“While a stunning first impression is not the same thing as love at first sight, it surely is an invitation to consider the matter.” (Anonymous)

Welcome to Marlborough’s newly updated website! Hopefully, you’ll find it reflects the true personality of our town while providing all the important local information. We hope it will be a place you’ll want to visit often.

Index  
Chapter I   Chapter II   Chapter III  Chapter IV  
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER VIII    MISCELLANEOUS PROVISIONS

SECTION 8.1 TRANSFER OF POWERS

Any office, board, commission or agency, hereafter referred to as office, which is operational at the time that this Charter shall take effect and shall be abolished by this Charter, shall continue in the performance of its duties until provisions have been made for the discontinuance of such offices and until the Town Clerk has notified the member(s) of such offices that successors have been qualified. The powers conferred on and duties imposed upon any office that is abolished by this Charter shall be transferred to the office performing like functions, powers and duties under the provisions of this Charter.  Should the Board of Finance be abolished, all the powers conferred on and duties imposed upon this Board under the CGS, Charter or Ordinance, and in force at the time this Charter takes effect, shall be exercised and discharged by the Selectmen unless otherwise provided in this Charter.

SECTION 8.2 TRANSFER OF RECORDS AND PROPERTY

All records, property and equipment of any office or part thereof all the powers and duties which are assigned to any other office by this Charter shall be transferred and delivered intact to the office to which such powers and duties are so assigned.  If part of the powers and duties or any office or part thereof are by this Charter assigned to another office all records, property and equipment relating exclusively thereto shall be transferred and delivered intact to the office which such powers and duties are so assigned.

SECTION 8.3 LEGAL PROCEEDINGS

No action or proceeding, civil or criminal, pending on the effective date of this Charter, brought by or against the Town or any office thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office party thereto may be or under this Charter be assigned or transferred to another office, but in that event the same may be prosecuted or defended by the head of the office to which such functions, powers and duties have been assigned or transferred by or under this Charter.

SECTION 8.4 AMENDMENT OF CHARTER

This Charter may be amended in the manner prescribed by the Connecticut General Statutes. The Board of Selectmen shall cause the Charter to be reviewed at least once every ten (10) years in the manner prescribed by the Connecticut General Statutes. The ten-year period shall commence on the date the immediately preceding Charter Review Commission files its final report with the Board of Selectmen.

SECTION 8.5  SAVING CLAUSE

If any Section or part of any Section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which said Section or part thereof so held invalid may appear, except to the extent that an entire Section or part of a Section may be inseparably connected in meaning and effect with the Section or part of a Section to which such holding shall directly apply.

SECTION 8.6  EFFECTIVE DATE

This Charter shall become effective November 6, 1985.  Wherever a change in the composition of a board or term of office is called for by this Charter, that change shall be effected by appointment or election, wherever appropriate, but no later than the next regular election affecting said board or office.

SECTION 8.7  LAND USE

Town Meeting approval shall be required before land or buildings owned by the Town shall be dedicated to departmental use or rededicated to a new departmental use. The Selectmen may hold a Public Hearing on this subject and shall make its recommendations along with concurrence from the Planning and Zoning Commissions to a Town Meeting before the Town land is committed to use.   All reports concerning such proposed use shall be available to the public at the office of the Town Clerk at least fourteen (14) days prior to the Town Meeting.

SECTION 8.8 CODIFICATION AND RECODIFICATION OF ORDINANCES

As soon as practicable after the adoption of this Charter there shall be prepared by a committee to be appointed by the Selectmen a codification of all Ordinances in force eliminating all obsolete and conflicting provisions.  Said codification shall be passed by the Town Meeting as a single Ordinance and without prior publication.  Upon its passage, it shall be published in such form and made available at such price as may be determined by the Town Meeting.  A similar recodification shall be prepared, passed and published periodically at the direction of the Selectmen but not less frequently than every ten (10) years.

SECTION 8.9 OFFICIAL BONDS

Authority is given to the Selectmen for the purpose of a blanket bond or individual bonds conditional upon honesty and good or faithful performance of official duties of those officials designated by Ordinance to post a Surety Company Bond.  Premiums for any official bonds shall be borne by the Town.

SECTION 8.10 TERMINOLOGY

Wherever appropriate in this Charter, masculine terms shall be read as the feminine or neuter equivalent, singular terms as the plural equivalent, and vise verse, all as the sense may require.

Amendments to the Marlborough Town Charter were published in full in the HARTFORD COURANT a newspaper having circulation in the Town of Marlborough on the 27th day of August, 1985. The question of approval or disapproval by the electorate on the voting machines was approved on November 5, 1985 at the municipal election.

BOARD OF SELECTMEN

Anthony J. Maiorano, First Selectman

Douglas H. Secord, Selectman

William V. Black, Selectman

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER Vll    THE TOWN MEETING

SECTION 7.1 COMPOSITION

7.1.1. LEGISLATIVE POWERS

The legislative powers of the Town shall be vested in the Town Meeting and in the Board or Selectmen as specified in Section 3.3 through 3.6 and Chapter 4 of this Charter.

7.1.2 PERSONS QUALIFIED TO VOTE

Persons qualified to vote in the Annual and Special Town Meeting shall be electors of the Town or property owners with qualifications provided by the CGS.

SECTION 7.2 ANNUAL TOWN MEETING

The Annual Town Meeting shall be held on the first Monday in May for action on the proposed Annual Town Budget, and other business duly warned for the meeting. The Annual Town Meeting is also known as the Annual Budget Meeting.

SECTION 7.3 SPECIAL TOWN MEETING

Special Town Meetings shall be called by the Selectmen in accordance with the CGS. These meetings shall be called for the following purposes:

 (f) Act on a recommendation to sell real estate used or reserved for Town purposes. Approvals from the Board of Finance, the Planning Commission and the Inland Wetlands Agency are required before consideration of this action;

(9) Act on codification of Ordinances per Section 8.8;

(h) Act on any proposal deemed of sufficient importance.

SECTION 7.4  TOWN MEETING PROCEDURE

All Town Meetings shall be called to order by the First Selectman or his delegate. A moderator shall be elected and all business conducted shall be in accordance with Roberts' Rules of Order, as amended, and with the provisions of Chapter 90 of the CGS. The Town Clerk shall serve as Clerk of all Town Meetings.  In the absence of the Town Clerk, an acting clerk may be designated by the Town Meeting.

SECTION 7.5 TOWN MEETING TO AUTHORIZE REFERENDUMS

A Town Meeting shall be required to authorize a referendum.

7.5.1 SPECIAL APPROPRIATIONS

In those situations provided by Section 6.12 of the Charter that require a referendum, the moderator of the Special Town Meeting shall, after reasonable discussion of the issue, adjourn the meeting to reconvene at a time specified in CGS concerning referendums.  At such adjourned session, such appropriation shall be submitted to persons qualified to vote in Town Meetings for a "yes" or "no" vote on the voting machines. The polls shall be open in accordance with Section 7-7 of the CGS. After the polls are closed, the moderator shall cause the vote to be counted and the appropriation shall, if approved, be deemed adopted by the Town Meeting.

7.5.2 PETITION FOR REFERENDUM

Two hundred (200) persons qualified to vote in a Town Meeting may petition over their signatures for any item on the call of a Town Meeting to be voted on in referendum, except for the Annual Budget. The procedure shall be in accordance with Section 7-7 of the CGS.

