Board of Selectmen approved by a majority of the electors voting thereon at a regular biennial election of town officers The Board of Selectmen shall provide suitable polling places in the district or districts and shall define the boundaries of the area to be served by each polling place The Selectmen Town Clerk Registrars of Voters and all other officers of the Town shall perform the duties required of them by law with respect to elections in the voting district Section 6 3 Voter Registration Registration of voters shall be effected by a board for admission of electors in accordance with Section 9 l5a of the General Statutes which board shall consist of the Town Clerk or Assistant Town Clerk and the Registrars of Voters Section 6 4 Eligibility for Office Each elected officer of the town shall be an elector and if for any reason he ceases to be an elector of the town he shall thereupon cease to hold office therein and such office shall be deemed vacant 16
Candidates for election to Town office shall include either of the following a b any resident elector who has been nominated by a political party in accordance with the provisions of the General Statutes any resident elector whose name has been added to the list of candidates in compliance with the General Statutes Section 6 5 Breaking a Tie Except as otherwise provided in this Charter when any regular or special Town election primary election or referendum conducted pursuant to the provisions of this Charter results in a tie an adjourned election shall be conducted to determine who shall be elected or in the case of a question at referendum whether it shall be accepted or rejected Said adjourned election or referendum shall be held on the seventh day after the published date of the election or referendum which resulted in a tie and shall be confined to the tied candidates or issues Section 6 6 Vacancies Except as otherwise provided in the General Statutes and this Charter any vacancy in an elective Town office board or commission shall be filled by appointment by the Board of Selectmen for the unexpired portion of the term or until the next biennial 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 If there is a biennial election before the expiration of the term of any office in which a vacancy occurs such office shall be filled until said election by appointment as provided herein and subsequently by the election of a person to fill that office for the remaining portion of the term and such persons shall take office upon election ARTICLE 7 APPOINTIVE OFFICERS BOARDS AND COMMISSIONS Section 7 1 Appointing Authority Appointive Officers Boards and Commissions and Terms of Office Subject to the provisions of this Article within thirty days after the Tuesday next following the date of its election the Board of Selectmen shall by a majority vote of the entire Board appoint the following officers boards and commissions to the following terms of office and such other officers boards and commissions as are provided by Town ordinance to the terms provided in each such ordinance a To a Two Year Term of Office i ii iii iv v vi A Treasurer who shall also be the Agent for Town Deposit Fund An Assistant Treasurer A Fire Marshal A Civil Preparedness Director and Advisory Council A Constable A Town Attorney b To a Four Year Term of Office v ii iii iv v An Assessor A Building Inspector A Library Board A parks and Recreation Commission A Conservation Commission In addition the Board of Selectmen shall appoint members of a Jury Committee a Historic District Commission a Building Board of Appeals a Tree Warden a Dog Warden all as provided by the General statutes and a Panel of Moderators Section 6 7 Removal Removal of any elected official shall be in accordance with the general law At present the petitioning procedure for elected candidates is included in the General Statutes Title 9 Section 453a through 453s 17 In the case of appointment to a four year term of office such appointment shall not be made until the term of office of any predecessor to such appointee shall have expired All appointees must meet any statutory condition prerequisite to their qualification All such appointees shall take office on the day of their appointment and qualification and shall serve until their respective successors shall have been appointed and shall have qualified 18
Section 7 2 Establishment of New Offices Boards and Commissions The Board of Selectmen may establish such other Town officers boards and commissions with such membership as they may determine are necessary or proper for the general welfare of the Town Section 7 3 Vacancies and Removals Vacancies in appointed agencies shall be filled for the unexpired term in the same manner as appointments are made unless otherwise provided in the statutes ordinance or resolution creating the same provided that when the persons vacating the office shall have been recommended by a political party such vacancy shall be filled only from among persons recommended by that same political party He shall have power with the approval of the Board of Selectmen to compromise or settle any claims by or against the Town and Subject to the prior approval of the Board of Selectmen and the particular agency involved to appeal from orders decisions and judgments In the event of disqualification of the Town Attorney or conflict of interest in a particular case the Board of Selectmen shall appoint other counsel to represent the Town and or its various officers board and commissions as required However if the Board of