CONNECTICUT
MUNICIPAL LEADERS’ MANUAL
2011
CONNECTICUT
MUNICIPAL LEADERS’ MANUAL
Introduction
On behalf of the Board of Directors of the Connecticut Council
of Small Towns (COST) I am pleased to present you and your
town with the third edition of COST’s Connecticut Municipal
Leaders’ Manual.
This guidebook is intended to help make local government policymakers aware of state laws governing towns and cities in Connecticut. Veteran municipal officials will find The Connecticut
Municipal Leaders’ Manual to be a helpful reference guide, while
newly elected officials will be able to use it to develop a basic understanding of their responsibilities under the law. The Manual
reflects changes in the statutes through the 2011 regular session of
the Connecticut General Assembly.
Appendix A, “Model Practices for Municipal Governments,”
will help town and city officials make effective decisions in their
role as public administrators. “Model Practices for Municipal
Governments” was prepared by the Connecticut Town and City
Management Association (CTCMA).
As with most other local government resources, The Connecticut
Municipal Leaders’ Manual should be viewed as a starting – not
an end – point. If, for example, this publication raises questions
concerning your responsibilities under Connecticut statutes you
should consult your town attorney for additional information
and/or advice.
While every effort has been made to make sure that The Connecticut Municipal Leaders’ Manual is complete and accurate,
readers may discover a typographical error or may think of ideas
about topics they think would make this Manual even more useful.
If you do have any such recommendations COST would appreciate
your feedback.
COST is committed to providing its members with up-to-date information on statutes affecting local government. To this end we
plan to revise the contents of this Manual on a regular basis to reflect statutory changes enacted by the Connecticut General Assembly.
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MUNICIPAL LEADERS’ MANUAL
One copy of this Manual is being provided on a complimentary
basis to COST member towns and cities. It belongs to your municipality and should be passed on to your successor.
Barton D. Russell, Executive Director
Connecticut Council of Small Towns
1245 Farmington Avenue, 101
West Hartford, CT 06107
(860) 676-0770
(860) 676-2662 Fax
Website: www.ctcost.org
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History
More than three decades of success on behalf of Connecticut’s
small towns and cities
Founded in 1975 by a pioneering group of town leaders from all
regions of the state, the Connecticut Council of Small Towns
(COST) remains today the strong voice for the state’s smaller
communities and their grassroots local governments. Its members – represented by first selectmen, mayors and managers - are
Connecticut towns and cities with populations of less than 30,000.
For each of the past 36 years municipal leaders from throughout
the state have held an annual policy conference – Connecticut’s
Town Meeting – during which they have discussed and voted on
the organization’s legislative priorities. COST’s Legislative Platform represents the highest-priority policy concerns of chief
elected and appointed officials representing more than 115 smaller
communities.
Over the course of the last three decades COST has established a
track record of success that has earned the respect of local leaders,
state and federal legislators and officials at the highest levels of
government in Hartford and Washington, D.C.
Here are just a few of COST’s recent accomplishments on behalf
of Connecticut’s small towns and cities:
♦ COST wrote – and successfully lobbied – the bill establishing the Small Town Economic Assistance Program
(STEAP).
♦ COST’s Fair-$hare Funding Campaign promoted the small
town perspective within the General Assembly regarding
funding for programs such as Educational Cost Sharing,
special education, Town Aid Road, Pequot aid and other
essential municipal aid programs.
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MUNICIPAL LEADERS’ MANUAL
♦ COST championed the fight against mandates intended to
force the consolidation of local probate courts and local
health districts.
♦ COST helped fight successfully to maintain the increased
municipal conveyance tax.
COST’s legislative action teams have also promoted policies to:
provide towns with new, local revenue options; restore funding for
the State Clean Water Fund; ensure balanced municipal ethics
policies; prohibit bans against volunteer firefighters; reform property taxes; expand affordable housing; and, reform unfunded mandates, including binding arbitration and prevailing wage requirements.
“COST is highly regarded at the State Capital as a strong and effective
voice for Connecticut’s 139 smaller communities. It does a great job of
ensuring that the priority concerns of town leaders are heard - and
responded to - at the State Capital.”
SUSAN BRANSFIELD,
1ST SELECTMAN, TOWN OF PORTLAND
The Connecticut Council of Small Towns
1245 Farmington Avenue, 101
West Hartford, CT 06107
Tel: 860-676-0770 • Fax: 860-676-2662
www.ctcost.org
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Acknowledgements
The Connecticut Municipal Leaders’ Manual would not have been
possible without the inspiration provided by people – past and present – with a great commitment to effective local government.
COST certainly appreciates the earlier work done by contributors
to the “Handbook for Connecticut Selectmen,” first published in
1951. It was this simple booklet that inspired The Connecticut
Municipal Leaders’ Manual.
The Connecticut Town and City Management Association
(CTCMA) provided COST permission to incorporate its “Model
Practices for Municipal Governments” ideas and recommendations
in this Manual. COST thanks CTCMA for its generosity and
commends the following members of CTCMA for their individual
contributions: Roger Kemp, Town Manager of Berlin; William
Smith, Town Manager of Granby; Bonnie Therrien, Town Manager of Wethersfield; Al Ilg, former Town Manager of Windsor;
Phil Schenck, Town Manager of Avon, and Randi Frank of Randi
Frank Consulting, LLC.
COST also thanks several volunteers who donated their legal services. Shipman & Goodwin LLP serves as Of Counsel to the Connecticut Council of Small Towns, providing legal services to
COST on a pro bono basis. Shipman & Goodwin LLP played a
lead role in this effort to compile this Manual for use by COST and
its member towns. Special thanks go to Lisa D. Gladke of Shipman
& Goodwin who spent countless hours working on the Manual and
coordinating the necessary research, as well as to her Shipman &
Goodwin colleagues, Bruce A. Chudwick, and Miriam Godfrey
and Harrison M. Smith, members of the Shipman & Goodwin
summer associate class of 2011. Thanks also go to Richard Roberts of Halloran & Sage LLP for drafting provisions and providing
comments and to Michael Andreana of Pullman & Comley, LLC
for providing comments to this Manual.
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Declaration of Principles
“This publication is designed to provide accurate and authoritative
information in regard to the subject matter covered. It is sold with
the understanding that the publisher is not engaged in rendering
legal, accounting, or other professional services. If legal advice or
other professional assistance is required, the services of a competent professional person should be sought.”
-- From a Declaration of Principles jointly adopted by a committee
of the American Bar Association and a Committee of Publishers
and Associations
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TABLE OF CONTENTS
Part
Page
Introduction ........................................................................
i
History .................................................................................
iii
Acknowledgements.............................................................
v
Declaration of Principles....................................................
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1.
Statutory Towns and Charter Towns ...............................
§ 1-1. Generally ..............................................................
§ 1-2. Sources of Authority ............................................
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2.
Forms of Local Government in Connecticut....................
§ 2-1. Charter Towns ......................................................
§ 2-2. Legislative Bodies ................................................
§ 2-3. Chief Executive Officers ......................................
§ 2-4. Officers, Departments, Boards, Commissions
and Agencies Generally........................................
§ 2-5. Additional Powers in Charters..............................
§ 2-6. Ordinances............................................................
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3.
Town and City Managers ..................................................
§ 3-1. Generally ..............................................................
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4.
Public Meetings and Freedom of Information Act..........
§ 4-1. Meetings Open to Public ......................................
§ 4-2. Executive Sessions ...............................................
§ 4-3. Minutes of Meetings.............................................
§ 4-4. Meeting Dates.......................................................
§ 4-5. Special Meetings ..................................................
§ 4-6. Broadcasting of Meetings.....................................
§ 4-7. Definition of “Meeting” .......................................
§ 4-8. Violations .............................................................
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5.
Office of Selectman.............................................................
§ 5-1. Historical Background..........................................
§ 5-2. First Selectman as Chief Executive ......................
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Part
6.
Page
§ 5-3. Election, Oath and Bond.......................................
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Specific Duties of the Selectmen........................................
§ 6-1. Introduction ..........................................................
§ 6-2. Boundaries............................................................
§ 6-3. Building Inspection and Safety ............................
§ 6-4. Charters and Ordinances.......................................
§ 6-5. Civil Preparedness................................................
§ 6-6. Collective Bargaining...........................................
§ 6-7. Districts ................................................................
§ 6-8. Dogs .....................................................................
§ 6-9. Education..............................................................
§ 6-10. Elections............................................................
§ 6-11. Finance ..............................................................
§ 6-12. Fire and Police Protection .................................
§ 6-13. Health and Sanitation ........................................
§ 6-14. Highways ..........................................................
§ 6-15. Housing .............................................................
§ 6-16. Licenses and Permits.........................................
§ 6-17. Municipal Property............................................
§ 6-18. Officers and Employees ....................................
§ 6-19. Penalties ............................................................
§ 6-20. Planning, Zoning, Redevelopment and Conservation ............................................................
§ 6-21. Public Utilities...................................................
§ 6-22. Records and Documents....................................
§ 6-23. Town Meetings..................................................
§ 6-24. Town Report......................................................
§ 6-25. Traffic Regulation and Parking .........................
§ 6-26. Trees and Forests...............................................
§ 6-27. Welfare..............................................................
§ 6-28. Miscellaneous....................................................
A. Airports ...............................................................
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TABLE OF CONTENTS
Part
Page
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
Agricultural Council ...........................................
Cemeteries ..........................................................
Elderly Persons ...................................................
Eminent Domain .................................................
Evicted Tenant ....................................................
Explanatory Texts ...............................................
Fences .................................................................
Hearings Before the Board of Selectmen............
Interlocal Agreements.........................................
Interlocal Risk Management Agency..................
Liquor Control ....................................................
Receivers for Associations..................................
Shellfish Grounds ...............................................
Signposts.............................................................
Suits Against the Town.......................................
Trustee ................................................................
Veterans ..............................................................
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7.
Appendix A, Model Practices for Municipal Governments...................................................................................
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8.
Index to the Connecticut Municipal Leaders’ Manual ..
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Part 1
Statutory Towns and Charter Towns
§ 1-1. Generally.
There are one hundred sixty-nine (169) towns and cities in the
State of Connecticut. All towns and cities are governed by the
General Statutes, and Title 7 generally provides for the obligations
and duties of a municipality. Section 7-148 generally outlines the
scope of municipal powers, but specific municipal powers are described throughout the General Statutes. Any municipality can enact a charter pursuant to Chapter 99. If a municipality does not
have a charter, it is governed by the General Statutes and any ordinances that have been enacted by the municipality. Such municipalities will be referred to in this Manual as “statutory towns.”
Municipalities that have enacted a charter are referred to in this
Manual as “charter towns.”
§ 1-2. Sources of Authority.
The focus of much of this Manual is on the roles and duties of the
selectmen in statutory towns, and to the extent such topics are not
covered in the charter, in charter towns. In addition to the General
Statutes, municipal leaders in statutory towns should refer to the
local ordinances, and municipal leaders in towns and cities with a
charter should refer to their local charter and ordinances.
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Part 2
Forms of Local Government in Connecticut
§ 2-1. Charter Towns.
Chapter 99 of the General Statutes allows a town or city to enact a
charter. The process for enacting a new charter or charter revisions
is described in more detail in Sections 7-188 through 7-192. Under
Section 7-193, every charter must provide for a legislative body; a
chief executive officer; and all municipal officers, departments,
boards, commissions and agencies required by the General Statutes.
§ 2-2. Legislative Bodies.
Although the selectmen in a statutory town are the executive authority and “superintend the concerns of the town,” the legislative
body of a statutory town is the town meeting [Sections 7-12 and 11(m)]. For a charter town, the legislative body may be: (1) a town
meeting; (2) a representative town meeting; (3) a board of selectmen, council, board of directors, board of aldermen or board of
burgesses; or (4) a combination of a town meeting or representative town meeting and one of the bodies listed in Section (3) [Section 7-193(a)(1)]. When a 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.
§ 2-3. Chief Executive Officers.
In a statutory town, the first selectman is the chief executive officer (Section 7-12a). For a charter town, the chief executive officer
may be: (1) the first selectman; (2) a chief administrative officer
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appointed by the board of selectmen; (3) a mayor elected by the
electors of the municipality; (4) a warden elected by the electors of
the borough; (5) 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; or (6) a chief administrative
officer appointed by the mayor [Section 7-193(a)(2)]. 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, the ceremonial head of such municipality, and have such
other powers and duties as the charter prescribes.
§ 2-4. Officers, Departments, Boards, Commissions and Agencies Generally.
In a statutory town, all the municipal officers, departments, boards,
commissions and agencies are determined by the General Statutes
or, if permitted under the General Statutes, by ordinance. For a
charter town, every municipality shall have all municipal officers,
departments, boards, commissions and agencies required by the
General Statutes or by a 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 [Section 7-193(b)].
§ 2-5. Additional Powers in Charters.
Towns or cities which adopt a charter under Chapter 99 may, in
addition to those powers granted in the General Statutes, manage,
regulate and control the municipality’s finances and real and personal property; regulate and provide for the sale, conveyance,
transfer and release of municipal property; and provide for the
execution of contracts and evidences of indebtedness issued by the
municipality.
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§ 2-6. Ordinances.
The process for enacting ordinances is described in more detail in
Section 7-157 (including publication requirements). Section 7-148
authorizes municipalities to establish permanent local laws of general applicability and rules or regulations of general municipal application whose violation may result in the imposition of a fine or
other penalty including community service [Section 7-148(b)].
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Part 3
Town and City Managers
§ 3-1. Generally.