SECTION 7.6 PETITION FOR OVERRULE OF ORDINANCES

All Ordinances, except Emergency Ordinances, shall be subject to overrule by a Town Meeting.  All resolutions or votes of the Selectmen excluding the internal procedure of the Selectmen, shall be subject to overrule by a Town Meeting.  The procedure required to overrule is as follows.

7.6.1 TIME LIMIT

Within thirty (30) days after the publication of any Ordinance or the making of such resolution or taking of such vote, a petition signed by not less than two hundred (200) persons qualified to vote in a Town Meeting is filed with the Town Clerk requesting that the item be put to a Town Meeting. The effective date of such Ordinance, resolution or vote shall then be suspended.

7.6.2 TOWN MEETING

The Selectmen shall fix the time and place of such Town Meeting, which shall be held within twenty-one (21) days after the filing of the petition.  Notice thereof shall be given by publication in full of the Ordinance, resolution, or vote and shall indicate that a "yes" vote shall be required to overrule such action.

7.6.3 EFFECTIVE DATE

Such Ordinance, resolution, or vote so referred shall take effect immediately or on a subsequent date provided by Section 3.5.4 unless a majority of those thereon shall have voted in favor of overruling.

SECTION 7.7 PETITION FOR SPECIAL TOWN MEETING

7.7.1  PETITION

Two hundred (200) persons qualified to vote in a Town Meeting may at any time petition over their signatures on a form provided by the Town Clerk for the enactment of any proposed lawful Ordinance, overrule of action taken by the Board of Finance under Section 6.6.2, or other action by filing such petition, including the complete text of such Ordinance of, other proposed action, with the Town Clerk.

7.7.2  REVIEW OF PROPOSED ORDINANCE

Any such proposed Ordinance or other action shall be examined by the Town Counsel before being submitted to a Special Town Meeting.  The Town Counsel is authorized to correct the form of such Ordinance or other action for the purpose of avoiding repetitions, illegalities and unconstitutional provisions, but not materially changing its meaning and effect.

7.7.3 TIME LIMIT

The Selectmen shall call a Special Town Meeting to be held not less than ten (10) nor more than thirty (30) days from the date of such filing.

7.7.4 CONTENT OF CALL

The call for such Town Meeting shall state the proposed Ordinance or other action in full and shall provide for a "yes" or "no" vote as to its enactment.

7.7.5 EFFECTIVE DATE

If the majority of those voting shall vote "yes" then such Ordinance or other action shall take effect on the tenth (10th) thereafter.  Such a majority must equal or exceed five (5) percent of the eligible electors of the Town, as determined by the last completed registry list of the Town.

7.7.6 FAILURE TO ACT

In the event the Selectmen do not act on the petition within twenty-one (21) days of receipt of the petition, the petitioners may request in writing to the Town Clerk to call a Town Meeting to act on the petition within the time limit set forth in Section 7.7.3.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER Vl    FINANCE AND TAXATION

SECTION 6.1 FISCAL YEAR

The Fiscal Year of the Town shall begin July 1 and end on June 30 of the following calendar year.

SECTION 6.2 BOARD OF FINANCE

6.2.1 ORGANIZATION

The Board of Finance shall meet within fourteen (14) days after taking office per Section 2.2.3 for organizational purposes. The Board shall elect from its membership a chairman, vice‑chairman and a clerk. A regular meeting schedule and a procedure for calling special meetings shall be established.  Any other business of an organizational nature may be accomplished four (4) members shall constitute a quorum. Four (4) members voting affirmatively shall be required to transact business except to adjourn or set a meeting date and time.  Minutes of all meetings shall be recorded and filed in accordance with Section 1-19 of the CGS.

6.2.2 POWERS AND DUTIES

The Board of Finance shall have those powers and duties expressly provided by this Charter arid those provided in the CGS not in conflict with this Charter.

6.2.3 COMPENSATION

The members of the Board of Finance shall serve without compensation.  Expenses incurred by the members in the performance of their duties may be reimbursed from an appropriation authorized for that purpose.

6.2.4 HOLDING OTHER OFFICE

No member of the Board of Finance shall hold any other office of the Town Government, elected or appointed.

SECTION 6.3 ANNUAL AUDIT

The Board of Finance annually shall designate an independent public accountant or a firm of independent public accountants to audit the books and accounts of the Town as required in the CGS.  Any recommendations made by the auditor for the improvement of the Town's system of internal accounting controls and/or record keeping shall not become effective until reviewed with the Treasurer and approved by the Selectmen.

SECTION 6.4 TREASURER

The Treasurer shall receive all monies belonging to the Town and disburse monies on the order of the proper authority. He shall keep accurate records required by the CGS.  He shall have the powers and duties provided in this Charter, as well as the CGS.  He shall perform the duties prescribed in Section 3.4.16.  The Treasurer shall execute any financing provisions required and authorized in the approval of any appropriation provided in Section 6.66.86.9 and 6.12.

SECTION 6.5 PREPARATION OF THE BUDGET

6.5.1 PRELIMINARY BUDGET ESTIMATES

It shall be the duty of the Selectmen to compile the preliminary estimates for the proposed Annual Budget. At least 90 days before the Annual Budget Meeting, the head of each office, board, commission or agency of the Town, except the Board of Education, hereafter referred to as "office," supported wholly or in part from Town funds 'or for which a specific appropriation is made, shall submit to the Selectmen in a prescribed format a detailed estimate of the revenues and expenditures applicable to this office in the next fiscal year. Although these estimates may nor have formal documentation, related approvals or commitments at this time, sufficient information shall be presented with the estimates or proposals. Any office shall be entitled to be beard by the Selectmen with respect to such estimates submitted.

6.5.2 DUTIES OF THE BOARD OF SELECTMEN ON BUDGET

Duties of the Board of Selectmen on budget. The Selectmen shall prepare a proposed budget consisting of itemized:

(a) Estimates of revenue to be collected or received in the next fiscal year;
(b) Expenditures for each office for the last completed fiscal year;
(c) Expenditures for each office as estimated for the current fiscal year:
(d) Requests of each office for the next fiscal year and the recommendations of the Seleconen on these requests;
(e) Capital requests from the financial plan per Section 3.3.7

At least 60 days before the Annual Budget Meeting, the Selectmen shall present in a prescribed format the proposed budget to the Board of Finance.

6.5.3 DUTIES OF THE BOARD OF EDUCATION ON BUDGET

At least sixty (60) days before the Annual Budget Meeting, the Chairman of the Board of Education shall present to the Board of Finance an itemized estimate of the proposed public school budget and of all educational revenue other than Town appropriations to be received and used toward educational expenses during the next Fiscal Year. The recommended final budget shall be submitted by the Board or Education thirty (30) days before the Annual Budget Meeting.

6.5.4 DUTIES OF THE BOARD OF FINANCE ON BUDGET

After reviewing the budgets presented by the Boards of Selectmen and Education, the Board of Finance shall prepare a proposed Annual Budget for presentation to a Public Hearing. The Board of Finance may require any office to meet with it to explain requests for funds.  Any office shall be entitled to be heard by the Board of Finance with respect to it’s proposed estimated expenditure when the Board intends to recommend a revised estimate of expenditures for that office.

