FROM
THE CONNECTICT GENERAL STATUTES ON THE SUBJECT OF CHARTER REVISION...
Sec. 7-188. Initiation
of action for adoption, amendment or repeal of charter or home rule
ordinance. (a) Any municipality, in addition to such powers as it has
under the provisions of the general statutes or any special act, shall
have the power to (1) adopt and amend a charter which shall be its
organic law and shall supersede any existing charter, including
amendments thereto, and all special acts inconsistent with such charter
or amendments, which charter or amended charter may include the
provisions of any special act concerning the municipality but which
shall not otherwise be inconsistent with the Constitution or general
statutes, provided nothing in this section shall be construed to
provide that any special act relative to any municipality is repealed
solely because such special act is not included in the charter or
amended charter; (2) amend a home rule ordinance which has been adopted
prior to October 1, 1982, which revised home rule ordinance shall not
be inconsistent with the Constitution or the general statutes; and (3)
repeal any such home rule ordinance by adopting a charter, provided the
rights or benefits granted to any individual under any municipal
retirement or pension system shall not be diminished or eliminated.
(b) Any action pursuant to subsection (a) of this section shall be
initiated by a resolution adopted by a two-thirds vote of the entire
membership of the appointing authority of such municipality, or by
petition filed with the clerk of such municipality for submission to
the appointing authority and signed by not less than ten per cent of
the electors of such municipality, as determined by its last-completed
registry list; provided, in the case of a consolidated town and city
having a town clerk and a city clerk, such petition shall be filed with
the city clerk.
(c) No signature on any petition filed pursuant to subsection (b) of
this section shall be valid unless it has been obtained within ninety
days of the filing of the page of the petition on which it appears. Any
elector signing such a petition may cause his signature to be removed
at any time prior to the filing of such petition with the clerk. The
clerk with whom the petition is filed shall proceed forthwith to
determine its sufficiency by comparing the signatures thereon with
those contained in said registry list and shall certify its sufficiency
or insufficiency to the appointing authority.
(d) After a resolution has been so adopted by the appointing authority
or a petition has been so certified as sufficient, as the case may be,
the appointing authority shall not adopt any resolution initiating such
action and the clerk shall not accept any petition for the initiation
of such action until such time as the commission appointed pursuant to
such original resolution or petition has been terminated.
(1953, S. 271d, 272d; 1957, P.A. 465, S. 2; 1959, P.A. 678, S. 2;
February, 1965, P.A. 269, S. 1; P.A. 81-451, S. 2, 10; P.A. 84-153;
P.A. 85-253, S. 2, 10; P.A. 87-278, S. 2, 5.)
History: 1959 act added home rule ordinance provisions; 1965 act
provided no signature is to be valid unless obtained within 90 days of
filing petition; P.A. 81-451 provided that no new home rule ordinances
should be adopted after October 1, 1982, and that no new petition could
be accepted until a commission appointed pursuant to a previous
petition had been terminated, effective October 1, 1982; P.A. 84-153
amended Subsec. (d) to apply provisions to resolutions and to clarify
that only one commission can exist at any time; P.A. 85-253 amended
Subsec. (a) to replace the word "revise" with the word "amend" and to
add language concerning inclusion of special acts in Subdiv. (1); P.A.
87-278 inserted the word "otherwise" in the phrase "shall not otherwise
be inconsistent" in Subsec. (a).
See Sec. 7-328a re home rule action.
Cited. 140 C. 517. Home rule, so far as it relates to charter changes,
may be exercised only in accordance with general statutes. 150 C. 24.
Purpose behind act is to enable municipalities to draft or amend
charters without necessity of action by general assembly. 152 C. 423.
As to method or procedure of assessment, the home rule act, being later
in time, takes precedence over any inconsistent provisions in the
Waterbury charter. Id. Act exhibits legislative intent to add a new
power to those which municipalities already had without affecting
existing powers. 152 C. 424. Cited. 178 C. 81. Cited. 180 C. 243.
Cited. 182 C. 253. Cited. 188 C. 276. Cited. 190 C. 736. Cited. 193 C.
