ARTICLE V. APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES

Section 5-1.  Appointive boards.

        There shall continue to be the following appointive boards:  The conservation commission, the parks and recreation commission, the building code board of appeals, the commission on the aging, the historic district commission, the housing authority, the pension commission,  the youth commission, board of ethics and water pollution control authority.

        Additional appointive boards may be created and their powers and duties specified by ordinance passed at a town meeting.  Appointive boards, authorized by this section may be abolished or consolidated, their powers and duties may be altered and the number or term of office of their members may be changed by ordinance. (7)

Section 5-2.  Appointments to appointive boards and commissions.

        The board of selectmen shall appoint, whether for full terms or to fill vacancies, the members of all boards and commissions authorized by this Charter, herein referred to as appointive boards.

        So long as the maximum number of members of the same political party permitted under the minority representation law is not exceeded, the board of selectmen may appoint a person to fill a vacancy without regard to the political party affiliation of the vacating member.  During the last fourteen (14) days of its term, the board of selectmen may make no appointments to appointive boards.  The board of selectmen may not make or substitute appointments for full terms which do no commence during the term of office of said board of selectmen.

        All members of appointive boards shall be electors and residents of the town and shall vacate their positions upon the termination of their status as either electors or residents of the town.  Minors appointed to the youth commission are exempt from the requirement of being an elector. (14)

        All terms shall be established to expire as nearly as possible at regularly staggered annual or biennial intervals.

        A member shall continue to hold office until a successor has been appointed and has qualified.

        Membership on all appointive boards provided by this article shall be determined in accordance with the minority representation law as set forth in the General Statutes unless otherwise specified in this Charter. (8)

Section 5-3.  Conservation commission.

        The conservation commission shall consist of nine (9) members serving three-year terms ending February l.  Three (3) members shall be appointed each year.

        The conservation commission shall devote its efforts to insuring the sound development, conservation, supervision and regulation of natural resources, including water resources of the town, and shall be responsible for the duties of the flood and erosion control board as prescribed in the General Statutes and applicable ordinances.

Section 5-4.  Parks and recreation commission.

        The parks and recreation commission shall consist of seven (7) members serving three-year terms ending April l. Two (2) or three (3) members, as appropriate shall be appointed each year.

        The parks and recreation commission shall maintain a comprehensive recreational program; shall be responsible for all park properties; shall prescribe a system of regulations, permits, and fees for recreational and park uses; shall appoint and employ a full-time superintendent and such other staff as is needed; and shall have duties and powers in accordance with the General Statutes and applicable ordinances.

Section 5-5.  Building code board of appeals.

        The building code board of appeals shall consist of five (5) members serving five-year terms ending January l.  One member shall be appointed each year.

        The building code board of appeals shall hear appeals of persons who feel the building official erred in issuing an order or in failing to issue a permit to construct, and shall have powers and duties in accordance with the General Statutes and applicable ordinances.

Section 5-6.  Commission on the aging

        The commission on the aging shall consist of eight (8) members serving three-year terms ending April 1.  Two (2) or three (3) members, as appropriate, shall be appointed each year.

        The commission on the aging shall study the needs of the elderly and coordinate municipal programs to meet those needs; and shall have powers and duties in accordance with the General Statutes and applicable ordinances.

Section 5-7.  Historic district commission.

        The historic district commission shall consist of five (5) members who hold no salaried municipal office, serving five-year terms ending January l.  One member shall be appointed each year.  Preferably, at least one member of the commission shall be an architect.  

        The historic district commission may prevent erection, reconstruction, alteration, razing of buildings and other structures in the historic districts, and shall have powers and duties in accordance with the General Statutes and applicable ordinances. (5)

Section 5-8.  Housing Authority.

        The housing authority shall consist of five (5) members serving five-year terms ending October 31.  One member shall be appointed each year.

        The housing authority shall be responsible for the administration and operation of public housing projects, and shall have powers and duties in accordance with the General Statutes and applicable ordinances.

Section 5-9.  Pension commission.

        The pension commission shall consist of seven (7) members serving for three-year terms ending June l.  Two (2) or three (3) members shall be appointed each year, as appropriate.

        The pension commission shall be responsible for the planning and management of a pension system for municipal employees, and shall have powers and duties in accordance with the General Statutes and applicable ordinances.

Section 5-10.  Youth commission.

        The youth commission shall consist of sixteen (16) members serving two-year terms ending July l.  Eight (8) members shall be appointed each year.  

        The youth commission shall act as an advocate for the youth of Ridgefield, and ensure participation, planning and development by the community of youth services, and shall have powers and duties in accordance with the General Statutes.

        Minors/youth are permitted to be members of the youth commission. (9)

Section 5-10.1.  Water pollution control authority.

        The water pollution control authority shall consist of five (5) members serving four (4) year terms ending April 1.  Initially, two members shall be appointed for two year terms, one member for a three year term, and two members for four year terms.  Thereafter one or two members shall be appointed at the expiration of each four year term.  At least two (2) members must possess formal technical training appropriate to understanding the operation of sewer plants.  At least one (1) member shall reside in a dwelling connected to the sewer and at least one (1) reside in a dwelling serviced by septic.  

        The authority shall have powers and duties in accordance with the general statutes and applicable ordinances.