A statutory town may create the position of town manager under
Chapter 96 of the General Statutes after adopting a town manager
plan pursuant to Section 7-100. Section 7-98 describes the process
for appointing and removing a town manager. Any town manager
appointed under Chapter 96 will hold office for a term of three (3)
years. The powers and duties of a town manager appointed under
Chapter 96 are the powers and duties imposed upon the selectmen,
except duties relating to the making of electors, with certain other
limitations (Section 7-99). The position of town or city manager
may also be established under a charter. The powers and duties of
a manager under a charter are those described by both the General
Statutes and the charter (Section 7-193).
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Part 4
Public Meetings and Freedom of Information Act
§ 4-1. Meetings Open to Public.
Meetings of all public agencies, including meetings of the board of
selectmen, must be open to the public except executive sessions as
defined in subsection (6) of Section 1-200 (Section 1-225). The
public may attend and observe any meeting without having to register or otherwise identify themselves. Members of the public may
not necessarily participate in the meeting unless it is a public hearing or the agency otherwise invites such public participation.
§ 4-2. Executive Sessions.
Executive sessions may be held upon an affirmative vote of twothirds (2/3) of the members taken at a public meeting and identifying which of the reasons contained in the statute is the basis for the
executive session [Section 1-225(f)]. Among the permissible reasons for an executive session are discussions of certain employment matters, strategy and negotiation with respect to pending
claims and litigation, and the potential acquisition of real estate
under certain circumstances [Section 1-200(6)].
§ 4-3. Minutes of Meetings.
The board of selectmen must keep an accurate record of all minutes of its meetings, which record shall be available for public inspection at reasonable times (Section 7-12b). The votes of each
selectman on any issue coming before the board must be reduced
to writing and made available for public inspection within fortyeight (48) hours, excluding Saturdays, Sundays, holidays, and days
when the selectmen’s or the town clerk’s office is closed. Votes
must also be recorded in the minutes of the session. Not later than
seven (7) days after the date of the session to which such minutes
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refer, such minutes shall be available for public inspection. The
board must make, keep and maintain a record of the proceedings of
its meetings [Section 1-225(a)].
§ 4-4. Meeting Dates.
The chairman or secretary of the board must file the schedule of
regular meeting dates for the ensuing year with the town clerk not
later than January 31 of each year. No meeting can be held sooner
than thirty (30) days after the schedule has been filed [Section 1225(b)]. The agenda of regular meetings must be available at the
board’s office or regular place of business and in the town clerk’s
office, twenty-four (24) hours before the meeting [Section 1225(c)]. Matters not on the filed agenda of a regular meeting may
be considered by a two-thirds vote [Section 1-225(c)].
§ 4-5. Special Meetings.
Notice of special meetings of the board must be posted not less
than twenty-four (24) hours before the meeting to which such notice refers on the municipality’s Internet website, if available, and
given not less than twenty-four (24) hours prior to the time of the
meeting by posting a notice of the time and place of the meeting in
the town clerk’s office. In the case of an emergency, an emergency
meeting may be held without complying with this notice requirement, but a copy of the minutes of the meeting, setting forth the
nature of the emergency and the proceedings of the meeting, must
be filed with the town clerk not later than seventy-two (72) hours
following the meeting [Section 1-225(d)]. The threshold is relatively high for determining whether there was an emergency which
justified the use of this provision.
§ 4-6. Broadcasting of Meetings.
Meetings which are open to the public under Section 1-225 may be
broadcast or recorded for broadcast by any radio broadcasting
company located or having transmission facilities within the state.
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PUBLIC MEETINGS AND
FREEDOM OF INFORMATION ACT
§ 4-8
Television cameras of any television broadcasting company may
be so located within the room as to permit the meeting to be
broadcast by radio, television, or both. The board of selectmen
may adopt rules governing the use of broadcasting equipment. In
order to apply at a meeting, such rules must have been adopted
prior to the meeting. If rules were not adopted prior to the meeting,
broadcasting must be permitted (Section 1-226).
§ 4-7. Definition of “Meeting.”
A. The definition of “meeting” under the Freedom of Information
Act is relatively broad. A meeting is defined, in addition to the
obvious meanings, as a gathering of a quorum of a multimember body at which there is discussion or action on any
matter over which it has authority. This would include any
conversation about town business between two (2) of the three
(3) members of a board of selectmen unless an exception to the
definition is available [Section 1-200(2)].
B. There are also some important exceptions from the definition
of a “meeting.” Among these exceptions are a caucus of members of the board from a single political party, strategy or negotiations regarding collective bargaining, a chance meeting or
a social meeting which was neither planned nor intended for
the purpose of conducting business and communications limited to a discussion of the agenda and notice of meetings of the
agency [Section 1-200(2)].
§ 4-8. Violations.
Potential violations of the statutes pertaining to public meetings
and public records are addressed by the Freedom of Information
Commission. The staff of that Commission is willing and able to
advise municipal officials about the particular requirements of the
law and to conduct education and training sessions for town boards
and commissions.
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Part 5
Office of Selectman
§ 5-1. Historical Background.
A. The office of selectman, unlike some other offices in colonial
America, was not imported from England, but gradually
evolved in New England. From the beginning, the selectmen
exercised the general power to superintend the concerns of the
town. Originally, they only implemented the decisions of the
frequent town meetings which were held to decide nearly
every detail of town business. As town meetings became more
formal and were held at less frequent intervals, the selectmen
acquired more discretionary power. Many of the important duties exercised by selectmen today originated in the seventeenth
century. Among these are: administration of the financial affairs of the town, admission of electors, warning of town meetings, administering of oaths to elected officials, and seeing that
the boundaries of the town are properly marked. The layout of
highways was their responsibility in the early days, although
the care of the highways was the province of the surveyors of
highways.
B. Some of the powers exercised at various times by the selectmen have either been transferred to other officials or become
obsolete. “Taverners” are now licensed by the state. The selectmen no longer meet twice a year with the justices of the
peace, grand jurors, constables, and tithingmen to consult
about the suppression of profaneness, vice, and immorality,
nor are they now required to keep a stock of ammunition in the
town. The selectmen were on the board of health from 1805
until 1893, when their duties were taken over by the town
health officer. From 1714 to 1798, the selectmen and justices
of the peace were required to inspect local schools once every
quarter year and inquire into qualifications of the masters, the
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proficiency of the children, and give needful directions to increase knowledge, civility and religion.
C. The powers that the selectmen have gained since the seventeenth century have more than made up for those they have
lost. After a considerable period of experimentation with various methods of providing for the care of the highways in the
latter part of the nineteenth century, this function has come to
rest largely with the selectmen. The various activities of the selectmen relating to elections were gradually added during the
nineteenth and twentieth centuries, as the need for greater
regulation of elections became apparent. Duties in the field of
finance have expanded with the increasing expenditures of the
towns. Social, economic, and technological changes have
brought responsibilities in such fields as public utilities, housing, land use and traffic regulation.
D. The number of selectmen has varied from town to town and
from time to time, but a Connecticut law of 1673 provided that
each town was required to elect a number of selectmen not exceeding seven (7). This remained the law until 1915 when it
was provided that towns having a population of less than ten
thousand (10,000) should elect not more than three (3). The
requirement that the minority party be represented among the
selectmen was also introduced in 1915.
E. The office of first selectman existed in practice before 1860,
but for the first time in that year the office was mentioned in a
law, which provided that the first selectman should be town
agent. In 1874, for the first time, the election of the first selectman separately from the other selectmen was contemplated
by law. Since that time some specific powers have been vested
in the first selectman alone, but most powers are given legally
to the selectmen as a body. The first selectman’s dominant role
carrying on the day-to-day activities of the board is almost entirely the result of custom.
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F. The requirement that every town elect selectmen was not continued in the state constitution adopted in 1965. Until then selectmen had been elected in each of the one hundred sixty-nine
(169) towns although in those with the mayor-council and
council-manager forms of government the selectmen’s only
duty had been the constitutionally imposed one of registering
voters. The 1965 constitution, in addition to removing the requirement that selectmen be elected, provides that the General
Assembly establish procedures by which the qualifications of
voters are determined. Under these statutes the selectmen are
no longer required as members of the board to provide for admission of electors.
G. During the decade prior to the adoption of the 1965 constitution, the legislature adopted various home rule statutes which
permitted towns to vary their method of governance and to enact charter provisions which establish a wide array of municipal management systems. Among them are the mayormanager, council-manager, representative town meeting, and
“strong mayor” systems of government, in addition to the traditional selectman-town meeting form that exists in those
towns without a charter.
§ 5-2. First Selectman as Chief Executive.
A. The statutes have for centuries provided that the selectmen
shall superintend the concerns of the town. From this short, but
all-inclusive, statement derives the unique position of the
board of selectmen in the Connecticut towns which operate
under the selectmen-town meeting form of government as provided by the General Statutes. The selectmen have certain legislative powers: they convene the town meeting, they draft ordinances which the town meeting adopts, they make certain
appointments which in consolidated towns and cities are made
by the legislative body. The selectmen are the principal administrative officials of the town: they build and maintain roads,
keep the town’s financial records, administer the town’s wel5:3
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fare services and appoint administrative boards and commissions.
B. Most of the major powers and duties which have been delegated by the state have been given to the board of selectmen.
However, Section 7-12a of the General Statutes states that,
unless otherwise provided by law, “in each town for which its
board of selectmen is the executive authority” the first selectman is the chief executive officer of the town and a non-voting
member of all town boards, commissions and committees. The
strength which this section has given in recent years to the first
selectman’s position as coordinator of the activities of the
many town boards and commissions has been used with success. The designation of the first selectman as the chief executive officer of the town was added to this section in 1979. It
recognizes that for town business to be conducted orderly, the
board must have a “point person” who can act for it in routine
matters and in other matters that have received the board’s approval. It also clarifies the situation when the General Statutes
require that the chief executive officer of the municipality perform certain functions or duties, language which is increasingly used throughout the state laws.
C. In a significant number of Connecticut towns operating under
the General Statutes, the first selectman serves full-time. In
this capacity he/she is the road superintendent, the welfare director, the town’s accountant and fiscal officer, and the coordinator of all the administrative activities of the town government. The first selectmen who function in this manner, however, do not do so without the assistance of the other board
members. More often than not, the board meets at regular intervals, as often as once a week, to discuss details of day-today administration as well as to make policy decisions.
D. Finally, it should be noted that certain duties are set forth in
the statutes which belong exclusively to the first selectman as
chief executive officer of the municipality, although others
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may exist under town ordinances, regulations or resolutions.
Among them are the following: selection of one (1) of the neutral arbitrators for binding arbitration [Section 7-473c(b)(2)];
accepting offers of federal aid regarding civil preparedness
(Section 28-15); appointing a local board for civil preparedness (Section 28-7); appointing a person to handle deferred
compensation programs (Section 7-464a); appointing hearing
officers for parking ticket appeals (Section 7-152b); appointing
hearing officers for citation appeals (Section 7-152c); appointing special constables (Section 7-92); appointing a municipal
agent for the elderly (Section 7-127b); appointing a municipal
agent for children (Section 7-127c); appointing and removing
members of the conservation commission (Section 7-131a);
appointing members of a municipal parking authority (Section
7-203); appointing civil service commission members (Section
7-408); and, subject to approval by board, appointing a health
director (Section 19-200a).
§ 5-3. Election, Oath and Bond.
A. The selectmen are elected at the biennial town election. Most
towns elect a first selectman and two (2) other selectmen;
towns with populations over ten thousand (10,000) may elect
not more than six (6) selectmen in addition to the first selectman. Votes cast for the unsuccessful candidate for first selectman are counted for him or her as a member of the board, provided no person can be a candidate for first selectman and also
for the board at the same election (Section 9-188). The term of
office of the selectmen is two (2) years (Section 9-187). Each
of these provisions may be varied by charter.
B. The selectmen must be electors of the town; if a selectman
ceases to be an elector, he or she may no longer serve as selectman (Sections 1-1c; 9-186). Minority representation on the
board is provided for as set forth in Section 9-167a, except that
for a five-member board, consisting of the first selectman and
four (4) selectmen, the maximum number of members who can
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belong to the same political party is three (3), unless otherwise
provided by special act or charter (Sections 9-188; 9-167a).
C. When a vacancy occurs in the office of selectman, it is filled
within thirty (30) days by the remaining members of the board.
They may appoint one (1) of their numbers to the office of first
selectman and then fill the remaining vacancy on the board. If
the vacancy is not filled by the board within thirty (30) days, it
is filled by vote of the elective town officers of the same political party as the person vacating the office or, if he or she did
not belong to a political party, by all the elected town officers.
The term “town officers” does not include state representatives
or town officers who serve on town boards whose members are
not elected at one (1) town election for the same term. The vacancy is filled for the remainder of the unexpired term or until
a special election is called in accordance with Section 9-222
(Section 9-222).
D. A selectman may not also hold the office of town clerk, town
treasurer, tax collector, judge of probate or registrar of voters
(Section 9-210). Before entering upon the duties of their office, the selectmen must be duly sworn. The person administering the oath must file a certificate that the oath has been
taken with the town clerk (Sections 7-10; 1-22; 1-25).
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Specific Duties of the Selectmen
§ 6-1. Introduction.
A. The specific duties of the board of selectmen in towns which
operate under the General Statutes and in which these duties
have not been delegated by special legislation to another executive officer have been grouped here under various headings. Because of the large number and variety of activities
which the selectmen perform, no attempt has been made to
quote the applicable statutory provisions in their entirety. It is
necessary to consult the statutes in every instance for the details of carrying out the obligations stated. In many instances
some of the duties may be carried out under very special circumstances which are not detailed in this Manual. Some responsibilities are shared with other town officials or with private individuals and corporations; these other persons have not
been listed in most cases.