1. Cited. 216 C. 112. Cited. 234 C. 513.
Cited. 37 CA 348.
Adoption of municipal charter does not invalidate special acts prior
thereto establishing special districts. 28 CS 413. A charter provision
cannot repeal or nullify the general statutes. 31 CS 392.
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Sec. 7-189. Form of petition.
(a) The form of the petition for adopting or amending a charter or
amending a home rule ordinance shall be as follows: WARNING: ALL
SIGNATURES SHALL BE IN INK OR INDELIBLE PENCIL. We, the undersigned
electors of the town, city or borough of (here insert name of town,
city or borough), hereby present this petition under the provisions of
section 7-188 requesting the appointment of a commission for (insert
one of the following: "The adoption of a charter, the amendment of its
charter, or the amendment of its home rule ordinance", using such words
as are applicable) and we certify that we are electors of the town,
city or borough of .... residing at the addresses set opposite our
names and that we have signed this petition on the dates opposite our
names and not more than once. (Here follow the signatures, dates and
addresses.)
(b) Each page of such petition shall contain a statement, signed under
penalties of false statement as defined in section 53a-157b, by the
person who circulates the same, setting forth such circulator's name
and address, and which shall be in the form as follows: "Each person
whose name appears on this page signed the same in person in my
presence and such person is known to me or has satisfactorily
identified himself to me." Any page of a petition which does not
contain such a statement by the circulator shall be invalid.
(c) Such petition may also include, immediately after the statement
provided in subsection (a) of this section, a list of general or
specific recommendations for consideration by such commission.
(1957, P.A. 465, S. 3; 1959, P.A. 678, S. 3; February, 1965, P.A. 269,
S. 2; P.A. 81-451, S. 3, 10; P.A. 85-253, S. 3, 10.)
History: 1959 act added home rule ordinance provisions; 1965 act added
provision for placing date of signing on petition; P.A. 81-451 added
Subsec. (b) concerning the statement of the circulator and Subsec. (c)
concerning recommendations for consideration by the commission and
revised wording of petition form in Subsec. (a), effective October 1,
1982; P.A. 85-253 amended Subsec. (a) to refer to amendments of
charters and home rule ordinances rather than to revisions.
Cited. 188 C. 276. Cited. 193 C. 1. Cited. 196 C. 623. Cited. 234 C.
513.
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Sec. 7-190. Commission: Appointment, membership, duties, report,
termination. (a) Within thirty days after such action has been
initiated by vote of the appointing authority or by certification of a
petition, the appointing authority shall by resolution appoint a
commission consisting of not fewer than five nor more than fifteen
electors, not more than one-third of whom may hold any other public
office in the municipality and not more than a bare majority of whom
shall be members of any one political party, which commission shall
proceed forthwith to draft a charter, or amendments to the existing
charter, or amendments to the home rule ordinance, as the case may be.
(b) The appointing authority shall direct the commission to consider
those recommendations included in the petition and may make other
recommendations to the commission. The commission may also consider
other items for inclusion in the proposed charter, other changes to the
charter or home rule ordinance and such other items as it deems
desirable or necessary. The commission shall in its reports comment on
each recommendation which it has been directed to consider, if any, and
on such other changes or items. The appointing authority shall specify
by resolution when the commission shall submit its draft report, which
shall be not later than sixteen months from the date of its appointment.
(c) The commission shall terminate upon acceptance or rejection of its
final report by the appointing authority.
(1957, P.A. 465, S. 4; 1959, P.A. 678, S. 4; 1967, P.A. 76; P.A.
75-179; P.A. 81-451, S. 4, 10; P.A. 83-188, S. 2; P.A. 85-253, S. 4,
10.)
History: 1959 act added home rule ordinance provisions; 1967 act made
minor change in wording; P.A. 75-179 distinguished between charter
commissions and charter revision or home rule ordinance commissions re
report deadlines; P.A. 81-451 divided section into subsecs., clarified
language of existing provisions, required consideration of
recommendations in petition and recommendations of appointing
authority, changed deadline for report from 18 to 16 months from date
of appointment and added Subsec. (c) re termination of commission,
effective October 1, 1982; P.A. 83-188 made minor change in wording of
Subsec. (b), requiring submission of draft report rather than of final
report; P.A. 85-253 replaced the words "revision of" with the words
"amendments to" and made certain technical changes.
