LEGAL NOTICE - TOWN OF PROSPECT
PUBLICATION OF PROPOSED CHARTER REVISIONS

Pursuant to Connecticut General Statutes Section 7-191(d), published herein are the proposed
amendments to the Prospect Town Charter, as approved by the Town Council on September 5, 2000.
The proposed amendments shall be submitted to the electors in the form of a question on the ballot
on November 7, 2000.

Sections of the Charter currently numbered 1.1, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3.1,
3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2, 6.3,
6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 7.1, 7.2, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 8.8, 9.1, 10.1, 10.2, 10.3, 10.4,
and 10.5 are proposed to be renumbered as 1.01, 1.02, 1.03, 1.04, 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
2.07, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07,
5.01, 5.02, 5.03, 5.04, 6.01, 6.02, 6.03, 6.04, 6.05, 6.06, 6.07, 6.08, 6.09, 7.01, 7.02, 8.01, 8.02,
8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 9.01, 10.01, 10.02, 10.03, 10.04, and 10.05, respectively.

The amendments printed below indicate in boldface new language to be included in the listed pro-
vision, and deleted language is shown in brackets.

SECTION 2.1, to be renumbered SECTION 2.01., shall be amended to read as follows:

(a) Nomination and election of federal and state offices, including Registrars of Voters, Justices of the
Peace and of such elective Municipal Officers, Boards and Commissions as are provided for in this Charter,
shall be conducted and the Registrars of Voters shall prepare lists of electors qualified to vote therefor
[therefore] in the manner prescribed in the Constitution and general laws of the State of Connecticut.

(b) A meeting of the electors of the Town of Prospect for the election of Municipal Officers shall be
held on the Tuesday after the first Monday in November of the odd-numbered years.

At such a meeting there shall be elected:

Alternately thereafter at each biennial election there shall be elected, three (3) members and then (2)
members of the Planning and Zoning Commission and the Zoning Board of Appeals for terms of four
(4) years to succeed those whose terms expire.

Also at said meeting to be held in said year, there shall be elected two (2) members of Region 16 Board
Education for terms of four (4) years to succeed those whose terms expire.

The terms of all Municipal Officers shall commence on the second Friday at 8 p.m. [Saturday]
next following the day of the municipal election at which subject officials are elected and they shall
hold office until their successors have been chosen and qualified, except Regional Board members
shall take office the first Monday of the month following each Town election and the Town Clerk shall
take office on the first day of January following each Town election. [except that the first Town Clerk
elected after the effective date of this Charter revision shall take office on the first day of December
following the election and serve until the thirty first day of December following the next election.
Thereafter, the Town Clerk shall take office on the first day of January following the Town election
(AMENDED 11/88)]

The Town Treasurer and Tax Collector shall each file, with the Mayor and the Town Council, a
monthly report for the immediate preceeding [preceding] month, with and in a form, approved by
the Mayor and the Town Council.

Proposed to be deleted is the present sixth paragraph, which reads as follows: [Except as other-
:wise provided in this Charter, elective Town Officers, Boards and Commissions shall have the powers
and duties prescribed by law. (AMENDED 11/79)]

The first three paragraphs of present SECTION 2.3, to be renumbered SECTION 2.03., shall be
deleted and the Section shall amended to read as follows:

Maps describing the voting districts shall be on file in the Town Clerk's office.

The Mayor, Town Clerk, Registrars of Voters and all other Officers of the Town shall perform the
duties required of them by law with respect to elections in the voting districts.

All action taken under the provisions of this section shall be in accordance with Sections 9-168 et
seq., and 9-169 et seq., of the General Statutes as amended.

The present first three paragraphs, proposed to be deleted, read as follows:

[There shall be two voting districts and they shall be consistent with the boundaries as designated
in the final report of the Re-Apportionment Committee of July 31, 1981, and the number of voting dis-
tricts shall not be increased, nor the boundaries altered, except by ordinance of the Town Council.
(AMENDED11/83)

Voting District One shall be consistent with the 89th Assembly District; Voting District Two shall
be consistent with the 90th District. (AMENDED 11/83)

No change in boundaries of voting districts shall be made within ninety (90) days prior to an election.]