        The water pollution control authority shall be responsible for supervision of the towns sewer plants.  The authority shall formulate and approve a fee schedule.  The authority shall formulate and periodically update a water pollution control plan for the town.  Such plan shall designate and delineate the boundary of:  areas served by municipal sewerage systems; areas where sewerage facilities are planned and the schedule of design and construction anticipated or proposed; areas where sewers are to be avoided; areas served by community sewerage systems not owned by the town and areas to be served by any proposed community sewerage system not owned by the town.  The authority shall determine any excess capacity of the existing systems and determine the appropriate use of such capacity.  (12)

Section 5-11.  Board of Ethics.

        The board of ethics shall consist of five (5) members and one (1) alternate serving four-year terms ending December 31.  Three members or two members and the alternate shall be appointed every two years.  The members, electors of the town known for their integrity, shall be appointed by the Board of Selectmen, with at least three (3) selectmen voting in favor.  Not more than three members of the board of ethics, including the alternate, shall be registered with the same political party.  Members of the Board of Ethics shall not hold other town office or be employees of the town.

        Initially, two members and the alternate shall be appointed for two-year terms and three members shall be appointed for regular four-year terms.

Section 5-12.  Committees.

        Committees may be established by vote at a town meeting or by vote of the board of selectmen.  Committees established by vote at [a] town meeting may be either temporary or permanent.  Committees established by the board of selectmen shall terminate thirty (30) days after the next regular town election, unless renewed by the vote of the board of selectmen.

        Appointments and Terms:  Except as otherwise provided by the ordinance or resolution establishing a committee, the term of office of appointees to committees shall terminate thirty (30) days after the next regular town election, and the board of selectmen shall act as the initial appointing authority, shall choose successors, and shall fill all vacancies, except that: If the committee was established by vote at a town meeting and the members of that committee were either elected or confirmed by the town meeting, the selectmen shall call a special town meeting for filling any vacancy or choosing successors, and the incumbents may remain in office until their successors have been duly chosen in this manner.   

        Powers:  Committees established by vote of the board of selectmen shall have only those powers and duties which may be delegated to them by the board of selectmen or the first selectman; committees established by vote at a town meeting shall have such powers and duties as the town meeting shall determine, except that no committee shall infringe on the powers or impede the duties which General Statutes or this Charter assigns to town offices, boards and commissions.

Section 5-13.  Removal for cause.

        A member of an appointive board or committee may be removed for cause by the board of selectmen, but no such removal for cause shall be effected unless the member:

        (1)  Has received a statement in writing, prepared either by the first selectman or by the remaining members of the appointive board, of the reasons why such member should be removed; and

        (2)  Has, not less than fifteen (15) days after the delivery of the statement of reasons, been afforded an opportunity for a hearing before the board of selectmen, at which the member may appear with counsel.

        Any member of an appointive board, commission or committee who does not attend at least two-thirds (2/3) of the regular meetings scheduled during the calendar year, shall be considered removed from such board, commission or committee and his or her place shall be considered vacant.  It shall be the duty of the chair of that board, commission or committee to give prompt written notice of such a vacancy to the board of selectmen.

ARTICLE VI. PROCEDURES FOR ELECTIVE AND APPOINTIVE BOARDS

Section 6-1.  Organization.

        Except as otherwise provided in this Charter, all boards shall meet within thirty (30) days of taking office, shall elect a chair and secretary, and may make regulations for the conduct of their meetings and the execution of their duties.  Such regulations and any amendments to them shall be filed with the town clerk, and shall be public records.

        The chair and secretary of such board shall file with the town clerk no later than January thirty-first (31st) of each year the schedule of regular meetings for the ensuing year.  Special meetings shall require twenty-four (24) hours notice except for emergencies or as provided in the General Statutes.

        Except as otherwise provided in this Charter, the compensation of all such boards shall be as recommended by the board of selectmen and board of finance, and shall be subject to the same budgeting procedure as is described in Article X of this Charter; and, officials serving without pay shall receive reimbursement of necessary expenses incurred in the performance of their duties, subject to the limits of appropriations available for such purposes.

        The first selectman shall provide each person appointed to a board with a copy of the ordinance, or other source, which defines the duties of the office.      

Section 6-2.  Attendance.

        The summary of activities and accomplishments submitted by each board, pursuant to section 10-5 of this Charter, shall include a record of attendance of each of its members.  The record shall specify the per cent of regular meetings at which they have been present, and this information shall be included by the board of finance in the annual town report.

Section 6-3.  Minutes.

        Copies of all minutes taken by each board shall be filed with the town clerk, and in the case of appointed boards also with the office of the first selectman within seven (7) days of the date on which such actions are taken and shall include the roll call vote of those present, a description of the various items of business discussed or transacted, a reference to all correspondence received and the recorded vote of each member thereof on all issues.  In addition, the vote of each member upon any issue before a board shall be reduced to writing and made available for public inspection at the town clerk's office within forty-eight (48) hours in accordance with Section 1-21 of the General Statutes.

Section 6-4.  Freedom of Information Act.

        All relevant provisions of the Freedom of Information Act of the General Statutes shall apply in the conduct of boards.

ARTICLE VII. BOARD OF SELECTMEN

Section 7-1.  Composition.

        The members of the board of selectmen shall be a first selectman, and four (4) members who shall be compensated in such manner and amount as may be determined at the annual budget meeting.  No more than three (3) members of this board shall be members of the same political party.  The method of election, term of office and qualifications for members of the board of selectmen shall be as specified in Article IV of this Charter. (5)

Section 7-2.  Procedure and general powers.

        At its first meeting following each biennial town election, the board of selectmen in accordance with the General Statutes and this Charter shall fix the time and place of its regular meetings, provide a method for calling special meetings, consistent with Section 1-21 of the General Statutes, and designate which member shall preside in place of the first selectman in the event of absence or disability.