Selectmen or any Selectman is an adversary party to the Town and or any of its various officers boards or commissions in that particular case such counsel shall be appointed for the latter by the Board of Finance The Town shall be under no obligation to supply counsel for any person with respect to any allegation of wrongdoing in office for personal gain Section 7 6 Building Inspector Except as otherwise provided by law any appointive officer or any member of a board or commission appointed by the Board of Selectmen may be removed from office or from membership on such board or commission by the Board of Selectmen upon an affirmative vote of a majority of the entire Board at least one of whom shall be of the same party as the person so removed If the person removed has no party affiliation he may be removed upon an affirmative vote of a majority of the entire Board of Selectmen No person shall be removed without reasonable notice thereof and the opportunity to appear before the Board of Selectmen at a public hearing thereon by himself or by or with counsel which hearing shall take place not less than five days nor more than fifteen days after notice to such person The Building Inspector shall complete and pass satisfactorily the State of Connecticut examination available for this purpose Section 7 7 Assessor The Assessor shall complete and pass satisfactorily the State of Connecticut examination available for this purpose Section 7 8 Library Board There shall be a Library Board of nine members no more than five of whom shall be members of the same political party Section 7 4 General Powers and Duties All appointive officers boards and commissions shall have the powers and duties prescribed by law including the General Statutes applicable Town ordinances and this Charter Section 7 5 Town Attorney The Town Attorney shall be an attorney at law admitted to practice law in the Courts of the State He 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 agencies He shall be the legal advisor to all Town officers or agencies in all matters affecting the Town and shall upon written request furnish them with a written opinion on any questions of law involving their respective powers and duties Upon request he shall prepare or approve forms of contracts or other instruments to which the Town is a party or in which it has an interest 19 Section 7 9 Parks and Recreation Commission The existing Recreation Commission shall become the Parks and Recreation Commission It shall consist of seven members no more than four of whom shall be members of the same political party Section 7 10 Conservation Commission There shall be a Conservation Commission consisting of seven members not more than four of whom shall be members of the same political party The Conservation Commission shall be the Town agency which implements The Inland Wetlands and Water Courses Act and all applicable regulations adopted pursuant thereto including those adopted by Town ordinance 20
Section 7 11 Historic District Commission There shall be a Historic District Commission of five regular members not more than three of whom shall be members of the same political party and two alternate members not more than one of whom shall be a member of the same political party each of whose term shall be five years Section 7 12 Building Board of Appeals There shall be a Building Board of Appeals of five members not more than three of whom shall be members of the same political party each of whose term shall be five years Section 7 13 Panel of Moderators a General provisions There shall be a panel of moderators of four members not more than two of whom shall be members of the same political party each of whom shall serve for a term of four years All reasonable steps should be taken to seek out qualified moderators for inclusion on the panel and unaffiliated voters shall be invited to submit their names for consideration Each moderator shall be an elector of the Town which shall have a working knowledge of or a demonstrable ability to easily comprehend basic parliamentary procedure and specifically Robert s Rules of Order Following their appointment the Panel of Moderators shall meet to draft a common set of procedures to be used at all Town Meetings using Robert s Rules of Order as a guideline This shall be called Weston Town Moderators Handbook Periodically the panel of moderators shall meet to discuss and if necessary revise add or delete procedures in this handbook b Selection of a Recommended Moderator for Any Town Meeting Not less than ten days prior to any Town Meeting the Board of Selectmen shall nominate by majority vote from the Panel of Moderators a member to serve as moderator and a member to serve as alternate moderator for such Town Meeting All reasonable care shall be taken to avoid conflicts of interests in these selections The name of the member so nominated as moderator shall be published in the local newspaper and included in the call of the Town Meeting if possible Prior to the Town Meeting such member shall meet with the Board of Selectmen to discuss procedures conduct and possible problems that might arise during the course of the Town Meeting At the Town Meeting other persons may be nominated as moderator and the Town Meeting shall elect its moderator At present the relevant portion of the General Statutes is Title 19 Section 402 21 The Board of Selectmen shall nominate members of the Panel of Moderators on a rotational basis so that they shall act as nearly equal a number of times as possible Section 7 14 Compensation