SECTION 2.5 (a) to be renumbered SECTION 2.05(a), shall be amended to read as follows:

(a) Any vacancy in any elective office, from whatever cause arising, shall be filled by appointment
by the Town Council for the unexpired portion of the term, provided that when the person vacating the
office shall have been elected as a member of a political party, such vacancy shall be filled by the
appointment of a member of the same political party. The Council shall request Town Committees of
the appropriate party to submit a name or names to fill the vacancy. [If there shall be a biennial elec-
tion before the expiration of the term of any office in which a vacancy occurs, such office shall be filled
until said biennial election by appointment by the Town Council as provided herein and subsequently
by the election of a person to fill that office for the remaining part of the term, and such person shall
take office immediately following his election.]

SECTION 2.5(b), to be renumbered SECTION 2.05.(b), shall be amended to read as follows:
(b) Any vacancy in any appointive Office, Board, Committee or Commission, from whatever cause
arising, shall be filled by appointment by the original appointing authority for the unexpired portion of
the term. Such person shall take office immediately following his or her appointment.

The first paragraph of SECTION 2.7, to be renumbered SECTION 2.07., shall be amended to read
as follows:

All Boards, Commissions and appointed Agencies shall make regulations for the conduct of their
meetings, subject to SECTION 3.04 of this Charter. Such regulations and any amendments thereto
shall be filed with the Town Clerk.

SECTION 3.l (d), to be renumbered SECTION 3.01.(d), shall be amended to read as follows:

(d) No member of the Council shall hold any other office under the government of the Town of
Prospect during the term of office for which he or she is elected; nor shall he or she be appointed to
any non-elected paid position under the government of the Town which was created by the Council dur-
ing his or her term of office and for two (2) years after said position was created. However, the Council
may, by a two-thirds affirmative vote of its total authorized membership, appoint any one of its mem-
bers to any temporary non-compensatory Board, Agency, or Commission, provided that no more than
one Council member may be appointed to, or serve on, at the same time, said temporary non-com-
pensatory Board, Agency or Commission.

SECTION 3.2, to be renumbered SECTION 3.02., shall be amended to read as follows:

The Town Council shall meet at 8:00 p.m. on the second Friday [Monday] following each biennial elec-
tion and shall choose from among its members, a Chairperson and a Vice-Chairperson of the Council.
This shall be the first order of business and the Mayor shall preside over the meeting without a vote
until a Chairperson is elected.

The office of Chairperson shall not deprive such Chairperson of his or her vote on any question. The
Chairperson shall have an additional vote only to break a tie.

The Chairperson shall preside over all meetings of the Council and perform all duties consistent with
his or her office.

During the absence or disability of the Chairperson , the Vice-Chairperson shall assume the position
of Chairperson until a new Chairperson and Vice-Chairperson are selected by the Council. Before the
selection of a Chairperson and Vice-Chairperson , the existing vacancy in the Council must be filled as
prescribed in SECTION 2.05 of this Charter.

SECTION 3.3, to be renumbered SECTION 3.03, shall be amended to read as follows:

Second paragraph: All meetings of the Council for the transaction of business shall be open to the
public and the votes shall be recorded as prescribed by Section 1-225 [1-21] of the General Statutes
as amended.

Fifth paragraph: The record so kept shall be kept on bonded paper and authenticated for each meet-
ing by the signatures of the Chairperson and the Clerk.

SECTION 3.4, to be renumbered SECTION 3.04., shall be amended to read as follows:

First paragraph: The Town Council shall have the powers and duties which, on the effective date of
this Charter, were conferred by law upon Officers, Boards and Commissions of the Town existing imme-
diately prior to such date, except as otherwise specifically provided in this Charter. Except as otherwise
provided by this Charter or by specific provisions of the General Statutes of the State vesting author-
ity in the Town Meeting, the Town Council shall be the "legislative body'' of the Town and the leg-
islative power shell be vested exclusively in the Council. [The legislative power of the Town shall be
vested exclusively in the Council, except as otherwise provided in this Charter.] Said Council shall have
the power to enact, amend or repeal ordinances not inconsistent with this Charter or the General Statutes
of the State. to create or abolish, by ordinance, Boards, Commissions. Departments and Offices; and the
Council may, upon recommendation of the Mayor, contract for the services of and the use of, facilities
of the United States or any federal agency, the State of Connecticut or any political sub-division thereof,
or may, by agreement, join with any such political sub-divisions to provide services and facilities.

