You asked if a town governed by a charter can change the status of a local elected paid official to an appointed town employee even if the official's duties are stated in statute. You also wanted to know the results of any court cases where (1) such a change was attempted or (2) the town stopped paying the official before the end of his or her term. The Office of Legislative Research is not authorized to provide legal opinions and this report should not be construed as one.

SUMMARY

If a town office is filled through an election as required by the town charter, then the town cannot change the office, or the status of the person in the office, unless it first revises its charter accordingly. The change cannot go into effect until the end of an elected official's term, i. e. , the official must be allowed to complete the term under the conditions in effect when he or she was originally elected.

We are researching whether any court cases exist on this topic or whether any town stopped paying an elected official before the end of the official's term and will provide any information we find in a separate report.

TOWN POSITIONS THAT MUST BE FILLED BY ELECTION

State law requires the following town offices to be filled via elections unless a special act or the town charter provides otherwise:

1. assessors,

2. assessment appeals board members,

3. selectmen,

4. town clerks,

5. town treasurers,

6. tax collectors,

7. constables,

8. registrars of voters,

9. board of education members, and

10. library board of directors members

(CGS § 9-185).

The law permits a town to pass an ordinance authorizing the town's chief executive authority to appoint constables, the town clerk, the town treasurer, or the tax collector.

TOWNS GOVERNED BY CHARTER REVISION

In order to change a town charter, the town must follow the statutory procedure for charter revision that includes naming members to a charter revision commission, holding public hearings, and putting any potential revision before the voters in a referendum (CGS §§ 7-187 to 7-194). Before any change can take effect, voters must approve it in the referendum. For a more detailed explanation of the charter revision process see OLR Report: Adopting and Amending Charters (2005-R-0199).

JM: ro