        A special meeting of the board of selectmen may be called at any time by the first selectman or any two (2) members.  The person or persons calling a special meeting shall give reasonable advance notice and reason for such meeting to the other members of the board.  Notice may be waived, however, by written waiver, signed by all members of the board of selectmen and filed with the town clerk at any time before or after the meeting.

        All meetings of the board of selectmen for the transaction of business shall be open to the public.  The votes of each member shall be recorded at the session at which they occur and reported in the minutes of such meeting.  Minutes shall be taken and filed and votes shall be recorded and published in accordance with section 6-3 of this Charter.  Three (3) members shall constitute a quorum, and all resolutions or actions shall be adopted by majority vote.

        The board of selectmen shall generally supervise the administration of the affairs of the town, except those matters which according to General Statutes or this Charter are delegated to other agencies or boards.

        The board of selectmen shall be responsible for coordinating the activities of all town agencies, and for keeping under review the present and future needs of the town. (5)

Section 7-3.  Special powers and duties.

        In addition to the general powers above, the board of selectmen, subject to the provisions of the General Statutes and this Charter and the necessary approvals of the town meeting as specified by law and Articles III and X of this Charter, shall have the power:

        (a)  To incur indebtedness in the name of the town, and to provide for the due execution of contracts and evidences of indebtedness issued by the town;

        (b)  To purchase, lease, sell or convey real property of or for the town, subject to approval of the town meeting;

        (c)  To institute, prosecute, defend or compromise any legal action or proceeding by or against the town;

        (d)  To enter into contracts for any services and to purchase or contract to purchase any supplies, materials, equipment and other commodities required by any town agency, and to take, purchase, lease, sell or convey any personal property of or for the town.  The board of selectmen may by resolution or regulation delegate its powers in this subsection (d) to any town agency;

        (e)  To establish written rules and regulations under which contracts shall be made and carried out for all public works and improvements;

        (f)  To employ such staff with such powers, duties and responsibilities as it may deem desirable to carry out the duties and responsibilities of the board of selectmen, within the confines of its approved budget;

        (g)  To issue notes in anticipation of tax collections payable within the fiscal year, and to issue bonds or bond anticipation notes up to the amount authorized by a town meeting, in each instance upon such terms and conditions as the board of selectmen may approve, including without limitation the manner and form of issue and sale thereof, the date and rate of interest thereof, the designation of a bank or trust company to act as certifying or paying agent thereof, and the designation of the persons to sign such notices in the name of or on behalf of the town;

        (h)  To accept, or refuse to accept, roads offered to the town, and to abandon or discontinue town roads;

        (i)  To accept real property donated to the town, following approval by the planning and zoning commission, for open space and easements for conservation purposes or for road widening.

        (j)    To approve the transfer of monies between line items within the budget of any town agency. (11)

Section 7-4.  Powers with respect to ordinances.

        The board of selectmen may propose to a town meeting duly called, ordinances consistent with the General Statutes and this Charter on any matter which the General Statutes authorizes to be legislated by ordinance, and which in general would serve to aid in the preservation of the good order, health, welfare, and safety of the town.

        On a declaration of state or public emergency, as provided for in section 8-5 of this Charter, the board of selectmen may enact ordinances to meet such emergency, consistent with the General Statutes and this Charter.  Such emergency ordinances shall become effective once published by the most effective means available.  They shall remain in effect for no more than sixty (60) days and not beyond the duration of the emergency, unless ratified by the town meeting.  They may be repealed by vote of the board of selectmen or the town meeting.

ARTICLE VIII. THE FIRST SELECTMAN

Section 8-1.  The first selectman.

        The election, term of office and qualifications of the first selectman shall be in accordance with Article IV of this Charter.

Section 8-2.  Chief executive and administrative officer.

        The first selectman shall be the full-time chief executive and administrative officer of the town, and shall be required to carry out the duties charged by the General Statutes and specifically described in section 8-3 of this Charter.

        The first selectman shall have all the powers, duties and responsibilities conferred upon that office by law and which are not inconsistent with this Charter; in addition shall have such powers as are necessary or incidental to the discharge of the duties and responsibilities as set forth in this Charter.

        The first selectman shall be a full voting and participating member of the board of selectmen and shall preside at meetings of the board when present.

        The first selectman shall be an ex officio member of all other agencies of the town, but without the power to vote.

        The first selectman may, in writing, appoint a member of the board of selectmen to be his or her representative on any agency, but without the power to vote. (7)

        The first selectman, during his or her term of office, shall not hold any civil office which provides compensation, under the government of the United States, the State of Connecticut, or any subdivision thereof, except that of notary public, nor shall the first selectman hold any of those offices which are considered incompatible, in accordance with Section 9-210 of the General Statutes. (4)

Section 8-3.  Duties of the first selectman.

