City of Danbury Charter - Chapter 3
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CHAPTER III. THE COMMON COUNCIL
Section 3-1 THE COUNCIL.
There shall be a Council consisting of twenty-one members, as provided in Section 2-2, which shall be vested with the legislative power of the City, hereinafter referred to as the Common Council. The members of the Common Council shall be compensated in an amount which will defray reasonable expenses incurred in performing their duties subject to provisions of Section 7-460 of the General Statutes, as amended. Such compensation shall be determined by the preceding Common Council.
Section 3-2 PRESIDING OFFICER.
With the Mayor presiding, the Common Council shall meet at eight o'clock p.m. on the third Monday in November, 1977, for the purposes of organization, and biennially thereafter, and shall choose one of its members to be President of said Common Council. The Mayor shall preside over all meetings of the Common Council and shall have no vote except in the case of a tie. The President shall preside over its meetings in the absence of the Mayor and the President shall exercise the powers and duties of the officeof Mayor in the absence or disability of the Mayor. In the event of a vacancy in the office of Mayor, the President shall assume the powers and duties of the Mayor until the next biennial municipal election and shall resign from the Council, and the Council shall fill the President's vacancy for the remainder of the Council's term. During all periods when exercising the powers and duties of Mayor, the President shall retain his vote as a member of the Common Council.
Section 3-3 CITY CLERK.
The City Clerk shall be the Clerk of the Council. The City Clerk shall keep for public inspection copies of every proposed ordinance and a record of all proceedings including all roll call votes. All records so kept shall be authenticated by such Clerk or the President of the Council or both. The Clerk shall be responsible for the publication of such notices of hearing and publication of ordinances as may be necessary and perform such other duties as the Council may determine. The Council may, at any time,appoint an Assistant Clerk or Clerks, who shall, in the absence or disability of the Clerk, perform all the duties of the Clerk, and all records and acts of said Assistant shall have the same validity as the records and acts of the Clerk.
Section 3-4 GENERAL POWERS AND DUTIES.
The Common Council shall have the powers and duties which, on the effective date hereof, were conferred by law upon officers, boards and commission of said City existing immediately prior to such date except as otherwise specifically provided in this Charter. The legislative power of the City shall be vested exclusively in the Council. Said Council shall have the power to enact, amend or repeal ordinances not inconsistent with this Charter or the General Statutes of the state; to create or abolish, by ordinance, boards, commissions, departments and offices not provided by the Charter, and the Council may, upon recommendation of the Mayor, contract for services and use of facilities of the United States or any federal agency, other states or political subdivisions, the State of Connecticut and any political subdivision thereof, or may, by agreement, join with any such political subdivisions to provide services and facilities. The Council is authorized, in adopting ordinances, to incorporate any nationally recognized code, rules, or regulations that have been printed in book form, or any code officially adopted by any administrative agency of the state, or any portion thereof, as they may be amended, by reference thereto in such ordinance; provided upon adoption of any such ordinance wherein such code, rules or regulations or portions thereof have been incorporated by reference, there shall be maintained two (2) copies of such code, rules or regulations, as amended, in the office of the Town Clerk for examinationby the public. Said Council may by resolution regulate the internal operation of boards, commissions and offices which it fills by appointment, and fix the compensation of the registrars of voters and the officers and employees. Said Council may fix the charges, if any, to be made for services rendered by the City or for the execution of powers vested in the City as provided in Chapter I of this Charter. Said Council shall also have all powers granted to municipalities by Section 7-194 of the General Statutes, as amended, and any other powers conferred by the general law or special laws not inconsistent herewith. The Council, at each meeting, shall reserve the initial one-half hour period for the expression of views and opinions by residents and taxpayers of the City on the matters before the Council at such meeting.
Section 3-5 GENERAL PROCEDURE.
At the first meeting of the Common Council following each biennial City election said Council shall be [by] resolution fix the time and place of its regular meetings and provide a method for the calling of special meetings. All meetings of the Council for the transaction of business shall be open to the public and the votes shall be recorded as prescribed by Section 1-21 of the General Statutes, as amended. All ordinances and resolutions shall be confined to one subject which shall be clearly stated in thetitle. The Council shall keep for public inspection a journal of all its proceedings, including all roll call votes, which shall be maintained by the City Clerk. The records so kept shall be authenticated for each meeting by the signature of the President or the Clerk, or both.
Section 3-6 QUORUM.
A majority of the members shall constitute a quorum.
Section 3-7 ENACTMENT.
Ordinances and resolutions shall be enacted by a majority vote. Every ordinance, after enactment and approval as herein provided, shall be filed with the City Clerk and recorded, compiled and published by the Clerk as required by law and this Charter.
Section 3-8 PUBLIC NOTICE AND HEARING.
At least one public hearing, notice of which hearing shall be given at least five (5) days but not more than fifteen (15) days in advance by publication in a newspaper having a general circulation in the City and by posting notice of such hearing in a public place, shall be held by the Common Council before any ordinance is enacted except an emergency ordinance as provided in Section 3-12.
