ASSISTANT TOWN lIT1oRNampY QImALD 11 ARRnL SR

CO~ORAT10N COUNSEL ADAM IIIAInARIS

OEIRTMENT OF LAW

WALLINfiFORc iOWN HAIL

48 SOUTH MAIN TItEIT

Pursuant to your request the JoJlowing is an outline for the establishment of a Charter Revision Commission

1 The creation of a Charter Revision Commission and the procedures for consideration of revising the Town Charter are governed by Connecticut General Statutes sect7-187 et seq

2 The initiation of Charter Revision requires a two-thirds vote of the entire Town Council [sect7-188(b)]

13 (a) Within thirty days ofthe vote to initiate Charter Revision the Town CUneil shall appoint a commission of no fewer than five (5) nor more than fifteen (15) electors

(b) Not more than one-third (YJ) of the commission members may hold any other pUblic office in the Town

(c) Not more than a bare majority can be from one political party [sect7-190(a)

(d) For your information in the past each Town Council member has selected one member and the Mayor chose two members

4 The Town Council directs the Commission to consider any recommendations it has [sect7-190(b)]

5 The Commission in addition to considering any issues raised by the Town Council may consider any other issues it deems desirable or necessary [sect7-190(braquo)

6 The Town Council is required to specify the deadline for the Commi$SlQQtQ-$ijJ~Itjt~~ draft report The deadline shall not be later than 16 months from the date of t the Commission [sect7 -190b )J

TO

FROM

RE

DATE

MEMORANDUM

Michael Brodinsky Chairman Wallingford Town Council Members of the Wallingford Town Council William W Dickinson Jr Mayor

Janis M Small Town Attorney

Charter Review Commission

January 18 2008

WALLINGfORb CT 084512

TELIiPHONE (203) 25142lAO

AX (203) 294- 2112

wHdIDW~sbcjlobaln8t

Michael Brodinsky Chairman - Memorandum January 18 2008 Page Two

7 The Commission must hold at least two public hearings

(a) One prior to the beginning of any substantive work

(b) One after draft report is completed but not submitted to the Town Council w~lich allows the Commission the opportunity to change the report after the final public hearing but before submission to the Town Council and

(c) The Commission may hold additional public hearings as it deems necessary [sect7 -191 (a)]

8 The CommissIon submits its draft report to the Town CierIlt who then forwards it to the Town Council [sect7-191(b)J

9 The Town Council shall hold at least one public hearing on the draft report The last public hearing on the draft report must be held within 45 days of the date of submission to the Town Clerk [sect7-191 (b)]

10 Within 15 days after the last public hearing the Town Council shall make recommendations if any to the Commission for changes in the draft report [sect7-191 (b)]

11 If the Town Council does not make any recommendations for changes within the 15 days the report shall become final and the Town Council will act on the report [sect7-191 (c)l

12 If the Town Council makes recommendations for changes the Commission shall

confer with the Town Council and the Commission may amend the report or reject the Town Councils recommendations [sect7-191 (c)]

13 middotIn either case the Commission shall make its final report within 30 days after receiving the Town Councils recommendations [sect7-191(c)J

14 Within 15 days after receipt of the final report bya majority of the entire membership the Town Council may

(a) approve the proposed changes

(b) reject all the proposed changes or

(c) reject separate provisions and accept others [sect7-191(d)]

15 Within 30 days after approval the proposed amendments shall be published in full at least once in the newspaper [sect7-191 (d)J

Michael Brodinsky Chairman - Memorandum January 18 2008 Page Three

16 By a majority vote of its entire membership the Town Council shall determine whether the proposed amendments shall bemiddot submitted to the electors at a regular or special election (no later than 15 months after approval)[sect7 middot191 (e)J

17 The Town Council shall prepare the proposed amendments for the ballot and may submit them in the form of one or several qlJestions [sect7-191(f)]

18 Approval by the electors is as follows

(a) At regular election by a majority of electors voting thereon or

(b) at a special election by a majority which equals at least 15 of the electors as determined by the last-completed active registry list of the town at a special election [sect7 -191 (f)]

19 If approved by the electors the amendments are effective 30 days after the election unless the proposed changes included a different effective date [sect7-191 (f)]

ADDITIONAL COMMENTS

1 The Commission will need a secretary to handle minutes agendas etc and provide the commission with assistance It should be expected to be a paid position for SOmeone with public meeting experience If the Town Council does not have someone in mind I suggest you approach the secretaries who handle land use commission meetings

2 The Town Attorneys office is available-to assist the Commission I will be the primary contact for the Commission Specific issues raised by the Commission may be assigned by me to other attorneys in the office