B. For convenience, the statutory references have been included
in the text. For example, “(Section 7-188)” refers to Section
188 of Title 7, i.e., Section 7-188, of The General Statutes of
Connecticut, Revision of 1958, Revised to January 1, 2011.
Statutory references in this Manual are current through the
2011 regular session of the General Assembly (which adjourned on June 8, 2011).
C. Although this Manual is designed as a guide to the provisions
of the General Statutes, the General Statutes must always be
consulted for the complete provisions and for details of their
application. Further, ensuing editions of the General Statutes
and the public acts must regularly be consulted for amendments made by subsequent sessions of the General Assembly.
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D. First Selectman as Chief Executive Officer. Unless otherwise
provided by law, the first selectman, in each town in which the
board of selectmen is the executive authority, is the chief executive officer of the town and an ex-officio member, without
vote, of all boards, commissions and committees. This provision does not affect any special act which gives the first selectman power to vote on boards, commissions and committees (Section 7-12a).
§ 6-2. Boundaries.
Boundary Markers. Each town must have its boundaries set out by
plain and durable marks and monuments of the type specified in
the statutes (Section 7-113).
§ 6-3. Building Inspection and Safety.
State Building Code. The state building code, including any
amendments adopted by the State Building Inspector and the
Codes and Standards Committee, shall be the building code for all
towns, cities and boroughs [Section 29-253(a)]. The chief executive officer of any town, city or borough, unless other means are
already provided, shall appoint an officer, known as a “building
official,” to administer the code for a term of four (4) years. Two
(2) or more communities may combine in the appointment of a
building official [Section 29-260(a)]. Sections 29-261 and 29-262
prescribe the qualifications for and licensing of building officials.
§ 6-4. Charters and Ordinances.
A. Vote to Draft Charter. The board of selectmen may, by a twothirds vote of the entire membership of the board, initiate action to draft a charter for the town or revise an existing charter.
Ten percent (10%) of the voters may petition the selectmen to
initiate such action [Section 7-188(a) and (b)].
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B. Charter Commission. Within thirty (30) days after the vote or
petition to draft a charter, the selectmen must, by resolution,
appoint a commission. The commission must have not less
than five (5), nor more than fifteen (15), members who are
electors of the town, not more than one-third (1/3) of whom
hold office in the town, and not more than a bare majority of
whom are members of the same political party [Section 7190(a)]. The selectmen must direct the commission to consider
the recommendations included in the charter petition and may
make other recommendations to the committee. The selectmen
must specify by resolution when the commission must report
the proposed charter or amendments, but the report must be
made no later than sixteen (16) months from the date of the
commission’s appointment [Section 7-190(b)].
C. Public Hearing and Recommendations. Within forty-five (45)
days after receiving the draft report from the commission, the
selectmen must hold at least one (1) public hearing on it.
Within fifteen (15) days after the last hearing, the selectmen
must make recommendations to the commission for proposed
changes in the report [Section 7-191(b)]. If no recommendations are made to the commission, the draft report, as submitted by the commission, is deemed final. If recommendations
are made by the selectmen, the commission must confer with
the selectmen about their proposed changes and may amend
any provisions of the proposed charter or reject any of the recommendations. The commission must make its final report to
the selectmen within thirty (30) days after receiving their recommendation [Section 7-191(c)].
D. Approval of Charter. Within fifteen (15) days after receiving
the final report of the commission, the selectmen, by a majority vote of its entire membership, must approve or reject the
proposed charter or amendments, or separate provisions
thereof. If the proposed charter is rejected, a petition for a referendum on the proposed charter signed by ten percent (10%)
of the electors may be presented to the selectmen within forty6:3
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five (45) days from the selectmen’s vote to reject. Not later
than thirty (30) days after either approval by the selectmen or
certification of the petition for referendum, the proposed charter or amendments must be published in full at least once in a
newspaper circulated in the municipality [Section 7-191(d)].
E. Referendum. The selectmen must determine, by a majority
vote of the entire board, whether the charter or amendments
will be submitted to the electors at a regular or special election.
The election must be held not later than fifteen (15) months after either the selectmen approve the charter or amendments, or
the petition for referendum is certified [Section 7-191(e)]. The
charter or amendments become effective if approved by a majority of the electors voting on them at a regular election or by
a majority equal to at least fifteen percent (15%) of the electors
of the town at a special election. The charter becomes effective
thirty (30) days after approval, unless an effective date is
specified in the charter [Section 7-191(f)].
F. Home Rule Ordinances. The selectmen, by a two-thirds vote,
may initiate action to amend a home rule ordinance which had
been adopted prior to October 1, 1982. In addition, the
amendment process may be initiated by a petition signed by at
least ten percent (10%) of the municipality’s electors (Section
7-188). A home rule ordinance commission is appointed in the
same way that a charter commission is appointed (Section 7190). Adoption of the ordinance follows the same procedure as
that for a charter or charter amendments (Section 7-191).
G. Ordinances. Ordinances enacted at a town meeting become
effective fifteen (15) days after publication in a newspaper
having circulation in the municipality (Section 7-157).
H. Publication of Ordinances and Special Acts. All towns must
compile and publish in permanent form all town ordinances
and special acts relating to the town. This compilation must be
kept up-to-date by publication of biennial supplements on or
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before March 1 of each even-numbered year. The compilation
and supplements must be available for sale to the public at a
reasonable cost (Section 7-148a).
§ 6-5. Civil Preparedness.
A. Town Director and Advisory Council. Every town or city must
establish a local organization for civil preparedness in accordance with the state civil preparedness plan and program. Two
(2) or more towns or cities, with approval of Commissioner of
Emergency Management and Homeland Security, may establish a joint civil preparedness organization [Section 28-7(a)].
The local organization must include an advisory council and a
director appointed by the chief executive officer of the town.
The advisory council must include representatives of town
agencies concerned with civil preparedness and representatives
of interests which are important to the civil preparedness program in the town including business, labor, agriculture, veterans’ and women’s groups and others [Section 28-7(b)]. The director may, with commissioner approval, collaborate with
other public and private agencies within the state or other
states to develop mutual aid agreements for civil preparedness.
These agreements must be consistent with the state civil preparedness plan [Section 28-7(d)].
B. Outside Aid. The chief executive authority of the town or city
may request assistance from another municipality in an emergency (Section 28-8).
C. Civil Preparedness Funding and Emergency Plans of Operation. The chief executive authority of the town may accept
funding for civil preparedness from the federal government or
from any person, firm or corporation, and may authorize any
officer of the town to receive such funding [Section 28-15(a)].
However, to be eligible for state or federal emergency preparedness aid, towns or cities must develop, and obtain the required approvals of, an emergency plan of operation. Plans of
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operation must address the issues identified in Section 28-1(4).
The plans of towns or cities on the shoreline must also address
issues identified in Section 28-7(a) and must be approved by a
committee of the General Assembly. All towns and cities must
have their plans approved by the local director of civil preparedness and the local chief executive and subsequently, by the
Commissioner of Emergency Management and Homeland Security. Approvals must be obtained by January 1, 2008, and
must be renewed annually [Section 28-7(a)].
§ 6-6. Collective Bargaining.
A. Right to Bargain Collectively. Municipal employees, as defined in Section 7-467(2), have the right of self organization;
to form, join or assist any employee organization; to bargain
collectively through representatives of their own choosing on
questions of wages, hours and other conditions of employment; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,
free from actual interference, restraint or coercion [Section 7468(a)]. Elected officials and administrative officials are
among those excluded from collective bargaining [Section 7467(2)].
B. Duty to Bargain Collectively. The municipal employer and the
employee organization designated as exclusive representative
of employees in a bargaining unit have the duty to bargain collectively through appropriate officials or their representatives
(Section 7-469). Collective bargaining is the performance of
the mutual obligation of the municipal employer or his/her
designated representative and of the employees’ representative
to meet at reasonable times. Such reasonable times include
meetings appropriately related to the budget-making process;
to confer in good faith with respect to wages, hours and other
conditions of employment; to negotiate an agreement or any
question arising thereunder; and to execute a written contract
incorporating any agreement reached if requested by either
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party. But this obligation does not compel either party to agree
to a proposal or require the making of a concession [Section 7470(c)]. The chief executive officer may recognize an employee organization as representative of a majority of employees for the purpose of collective bargaining [Section 7-468(b)].
C. Negotiations between Employer and Employees. The chief
executive officer or his/her designated representative shall represent the municipal employer in collective bargaining with the
designated employee organization [Section 7-474(a)]. Agreements reached by the negotiators must be reduced to writing.
Where the legislative body is the town meeting, approval of
the agreement by a majority of the selectmen makes it valid
and binding upon the town and the board of finance must provide whatever funds are necessary to comply with the collective bargaining agreement [Section 7-474(b)].
§ 6-7. Districts.
A. Special Districts. A district is defined as any fire, sewer, or
lighting district; any village, beach or improvement association; and other districts or associations, except school districts,
which are wholly within a town and which have the power to
make appropriations or levy taxes (Section 7-324). Fifteen (15)
or more voters may petition the selectmen to call a meeting of
the voters in a proposed district to vote on the formation of a
district. The petition must specify the limits of the district and
the purposes for which it is being organized. The selectmen
designate the place and time for the meeting which must be
held within thirty (30) days after the petition is filed. A written
notice of the meeting, signed by the selectmen, is to be published in two (2) successive issues of a newspaper published or
circulated in the town at least fourteen (14) days before the
date of such meeting (Section 7-325).
B. Port District and Authority. Any town may, by vote of its legislative body, establish a port district. The affairs of the district
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are administered by a port authority of five (5) to seven (7)
members. Members of the port authority are appointed by the
chief executive of the town and serve for a term of office prescribed by the legislative body. Vacancies are filled by the
chief executive for the unexpired term. Members serve without
compensation except necessary expenses (Section 7-329a).
The jurisdiction of a port authority does not extend to matters
reserved to the state under Section 15-1 et seq., nor to licensure of pilots, safe conduct of vessels, and protection of the
ports and waters of the state. In addition, jurisdiction does not
extend to matters relating to: (1) solid waste facilities; (2) recycling facilities; (3) building of a paper mill or paper recycling facility; or (4) the Connecticut Resource Recovery Authority. The powers and duties of a port authority are defined
in Section 7-329c.
C. Historic District Study Committee. The legislative body shall
appoint or authorize the chief elected official of the town to
appoint an historic district study committee for the purpose of
investigating a proposed historic district (Section 7-147b).
D. Transit District. The board of selectmen appoint members of a
transit district board of directors (Section 7-273c).
§ 6-8. Dogs.
A. Municipal Animal Control Officer. The chief of police in
towns and cities which have a police department and the selectmen or chief executive officer of each town which has no
police department, or other appointing authority designated by
the town charter, must appoint a municipal animal control officer and assistants as deemed necessary to administer and enforce the laws relating to dogs or other domestic animals.
Qualifications for municipal animal control officer shall be
prescribed by the Commissioner of Agriculture, and the term
of office shall be at least one (1) year [Section 22-331(b)].
Full-time municipal animal control officer are required in
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towns and cities having a population over twenty-five thousand (25,000) [Section 22-331(a)]. Appointments made under
this section must be promptly reported to the commissioner
[Section 22-331(c)].
B. Regional Animal Control Officers. The legislative bodies of
two (2) or more contiguous towns may agree to be served by a
regional animal control officer if each town has a population of
under twenty-five thousand (25,000), and if each has provided,
or will provide, a dog pound within their region. The legislative agreement must be certified to the commissioner of agriculture, who may establish the region (Section 22-331a).
C. Damage by Dogs. A person who sustains damage by dogs to
certain domestic animals which have been confined according
to law shall report the damage to the chief administrative officer of the town in which such damage was sustained, or to that
administrative officer’s agent. The report must be made within
twenty-four (24) hours or, if on a weekend, the next business
day. The chief administrative officer or his/her agent and the
person claiming the damage must estimate the amount of damage. Claims for damages may not be allowed to anyone who
owns, keeps or has in his/her possession an unlicensed dog or
who fails to report within the time specified [Section 22355(a)]. Provision is made for a person who has sustained dog
damage to institute a civil action against the town if the chief
administrative officer or his/her agent fails to meet the requirements of the statute [Section 22-355(d)]. The chief administrative officer must report a notice of dog damage to the
commissioner of agriculture within twenty-four (24) hours
[Section 22-355(e)]. The town pays the amount of the damage
and the compensation of the person assisting in estimating the
amount of the damage. It may recover this amount from the
owners or keepers of the dogs, if they are residents of the
town. If the owners or keepers are nonresidents, the town may
recover from the town of their residence, which may, in turn,
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recover this amount from the owners or keepers of the dogs
[Section 22-355(b)].
D. Dog Pound. Every town must provide and maintain a comfortable sanitary building for the detention and care of impounded
dogs, or provide by written agreement for such services with a
licensed veterinarian, licensed veterinary hospital, licensed
commercial kennel, a facility owned by another municipality,
or another facility approved by the Commissioner of Agriculture (Section 22-336).
E. Registration of Dogs. The selectmen must annually, at least
thirty (30) days before June 30, post on the town signpost a notice that dogs must be licensed in June (Section 22-337).
§ 6-9. Education.
A. School Districts. When a school district lays a tax based on the
town grand list, the selectmen and assessors sit as a committee
to exercise the functions of the board of assessment appeals
with regard to changes in the list (Section 12-200).
B. Hardship Grants. If a municipality is unable to finance a
school building project, the town meeting may direct the selectmen or the chairman of the board of education to apply to
the state board of education for a hardship grant to finance
such project (Section 10-288).
C. Truant Officers. The selectmen approve fees to be paid to officers arresting truants; the arresting officer must present a written statement showing the name of the child, the day of the arrest, and the school to which the child was returned (Section
10-201).
