LEGAL NOTICE
Notice is hereby given that the following Charter Revisions will be on the Ballot of the next Municipal Election to be held on November 5, 2013. Polling Places are as follows:
District 1: Old Saybrook Middle School, 60 Sheffield Street
District 2: Old Saybrook High School, 1111 Boston Post Road
Hours: 6:00 a.m. to 8:00 p.m.
Signed this date August 13, 2013
Board of Selectmen
Carl P. Fortuna, Jr., First Selectman
Scott M. Giegerich, Selectman
Steven Gernhardt, Selectman
CHARTER
CHAPTER 1
INCORPORATION AND GENERAL POWERS
Section 1. Incorporation.
All the inhabitants dwelling within the territorial limits of the Town of Old Saybrook, as heretofore constituted, shall continue to be a body politic and corporate under the name of "The Town of Old Saybrook", hereinafter in this Charter called "the Town" and as such shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by said Town and not inconsistent with the provisions of this Charter, 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 2. Rights and obligations.
All property, both real and personal, all rights of action and rights of every description and all securities and liens in said Town as of the date when 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. If any contract has been entered into by said Town prior to the effective date of this Charter or any bond or undertaking has been given by or in favor of said Town which contains provisions that the same may be enforced by any office or agency therein named, which is abolished, such contracts, bonds, or undertakings shall be in no manner impaired but 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 said Town.
Section 3. General Grant of Powers.
In addition to all powers granted to towns under the Constitution and general law, 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, the exercise of which is not expressly forbidden by the Constitution and the general law of the State of Connecticut. The enumeration of particular powers in this and any other chapter of this Charter shall not be construed as limiting this general giant of power but shall be construed as an addition thereto.
Section 4. Form of Government.
The Town's form of government shall be Town Meeting/Board of Selectmen as hereinafter set forth in this Charter.
 Section 5. Supremacy of Charter.
In the event of any conflict between this Charter and any ordinance or special act, this Charter shall be deemed to prevail.
Section 6. Amended Charter.
(a) All references herein to "this Charter" shall be deemed to refer to the Charter as amended hereby.
(b) All references herein to "Connecticut General Statutes" shall be deemed to refer to Connecticut General Statutes as amended.
CHAPTER 2
ELECTIONS
Section 1. General.
(a) Nomination and election of federal and state officers, including Registrars of Voters and Justices of the Peace, and of such elective Town officers, boards, and commissions as are provided for in this Charter shall be conducted, and the Registrars of Voters shall prepare lists of electors qualified to vote therefor, in the manner prescribed in the Constitution and the general law of the State of Connecticut, any Special Act relating to the Town and this Charter.
(b) The election of Town officers and the election of members of elective boards and commissions recited in Chapter 5 of this Charter, unless otherwise specifically provided in this Charter, shall be held at the regular biennial municipal election on, the first Tuesday after the first Monday in November of each odd-numbered year.
(c) The terms of all elected Town officials and members of elective boards and commissions, unless specifically provided in this Charter, shall commence on the second Tuesday following their election and they shall hold office until their successors have been chosen and qualified.
(d) Except as otherwise provided in this Charter, all elective Town officers, boards and commissions shall have the powers and duties prescribed by law.
Section 2. Limits on Majority Representation.
Except as otherwise specifically provided in this Charter, the maximum representation from one party on any elective board, commission, committee, or similar body of the Town, shall be as follows:
MAJORITY REPRESENTATION
Column I Column II
Total Membership Maximum from One Party
3 2
4 3
5 4
6 4
7 5
8 5
9 6
More than 9 Two-thirds of total membership
Nothing contained in this section shall be construed to prohibit any unaffiliated elector from being a candidate for or from serving on any elective board, commission, committee or similar body.
Section 3. Voting Districts.
There shall exist such voting districts as may be established pursuant to General Statutes § 9-169. All action taken with respect to voting districts and polling places shall be in accordance with the provisions of Chapter 146 of the General Statutes of Connecticut, as amended.
Section 4. Breaking a Tie.
When any regular or special municipal election, primary election or referendum conducted pursuant to the provisions of this Charter results in. a tie, an adjourned election shall be conducted in accordance with the provisions of Section 9-332 of the General Statutes, as amended, 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 shall be held on the seventh day after the election which resulted in a tie and shall be confined to the tied candidates or issues. Any voting machine, the returns from which are not subject to disagreement, may be unlocked and used in said special election. If voting machines are not available in sufficient number, paper ballots may be used in place of or in conjunction with voting machines.
Section 5. Eligibility.
No person shall be eligible for election to any Town Office who is not at the time of his election an elector of the Town and any person ceasing to be an elector of said Town shall thereupon cease to hold elective office in the Town.
It shall be the responsibility of any person elected to any Town office promptly to provide written notification to the Town Clerk upon ceasing to be an elector of the Town.
 Section 6. Election by Annual Town Meeting when Spaces on Voting Machines are insufficient.
(a) In the event that there are not sufficient spaces on the voting machines of the Town to conduct the election of all offices required to be elected at a regular biennial municipal election, then those offices which cannot be included on said machines shall be subject to election at the Annual Town Meeting following the biennial election.
(b) In the event that such election at the Annual Town Meeting becomes necessary, the terms of such offices shall commence immediately upon the election at the Annual Town Meeting.
(c) In the event that such election at the Annual Town Meeting becomes necessary, the term of office of the incumbent holder of that office shall be extended until his successor is elected at the Annual Town Meeting.
(d) In the event that there are not sufficient spaces on the voting machine of the Town to conduct the election of all offices required to be elected, offices shall be withdrawn to the extent necessary from said voting machines for election at the Annual Town Meeting in the following order:
(1) Planning Commission Board of Alternates.
(2) Zoning Commission Board of Alternates.
(3) Zoning Board of Appeals Board of Alternates.
(14) Parks and Recreation Commission.
(25) Harbor Management Commission.
(36) Board of Assessment Appeals.
(47) Board of Police Commissioners.
