Sec. 7-190. Commission: Appointment, membership, duties, report, termination. (a) Within thirty days after such action has been initiated by vote of the appointing
authority or by certification of a petition, the appointing authority shall by resolution
appoint a commission consisting of not fewer than five nor more than fifteen electors,
not more than one-third of whom may hold any other public office in the municipality
and not more than a bare majority of whom shall be members of any one political party,
which commission shall proceed forthwith to draft a charter, or amendments to the
existing charter, or amendments to the home rule ordinance, as the case may be.
(b) The appointing authority shall direct the commission to consider those recommendations included in the petition and may make other recommendations to the commission. The commission may also consider other items for inclusion in the proposed
charter, other changes to the charter or home rule ordinance and such other items as it
deems desirable or necessary. The commission shall in its reports comment on each
recommendation which it has been directed to consider, if any, and on such other changes
or items. The appointing authority shall specify by resolution when the commission
shall submit its draft report, which shall be not later than sixteen months from the date
of its appointment.
(c) The commission shall terminate upon acceptance or rejection of its final report
by the appointing authority.
(1957, P.A. 465, S. 4; 1959, P.A. 678, S. 4; 1967, P.A. 76; P.A. 75-179; P.A. 81-451, S. 4, 10; P.A. 83-188, S. 2; P.A.
85-253, S. 4, 10.)
History: 1959 act added home rule ordinance provisions; 1967 act made minor change in wording; P.A. 75-179 distinguished between charter commissions and charter revision or home rule ordinance commissions re report deadlines; P.A.
81-451 divided section into subsections, clarified language of existing provisions, required consideration of recommendations in petition and recommendations of appointing authority, changed deadline for report from eighteen to sixteen months
from date of appointment and added Subsec. (c) re termination of commission, effective October 1, 1982; P.A. 83-188
made minor change in wording of Subsec. (b), requiring submission of draft report rather than of final report; P.A. 85-253
replaced the words "revision of" with the words "amendments to" and made certain technical changes.
Cited. 150 C. 27. Cited. 184 C. 30, 31. Cited. 188 C. 276, 277, 279. Interpretation of statute not unconstitutional. Id.,
276, 277, 280. Cited. 193 C. 1, 4. Cited. 196 C. 623, 630. Cited. 234 C. 513, 529.
Sec. 7-191. Charters, charter amendments and home rule ordinance amendments: Hearings; draft and final report; public notice; referendum; effective date;
filing of copies with Secretary of the State; file maintained by State Library. (a)
The commission shall hold at least two public hearings on the proposed charter, charter
amendments or home rule ordinance amendments; one prior to the beginning of any
substantive work on such charter, charter amendments or home rule ordinance amendments, and one after the draft report to the appointing authority has been completed,
but not submitted, after which hearings the commission may amend such report. The
commission may hold such other public hearings as it deems necessary.
(b) The commission shall submit its draft report, including the proposed charter,
charter amendments or home rule ordinance amendments, to the clerk of the municipality, who shall transmit such report to the appointing authority. The appointing authority
shall hold at least one public hearing on the draft report and shall hold its last hearing
not later than forty-five days after the submission of the draft report to such clerk. Not
later than fifteen days after its last hearing, the appointing authority shall make recommendations to the commission for such changes in the draft report as it deems desirable.
(c) If the appointing authority makes no recommendations for changes in the draft
report to the commission within such fifteen days, the report of the commission shall
be final and the appointing authority shall act on such report. If the appointing authority
makes recommendations for changes in the draft report to the commission, the commission shall confer with the appointing authority concerning any such recommendations
and may amend any provisions of the proposed charter, charter amendments or home
rule ordinance amendments, in accordance with such recommendations, or the commission may reject such recommendations. In either case the commission shall make its
final report to the appointing authority not later than thirty days after receiving such
recommendations.
(d) Not later than fifteen days after receiving the final report, the appointing authority, by a majority vote of its entire membership, shall either approve the proposed charter,
charter amendments or home rule ordinance amendments or reject the same or separate
provisions thereof. Not later than forty-five days after a vote of the appointing authority
to reject such matter, a petition for a referendum thereon, signed by not less than ten
per cent of the electors of such municipality, as determined by the last-completed registry
list thereof, and filed and certified in accordance with the provisions of section 7-188,
may be presented to the appointing authority. Not later than thirty days after approval
by the appointing authority or the certification of such a petition (1) the proposed charter
shall be published in full at least once in a newspaper having a general circulation in
the municipality, or (2) the portion of the charter or home rule ordinance being amended
shall be published at least once in a newspaper having a general circulation in the municipality with a notice that a complete copy of the charter or home rule ordinance and
amendment is available in the town clerk's office and that a copy shall be mailed to any
person who requests a copy. The town clerk shall mail or otherwise provide such copy
to any person who requests a copy.