6.5.5 PUBLIC HEARING ON THE PROPOSED ANNUAL BUDGET

At least fourteen (14) days before the Annual Budget Meeting, the Board of Finance shall hold its final Public Hearing on the proposed Annual Budget. The following itemized information shall be presented:

(a) A statement of actual receipts from all sources during the last Fiscal Year;

(b) A statement by classification of all actual expenditures during the last Fiscal Year;

(c) An estimate of anticipated revenues during the next Fiscal Year from each source other than from local property taxes and an estimate of the amount which should be raised by local property taxation for the next Fiscal Year;

(d) An estimate of expenditures for the next Fiscal Year;

(e) The amount of revenue surplus or deficit of the Town at the beginning of the Fiscal Year for which estimates are being prepared;

(f) A statement of the actual and anticipated receipts and expenditures through June 30 of the current Fiscal Year;

(g) A statement of the financial resources of the Town including a listing of all indebtedness;

(h) A line entry of the Regional District #8 Board of Education's assessment on the Town for the next Fiscal Year;

(i) An amount in a contingency fund not to exceed two (2) percent of the total estimated expenditure for the current Fiscal Year.  After the hearing (s), the Board of Finance shall then revise the estimate and prepare a proposed Annual Budget for submission to the Annual Budget Meeting.

6.5.6 ANNUAL BUDGET MEETING

The Annual Budget Meeting, which shall also be the Annual Town Meeting, shall be held on the first Monday in May. Sufficient copies of the proposed Annual Budget shall be made available for general distribution in the office of the Town Clerk at least five (5) days prior to the Annual Budget Meeting.

The budget portion of the meeting shall be limited to a presentation of the Town of Marlborough Budget by the Board of Selectmen and Board of Finance with an opportunity for public participation by comments and questions. After reasonable discussion, the moderator shall adjourn the budget portion of the meeting to a referendum on the voting machines. The Annual Town Meeting may consider and act upon additional items which are the proper subject of a town meeting.

6.5.6.1 ANNUAL TOWN BUDGET REFERENDUM

The Annual Town Budget, including budgets for both Town Operations and Local Board of Education, and Capital Improvement Plan Budget shall be acted upon by a machine vote of all those persons qualified to vote in a town meeting by referendum which shall take place on the first Tuesday after the first Monday in May. The referendum shall be conducted from the hours of 6:00 am until 8:00 pm.

At least five (5) days prior to such referendum, the Board of Selectmen shall publish in a newspaper having a general circulation in the town a notice of such referendum, setting forth the date on which, the hours during which, and the location at which the referendum will be held and the text of the question(s) as it will appear on the ballot. The text shall provide for approval/disapproval of the Budget of the Town of Marlborough and shall be as follows:

  1. Shall the budget for the fiscal year July 1, _____ to June 30, ____ as 
    recommended by the Board of Finance, be adopted?
         Yes _______  No ________

Absentee ballots shall be made available in advance to any qualified voter who is unable to present himself/herself at the polling place on the day of the Annual Town Budget Referendum in the manner prescribed by the Office of the Secretary of State.

Approval of the Annual Budget shall constitute appropriation of funds up to the amount authorized, beginning with the next fiscal year starting on July 1. The expenditure of funds from this budget shall be administered by the Selectmen in accordance with Section 3.4.16.

6.5.6.2 REJECTION OF THE PROPOSED ANNUAL BUDGET

Should the budget fail to be approved by a majority of those voting thereon, the Board of Finance shall forthwith revise estimated expenditures, without altering estimates of revenue except for omissions, clerical errors, or revisions of revenue to be received from the state, to arrive at revised spending levels and automatically submit the revised budget to a referendum not later than three (3) weeks following the date the initial budget referendum was defeated.

The Board of Finance shall hold at least one (1) public hearing upon five (5) days legal notice prior to submitting the revised budget for consideration. This process shall be repeated in at least three (3) week succeeding intervals until such time as the budget is adopted.

In the event said budget is not adopted by the third Wednesday in June, business shall be conducted in accordance with Section 7-405 and 12-123 of the General Statutes, as amended.

 

SECTION 6.6 SPECIAL APPROPRIATIONS

Special appropriations are items not listed in the approved Annual Town Budget.

6.6.1 GENERAL REQUESTS

All requests for special appropriations shall be made in writing to the Selectmen. The Selectmen shall make their comments and recommendations and, if appropriate, include the Treasurer's recommendation on financing and present the request to the Board of Finance for action. The Board of Finance shall act on all requests for special appropriations within thirty (30) days and shall file notice of its action together with the reasons for its action with the Town Clerk within five (5) days after it has acted.

6.6.2 APPROPRIATION LIMIT

The Board of Finance may make such special appropriations up to and including ten thousand dollars ($10,000) per department budget in any one Fiscal Year from an approved contingency fund.

6.6.3 REQUEST ABOVE APPROPRIATION LIMIT

All requests for special appropriations over ten thousand dollars ($10,000) shall require a public hearing called by the Board of Finance. After such hearing the Board of Finance shall submit the request with its recommendation, including any financing considerations, to a duly warned Special Town Meeting to be held no later than thirty ( 30) days after receiving such requests.

SECTION 6.7 TRANSFER OF UNEXPENDED FUNDS

The Board of Finance, when requested by the Selectmen, may transfer unexpended balances from one line appropriation to another in accordance with Section 7-347 of the CGS.

6.7.1 TRANSFER LIMITS

The Board of Selectmen may transfer line item amounts up to two thousand dollars ($2,000) within any account except for salary accounts, and shall notify the Board of Finance of such transfer within fourteen (14) days after said transfer.

SECTION 6.8 RESERVE FOR CAPITAL AND NON-RECURRING EXPENDITURE FUND

6.8.1 RESERVE FUND

There shall continue to be a Reserve for Capital and Non-Recurring Expenditure Fund. Upon the recommendation of the Board of Finance and approval of the Town Meeting, there shall be paid into said Fund such amounts as may be:

(a) Authorized to be transferred thereto from the General Fund cash surplus available at the end of any Fiscal Year;

(b) Raised by the annual levy of a tax not to exceed two (2) mills for the benefit of such Fund, and, for no other purpose, such tax to be levied and collected in the same manner and at the same time as the regular annual taxes of the Town;

(c) Surplus cash funds already held in reserve and available for such capital and non-recurring expenditures as are contemplated by the provisions of Section 6.8.2.  All such monies so accumulated together with all interest that may accrue thereon shall be deposited and held in a separate bank account by the Treasurer and shall be used for the purposes of and in a manner prescribed by Section 6.8.2.

6.8.2 QUALIFICATION AS FUND.

The planning, construction, reconstruction, or acquisition of any specific capital improvement or the acquisition of any specific item of equipment of such category, character, or nature as not to be a purpose or object for which an appropriation is customarily made annually, shall qualify as a capital and non-recurring expenditure.  Upon the recommendation of the Board of Finance and approval of the Town Meeting, any part or the whole of such Fund may be used for the financing, in part or in full, of such projects or acquisitions.  Upon the approval of any such project or acquisition, an appropriation shall be set up plainly designated for the specific project or acquisition for which it was authorized and such unexpended appropriation may continue, subject to the limitations of Section 6.8.3 and until such project or acquisition is completed.  Any unexpended portion of such appropriation remaining after such completion shall revert to the Fund.