Expenses Levies a The amount of compensation if any to be paid to appointed officers and members of appointed boards shall be set as provided in General Statutes applicable Special Acts ordinances and resolutions and in absence thereof by the Board of Selectmen and shall be included in the annual requests for appropriations of said Agencies and if necessary as otherwise provided for in this charter b Necessary non budgeted out of pocket expenses of an appointed officer or member of an appointed board actually incurred in connection with the performance of his duties shall be paid by the town upon the requisition of such officer or board in writing upon approval of the Board of Selectmen c The rate of compensation of the holder of any appointed officer or member of any appointed board shall not be decreased during his term of office d All fees fines and levies of every kind paid to or on behalf of any appointed officer or board shall to the extent not otherwise provided by General Statutes applicable Special Acts ordinances and resolutions promptly be remitted to the Treasurer and added to the general fund of the town ARTICLE 8 FINANCE AND TAXATION Section 8 1 Preliminary Budget Estimates The head of each agency of the Town supported wholly or in part from Town funds or for which a specific Town appropriation is made shall on or before January 14th except the Board of Education which shall on or before February 3rd file with the First Selectman on forms provided by him a detailed estimate of the expenditures to be made by his office or agency and the revenue other than tax revenues to be collected thereby in the ensuing fiscal year Such estimates shall be accompanied by a statement setting forth in narrative or such other form as the First Selectman may prescribe a program or programs showing services activities and work accomplished during the current year and to be accomplished during the ensuing year 22
Section 8 2 Duties of the First Selectman on Budget Section 8 3 Duties of the Board of Selectmen on Budget It shall be the duty of the First Selectman to compile preliminary estimates for the annual budget The Board of Selectmen shall review the preliminary budget prepared by or for the First Selectman and that of the Board of Education The proposed Selectman s budget including such alterations or changes deemed necessary by the Board of Selectmen shall be presented to the Board of Finance not later than February 25th At the same time they shall also present to the Board of Finance the budget proposal of the Board of Education but such alterations or changes to it as are desired by the Board of Selectmen shall be in the form of recommendations only Not later than February 10th the First Selectman shall present to the Board of Selectmen a proposed budget consisting of a a budget message outlining the proposed financial policy of the Town government describing in connection therewith the important features of the proposed budget plan indicating any major changes from the current year in financial policies expenditures and revenues together with the reasons for such changes and containing a clear general summary of its contents b estimates of revenue presenting in parallel columns the itemized receipts collected in the last completed fiscal year the receipts collected during the current fiscal year prior to the time of preparing the estimates the receipts estimated to be collected during the current fiscal year and estimates of the receipts other than from the property tax to be collected in the ensuing fiscal year and an estimate of the available surplus c itemized expenditures for each office or agency for the last completed fiscal year and expenditures for the current fiscal year prior to the time of preparing the estimates total expenditures as estimated for the current fiscal year and the First Selectmen s recommendations for the ensuing fiscal year for all items except those of the Board of Education which he shall transmit to the Selectmen as submitted to him by such board The First Selectman shall present reasons for all of his recommendations d as part of the budget of the First Selectman he may present a program previously considered and acted upon by the Town Planning and Zoning Commission in accordance with section 8 24 of the General Statutes of proposed municipal improvement projects for the ensuing fiscal year and for the five fiscal years thereafter Estimates of the costs of such projects shall be submitted by each agency annually in the form and manner prescribed by the First Selectman e the First Selectman shall recommend to the Board of Selectmen those capital projects to be undertaken during the ensuing fiscal year and the method of financing same 23 Section 8 4 Duties of the Board of Finance on the Budget the Annual Town Budget Meeting and Budget Process After the Board of Finance has received from the Board of Selectmen the recommended appropriations of the Board of Selectmen and the Board of Education a the Board of Finance shall hold one or more public hearings at least two weeks before the date of the Annual Town Budget Meeting at which any elector or taxpayer may have an opportunity to be heard regarding the recommended appropriations for the ensuing fiscal year At least ten days in advance of any such public hearing the Board of Finance shall cause to be published in a newspaper having general circulation in the Town a notice of such public hearing together with the amount of the proposed appropriations of the Board of Selectmen and the proposed