CHAPTER 3
THE BOARD OF SELECTMEN
Section 1. The Board of Selectmen.
There shall be a Board of Selectmen consisting of three (3) members, hereinafter referred to as the "Selectmen", who shall be compensated in such manner and amount as the Town Meeting may determine. Said Board shall consist of a First Selectman and two other Selectmen, all of whom shall be elected in accordance with the provisions of this Charter. The term of office for the members of the Board of Selectmen shall be for two (2) years beginning on the second Tuesday next following the day of the biennial municipal election at which such selectmen are elected and until their successors are elected and have qualified.
 Section 2. First Selectman.
The First Selectman shall preside over all meetings of the Selectmen and shall execute the policies of the Board of Selectmen and Town Meeting. He or she, as Chief Executive Officer, shall be recognized as the official head of the Town for all ceremonial purposes, for military purposes, and for the purpose of receiving serving civil process; together with all other duties and responsibilities imposed on him or her by the provisions of This Charter and under general law. During his or her absence or disability, his or her duties shall be performed by another member of the Board of Selectmen, (who shall not also be absent or disabled) chosen by him or her, except as otherwise specifically provided in this Charter:
Section 3. Procedure.
The first meeting of the Board of Selectmen shall be held on the second Tuesday following the date of the biennial municipal election. At the first meeting of the Selectmen following each biennial municipal election said Selectmen shall fix the time and place of their regular meeting. They shall by resolution determine their own rules of procedure. The First Selectman may call special meetings of the Board of Selectmen whenever he or she deems it necessary for it to meet and he or she shall call a special meeting of the Board upon the request of any Selectman. All meetings of the Selectmen for the transaction of business shall be open to the public and a vote shall be recorded as prescribed by Chapter 14 of the General Statutes. Two (2) members shall constitute a quorum, but no ordinance, resolution, or vote, except a
vote to adjourn or to fix the time and place of the next meeting, shall be adopted by less than two (2) affirmative votes.
Section 4. General Powers and Duties.
Except as otherwise specifically provided in this Charter, the Selectmen shall have the powers and duties which are conferred by the Constitution of the State of Connecticut and general law of the State upon boards of selectmen, together with such specific powers as may be vested in them as provided under the provisions of this Charter.
Section 5. Additional Powers.
(a) The Board of Selectmen, when requested by any Town agency, and after the approval of the Board of Finance, may make special appropriations in amounts not to exceed, in total for that agency, $25,000.00 in any one fiscal year.
(b) Except to the extent otherwise provided in. the Connecticut General Statutes, the Board of Selectmen may administer in whole or in part (i) the purchase of supplies, materials, and other items required by any officer, board, commission or agency of the Town except the Board of Education and the Board of Finance; (ii) the maintenance or custodial work of any public building, park, playground, road or other facility under the care of any officer, board, commission or agency of the Town, except any thereof under the care of the Board of Education and the Board of Finance .
(c) Notwithstanding any ordinance to the contrary, the Board of Selectmen shall make such appointments specified in this Charter, or under any special act of the Connecticut Legislature relating to the Town or as is provided under general law.
(d) The Board of Selectmen may employ and may remove such staff with such powers, duties, and responsibilities as it may deem desirable to carry out the duties and responsibilities of the Board of Selectmen, consistent, however, with collective bargaining agreements and, with respect to employment, budgetary approval.
(e) The Board of Selectmen may, by resolution, establish such advisory or study committees as the Board finds helpful or desirable in the discharge of its duties.
CHAPTER 4
FIRST SELECTMAN
Section 1. Nature of Office.
(a) The First Selectman, in-addition to the duties and responsibilities set forth or referred to in Chapter 3 of this Charter, shall be the chief administrative officer of the Town and shall have all the powers and duties of First Selectman described by the General Statutes and by the provisions of this Charter. He or she shall serve full time in the position.
(b) The First Selectman shall be a full voting and participating member of the Board of Selectmen.
(c) The First Selectman shall be an ex-officio member, without vote, of all boards, commissions, and committees of the Town as is recited in Section 7-12(a) of the General Statutes of the State of Connecticut. He or she shall not be considered in establishing a quorum for meetings of any such boards, commissions and committees.
Section 2. Duties.
(a) The First Selectman shall administer and execute, or cause to be administered and executed, the Town ordinances, the regulations, resolutions or policies voted,- enacted, or adopted by the Board of Selectmen and the Town Meeting.
(b) The First Selectman shall be responsible for coordinating the administrative activities of the officers, boards, commissions, and other agencies of the Town with the exception of those functions delegated exclusively to such bodies by law.
(c) The First Selectman shall be responsible for a continuing review of the current and future needs of the Town, including the financial needs and budget requirements. The First Selectman shall keep full and complete records of the doings of his or her office and shall, be responsible for the keeping of complete books of the Town showing the financial condition and financial transactions of the Town, including accounts of all funds and appropriations and such other accounts and records not specifically required by law to be kept by other officers, all as may be prescribed by the Selectmen. Such other records shall include, but not be limited to, all insurance policies held by the Town, including name and address of carrier, policy numbers, and agents of record. Such insurance information shall be filed with the Town Clerk to be stored in the Town vault.
(d) The First Selectman shall purchase or cause to be purchased, subject to such rules and regulations as shall be prescribed by the Selectmen, all supplies, materials, equipment and other commodities required by any office or agency of the Town except the Board of Education and Board of Finance, and except for those offices, boards, commissions and agencies which, under the provisions of this Charter, ordinance, Special Act, or General Statutes of Connecticut, purchase such items in the performance of their own particular function.
Section 3. Delegation of Duties.
Except as to such powers and duties which may not under the General Statutes of Connecticut be delegated to any other authority, the First Selectman may assign and delegate his or her duties and powers to another elector of the Town, subject to the approval of any of the other Selectmen and to officers and employees responsible to him or her or the Board of Selectmen.
CHAPTER 5
ELECTIVE OFFICERS, BOARDS AND COMMISSIONS
Section I. Powers and Duties.