D. Board of Education. If the town board of education fails to
elect officers as provided, the selectmen shall choose them
from the membership of the board (Section 10-218).
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E. Regional School District. If a town which is a member of a
regional school district fails to appropriate the amount necessary for payment of its share of the district’s budget, the board
of selectmen may petition the superior court to determine the
amount of the deficiency (Section 10-51a).
F. Private Academy School Construction. Any private academy
may propose to the selectmen that its school building project
should be financed by a loan of the proceeds of bonds or notes
of the municipality and to have such bonds or notes guaranteed
by the town. The selectmen may, and upon the recommendation of the board of education of such qualifying municipality
shall, hold a public hearing and a referendum vote on such
proposal (Section 10-289e). If such a loan is approved it, the
selectmen shall approve the loan agreement with the private
academy [Section 10-289f(c)].
§ 6-10. Elections.
A. Board for Admissions of Electors.
(1) The selectmen and the town clerk are members of the
board for admission of electors unless the legislative body
of the town votes to change the membership of the board
to either (1) the town clerk, the selectmen and the registrars of voters or (2) the town clerk and the registrars of
voters [Section 9-15a(a)].
(2) A person who is denied admission as an elector may appeal the decision of an admitting official to the registrars
of voters, unless the admitting official is a registrar of voters, in which case the appeal shall be made to the board for
admission of electors [Section 9-31l(a)]. To appeal to the
board, an individual must give written notice to the board.
The board must then notify, in writing, the appellant and
the admitting official of the time and place the appeal will
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be heard. The hearing must be within twenty-one (21) days
after notice of the appeal is given to the board [Section 931l(b)]. The board may receive sworn testimony and other
evidence relating to the right of the person to be or to remain an elector [Section 9-31l(c)]. The board must render
its decision within seven (7) days after the hearing and
must notify the appellant and the admitting official in writing of its decision [Section 9-31l(a)(4)].
B. Distance Markers at Polling Places. The selectmen must provide suitable markers to indicate the 75-foot distance from the
entrance of each polling place [Section 9-236(b)(1)]. The size
and wording on these markers is set forth in Section 9236(b)(1).
C. Rooms for Holding Elections. The selectmen, unless otherwise
provided by law, must provide or may authorize the registrars
of voters to provide a suitable room or rooms and voting tabulator booths for holding all elections. The interior of the booths
must be secure from outside observation (Section 9-240, as
amended by Public Act 11-20, Section 1).
D. Voting Tabulators.
(1) The selectmen must provide each polling place with the
number of voting tabulators approved by the Secretary of
State (Section 9-238, as amended by Public Act 11-20,
Section 6).
(2) Voting tabulators, furniture, and equipment are in the custody of the selectmen. The selectmen must store these
items and keep them in working order (Section 9-240, as
amended by Public Act 11-20, Section 1).
(3) When a voting tabulator is discontinued from use or is
sold, the selectmen must send written notice to the Secretary of State of this fact. The notice must contain the in6:12
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formation enumerated in Section 9-238(b), including the
time or reason for discontinuance [Section 9-238(b)]. During the first week of February in each year, the town clerk
must notify the Secretary of State of the number of voting
tabulators in the town and must file a duplicate of this notice with the selectmen (Section 9-238a, as amended by
Public Act 11-20, Section 7).
(4) The selectmen, as the officials responsible for providing
voting tabulators to towns, must arrange for examination
of each voting tabulator not more than two hundred ten
(210) days or less than thirty (30) days prior to each regular election. This examination must be made by the company manufacturing the machine or its successor or, with
approval of the Secretary of the State, by persons skilled in
the mechanics and operation of voting tabulators and is for
the purpose of determining that the tabulator is in sound
operable condition for use in the election. The inspectors
must file a report of the inspection with the secretary and
the selectmen. Machines found not in sound operable condition must be repaired or replaced. The cost of such examination is paid by the town (Section 9-240a, as amended
by Public Act 11-20, Section 8).
E. Special Town Elections. Upon the occurrence of a vacancy in
a municipal office or upon the creation of a new office to be
filled prior to the next regular election, a special town election
may be convened either by the board of selectmen or upon application of twenty (20) electors of the town. The date of a
special town election is determined by the board of selectmen
and then filed with the municipal clerk. On application of
twenty (20) electors of the town, the date of such election must
be within one hundred fifty (150) days after the filing of the
application. The town clerk shall warn such election in the
same manner as a municipal election under Section 9-226
[Section 9-164(b)].
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F. Emergency Contingency Plan. The registrar of voters of a municipality must create an emergency contingency plan for elections, primaries, and referenda to be held within each municipality. This plan must be submitted to the selectmen for approval within six (6) months after the adoption of a model plan
by the Secretary of the State. If no plan is submitted for approval, the municipality shall be deemed to have adopted the
model plan adopted by the Secretary (Public Act 11-46, Section 2).
§ 6-11. Finance.
A. Budget. In towns without a board of finance, the selectmen
present to the annual town meeting or to the annual budget
meeting itemized estimates of the expenses of the departments
of the town for the coming year (Sections 12-122; 7-388). In
towns which have adopted the uniform fiscal year statutes and
which have no board of finance, the selectmen must publish
the budget in accordance with Section 7-344. The budget must
include the items specified in Sections 7-344 and 7-390 (Section 7-390). The town meeting must make specific appropriations for all purposes authorized by law and provided for in the
warnings of meetings at which appropriations are made (Section 7-121).
B. Expenditures. No town officer may expend or contract for expenditure of more than is appropriated for any department. In
cases of necessity connected with the repair of highways,
bridges, sidewalks and water and sewer systems and the care
of the town poor, appropriations may not be exceeded by one
thousand dollars ($1,000) (Section 7-348). Any officer who
violates those provisions shall be liable in a civil action in the
name of the municipality (Section 7-349).
C. Additional Appropriations.
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(1) In towns with boards of finance, when it becomes necessary to spend more than has been appropriated for any department, the selectmen must notify the board of the need
for an additional appropriation. The board of finance may
make the necessary appropriation. However, the appropriation must be approved by town meeting (1) in towns
where the grand list is less than twenty million dollars
($20,000,000), if the amount required, together with any
additional appropriations made by the board for the department during the fiscal year, exceeds ten thousand dollars ($10,000) and (2) in towns where the grand list is
more than twenty million dollars ($20,000,000) if the
amount required, together with any other additional appropriations made during the fiscal year, exceeds twenty thousand dollars ($20,000). No more than one (1) additional
appropriation for any one (1) department shall be made in
one (1) year without town meeting approval. The board of
finance may make additional appropriations for the care of
town poor without town meeting approval not to exceed in
the aggregate two thousand dollars ($2,000) in towns
where the grand list is less than twenty million dollars
($20,000,000) or four thousand dollars ($4,000) in towns
where the grand list is more than twenty million dollars
($20,000,000) (Section 7-348).
(2) When appropriations are not made before the beginning of
the fiscal year, the disbursing officers may make necessary
expenditures during the first ninety (90) days of the fiscal
year. Proper warrants must be used and the amounts must
be authorized by the appropriating body, the board of finance or the budget-making authority. These expenditures
constitute the first charges against appropriations for the
fiscal year in which they are made (Section 7-405).
D. Bonds and Borrowing. Any town issuing bonds may authorize
the selectmen or board of finance or other officers or board to
determine the rate of interest and the time of payment of bonds
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(Section 7-370). In addition, the selectmen may authorize the
issuance of refunding bonds for the purpose of paying, funding, or refunding prior to maturity all or any part of such
town’s bonds (Section 7-370c).
E. Issuance of Taxable Bonds. Any town may issue taxable bonds
or other obligations only upon a finding by its selectmen,
board of finance, or other officers or board that the issuance of
such taxable bonds or other obligations is in the public interest
(Section 7-369a).
F. Tax Collector. The selectmen fix the amount of the tax collector’s bond, which must be procured from a surety company of
good standing. The premium on the bond is paid by the town
(Section 12-136). The selectmen may appoint an acting tax
collector when the collector becomes unable to perform his/her
duties. The appointment must be in writing, and the acting collector must be sworn and bonded (Section 12-137). If the tax
collector refuses to receive the rate bill, to give bond, or to collect and pay the tax within the time limit and returns the rate
bill, the selectmen may deputize some person to collect the
sums due on the rate bill who shall also give a bond as described above (Section 12-136).
G. Rate Bills. The selectmen are responsible for making out and
signing rate bills showing the proportion each taxpayer must
pay according to the assessment list. This means that the selectmen prepare the tax collector’s rate book which itemizes
the taxes due from each taxpayer. The selectmen must have a
judge of the superior court or a justice of the peace issue a
warrant for the collection of the rate bill (Section 12-130). The
selectmen or town clerk assigns a number to each tax account
(Section 12-134). If the town fails to lay necessary taxes or to
lay a tax sufficient to pay the town’s current expenses, the selectmen must make a rate bill for the needed amount and have
it collected (Section 12-123).
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H. Receipts for Taxes Paid. The town must supply the collector
with record receipt books containing forms in duplicate, consecutively numbered. The selectmen may issue a duplicate receipt where the original has been mutilated or lost (Section 12151).
I.
Property Tax Abatement. The selectman may abate certain
property taxes of certain commercial property, such as farms,
vineyards, lobstering businesses, theme parks, water companies, property undergoing certain types of environmental
remediation, food manufacturing plants, information technology personal property, school buses, electric cooperatives, and
communications establishments (Sections 12-81m; 12-81o; 1281p; 12-81q; 12-81r; 12-81t; 12-81u; 12-81v; 12-81y; 12-81z;
12-125a).
J. Abatements and Refunds of Taxes.
(1) The selectmen may abate taxes, or the interest on delinquent taxes, or both, of persons who are poor and unable to
pay; they must present a list of those persons to the annual
town meeting (Section 12-124). The selectmen may also
abate taxes of a corporation if the amount of taxes due by
the corporation is a handicap to receiving a federal working capital loan. A written application for the abatement
must be made; and a hearing may be held on the application and the facts therein. However, the abatement of any
taxes is subject to the approval of the Secretary of the Office of Policy and Management and the consent of the Attorney General (Section 12-125).
(2) The selectmen must approve abatement or refund of taxes
on personal property assessed in more than one (1) town,
taxes erroneously collected from veterans or their relatives, and excess payments. The tax collector receives applications for these abatements or refunds and turns them
over with his/her recommendations to the selectmen who
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take final action (Sections 12-126; 12-128; 12-129). Any
town may, upon approval of the board of selectmen, abate
taxes on a residence when the taxes exceed eight percent
(8%) of the taxpayer’s income [Section 12-124a(a)].
(3) The selectmen may approve an election to not charge or
collect interest for a period of one year on any property tax
or any installment that is payable by any resident of the
state who (1) is a member of the armed forces of the
United States or of any reserve component, (2) has been
called to active service in the armed forces in the United
States, and (3) is serving outside the state on the final day
that payment of such property tax or installment or part
thereof is due (Public Act 11-62, Section 1) (effective October 1, 2011 and applicable to assessment years commencing on and after October 1, 2011).
K. Transfers to Suspense. In towns without a board of finance, the
selectmen must examine the tax collector’s list of uncollectible
taxes and designate each tax which they believe to be uncollectible. These taxes may be transferred by the collector to the
suspense tax book (Section 12-165).
L. Deferred Collection. The selectmen authorize the tax collector
to defer collection of property taxes when application for deferment is made and to continue the loan securing such tax for
up to fifteen (15) years (Section 12-174).
M. Tax Liens. The selectmen may discharge liens filed to secure
payment of taxes when the tax is abated or paid, or on advice
of the town counsel. A certificate discharging the lien must be
filed in the land records (Section 12-179).
N. Lists of Taxpayers. The selectmen must preserve the lists of
taxpayers delivered by the collector to the town treasurer until
the collector’s accounts are finally settled (Section 12-149).
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O. Actions Against the Tax Collector. The selectmen must enforce forfeiture by the tax collector of his/her compensation
when the collector has illegally retained tax money or tax lists
(Section 12-147). When a collector fails to collect and pay
taxes within the time set by law, the selectmen may apply to a
judge of the Superior Court for an execution against the collector. The selectmen may apply to the Superior Court for removal of a collector who fails to perform his/her duties (Section 12-154).
P. Tax Exempt Property. The chief executive officer of the town
must notify the tax collector when the town receives property
which would be exempt from taxation under subsection (4) of
Section 12-81 (municipal property) (Section 12-81d).
Q. Extension of Time to Complete Grand List. The chief executive officer of the town must approve a request by the assessors or board of tax review for an extension of time to complete their duties. The chief executive officer must provide
written notice of such extension to the Secretary of the Office
of Policy and Management [Section 12-117(a)].
R. Annual Audit. The budget-making authority of the town must
annually select an independent auditor to audit the town accounts. The budget-making authority must file the name of the
independent auditor with the Secretary of the Office of Policy
and Management (Sections 7-392; 7-396).
S. Town Treasurer. The treasurer’s record of receipts and payments is presented to the annual town meeting after adjustment
by the selectmen [Section 7-80(a)].
T. Deposit and Investments of Town Funds. The selectmen may,
on request of any custodian of public funds, designate banks
which will be depositaries of public funds. The designation,
which must be in writing, is filed with the town clerk and may
specify the funds and the maximum amounts to be deposited in
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each depositary [Section 7-402(b)]. The town treasurer may,
with approval of the town’s budget-making authority, invest
temporarily in direct obligations of the United States any portion of bond proceeds or other funds, including the general
fund, as are deemed available for this purpose (Section 7-400).