(e) The appointing authority shall, by a majority vote of its entire membership,
determine whether the proposed charter, charter amendments or home rule ordinance
amendments shall be submitted to the electors for approval or rejection at a regular
election or at a special election warned and held for that purpose, which shall be held
not later than fifteen months after either the approval by the appointing authority or the
certification of a petition for a referendum.
(f) The proposed charter, charter amendments or home rule ordinance amendments
shall be prepared for the ballot by the appointing authority and may be submitted in the
form of one or several questions; and, if approved by a majority of the electors of the
municipality voting thereon at a regular election or if approved by a majority which
number equals at least fifteen per cent of the electors of the municipality as determined
by the last-completed active registry list of such municipality at a special election, such
proposed charter, charter amendments or home rule ordinance amendments shall become effective thirty days after such approval unless an effective date or dates are specified therein, in which event the date or dates specified shall prevail.
(g) Not later than thirty days after the approval by the electors of any proposed
charter, charter amendments or home rule ordinance amendments, the town or city clerk
shall file, with the Secretary of the State, (1) three certified copies thereof, with the
effective date or dates indicated thereon, and (2) in the case of the approval of charter
or home rule ordinance amendments, three certified copies of the complete charter or
ordinance incorporating such amendments. The Secretary of the State shall distribute
two copies to the State Library, where a file of such charters, charter amendments and
home rule ordinance amendments shall be kept for public inspection.
(1953, S. 271d; 1957, P.A. 465, S. 5; 1959, P.A. 678, S. 5; 1963, P.A. 184; P.A. 75-358, S. 1, 2; P.A. 77-196, S. 1; P.A.
79-207; P.A. 81-451, S. 5, 10; P.A. 82-472, S. 14, 183; P.A. 83-188, S. 3; P.A. 84-161; P.A. 85-253, S. 5, 10; P.A. 87-387, S. 3; P.A. 96-134, S. 6, 9; P.A. 00-92, S. 6; P.A. 02-89, S. 7; P.A. 03-99, S. 1.)
History: 1959 act added home rule ordinance provisions and changed "general" election to "regular" election; 1963
act specified subject matter of mandatory hearing by commission and provided for referendum re rejected matter on petition
of electors; P.A. 75-358 made specific provisions re effective dates for charters, home rule ordinances etc., re validations
of actions of municipality or its administrative agencies or officials; P.A. 77-196 required filing with secretary of the state
within fifteen days rather than seven days; P.A. 79-207 required two public hearings rather than one, one before the
substantive work and one after report is drafted but before its submission; P.A. 81-451 divided section into subsections,
clarified language of existing provisions, changed time for hearing from thirty to forty-five days after submission of draft
report, reduced the per cent of electors necessary to force a referendum from fifteen to ten per cent, required that election
be held within fifteen months rather than one year after approval or certification of petition and provided that the appointing
authority shall prepare the ballot, effective October 1, 1982; P.A. 82-472 made technical corrections; P.A. 83-188 made
minor changes in wording of Subsec. (b); P.A. 84-161 amended Subsec. (h) to provide for thirty-day filing period rather
than fifteen-day period; P.A. 85-253 changed "revised charter" to "charter amendments" and "revised home rule ordinance"
to "home rule ordinance amendments"; P.A. 87-387 added Subdiv. (2) to Subsec. (h), re filing requirements in the case of
approval of charter or home rule ordinance amendments; P.A. 96-134 added the word "active" before "registry list of such
municipality" in Subsec. (f), effective May 29, 1996; P.A. 00-92 amended Subsec. (b) to require hearing "not later than
forty-five days after the submission" rather than former "within forty-five days of the submission", and throughout the
section substituted "not later than" for "within"; P.A. 02-89 deleted as obsolete former Subsec. (g) re effective date of any
proposed charter, home rule ordinance or amendment or repeal thereof approved at any election on or after November 5,
1974, and prior to July 1, 1975, and re the validation of actions of a municipality or agency or official thereof taken prior
to July 1, 1975, under a previously effective charter or home rule ordinance, and redesignated existing Subsec. (h) as
Subsec. (g); P.A. 03-99 amended Subsec. (d) to insert Subdiv. designators (1) and (2), to delete requirement that charter
or home rule ordinance amendments be published in full and to provide that the portion of the charter or home rule ordinance
being amended be published and that a copy be provided by the town clerk upon request.