Except as otherwise provided in this Charter, all elected Town officers, boards and commissions shall have the powers and duties prescribed by law. All such officers and members of boards and commissions shall be sworn before taking each term of office and the officer administering the oath shall record such fact in the Office of the Town Clerk in accordance with the requirements of the Connecticut General Statutes.
Section 2. Elective Officers, Boards and Commissions.
The following Town officers, boards and commissions shall be elective, and all others shall be appointive: First Selectman, Selectmen, Town Clerk, Tax Collector, Town Treasurer, the Board of Finance, the Board of Assessment Appeals, the Zoning Board of Appeals and its Panel of Alternates, the Board of Education, the Planning Commission and its Panel of Alternates, the Zoning Commission and its Panel of Alternates, the Parks and Recreation Commission, the Board of Police Commissioners, the Harbor Management Commission and the Registrars of Voters.
Section 3. Board of Selectmen.
The Board of Selectmen shall consist of the First Selectman and the two Selectmen who shall be elected at each biennial municipal election in accordance with the procedure and subject to the requirements, of Section 9-188 of the General Statutes of Connecticut. The term of office for members of the Board of Selectmen shall be two years. The powers and duties of the Board of Selectmen and the First Selectman
are set forth as Chapter 3 and Chapter 4 of this Charter.
Section 4. Town Clerk.
The Town Clerk shall serve for a term of four (4) years. His or her term of office shall commence on the first Monday of January, next succeeding his or her election. He or she shall have all the powers and duties prescribed by the Constitution and the General Statutes of Connecticut, and of this Charter. He or she shall be, ex officio, the Registrar of Vital Statistics of the Town. He or she shall appoint and may remove all assistants and employees of his or her office, subject to the provisions of such collective bargaining contracts as may be entered into by the Town, and to budgetary approval.
Section 5. Tax Collector.
The Tax Collector shall have all of the powers and duties prescribed by the General Statutes of Connecticut, and by this Charter. Beginning with the next municipal election following the adoption of this Charter revision, the The Tax Collector shall serve for a term of four (4) years. He or she may appoint and may remove all assistants and employees of his or her office, subject to the provisions of such collective bargaining contracts as may be entered into by the Town, and to budgetary approval.
Section 6. Town Treasurer.
The Town Treasurer shall serve for a term of two (2) years and shall have all of the powers and duties prescribed by the General Statutes of Connecticut and by this Charter.
Section 7. Other Officers and Employees.
Elective Town officials, boards, commissions and agencies have the right to hire and may remove such assistants as may be necessary for the performance of their duties, conditioned on and subject to their securing budget approval for this purpose and consistent with such collective bargaining contracts as may be entered into by the Town.
Section 8. Board of Finance.
(a) Composition. The Board of Finance shall consist of seven (7) members, each of whom shall serve for a term of four (4) years. The terms of the members shall be staggered so that three (3) members shall be elected at a regular biennial municipal election and four (4) members shall be elected at the following regular biennial municipal election.
(b) Duties and Powers. The Board of Finance shall have all of the duties, responsibilities and powers granted to or imposed upon boards of finance by the General Statutes of Connecticut, Chapter 106, and by this Charter.
(c) Annual Audit. The Board of Finance shall designate an independent certified public accountant or firm of independent certified public accountants to audit the books and accounts of the Town annually in accordance with the provisions of Chapter 111 of the General Statutes. No such independent certified public accountant or firm of independent certified public accountants shall be designated for more than six (6) consecutive years, except that a single one (1) year extension beyond the six (6) consecutive years may be granted upon a two-thirds vote of the Board of Finance.
Section 9. Board of Assessment Appeals.
(a) Composition. The Board of Assessment Appeals shall consist of three (3) members, each of whom shall serve for a term of four years. The terms of the members shall be staggered so that one (1) member shall be elected at a regular biennial municipal election and two (2) members shall be elected 'at the following regular biennial municipal election. For the purpose of transition, at the 2005 regular biennial municipal election, two members shall be elected to serve for a term of four years, and one member shall be elected to serve for a term of two years. Thereafter, members shall be elected at each regular biennial municipal election to succeed those members whose terms will have so expired.
Notwithstanding the foregoing, the Board of Selectmen may, without Town Meeting approval, appoint up to five (5) additional members of the Board of Assessment Appeals, to hear appeals from any full or statistical town-wide revaluation.
(b) Duties and Powers. The Board of Assessment Appeals shall have all of the duties, responsibilities and powers granted to boards of assessment appeals under the provisions of Chapter 203 of the General Statutes of Connecticut and by this Charter.
Section 10. Zoning Board of Appeals and Zoning Board of Appeals Panel of Alternates.
(a) Composition of Zoning Board of Appeals. The Zoning Board of Appeals shall consist of five (5) members, each of whom shall serve for a term of four (4) years. Two members shall be elected at a regular biennial municipal election; three members shall be elected at the following regular biennial municipal election.
(b) Composition of Zoning Board of Appeals Panel of Alternates. The Zoning Board of Appeals Panel of Alternates shall consist of three (3) members who shall be elected at each regular biennial municipal election to serve for a term of two (2) years.
(bc) Powers and Duties. The Zoning Board of Appeals and the Zoning Board of Appeals Panel of Alternates shall have the power and duties as prescribed in Chapter 124 of the General Statutes of Connecticut.
Section 11. Board of Education.
(a) Composition. The Board of Education shall consist of nine (9) members, each of whom shall serve for a term of four (4) years. The terms of the members shall be staggered so that four (4) members shall be elected at a regular biennial municipal election and five (5) members shall be elected at the following regular biennial municipal election.
(b) Powers and Duties. The Board of Education shall have all of the duties, responsibilities and powers granted to or imposed upon boards of education by the General Statutes of Connecticut and by this Charter.
Section 12. Planning Commission.
(a) Composition. The Planning Commission shall consist of five (5) members, each of whom shall serve for a term of four (4) years. Two members shall be elected at a regular biennial municipal election; three members shall be elected at the following regular biennial municipal election.