6.8.3 TERMINATION OF FUNDS

Any appropriation set up pursuant to the provisions of Section 6.8.2 may at any time subsequent to the effective date of such appropriation, upon recommendation of the Board of Finance and approval of a Town Meeting, be terminated.  If no expenditure from or encumbrance of any such appropriation has been made within the period of three (3) fiscal years next succeeding the effective date of such appropriation, such appropriation shall be terminated upon approval of a duIy warned Town Meeting.  The Fiscal Year in which such appropriation was authorized shall be deemed the First Fiscal Year of such three (3) year period.

6.8.4 CONTROL OF FUND

The Board of Finance, the Town Meeting and any Town Officials who may be concerned with the operation of this Fund shall have any and all further powers, as provided in Chapter 108 of the CGS, necessary to implement and administer the operation of this Fund and not specifically granted herein.

SECTION 6.9 EMERGENCY APPROPRIATIONS

For the purpose of meeting a public emergency threatening the lives, health or property of citizens, or of property of the Town, or the proper functioning or operation of the Town, emergency appropriations, the total amount of which shall not exceed ten thousand dollars ($10,000) for any one occurrence in any one Fiscal Year, may be made by a vote of not less than two‑thirds of the entire membership of the Selectmen, provided that the Selectmen shall decide that a delay in making the emergency appropriation would jeopardize the lives, health or property of citizens, or the property of the Town.  In the absence of an available unappropriated and unencumbered General Fund cash balance to meet any such appropriations, additional means of financing shall be provided in such manner, consistent with the provisions of the CGSand of this Charter, as may be determined by the Selectmen with the advice of the Treasurer and the Board of Finance.

SECTION 6.10 SETTING MILL RATE

Within six (6) days after the adoption of the Annual Town Budget per Section 6.5.6, the Board of Finance shall meet and set a mill rate required to generate tax revenue to pay the expenses and appropriations of the Town for the next Fiscal Year.  Should an Annual Town Budget not be adopted by the start of the next Fiscal Year, July 1, per provisions of Section 6.5.6, the Selectmen shall set a mill rate required to generate tax revenue to pay the expenses and appropriations as last recommended by the Board of Finance under the provisions of Section 12-123 of the CGS.

6.10.1 COLLECTION OF TAXES

The Tax Collector shall collect all taxes due in accordance with the CGS.  The taxes shall be due July 1 and January 1 unless otherwise fixed by Ordinance.

SECTION 6.11 ACCOUNTING AND EXPENDITURES

6.11.1 ACCOUNTING OF FUNDS

The Town's financial records shall be maintained in accordance with generally accepted accounting principles (CGS Section 7-399).

6.11.2 EXPENDITURE OF FUNDS

No officer or agency of the Town shall expend or enter into any contract which would obligate the Town to expend in excess of an approved appropriation.  Any officer who, without authority from this Charter or the CGS expends or causes to be expended any money of the Town, except in payment of final judgments rendered against the Town shall be liable in a civil action in the name of the Town, as provided in the CGS.

SECTION 6.12 BORROWING

The Town shall have the power to incur indebtedness by issuing its bonds and/or notes as provided by the CGS and subject to the following limitations. The issuance of bonds and/or notes totaling not more than ten (10) percent of the current tax levy for any single purpose in any one Fiscal Year may, after consideration by the Board of Finance, be authorized by majority vote at a duly warned Town Meeting.  Any resolution authorizing the issuance of bonds and/or notes for any amount over ten (10) percent of the current tax levy shall, after a Public Hearing and consideration by the Board of Finance, be submitted for approval by referendum vote at a general or special election.  An affirmative referendum vote shall consist of a majority or more in the affirmative and such majority shall consist of not less than fifteen(15) percent of the eligible voters. The Town may, however, without such referendum vote, borrow in anticipation of taxes by resolution an amount not to exceed such taxes, after consideration of the Board of Finance and adoption by a majority vote of qualified voters present and voting at a duly warned Town Meeting. Any amount borrowed in anticipation of taxes shall be repaid within the same Fiscal Year.

SECTION 6.13 CONTRIBUTIONS

The Town shall make no contributions to any organization or private corporation except as herein provided or authorized by the CGS.  No such contribution of more than two thousand dollars ($2,000) shall be made to any such organization or corporation unless the Town is represented on its board by one or more members nominated thereto by the Selectmen

6.13.1 PRINCIPAL LIBRARY

The Richmond Memorial Library Association shall be considered the principal library of the Town and may be given monies by the Town for its operation when authorized by the Annual Town Budget.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER V    ADMINISTRATIVE OFFICERS AND EMPLOYEES

SECTION 5.1 GENERAL

The Board of Selectmen shall appoint all administrative officers and employees listed in this Chapter.

SECTION 5.2 OFFICERS COVERED BY GENERAL STATUTES

The Selectmen shall appoint qualified persons to the following offices to serve at the discretion of the Selectmen, unless otherwise specified, and whose powers and duties shall be as prescribed by Ordinance or, in the CGS.

5.2.1 Assessor

5.2.2 Building Official

5.2.3 Civil Preparedness Coordinator

5.2.4 Dog Warden

5.2.5 Director of Health

5.2.6 Tree Warden

5.2.7 Welfare Administrator

SECTION 5.3 POLICE

The Selectmen may utilize the services of a Resident state Trooper per Section 29-5 of the CGS or organize a local Police Department by Ordinance (Reference Section 7-274 of the CGS)

SECTION 5.4 CONSTABLES

The Selectmen shall appoint a sufficient number of Constables who shall serve at the direction of the Selectmen.

SECTION 5.5 TOWN ENGINEER

The Selectmen shall obtain the services of a Registered Connecticut Professional Engineer (Civil).

SECTION 5.6 TOWN COUNSEL

The Selectmen shall appoint a Town Counsel who shall be an attorney-at-law or a firm of attorneys-at-law, admitted to practice in this State. The Counsel shall appear for and protect the rights of the Town in all actions, suits, or proceedings brought by or against the Town or any of its officers or agencies in all matters affecting the Town and shall, upon written request, submitted to him through the First Selectman, furnish them with a written opinion on any question of law involving their respective powers and duties. Upon request the Counsel shall prepare or approve forms of contracts or other instruments to which the Town is a part. The Counsel shall have the power, with the approval of the Selectmen, to compromise or settle any claims by or against the Town.  His presence shall be required at Town Meetings upon request of the Selectmen.

SECTION 5.7 ADDITIONAL OFFICERS

The Selectmen may appoint such additional officers as are necessary or may be permitted by law.

SECTION 5.8 EFFECTIVE DATE OF APPOINTMENTS

The effective date of appointment of Administrative Officers shall be designated in the action taken on their appointment by the Selectmen.

SECTION 5.9 FILLING OF VACANCIES

Upon acceptance of a resignation by the Selectmen, all vacancies in administrative offices and employees, except those appointed under Section 5.7 of this Charter, shall be filled within sixty (60) days.

SECTION 5.10 CONTINUE IN OFFICE         

Those administrative officers holding office at the time this Charter becomes effective shall continue in office until their successors are appointed.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER IV   APPOINTIVE BOARDS

SECTION 4.1 GENERAL

The Selectmen shall appoint the members or all boards, commissions, agencies and committees authorized by Chapter IV of this Charter, hereinafter referred to as ''appointive boards''.

4.1.1 QUALIFICATION OF MEMBERS

All members and appointive boards shall be qualified electors of the Town and shall vacate their positions upon ceasing to be electors of the Town.