U. Selectmen’s Orders. The selectmen must adjust and settle all
claims against the town and draw orders on the treasurer for
their payment. The selectmen must make a monthly sworn
statement to the town treasurer of the amount, number and date
of each town order drawn by them. They must keep a true and
permanent account of all expenditures; this account is verified
under oath at the end of the year and made available for auditing and public inspection (Section 7-12). All orders drawn by
the selectmen on the treasurer must be signed by a majority of
the selectmen and must be in duplicate or upon an order which
has an attached stub. The duplicate or stub must contain a
comprehensive statement of the amount and purpose for which
the order was drawn (Sections 7-13; 7-83).
V. Municipal Reserve Fund. Upon recommendation of the board
of finance or, in towns without a board of finance, the selectmen, the town meeting may create a reserve fund for capital
and nonrecurring expenditures (Section 7-360). In towns without a board of finance, the selectmen make recommendations
to the town meeting for payments into the fund, direct the
treasurer to invest the fund, and recommend use of the fund
(Sections 7-361; 7-362; 7-364).
W. Agreement on Assessment of Multi-family Housing. A town
acting through the board of selectmen has the power to enter
into an agreement with a taxpayer fixing the assessment on
multi-family housing projects (Section 12-65).
X. Appeals from Action of the Commissioner of Revenue Services. Any town aggrieved by an action of the Commissioner
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of Revenue Services may appeal to the Superior Court (Section 12-33).
§ 6-12. Fire and Police Protection.
A. Fire Department. The town meeting may establish a town fire
department under the management of the board of selectmen.
The selectmen may make regulations for conduct of the department; appoint, discipline and remove department employees; and purchase supplies and equipment for its operation.
The town meeting may direct selectmen to enter into an
agreement with volunteer fire companies for fire protection in
the town and prescribe conditions of financial assistance and
regulation by the board of selectmen. A town fire department
may not supersede any volunteer company which owns property without first making an agreement with the company as to
the disposition of, and compensation for, the property (Section
7-301).
B. Fire Police. The authorities having supervision of the fire department of any town, city, borough or district may appoint
any number of persons they deem necessary to be fire policemen of the municipality or district. Fire police have the power
and perform the duties designated by the town fire chief, but
which shall include traffic control and regulation (Section 7313a).
C. Fire Marshals. The selectmen, in towns where there is no
board of fire commissioners or other similar board, shall appoint a town fire marshal and deputy fire marshals. Preference
for these appointments must be given to regular or volunteer
firemen (Section 29-297). Local fire marshals holding office in
any municipality must be certified by the state fire marshal
(Section 29-298). Towns may combine to appoint a fire marshal (Section 29-301).
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D. Board of Police Commissioners. Any town may, by ordinance,
establish a board of police commissioners to organize and
maintain a town police department (Section 7-274). The selectmen may fill vacancies on this board (Section 7-275).
E. Special Constables. The chief executive officer of any municipality may appoint any number of special constables as he/she
deems necessary to preserve the public peace within the municipality. Special constables may serve for terms of not more
than two (2) years, or during any public celebration, gathering,
riot or unusual excitement. They have the authority of constables to serve criminal process and make arrests. The chief executive officer of the town may appoint special constables who
have limited geographical jurisdiction or who are appointed at
the request of corporations, associations, or businesses and
have a jurisdiction limited to the land controlled by such corporation, association, or business (Section 7-92).
F. Police Powers of the Selectmen. The selectmen may build or
lease a lockup for persons awaiting trial (Section 7-134). The
town’s first selectman may offer a reward of not more than
two thousand five hundred dollars ($2,500) for information
leading to arrest and conviction of persons committing high
crimes and, upon a two-thirds vote of the town meeting, a reward of twenty thousand dollars ($20,000) for information
leading to the arrest and conviction of persons who committed
crimes resulting in the death of a town police officer or fire
fighter [Sections 54-49(a); 54-49(b)].
G. Police Assistance between Municipalities. The chief executive
officer of any town, city or borough may, whenever he/she determines it necessary to protect the safety or well-being of the
municipality, request the chief executive officer of any other
municipality to furnish police assistance [Section 7-277a(a)].
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§ 6-13. Health and Sanitation.
A. Director of Health. The chief executive officer of each town,
unless the town charter provides otherwise, must nominate a
director of health for the town. The nomination must be confirmed or rejected by the selectmen within thirty (30) days. On
or after October 1, 2010, any person nominated to be a director
of health shall be (1) a licensed physician and hold a degree in
public health from an accredited school, college or institution
or (2) hold a graduate degree in public health from an accredited school, college or institution. The educational requirements described above do not apply to any director of health
nominated or otherwise appointed as director of health prior to
October 1, 2010. The director holds office for a term of four
(4) years from the date of appointment [Section 19a-200(a)]. A
certificate of the appointment must be filed with the Commissioner of Public Health (Section 19a-204).
B. District Department of Health. If the town meeting votes to
join a district department of health, the board of selectmen appoints one (1) member to the board of the district for a threeyear term. Any town with a population over ten thousand
(10,000), as annually estimated by the state Department of
Public Health, is entitled to one (1) additional representative
for each additional ten thousand (10,000) inhabitants or part
thereof, provided no municipality may have more than five (5)
members (Section 19a-241).
C. Swamp Lands. The selectmen shall direct the draining or filling of swampy or wet places which are judged to be unhealthy
by the town Director of Health (Section 19a-212).
D. Water Pollution. If the Commissioner of Energy and Environmental Protection finds that a municipality is causing pollution
of the waters of the state, that a community pollution problem
exists, or that pollution can reasonably be anticipated in the future, the commissioner may issue to the municipality an order
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to abate pollution (Section 22a-428). The governor, when requested by the town, may appoint special policemen to prevent
contamination of reservoirs (Section 25-44). The town may
apply for an injunction to prevent pollution of a water supply
reservoir or associated watershed (Section 25-51).
E. Sewer System. Any town may create a water pollution control
authority to construct and operate a sewer system [Sections 7246(a); 7-247(a)].
F. Vital Statistics. The Registrar of Vital Statistics must obtain
the approval of the selectmen to appoint Sub-registrars of Vital
Statistics (Section 7-65).
G. Emergency Medical Services. The board of selectmen may
petition the Commissioner of Public Health for the removal of
its primary service area responder (Section 19a-181c) or to
hold a hearing if the municipality cannot reach a written
agreement with its primary service area responder (Section
19a-181d).
H. Corpses for Anatomical Purposes. Under specified conditions,
the first selectman can deliver corpses to the University of
Connecticut, Quinnipiac University, Yale University School of
Medicine or the University of Bridgeport College of Chiropractic or its successor institution (Sections 19a-270, as
amended by Public Act 11-242, Section 41; 19a-282; 19a287).
§ 6-14. Highways.
A. Towns to Build and Maintain Highways and Bridges. Towns
must build and repair all necessary highways and bridges
within their limits. The annual town meeting may provide for
the repair of the town’s highways for a period of five (5) years.
If the town fails to so provide, the selectmen may provide for
such repairs for one (1) year (Section 13a-99). The annual
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town meeting or a special town meeting may accept as a public
highway any proposed highway located in the town (Section
13a-48). The state Commissioner of Transportation may transfer any highway, or section of highway, in the state highway
system to a town (Section 13a-44). The Commissioner of
Transportation and the selectmen may enter into an agreement,
in writing, under which a designated section of state highway,
other than limited access highway, will be maintained by the
town (Section 13a-97). The commissioner may agree with authorized officials of the town to construct frontage roads along
limited access highways (Section 13a-98a). The commissioner
may agree with authorized municipal officials to construct, reconstruct, improve or widen urban arterial streets in connection with construction or improvement of limited access highways (Section 13a-98b).
B. Superintendent of Highways and Bridges. A town may vote to
appoint a superintendent of highways and bridges to assume
the duties of the selectmen with regard to highways and
bridges (Sections 13a-8; 13a-10). The selectmen appoint the
superintendent for a three-year term (Section 13a-8).
C. Layout of Highways. The selectmen may lay out necessary
highways. A written survey describing each highway is recorded in the land records of the town (Section 13a-61). No
individual may lay out a highway and open it to the public
without approval of the selectmen [Section 13a-71(a)]. The
first selectman must close any street or highway laid out in
violation of these provisions [Section 13a-7l(c)]. There is a
special procedure for layout and maintenance of highways dividing towns (Section 13a-13). If the selectmen refuse to lay
out or maintain a highway, any person may apply to the Superior Court to force action (Section 13a-63).
D. Discontinuance of Highways. The selectmen may, subject to
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sembly (Section 13a-49). The selectmen must approve discontinuance of highways by a private water company wishing to
enlarge a reservoir (Section 13a-128).
E. Boundaries of Highways. Whenever the boundaries of any
highway have become lost or uncertain, the selectmen, on
written application of anyone owning property adjoining the
highway, may propose the boundaries, conduct a hearing on
the boundaries, and render a decision (Section 13a-39).
Boundaries of new highways must be marked and defined in a
specified manner (Section 13a-41).
F. Bridges. The selectmen may order repair of private bridges
(Section 13a-101). When a town neglects to construct or repair
a highway bridge across a river, the Superior Court, on complaint of any person, may order it constructed or repaired (Section 13a-102).
G. Snow Removal. The selectmen must open all highways
blocked by snow within a reasonable amount of time. Any selectmen who fail to open a highway after written request of six
(6) taxpayers residing on or near the highways may be fined
ten dollars ($10) (Section 13a-107). Rural free delivery routes
must be opened by the selectmen within a reasonable time or
else a person residing on such route may open it at the town’s
expense (Section 13a-108).
H. Assessment of Highway Benefits and Damages. The selectmen
may assess the benefit of laying out, opening, grading or altering any highway against property owners receiving special
benefit therefrom. Any property owner is entitled to payment
from the town for damage to his/her property due to highway
construction (Sections 13a-82; 13a-83; 13a-84; 13a-85).
I.
Guard Rails. Sufficient railing or fence must be erected and
maintained on bridges and those parts of roads raised above
the adjoining ground. Damages may be recovered for injuries
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suffered because of lack of guard rails (Sections 13a-111; 13a152).
J. Damages due to Defective Roads and Bridges. Any person
injured by means of a defective road or bridge may recover
damages from the person responsible for their repair. Notice of
the injury and other pertinent information must be given within
ninety (90) days to a selectman or to the town clerk (Section
13a-149).
K. Town Aid Funds. A specified amount of state funds is allocated annually to be used by towns for constructing, reconstructing, improving or maintaining highways, sections of
highways, bridges or structures incidental to highways and
bridges. Improvements to roads or bridges include plowing
snow; sanding icy pavements; trimming and removing trees;
installing, replacing, and maintaining traffic signs, signals, and
markings; traffic control and vehicular safety programs; traffic
and parking planning and administration; other matters related
to highways, traffic, and planning; and for providing and operating essential public transportation services and related facilities (Section 13a-175a). The funds allocated under Section
13a-175a are distributed among the towns based on the miles
of improved road and the ratio between the town’s population
and the state’s population (Sections 13a-175b; 13a-175c). In
addition, a specified amount of state funds is allocated annually to be distributed pro rata among the towns of the state for
the improvement of dirt and unimproved roads, including
bridges on such roads. The state allocates these funds based on
the total mileage of unimproved roads in each town (Section
13a-175d). Funds under both of these sections are to be distributed to each town semi-annually, one-half (1/2) in July and
one-half (1/2) in January [Section 13a-175e(a)]. The transportation commissioner, upon reasonable request of the selectmen, must furnish supervision, inspectors and engineers for
any purpose connected with laying out, constructing, repairing,
reconstructing or maintaining highways or bridges. However,
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any expenses incurred by furnishing such assistance shall be
paid by the town (Section 13b-31).
L. Emergency Aid. If the state appropriates more funds for town
roads than the towns require, the Governor may make such
funds available for public safety projects. The selectmen, or
other authority having charge of highways in any town, may
apply for such funding to defray, the cost of repairing, improving, altering or replacing roads, bridges and dams. The Governor, advised by the Commissioner of Transportation in the
case of projects concerning roads or bridges and advised by the
Commissioner of Energy and Environmental Protection in the
case of projects concerning dams, will distribute funds to those
projects determined to remedy damage caused by natural disasters and that threatens public safety (Section 13a-175j).
M. Highway Lighting. Upon request of the town, the Commissioner of Transportation may enter into an agreement with the
town to reimburse it for twenty-five percent (25%) of the cost
and annual maintenance of new highway lighting installations
on agreed portions of state-maintained highways [Section 13a110(c)]. At the request of the town, a system of street lighting
on any bridge may be installed by the state, provided the town
reimburses the state for the entire cost [Section 13a-110(b)].
N. Expressway Damage to Highways. When any town highway
or bridge is damaged by equipment used in the construction of
any state highway, the Commissioner of Transportation may,
with the approval of the Attorney General, come to an agreement with the town for the cost of repairing the damage. If the
town and the commissioner cannot agree on the cost, the town
may bring action against the commissioner in the Superior
Court (Section 13a-148).
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§ 6-15. Housing.
A. Housing Authorities. A housing authority is created in every
town and city in the state, but it cannot transact any business
until the selectmen declare by resolution that there is a need
for a housing authority in the town. Their resolution is based
on findings that unsanitary or unsafe dwellings exist in the
town or that there is a shortage of safe or sanitary dwellings
available for families of low or moderate income at rentals
they can afford. The selectmen of two (2) or more towns may
create a regional housing authority (Section 8-40). The selectmen may appropriate funds to the authority to cover its expenses in the first year of operation (Section 8-61).
B. Commissioners of Housing Authority. The selectmen appoint
five (5) commissioners of the housing authority who are residents of the town and who serve for five-year overlapping
terms. Commissioners may not hold any other public office in
the town. The selectmen designate the first chairman of the
commission (Section 8-41). The selectmen may remove commissioners from office for inefficiency, neglect of duty, or
misconduct in office (Section 8-43).