(b) Composition of Panel of Alternates. The Planning Commission Panel of Alternates shall consist of three (3) members who shall be elected at each regular biennial municipal election to serve for a term of two years.
(bc) Vacancies. Vacancies for the terms of regular members of the Planning Commission shall be filled by the Commission within forty-five (45) sixty (60) days from the time the office becomes vacant, for the unexpired portion of the term. Vacancies for the terms for the alternate members of the Planning Commission shall be filled by appointment by the Board of Selectmen.
(cd) Powers and Duties. The Planning Commission shall have all of the powers and duties as prescribed in Chapter 126 of the General Statutes of Connecticut.
Section 13. Zoning Commission.
(a) Composition. The Zoning Commission shall consist of five (5) members, each of whom shall serve for a term of four (4) years. Two members shall be elected at a regular biennial municipal election; three members shall be elected at the following regular biennial municipal election.
(b) Composition of Panel of Alternates. The Zoning Commission Panel of Alternates shall consist of three (3) members who shall be elected at each regular biennial municipal election to serve for a term of two (2) years.
(bc) Powers and Duties. The Zoning Commission shall have all of the powers and duties prescribed in Chapter 124 of the General Statutes of Connecticut.
Section 14. Parks and Recreation Commission.
(a) Composition. The Parks and Recreation Commission shall consist of seven (7) members, each of whom shall serve for a term of four (4) years, three of whom shall be elected at a regular biennial municipal election and four of whom shall be elected at the following regular biennial municipal election. No more than four (4) members of the Commission shall be of the same political party.
(b) Powers and Duties. The Parks and Recreation Commission shall have the duties and powers granted to such commissions by the General Statutes of Connecticut, and by Old Saybrook Code Chapter 44, as amended.
Section 15. Board of Police Commissioners.
(a) Composition. The Board of Police Commissioners shall consist of seven (7) members, each of whom shall serve for a term Oof four (4) years, four (4) of whom shall be elected at a regular biennial municipal election and three (3) of whom shall be elected at the following regular biennial municipal election. They shall be elected in accordance with the provisions of Section 7-274 of the General Statutes of Connecticut.
(b) Powers and Duties. The Board of Police Commissioners shall have the duties and powers granted to boards of police commissioners by the General Statutes of Connecticut.
Section 16. Harbor Management Commission.
(a) Composition. The Harbor Management Commission shall consist of five (5) members, each of whom shall serve for a term of four (4) years, three of whom shall be elected at a regular biennial municipal election and two of whom shall be elected at the following regular biennial election. Not more than three (3) members of the Commission shall be of the same political party. The Director of Health and the Harbor Master for the Town shall be ex-officio members of said commission, without vote.
(b) Powers and Duties. The Harbor Management Commission shall have the duties and powers granted to such commissions by Connecticut General Statutes, Sec. 22a-113k and 22a-1131, by this Charter, and by Old Saybrook ordinances_
Section 17. Vacancies.
(a) Vacancies in the Board of Selectmen shall be filled in accordance with the procedures prescribed under the provisions of Connecticut General Statutes, Sec. 9-222.
(b) Unless otherwise specifically provided in this Charter, a vacancy in any other elective town office, from any cause, shall be filled at the next municipal election, but, until such vacancy is so filled, it shall be filled by the selectmen. The Board of Selectmen shall make such appointments within sixty (60) forty-five (45) days of the date of the office became vacant. If the Board of Selectmen shall fail to fill any vacancy in an elective office on or before sixty (60) forty-five (45) days after receiving written notice of such vacancy the board or commission within which such vacancy has occurred shall itself fill such vacancy. For the purpose of the limits on. majority representation set forth in Chapter 2, Section 2 of this Charter, the party affiliation of any person filling a vacancy under provisions of this section shall have priority over the party affiliation of persons elected to said board for new terms of office.
(c) Any elected official, board or commission member may resign his or her office by notifying the Town Clerk in writing. The office shall be deemed vacant on the effective date indicated in such letter of resignation, except that any elective office shall be deemed to be vacant as of the date the elected official, board or commission member ceases to be an elector of the Town.
CHAPTER 6
APPOINTIVE BOARDS
Section I. Board of Selectmen Appoint.
(a) Unless otherwise specifically provided under this Charter, the Board of Selectmen shall appoint the members of all appointive boards, commissions, and committees.
(b) All members of appointive boards, commissions, and committees shall be qualified electors of the Town. and And their positions shall be deemed to be vacated upon their ceasing to be electors of the Town. It shall be the responsibility of each member of an appointive board, commission or committee promptly to provide written notification to the Town Clerk upon ceasing to be an elector of the Town.
Section 2. Terms of Office.
(a) The terms of office of all members of appointive boards, commissions, and agencies shall be as specified in this Charter or the statute, special act, ordinance or resolution authorizing or establishing any such board, agency, or commission. They shall be sworn before each of their respective terms, and each officer administering the oath shall record such fact in the Office of the Town Clerk. Unless otherwise provided by this Charter or such statute, special act, ordinance or resolution, the terms of office of members of such appointive boards, commissions and agencies shall continue until their successors have been appointed and qualified
(b) A member of any appointive board, commission, or agency may resign his or her office by notifying the Town Clerk in writing. The office shall be deemed vacant on the effective date indicated in such letter of resignation, except that any such office shall be deemed to be vacant as of the date the member ceases to be an elector of the Town. Vacancies in all appointive boards shall be filled by the Board of Selectmen within sixty (60) forty-five (45) days from the effective date such vacancy is made known to the Town Clerk. If the Board of Selectmen shall fail to fill any vacancy in an appointive office on or before sixty (60) forty-five (45) days after receiving written notice of such vacancy the board or commission within which such vacancy has occurred shall
itself fill such vacancy. For the purpose of the limits on majority representation set forth below, the party affiliation of any person filling a vacancy under provisions of this section shall have priority over the party affiliation of persons appointed to said board for new terms of office.
Section 3. Majority Representation.