See Sec. 1-1c(b) for meaning of "special election warned and held or called for that purpose".
See chapter 152 (Sec. 9-369 et seq.) re holding of referenda.
Cited. 140 C. 517. Legislature intended procedure outlined in home rule act to be a complete, self-contained method
of amending charter of a city irrespective of any existing charter provision. Home rule act controls previously enacted
special laws which are inconsistent with it. Home rule so far as it relates to charter changes may be exercised only in
accordance with provisions of general statutes. 150 C. 24. Amendment of charter of consolidated city of Norwich to change
tax and other provisions concerning its districts pursuant to sections 7-188 through 7-194, held valid when challenged by
action for declaratory judgment by resident taxpayer. 155 C. 573. Cited. 184 C. 30, 32. Cited. 188 C. 276, 279. Interpretation
of statute not unconstitutional. Id., 276, 278-280. Cited. 193 C. 1, 4. Cited. 196 C. 623, 630. Cited. 234 C. 513, 529.
Sec. 7-191a. Adoption of home rule ordinance. Any home rule ordinance in effect on October 1, 1982, shall be part of the organic law of the municipality and the
special act superseded thereby and any other special act relating to the government of
such municipality inconsistent therewith are repealed.
(1959, P.A. 678, S. 6; P.A. 81-451, S. 6, 10.)
History: P.A. 81-451 made ordinances in effect on October 1, 1982, a part of municipality's organic law, replacing
provision which had made any home rule ordinance a part of organic law upon its adoption, effective October 1, 1982.
Cited. 178 C. 81, 94. Cited. 188 C. 276, 279. Cited. 193 C. 1, 4. Cited. 196 C. 623, 630.
Sec. 7-192. Existing provisions not affected. Amendments to charters. Amendment or revision of home rule ordinance. Supersedence of certain special acts by
municipal ordinance. Termination of certain parking authorities and boards of
health. (a) Every charter, special act and home rule ordinance in effect on October 1,
1982, shall continue in effect until repealed or superseded by the adoption of a charter,
charter amendments or home rule ordinance amendments in accordance with this chapter, the provisions in any charter in existence on said date governing revision or amendment to the contrary notwithstanding. Nothing in this section shall prohibit the adoption
of a revised home rule ordinance or home rule ordinance amendments by any method
established in such home rule ordinance if the provisions concerning such method were
in effect on July 15, 1959. Any municipality administering its local affairs under the
provisions of the general statutes or special acts adopted prior to said date may continue
to so administer its local affairs until the electors of such municipality avail themselves
of the provisions of this chapter. Any municipality having as its organic law a home
rule ordinance or a revised or amended home rule ordinance shall after any revision or
amendment of such ordinance publish, in a single document, any such home rule ordinance and shall make such ordinance available at a nominal cost to any member of the
public.
(b) Notwithstanding the provisions of subsection (a) of this section, the provisions
of any special act relative to the number of holders of an office, or members of a board,
commission, department or agency of a municipality (1) which does not administer its
affairs under a charter, and (2) for which the legislative body, as defined in section 1-1, is a town meeting may be superseded by adoption of a municipal ordinance that is
not otherwise inconsistent with the Constitution of the state or the general statutes.
(c) Notwithstanding the provisions of subsection (a) of this section, any consolidated town and city which (1) was consolidated in 1902, (2) has a mayor and board of
aldermen form of government, and (3) has a population of more than one hundred thousand may terminate a parking authority established by special act in such consolidated
town and city upon majority vote of the board of aldermen. The clerk of any such
consolidated town and city shall notify the Secretary of the State of such termination
not more than ten days after such vote.
(d) Notwithstanding the provisions of subsection (a) of this section, any municipality which (1) was incorporated in 1784, (2) administers its affairs under a charter and
for which the legislative body is a town meeting, and (3) has a population of less than
twelve thousand may terminate a board of health established in the municipality by
special act by adoption of an ordinance that is not otherwise inconsistent with the Constitution of the state or the general statutes.
(1957, P.A. 465, S. 6; P.A. 81-451, S. 7, 10; P.A. 85-253, S. 6, 10; P.A. 92-172, S. 1; P.A. 03-256, S. 2.)
History: P.A. 81-451 transferred former provision concerning imposition of taxes to Sec. 7-192a and added provisions
concerning revision of home rule ordinance by methods in effect prior to July 15, 1959, and to publication of home rule
ordinances, effective October 1, 1982; P.A. 85-253 amended section to refer to amendment of charters and home rule
ordinances rather than to their revision; P.A. 92-172 amended section by designating Subsec. (a) and adding Subsec. (b)
re supersedence of special acts by municipal ordinance not inconsistent with the state constitution or general statutes; P.A.