        The first selectman shall, with general policy direction from the board of selectmen:

        (a)  Be responsible for the proper performance of the first selectman's office;

        (b)  Be responsible for coordinating the administration of the agencies of the town, except for those functions expressly reserved or delegated to those agencies by law;

        (c)  Be directly responsible for all administrative offices and employees, except as otherwise provided by law;

        (d)  Be responsible for the coordination and guidance of the board of selectmen in the discharge of all the board's duties and responsibilities;

        (e)  Be responsible for making a continuous review of the current and future needs of the town, including financial needs and budget requirements, in connection with which the first selectman may require reports and information to be submitted by any town agency and shall keep the board of selectmen fully informed as to the financial condition of the town;

        (f)  Be responsible for the development and publication of a set of priorities which shall provide a guide for those things the town shall attempt to accomplish during the coming year, and this shall serve as a policy guide in the development of the annual town budget;

        (g)  Be responsible for the development and annually update a long term capital improvement plan for the town;

        (h)  Be responsible for advising the board of selectmen of the availability of such federal and/or state funds for which the town may qualify.  This information shall be made available to the board of finance;

        (i)  Be responsible for the implementation of proper financial procedures for those town agencies over which the first selectman has jurisdiction;

        (j)  Be responsible for keeping full and complete records of the activities of the office of the first selectman, make periodic reports to the board of selectmen and the board of finance, keep or cause to be kept complete books of account showing the financial transactions and condition of the town and all other accounts and records as may be prescribed by the board of selectmen, the General Statutes and the town meeting;

        (k)  Be responsible for establishing purchasing procedures for the town, subject to such rules and regulations as may be prescribed by the board of selectmen and elsewhere in this Charter;

        (l)  Purchase or cause to be purchased, subject to such rules and regulations as shall be prescribed by the board of selectmen in accordance with section l0-5 of this Charter, all supplies, materials, equipment and other commodities required by any office or agency of the town, except those town agencies which, under the provisions of this Charter, ordinance, Special Act, or General Statutes of Connecticut, purchase such items in the performance of their own particular duties.  Rules and regulations established by the board of selectmen regarding the method of purchasing by budgeted agencies shall apply uniformly to offices and agencies of the town, to the extent that they are dependent on the budget of the town for monies being expended.  The first selectman shall be responsible for informing such town agencies of said regulations;

        (m)  Competitive bidding

               Before making any purchase, except surety bonds, the first selectman shall give opportunity for competitive bidding under such rules and regulations as the board of selectmen shall prescribe.  All sales of town property shall be made at the direction of the first selectman following the provisions prescribed by the board of selectmen;

        (n)  Be directly responsible for the other duties which the General Statutes assign to the chief executive in the absence of such separate municipal appointive officials as police chief or welfare officer.

Section 8-4.  Appointments.

        The first selectman shall appoint, with approval of the board of selectmen and in accordance with such provisions of the General Statutes, such administrative officers as are assigned to the first selectman for appointment, and such other assistants or employees as may be required, subject to such rules and regulations as may be adopted pursuant to the provisions of Article IX of this Charter.  Such appointees may be removed by the first selectman.  

        The first selectman, with the approval of the board of selectmen, may appoint and remove members to such advisory committees as the first selectman may wish to establish to assist in carrying out the duties and responsibilities of his or her office.  Such committees shall be subject to the provisions of section 5-12 of this Charter and shall serve without compensation, and their authority shall be limited to assembling information and making recommendations, within the limits prescribed by the board. (12)

Section 8-5.  Emergencies.

        In the event that the first selectman shall find that a state of emergency exists within the town, requiring immediate action to protect the health, safety and general welfare of the citizens, he or she may declare that such a state of emergency exists, publish such declaration by the most effective means available, and take such action as shall be in the best interest of the town; provided, that the board of selectmen shall meet as soon as possible to ratify such action and to take such further action as may be necessary.

        A state of emergency shall terminate when so voted by the board of selectmen or declared, in writing, by the first selectman or by vote of the town meeting.

Section 8-6.  Delegation of duties.

        To assist in the discharge of the duties and responsibilities of the office and of the board of selectmen, the first selectman may assign and delegate duties to other members of the board of selectmen and to officials responsible to the first selectman, except as to such powers and duties which may not under the General Statutes be delegated.  Such assignments and delegations, if permanent, shall be made public knowledge through the posting on the town bulletin board, and shall be made known to any town agency affected.

ARTICLE IX. ADMINISTRATIVE OFFICES, AGENCIES AND EMPLOYEES

Section 9-1.  Administrative offices and departments.

        There shall be the following administrative offices and departments for the town:  Assessor, building official, canine control officer, constables, controller, director of civil preparedness, fire department, fire marshals, health department, public services department, social services department, town attorney and tree warden.

        The board of selectmen may recommend to the town meeting, pursuant to provisions of section 3-13 of this Charter, the creation of such additional administrative offices and departments as it from time to time may deem appropriate and necessary to the best interest of the town.

Section 9-2.  Appointments and eligibility.

        Administrative officers and department heads shall be appointed in the manner as provided.  Appointees of the first selectman shall be appointed and may be removed in accordance with provisions of section 8-4 of this Charter.  Except as provided in this Charter or by vote of the town meeting, no administrative officer or department head shall serve as a voting member on any regular town board during the term of office, and any such officer or department head elected to public office in the town shall, upon such election, forfeit the position to which the appointment had been made.

Section 9-3.  Vacancies.

        Any vacancy in an appointive office, from whatever cause arising, shall be filled by the appointing authority to such office.  Persons appointed to fill vacancies in said administrative offices shall serve for the unexpired term vacated if such office has a fixed term, or shall serve for an indefinite term in the event no fixed term is provided for such office.

Section 9-4.  Assessor.

        An assessor shall be appointed by the first selectman with the approval of the board of selectmen for a term not to exceed five (5) years.

        The assessor shall be qualified by training and experience, and shall have been certified as a qualified tax assessor by the State of Connecticut.

Section 9-5.  Building official.

        A building official shall be appointed by the first selectman with the approval of the board of selectmen for a four-year term ending October l.

        The building official shall be qualified in accordance with the state building code and the General Statutes.