A new second paragraph is proposed to be added as follows:

The Town Council, upon recommendation of the Mayor, shall have the power, by resolution, to
provide for the sale of real estate acquired by the Town as a result of tax foreclosure or acquired by
deed in lieu of foreclosure. The Town Council, upon recommendation of the Mayor, may, by reso-
lution, authorize the purchase of real estate by the Town following a tax sale in which there has
been no bidder and provide for the sale of real estate so acquired.

The second paragraph of SECTION 3.5, to be renumbered SECTION 3.05., shall be amended to read
as follows:

The Town Attorney shall, when so directed by a majority vote of the Town Council, issue a subpoe-
na or a subpoena duces tecum for the appearance of witnesses, or witnesses and documents, at a Town
Council meeting. If any person shall disobey such process, or having appeared in obedience thereto,
or by its counsel, and does not claim his Fifth Amendment Right, said person shall be deemed to resign
from said office or position. The Council, acting by a majority of its members, may apply in writing to
the Superior Court or, if said court shall not be in session, to a judge thereof, setting forth such dis-
obedience of process or refusal to answer, and said court or such judge, as the case may be, shall pun-
ish such person in the same manner and to the same extent as if such failure so to appear or failure to
testify or failure so to produce any book or document had occurred in the Superior Court. Such person
may be represented by an attorney of his or her choice at his or her own expense at said investigation.

SECTION 3.6, to be renumbered SECTION 3.06., shall be amended to read as follows:

Any elected or appointed Officer or any employee of the Town who has a financial interest, direct or
indirect, in any contract, transaction or decision of any Board or Commission to which the Town is a
party, shall disclose that interest to the Council and shall thereupon disqualify himself or herself from
a discussion or vote on such matter, which disclosure shall be entered upon the official record.

Voting by an elected or appointive officer on the appointment of himself or herself or a member of his or
her Immediate family to a Town position that will provide compensation or a financial benefit to either the
Officer or the family member, shall be construed as a conflict of interest pursuant to this section. The know-
ing violation by any such Officer or employee of the provisions of this section or SECTION 3.01(d) of this
Chapter shall be grounds for his or her removal. Violation of this section or SECTION 3.01(d) of this Chapter
with the knowledge express or implied, of any person or corporation participating in such contract, transac-
tion or decision, shall render the same voidable by the Council or by a court of competent jurisdiction. No
member of a Board, Commission or Agency, and no elected Official, may employ in a paid position, a mem-
ber of his or her immediate family without the consent of the Town Council.

The first paragraph of SECTION 3.7, to be renumbered SECTION 3.07., shall be amended to read as follows:

Neither the Town Council, nor any of its members, shall direct or request, the appointment of any
person to any office or employment, or direct or request the removal of any person from any office or
employment, which office or employment, by the provisions of this Charter, the Mayor or any of his or
her appointees are empowered to fill by appointment, provided the Mayor may seek advice from the
Council regarding appointments and provided further the Council may prefer charges in writing against
any Officer or employee appointed by the Mayor.

SECTION 3.8, to be renumbered SECTION 3.08., shall be amended to read as follows:

First paragraph: At least one (1) public hearing, notice of which shall be given at least five (5) days
in advance by publication in a newspaper having a substantial circulation in the Town, and by posting
notice in a public place, shall be held by the Town Council before any ordinance shall be passed,
amended or repealed.

Fourth paragraph: Every ordinance or amendment, unless it shall specify a later date, shall become
effective thirty (30) days [on the twenty-first (21st) dayl after such publication following its final passage.

The second paragraph of SECTION 3.11. shall be amended to read as follows:

Ordinances submitted to the Council by petition of electors as provided in this Charter and adopted
by the Council, shall be subject to a referendum in the same manner as other ordinances. Within thirty
(30) [twenty (20)] days after the publication of an ordinance, an amendment to an ordinance or notice
of repeal of an ordinance, as provided for in this Charter, a petition requesting that such action of the
Council be submitted to a vote of those persons may be filed with the Town Clerk by an elector. Any
such petition shall conform to the requirements of Section 7-9 of the General Statutes, except as pro-
vided herein and shall be addressed to the Council and shall request that the action of the Council be
submitted to a vote of those persons eligible to vote at a Town Meeting, and shall be signed in ink or
indelible pencil by at least fifteen percent (15%) of [200] qualified electors of the Town.