4.1.2 OATH OF OFFICE

They shall be sworn in before taking office and the officer administering the oath shall record such fact in the office of the Town Clerk.

4.1.3 TERMS OF OFFICE

The appointed members shall serve until their respective successors have been appointed and qualified. Unless otherwise provided by the CGS or agreement, the terms of office shall commence on the third Monday of January following a regular Town Election.  The length of terms shall be as hereinafter specified upon acceptance or a resignation by the Selectmen all vacancies on appointive boards shall be filled within sixty (60) days for the unexpired term.

4.1.4 MINORITY REPRESENTATION

Minority representation on any appointive board shall be as specified under Section 2.4 of the Charter.

4.1.5 GENERAL POWERS AND DUTIES

Except as otherwise provided in this Charter or Ordinances, all appointive boards shall have all the powers and duties as prescribed by CGS.

SECTION 4.2 ECONOMIC DEVELOPMENT COMMISSION

There shall be established an Economic Development Commission consisting of five (5) members who shall be appointed to serve four (4) year overlapping terms of office, whose powers and duties shall be prescribed by Ordinance in accordance with Section 7-136 of the CGS.

SECTION 4.3 ECONOMIC DEVELOPMENT AGENCY

The Economic Development Commission shall be designated as the Development Agency for the Town pursuant to Section 8-188 and have all the powers as set forth in Chapter 132 of the CGS.

SECTION 4.4 CONSERVATION COMMISSION

There shall be established a Conservation Commission consisting of five (5) members who shall be appointed to serve four (4) year overlapping terms and whose powers and duties shall be in accordance with Section 7-131 a of the CGS.

SECTION 4.5 INLAND WETLANDS AGENCY

The Conservation Commission shall be designated as the Inland Wetlands Agency for the Town pursuant to Section 22a-42 and have all the powers as set forth in Chapter 440 of the CGS.  

SECTION 4.6 CIVIL PREPAREDNESS ADVISORY COUNCIL

There shall be established a Civil Preparedness Advisory Council consisting of not less than seven (7) members nor more than fifteen (15) members to be appointed representing the fire, police, public health nursing committee, business and service groups.  One (1) member shall be appointed Coordinator.  The Civil Preparedness Coordinator and the Council shall have the powers and duties granted under Section 28-7 of the CGS.  

SECTION 4.7 MUNICIPAL HEALTH SERVICE COMMITTEE

There shall be established a Municipal Health Service Committee consisting of nine (9) members appointed with the recommendation of the Director or Health. Their terms shall be for three (3) years and may be followed by two (2) successive terms but shall allow for a one (1) year lapse before beginning a fourth term.  Their powers and duties shall be as specified under Chapter 334, Section 19-71a of the CGS.

SECTION 4.8 JURY COMMISSION

There shall be established a Jury Commission consisting of three (3) members appointed according to, and have powers and duties as specified under Chapter 884 (Section 51-221) of the CGS.

SECTION 4.9 FIRE COMMISSIONERS

There shall be established a Board of Fire Commissioners consisting of three (3) members, none or whom shall be active members of the Fire Department, to serve for four (4) year overlapping terms. Their powers and duties shall be established by Ordinance.  The Town, through the Fire Commissioners, shall obtain fire protection for the Town by entering into an agreement with a Volunteer Fire Company. The Board of Fire Commissioners shall appoint a Town Fire Marshal and Town Deputy Fire Marshal for four (4) year terms under the provisions of Section 4.1.3, except that the Board of Fire Commissioners shall fill any vacancies. The Town Fire Marshal and Town Deputy Fire Marshal shall serve at the direction of the Board of Fire Commissioners.

SECTION 4.10 PUBLIC BUILDING COMMISSION

There shall be established a Public Building Commission consisting of five (5) members appointed for four (4) year overlapping terms in the manner prescribed by and whose powers and duties shall be as set forth by Ordinance.

SECTION 4.11 BUILDING APPEALS BOARD

There shall be established a Building Appeals Board consisting of five (5) members appointed for four (4) year overlapping terms, whose powers and duties are as specified under Section 19-402 of the CGS.

SECTION 4.12 PUBLIC SAFETY COMMISSION

There shall be established a Public Safety Commission consisting of five (5) members to be appointed for four (4) year overlapping terms, whose powers and duties shall be as specified by Ordinance.

SECTION 4.13 PARK & RECREATION COMMISSION

Their shall be established a Park and Recreation Commission consisting of six (6) members to be appointed by the Board of Selectmen and with the powers and duties prescribed by Ordinance for, four (4) year overlapping terms.

SECTION 4.14 CREATION OF FUTURE APPOINTIVE BOARDS

Creation of future appointive boards shall, by Ordinance, be made by the Selectmen who shall specify their powers and duties. The Selectmen shall, with approval of the Board of Finance, provide a newly created board with sufficient funds for initial operating expenses funded either, from the Selectmen’s Budget or under the provisions of Section 6.6.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER III   THE BOARD OF SELECTMEN

SECTION 3.1  ORGANIZATION

3.1.1  NUMBER OF MEMBERS

There shall be a Board of Selectmen consisting of the First Selectman and two (2) Selectmen, hereinafter referred to as the Selectmen.

3.1.2  HOLDING OTHER OFFICE

The Selectmen shall be required to disclose any other office or position held within the government of the Town in which compensation is received.  These disclosures shall be recorded in the minutes of a meeting and be reported in the Annual Town Report.

SECTION 3.2 MEETINGS

3.2.1  PRESIDING OVER MEETINGS

The First Selectman, when present, shall preside over all meetings of the Selectmen and shall have full voting power at such meetings.

3.2.2  FIRST MEETING AFTER TAKING OFFICE

The Selectmen shall meet within seven (7) days after taking office per Section 2.2.3 for the purpose of organizing. The following items and any other business of an organizational nature shall be resolved. 

3.2.2.1  ACTING FIRST SELECTMAN

The Selectman shall confirm the order of succession to assume the duties and responsibilities of the First Selectman in the event of the absence or disability of the First Selectman. The order of succession shall be by descending number of votes received in the last completed Town Election.

3.2.2.2  ACTING OFFICIAL IN TOWN EMERGENCY

The Selectmen may appoint a responsible Town official, elected or appointed, to implement the Town Emergency Plan or other written instructions in the event of a town emergency and all Selectmen are absent from Town.

3.2.2.3  SCHEDULE OF MEETINGS

The Selectmen shall fix the schedule of regular meeting dates and times.  A method for calling special meetings shall be provided.  The Selectmen shall meet at times to provide maximum opportunity for citizens to attend the meetings.

3.2.2.4  SCHEDULE OF JOINT MEETINGS WITH OTHER TOWN AGENCIES

The Selectmen shall fix the schedule of these meeting dates and times, which shall be a minimum of two (2) times a year.

3.2.3  MEETING PROCEDURE

All meetings of the Selectmen for the transaction of business shall be conducted according to the CGS.  Meetings may move into Executive Session in accordance with Section 1‑21 of the CGS for purposes as defined in Section 1-1 8a (e) and by affirmative vote of two thirds of the Selectmen present and voting.  This action shall state the reasons for such Executive Session.   All business conducted by the Selectmen shall be approved by action at a regular or special meeting and shall include the adoption or policies and guidelines established under Section 3.4.16.

3.2.4  QUORUM

Two (2) members shall constitute a quorum.  No ordinance, resolution or vote, except a vote to adjourn or fix the time and place of the next meeting, shall be adopted by less than two (2) affirmative votes.