03-256 made a technical change in Subsec. (b), added Subsec. (c) re termination of a parking authority in a consolidated
town or city and added Subsec. (d) re termination of a board of health in a municipality, effective June 26, 2003.
Legislature intended procedure outlined in home rule act to be a complete, self-contained method, not involving action
by general assembly, of amending charter of a city, irrespective of any existing charter provision. Act confers no power
on mayor to exercise a veto. A construction which would import into these amendatory proceedings the power of veto
conferred on mayor by charter would be inconsistent with procedure provided for in section 7-191. 150 C. 24. Cited. 155
C. 579. Cited. 171 C. 74, 87. Retention of surplus was not an unauthorized exercise of taxing power in violation of statute.
178 C. 81, 94, 95. Charter provisions regarding consolidation prevail over parallel provisions in home rule act. 179 C. 589,
593, 595. Cited. 188 C. 276, 279. Cited. 193 C. 1, 4. Cited. 196 C. 623, 630.
Sec. 7-192a. New tax not authorized by general statutes prohibited. Provisions
affecting elections and electors not to be adopted. No provision of this chapter shall
be deemed to empower any municipality to levy or collect any tax not authorized by
the general statutes or to adopt a charter, charter amendments or home rule ordinance
amendments which shall affect matters concerning qualification and admission of electors; duties and responsibilities of registrars of voters; duties and responsibilities of town
clerks with respect to electors, voting and elections; forfeiture of electoral rights and
restoration of the same; absentee voting; conduct of and procedures at elections; hours
of voting; canvass of electors; preliminary, final and supplementary registry lists; warning of elections; election officials and their duties and responsibilities; election canvass
and returns; election contests; corrupt practices; prohibited acts with respect to elections;
nomination of candidates; adoption and amendment of party rules; primaries; and political parties and enrollment therein.
(1967, P.A. 417, S. 1; P.A. 81-451, S. 8, 10; P.A. 85-253, S. 7, 10.)
History: P.A. 81-451 added provisions concerning new taxes, formerly in Sec. 7-192, effective October 1, 1982; P.A.
85-253 amended section to refer to amendment of charters and home rule ordinances rather than to their revision.
Cited. 188 C. 276, 279. Cited. 193 C. 1, 4. Cited. 195 C. 524, 532. Cited 196 C. 623, 630.
A town is not prohibited from adopting age requirements for local elective officers by Sec. 7-192a. 31 CS 447.
Sec. 7-193. Required provisions. Organization of government. (a) Any charter
adopted or amended under the provisions of this chapter shall conform to the following
requirements:
(1) The municipality shall have a legislative body, which may be: (A) A town meeting; (B) a representative town meeting; (C) a board of selectmen, council, board of
directors, board of aldermen or board of burgesses; or (D) a combination of a town
meeting or representative town meeting and one of the bodies listed in subparagraph
(C). In any combination, the body having the greater number of members shall have
the power to adopt the annual budget and shall have such other powers as the charter
prescribes, and the body having the lesser number of members shall have the power to
adopt, amend and repeal ordinances, subject to any limitations imposed by the general
statutes or by the charter. The number of members in any elective legislative body, the
terms of office of such members and the method by which they are elected shall be
prescribed by the charter.
(2) The municipality shall have a chief executive officer, who may be one of the
following: (A) The first selectman; (B) a chief administrative officer appointed by the
board of selectmen; (C) a mayor elected by the electors of the municipality; (D) a warden
elected by the electors of the borough; (E) a town, city or borough manager appointed
by the board of selectmen, the council, the board of directors, the board of aldermen or
the board of burgesses; (F) a chief administrative officer appointed by the mayor. Any
municipality having a manager as its chief executive officer may also have a mayor
who shall be the presiding officer of its legislative body, shall be the ceremonial head
of such municipality and shall have such other powers and duties as the charter prescribes. The powers, duties and term of office of the chief executive officer shall be
those prescribed by the general statutes and he shall have such other powers and duties
as the charter prescribes.
(b) Every municipality shall have all municipal officers, departments, boards, commissions and agencies which are required by the general statutes or by the charter. Each
municipality may have any municipal officers, departments, boards, commissions and
agencies which are specifically allowed by the general statutes or which are necessary
to carry out any municipal powers, duties or responsibilities under the general statutes.