appropriations of the Board of Education in condensed form Sufficient copies of said proposed appropriations shall be made available for general distribution in the office of the Town Clerk and at the public hearing b After said hearings the Board of Finance shall make such revisions to the proposed appropriations as submitted by the Board of Selectmen and the Board of Education as said Board of Finance deems advisable and shall thereafter recommend said proposed appropriations as amended if amended to the Annual Town Budget Meeting c The Notice and Call of the Annual Town Budget Meeting shall be published at least five days prior to such Meeting in a newspaper having general circulation in the Town and by posting such Notice and call in a public place Such published and posted Notice and Call shall be accompanied by a separate tabulation in condensed form of the proposed appropriations as recommended by the Board of Finance for the ensuing fiscal year 24
d Said proposed appropriations as tabulated shall be in more detail than but shall not be inconsistent with the Notice and Call of the Annual Town Budget Meeting and it shall be the responsibility of the Town Clerk to see that these requirements are complied with Sufficient copies of said proposed appropriations as recommended by the Board of Finance and as tabulated shall be made available for general distribution in the office of the Town Clerk at least five days prior to the Meeting and at the Annual Town Budget Meeting Any other budget information which is distributed to voters at the Annual Town Budget Meeting shall not be inconsistent with the Notice and call of said Meeting and shall be in the same sequence e The Notice and Call of the Annual Town Budget Meeting 1 shall list the line items which the said Meeting is legally entitled to amend namely the proposed individual agency appropriations of the Board of Selectmen s budget the proposed Board of Education s budget as one line item the proposed Contingency Fund and the proposed Reserve Fund for Capital and Non recurring Expenditures and the proposed allocations among Town agencies of any Federal revenue sharing receipts and the proposed Total Annual Town Budget all as recommended by the Board of Finance for the ensuing fiscal year and 2 shall state the proposed rate of taxation indicating the portion attributable to uncollectable taxes as recommended by the Board of Finance for the ensuing fiscal year and 3 in its preamble shall state who is legally entitled to vote in the Annual Town Budget Meeting in the same terms as are used in this Charter and 4 shall contain any other information required by the General Statutes or this Charter Sufficient copies of said Notice and Call shall be made available for general distribution in the office of the Town Clerk and at the Annual Town Budget Meeting f The Annual Town Budget Meeting shall consider and discuss said proposed appropriations as recommended by the Board of Finance and shall take action upon the same as follows i At the Annual Town Budget Meeting no appropriation shall be made exceeding that for the same purpose recommended by the Board of Finance or for any other purpose not recommended by the Board of Finance ii Any individual appropriation that is listed on the Notice and call of the Meeting may be reduced to an amount less than that recommended by the Board of Finance at the Annual Town Budget Meeting by an affirmative vote of a majority or 25 more present and voting at such Meeting NO motion shall be entertained by the moderator to reduce the sum of appropriations in the Selectmen s Budget or of all appropriations recommended by the Board of Finance or as amended unless such motion specifies the individual line item in the Notice and Call proposed to be reduced accompanied by the amount of such proposed reduction and the Notice and Call of the Meeting shall specify this restriction iii g i After consideration of all proposed appropriations and action upon all amendments thereto has been completed the moderator shall entertain a motion to approve the total Annual Town Budget for the ensuing fiscal year as recommended by the Board of Finance as amended if amended by the Meeting If a majority of qualified voters present and voting shall vote in the affirmative on such motion said Annual Town Budget shall be deemed adopted for the ensuing year subject however to the provisions of paragraphs g to i of this Section but if a majority of qualified voters present and voting shall vote in the negative on such motion the moderator shall recognize motions to further amend the recommended appropriations listed in the Notice and Call of the Meeting and the Annual Town Budget Meeting shall continue in this manner until said Meeting has adopted an Annual Town Budget for the ensuing fiscal year in which the Total Annual Town Budget is equal to the sum of the individual appropriations In the event that after the Notice and Call is published and at least twenty four hours before the Annual Town Budget Meeting is to be convened a valid petition for a machine ballot is filed pursuant to Section 7 7 of the Connecticut General Statutes said Meeting shall be convened and shall discuss all items in the Notice and Call and shall act on only those items not so petitioned and in the event that the recommended Total Annual Town Budget has been so petitioned the Annual Town Budget Meeting shall discuss but shall not act on any item in the Notice and Call Not less than seven nor more than fourteen days after the Annual Town Budget Meeting the petitioned items shall be voted upon by machine ballot in accordance with the said Section 7 7 of the General Statutes 26