3.2.5  MINUTES OF MEETINGS

Minutes of all meetings shall be recorded and filed in accordance with Section 1-19 of the CGS.

SECTION 3.3  DUTIES AND RESPONSIBILITIES

3.3.1  AFFAIRS OF THE TOWN

In addition to powers granted by the CGS, the Selectmen shall have the general and specific powers per Section 3.4. They shall be responsible for­overseeing and coordinating the performance of duties and responsibilities of the officers, boards, commissions and other agencies of the Town as the carrying out of these duties and responsibilities affect the affairs of the Town.

3.3.2  TOWN REPORT

The Selectmen shall be responsible for the preparation and publication of an Annual Town Report. The head of each board, commission, agency or official of the Town supported wholly or in part from Town funds shall file a report of the years activities with the Selectmen within sixty (60) days after the end of the Fiscal Year.  The Annual Town Report shall be published within ninety (90) days after receiving the Annual Audit.

3.3.3  JOINT MEETINGS WITH OTHER TOWN AGENCIES

The Selectmen shall be responsible for holding joint meetings with one or more members of all boards, commissions and agencies for the purpose of communicating plans and coordinating action for carrying out the affairs of the Town.

3.3.4  APPLICATION FOR GRANTS AND AID

Unless a specific board, commission, or agency is designated by the CGS, Charter, Ordinance or, Resolution voted at Town Meeting or Referendum, the Selectmen shall be responsible for acting on behalf of the Town in applying for grants, aid or other funds that the Town is eligible for and shall accept or reject such grants, aid or other funds for the Town.

3.3.5  TOWN BUDGET

The Selectmen shall be responsible for obtaining and compiling the items to be budgeted from the various boards, commissions, agencies and officials of the Town, excluding the Board of Education, and for presenting them to the Board of Finance with its recommendations in accordance with the provisions ofSection 6.5.2.

3.3.6  FINANCIAL PLANNING

The Selectmen shall be responsible for reviewing the current and projected administrative and capital fiscal needs of the Town and shall develop and maintain a long range comprehensive financial plan. This plan shall be updated at least once during the term of the Selectmen.  Capital expenditures projected for the next coming Fiscal Year shall be included in the Annual Town Budget preparation per Section 6.5.2.

SECTION 3.4  GENERAL AND SPECIFIC POWERS

3.4.1  FILLING OF VACANCIES

The Selectmen shall fill vacancies in elective offices according to the provisions of Section 2.7.  The Selectmen shall be the Legislative Body (Section 7.1.1 ) designated to fill vacancies on the Regional District #8 Board of Education.  The Selectmen shall fill vacancies in appointive offices as provided in Section 4.1.3 and Section 5.9 of this Charter.

3.4.2  PERSONNEL POLICIES

The Selectmen shall adopt policies which consider, all jobs in the Town Government, elected or, appointed, where salary and/or, benefits are provided.  Policies shall define the personnel to be covered, the qualifications and method appointment to each position, the duties, responsibilities and powers of such positions and the conditions, salary and benefits of employment in such positions. All elected persons that accept the Town benefits shall abide by the Personnel Rules and Regulations, as adopted by the Board of Selectmen for all Town employees. Persons employed or appointed to make or conduct a temporary study of investigation and persons employed for a temporary period but exceeding three (3) months shall not be included.

3.4.3  ACCEPTANCE OF ROADS AND OTHER MUNICIPAL IMPROVEMENTS

In order for roads and other municipal improvements to be considered for acceptance, they must be approved by the Planning Commission and their completion approved by the Town Engineer.  The Selectmen may accept the above provided all the following conditions are satisfied: (1 ) Written approval of the Town Engineer is on file.  (2) Written approval of the Planning Commission is on file. (3) A duly warned Public Hearing has been held.

Should the Selectmen fail to accept a road or other municipal improvements and the above conditions have been satisfied, acceptance shall be referred to a Town Meeting for action.

3.4.4  MAINTENANCE BOND PROTECTION FOR EXISTING ROADS

The Selectmen may require the posting of maintenance bonds on existing Town accepted roads to cover damage caused by the process of construction.

3.4.5  AGREEMENT WITH STATE DEPARTMENT OF TRANSPORTATION

The Selectmen may enter into agreements with the Department of Transportation of the State of Connecticut for expenditures of Town Aid Funds per Section 13A -17a et. seq of the CGS.

3.4.6  PURCHASE OR EXCHANGE OF REAL ESTATE

The Selectmen with the approval of the Planning Commission and Inland Wetlands Agency, may purchase or exchange real estate for a specific Town use.  Any appropriation required shall be subject to the conditions of Section 6.6.

3.4.6.1  EASEMENTS

The Board of Selectmen, without further municipal approval, shall have the authority to procure necessary easements from private property owners to provide for appropriate water supply for fire prevention purposes.  Any appropriation required shall be subject to the conditions of Section 6.6.

3.4.7  ACCEPTANCE OF REAL ESTATE

The Selectmen may accept real estate, subject to the approval of the Planning Commission and Inland Wetlands Agency.  Commissions must respond to the request for approval within thirty-five (35) days.  Failure to act shall constitute approval.

3.4.8  DISPOSITION OF TOWN PROPERTY

The Selectmen, without further municipal approval, may dispose of any obsolete, damaged or unused item of property of the Town except land, buildings or water rights.  An Ordinance establishing procedures for, this disposition shall be enacted and maintained per Section 3.5. The Selectmen are empowered to apply any item of property, regardless of value, as a trade‑in on the purchase price of a budgeted expenditure of alike or improved item.

3.4.9  TEMPORARY COMMISSIONS

The Selectmen may create study or temporary advisory commissions to make recommendations to the Selectmen. The term of any such commission should not exceed twenty‑four (24) months unless approved by Town Meeting to extend the term. The operation of these commissions may be funded from the Selectmen's Budget or under the provisions of Section 6.6.

3.4.10  LEGAL ACTION

The Selectmen shall direct or cause to be instituted, prosecuted or compromised any legal action or, proceeding by or against the Town.

3.4.11  PURCHASE OF SUPPLIES

The Selectmen shall be the central purchasing office for supplies, materials, equipment and other commodities required by an officer, board, commission or committee of the Town, except the Board of Education and Probate Court.

3.4.12  MAINTENANCE OF TOWN PROPERTIES

The Selectmen shall employ the services of custodial or maintenance work for any public park, building, playground, road or other facility under the care of any officer, board, commission or, committee of the Town.  Facilities under the care of the Board of Education are exempted from this coverage except in those areas agreed upon.

3.4.13  CONTRACTING OF SERVICES

Unless otherwise specified by the CGS, Charter, Ordinance or, Resolution voted at Town Meeting or Referendum, the Selectmen shall execute all contracting on behalf of the Town for any services required by any officer, board, commission or committee of the Town, except the Board of Education.

3.4.14  DELEGATION OF POWERS

The Selectmen may delegate the powers in this Section to persons or agencies responsible to the Selectmen.  This delegation shall be duly voted at a regular meeting.