In SECTION 3.12., the paragraph beginning "We, the undersigned" shall be amended to read as follows:

We, the undersigned electors of the Town of Prospect, hereby present this petition under the pro-
visions of the Charter of the Town of Prospect, (here insert the word "initiating" or the words
"requesting the repeal of"), the following ordinance, (here insert the full text of the ordinance), and
we certify that we are electors of the Town of Prospect residing at the addresses set opposite our
names and that we have not signed this petition more than once.

SECTION 3.15. shall be amended to read as follows:

Unless otherwise provided by the Council, all members of all [the following] Boards and
Commissions shall serve without compensation.

 The first paragraph of CHAPTER 4 shall be amended to read as follows:

The Town Council shall appoint, consistent with SECTIONS 2.02 and 2.04, and may remove mem-
bers from the following Boards, Commissions and Agencies.

SECTION 4.1, to be renumbered SECTION 4.01., is amended to delete the present third paragraph
of the Section, as follows:

[The existing seven (7) member Commission shall be reduced to a five (5) member Commission by
appointing one (1) regular member to a term commencing March 1, 1988, two (2) regular members to
terms commencing March 1, 1989, and two (2) regular members to terms commencing March 1, 1990.]

SECTION4.3, to be renumbered SECTION 4.03., shall be amended to change its title to EMERGENCY
MANAGEMENT ADVISORY COUNCIL and shall be amended to read as follows:

The Town Council shall, by resolution, decide the make-up of this Advisory Council in accordance
with the State Emergency Management Plan.

The Town Council shall appoint and may remove the members of the Emergency Management
Advisory Council.

The Emergency Management Advisory Council shall have the powers and duties prescribed by the
Connecticut General Statutes.

The present section, proposed to be deleted, reads as follows:

[The Town Council shall appoint a Civil Preparedness Advisory Council.
The Town shall, by resolution, decide to make-up of this Advisory Council.
They shall have the powers and duties prescribed by law.]

The fourth paragraph of SECTION 4.5 to be renumbered SECTION 4.05 shall be amended to
read as follows:

The said directors shall also have the power to receive, hold and manage, any devise [device]
bequest or gift for the establishment, expansion, maintenance or improvement of any such libraries.
With the exception of such grants, gifts and bequests, the Town Treasurer shall have charge of finan-
cial record-keeping for the Library Board.

The third paragraph of SECTION 4.7, to be renumbered SECTION 4.07.. shall be amended to read as follows:

The term of the Zoning Enforcement Officer shall be four (4) years or [and] until a successor is appointed.

SECTION 5.1, to be renumbered SECTION 5.01., shall be amended to read as follows:

At each Town election, a Mayor shall be chosen by the electors of the Town. Such Mayor shall
serve for a term of two (2) years and until his or her successor shall be elected and qualified and
shall take office on the second Saturday next, following the date of the Municipal election in which he
or she was elected. He or she shall be the Chief Executive Officer of the Town and shall receive such
compensation as shall be proposed by the Town Council and approved by the Annual Budget
Meeting. The position of Mayor shall be a full-time position.

SECTION 5.2, to be renumbered SECTION 5.02., shall be amended to read as follows:

The Mayor shall be directly responsible for the administration of all Departments, Boards, Agencies and
Offices in charge of persons or Boards appointed by him or her and shall supervise and direct the same.

He or she shall see that all laws and ordinances governing the Town are faithfully executed; at the
request of the Town Council, he or she shall make reports to the Town Council on all matters for which
the Town Council is responsible, and may attend its meetings with full right of participation in its dis-
cussions, except in the case of executive sessions, which he or she may attend, when invited by the
Council; he or she shall prepare and cause to be printed, as soon as possible after the close of the fis-
cal year, an Annual Town Report; he or she shall recommend to the Council, such measures as he or
she may deem necessary or expedient; he or she shall keep the Council fully advised as to the finan-
cial condition of the Town, by written monthly accounting, showing itemized appropriations, current
monthly expenditures, expenditures to date and current balances; he or she shall prepare and submit
to the Town Council, an annual financial proposal provided for in CHAPTER 8 of this Charter; he or she
shall prescribe business hours of the Town Hall for the best convenience of the public and shall exer-
cise such other powers and duties as authorized by ordinance or resolution of the Council not incon-
sistent with this Charter.