Cited. 150 C. 27. Cited. 184 C. 30. Cited. 188 C. 276. Interpretation
of statute not unconstitutional. Id. Cited. 193 C. 1. Cited. 196 C.
623. Cited. 234 C. 513.
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Sec. 7-191.
Charters, charter amendments and home rule ordinance amendments:
Hearings; draft and final report; public notice; referendum; effective
date; filing of copies with Secretary of the State; file maintained by
State Library. (a) The commission shall hold at least two public
hearings on the proposed charter, charter amendments or home rule
ordinance amendments; one prior to the beginning of any substantive
work on such charter, charter amendments or home rule ordinance
amendments, and one after the draft report to the appointing authority
has been completed, but not submitted, after which hearings the
commission may amend such report. The commission may hold such other
public hearings as it deems necessary.
(b) The commission shall submit its draft report, including the
proposed charter, charter amendments or home rule ordinance amendments,
to the clerk of the municipality, who shall transmit such report to the
appointing authority. The appointing authority shall hold at least one
public hearing on the draft report and shall hold its last hearing not
later than forty-five days after the submission of the draft report to
such clerk. Not later than fifteen days after its last hearing, the
appointing authority shall make recommendations to the commission for
such changes in the draft report as it deems desirable.
(c) If the appointing authority makes no recommendations for changes in
the draft report to the commission within such fifteen days, the report
of the commission shall be final and the appointing authority shall act
on such report. If the appointing authority makes recommendations for
changes in the draft report to the commission, the commission shall
confer with the appointing authority concerning any such
recommendations and may amend any provisions of the proposed charter,
charter amendments or home rule ordinance amendments, in accordance
with such recommendations, or the commission may reject such
recommendations. In either case the commission shall make its final
report to the appointing authority not later than thirty days after
receiving such recommendations.
(d) Not later than fifteen days after receiving the final report, the
appointing authority, by a majority vote of its entire membership,
shall either approve the proposed charter, charter amendments or home
rule ordinance amendments or reject the same or separate provisions
thereof. Not later than forty-five days after a vote of the appointing
authority to reject such matter, a petition for a referendum thereon,
signed by not less than ten per cent of the electors of such
municipality, as determined by the last-completed registry list
thereof, and filed and certified in accordance with the provisions of
section 7-188, may be presented to the appointing authority. Not later
than thirty days after approval by the appointing authority or the
certification of such a petition (1) the proposed charter shall be
published in full at least once in a newspaper having a general
circulation in the municipality, or (2) the portion of the charter or
home rule ordinance being amended shall be published at least once in a
newspaper having a general circulation in the municipality with a
notice that a complete copy of the charter or home rule ordinance and
amendment is available in the town clerk's office and that a copy shall
be mailed to any person who requests a copy. The town clerk shall mail
or otherwise provide such copy to any person who requests a copy.
(e) The appointing authority shall, by a majority vote of its entire
membership, determine whether the proposed charter, charter amendments
or home rule ordinance amendments shall be submitted to the electors
for approval or rejection at a regular election or at a special
election warned and held for that purpose, which shall be held not
later than fifteen months after either the approval by the appointing
authority or the certification of a petition for a referendum.
(f) The proposed charter, charter amendments or home rule ordinance
amendments shall be prepared for the ballot by the appointing authority
and may be submitted in the form of one or several questions; and, if
approved by a majority of the electors of the municipality voting
thereon at a regular election or if approved by a majority which number
equals at least fifteen per cent of the electors of the municipality as
determined by the last-completed active registry list of such
municipality at a special election, such proposed charter, charter
amendments or home rule ordinance amendments shall become effective
thirty days after such approval unless an effective date or dates are
specified therein, in which event the date or dates specified shall
prevail.