3.4.15  PUBLIC BID

Unless otherwise specified by the CGS, Charter, Ordinance or Resolution voted at Town Meeting or Referendum, the Selectmen shall execute the Public Bidding or the purchase of any item with an estimated cost in excess of ten thousand dollars ($10,000).  Appropriate bid specifications and forms shall be made available.  Items for purchase with an estimated cost of one thousand dollars ($1,000) to ten thousand dollars ($10,000) may be let by invitation to bid.  Items for purchase with an estimated cost of less than one thousand dollars ($1,000) do not require bidding. The contract for purchase shall be awarded to the lowest qualified bidder.

3.4.15.1  BIDDING EXCEPTION

By action of the Selectmen, items to be purchased through a central purchasing system are exempt from the bidding procedures.  The system to be utilized shall have established bidding and purchasing procedures.

3.4.16  EXPENDITURE OF FUNDS

The Selectmen shall establish the policies and guidelines for the expenditure of Town Funds, except for the Board of Education.  The Town Treasurer shall advise the Selectmen of any accounting and other financial procedures for incorporation in the policies and guidelines established.

3.4.17  ENFORCEMENT

The Selectmen in executing their duties and responsibilities are empowered to use all legal measures through a court of competent jurisdiction when necessary.  Should action concerning the Board of Education be necessary, appeal to the Commissioner of Education, State of Connecticut, may be pursued per the CGS.

SECTION 3.5  POWER TO ENACT ORDINANCES

The Selectmen shall have the power to enact Ordinances on any matter which the CGS or this Charter permits to be regulated by Ordinance and, in general, enhances the preservation of order, health, welfare and safety of the Town and its inhabitants.

3.5.1  PUBLIC HEARING

At least one (1) Public Hearing shall be held by the Selectmen before enacting any proposed Ordinance. Copies of the full text of the proposed Ordinance shall be made available in the Town Clerk’s Office and the Hearing Notice shall be published not less than ten (10) days before the date of such Hearing.

3.5.2  REQUIRED ACTION

The Selectmen shall accept or reject the proposed Ordinance within thirty (30) days after the Public Hearing.

3.5.3  RECORDING WITH TOWN CLERK

Every Ordinance, after enactment, shall be recorded by the Town Clerk in a book to be kept for that purpose.

3.5.4  EFFECTIVE DATE

Every Ordinance shall become effective thirty (30) days after publication in a newspaper having a circulation in the Town.  The Selectmen shall implement the terms of the Ordinance unless procedure to overrule such Ordinance is initiated in accordance with Section 7.6 and 7.7 of the Charter.

SECTION 3.6  POWER TO ENACT EMERGENCY ORDINANCES

On a declaration by the Selectmen that a state of public emergency exists endangering the lives, health or property of citizens, the Selectmen may enact Ordinances to meet such emergency. No Public Hearing shall be required for emergency Ordinances.  Emergency Ordinances shall be printed and made available in the Town Clerk’s Office in twenty‑four (24) hours after action is taken.

3.6.1  AUTOMATIC TERMINATIONS

Every emergency Ordinance and amendments thereto shall automatically stand repealed at the termination of the sixtieth (60th) day following the enactment of said Ordinance.

SECTION 3.7  PETITION FOR OVERRULE OF ORDINANCES

All Ordinances, except emergency Ordinances, shall be subject to overrule by a Special Town Meeting as specified inSection 7.7 of the Charter.

SECTION 3.8  THE FIRST SELECTMAN

The First Selectman shall be the Chief Executive and Administrative Officer of the Town.  In addition to the powers and duties conferred by the CGS, the First Selectman shall have the powers and duties conferred by this Charter and Ordinances.  The First Selectman shall be the official head of the Town for all ceremonial and military purposes.

3.8.1  DUTIES OF THE FIRST SELECTMAN

The First Selectman shall be responsible for and have the power to:

(a) Execute and carry out all Ordinances, Resolutions, policies and other actions voted by the Board of Selectmen or the Town Meeting.

(b) Coordinate administration of the agencies, boards and commissions of the Town, except those functions expressly reserved or delegated to such agencies by the CGS.

(c) Guide the Board of Selectmen in the discharge of all the Selectmen's duties and responsibilities.

(d) Direct and supervise the activities of all Town employees, except employees of the Board of Education.

3.8.1.1  EMPLOYMENT OF STAFF

The First Selectman shall, subject to the approval of the Board of Selectmen, appoint or hire, discharge or remove, all appointive officials or employees of the Town whether receiving compensation or not, for all boards, commissions or agencies of the Town, except employees of the Board of Education.

3.8.1.2  DELEGATION OF DUTIES

The First Selectman may assign and delegate the above duties and powers to the other Selectmen and to officers responsible to the First Selectman.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER I   INCORPORATION AND GENERAL POWERS

SECTION 1.1  INCORPORATION

All of the inhabitants dwelling within the territorial limits of the Town of Marlborough, as heretofore constituted, shall continue to be a body politic and corporate under the name of “Town of Marlborough", hereinafter called "the Town" and as such shall have perpetual succession and may exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of the Charter, the additional powers and privileges herein conferred, and all powers and privileges conferred upon towns under the General Statutes of the State of Connecticut, as amended. Hereafter, in this Charter, the Connecticut General Statutes, as amended, shall be referred to as CGS.

SECTION 1.2  RIGHTS AND OBLIGATIONS

All property, both real and personal, all rights of action and rights of every description, and all securities and liens vested or inchoate in the Town as or the effective date or this Charter shall be continued in the Town. The Town shall continue to be liable for all debts and obligations of every kind for which the Town shall be liable on said date. Nothing herein shall be construed to affect the right of the town to collect any assessment, charge, debt, or lien. If any contract has been entered into by the Town prior to the effective date of this Charter or any bond or undertaking has been given by or in favor of the Town which contains a provision that the same may be enforced by any commission, board, agency, or officer therein named, which is abolished by the provisions of this Charter, such contracts, bonds or undertakings shall continue in full force and effect and the powers conferred and the duties imposed with reference to the same upon any such commission, board, agency or officer shall, except as otherwise provided in the Charter, thereafter be exercised and discharged by the Board of Selectmen.

SECTION 1.3  GENERAL GRANT OF POWERS

In addition to all powers granted to towns under the Constitution and CGS, the Town shall have all powers specifically granted by this Charter, and all powers fairly implied in or incident to the powers expressly granted. The Town shall also have all other powers incident to the management or the property, government and affairs of the Town, including the power to enter into contracts with the United States or any Federal agency, the State of Connecticut, or any political instrumentality thereof for purposes not prohibited by law. The enumeration of specific powers in this and any other Chapter of this Charter shall not be construed as limiting this general grant of powers but shall be considered as in addition thereto.

SECTION 1.4  EFFECT OF CHARTER

This Charter shall be the organic law of the Town in the administration of its local affairs. Special acts and ordinances or portions thereof inconsistent with this Charter and superseded by it shall have no further force of effect after the effective date of this Charter. Other special acts effecting the Town, and all other ordinances and resolutions duly adopted and in force before the effective date of this Charter, shall remain in force.

Index   
Chapter I   Chapter II   Chapter III  Chapter IV   
Chapter V
   Chapter VI   Chapter VII   Chapter VIII


CHAPTER II    ELECTIONS

SECTION 2.1  STATE AND FEDERAL OFFICERS

Nominations and elections of state and federal officers, Judge or Probate, Justices of the Peace and the Registrars of Voters shall be conducted as prescribed in the Constitution and the CGS

2.1.1  REGISTRARS OF VOTERS.

The term of office for the Registrars of Voters shall be the four (4) year term provided by Section 9-1 89a of the CGS.