ii iii h i ii Not less than seven nor more than ten days after such machine balloting the Annual Town Budget Meeting shall be reconvened pursuant to its original Notice and Call and taking under advisement the results of said balloting shall proceed to consider and act upon all items not already acted upon by said Meeting when originally convened but this shall not preclude said Meeting from reconsidering and acting upon items in the Notice and Call already acted upon Public notice shall be given of the time and place for the reconvened Meeting but such notice being a continuation of the originally convened meeting shall not include a Call Ten days after the Annual Town Budget Meeting if no petition was filed under Section 7 7 of the General Statutes or ten days after the reconvened Annual Town Budget Meeting if such a petition was filed and if a valid petition for a post Annual Town Budget Meeting has not been filed by that time the Annual Town Budget for the ensuing fiscal year as voted by the Annual Town Budget Meeting or reconvened Annual Town Budget Meeting as the case may be shall be deemed adopted But if within ten days following the Annual Town Budget Meeting or the reconvened Annual Town Budget Meeting a valid petition for a referendum is filed against one or more actions of said Meeting such action or actions shall be subject to a Yes or No machine ballot at a referendum to be held between the hours of 6 00 AM and 8 00 PM on a day not less than seven nor more than fourteen days after said petition is filed Said petition to be valid shall be in the form Shall the action of the Annual Town Budget Meeting on here insert the date as to here insert the line item or items and or the Budget Total be nullified and resubmitted to a reconvened Town Budget Meeting for further consideration and action and shall have been signed by at least five percent of the qualified voters The Town Clerk shall supply the voting labels for such referendum After the polls are closed the moderator or in the absence of the elected moderator a substitute moderator appointed by the Clerk of the Town Meeting from the Panel of Moderators shall cause the vote to be counted and if a 27 majority vote Yes on any item it shall be deemed to have nullified the action of the Annual Town Budget Meeting on that item and the item shall stand as not having been adopted otherwise it shall be deemed to have been adopted iii As to any action of the Annual Town Budget Meeting which has been nullified by a majority vote in a valid post Town Budget Meeting referendum not less than seven nor more than ten days after such referendum the Annual Town Budget Meeting shall be reconvened and shall take action on all such items and only such items as were so voted and if necessary on the Total Annual Budget and its actions shall be deemed final in adopting the Annual Town Budget for the ensuing year In acting on an amendment which has received a majority vote of Yes at said referendum the reconvened Annual Town Budget Meeting may increase the item up to the amount recommended by the Board of Finance for that item or up to a smaller sum or may further amend it downward Public notice shall be given of the time and place for the reconvened Meeting but such notice being a continuation of the originally convened Meeting shall not include a Call i In the event that the Annual Town Budget has not been adopted by July 1 of any year the budget appropriations of the previous year shall serve as an interim budget to allow for the continued operation of Town services and the provisions of Sections 2 4 and 2 5 of this Charter non withstanding the Board of Selectmen with the approval of the Board of Finance for up to October 1st of the year in question and from month to month thereafter until the Annual Town Budget has been approved may meet the obligations of the Town in accordance with said interim budget 1 by borrowing funds by way of tax anticipation notes or 2 by taxation at a mill rate set by resolution of the Board of Selectmen or 3 by drawing upon funds in possession of the Town or 4 by a combination of two or more of these means provided that if option 1 or option 2 or a combination of them is utilized then within ten days after the Annual Town Budget has been approved the mill rate shall be fixed sufficient to fund the total anticipated obligations of the Town during the remainder of the fiscal year including the repayment of all tax anticipation notes outstanding j An official copy of the Annual Town Budget as finally approved shall be filed by the Board of Finance with the Town Clerk within one week following final approval Within ten days after the approval of the Annual Town Budget the Board of Finance shall by resolution fix the tax rate in mills which shall be levied on the taxable property in the Town for the ensuing fiscal year In this connection see C G S 7 405 12 123 and the Raake Case 349 A2d 150 28