Section 3-9 APPROVAL OF ORDINANCES AND APPROPRIATIONS BY THE MAYOR.
Every ordinance enacted by the Common Council except an emergency ordinance, or an ordinance relating to the Council or its procedures shall, before it becomes effective, be certified to the Mayor for approval within seventy-two (72) hours after enactment by the Council which period shall not include Saturdays, Sundays, or legal holidays as designated by the General Statutes. The Mayor shall sign the proposed ordinance, if it is approved, whereupon, subject to the provisions of Section 3-10 of this Charter,it shall become effective. If the Mayor disapproves a proposed ordinance, is [it] shall be returned within five (5) days to the City Clerk with a statement of the reasons for disapproval which statement shall be transmitted by said Clerk to the Council at its next meeting. If the Council shall pass the proposed ordinance by an affirmative vote of at least two-thirds ( 2/3) of the entire membership within seven (7) days after such ordinance has been returned with the Mayor's disapproval, it shall become effective without the Mayor's approval, subject to said Section 3-10. If the Mayor does not return the proposed ordinance within the time required, it shall become effective without approval, subject to said Section 3-10. The Mayor may disapprove or reduce any item or items in any appropriation, whereupon the approved portion of the appropriation shall become effective unless the disapproved or reduced portion thereof is passed by the Council over the Mayor's veto in the manner herein provided, in which case the entire appropriation shall become effective as finally passed.
Section 3-10 PUBLICATION OF ORDINANCES.
Every ordinance after enactment, as provided in Section 3-7, and approval, as provided in Section 3-9, shall, within ten (10) days, be published in its entirety in a newspaper having a general circulation in the City and, unless it shall specify a later date, become effective on the thirtieth (30[th]) day after such publication, subject to the provisions of Section 3-11.
Section 3-11 REFERENDUM.
Upon a petition of not less than fifteen (15) percent of the electors of the City filed with the Town Clerk within thirty (30) days after publication of any ordinance asking that the ordinance be submitted to the voters of the City at its next regular or special meeting, the ordinance shall be so submitted and in such event it shall not become effective unless a majority of the voters voting at such meeting vote in favor thereof.
Any petition shall conform to the requirements of Section 7-9 of the General Statutes, as amended, and shall contain the full text of the ordinance. All other matters concerning referendum including the manner, method or procedure of the referendum shall be governed by the General Statutes, as amended.
Section 3-12 EMERGENCY ORDINANCES.
An ordinance stated to be a public emergency measure for the purpose of meeting a public emergency threatening the lives, health or property of citizens and stating the facts constituting such public emergency shall become effective immediately after publication thereof as required in Section 3-10 of this Chapter and no public hearing or notice of public hearing shall be required for any public emergency ordinance provided such action shall be enacted by an affirmative vote of at least two-thirds [( 2/3)] of the entire membership of the Common Council. Every such emergency ordinance including any amendments thereto, shall automatically terminate on the sixty-first (61st) day following final adoption of said ordinance.
Section 3-13 COMMITTEES.
All Committees of the Common Council shall be ad hoc committees.
Section 3-14 INVESTIGATION.
The Common Council, or any committee thereof duly appointed for the purpose of conducting an investigation pursuant to this section, which committee shall consist of not less than five (5) members, shall have power to investigate any and all offices and agencies of the City, and any organization spending City funds, and for such purposes shall have the power to call witnesses to appear to testify on any matter under investigation. If any officer, other than an elected officer, or employee of the City shall,after receipt of notice in writing, willfully fails or refuses [sic] to appear before the Common Council or such duly appointed committee, or having appeared, shall refuse to testify or answer any question concerning the office or official duties of such officer or employee, or concerning the property, government or affairs of the City, his term or tenure of office or employment shall terminate and such office or employment shall be vacant[;] provided, however such officer or employee shall be entitled toany further proceeding or hearing concerning dismissal as may be provided by law. The Council shall have the further power to require any office, agency, or other organization spending City funds to disclose information and account for the spending of such funds. Failure to comply with the Council's request shall be grounds for withholding the expenditure of further funds where not otherwise regulated by law.
Section 3-15 FISCAL YEAR.
The Council shall have the power to adopt a fiscal year according to the provisions of Chapter 110 (one hundred ten) of the General Statutes, as amended.
Section 3-16 ANNUAL AUDIT.
There shall be annually designated an independent certified public accountant or firm of independent certified public accountants to audit the books and accounts of the City in accordance with the provisions of Chapter 111 (one hundred eleven) of the General Statutes, as amended.
Section 3-17 PROCEDURE FOR CONVEYING, LEASING REAL ESTATE.
All grants and leases of real estate belonging to said City signed by the Mayor, sealed with the City seal, and approved by at least two-thirds [( 2/3]) of the entire membership of the Common Council and recorded in the town where the real estate granted or leased lies shall be effectual to convey such estate.
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