2.1.2  LISTS OF ELECTORS.

Lists of electors qualified to vote in accordance with the United States Constitution, State Constitution and the CGS shall be prepared by the Registrars of Voters.

SECTION 2.2  TOWN OFFICERS - GENERAL ELECTIONS

2.2.1  ELECTION

A meeting of the electors or the Town for the election of municipal officers shall be hold on the first Tuesday after the first Monday in November of the odd-numbered years, hereinafter referred to as the "regular Town Election".  A meeting of the electors of the Town for the election of state and federal officers shall be held in the even numbered years and conducted in the manner prescribed in the CGS.

2.2.2  POWERS AND DUTIES

Except as otherwise provided in this Charter, all municipal Town officers, boards, commissions and agencies shall have the powers and duties prescribed in the CGS.

2.2.3  TERMS OF OFFICE

Terms of office of all elective municipal officers, except the Town Clerk, shall commence on the first Monday following their election. The term of office of the Town Clerk shall commence from the first Monday of January succeeding election (Section 9‑1 89a). All officers shall hold office until their successors have been elected and qualified. The Town Clerk shall be responsible for verifying the start, end and proper overlap or each term or office.

2.2.4  BOARD OF SELECTMEN

There shall be a Board of Selectmen consisting of a First Selectman and two (2) Selectmen elected for a four (4) year term of office in a manner prescribed in the CGS (Section 9-188).

2.2.5  BOARD OF EDUCATION

There shall be a nine (9) member Board of Education. There shall be four (4) year overlapping terms of office in the manner prescribed in the CGS (Section 9-204).  When four (4) members of this Board are to be elected, each party may nominate three (3) candidates to be placed on the ballot and the electors may vote for three (3) candidates.  Successful candidates shall be declared elected subject to minority representation on the Board.

2.2.6  BOARD OF FINANCE

There shall be a six (6) member Board of Finance.  Members or the Board shall be elected to serve four (4) year overlapping terms in a manner prescribed in the CGS (Section 9-202). There may be alternate members under the provisions of the CGS Section 7-340a. Transition to four (4) year terms or office shall occur upon the regular expiration of terms existing on the effective date of this Charter.

2.2.7  BOARD OF TAX REVIEW

There shall be a three (3) member Board of Tax Review.  There shall be four (4) year overlapping terms of office in the manner prescribed in the CGS (Section 9-199).  Each party may nominate the total number of members to be elected and the electors may vote for the total number to be elected. Successful candidates shall be declared elected subject to minority representation on the Board.

2.2.8  TOWN CLERK

Quadrennially there shall be elected a Town Clerk in the manner prescribed in the CGS (Section 9-189a).

2.2.9  COLLECTOR OF TAXES

Quadrennially there shall be elected a Collector of Taxes in a manner prescribed in the CGS (Section 9-189).

 2.2.10 REGISTRARS OF VOTERS

Quadrennially there shall be elected a Registrar or voters from each major party as defined and set forth in the CGS (Section 9-190 and 190a).

2.2.11 TOWN TREASURER

Quadrennially a Town Treasurer shall be elected in the manner prescribed in the CGS (Section 9-189).

2.2.12  PLANNING COMMISSION

There shall be a Planning Commission consisting of five (5) members and three (3) alternates elected in the manner prescribed by Section 8-19 of the CGS and whose powers and duties shall be as defined in Chapter 124 of the CGS.  These members shall serve four (4) year overlapping terms.

2.2.13  ZONING COMMISSION

There shall be a Zoning Commission consisting of five (5) members and three (3) alternates elected in the manner prescribed by Section 8-1 of the CGS and whose powers and duties shall be as defined in Chapter 124 of the CGS. These members shall serve four (4) year overlapping terms.

2.2.14  ZONING BOARD OF APPEALS

There shall be a Zoning Board of Appeals consisting of five (5) members and three (3) alternates elected in the manner prescribed by Section 8-5 of the CGS and whose powers and duties shall be defined in Chapter 124 of the CGS. These members shall serve four (4) year overlapping terms.

2.2.15  REGIONAL DISTRICT #8 BOARD OF EDUCATION

The Town of Marlborough shall provide members for the Regional District #8 Board of Education to be elected in the manner prescribed by the CGS.

SECTION 2.3  MINORITY REPRESENTATION

Minority representation of a political party on any board or commission shall be in accordance with the CGS Section 9-167a.

SECTION 2.4  ELIGIBILITY

No person shall be eligible for election to any Town office who is not at the time of his election an elector of said Town and any person ceasing to be an elector of said Town shall there upon cease to hold office in the Town.  Persons may become electors as prescribed in the Constitution and the CGS.

SECTION 2.5  BREAKING A TlE

When any regular or special municipal election conducted pursuant to the provisions of this Charter results in a tie, and all but one of the tied candidates shall not have voluntarily retired from the contest, an adjourned election shall be conducted in accordance with the provisions of Section 9-332 of the CGS to determine who shall be elected.

SECTION 2.6  VACANCIES

Any vacancy in any elective Town office shall be filled by appointment of the Selectmen for the balance of the term for which the person vacating the office had been elected.  Such vacancy shall be filled by the appointment of a member of the same political party and take office as provided for in the Charter.

2.6.1  VACANCY TERM EXCEPTION

The Planning Commission shall fill its own vacancies. Should the Planning Commission fail to fill its vacancies per the CGS, the Selectmen shall fill the vacancies according to the provisions of this Charter.

SECTION 2.7  VOTING DISTRICTS

There shall continue to be one (1) voting district as existed on the effective date or this Charter.

Town Hours of Operation

Monday            8:00 - 4:30
Tuesday           8:00 - 7:00
Wednesday      8:00 - 4:30
Thursday          8:00 - 4:30
Friday              8:00 - Noon

Marlborough needs volunteer Board and Commission members to help local government make the important decisions that will determine our quality of life. If you’re interested in contributing your service and talent to our community, please consider applying to serve as a local board or commission member!

APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS OR COMMITTEE

Current Events

22 Oct 2018;
07:00PM -
All Boards Meeting
23 Oct 2018;
07:00PM -
Planning Commission
24 Oct 2018;
07:00PM -
Nature Trails & Sidewalks Commission
24 Oct 2018;
07:00PM -
Special Zoning Board of Appeals
25 Oct 2018;
07:00PM -
Board of Education
01 Nov 2018;
07:00PM -
Zoning Commission

Emergency Contacts

Connecticut State PoliceMarlborough Police Information

911 - Fire, Police, Medical Emergency Vehicle Dispatch

Resident State Trooper – Office (860)295-9098
Email Trooper Dunshee: This email address is being protected from spambots. You need JavaScript enabled to view it.

Constable/Director of Public Safety Services - Jay Kehoe  This email address is being protected from spambots. You need JavaScript enabled to view it.

CT State Police Troop K
   Emergency - 911
   Non-emergency – (860) 465-5400

Sewer Alarm & Repair
   Emergencies & Alarms: FR Mahoney & Associates (508)765-0051
   Routine Information: Marlborough Building Department (860)295-6202

Middlesex Hospital
Blue Hospital SignMarlborough Medical Center
Emergency Service
24 hours a day - 7 days a week
(860) 358-3200
12 Jones Hollow Rd
Marlborough, CT 06447
   Need to Schedule an Appointment?
   With SmartER you can book your Marlborough Medical Center Emergency Room visit in advance.