Section 9-6.  Canine control officer.

        A canine control officer shall be appointed by the chief of police in accordance with guidelines established by the board of police commissioners for a term of at least one (1) year.

        The canine control officer shall have the duties and powers prescribed by law.

Section 9-7.  Constables.

        The first selectman, with the approval of the board of selectmen, shall appoint and may remove or replace the constables, whose total number shall not exceed seven (7) for a two-year term.  No more than five (5) constables shall be from any one political party.  The terms of office of such constables shall begin on the second Tuesday of December following the regular town election.

Section 9-8.  Controller

        A controller shall be appointed by the first selectman, with the approval of the board of selectmen, for an indefinite term.

        The controller shall be qualified by training and experience in public or private finance.  The controller shall submit a monthly financial statement showing the amount of each appropriation and any transfers, encumbrances and expenditures therefrom to the board of selectmen and the board of finance, and shall have such other powers and duties as prescribed by town ordinance.

Section 9-9.  Director of civil preparedness.

        The first selectman, with the approval of the board of selectmen, shall appoint a director of civil preparedness who shall serve for a one-year term to July l, subject to the provisions of the General Statutes, Title 28.

Section 9-10.  Fire department.

        The fire department shall be responsible for the protection of life and property from fire and for the enforcement of all laws, ordinances and regulations relating to fire prevention and fire safety.  There shall be a chief of the department who shall be appointed by the board of selectmen.  The board of selectmen shall establish such rules and regulations, and appoint other officers as may be necessary for the operation of the department.

Section 9-11.  Fire marshals.

        The board of selectmen shall appoint a fire marshal and such deputy fire marshals as may be necessary, who shall be certified by the state fire marshal as being qualified for the duties of this office, in accordance with Section 29-45a of the General Statutes.  The fire marshal shall have the powers and duties prescribed by law.

Section 9-12.  Health Department.

        The first selectman, with the approval of the board of selectmen, shall appoint in accordance with the provisions of Section 19-75 of the General Statutes, as amended, a director of health.  The director of health shall meet the qualifications of the state public health council, and shall have all the powers and duties of that office imposed and conferred by law.

        The director of health shall serve for a four-year term expiring January l.

        Upon the recommendation of the director of health, the first selectman, with the approval of the board of selectmen, shall appoint a sanitarian for an indefinite term.

Section 9-13.  Public services department.

        The first selectman with the approval of the board of selectmen shall appoint a director of the public services department who shall be responsible for the highway department, the solid waste operation, and the maintenance of all town equipment and town buildings as assigned.  The director shall serve for an indefinite term.

        The director of public services shall appoint and may remove all deputies, assistants or employees in the department, and in so doing shall be subject to such rules and regulations concerning town employees as may be adopted by the board of selectmen. (4)

Section 9-14.  Social services department.

        The first selectman, with the approval of the board of selectmen, shall appoint a director of social services for a term of one year, expiring January l, who shall have such powers and duties as prescribed by law.

Section 9-15.  Town attorney.

        The first selectman, with the approval of the board of selectmen, shall appoint a town attorney or firm of attorneys to represent the town for a term of one year, expiring January l.  Said town attorney shall be an experienced attorney-at-law admitted to practice law in this state.

        The town attorney shall furnish such legal services to the town, its officers and agencies as the board of selectmen may authorize, and shall be the legal advisor to such town officers or agencies in all matters affecting the town, and shall, upon written request, provide a written opinion on any question of law within a reasonable period of time.  The board of selectmen may provide for the temporary employment of counsel other than or in addition to the town attorney.

        It shall be the responsibility of the board of selectmen to insure that town boards and commissions have access to such legal services as are required for the proper interpretation and enforcement of the laws they administer.  For such purposes, boards and commissions, within the limits of their appropriations, and with the approval of the board of selectmen, may employ specialized legal counsel.

Section 9-16.  Tree Warden.

        The first selectman, with approval of the board of selectmen, shall appoint a tree warden, who shall serve a term of one year expiring January l.  The tree warden shall have the powers and duties prescribed by law.

ARTICLE X. FINANCE AND TAXATION

Section 10-1.  Board of finance; organization and procedure.

        Members of the board of finance shall be elected in accordance with Article V of this Charter.

        The board shall establish a schedule of regular meetings to be not less than ten (10) in any calendar year, and cause such schedule to be posted in the office of the town clerk.

        Meetings of the board shall be open to the public.  When meetings other than those regular meetings scheduled above are to be held, notice of such special meetings shall be posted in the Town Hall and notification shall be as required in the General Statutes, and shall also be given to those town agencies specifically affected by such meetings.  Decisions of the board shall be made by a majority of those present.  No less than three (3) members shall constitute a quorum.

        The board of finance shall have its own budget which shall include a clerk of the board of finance who shall keep a record of all notes and minutes and shall be custodian of all appropriate documents of the board and shall include an appropriation for the purpose of retaining a certified public accountant or a firm of certified public accountants to audit the town books as required by the General Statutes, and for the publication of the annual town report.

        After the annual audit by an independent public accountant as provided by the General Statutes, the certification of such public accountant as to the scope of the audit shall be included in the town's annual report.  Copies of the auditors comments and recommendations shall be made available to the public at town hall and the town library. (4) (7) (12)

Section l0-2.  General powers and duties of the board of finance.