C. Local Housing Partnerships. The board of selectmen may by
resolution authorize the formation of a local housing partnership, which will work with the community, the Department of
Economic and Community Development and other state agencies to solve housing problems faced by the community and
develop ways to increase the supply and availability of affordable housing in the community. The members would include
and be appointed by the first selectman (Section 8-336f).
§ 6-16. Licenses and Permits.
A. Advertising Signs. The consent of the selectmen is necessary
before the Commissioner of Transportation permits erection of
certain advertising signs (Section 21-61). The selectmen must
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remove signs displayed contrary to the provisions of Chapter
411 of the General Statutes (Section 21-60).
B. Auctions. A nonresident may only sell goods at auction if issued a license by majority vote of the selectmen. However, no
license is necessary to auction provisions, charcoal, wood,
products of a farm, and second-hand household furniture (Sections 21-1; 21-2).
C. Bazaars and Raffles. The chief executive officer, in towns in
which there is no police chief, issues licenses for bazaars and
raffles where these have been approved by the town (Section
7-173, as amended by Public Act 11-8, Section 3).
D. Billiard or Pool Rooms. The first selectman grants permits to
suitable persons to conduct public billiard and pool rooms and
may revoke any permit he/she issues (Section 53-280).
E. Bingo. The selectmen decide whether the playing of bingo will
be permitted in the town [Section 7-169(b)]. The Commissioner of Consumer Protection issues individual permits and
may revoke them (Section 7-169(e), as amended by Public Act
11-51, Section 206).
F. Closing-out Sales. Before conduction a closing-out sale, as
defined in Section 21-35a, under the state license prescribed in
Section 21-35b, the seller must apply to the selectmen for a
municipal license (Sections 21-35d; 21-35a).
G. Crematory. In towns without zoning commissions, the selectmen approve the location of crematories when they are not located in a cemetery [Section 19a-320(a)].
H. Exhibitions. The selectmen may license and regulate any exhibitions held in the town (Section 21-6).
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Fireworks. Where there is no police or fire department, the
first selectman approves applications to the state fire marshal
for permits for supervised displays of fireworks by municipalities, fair associations, amusement parks and other organizations [Section 29-357(b)].
J. Fuel Oil Burners and Storage Tanks. The selectmen may enact
rules and regulations for the installation of fuel oil burners,
equipment and storage tanks (Section 29-316).
K. Gasoline. Applications to the state commissioner of motor vehicles for licenses to sell gasoline must be accompanied by a
certificate approving the location. The certificate is issued by
the selectmen, zoning commission, or planning and zoning
commission (Section 14-321).
L. Itinerant Vendors. An itinerant vendor is any person who engages in a temporary or transient business (Section 21-27). In
addition to a state license, an itinerant vendor must have a license issued by the selectmen in each town where he/she does
business. In order to receive a license, a vendor must pay a fee
fixed by the selectmen or a fee equal to the amount of taxes assessable in the town on the goods which he/she is to sell. The
license is valid as long as the vendor continuously sells the
stock of goods or merchandise, but not longer than the first
day of October following its date of issuance (Section 21-29).
Veterans, who served in time of war as defined in Section 27103 and who have been residents of the state for the two (2)
years preceding application for a vendor’s license, do not have
to pay a fee for the license, provided they present proof of residence and service (Section 21-30).
M. Junk Dealers. A junk dealer is anyone who engages in the
business as a dealer and trader in junk, old metals, scrap, rags,
waste paper or other second-hand articles that are no longer
serviceable for their original manufactured purpose (Section
21-9, as amended by Public Act 11-100, Section 13). Any
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town may regulate licensing of junk dealers by ordinance. A
certificate of registration issued by the state motor vehicle department must be presented by each applicant for a license
(Section 21-10). The license is issued by the selectmen. The
selectmen may examine the dealer’s record of his/her transactions at any time (Section 21-11).
N. Lodging Houses. The selectmen may grant licenses to suitable
persons to be lodging house keepers and to carry on the business of renting rooms and beds for lodging and may revoke
such licenses for cause. A file of all persons lodging in the
house must be kept in English and must be open to inspection
by the selectmen (Section 21-48).
O. Mass Gatherings. The chief elected official of a municipality
(or a designee) issues the license to hold an assembly that is
expected to continue for twelve (12) or more consecutive
hours and for which the average number of persons assembled
during all hours of the assembly can reasonably be expected to
equal or exceed two thousand (2,000) persons. A municipality
may waive the licensure process, provided no assembly may
gather without a license unless the person undertaking the
assembly has provided to the chief elected official (or
designee) not less than twenty days prior to the date when the
assembly is to gather: (1) prior notification to the chief elected
official (or designee) where the assembly is to gather, and (2) a
letter to the chief elected official (or designee) documenting
that the requirements of section 19a-437 have been met (Section 19a-436).
P. Motor Vehicle Junk Yards. A motor vehicle junk yard is any
business at which are stored or deposited two (2) or more unregistered motor vehicles no longer in condition for legal use
on public highways or parts equivalent to two (2) or more motor vehicles (Section 14-67g). A certificate of approval of the
location of the yard must be issued by the selectmen in towns
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without a zoning commission before a state license may be obtained (Sections 14-67i; 14-671).
Q. Motor Vehicle Dealers and Repairers. To obtain a state license
for dealing in and repairing motor vehicles, a person must first
obtain and present to the commissioner of motor vehicles a
certificate of approval of the location of the place of business.
This certificate is issued by the selectmen in towns in which
there is no zoning commission and board of appeals (Section
14-54).
R. Revolvers and Pistols. The first selectman may issue permits
in a form prescribed by the Commissioner of Emergency Services and Public Protection for the retail sale of pistols and revolvers or a temporary state permit for carrying a pistol or revolver (Section 29-28, as amended by Public Act 11-51, Section 134). Applications must be submitted on forms prescribed
by the commissioner [Section 29-28a(a)]. Information about
the applicant’s criminal record must be filed [Section 2929(a)].
§ 6-17. Municipal Property.
Sale, Lease or Transfer. In municipalities where the legislative
body is a town meeting or representative town meeting, the board
of selectmen shall conduct a public hearing on the sale, lease or
transfer of real property owned by the municipality prior to final
approval of such sale, lease or transfer (Section 7-163e).
§ 6-18. Officers and Employees.
A. Appointments of Officers. If no provision is made by law for
appointment of any town officers, they are appointed by the
selectmen (Section 9-185). When not otherwise prescribed by
law, the term of town officers appointed by the selectmen expires on the termination date of the board [Section 9-187(a)].
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Specific provision is made for the selectmen or first selectman
to appoint the following officers:
•
•
•
•
•
•
•
•
•
•
•
Acting tax collector (Section 12-137).
Acting town clerk (Section 7-20).
Animal Control Officer [Section 22-33l(b)].
Director of health (Section 19a-200).
Examiner of land records (Section 7-14).
Fire marshal [Section 29-297(a)].
Measurer of wood [Section 43-27(b)].
Special constables (Sections 7-92; 15-154a; 26-6a).
Superintendent of highways and bridges (Section 13a-8).
Town manager (Section 7-98).
Tree warden (Section 23-58).
B. Appointments of members of boards, commissions and agencies. Specific provision is made for the selectmen or first selectman to appoint members to the following boards, commissions and agencies:
•
•
•
•
•
•
•
•
•
•
•
•
Aviation Commission (Section 15-80).
Board of assessment appeals, alternates (Section 9-199).
Board of finance, initial term (Section 7-340).
Cemetery committee (Section 19a-302).
Civil service commission (Section 7-408).
Economic development commission [Section 7-136(a)].
Gas or electric commission (Section 7-216).
Health, board of district department [Section 19a-241(b)].
Housing authority commissioners (Section 8-41).
Parking authority (Section 7-203).
Redevelopment agency [Section 8-126(a)].
Urban homesteading agency (Section 8-169q).
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C. Approval of appointments. The Registrar of Vital Statistics
must obtain the approval of the selectmen to appoint Subregistrars of Vital Statistics (Section 7-65).
D. Removals. Specific provision is made for the selectmen to remove the following officials:
•
•
•
•
Animal Control Officer (Section 22-335).
Civil service commission (Section 7-408).
Fire marshal (Section 29-297).
Superintendent of highways and bridges (Section 13a-8).
E. Resignations. A town clerk desiring to resign from office presents his/her resignation in writing to the selectmen. The resignation becomes effective on the date specified by the resigning officer or, if no date is specified, upon the date of its submission. All other officers wishing to resign submit their resignations to the town clerk (Section 7-103).
F. Compensation Fixed by Selectmen. The selectmen are required
to fix the compensation of the following officers:
•
•
•
•
•
•
Assessors, if not set by the town meeting (Section 12-121).
Board of tax review, if not set by the town meeting (Section 12-121).
Registrars of voters, deputy registrars, and assistants (Section 9-194).
Tree warden and deputies, if not set by the town meeting
(Section 23-58).
Town clerk, registrar of voters and deputy registrar for certain duties in connection with elections (Sections 9-195; 955a).
Town clerk, compensation for all required service not
fixed by statute [Section 7-34a(c)].
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G. Official Bonds. The selectmen must fix the amount of the bond
of the following officers:
•
•
•
•
•
Acting tax collector (Section 12-137).
Gas or electrical commissioners (Section 7-216).
Superintendent of highways and bridges, if town does not
have a board of finance (Section 13a-9).
Tax collector (Section 12-136).
Town treasurer, as trustee (Section 45a-475).
H. Vacancies in the office of first selectman or selectman. When a
vacancy occurs in the office of first selectman or in the office
of selectman it shall be filled within thirty (30) days after the
day of its occurrence by the remaining members of the board
of selectmen. Said remaining members may appoint one (1) of
themselves to fill a vacancy in the office of first selectman, if
they so desire, and shall then fill the ensuing vacancy in the office of selectman as herein provided. If such a vacancy in the
office of first selectman or of selectman is not so filled within
thirty (30) days after the day of its occurrence, the town clerk
shall, within ten (10) days thereafter, notify the elective town
officers enrolled in the same political party as the vacating first
selectman or selectman, as the case may be, or all elective
town officers, if the vacating first selectman or selectman was
not enrolled with a political party. The office shall then be
filled by such elective town officers within sixty (60) days after its occurrence. Any person so appointed shall serve for the
portion of the term remaining unexpired or until a special election is called (Section 9-222).
I.
Vacancies. Except as otherwise provided by law, the selectmen
may fill vacancies on town boards and commissions if the
board or commission fails to do so within thirty (30) days of
the vacancy (Section 7-107). Vacancies in elective town offices must be filled at the next town election or at a special
election; but until the vacancy is so filled, it must be filled by
appointment of the selectmen. The selectmen fill all vacancies
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in offices over which they have the power of appointment
(Section 9-220). The statutes make specific provision for the
selectmen, or first selectman, to fill vacancies in the following
offices:
•
•
•
•
Board of gas and electrical commissioners (Section 7216).
Board of police commissioners (Section 7-275).
Civil service commissioners (Section 7-408).
Economic development commission [Section 7-136(a)].
J. Town Clerk Vacancy. The first selectman must notify the secretary of a vacancy in the office of town clerk within five (5)
days (Section 9-223) (see also Section 7-16a for appointed
town clerks).
K. Oaths. After the election or appointment of any town officers
of whom an oath is required by law, the selectmen must immediately cause them to be sworn to faithful discharge of their
respective duties (Section 7-12).
L. Conflicts of Interest. Any municipality may, by ordinance or
regulation, prohibit any member or employee of any municipal
board or agency or any municipal official, officer or employee
from (1) being financially interested or having a beneficial interest, either directly or indirectly, in any contract or purchase
order for supplies, materials, equipment or contractual services
furnished to or used by the municipality, board, or agency and
(2) accepting or receiving, directly or indirectly, from any person, firm or corporation to which a contract or purchase order
may be awarded by the municipality, money or anything of
value or any promise, obligation or contract for future reward
or compensation. Penalties for violation of this ordinance or
regulation may be assessed (Section 7-479).
M. Merit System for Town Employees. Sections 7-407 through 7424 of the General Statutes provide for the adoption of a merit
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system for town employees. The town meeting may submit the
adoption of a merit system to a referendum vote at a special or
regular election (Section 7-407). Within thirty (30) days of the
approval of the merit system, the chief executive officer of the
town must appoint a civil service commission of three (3)
members for six-year overlapping terms. No more than two (2)
commissioners may be of the same political party and none
may hold a position with the federal, state or town government. The chief executive officer may remove any commissioner for specified causes and may fill vacancies on the commission (Section 7-408).
N. Retirement System for Town Employees. Any town may by a
resolution passed by the selectmen and subject to referendum,
accept Sections 7-425 through 7-459 which provide for the
town’s participation in the Connecticut municipal employees
retirement system [Section 7-427(a)].
O. Minority Representation. The maximum number of members
of any elected or appointed town board, commission or committee who may be members of the same political party is: two
(2) if total membership is three (3); three (3) if total membership is four (4); four (4) if total membership is five (5) or six
(6); five (5) if total membership is seven (7) or eight (8); six
(6) if total membership is nine (9); two-thirds (2/3) if total
membership is over nine (9) [Section 9-167a(a)]. A special
procedure is to be followed in determining the majority and
minority party [Section 9-167a(g)]. These provisions do not
change the membership of any board or commission which has
a greater degree of minority representation [Section 9-167a(f)].
P. Liability for Employee’s Damages. Any town must pay all
sums which a town employee, except firemen covered under
Section 7-308, becomes obligated to pay by reason of liability
imposed by law for infringement of any person’s civil rights or
for physical damages to person or property if, at the time, the
employee was performing his/her duties, acting within the
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scope of his/her employment, and if the damage did not result
from a willful or wanton act of the employee [Section 7465(a)].