Section 8 5 Additional and Supplemental Appropriations The Board of Selectmen shall have the power to make a b an appropriation or appropriations in addition to those provided in the annual budget for any agency in a sum not exceeding 5 000 in a fiscal year provided that the total sum so appropriated for all agencies in any fiscal year shall not exceed 50 000 provisions of Sections 2 4 b and 2 5 or Section 8 5 of this Charter whichever shall be applicable b If the application is disapproved by either the Board of Selectmen or the Board of Finance the agency may within twenty days require that its application be submitted to a Special Town Meeting which the Board of Selectmen shall call i At such Town Meeting if not less than ten percent of the qualified voters are present and voting and a majority thereof shall vote in favor of the requested appropriation the appropriation shall be deemed adopted and the approval of the Board of Selectmen or the Board of Finance or both shall not be necessary ii But if pursuant to Section 7 7 of the Connecticut General Statutes a petition for a machine ballot is filed against the Call of such Town Meeting such machine ballot shall be held in the manner set forth in Section 2 5 of this Charter except that the re quested extraordinary appropriation shall be deemed approved by the Town Meeting only if a majority of at least ten percent of the qualified voters vote in favor of such appropriation with the approval of the Board of Finance supplemental appropriations beyond those appropriated in a above for one or more specific purposes provided the total sum appropriated under this Subsection b in any fiscal year shall not exceed two percent of the current tax levy Funds for such additional and supplemental appropriations shall as directed by the Board of Selectmen be provided from the following a available unappropriated and unencumbered general fund cash balance or b if for a capital expenditure the appropriation may also be made from the Reserve Fund for capital and Non recurring expenditures or c Contingency Fund or d by borrowing in which event the amount so borrowed shall be repaid from the taxes next levied Section 8 6 Extraordinary Appropriations Any Town agency may apply at any time for an extraordinary appropriation not otherwise provided for in this Charter in accordance with the procedure set forth in this section a The agency application shall be in writing and state the nature and amount of the appropriation requested and shall be filed with the Board of Selectmen and the Board of Finance Within thirty days after the filing of such application the Board of Selectmen shall make its recommendation to the Board of Finance and within thirty days thereafter the Board of Finance shall either approve or deny the application If recommended by the Board of Selectmen and approved by the Board of Finance the requested appropriation shall be made in accordance with the 29 c Any such extraordinary appropriation adopted prior to the fixing of the tax rate for the current year as provided in Section 8 4 of this Charter shall be included in the amount to be raised by such tax If such appropriation is adopted after the fixing of the tax rate the funds for it shall be obtained by borrowing unless otherwise provided in the vote thereon and the amount so borrowed shall be repaid from the taxes next levied Section 8 7 Expenditures and Accounting a No purchases shall be made by any agency other than the Board of Education and the Library Board for books or periodicals except through the First Selectman b No voucher claim or charge against the Town except the Board of Education shall be paid until the same has been audited by the First Selectman and approved by him for correctness and validity Checks shall be drawn by the First Selectman for the payment of approved claims and shall be valid only when countersigned by the Treasurer 30
In the absence or inability to act of either the First Selectman or the Treasurer with respect to the above duty the Board of Selectmen shall designate a Selectman to substitute temporarily for the First Selectman and the Assistant Treasurer shall act for the Treasurer c When any agency except the Board of Education shall desire to transfer funds within its appropriation from funds set apart for one specific purpose to another before making any expenditure thereof such agency shall first obtain the approval of the First Selectman and thereafter make application to the Board of Selectmen and the Board of Finance and upon approval of the Board of Selectmen and The Board of Finance such transfer may be made but not otherwise d The First Selectman with the approval of the Board of Selectmen and the Board of Finance may within the last three months of the Fiscal Year transfer surplus funds from the appropriations of one or more agencies with prior consent of such agency s to the appropriations of one or more other agencies but only for purposes for which the receiving agency or agencies were authorized to expend appropriated funds during the Fiscal Year e Appropriations for construction or other permanent improvements from whatever source derived shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned provided any such project shall be deemed to have been abandoned if three fiscal years shall have elapsed without any expenditure from or encumbrance of the appropriation therefore Any portion of an annual appropriation remaining unexpended and unencumbered at the close of the Fiscal Year shall lapse f Every payment made in violation of this Charter shall be deemed illegal and every official authorizing or making such payment or taking part therein and every person receiving such payment or any part thereof shall be jointly and severally liable to the Town for the full amount so paid or received If any officer or employee of the Town shall knowingly incur any obligation or shall authorize or make any expenditure in violation of the provisions of this Charter or take any part therein such action shall be cause for his removal and