(g) Not later than thirty days after the approval by the electors of
any proposed charter, charter amendments or home rule ordinance
amendments, the town or city clerk shall file, with the Secretary of
the State, (1) three certified copies thereof, with the effective date
or dates indicated thereon, and (2) in the case of the approval of
charter or home rule ordinance amendments, three certified copies of
the complete charter or ordinance incorporating such amendments. The
Secretary of the State shall distribute two copies, whether tangible or
intangible in form, to the State Library, where a file of such
charters, charter amendments and home rule ordinance amendments shall
be kept for public inspection.
(1953, S. 271d; 1957, P.A. 465, S. 5; 1959, P.A. 678, S. 5; 1963, P.A.
184; P.A. 75-358, S. 1, 2; P.A. 77-196, S. 1; P.A. 79-207; P.A. 81-451,
S. 5, 10; P.A. 82-472, S. 14, 183; P.A. 83-188, S. 3; P.A. 84-161; P.A.
85-253, S. 5, 10; P.A. 87-387, S. 3; P.A. 96-134, S. 6, 9; P.A. 00-92,
S. 6; P.A. 02-89, S. 7; P.A. 03-99, S. 1; P.A. 07-227, S. 19.)
History: 1959 act added home rule ordinance provisions and changed
"general" election to "regular" election; 1963 act specified subject
matter of mandatory hearing by commission and provided for referendum
re rejected matter on petition of electors; P.A. 75-358 made specific
provisions re effective dates for charters, home rule ordinances etc.,
re validations of actions of municipality or its administrative
agencies or officials; P.A. 77-196 required filing with secretary of
the state within 15 days rather than 7 days; P.A. 79-207 required two
public hearings rather than one, one before the substantive work and
one after report is drafted but before its submission; P.A. 81-451
divided section into subsecs., clarified language of existing
provisions, changed time for hearing from 30 to 45 days after
submission of draft report, reduced the percentage of electors
necessary to force a referendum from 15% to %10, required that election
be held within 15 months rather than one year after approval or
certification of petition and provided that the appointing authority
shall prepare the ballot, effective October 1, 1982; P.A. 82-472 made
technical corrections; P.A. 83-188 made minor changes in wording of
Subsec. (b); P.A. 84-161 amended Subsec. (h) to provide for 30-day
filing period rather than 15-day period; P.A. 85-253 changed "revised
charter" to "charter amendments" and "revised home rule ordinance" to
"home rule ordinance amendments"; P.A. 87-387 added Subsec. (h)(2) re
filing requirements in the case of approval of charter or home rule
ordinance amendments; P.A. 96-134 added the word "active" before
"registry list of such municipality" in Subsec. (f), effective May 29,
1996; P.A. 00-92 amended Subsec. (b) to require hearing "not later
than" 45 days "after the submission" rather than former "within" 45
days "of the submission", and throughout the section substituted "not
later than" for "within"; P.A. 02-89 deleted as obsolete former Subsec.
(g) re effective date of any proposed charter, home rule ordinance or
amendment or repeal thereof approved at any election on or after
November 5, 1974, and prior to July 1, 1975, and re the validation of
actions of a municipality or agency or official thereof taken prior to
July 1, 1975, under a previously effective charter or home rule
ordinance, and redesignated existing Subsec. (h) as Subsec. (g); P.A.
03-99 amended Subsec. (d) to insert Subdiv. designators (1) and (2), to
delete requirement that charter or home rule ordinance amendments be
published in full and to provide that the portion of the charter or
home rule ordinance being amended be published and that a copy be
provided by the town clerk upon request; P.A. 07-227 added reference to
tangible or intangible copies in Subsec. (g), effective July 1, 2007.
See Sec. 1-1c(b) for meaning of "special election warned and held or
called for that purpose".
See chapter 152 (Sec. 9-369 et seq.) re holding of referenda.
Cited. 140 C. 517. Legislature intended procedure outlined in home rule
act to be a complete, self-contained method of amending charter of a
city irrespective of any existing charter provision. Home rule act
controls previously enacted special laws which are inconsistent with
it. Home rule so far as it relates to charter changes may be exercised
only in accordance with provisions of general statutes. 150 C. 24.