All such officers, departments, boards, commissions and agencies shall be elected, appointed and organized in the manner provided by the general statutes, except as otherwise provided by the charter or by ordinances or resolutions adopted pursuant to such
charter. Any municipality may, by charter or by ordinances or resolutions adopted pursuant to such charter, alter the method of election, appointment or organization of any or
all of such officers, departments, boards, commissions or agencies, including combining
or separating the duties of each, unless specifically prohibited from making such alteration by the Constitution or the general statutes.
(1957, P.A. 465, S. 7; P.A. 76-296, S. 1; P.A. 81-451, S. 9, 10; P.A. 85-253, S. 8, 10; P.A. 86-230.)
History: P.A. 76-296 included among those things prescribed by statute, the term of office of municipality's chief
executive officer; P.A. 81-451 substituted "municipality" for "town, city, borough", effective October 1, 1982; P.A. 85-253 applied provisions to charter amendments; P.A. 86-230 changed the manner of subdividing the section and expanded
the new Subdiv. (b) by clarifying that a municipality may alter the method of election, appointment or organization of its
officers, departments, boards, commissions or agencies.
See Sec. 9-167a re minority representation.
Cited. 170 C. 62. Cited. 188 C. 276, 279. Cited. 193 C. 1, 4. Cited. 195 C. 524, 531. Cited. 196 C. 623, 630. Cited. 234
C. 513, 530.
Cited. 41 CS 295, 302.
Subsec. (a):
Cited. 192 C. 399, 401-403. Cited. 195 C. 524, 528, 529, 531. Subdiv. (1)(D) cited. 234 C. 513, 530. Subdiv. (1) cited.
Id., 513, 530, 533.
Subsec. (b):
Cited. 216 C. 112, 115, 116, 124. Cited. 219 C. 217, 222.
Because subsec. authorizes commissions to be elected, appointed and organized as provided by the charter or by
ordinances or resolutions adopted pursuant to such charter, and because Plainville's charter requires five affirmative votes
of the town council for the adoption of any resolution, ordinance or vote, the adoption of the resolution appointing members
by only four affirmative votes renders their appointment and subsequent actions null and void. 47 CA 783. Trial court
properly concluded that membership amendment was authorized by statute. However, it was improper for trial court to
engage in analysis of common law doctrine of incompatible offices because language of the statute precludes it. 70 CA 358.
Cited. 35 CS 645, 653.
Sec. 7-194. Powers. Subject to the provisions of section 7-192, all towns, cities or
boroughs which have a charter or which adopt or amend a charter under the provisions
of this chapter shall have the following specific powers in addition to all powers granted
to towns, cities and boroughs under the Constitution and general statutes: To manage,
regulate and control the finances and property, real and personal, of the town, city or
borough and to regulate and provide for the sale, conveyance, transfer and release of
town, city or borough property and to provide for the execution of contracts and evidences of indebtedness issued by the town, city or borough.
(1957, P.A. 465, S. 8; 1961, P.A. 490; 517, S. 89; 1967, P.A. 19; 1971, P.A. 802, S. 12; 1972, P.A. 279, S. 1, 2; P.A.
75-516, S. 1, 2; P.A. 79-531, S. 2; 79-618, S. 2; P.A. 80-403, S. 8, 10; 80-483, S. 19, 186; P.A. 81-219, S. 2, 3.)
History: 1961 acts made section applicable to municipalities having a charter as well as those which adopted or amended
a charter under provisions of this chapter and amended Subdiv. (50) to remove obsolete exception for court officers; 1967
act amended Subdiv. (57) to raise maximum penalty from twenty-five to one hundred dollars; 1971 act repealed Subdiv.
(41) re building code regulation; 1972 act added Subdiv. (58) re merit and civil service systems; P.A. 75-516 added Subdiv.
(59) re leasing real property; P.A. 79-531 added Subdivs. (60) and (61) re fair housing and data processing services; P.A.
79-618 added Subdiv. (62) re ethics code; P.A. 80-403 added Subdiv. (63) re discriminatory practices; P.A. 80-483 made
technical changes; P.A. 81-219 transferred most powers from this section to Sec. 7-148, effective October 1, 1982.
Cited. 147 C. 60. Where charter points out particular way in which act is to be done, prescribed form must be pursued
for act to be lawful. 147 C. 401. If charter of city grants, in general terms, power to take any land necessary to layout of
highways, it is to be presumed, in absence of express words or necessary implication to the contrary, that it was not intended
land already appropriated to one public use should be taken for another. 147 C. 478. Language in charters varies so that
cases involving construction of some charters are not authoritative in determining power under others. 148 C. 233. Court
held ordinances attempted to regulate public service company, and were in conflict with state policy. 152 C. 563, 566.