such other sanctions as may be prescribed by law Section 8 9 Contributions The Town shall make no contribution to any person organization or private corporation unless authorized by General Statute and with the approval of the First Selectman the Board of Selectmen and the Board of Finance ARTICLE 9 CONFLICT OF INTEREST AND TRANSITION Section 9 1 Conflict of Interest No member or employee of any board or agency of the Town shall be financially interested or have any personal beneficial interest either directly or indirectly in any contract or purchase order for supplies materials equipment or contractual services furnished to or used by such board or agency Neither any member of the Board of Selectmen or Board of Finance nor the Treasurer Town Clerk or Town Administrator shall be financially interested or have any personal beneficial interest either directly or indirectly in any contract or purchase order for supplies materials equipment or contractual services furnished to or used by the Town or any of its boards or agencies Neither the Treasurer Town Clerk Town Administrator nor any member or employee of any board or agency of the Town shall accept or receive directly or indirectly from any person firm or corporation to which any contract or purchase order may be awarded by the Town by rebate gifts or otherwise any money or anything of value whatsoever or any promise obligation or contract for future reward or compensation None of the foregoing shall apply with respect to mere shareholding in any publicly owned company whose stock is traded on any major stock exchange Any violation of this Section 1 shall render any such transaction voidable by the Board of Selectmen or by the Board of Finance if the violation involves a Selectman and 2 may be cause for dismissal or removal from office civil prosecution and or criminal prosecution all as the law may allow Section 9 2 Existing Laws and Ordinances The Town shall have the power to incur indebtedness by issuing its bonds or notes as provided by the General Statutes subject to the limitations thereof and the provisions of Sections 2 4 2 5 8 4 8 5 and 8 6 of this Charter All ordinances of the Town shall continue in full force and effect except insofar as they are inconsistent with the provisions of this Charter All special acts or parts of special acts relating to the Town of Weston except those expressly retained by or in the provisions of this Charter are repealed The following special acts or parts thereof are retained 31 32 Section 8 8 Power to Incur Indebtedness
Resolution of the Second Thursday of October 1787 incorporating the Town of Weston Act of July 22 1875 to set off Weston to the Probate District of Westport Resolution of March 9 1877 establishing and continuing the line between the towns of Weston and Wilton Special Act Special Act Special Act Special Act Special Act Special Act No 151 of No 84 of No 149 of No 567 of No 620 of No 27 of 1921 1933 1933 1939 1955 1979 1st provided however that at no time after the General Election next following the passage of this Charter provision shall any person be eligible to be elected as Chairman who has served in that office for eight or more successive years This section shall not apply to the Board of Selectmen Any newly constituted Board or Commission shall elect a Chairman and Vice Chairman by its second meeting Section 10 2 Minutes Each board and commission shall make keep and maintain a record of the proceedings of its meetings The vote of each member upon any issue at such meeting shall be recorded and made available for public inspection within forty eight hours excluding any Saturday Sunday or legal holiday and shall also be recorded in the minutes of the session at which taken which minutes shall be available for public inspection within seven days of the session to which they refer Such minutes shall be kept in the office of the Town Clerk Section 9 3 Agency Records and Property Section 10 3 Executive Sessions The records and property of existing agencies shall become the records and property of successor agencies established under this Charter and such successor agencies shall have the same duties and powers their predecessors had except as otherwise specifically provided in this Charter Section 9 4 Legal proceedings No action or proceeding civil or criminal pending on the effective date of this Charter brought by or against the Town or any agency thereof shall be affected or abated by the adoption of this Charter or by anything herein contained but all such actions or proceedings may be continued notwithstanding that functions powers and duties of any agency party thereto may by or under this Charter be assigned or transferred to another agency but in that event the same may be prosecuted or defended by the head of the agency to which such functions powers and duties have been assigned or transferred by or under this Charter ARTICLE 10 CONDUCT OF BUSINESS ELECTED AND APPOINTED BOARDS AND COMMISSIONS Section 10 1 Chairmen and vice Chairmen Except as otherwise provided by law a Chairman and ViceChairman of each Board or Commission shall be elected each year by the membership of that Board or Commission not later than January 33 Each board or commission may hold an executive session from which the public is excluded upon an affirmative vote of two thirds of the members of such body present and voting taken at a public meeting and stating the reasons for such executive session provided the executive session is held for the purposes set forth in the General Statutes as amended At an executive session attendance shall be limited to members of the body and persons invited by the body to present testimony or opinion Such persons may only remain during the period in which their presence is necessary to present such testimony or opinion and the minutes of the executive session shall disclose all persons in attendance At present the follow1ng provisions from the General Statutes Title 1 18a c are applicable ARTICLE 11 MINORITY REPRESENTATION Except as specifically provided in this Charter the maximum number of any agency elective or appointive who may be members of the same political party will be as specified in the General Statutes 34