Q. Appointing Officers of Board of Finance. If the board of finance fails to choose officers within one (1) month after the
appointment or election of the board because of a tie vote of
the members, the board of selectmen or chief executive authority of such town shall choose such officers from the membership of the board (Section 7-342).
R. Tax collectors. A municipality may, by ordinance adopted by
the board of selectmen, authorize appointment of a tax collector. Such ordinance shall include provisions for the appointment procedure and shall specify the term of appointment
(Section 9-189).
§ 6-19. Penalties.
Throughout the General Statutes there are various provisions penalizing the selectmen for neglect or wrongful performance of duty
or violation of law. The penalties are usually fines, imprisonment,
or both. Selectmen may be penalized for the following violations:
A. Willfully authorizing or contracting for expenditures or debts
in excess of appropriations, except for the necessary repair of
roads or bridges, or support of schools or paupers (Section 4100).
B. Failure to use proper form of selectmen’s orders (Section 713).
C. Failure to require of the town treasurer a sufficient bond (Section 7-12).
D. Failure to carry out duties in connection with indexing and
preservation of land records (Section 7-14).
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E. Employment of private detectives, not in accordance with the
statutes (Section 7-283).
F. Expending, in a town with a board of finance, money not appropriated in accordance with the statutes (Section 7-349).
G. False reporting on finances of the town (Section 7-398).
H. Failure to warn an election (Section 9-350).
I.
Neglect of duty or fraud in connection with elections or admission of electors (Section 9-355).
J. Violating specified provisions of the statutes on the levy, assessment, or collection of taxes (Sections 12-150; 12-170).
K. Failure to open a highway blocked with snow (Section 13a107).
L. Delivering a corpse for medical study in violation of law (Section 19a-287).
M. Taking a bribe, fraud, and embezzlement (Sections 53a-119;
53a-146; 53a-147; 53a-161a; 53a-161b).
N. Violating “freedom of information” statutes (Section 1-240).
§ 6-20. Planning, Zoning, Redevelopment and Conservation.
A. Planning Commission. The ordinance creating a planning
commission must provide for its election or appointment, and
fix its members’ terms of office (Section 8-19).
B. Municipal Improvements. A town agency or town meeting
may not act on any proposal involving locating, accepting,
abandoning, widening, narrowing or extending streets, bridges,
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parkways or other public ways; locating, relocating, acquiring
land for, abandoning, selling, or leasing airports, parks, playgrounds and other town-owned properties and public buildings; extending and locating public utilities and terminals; extending and locating public housing; and redeveloping specific
areas, until such proposal has been referred to the planning
commission for a report (Section 8-24).
C. Zoning Commission. A town meeting may vote to create a
zoning commission. In towns with populations under five
thousand (5,000), the selectmen may be empowered to act as
the zoning commission [Section 8-1(a)].
D. Alternate Members of Planning and Zoning Commissions.
Any town may provide by ordinance for appointment or election of three (3) alternate members to its zoning commission or
combined planning and zoning commission. Alternate members must be electors of the town and may not be members of
the zoning board of appeals or planning commission [Section
8-1(b)].
E. Zoning Board of Appeals. Every municipality which has a
zoning commission must have a zoning board of appeals consisting of five (5) regular members and three (3) alternates.
The town’s members and alternates are elected or appointed as
prescribed by ordinance. Vacancies among the members or alternates are filled by the board of selectmen [Section 8-5(a)].
F. Redevelopment Agency. The town may create a new redevelopment agency to consist of electors of the town or may designate the town housing authority, the state commissioner of
housing, or other appropriate agency as the redevelopment
agency of the town. The members of a new agency are appointed by the selectmen with approval of the town meeting.
The agency has five (5) members appointed for five-year overlapping terms [Section 8-126(a)].
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G. Obstructions on Lands Bordering Navigable Waters. The selectmen of any town bordering navigable waters must remove
all obstructions and structures from public shores, beaches or
other land (Section 15-12).
H. Flood and Erosion Control. In towns with populations under
fifty thousand (50,000), the selectmen may be empowered by
ordinance to act as the flood and erosion control board [Section 25-84(a)].
I.
Conservation Commission. When the town establishes a conservation commission, the members and alternate members are
appointed by the chief executive officer [Section 7-131a(a)].
J. Harbor Improvement Agency. The chief executive officer of
the town and the legislative body designate a harbor improvement agency (Section 13b-56).
K. Transfer of Open Spaces. Any town and the Commissioner of
Energy and Environmental Protection may agree to transfer
control of open spaces from one to the other (Section 23-12, as
amended by Public Act 11-80, Section 1).
L. Plan of Conservation and Development. At least sixty-five
(65) days prior to the public hearing on the adoption of a plan
of conservation and development, the planning commission
shall submit a copy of the plan, part thereof or amendment to
the selectmen. The selectmen may hold public hearings on the
plan, reject or endorse it, and submit comments or recommended changes to the commission. Nevertheless, the commission may render a decision on the plan without the report
of the selectmen [Section 8-23(f)(2) and (g)(2)].
M. Regional Planning. The Secretary of the Office of Policy
Management shall notify the first selectman if there is a proposed redesignation of logical planning region boundaries. If
the board of selectmen objects to a proposed redesignation, the
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§ 6-21
first selectman may petition the secretary to attend a meeting
with the board. At the meeting, the board shall inform the secretary of the objections to the proposed redesignation. The
secretary must issue a determination on the proposed redesignation. (Section 16a-4c).
N. Regional Planning Agencies. The chief elected official of each
town, city or borough within any planning region of the state,
or the designee of such official, shall be a representative on a
regional planning agency, in addition to other representatives
selected pursuant to the provisions in Section 8-31a (Section 831a).
§ 6-21. Public Utilities.
A. Gas and Electric Companies. When the town operates a gas or
electric plant, the selectmen may direct that additional financial information be furnished by the board of commissioners,
or the superintendent and clerk of the plant (Section 7-221).
B. Complaint of Dangerous Conditions. The town may make a
written complaint to the Public Utilities Regulatory Authority
regarding defects in the plant or equipment of a public service
corporation or electric supplier which endanger public health
and safety (Section 16-12, as amended by Public Act 11-80,
Section 1). The town may also complain of injury to pipes,
conductors, or other structures from escaping electricity (Section 16-14).
C. Telegraph, Telephone, Power and Water Companies. The selectmen have full direction and control of placement, erection
and maintenance of wires, conductors, fixtures, structures and
apparatus of telegraph, telephone, power, and water companies
and may designate the kind, quality and finish of installations.
The selectmen may make regulations to carry out this power
(Section 16-235). The selectmen may regulate, subject to public service companies’ right of appeal to the Superior Court,
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street openings and excavations (Sections 16-229; 16-231).
The town may use certain telephone and telegraph lines for
municipal signal wires (Section 16-233).
D. Corporation to Serve as Electric or Gas Utility. Upon the approval of the first selectman and two-thirds (2/3) vote of the
selectman, a town that maintains an electric or gas utility may
establish a corporation under Chapter 601 for the purpose of
manufacturing, distributing, purchasing, selling, or any combination thereof, of electricity, gas, or water for the sole purpose
of providing electricity, gas, or water within its franchise area
(Section 7-148ee).
E. Telecommunication Services. Upon the approval of the first
selectman and two-thirds (2/3) vote of the selectmen, any town
that owns or operates one or more plants for the manufacture
or distribution of electricity pursuant to Section 7-213, may
provide telecommunications service, as defined in Section 16247a to inhabitants within the territorial limits of the area in
which the municipality is authorized to provide electric service
(Section 7-233ii).
F. Motor Buses and Taxicabs. The town may petition the Department of Transportation concerning routes, fares, schedules,
continuity of service and convenience and safety of passengers
of motor bus companies and taxicabs. The department must
notify the first selectman of a hearing on an application for operation of motor buses and taxicabs in the town (Sections 16309; 16-320).
G. Livery Service. The Department of Transportation must notify
the first selectman of a hearing on an application for operation
of a motor vehicle in livery service (Section 16-326).
H. Rates. The town may complain to the Public Utilities Regulatory Authority regarding discriminatory or unreasonable rates
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of public service corporations (Section 16-21, as amended by
Public Act 11-80, Section 1).
I.
Railroads. The Department of Transportation must notify the
selectmen of an order permitting construction of a railroad at a
highway grade crossing and of hearings to determine whether
a grade crossing should be eliminated or whether obstructions
to a clear view at a crossing should be removed (Sections 13b267; 13b-274; 13b-281). The Department of Transportation
must also notify municipal elected officials of any plan to reactivate a railroad line in their town and the officials may request
a public hearing on the plan (Section 13b-343).
J. The selectmen may request the Commissioner of Transportation to:
(1) Order a railroad company to relocate a highway near a
railroad, a portion of the cost of which may be payable by
the town (Sections 13b-285; 13b-287).
(2) Order elimination or relocation of a grade crossing (Sections 13b-270; 13b-271; 13b-272).
(3) Order a railroad to comply with the law requiring guard
rails (Section 13b-294).
(4) Make orders concerning commercial or industrial sidetracks at grade (Section 13b-308).
(5) Order non-use or regulate use of tracks for switching purposes (Section 13b-341).
(6) Regulate blowing of engine whistles (Section 13b-334).
(7) Order installation of gates, flagmen or signal devices (Section 13b-343).
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(8) Order a railroad to bulletin late arrival and departure of
trains (Section 13b-355).
(9) Examine any railway or street railway in the town (Section
13b-200).
K. The town must place, inspect, and maintain signs furnished by
railroad companies at grade crossings (Section 13b-344). The
towns may construct, with permission of the Commissioner of
Transportation, footways on the line of any railroad bridge or
causeway (Section 13b-297). The state must reimburse the
town for the removal of certain grade crossings (Section 13b284).
§ 6-22. Records and Documents.
A. Books and Files for Records. The town clerk must provide
suitable books, files or systems approved by the public records
administrator, for keeping records in his/her custody, and may
purchase stationery and other office supplies necessary to
properly maintain his/her office. These books, files, systems,
stationery and office supplies are paid for by the town. The selectmen, on presentation of a bill for such expenses that is
properly certified by the town clerk, must draw their order on
the treasurer in payment for them [Section 7-24(a)].
B. Fireproof Vaults. Except when in actual use, all public records
of the town must be kept in fire-resistive vaults or safes (Section 7-27).
C. General Index of Land Records. In all towns in which there is
no general index of the land records, the selectmen must have
one (1) prepared at town expense by some competent person
under the supervision of the Public Records Administrator
(Section 7-14).
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D. Examination of Land Records. The selectmen shall annually
appoint some suitable person to examine the indexes of the
land records of their town for the preceding year and to note
and report in writing to the town clerk all errors and omissions
in the same. This person shall examine the land records and
note all omissions by the town clerk or assistant town clerk to
attest the records of conveyances as provided in Section 7-14.
The selectmen must send to the public records administrator,
on or before December 30 of each year, a certificate that the
examination of indexes and inspection of records required by
Section 7-14 has been completed, along with a summary
statement of the results of the examination and inspection. Selectmen who fail to comply with the provisions of this section
may be fined no less than five dollars ($5) nor more than
twenty-five dollars ($25) (Section 7-14).
E. Repair of Records. The selectmen must annually ascertain the
condition of all town records and have any volume repaired or
rebound where necessary for its preservation (Section 7-14).
F. Probate Records. The town must provide fire-resistive vaults
or safes and office space for the probate court (Section 45a10).
G. Destruction of Records. Approval of the administrative head of
the municipality and of the Public Records Administrator is
necessary before any document may be destroyed. Documents
that relate to matters that have been disposed of and that are
not required to be kept by law may be destroyed after the
document has been held for the period of time specified in a
retention schedule published by the public records administrator (Section 7-109). Original land records which have been
photographed, microphotographed, or reproduced on film according to the requirements of Sections 1-16 and 7-27a may be
destroyed with the permission of the administrative head of the
municipality and the Public Records Administrator (Section 727a).
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H. Photographic Reproduction. Any officer of the town may have
records, papers or documents photographed, microphotographed or reproduced on film (Section 1-16). These reproductions are considered for all purposes the same as originals
(Section 1-17). The originals of records so reproduced may be
disposed of in any manner approved by the selectmen and the
state Public Records Administrator (Section 1-18).
I.
Freedom of Information Act; Access to Public Records. As
custodian of many of the administrative records of the town,
the selectmen have a significant responsibility regarding public
access to these records. Section 1-210 of the General Statutes
requires that, except as otherwise provided by any federal or
state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any
law or by any rule or regulation, shall be public records and
every person has the right to inspect such records promptly
during regular office or business hours or to receive a copy of
such records in accordance with Section 1-212. Subsection (b)
of Section 1-210 lists many of the records exempted from this
requirement [See also Sections 1-213(b) and 1-214(b)]. Records must be kept by public agencies at their regular office or
place of business in an accessible place (Section 1-210).
J. Freedom of Information Act; Denial of Access to Public Records. Any denial of the right provided by Section 1-210 to inspect or copy records must be made, in writing, to the persons
requesting the right. The written denial must be issued by the
public agency official who has custody or control of the public
record within four (4) business days of the request. Failure to
comply with a request to inspect or copy within four (4) business days is deemed a denial [Section 1-206(a)]. Appeal from
a denial to the freedom of information commission is provided
[Section 1-206(b)].
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§ 6-23. Town Meetings.