Ability of board of education to perform its statutory duties not destroyed by requirement that it select nonprofessional
employees under civil service requirements of charter. Id., 568. A town, as a creature of the state, can exercise only such
powers as are expressly granted to it, or such powers as are necessary to enable it to discharge the duties and carry into
effect the objects and purposes of its creation. 153 C. 236. Cited. 162 C. 497. That the legislature went to the extent of
precisely enumerating numerous specific powers without mentioning subpoena power indicates it did not intend to grant
municipalities such a power by way of charter adoption. 180 C. 243, 250. Cited. 181 C. 114, 115, 117, 120. Cited. 183 C.
495, 498, 499, 501, 502. Cited. 188 C. 276, 279. Cited. 193 C. 1, 4. Cited. 196 C. 623, 630. Cited. 203 C. 267, 277. Cited.
208 C. 543, 546. Cited. 237 C. 135, 147. Cited. 241 C. 678.
Cited. 1 CA 417, 418. Cited. 42 CA 599. Home Rule Act cited. Id.
Omission of zoning powers from enumeration of specific powers granted towns under this statute compels conclusion
that legislature did not intend that any action under this chapter should alter the declared law under the general zoning
enabling act. 25 CS 378, 379. Cited. 31 CS 447. Cited. 34 CS 14, 18. Cited. 36 CS 74, 75, 78, 81, 84. Cited. 37 CS 124, 126.
Subdiv. (6):
Cited. 185 C. 88, 102.
Subdiv. (8):
Regulation and disposal of refuse and garbage is town power and refuse disposal operation is not a nuisance where not
in arbitrary or unreasonable manner. 156 C. 304. Town has broad authority to control traffic on its public streets which
includes the closing thereof to vehicular traffic. 174 C. 282, 284. Cited. 181 C. 114, 122-125. Cited. 186 C. 229, 233.
Cited. 203 C. 267, 278.
Cited. 36 CS 74, 75, 78, 81, 84.
Subdiv. (13):
Cited. 180 C. 243, 249.
Subdiv. (14):
See 156 C. 304, above.
Subdiv. (15):
Cited. 36 CS 74, 78, 81, 84.
Subdiv. (17):
See 174 C. 282, 284, above. "Regulate" connotes the power to permit and control as well as to prohibit and infers
limitations. 181 C. 114, 122-125. Cited. 203 C. 267, 278.
Cited. 36 CS 74, 75, 78, 81, 84.
Subdiv. (20):
Cited. 181 C. 114, 122, 123.
Subdiv. (21):
Cited. 181 C. 114, 122, 123.
Subdiv. (23):
Cited. 180 C. 243, 250.
Subdiv. (25):
Adoption of equal opportunities ordinance was valid exercise of Home Rule Act, but subdivision does not authorize
municipality to create commission to resolve employment discrimination complaints. 183 C. 495, 498, 499.
Subdiv. (26):
Cited. 158 C. 100. Does not authorize a municipality to grant its governing or legislative body the power to issue
subpoenas. 180 C. 243, 245-252. Cited. 182 C. 253, 261. Adoption of equal opportunities ordinance was valid exercise
of Home Rule Act, but subdivision does not authorize municipality to create commission to resolve employment discrimination complaints. 183 C. 495, 498, 499. Cited. 185 C. 88, 102.
Subdiv. (29):
Cited. 158 C. 100. Adoption of equal opportunities ordinance was valid exercise of Home Rule Act, but subdivision
does not authorize municipality to create commission to resolve employment discrimination complaints. 183 C. 495,
498, 499.
Subdiv. (41):
Cited. 158 C. 100.
Subdiv. (44):
New Haven and Hamden ordinances requiring private water company, which also served eleven other towns, to fluoridate the water it supplied them held invalid. 152 C. 563, 566.
Cited. 37 CS 124, 126, 127, 129.
Subdiv. (52):
Cited. 171 C. 78, 87.
Subdiv. (56):
Cited. 152 C. 422.
Subdiv. (57):
Cited. 185 C. 88, 102.
Subdiv. (58):
Provides authority to establish a merit or civil service system for selection and promotion, also contains implied power
to establish a personnel appeals board. 35 CS 645, 654. Cited. Id.
Sec. 7-195. Consolidation of governments. (a) As used in this section and sections
7-196 to 7-201, inclusive, "unit of local government" means a town or political subdivision thereof and "political subdivision" means a city, borough or district within a town.