Amendment of charter of consolidated city of Norwich to change tax and
other provisions concerning its districts pursuant to sections 7-188
through 7-194, held valid when challenged by action for declaratory
judgment by resident taxpayer. 155 C. 573. Cited. 184 C. 30. Cited. 188
C. 276. Interpretation of statute not unconstitutional. Id. Cited. 193
C. 1. Cited. 196 C. 623. Cited. 234 C. 513.
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Sec. 7-191a.
Adoption of home rule ordinance. Any home rule ordinance in effect on
October 1, 1982, shall be part of the organic law of the municipality
and the special act superseded thereby and any other special act
relating to the government of such municipality inconsistent therewith
are repealed.
(1959, P.A. 678, S. 6; P.A. 81-451, S. 6, 10.)
History: P.A. 81-451 made ordinances in effect on October 1, 1982, a
part of municipality's organic law, replacing provision which had made
any home rule ordinance a part of organic law upon its adoption,
effective October 1, 1982.
Cited. 178 C. 81. Cited. 188 C. 276. Cited. 193 C. 1. Cited. 196 C. 623.
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Sec. 7-192. Existing provisions not
affected. Amendments to charters. Amendment or revision of home rule
ordinance. Supersedence of certain special acts by municipal ordinance.
Termination of certain parking authorities and boards of health. (a)
Every charter, special act and home rule ordinance in effect on October
1, 1982, shall continue in effect until repealed or superseded by the
adoption of a charter, charter amendments or home rule ordinance
amendments in accordance with this chapter, the provisions in any
charter in existence on said date governing revision or amendment to
the contrary notwithstanding. Nothing in this section shall prohibit
the adoption of a revised home rule ordinance or home rule ordinance
amendments by any method established in such home rule ordinance if the
provisions concerning such method were in effect on July 15, 1959. Any
municipality administering its local affairs under the provisions of
the general statutes or special acts adopted prior to said date may
continue to so administer its local affairs until the electors of such
municipality avail themselves of the provisions of this chapter. Any
municipality having as its organic law a home rule ordinance or a
revised or amended home rule ordinance shall after any revision or
amendment of such ordinance publish, in a single document, any such
home rule ordinance and shall make such ordinance available at a
nominal cost to any member of the public.
(b) Notwithstanding the provisions of subsection (a) of this section,
the provisions of any special act relative to the number of holders of
an office, or members of a board, commission, department or agency of a
municipality (1) which does not administer its affairs under a charter,
and (2) for which the legislative body, as defined in section 1-1, is a
town meeting may be superseded by adoption of a municipal ordinance
that is not otherwise inconsistent with the Constitution of the state
or the general statutes.
(c) Notwithstanding the provisions of subsection (a) of this section,
any consolidated town and city which (1) was consolidated in 1902, (2)
has a mayor and board of aldermen form of government, and (3) has a
population of more than one hundred thousand may terminate a parking
authority established by special act in such consolidated town and city
upon majority vote of the board of aldermen. The clerk of any such
consolidated town and city shall notify the Secretary of the State of
such termination not more than ten days after such vote.
(d) Notwithstanding the provisions of subsection (a) of this section,
any municipality which (1) was incorporated in 1784, (2) administers
its affairs under a charter and for which the legislative body is a
town meeting, and (3) has a population of less than twelve thousand may
terminate a board of health established in the municipality by special
act by adoption of an ordinance that is not otherwise inconsistent with
the Constitution of the state or the general statutes.
(1957, P.A. 465, S. 6; P.A. 81-451, S. 7, 10; P.A. 85-253, S. 6, 10;
P.A. 92-172, S. 1; P.A. 03-256, S. 2.)
History: P.A. 81-451 transferred former provision concerning imposition
of taxes to Sec. 7-192a and added provisions concerning revision of
home rule ordinance by methods in effect prior to July 15, 1959, and to
publication of home rule ordinances, effective October 1, 1982; P.A.