        The board of finance shall have all powers and duties provided by this Charter and by the General Statutes.  It shall be the chief financial and budget-making authority of the town with a primary responsibility of establishing and maintaining the town in a sound overall financial condition.  It shall do this by considering financial aspects of municipal government as a whole rather than from the limited viewpoint of any particular agency, and to insure, as far as feasible, the payment of the municipality's current debts out of current income. (7)

Section l0-3.  Powers and duties of the board of finance in connection with the preparation of the budget for the coming fiscal year, and levying of taxes.

        The board of finance shall receive from the board of selectmen and the board of education their respective proposed budgets in sufficient time for publication at least ten (10) days prior to a public hearing on the last Monday in March.  The budgets shall be prepared in such manner as the board of finance shall prescribe.  The individual budget requests of each agency shall be signed by the chair or principal official and submitted to the board of selectmen and board of finance.  The board of selectmen shall include  its recommendations including increases and decreases in its requests to the board of finance.

        The board of finance shall hold a public hearing on the proposed budget on the last Monday in March.  Printed copies of the proposed budget shall be available at the office of the town clerk and at such other locations as the board may prescribe, forty-eight (48) hours in advance of said hearing, and shall be published in a newspaper having a general circulation in the town at least seven (7) days prior to the hearing.  Those wishing changes to the budget as proposed by the board of selectmen and the board of education shall communicate their views at the public hearing.

        After the public hearing, the board of finance shall meet to consider budget requests against projected revenues and the overall financial condition of the town.  The board's objective in these considerations is prudent management of the overall fiscal situation and not how or where specific amounts are budgeted.  Therefore, any changes made to the budget requests by the board of finance shall be limited to total amounts at department, board, commission or agency level and shall not address specific items.  The board of finance shall vote to recommend a budget and mill rate to the annual town and budget meeting.

        The final budget as proposed by the board of finance shall be presented for adoption at the annual town and budget meeting held on the first Monday of May.  Copies of the final proposed budget shall be available ten (10) days before such meeting at the office of the town clerk and elsewhere as the board of finance may prescribe, and shall be published in a newspaper having general circulation in the town at least seven (7) days prior to the meeting.  The meeting shall have the power to decrease or delete any line item, but it may not increase or add to any line item or establish any additional line item. (13)

        In the event that the town meeting shall fail to pass the budget, the board of finance shall meet and, upon due deliberation, publish a recommended budget to be considered at the next town meeting called for that purpose within three (3) weeks after the annual town budget meeting.  Subsequent town meetings shall be called until budget is passed, and should a budget not be passed by July l, the town shall operate under the budget authorization of the previous fiscal year until a new budget is passed.

        The budget may be brought to referendum by a petition signed by those entitled to vote at the annual town budget meeting.  Said petition shall be presented to the town clerk no later than twenty-four (24) hours before said meeting for validation of signatures.  The total number of signatures required on said petition shall be five (5) per cent of the total number of electors as determined by the last completed registry of the town.  The town clerk shall present the petition to the town meeting which shall set the date for the referendum in accordance with General Statutes.  Should multiple petitions be presented, the order of precedence shall be:  First, petitions addressing individual line items and then second (if presented), a petition addressing the total budget as amended by the result of voting on the various individual line item petitions.

        If the budget is upheld at the referendum, the town meeting shall reconvene to set the mill rate, but in no event shall a vote be allowed to supersede the results of the referendum.  If the total budget is rejected, the board of finance shall meet and upon due deliberation publish a recommended budget to be considered at the next town meeting called for that purpose within three (3) weeks after said referendum.  Subsequent town meetings shall be called until a budget is passed, and should a budget not be passed by July l, the town shall operate under the budget authorization of the previous fiscal year until a new budget is passed.  If individual line items are rejected at the referendum, the board of finance may meet and upon due deliberation request an additional appropriation for some or all of the line items so rejected which will be considered at a town meeting called for that purpose within three (3) weeks of the referendum.

        When the budget is approved, the board of finance shall make it available to town agencies and the public through the office of the town clerk.  

Section 10-4.  Powers and duties of the board of finance with respect to the management and monitoring of the budget for the current fiscal year.

        The board of finance shall receive monthly financial statements from the controller and from the superintendent of schools.  The board of finance shall conduct a quarterly review for the purpose of determining that the budget is proceeding according to plan.

        In the event that a town agency determines that it requires an additional appropriation, the agency shall seek the endorsement of the Board of Selectmen in writing of the sum needed.  Within fifteen (15) days thereafter, any endorsed request shall be forwarded by the Board of Selectmen to the Board of Finance for final action. (11)

        In the event that the board of education determines that it requires an additional appropriation, it shall request of the board of finance in writing the sum needed and the reasons therefor.

        The board of finance shall consider and act upon such requests not more than fifteen (15) days after it is in receipt thereof, and shall inform the requesting agency and the board of selectmen in writing of the action taken and the reason therefor.

        The board of finance may, in any fiscal year, without vote of town meeting, provide any single requesting agency with a special appropriation from general fund unreserved-undesignated fund balance a sum not to exceed twenty thousand dollars ($20,000) cumulative.   The board of finance may not, without vote of a town meeting, provide any additional appropriations from general fund unreserved-undesignated fund balance that will cause the total of additional  appropriations to exceed the sum of one hundred thousand dollars ($100,000) in aggregate to all requesting agencies in any fiscal year.

        All other special appropriations other than those from general fund unreserved-undesignated fund balance in accordance with this charter may be made only by a vote of the town meeting on recommendation of the board of finance.  All special appropriations in excess of three million dollars (($3,000,000) shall, after public hearing, be taken to referendum without call to town meeting.