(b) The consolidation of the government of any town with the government or governments of one or more political subdivisions therein shall be effected in the manner
hereinafter prescribed. A proposal to consolidate setting forth the units of local government to be consolidated may be adopted by a majority vote of the entire membership
of the legislative body of any unit of local government or, when the legislative body is
the town meeting, by a majority vote of those present and voting. Upon adoption of
such proposal, a copy thereof shall be transmitted to the legislative body of each other
unit of local government included in the proposed consolidation, which legislative body
shall, within thirty days of the adoption of the proposal, accept or reject the proposal.
Acceptance shall be by resolution adopted by at least a majority vote of the entire membership of the legislative body of each such other unit or, when the legislative body is
the town meeting, by a majority vote of those present and voting, a copy of which
resolution shall forthwith be filed with the town clerk.
(c) In addition to the method of initiating a consolidation set forth above, such
action may also be initiated by petition. Such petition shall set forth the units of local
government to be consolidated and shall be signed by not less than ten per cent of the
electors of each political subdivision included in the proposed consolidation and by not
less than ten per cent of the electors of the town, if any, residing outside the boundaries
of any such political subdivision; provided, if a lesser number of signatures on such
petition is required by any existing special act, such number shall be sufficient for the
purposes of this section. Prior to the obtaining of any signatures on such petition, a copy
thereof shall be filed with the town clerk and a period of ninety days from the date of
such filing shall be allowed for the obtaining of the required signatures. Within not more
than ninety days from the filing of the copy of the petition with the town clerk, the signed
petition shall be filed with the town clerk, who shall proceed forthwith to determine its
sufficiency by comparing the names thereon with those contained in the registry list of
the town and shall certify its sufficiency or insufficiency to the presiding officer of the
legislative body of the town; provided a separate petition may be signed by the electors
of each political subdivision included within the proposed consolidation and by the
electors residing outside the boundaries of any such political subdivision, in which case
the clerk of each such political subdivision shall determine the sufficiency of the petition
so far as such political subdivision is concerned and shall certify such sufficiency or
insufficiency to the clerk of the town, who shall transmit the certification to the presiding
officer of the legislative body of the town.
(1957, P.A. 465, S. 9; 1971, P.A. 55; P.A. 80-474, S. 1, 4.)
History: 1971 act required passage by two-thirds majority of those present and voting when legislative body is town
meeting; P.A. 80-474 amended Subsec. (b) to require adoption and acceptance of consolidation by simple majority rather
than two-thirds majority.
Cited. 152 C. 676. District means geographical subdivision, inhabitants of which are invested with power to discharge
some function of government. 155 C. 573. Since districts in consolidated city of Norwich are not units of local government
but subdivisions of city, changes in city charter affecting them were properly made by amendment and not by consolidation
procedures hereunder. Id. Cited. 171 C. 74, 76, 83. Cited. 179 C. 589-591. Cited. 184 C. 30, 35. Cited. 188 C. 276, 279.
Cited. 208 C. 543, 549, 551.
Watertown and Oakville Fire districts are units of local government and consolidation with Watertown is governed by
sections 7-195 to 7-201. 28 CS 413.
Subsec. (b):
Cited. 195 C. 524, 533.
Sec. 7-196. Form of petition. The form of the petition for proposing a consolidation shall be as follows: WARNING: ALL SIGNATURES SHALL BE IN INK OR
INDELIBLE PENCIL. We, the electors of the town, city or borough or unit of local
government of (Here insert the name of the town, city, borough or unit of local government), hereby present this petition under the provisions of section 7-195 proposing a
consolidation with the following-named town, city, borough or unit of local
government ...., and we certify that we are electors of the town, city, borough or unit of
local government of .... residing at the addresses set opposite our names and that we
have not signed this petition more than once. (Here follow the signatures and addresses.)
(1957, P.A. 465, S. 10.)
Cited. 171 C. 74, 76, 83. Cited. 179 C. 589, 590, 593, 595. Cited. 188 C. 276, 279. Cited. 208 C. 543, 551.
Sec. 7-197. Consolidation commission. If, within thirty days of the adoption of
the proposal to consolidate by the initiating legislative body, the legislative body of
each other unit of local government included in the proposed consolidation has accepted
the proposal, or if a sufficient petition has been certified to the presiding officer of the
legislative body of the town, such presiding officer shall call a joint meeting of the
legislative bodies of all of the units of local government included in the proposal, designate the time and place, and preside at the joint meeting. Such meeting shall by joint
resolution appoint a consolidation commission of not fewer than five nor more than
fifteen members. Each political subdivision included in the proposed consolidation and
the area of the town, if any, outside the boundaries of any such political subdivision shall
be represented on the consolidation commission, as nearly as possible, in proportion to
the number of electors residing in each such political subdivision and the number of
electors residing outside the boundaries of any such political subdivision; provided there
shall be at least one commission member from each political subdivision in the proposed
consolidation and one member from the area of the town, if any, outside the boundaries
of any such political subdivision.