Except as otherwise provided in this Charter, Mmajority representation on any appointive board, commission, agency or committee shall be limited as specified under the provisions of Chapter 2, Section 2 of this Charter. Nothing herein shall be construed to prohibit any unaffiliated elector from being a candidate for or from serving on any appointive board, commission, committee or similar body.
Section 4. General Powers and Duties.
Except as otherwise provided in this Charter, all appointive boards, commissions and agencies shall have all the powers and duties prescribed by the General Statutes of Connecticut, by this Charter, and by the ordinance, special act or resolution authorizing or establishing said board, commission or agency.
Section 5. Existing Boards Created by Ordinance.
(a) The following boards, commissions and agencies of the Town, having heretofore been created by ordinance of said Town are hereby continued and established under this Charter: The Economic Development Commission, Public Health Nursing Board, Old Saybrook
Municipal Cemetery Committee, Conservation Commission, Acton Public Library Board
of Directors, Building Code Board of Appeals, Pension and Employee Benefits Board, Youth and Family Services Commission, and Inland Wetlands and Watercourses Commission, Architectural Review - Board, Historic District Commission, Shellfish .Commission, and Water Pollution Control Authority and Ethics Commission.'
(b) Town Meeting may, by ordinance, create additional appointive boards and specify their powers and duties. Town Meeting may, by ordinance, abolish or consolidate appointive boards and commissions, and may likewise alter their powers and duties and change the numbers and terms of their members.
Section 6. Existing Commissions or Committees Created by Resolution.
(a) Any commission or committee created by Town Meeting Resolution shall continue in existence in accordance with the provisions of the Resolution establishing and authorizing said commission or committee.
(b) Town Meeting may, by resolution, create additional appointive boards and specify their powers and duties. Town Meeting may, by resolution, abolish or consolidate appointive boards and commissions created by resolution, and may likewise alter their powers and duties and change the numbers and terms of their members.
Section 7. Panels of Alternates to the Zoning Commission, the Planning Commission and the Zoning Board of Appeals, respectively, authorized by the General Statutes of Connecticut and heretofore existing as elective panels, are hereby continued as appointive panels. Each Panel shall consist of three (3) members serving for terms of two (2) years.
CHAPTER 7
ADMINISTRATIVE AND ADVISORY OFFICIALS AND EMPLOYEES
Section I. Terms of Office.
(a) The terms of office, qualifications and method of appointment of all administrative and advisory officials and employees shall be as provided under the provisions of the General Statutes of Connecticut, except as otherwise specified in this Charter.
(b) Vacancies in administrative and advisory offices shall be filled by the appointing authority within sixty (60) days from the time such vacancy is made known to such authority.
Section 2. Town Counsel.
(a) Appointment and Duties. The Selectmen shall, by resolution at a meeting to be held not later
than thirty (30) days after the first meeting of the Board of Selectmen after its election appoint a Town Counsel. The Town Counsel shall be an attorney at law (or a law firm) admitted to practice law in this state. Town Counsel 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 officers, boards, commissions or agencies or members thereof in relation to their official duties. Town Counsel shall be legal advisor to all Town officials, boards, commissions or agencies in all matters affecting the Town and shall upon written request furnish them with a written opinion on any question of law involving their respective powers and duties. Upon request Town Counsel shall prepare or approve forms of contracts or other instruments to which the Town is a
party or in which it has an interest.
(b) Counsel for Independent Boards, Commissions, Agencies and Officials. Notwithstanding the provisions of the Paragraph (a) of this Section, independent boards, commissions, agencies and officials of the Town may, subject to budget approval, have and retain other legal counsel of their choice with respect to their particular activities.
Section 3. Town Engineer.
The Board of Selectmen may, subject to budget approval, obtain the services of a qualified civil engineer. The engineer shall advise the Board of Selectmen on all engineering projects affecting the Town. Upon request, the engineer shall prepare or approve ordinances or regulations dealing with technical requirements. The engineer may supervise such Town projects and advise such other Town agencies as is authorized and directed by the Board of Selectmen.
 Section 4. Other appointed officials and employees.
Subject to the provisions of such collective bargaining contracts as may be entered into by the Town, the Board of Selectmen shall appoint, and may remove, those officials and employees as are required by statute, an Emergency Management Coordinator, a Fire Marshal, a Deputy Fire Marshal, a Building Official, a Town Planner, an Assessor, and may appoint and remove such other officials and employees as are or may be permitted by law. These officials and employees shall have the powers, duties and responsibilities set forth under the General Statutes of Connecticut with respect to their particular office.
CHAPTER 8
FINANCE AND TAXATION
Section 1. Submission of Estimate of Expenditures.
Each board, commission, department, agency or official of the Town shall, on or before January 15th of each year, submit to the First Selectman, on forms provided by him, a detailed estimate of the expenditures to be made by said board, commission, department, agency or official for the Town fiscal year beginning July 1st of that year, together with a statement of revenues (other than tax revenues) which are estimated to be collected by such board, commission, department, agency, or official for said ensuing fiscal year; provided, however, that said submission by the Board of Education shall be on or before March 1st of each year, rather than January 15th thereof. For those boards, commissions, departments, agencies and officials which provide programs and services, budgets shall be accompanied by a statement or
statements, in narrative form, describing such programs or services which have been accomplished or expect to be accomplished during its present fiscal year, and those such programs and services which are expected to be accomplished in the next ensuing fiscal year.
Section 2. Compilation of Budgets by First Selectman.
The First Selectman shall compile all General Government budgets no later than February 15th of each year, and present to the Board of Selectmen a consolidated proposed budget consisting of the following:
(a) A Budget Message which states the present financial condition of the Town and any changes proposed for the ensuing fiscal year.
(b) A statement of revenue estimates which shall include receipts collected during the then current fiscal year, last monthly financial report, estimated receipts for the remainder of the then current fiscal year, and estimates of revenue (excluding tax revenue) for the next ensuing fiscal year.