85-253 amended section to refer to amendment of charters and home rule
ordinances rather than to their revision; P.A. 92-172 amended section
by designating Subsec. (a) and adding Subsec. (b) re supersedence of
special acts by municipal ordinance not inconsistent with the state
constitution or general statutes; P.A. 03-256 made a technical change
in Subsec. (b), added Subsec. (c) re termination of a parking authority
in a consolidated town or city and added Subsec. (d) re termination of
a board of health in a municipality, effective June 26, 2003.
Legislature intended procedure outlined in home rule act to be a
complete, self-contained method, not involving action by general
assembly, of amending charter of a city, irrespective of any existing
charter provision. Act confers no power on mayor to exercise a veto. A
construction which would import into these amendatory proceedings the
power of veto conferred on mayor by charter would be inconsistent with
procedure provided for in section 7-191. 150 C. 24. Cited. 155 C. 579.
Cited. 171 C. 74. Retention of surplus was not an unauthorized exercise
of taxing power in violation of statute. 178 C. 81. Charter provisions
regarding consolidation prevail over parallel provisions in home rule
act. 179 C. 589. Cited. 188 C. 276. Cited. 193 C. 1. Cited. 196 C. 623.
Members
of the public present on June 26 noted that if not for President
Failla's
letter, correctly stating the start time of this meeting, they would
have
come too early and left (FORUM put on page one that the meeting began
at
7:30pm!)...
"LWV focusing on town charter"
(cut line in "Letters to the Editor" June 26, 2003 FORUM)
To the Editor:
The League of Women Voters of Weston
is a non-partisan political organization whose mission it is to
encourage
the informed and active participation of citizens in their government
and
to influence public policy through education and advocacy. The
league's
men and women believe that informed citizens are key to effective
government
in a democracy.
One of the services we perform
is the attendance of town meetings by the Observer Corps. Past
President
Lucy Bowden attended Charter Revision Committee meeting last
week.
Former First Selectwoman Helen Speck, a league members who was active
in
Weston until her recent move, sent a letter to the commission, which
was
included in the record. At the Charter Revision Committee's
public
hearing on May 29, Past President Helen De Keijzer presented testimony
in behalf of the league. Before the committee concludes its work,
we would like to share a few of the main points and to urge citizens to
attend the committee's next meeting, on Thursday, June 26, 8pm.
The committee has been asked to
focus on Town Charter section 2.7, which addresses an essential need
for
citizens to call into question and review important town
decisions.
A clear mechanism for such citizen review is a crucial feature of our
town
charter. Town legislators, i.e., eligible voters, must continue
to
have the power to ask that a town meeting be convened. Too high a
signature requirement may discourage voters from exercising their right
to petition town government and could make the petition process
ineffective.
To promote democracy and good governance,
it is essential for the Charter Revision Commission to establish an
appropriate
balance between the right of citizens to call for a review of town
government
decisions and the town's need to check potential abuse of such a
provision.
Safeguarding an appropriate and effective balance of power is of the
utmost
importance.
To encourage voter participations
at Weston's Annual Town Budget Meetings, we recommended consideration
of
charter revisions that would foster regular use of a means of private
voting
as well as more flexibility for voter participation. Our local
league
position urges:
- Regular use of "secret
ballot" by
paper ballot, machine or the Internet (if permitted by the state in the
future)
- Providing an additional
opportunity
to vote, such as on the Saturday following the Town Meeting. Such
a provision is used in Wilton.
- Finally, the current
charter requires
that the Town Budget Meeting begin at 8:30pm. An earlier start
time
would encourage increased voter participation.
The committee will meet next
on Thursday, June 26, at 8pm. We encourage citizens to attend.
KATHLEEN FAILLA
Weston League of Women Voters
President
June 23
Previously...
Statement to the Charter Revision
Commission, Thursday, May 29, 2003
I am Helen de Keijzer speaking on
behalf of the League of Women Voters of Weston. We thank you all for
committing
to the task of reviewing and recommending possible revisions of
Weston’s
Town Charter to the Board of Selectmen and the community.