(1957, P.A. 465, S. 11.)
Cited. 152 C. 676. Cited. 171 C. 74, 76, 83. Cited. 179 C. 589-593, 595. Cited. 184 C. 30, 35. Cited. 188 C. 276, 279.
Cited. 208 C. 543, 551.
Sec. 7-198. Duties of commission. Such consolidation commission shall prepare
a consolidation ordinance in which provision shall be made for the allocation of local
governmental functions and services to existing offices, departments, boards, commissions or other agencies of the town, city, borough or other unit of local government; the
abolition of unnecessary offices, departments, boards, commissions or other agencies;
the definition of areas in which services are to be rendered; the establishment of necessary taxing districts to pay the cost of such services; the distribution of assets and liabilities, and such other matters as are required to effectuate such consolidation, including
the necessary revision of the charter of any of the units of local government under
consolidation so as to eliminate unnecessary offices, departments, boards, commissions
or other agencies or to expand existing offices, departments, boards, commissions or
other agencies and so to render such charter effective as the charter of the consolidated
municipality; provided the terms of the consolidation ordinance shall not, in terms or
effect, impair the contractual obligations of the town, city, borough or other unit of local
government.
(1957, P.A. 465, S. 12; 1963, P.A. 18, S. 1.)
History: 1963 act deleted the word "geographical" before the word "areas" in the phrase "the definition of areas"
and specifically provided for necessary charter revision, deleting a prohibition against the establishment of new offices,
departments, etc.
"Cost of such services" does not permit charges exceeding cost of acquiring, constructing and operating a sewage
system; taxpayer cannot be charged for more than he is actually receiving. 171 C. 74, 76, 83-87. Cited. 179 C. 589, 590,
593, 595. Cited. 188 C. 276, 279. Cited. 208 C. 543, 551, 552.
Sec. 7-199. Referendum. Not less than ninety days nor more than eighteen months
after the appointment of such consolidation commission, such consolidation ordinance
shall be submitted to the town clerk. Such ordinance shall be submitted to the electors
of the town at the next general election following submission to the town clerk. A special
election may be held before the next general election providing a petition for a special
election is filed with the town clerk of such municipality for submission to the legislative
body and signed by not less than ten per cent of the electors of such town. The sufficiency
of such petition shall be determined in the manner specified in section 7-188. Such
consolidation ordinance shall become effective if approved by a majority of the electors
of the town voting thereon; provided such majority shall be no less than fifteen per cent
of the electors as determined by the last-completed registry list of such town.
(1957, P.A. 465, S. 13; P.A. 75-212, S. 1, 2.)
History: P.A. 75-212 required submission of ordinance within eighteen months rather than within one year to town
clerk (previously to electors) and to voters at next general election following submission to clerk unless special election held.
Cited. 171 C. 74, 76, 83. Cited. 179 C. 589, 590, 593, 595. Cited. 188 C. 276, 279. Cited. 208 C. 543, 551.
Sec. 7-200. Consolidation of school districts. Charter revisions in consolidation process. Nothing in sections 7-195 to 7-201, inclusive, shall be construed to prevent
the consolidation of school districts as heretofore provided by law. Nothing herein contained shall be construed to prevent a consolidation commission from making revisions
in the charter of any of the units of local government in the process of consolidation so
as more conveniently and appropriately to effectuate the process of consolidation of
that unit of government with the other unit or units of government concerned; nor shall
the provisions of sections 7-187 to 7-191, inclusive, apply to any such consolidation
commission.
(1957, P.A. 465, S. 14; 1963, P.A. 18, S. 2.)
History: 1963 act deleted language re appointment of combined charter and consolidation commission and added
provision re charter revisions to facilitate consolidation procedure.
Cited. 179 C. 589, 590, 593, 595. Cited. 188 C. 276, 279. Cited. 208 C. 543, 551.
Sec. 7-201. Receipt of funds. Appropriations. Any charter commission or consolidation commission appointed under the provisions of this chapter is authorized to
receive for its own use and purposes any funds or money from any source, including
gifts and contributions, made by any individual, corporation or association. Any unit
of local government is authorized to appropriate funds for expenses incurred by any
charter commission, consolidation commission or combined charter and consolidation
commission in the performance of its purposes. Within the amounts so received such
commissions may engage employees and contract for the services of consultants.
(1957, P.A. 465, S. 15.)
Cited. 179 C. 589, 590, 593, 595. Cited. 188 C. 276, 279. Cited. 208 C. 543, 551.