(c) A statement of expenditure estimates which shall include itemized expenditures made by each board, commission, department, agency or official for the last completed fiscal year, expenditures made during the then -current fiscal year to the date of the last monthly financial report, estimated expenditures for the remainder of the then current fiscal year, and estimates of expenditures for the next ensuing fiscal year.
(d) A recommendation as to any capital projects to be undertaken by the Town during the next ensuing fiscal year, together with a recommendation as to the method or methods of financing the same.
Section 3. Presentation of completed budget.
On or before March 1st of each year, the Board of Selectmen shall present its completed budget to the Board of Finance. Following the receipt of said budget from the Board of Selectmen, the Board of Finance shall hold a public hearing prior to April 1st, at which time the First Selectman will present the proposed General Government Budget. Also, prior to April 1st, the Board of Finance will hold a public hearing at which time the Board of Education will present the proposed Board of Education Budget. Following such public hearings and at least two (2) weeks before the Annual Town Budget Meeting, the Board of Finance shall hold a public hearing, at which time it will present a proposed Town Budget, together with a statement of anticipated revenues and estimated mill rate based upon such proposed Town Budget. The
Board of Finance may hold additional public hearings if it deems the same necessary. At any of the public hearings referred to in this section, any elector or taxpayer may be heard regarding the proposed budget for the next ensuing fiscal year.
The Board of Finance shall receive from the Board of Selectmen and the Board of Education their respective proposed budgets (the budget) by March 1, or should March 1 fall on a weekend or holiday, the next business day. The Board of Education shall also submit to the Board of Selectmen its preliminary proposed budget by February 15 for review.
The Board of Finance may hold hearings with any Department, Office, Board, Commission or Agency on the proposed budget. The Board of Finance may revise the estimates as it deems appropriate and shall complete the budget for the ensuing fiscal year and its report. Not less than two weeks before the Annual Budget Town Meeting, the Board of Finance shall hold one or more public hearings at which itemized estimates of the expenditures of the town for the ensuing fiscal year shall be presented and at which any elector or taxpayer may have an opportunity to be heard regarding the itemized estimates for the ensuing year. At said public hearing(s), the First Selectman and the Board of Education will present their respective budgets. Printed copies of the proposed budget shall be available on the Town's
website, at the Office of the Town Clerk and at such other locations as the Board of Finance may prescribe. Also, not less than two weeks before the Annual Budget Meeting, the Board of Finance shall meet, at which time it shall consider the estimates so presented against projected revenues and shall propose a recommended budget and shall thereupon prepare and cause to be published in a newspaper of general circulation in the Town a report in accordance with Connecticut General Statutes Sec. 7-344. The Board shall present the recommended budget to the Annual Budget Meeting.
Section 4. Adoption of Budget.
(a) Annual Budget Meeting. The Annual Budget Meeting shall be held not less than one month prior to the beginning of the next ensuing fiscal year for the purpose of action upon the budget, in accordance with the provisions of Section 7-388 of the General Statutes of the State of Connecticut, as amended.
The Annual Budget Meeting shall be held on the first Monday in May each year. It shall receive a "State of the Town" address by the First Selectman. The Board of Finance shall present the final proposed budget, with an estimate of revenues and mill rate. The call of the Town Meeting shall present as separate resolutions the Town Government Budget and the Board of Education Budget to be voted upon in referendum. The Annual Budget Meeting shall be adjourned to referendum for a vote. The Budget Resolutions will be submitted to persons who are otherwise qualified to vote in a Town Meeting, which shall take place not less that seven (7) nor more than fourteen (14) days thereafter, on a day to be set by the Board of
Selectmen. At least five (5) days prior to such referendum the Board of Selectmen shall publish, as prescribed by state statute, a notice of such referendum, setting forth the date on which, the hours during which and location at which the referendum will be held and the text of the questions as they will appear on the ballot.
The text shall be as follows for both questions: YES/NO
1. In favor of the proposed Town Government in the Town of Old Saybrook for the fiscal year July 1, to June 30__ in the amount of $___________________?
2. In favor of the Board of Education Budget of the Town of Old Saybrook for the fiscal year July 1, to June 30, in the amount of $___________________?
(b) Referendum.
(1) Petition. At least 14 days prior to the first Annual Budget Meeting, the Town Clerk shall prepare and have available in his or her office a petition requesting a referendum vote on the budget. If, at least twenty-four (24) hours prior to such meeting, at least one hundred (100) persons entitled to vote at such meeting have signed such petition (or a petition conforming to the requirements of Section 7-7 of the General Statutes of 'Connecticut on the same question), then the question of the adoption of said proposed Annual Budget shall be decided by a "yes" or "no" vote on two separate questions, the first concerning the General Government budget and the second concerning the Board of Education budget, on the voting
machines in accordance with the provisions of Section 7-7 of the General Statutes of Connecticut. In the event that a proposed budget shall be rejected, then the same procedure shall be established with regard to any subsequent budget meetings for that fiscal year; provided, however, that such petition shall be available five (5) days prior to any such subsequent meeting. The provisions of this paragraph shall be considered to be in addition to and not in lieu of the provisions of said Section 7-7 of the General Statutes of Connecticut with regard to the requirement of "by voting machine."
(2)
(b) Referendum questions. Advisory questions may be added or deleted, to the budget referendum ballot from time to time only by Ordinance duly adopted for this purpose by the Board of Selectmen.
(c) Rejection of budget. In the event that a budget is rejected by Town. Meeting or by referendum vote, the Board of Finance shall hold a public meeting at which it may revise its estimates and recommendations. Following such public meeting, the Board of Finance shall submit such estimates and recommendations to a special town budget meeting, to be conducted in the same manner as the Annual Budget Meeting. No further
budget report, other than the call of the special budget town meeting, need be published prior to such special town budget meeting, provided that such estimates and recommendations shall be available at the Town Clerk's office at least five days prior to the special town budget meeting. Such special town budget meeting may be adjourned to a referendum pursuant to section 4(b)(1) of Chapter 8 of this Charter.