The Council shall not diminish, by ordinance, vote or otherwise, the powers and duties of the Mayor,
except those powers and duties imposed on him or her by the Council under the provisions of this Section.

SECTION 5.3, to be renumbered SECTION 5.03., shall be amended to read as follows:

Second paragraph: The Public Works Office shall have supervision and control of maintenance of all
Town owned or Town leased structures, (except such structures as are under the control of the Regional
Board of Education and the Library Board), and of the planning, surveying, constructing and reconstruct-
ing, altering, paving, repairing, maintaining, [maintenance] cleaning. lighting and inspecting of highways,
sidewalks, curbs, sewers, sewage disposal, public and private drains and other public improvements;
[Town building and] of the preservation, care and removal of trees within highways or public places; of
all engineering work of the Town; and of the collection and disposal of garbage, rubbish and ash.

Third paragraph: The Public Works Office shall have the responsibility for construction and main-
tenance of all parks and grounds used for park purposes belonging to or leased by the Town and of
buildings, structures, apparatus and equipment used in connection therewith, and shall have such
other powers and duties as the Mayor may prescribe.

SECTION 5.4(a), to be renumbered SECTION 5.04.(a), shall be amended to read as follows:

In the event of the death of the Mayor, the Town Council shall appoint a replacement within thirty
(30) days. The replacement shall be a member of the same political Party and shall serve the unex-
pired portion of the Mayor's term. The Chairperson of the Town Council shall act as interim Mayor
until the replacement is appointed and qualified.

SECTION 5.4(c), to be renumbered SECTION 5.04.(c), shall be amended to read as follows:

In the event of an absence of the Mayor, the Mayor may appoint the Prospect Town Council
Chairperson as acting Mayor and he or she shall have all the powers when acting as Mayor as pre-
scribed by the Prospect Charter, except the power of appointments.

SECTION 5.4(d), presently uncaptioned, shall be renumbered SECTION 5.04.(d), shall be titled
NON-VIOLATION, and shall be amended to read as follows:

In any case where either the Chairperson of the Town Council acts as interim Mayor as provided for
in subsection (a), or temporarily acts as Mayor as provided for in subsection (c), or any Town Council-
person is appointed to fill the vacancy as provided for in subsection (e), the Chairperson or that Town
Councilperson shall not be considered in violation of SECTION 3.01(d) of this Charter, provided that if a
Town Councilperson is appointed to fill a vacancy for the entire unexpired portion of the Mayors term,
that Councilperson must resign from the Town Council within thirty (30) days of said appointment.

SECTION 5.4(e), to be renumbered SECTION 5.04.(e), shall be amended to read as follows:

The replacement Mayor, the Chairperson while serving as interim Mayor, or the member appoint-
ed to serve as Mayor, during the disability of the Mayor, shall receive appropriate financial compensa-
tion as determined by the Town Council, but that compensation shall not exceed the compensation
which the deceased or disabled Mayor had been receiving.

CHAPTER 6 shall be amended to read as follows:

Second paragraph: In making such appointment, the Mayor shall not be deemed to be in violation
of SECTION 2.04.

Fourth paragraph: Within sixty (60) days after each Town election, the Mayor shall inform the
Council of the appointments he or she has made and in lieu of any appointment by the Mayor of any
of his or her appointees to any office under his or her jurisdiction, then, subject to the approval of
the Council, the Mayor may appoint himself or herself and shall perform the duties of such office
and shall receive no compensation for such duties.

SECTION 6.1, to be renumbered SECTION 6.01., shall be amended to read as follows:

Second paragraph: He shall appear for, and protect the rights of, the Town in all actions, suits or pro-
cedures brought by or against it or an) of its Departments, Offices, Agencies, Boards and Commissions.