3 The Commission will need a designated office with space to maintain its records If there is no particular offIce available the Town Clerks office must be designated in accordance with the Freedom of Information Act

JMSbjc

cc Barbara A Kapi Town Clerk

Michael Brodinsky Chairman - Memorandum January 18 2008 Page Two

7 The Commission must hold at least two public hearings

(a) One prior to the beginning of any substantive work

(b) One after draft report is completed but not submitted to the Town Council w~lich allows the Commission the opportunity to change the report after the final public hearing but before submission to the Town Council and

(c) The Commission may hold additional public hearings as it deems necessary [sect7 -191 (a)]

8 The CommissIon submits its draft report to the Town CierIlt who then forwards it to the Town Council [sect7-191(b)J

9 The Town Council shall hold at least one public hearing on the draft report The last public hearing on the draft report must be held within 45 days of the date of submission to the Town Clerk [sect7-191 (b)]

10 Within 15 days after the last public hearing the Town Council shall make recommendations if any to the Commission for changes in the draft report [sect7-191 (b)]

11 If the Town Council does not make any recommendations for changes within the 15 days the report shall become final and the Town Council will act on the report [sect7-191 (c)l

12 If the Town Council makes recommendations for changes the Commission shall

confer with the Town Council and the Commission may amend the report or reject the Town Councils recommendations [sect7-191 (c)]

13 middotIn either case the Commission shall make its final report within 30 days after receiving the Town Councils recommendations [sect7-191(c)J

14 Within 15 days after receipt of the final report bya majority of the entire membership the Town Council may

(a) approve the proposed changes

(b) reject all the proposed changes or

(c) reject separate provisions and accept others [sect7-191(d)]

15 Within 30 days after approval the proposed amendments shall be published in full at least once in the newspaper [sect7-191 (d)J

Michael Brodinsky Chairman - Memorandum January 18 2008 Page Three

16 By a majority vote of its entire membership the Town Council shall determine whether the proposed amendments shall bemiddot submitted to the electors at a regular or special election (no later than 15 months after approval)[sect7 middot191 (e)J

17 The Town Council shall prepare the proposed amendments for the ballot and may submit them in the form of one or several qlJestions [sect7-191(f)]

18 Approval by the electors is as follows

(a) At regular election by a majority of electors voting thereon or

(b) at a special election by a majority which equals at least 15 of the electors as determined by the last-completed active registry list of the town at a special election [sect7 -191 (f)]

19 If approved by the electors the amendments are effective 30 days after the election unless the proposed changes included a different effective date [sect7-191 (f)]

ADDITIONAL COMMENTS

1 The Commission will need a secretary to handle minutes agendas etc and provide the commission with assistance It should be expected to be a paid position for SOmeone with public meeting experience If the Town Council does not have someone in mind I suggest you approach the secretaries who handle land use commission meetings

2 The Town Attorneys office is available-to assist the Commission I will be the primary contact for the Commission Specific issues raised by the Commission may be assigned by me to other attorneys in the office

3 The Commission will need a designated office with space to maintain its records If there is no particular offIce available the Town Clerks office must be designated in accordance with the Freedom of Information Act

JMSbjc

cc Barbara A Kapi Town Clerk

Michael Brodinsky Chairman - Memorandum January 18 2008 Page Three

16 By a majority vote of its entire membership the Town Council shall determine whether the proposed amendments shall bemiddot submitted to the electors at a regular or special election (no later than 15 months after approval)[sect7 middot191 (e)J

17 The Town Council shall prepare the proposed amendments for the ballot and may submit them in the form of one or several qlJestions [sect7-191(f)]

18 Approval by the electors is as follows

(a) At regular election by a majority of electors voting thereon or

(b) at a special election by a majority which equals at least 15 of the electors as determined by the last-completed active registry list of the town at a special election [sect7 -191 (f)]

19 If approved by the electors the amendments are effective 30 days after the election unless the proposed changes included a different effective date [sect7-191 (f)]

ADDITIONAL COMMENTS

1 The Commission will need a secretary to handle minutes agendas etc and provide the commission with assistance It should be expected to be a paid position for SOmeone with public meeting experience If the Town Council does not have someone in mind I suggest you approach the secretaries who handle land use commission meetings

2 The Town Attorneys office is available-to assist the Commission I will be the primary contact for the Commission Specific issues raised by the Commission may be assigned by me to other attorneys in the office

3 The Commission will need a designated office with space to maintain its records If there is no particular offIce available the Town Clerks office must be designated in accordance with the Freedom of Information Act

JMSbjc

cc Barbara A Kapi Town Clerk