It is our understanding that your
Commission has been asked to focus, at least at the outset, on Town
Charter
section 2.7. Our League has not had the occasion to conduct an in-depth
study of this particular section, its implications, or, of course, the
implications of any potential changes in its provisions.
However, in general terms, we can
say that section 2.7 (and 2.6 as well) address an essential need for
citizens
to call into question and review important town decisions. A clear
mechanism
for such a citizen review is a crucial feature of our Town Charter.
Town
legislators, i.e., eligible voters, must continue to have the power to
ask that a town meeting be convened. To promote good government
decision-making,
it will be critical for your Commission to find a balance between the
essential
and appropriate right of citizens to call for a review of town
government
decisions, as, for example, because of changing circumstances, and the
need of the town to check potential abuse of such a provision.
Our local League archives are full
of minutes of meetings that discuss drafting of the Town Charter
and, later, Charter revision. One topic repeatedly addressed was the
need
to carefully and clearly define powers of the legislators and the
administrators,
and an important recurring theme was the concern for checks and
balances.
Safeguarding an appropriate and effective balance of power was
considered
to be of utmost importance.
The Town Charter was last revised
twenty-four years ago in l979. Since Weston’s population has
increased
significantly during the intervening time, and since new issues arise
in
any growing, changing community, an extended comprehensive review
rather
than a short limited one may well be appropriate at this time. Of
course,
as you review the charter, providing on-going opportunities for public
comment will assure the best possible result.
As you begin your work, in addition
to your consideration of section 2.7, the League would like you to
consider
two League positions of potential relevance to a more comprehensive
charter
revision process if you should decide to undertake or recommend one.
As some of you know, local League
positions are established only after a League study and member
consensus
process is completed. The two positions I bring to your attention are
Voter
Participation in Weston Town Meetings, adopted in 2001, and Ethics in
Government,
adopted in 1995. We have made copies of both for your reference.
First, on the basis of our position
on Voter Participation in Weston Town Meetings, we recommend
consideration
of charter revisions that would fostor regular use of a means of
private
voting as well as a more flexible opportunity for voter participation.
Our position urges:
• Regular use of “secret ballot” by
paper ballot, machine, or on the internet (if permitted by the state in
the future). The privacy of the ballot form of voting eliminates
potential
voter concerns about the opinions of others attending a Town Meeting
and
minimizes potential voter intimidation surrounding contentious issues.
• Providing an additional opportunity
to vote, such as on the Saturday following the Town Meeting. This is a
procedure used in Wilton in an effort to afford as many ‘legislators’
as
possible an opportunity to vote. It accommodates the traveling business
person, older citizens more comfortable going out during the day, and
others
simply unable to attend on the particular Town Meeting day. Such an
arrangement
can potentially even provide for absentee ballots though only on a
limited
basis.
Simply put, the League’s Voter Participation
Study suggested that in the towns studied, votes taken by referendum
attracted
a higher percentage of town voters. Weston Town Meetings where “secret
ballots” were not used typically averaged well below 10% voter
participation.
It is also relevant to mention that
during study discussions, we were concerned that the Annual Town Budget
Meeting (ATBM) is required by charter to begin at 8:30 p.m. It was felt
that an earlier start time would encourage increased voter
participation
and would also allow for the possibility of more discussion before
triggering
(at 11:00 p.m.) a second night of deliberations as currently required.
Charter review provides an opportunity to reconsider these requirements.
The second position we wish to bring
to your attention is Ethics in Government (1995).
As you will see, many of the recommendations
made in this position have already been put in place. The Board of
Ethics
was established by resolution of the Board of Selectmen in December
1996.
Perhaps it will be appropriate at this time to add this Board to
Article
7: Appointive Officers, Boards and Commissions as the League of Women
Voters
recommended in 1965 as part of their study of the adoption of a town
charter.
It may also be an opportunity to state clearly the duties of the board
and possibly to broaden it’s charge.
Thank you for the opportunity to share
our views. We look forward to further public debate on this important
project.
Helen de Keijzer and Lucy Bowden
co-presidents, League of Women Voters
of Weston