A. Warning and Notice. The warning of each town meeting must
specify the objects for which the meeting is to be held. It must
be signed by at least a majority of the selectmen. Notice of a
town meeting is given by (1) publishing a written warning
signed by the selectmen in a newspaper published in the town
or having general circulation in the town and (2) by posting the
warning on a signpost or other exterior place nearest to the office of the town clerk and in other places designated by the annual town meeting. The warning must be published and posted
at least five (5) days before the meeting, including the day that
notice is given and any intervening Sunday or legal holiday,
but excluding the day of the meeting. The selectmen must file
a copy of the warning, on or before the day of the meeting,
with the town clerk who records it (Section 7-3). The person
who publishes and posts the warning must make a written
statement that proper notice was given to the town clerk who
records it with the records of the meeting (Section 7-4). When
any town’s public buildings do not have adequate space, town
meetings may be held outside the town at the nearest practical
location [Section 7-1(b)].
B. Annual Town Meeting. Except as otherwise provided by law,
an annual town meeting must be held in each town [Section 71(a)].
C. Special Town Meetings. The selectmen may convene special
town meetings when they deem it necessary. They must warn a
special town meeting when twenty (20) persons qualified to
vote in town meetings petition for it. The meeting must be held
within twenty-one (21) days after the petition is filed [Section
7-1(a)]. An ordinance may be adopted providing that the selectmen warn a special town meeting on application of fifty
(50) persons qualified to vote in town meeting (Section 7-2).
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D. Eligibility to Vote. At any town meeting, any person who is an
elector of the town and any citizen at least eighteen (18) years
of age who, jointly or severally, is liable to the town for taxes
assessed against him/her on an assessment of not less than one
thousand dollars ($1,000) on the last completed grand list or
who would be so liable if not entitled to an exemption under
subdivision (17), (19), (22), (23), (25) or (26) of Section 12-81
of the General Statutes may vote unless restricted by the provisions of any special act relating to the town (Section 7-6).
E. Referendum on Town Meeting Item.
(1) Not less than five (5) days before a town meeting, the selectmen may, on their own initiative, remove any item on
the call of the meeting for submission to the voters at a
referendum as provided in Section 7-7. The selectmen may
also submit any item which, in the absence of such a vote,
could properly come before the meeting to the voters at a
date set for the vote or along with any other vote the date
of which has been previously set (Section 7-7).
(2) Two hundred (200) or more persons qualified to vote in
town meeting may petition the town clerk, in writing at
least twenty-four (24) hours prior to the meeting, requesting that any item or items on the call of the meeting be
submitted to the persons qualified to vote in the meeting
for a vote by paper ballot or by a “yes” or “no” vote on the
voting machines. The referendum must be held no less
than seven (7) nor more than fourteen (14) days thereafter,
on a day to be set by the town meeting or, if the meeting
does not set a date, by the selectmen, during the hours between 12:00 noon and 8:00 p.m. Any town may, by vote of
its legislative body, provide for opening the polls as early
as 6:00 a.m. When such a petition has been filed, the moderator of the meeting, after completion of other business
and after reasonable discussion, shall adjourn the meeting
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and order the vote on such item or items in accordance
with the petition (Section 7-7).
(3) Section 7-9 of the General Statutes provides the form of
petitions for a vote of the electors or voters. No petition for
any action for a vote by electors or voters at any regular or
special town meeting shall be valid unless the petition has
been circulated by a person who is a resident or is otherwise eligible to vote in such town (Section 7-9a).
F. Time of Voting at Referenda. When a town conducts a referendum on a day other than a state or local election, the polls
must be open between 12:00 noon and 8:00 p.m. The town
may, by vote of its legislative body, provide for an opening as
early as 6:00 a.m. (Section 7-9b). Although referendum may
generally be held on any date set by the legislative body, it
may not be held earlier than the thirtieth day following the day
when the town clerk issues a warning for it as instructed by the
legislative body and, if a question is to be submitted at an election as defined in Section 9-1, the referendum may not be
scheduled in violation of Sections 9-369, 9-369a, and 9-370
(Section 7-9c). This section does not apply to votes scheduled
pursuant to Section 7-7.
§ 6-24. Town Report.
A. Annual Town Report. In towns without a board of finance, the
selectmen must prepare and publish an annual report. The report, which must be available for distribution, contains reports
of town officers and boards which are required by law to be
included, a statement of the amount received by the town under part IIa of Chapter 240, an itemized statement of the disposition of these funds, and any other matter which the selectmen
deem advisable to include. Towns with a population of five
thousand (5,000) or less, as computed by the Secretary of the
Office of Policy and Management, must publish their receipts
and expenditures and the names of all persons, firms, or corpo6:51
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rations, other than recipients excluded by Section 7-406, receiving money from the town, together with the total amount
of payments in excess of fifty dollars ($50) to each, unless the
town has a bookkeeping system approved by the secretary setting forth all the receipts and expenditures in detail (Section 7406).
B. Required Statements. The following statements must be included in the annual report. Statements marked with an asterisk may be filed with the town clerk in lieu of their inclusion in
the town report.
(1) An itemized estimate of the current expenses of the departments of the town for the coming year (Section 12122).
(2) The amount of each uncollectible property tax transferred
to the suspense tax book during the last fiscal year and the
name of the person against whom the tax was levied (Section 12-165).
(3) A list of taxes refunded (Section 12-129).
(4) The certified statement of the tax collector required to be
filed under Section 12-167.
(5) The report of the disbursements of the superintendent of
highways and bridges (Section 13a-10).
(6) The report of the secretary of the board of education and
the superintendent of schools or supervising agent (Section
10-224).
C. The report of the town treasurer on any municipal reserve fund
may be included in the annual report (Section 7-363).
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§ 6-25. Traffic Regulation and Parking.
A. Traffic Authority. The board of selectmen serves as the town
traffic authority when there is no police force in the town or in
a city or borough within the town (Section 14-297). The traffic
authority may designate throughways, one-way streets, safety
zones, bus stops and public service motor vehicle stands, taxi
stands, loading and unloading zones and pedestrian cross
walks, and may make parking restrictions (Sections 14-300
through 14-308).
B. Traffic Control Signals. Installation of all traffic control signal
lights in the town must be approved by the State Traffic Commission [Section 14-299(a)].
C. Regulations on State Highways. No traffic control devices may
be installed or maintained on a state highway, a bridge on a
state highway, or within the right-of-way of any such highway
or bridge without consent and written approval of the State
Traffic Commission (Section 14-309).
D. Decorations near Traffic Control Signals. No decorations may
be installed within the limits of any street or highway without
a permit issued by the traffic authority. A clear view of all traffic control signals must be maintained (Section 13a-122).
E. Parking Authority. The first selectman appoints members of a
parking authority (Section 7-203).
F. Parking Violation Hearing Officers. The first selectman must
appoint one (1) or more parking violation hearing officers to
conduct the hearings authorized by Section 7-152b(b). The
first selectman must appoint a person to conduct hearings involving removal of abandoned vehicles [Section 14-150(f)(1)].
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§ 6-26. Trees and Forests.
A. Tree Warden. The selectmen of each town must appoint a tree
warden within thirty (30) days after their election. The tree
warden is appointed for a term of one (1) year and until his/her
successor is appointed and qualified (Section 23-58).
B. Compensation of Tree Warden. The tree warden and his/her
deputies receive reasonable compensation as determined by
the town or the selectmen (Section 23-58).
C. Regulations of the Warden. Regulations of the tree warden,
when approved by the selectmen, have the force of town ordinances (Section 23-59).
D. Removal of Trees. When public safety demands, the tree warden may order removal or pruning of any tree or shrub under
his/her control. The selectmen must pay any reasonable charge
for this work. With approval of the selectmen, the tree warden
may remove any trees or plants under his/her jurisdiction
which are hosts of insects or fungous pests (Section 23-59).
E. Gypsy Moth Infestation. The first selectman may ask the state
entomologist to survey the magnitude and location of a gypsy
moth epidemic in the town (Section 22-91b).
§ 6-27. Welfare.
A. Support by Relatives. The spouse or parent of a poor person
must provide for his/her support. The town may apply to the
Superior Court for enforcement of this requirement (Sections
46b-215 – 46b-217).
B. Commitment of Children. Any selectman having information
that a child is neglected, uncared for or abused may file with
the Superior Court in the district where the child is a resident,
a verified petition stating the facts that bring the child within
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SPECIFIC DUTIES OF THE SELECTMEN
§ 6-27
the jurisdiction of the court (Section 46b-129(a), as amended
by Public Act 11-240, Section 8).
C. Handicapped Children. The selectman may apply to the Newington Children’s Hospital or The Children’s Center of
Hamden for admission of certain handicapped children (Sections 17b-233; 17b-236).
D. Family with Service Needs. Any selectman who believes that
the acts or omissions of a child show his/her family to be in
need of service may file a written complaint setting forth those
facts with the Superior Court [Section 46b-149(a)].
E
Termination of Parental Rights. The selectmen having charge
of any foundling minor child may petition the probate court for
termination of parental rights [Section 45a-715(a)].
F. Commitment of Mentally Ill Persons. If any person with psychiatric disabilities is at large and dangerous to the community,
the first selectman may make a written complaint to the probate court (Section 17a-497). A penalty is provided for persons
who willfully and maliciously cause or attempt to cause another’s false commitment (Section 17a-504).
G. Conservator. On the first selectman’s application, the probate
court may appoint a temporary conservator for an individual
found to be in need of such assistance. A court will find an individual so in need if clear and convincing evidence shows that
a temporary conservator is the least restrictive means of aiding
an individual who is incapable of managing his/her affairs and
who would suffer immediate and irreparable physical, financial, or legal harm without a temporary conservator (Section
45a-654). The first selectman may apply for transfer of a conservatorship when a person moves to another town (Section
45a-661).
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§ 6-28. Miscellaneous.
A. Airports. When the town votes to establish an aviation commission to administer ordinances concerning airports, landing
fields and aeronautics, the selectmen appoint the members of
the commission [Section 15-80(a)].
B. Agricultural Council. The selectmen may vote to establish a
local agricultural council. Any two or more municipalities may
also form a regional agricultural council by vote of the
selectmen (Public Act 11-188, Section 1).
C. Cemeteries. The selectmen may enact laws for the care and
management of burial lots (Section 19a-297). The selectmen
may appoint a cemetery committee to take charge of a cemetery association’s funds if such association fails to comply
with Section 19a-301 (Section 19a-302). The selectmen may
care for neglected cemeteries (Section 19a-308).
D. Elderly Persons. The first selectman must appoint a municipal
agent for elderly persons [Section 7-127b(a)].
E. Eminent Domain. The town may take property by eminent
domain for a town hall and other necessary buildings; for
schoolhouses and other school purposes; for a public square,
commons, or parks; for a building for protection of records
against fire (Sections 48-3; 48-5; 48-7; 48-8).
F. Evicted Tenant. The chief executive officer of a municipality
shall designate a place of storage for the possessions and personal effects of an evicted tenant. Any such possessions and
effects shall be delivered by the state marshal to such designated place of storage. If the tenant does not claim them
within fifteen (15) days, they may be sold at auction (Section
47a-42).
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§ 6-28
G. Explanatory Texts. The board of selectmen shall, by majority
vote, determine whether to authorize an explanatory text or the
dissemination of other neutral printed material of local proposals or questions approved for submission to the electors of a
municipality at a referendum (Section 9-369b).
H. Fences. The selectmen may be called upon to settle disputes
over division fences (Sections 47-49 through 47-54; and 4756).
I.
Hearings Before the Board of Selectmen. The first selectman
may administer oaths in any matter before the board of selectmen (Section 1-24). The oath should be administered as set
forth in Sections 1-22; 1-23; and 1-25.
J. Interlocal Agreements. Any public agency of the state may
enter into an interlocal agreement with any public agency or
agencies of this state or any other state [Section 7-339b(a)]. A
public agency is defined as any municipality, as defined in
Section 7-148cc, of the State; local governmental unit, subdivision, or special district; or state (Section 7-339a, as amended
by Public Act 11-99, Section 2). The purposes for which an interlocal agreement may be made are defined in Section 7-339b.
K. Interlocal Risk Management Agency. The board of selectmen,
in towns where the town meeting or representative town meeting is the legislative body, may vote to form, and become a
member of, an interlocal risk management agency [Section 7479b(a)].
L. Liquor Control. The selectmen must warn of a referendum on
the sale of alcoholic beverages or beer when such vote has
been petitioned for (Section 30-10).
M. Receivers for Associations. Under certain conditions, the selectmen may apply in the name of the town to the Superior
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Court for the appointment of a receiver of the property of an
association, community or corporation [Section 52-505(a)].
N. Shellfish Grounds. The selectmen may appoint a shellfish
committee to designate suitable places for planting or cultivating oysters, clams or mussels (Sections 26-257a; 26-251). The
selectmen or committee assigns grounds for individuals to cultivate (Sections 26-240; 26-242; 26-243). The selectmen approve construction of dams on saltwater creeks and inlets (Section 26-248). The selectmen may determine the quantity of
clams which may be taken in one (1) day and prohibit taking
clams to protect natural beds [Section 26-235(b)].
O. Signposts. One (1) or more town signposts for posting legal
notices may be erected and maintained in every town at locations designated by the selectmen (Section 7-102).
P. Suits Against the Town. In suits against the town, process is
served on the town clerk, assistant town clerk, town manager,
or one of the selectmen (Section 52-57).
Q. Trustee. The selectmen may apply to the probate court for appointment of a trustee for the estate of a person who has disappeared [Section 45a-478(a)].
R. Veterans. The selectmen may apply to the Veterans’ Home and
Hospital Commission for headstones or a memorial stone for
veterans who died overseas and whose bodies were not returned for interment (Sections 27-120; 27-121). The selectmen
annually appoint a three-member committee composed of veterans to see that veterans’ graves are cared for (Section 27123).
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