Should either budget section fail to be approved by the majority of those voting thereon, the Board of Finance shall resubmit a budget, which may contain revised estimates and recommendations, to a referendum to be held fourteen (14) days following the date the initial referendum was defeated. The Board of Finance shall hold at least one public hearing upon five (5) days legal notice prior to re-submitting a budget for consideration. No further budget report, other than Notice of the new referendum date, need be published prior to the subsequent referendum provided that such estimates and recommendations shall be available at the Town Clerk's office at least five (5)
days prior to the referendum vote. This process shall be repeated at two week intervals until such time as a budget is adopted.
Section 5. Laying of tax.
The Board of Finance shall lay a tax on the grand list in accordance with Connecticut General Statutes § 7-344 only after the budget has been approved, provided that if any fiscal year shall begin without a budget's having been approved, the Board of Finance shall be authorized to lay such tax on the grand list as the Board deems advisable in accordance with Connecticut General Statutes § 7-344.
Section 6. Multi-year employment and personal services contracts.
No Officer, Board, Commission or other agency of the Town of Old Saybrook shall enter into any employment or personal services contract, written or oral, which extends for a period of more than one year unless the following has occurred.
(a) That the entity entering into the contract has the legal authority to bind the Town of Old Saybrook for the performance of said contract. The legal opinion of legal authority shall be provided in writing by Town Counsel or by the duly appointed counsel for the Officer, Board, Commission or other agency as authorized under Chapter 7, Section 2(b). The legal opinion shall be included in the minutes or official records of such entity approving and entering into the contract.
(b) That the monetary obligation of such contract shall have been reviewed and approved by the Board of Finance for inclusion in the applicable Town General Government budgets for the term of the contract. For purposes of this Section, the term monetary obligation shall also include benefits and contractual extras as estimated by the Board of Finance for budgetary purposes.
© The provisions of this Section shall not apply to contracts entered into by the Old Saybrook Board of Education, collective bargaining agreements entered into by the Town under the provisions of Section 7-467 to 7-477 of the Connecticut General Statutes, agreements incorporated under municipal bonding under the provisions of Section 7-367, any other contract for goods or other services, any multi-year contract entered into prior to the effective date of this Section or any contract required by this Charter or by law to be approved otherwise.
(d) Nothing contained in this Section shall exempt any such contract for employment and personal services from the provisions of Section 8 of this Chapter.
Section 7. Emergency contracts.
When the Chief Executive Officer of the Town declares a local state of emergency in accordance with the provisions of Title 28 of the Connecticut General Statutes, he shall also declare the source of municipal funding to be used when procuring goods or services to prepare for, respond to, and recover from said emergency.
Following the declaration of a local state of emergency, the Town's procurement policies and ordinances are suspended for the duration of the state of emergency, including the provisions of the town Bidding Ordinance, and the need to obtain Board of Selectmen, Board of Finance and/or Town Meeting approval as would normally be required, solely for expenses related to the declared emergency; and the Chief Executive Officer, or his designee, pursuant to the authority of Connecticut General Statutes Section 28-8a, and solely for the duration of the declared local state of emergency, may take such action as he deems necessary to mitigate said emergency, including the incurring of expenses and the contracting for goods and services without limitation so
long as the expenditures are related to said emergency.
Section 86. Budget procedures and schedules.
Except to the extent otherwise provided by this Charter, including those provisions set forth in this chapter, all procedures and schedules of budgeting and finance of the Town shall be governed by the Connecticut General Statutes.
CHAPTER 9
THE TOWN MEETING
Section 1. Legislative Power.
(a) The entire legislative power of the Town shall be vested in the Town Meeting.
(b) The members of the Town Meeting shall be the electors of the Town and all other persons entitled to vote at Town Meetings under the provisions of the General Statutes of Connecticut, including but not limited to Section 7-6 thereof
Section 2. Annual Meetings.
An Annual Town Meeting for the transaction of business proper to come before such meeting shall be held on the fourth Monday of November. It may be adjourned from time to time. An Annual Budget Meeting shall be held in accordance with the provisions of Chapter 8 of this Charter.
 Section 3. Special Meetings.
Special Town Meetings shall be called by the Board of Selectmen when it deems it necessary and also when required under the terms of this Charter and when required under the provisions of the General Statutes of the State of Connecticut.
Section 4. Procedure.
All Town Meetings shall be called to order by the First Selectman or his or her representative. A moderator shall be elected and all business conducted in the manner provided by Chapter 90 of the General Statutes of Connecticut, as amended, except as otherwise provided in this Charter. Unless otherwise specifically provided at said meetings, Robert's Rules of Order, revised to the respective date of any such meeting, shall be utilized. The Town Clerk shall serve as clerk of all Town Meetings, but in his or her absence an acting clerk may be designated by the meeting.
Section 5. Emergency Adjournment.
(a) Prior to consideration of any item on the Call, the First Selectman shall have the right to adjourn a Town Meeting to a date not less than three (3) nor more than seven (7) days after the same has been convened when, in his or her opinion, an emergency has occurred because of weather conditions or catastrophe which would cause undue physical risk to those who would attend such meeting at the scheduled date and time.
(b) Prior to the convening of a Town Meeting, the First Selectman shall have the right to cancel the Town Meeting for those reasons stated in Paragraph (a) above, provided that the Meeting is recalled not less than seven (7) nor more than ten (10) days following the date of the originally scheduled Meeting. Any such cancellation is effective upon notification by the First Selectman to the Town Clerk or to either Selectman.
Section 6. Referendum for Town Meeting Questions.
(a) When, in its opinion, it deems it desirable, the Board of Selectmen may, as part of its warning of any Town Meeting, direct that the vote on any question to be acted upon by said Town Meeting be by use of the voting machines of the Town as set forth under the provisions of Connecticut General Statutes, Section 7-7.
(b) In the event that it is recommended to Town Meeting of the Town to bond any indebtedness of the Town under the provisions of Connecticut General Statutes, Section 7-369 that question shall be voted upon by the electors and those qualified to vote at such meetings by use of the voting machines of the Town as set forth under the provisions of Connecticut General Statutes, Section 7-7. 