        An appropriation or transfer of unexpended capital project balances and payment into an appropriation from the capital reserve fund for capital and non recurring expenditures, requiring a town meeting approval in accordance with this Charter, may be decreased by a town meeting, but may not be increased.  A town meeting may make no special appropriation or transfer of funds not recommended by the board of finance.

        The town maintains a capital reserve fund for capital projects and nonrecurring expenditures in accordance with the general statutes, any payment into or appropriation from the capital reserve fund shall be made only upon the recommendation of the board of finance and approval of the town meeting.

        The provisions of this section shall not be a limitation on the power of the town to issue bonds or other obligations for appropriations or indebtedness in accordance with the General Statutes and this Charter. (6)

        Transfers between town agencies (except the board of education) may only be approved by the board of finance upon the request of the board of selectmen. Transfers within a town agencys budget (except the board of education) requires approval from the board of selectmen only. (11)(13)

Section 10-5.  Expenditures and accounting.

        The fiscal year of the town shall begin on July l and end on June 30 of the following calendar year.

        The system of accounts used by town agencies shall be that prescribed by the General Statutes, as supplemented by regulations of the board of finance.

        The regulations of the board of finance shall also approve the form and procedures for orders to be drawn on the treasurer by the board of selectmen.

        All officers, boards, commissions and committees shall comply with the regulations of the board of finance required by this section.  Such regulations shall be adopted and may be amended by vote of the board of finance and shall not be inconsistent with this Charter and the General Statutes.

        All budget agencies shall submit within ninety (90) days after the end of the fiscal year a summary report of their activities and accomplishments.  The board of finance shall incorporate this information in the published annual town report.  Said report shall be made available prior to the annual town budget meeting.

        No purchase shall be made by any office or agency of the town, other than the board of education, except through the first selectman, and such purchases shall be made under such rules and regulations as may be established by the board of selectmen with the approval of the board of finance.  The board of education shall establish appropriate rules and regulations for such purchases.

        The several offices or agencies of the town shall not involve the town in obligations to spend money for any purpose in excess of the amount appropriated therefor.

        The board of finance may have access at all reasonable times to the records and books of account of the town agencies.

        Every appropriation, except an appropriation for the capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered.  An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if, at the end of the third succeeding fiscal year, there has been no disbursement from or encumbrance of the appropriation. (7)

Section 10-6.  Bonds and notes.

        Issuance of bonds and notes shall require approval by a town meeting, except notes in anticipation of taxes or other short-term notes, which notes are to be paid within the fiscal year in which issued.

Section 10-7.  Powers and duties of the board of finance in connection with the development of long-range       financial planning.

        The board of finance may initiate joint meetings with the board of selectmen for the purpose of discussions on long-range financial planning.

        The board of finance may require all town agencies dependent on the town budget for any portion of their income to submit estimates for future spending.  Such estimates shall be for the fiscal years three (3) years ahead of the current fiscal year and shall be the best estimates of the present town agency.  Said estimates shall be submitted as the board of finance shall dictate as a part of the preliminary budget.

ARTICLE XI. STANDARDS OF CONDUCT

Section 11-1.  Declaration of purpose.

        The proper operation of democratic government requires that public officials, employees and other persons involved in government be independent, impartial and responsible to the people; that public office not be used for any personal gain; and that the public have confidence in the integrity of its government.  Public interest must be the primary concern of those who are included within the scope of these standards.  In recognition of these goals these standards of conduct are incorporated into this Charter of the Town of Ridgefield.

        Those persons, hereinafter referred to as "officials" and/or "employees" bound by these standards are as follows:

        Elected or appointed officials of the town, and its boards and commissions, either paid or unpaid (voluntary).

        Employees of the town and of all boards, commissions, committees and authorities, including the board of education.

        Organizations or persons that provide town-sponsored services to the public. (4)

Section 11-2.  Standards of service.

        Officials and employees have a special responsibility by virtue of the trust invested in them by the town's residents to discharge their duties conscientiously, impartially and to the best of their ability, placing the good of the town above any personal or partisan considerations.

        Officials and employees have an obligation to act ethically and honestly in discharging all assigned responsibilities, and to make continuing efforts toward attaining and maintaining high standards of performance.

        Individuals who consent to serve on town boards or commissions are expected to devote the necessary time and effort to these commitments.

        No official or employee shall use, or attempt to use, either directly or indirectly, his or her town position to secure any preferential right, benefit, advantage or privilege for himself or herself or others.

        Should an official or employee be requested or ordered to perform an illegal act or an act that conflicts with these standards that individual should be guided by standards of ethics rather than by standards of expediency, and should refuse to comply with such a request or order.  This principle is not to be construed as encouraging arbitrary or capricious nonconformity with job assignments, but to insure that all officials and employees recognize that the responsibility for ethical conduct ultimately rests with each individual.

Section ll-3.  The use of town resources.

        Officials and employees often have access to vehicles, equipment, supplies, property, labor and other town resources in connection with the conduct of their official business.  Since there may be instances where the distinction between the use of resources for official purposes and for personal convenience or advantage may be ambiguous, it is incumbent upon all such individuals to make absolutely certain that there be no misuse of public property.

        Town or board of education owned vehicles, equipment, supplies, property, labor and other town resources will be used only for the conduct of official business, except when such resources are available to the public generally or are provided for in a publicly disclosed contractual agreement.

        Town property or resources which are legitimately placed in the trust of an official or employee will be preserved and cared for to the best of his or her ability.

        Requests for town reimbursement for travel, lodgings or any other expenses incurred in connection with nonofficial business or for family members of officials or employees or others who are not on official business represents a breach of ethical behavior. (4)

Section 11-4.  Treatment of the public.