Footnote continued Section 12 2 Saving Clause a discussion concerning the appointment employment performance evaluation health or dismissal of a public officer or employee provided that such individual may require that discussions be held at an open meeting b strategy and negotiations with respect to pending claims and litigation c to consider matters concerning security strategy or the deployment of security personnel or devices affecting public security If any section or part of any section of this Charter shall be held invalid by a court of competent jurisdiction such holding shall not affect the remainder of this Charter nor the context in which said section or part thereof so held invalid may appear except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holding shall directly apply Section 12 3 General Laws d e to discuss the selection of a proposed real estate site purchase or lease if publicity regarding such information would cause a likelihood of increased cost of the property under consideration to discuss the matters described in Sec 1 19 b of the General Statutes At present Minority representation provisions are included in General Statutes Title 9 Sections lBB Selectmen and 204 Board of Education and Section 167a which includes the following list Total Membership 3 4 5 6 7 8 9 more than 9 Membership from one Party 2 3 4 4 5 5 6 Two thirds of total membership ARTICLE 12 MISCELLANEOUS PROVISIONS Section 12 1 Amendment of Charter All general laws of the State of Connecticut applicable to towns shall continue in full force and effect except insofar as the provisions of this Charter can legally be and are inconsistent therewith Section 12 4 Effect of Changes in General Statutes The provisions of this Charter shall automatically change concurrently with changes in corresponding sections of the General Statutes except to the extent that as a matter of law the provisions of this Charter may be and remain inconsistent therewith Section 12 5 Transitions To accommodate changes according to this Charter from prior law as to elective versus appointive offices as to changes in terms of offices and as to changes in the number of members on any given board commission or other agency the following shall obtain following the effective date of this Charter a Each person duly holding office as of said date whose term has not expired shall continue to hold such office until the end of that term for which he was in office immediately prior thereto or until earlier vacating same by virtue of resignation death ineligibility removal from office or other cause b As each office is vacated pursuant to a above steps will be pursued which are consistent with causing the provisions of this Charter to be implemented at the earliest possible date This Charter may be amended in the manner prescribed by law 35 36
i Vacancies in formerly appointive offices which are to be elective under the terms of this Charter shall be filled by election at the next ensuing biennial election with any interim vacancies being filled by appointment in accordance with this Charter Section 12 6 Unlocking Voting Machines The unlocking of any voting machine shall be in accordance with the provisions of the General Statutes Section 12 7 Paper Ballots ii Vacancies in formerly elective offices which are to be appointive under the terms of this Charter shall be filled by appointment in accordance with this Charter as they occur If voting machines are not available in sufficient number paper ballots may be used in place of or in conjunction with voting machines Section 12 8 Effective Date iii c Paragraphs i and ii above notwithstanding any increase in the number of members of any Board or Commission shall be accommodated at the biennial election next following the effective date of this Charter if elective or as of the effective date of this Charter if appointive iv Paragraphs i and ii above notwithstanding any decrease in the number of members of any Board or Commission shall be by attrition and shall be accommodated by replacement members not being elected at subsequent biennial elections or not being appointed as the case may be until such time as such election or appointment is appropriate and necessary to carry out the terms of this Charter taking in account provisions to effect staggering of terms of office where appropriate v Any changes in the length of term of any given office to render it in conformity with this Charter shall take place upon each such office being filled pursuant to the provisions of this Charter including the foregoing provisions of this Article This Charter shall become effective on the day following its adoption by the qualified voters of the Town of Weston At present the pertinent portions include General Statutes Title 9 Sections 310 311 and 447 The system of staggered terms of offices heretofore in effect is retained 37 38