CHAPTER 10
ETHICS COMMISSION
Section 1. Appointment.
(a) There shall be an Ethics Commission consisting of five (5) members, each of whom shall be appointed by a unanimous vote of the Board of Selectmen. Each appointment shall be effective upon ratification by the Town Meeting. Members of the Commission shall serve for a term of four years. No more than three members shall be members of the same political party.
(b) All members shall be electors of the Town. No member of such Commission shall be employed by the Town or its Board of Education nor shall any member hold or be a candidate for any other municipal office in the Town. A vacancy shall exist when a member ceases to be an elector of the Town or accepts employment by the Town or its Board of Education or accepts another municipal office in the Town or becomes a candidate for any municipal office. For the purpose of this section, a "candidate" shall be any person who declares himself as such or is a candidate as defined under the election laws of the State of Connecticut
(c) Any vacancy on the Commission shall be filled for the unexpired portion of the term by the unanimous vote of the Board of Selectmen. If the Board of Selectmen fails to fill any such vacancy within forty-five (45) days of notice to the Board that a vacancy exists, then the remaining members of the Commission shall fill such vacancy by a majority vote of its members' within forty-five (45) days following the Board of Selectmen's forty-five (45) day period.
Section 2. Powers and Duties.
(a) The Commission shall have the power to:
(1) Amend the Code of Ethics from time to time, provided such amendments shall become effective only upon ratification by the electors and those qualified to vote at Town Meeting.
(2) Establish rules and regulations regarding promulgation of the Code of Ethics to all Town officials and employees affected thereby;
(3) Adopt a procedure for the initiation and handling of complaints, including a procedure by which citizens may file complaints;
(4) Establish regulations and procedures whereby town officials and employees, including, but not limited to, board of education officials and employees, may request and receive advisory opinions from the commission as to whether certain conduct by. such officials or employees complies with the Code of Ethics;
(5) Have all the powers and protections afforded to a municipal ethics commission by section 7-148h of the Connecticut General Statutes, with the exception of the power to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of evidence.
(6) In accordance with Connecticut General Statutes § 7-148h and 1-82a, and notwithstanding any other provision of the General Statutes, this Charter and Town ordinances, including Chapter 11 of this Charter, the provisions of General Statutes § 1-82a, governing confidentiality of complaints, evaluations of possible violations, investigations, and publication of findings, shall apply to the Commission.
(b) In the event that the Commission finds that there has been a violation of the Code of Ethics:
(1) The Commission shall not have the power to fire, suspend, fine or punish any Town official or employee, including, but not limited to, any Board of Education official or employee. The Commission may make recommendations as to actions it deems appropriate to whoever has the power to hire and fire such employee or official; or, in the case of an appointed official who is not an employee of the Town, the Commission may make such recommendations to the appointing body; or in the case of an elected official, the Commission may make such recommendations to the Board of Selectmen.
(2) The Commission may also report its findings and recommendations to any .other authority the Commission deems appropriate for any action deemed necessary.
CHAPTER 101
PUBLIC RECORDS AND MEETINGS
It is the stated policy of the Town that its activities and that of its public agencies to be conducted in such a manner as to provide the maximum amount of public participation and access to its meetings, decisions and records. With regard to this, the requirements and procedures of the Freedom of Information Act, C.G.S. Section 1-200 et seq., shall be strictly followed by all Town boards, commissions, agencies and officials.
CHAPTER 112
TRANSITION AND MISCELLANEOUS PROVISIONS
Section I. Existing Laws and Ordinances.
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 shall continue in full force and effect, except insofar as they are inconsistent with the provisions of this Charter. To the extent that such ordinances, special acts or parts of special acts are inconsistent with the provisions of this Charter, they are repealed.
Section 2, Period During Which No Appointments Can be Made.
The period of time occurring between the date of the regular biennial municipal election and the beginning of the next term of office of the Board of Selectmen on the second Tuesday following said election shall be a transition period during which no appointment shall be made by the Board of Selectmen; provided, however, that temporary emergency appointments may be made by it which appointments shall terminate on the date of said fast meeting of the Board of Selectmen.
Section 3. Amendment of Charter.
(a) The Board of Selectmen shall, at not more than ten-year intervals, appoint a Charter Revision Commission or Charter Amendment Commission. Such Commission shall consist of nine (9) electors of the Town no more than five of whom shall be members of the same political party. Except for the above provisions, said Charter Revision Commission or Charter Amendment Commission shall be appointed and shall perform its duties in accordance with the provisions of Chapter 99 of the Connecticut General Statutes (the Home Rule Law).
(b) The provisions of any Charter amendment shall, become effective upon adoption by Town Meeting.
Section 4. Saving Clause.
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 hereof 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. Where the context indicates, requires, or suggests, the singular shall include the plural and the male gender shall include the female and neuter gender and vice versa.
Section 5. Ordinance Respecting the Ethics Commission.
In the event that the Town shall adopt an Ethics Commission ordinance, Chapter 10 of this Charter shall be of no further force or effect and the Ethics Commission shall be added to the list of Appointed Commissions in Chapter 6, Section 5(a) of this Charter.
Section 6. Transition Between 5 and 7 Member Board of Police Commissioners.
Upon adoption' of this Charter, two vacancies shall exist on the Board of Police Commissioners. Said vacancies shall be filled by the Board of Selectmen pursuant to Chapter 2, Section 5 of this Charter, for a term ending at the next biennial municipal election.
 All persons holding Town offices, whether elected or appointed, all persons having positions of employment, and all persons who are members of existing commissions, boards or agencies of the Town at the time of the effective date of the Charter, shall continue in their respective positions. Those holding elective or appointive terms of office, or memberships on boards, commissions and agencies shall continue to
serve in that capacity for the duration of their said terms. Those persons whose positions may have been abolished or discontinued under the express provisions of this Charter shall continue in the performance of their duties and until provisions shall have been made for the discontinuance of their duties and responsibilities.
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