        Officials must bear in mind their role as public servants.  Everyone deserves to be treated courteously, impartially and fairly, and is entitled to all of the benefits and services available to each and every other individual, but without preferential treatment.

        Officials and employees will make every reasonable effort to inform the public of its rights to town services.

        Should an official or employee be requested by the public to perform an unethical act it must be declined with proper explanation.

        While this section deals with the treatment of the public by officials and employees, the relationship between the former and the latter is recognized to be a two-way interaction.  It is therefore urged that the public also conduct itself with the same propriety expected of town officials and employees.

Section ll-5.  Conflict of interest.

        Officials and employees often have occupations, professions, businesses, or have financial or personal interests, that relate to or interface with town operation and government.  It is expected that officials and employees will be acutely sensitive to possible conflict of interest issues, and that they will conduct themselves in a manner that will avoid any conflicts of interest.

        Officials and employees shall not use their office or town employment, or special knowledge about town affairs obtained in connection with their office or position in town, to procure contracts with the town.  Also, they shall not disseminate this information to another person for personal advantage unless this information is available to the general public.

        Officials and employees shall not offer or render preferential treatment to others on the basis of family ties, financial interests, friendships or political consideration.

        Officials and employees shall refrain from attempting to influence anyone concerning the awarding of town contracts on the basis of their business, family or political relationship with any of the individuals involved.

        No employee of the town other than the first selectman shall serve on a board, commission or other town body that deliberates and/or makes decisions directly or indirectly affecting that employee's remuneration or working conditions.

        An official or employee who has any financial or other private interest in any official action under consideration shall either:

        (1)  Disqualify himself or herself from participating in the deliberation and decision-making thereupon; or

        (2)  Disclose on the record the nature and extent of such interest and seek a ruling as follows:  The governing town official, board or commission involved shall then rule or vote on the official's or employee's right to:

               (a)  Participate in discussion of the issue;

               (b)  Right to vote on the issue.

        Violation of these provisions with the knowledge express or implied of any person or corporation contracting with or making a sale to the town shall render such contract or sale voidable by the board, commission or agency having jurisdiction. (4)

Section ll-6.  Disclosure of confidential information.

        Because of their position in town administration, officials and employees have access to information that may not be in the public domain.  Confidential information is any information not in the public record and which is obtained only by reason of an official's or employee's position.

        No official or employee shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information or divulge personal matters pertaining to others that do not bear upon the official's or employee's discharge of official duties.

        Whether or not it shall involve disclosure, no official or employee shall use or permit the use of confidential information to advance his or her financial or personal interest or to advance or to damage the financial or personal interest of any other person.

Section 11-7.  Gifts, gratuities, and favors.

        Officials and employees shall not accept gifts, loans or privileges offered them because of their positions in town in the expectation of influencing their actions or decisions.  

        It is unethical for an official or employee to give preferential treatment in response to gifts, loans or privileges offered to family or business associates.

        These principles do not preclude the acceptance of gifts at the time of retirement or at public occasions held to honor an official or employee.  The public honoring of an individual makes gifts appropriate and acceptable.

        If it is impossible or inappropriate to refuse a gift or offering, then it shall be turned over to an appropriate public or charitable institution.

        The courtesies that are associated with normal daily business routine are not disallowed.

Section 11-8.  Employment incompatible with town duties.

        Officials and employees have a responsibility to perform their duties unencumbered by conflicting demands placed upon them by virtue of their commitment to any other employment.

        No official or employee shall engage in or accept private or other public employment or render services for private interests when such employment or services are incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of town duties.

        Officials and employees shall disqualify themselves from or obtain a ruling (see section ll-5) on all discussions, attempts at influencing the views of others, and any other issue in which their employment may conflict with the town office or position held.

Section 11-9.  Board of Ethics.

        The standards of conduct set forth in Article XI shall be administered by the board of ethics pursuant to Section 7-148h of the Connecticut General Statutes.  Members of the Board of Ethics shall meet in January of each year to elect a chairperson and a secretary.

        Initially, the board shall adopt reasonable rules and regulations consistent with the intent of Article XI within 90 days of taking office.  The Board shall file the full text of its proposed rules and regulations with the town clerk and the first selectman fifteen (15) days prior to a public hearing.  The date, time, place and general purpose of the public hearing shall be published in a newspaper having general circulation in the town at least seven (7) days prior to the hearing.  After due consideration of input from the public hearing the board shall adopt final rules and regulations which shall become effective on the date the full text of the rules and regulations is filed with the town clerk.  Subsequently, the board shall consider any changes to its rules and regulations at the beginning of each year and shall adopt the changes after a public hearing within 60 days.

        All complaints to the Board of violations of the standards of conduct set forth in Article XI shall be in writing, signed by the complainant and notarized.  Hypothetical situations and anonymous complaints shall not be addressed.  The board shall investigate the pertinent facts stated in the complaint to determine whether or not there is probable cause that a violation of Article XI has occurred.  The board may hold hearings regarding the complaint; however the board shall hold a hearing if requested by the person whose conduct is being investigated.  Any such investigation shall be concluded within sixty (60) days of receipt of the complaint.  Any investigation shall be confidential and any individual called by the board for the purpose of providing information shall not disclose his/her knowledge of the investigation to a third party unless the officer or employee whose conduct is under investigation requests that the investigation be made public.  The officer or employee under investigation shall have the right to appear and be heard and to offer any information intended to establish that he/she has not violated any provi