Agenda

Charter Revision Commission - Agenda - Jan 21, 2026

Jan 21, 2026

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TOWN OF SIMSBURY
2025 CHARTER REVISION COMMISSION
PUBLIC HEARING NOTICE
Public Hearing Date: Wednesday, January 21, 2026 at 6:00 p.m.
Notice is hereby given pursuant to Title 7 Chapter 99 Section 7-191 of the Connecticut General
Statutes and Section 404 of the Charter of the Town of Simsbury, that the Charter Revision
Commission will hold a public hearing on Wednesday, January 21, 2026 at 6:00 p.m. in the
Tariffville Room of the Simsbury Public Library located at 725 Hopmeadow Street, Simsbury, CT
06070, to receive public comment before their completed Draft Report is submitted to the Town
Clerk and the Board of Selectmen. A copy of the Proposed Charter and Draft Report can be found
on the Town of Simsbury’s website, www.simsbury-ct.gov, on the Charter Revision
Commission’s page. Members of the public may email statements to the email:
charterrevision@simsbury-ct.gov by 12:00 p.m. on Wednesday, January 21, 2026 to have their
comments sent to the Commission. Written comments will not be read into the record at the
hearing.




2025 CHARTER REVISION COMMISSION PROPOSED CHARTER
Chapter C
CHARTER
CHAPTER I
Incorporation and General Powers
Section 101. Incorporation.
Section 102. Rights and obligations.
Section 103. General grant of powers.
CHAPTER II
Elections
Section 201. General.
Section 202. Eligibility.
Section 203. Minority representation.
Section 204. Breaking a tie.
Section 205. Vacancies: elective offices.
Section 206. Board for Admission of
Electors.
CHAPTER III
Elected Boards and Commissions
Section 301. General.
Section 302. Election and terms of office:
Town elections.
Section 303. Election and terms of office:
state elections.
CHAPTER IV
Board of Selectmen and the First
Section 401. General.
Section 402. Presiding officer,
organization, and procedure.
Section 403. General powers and duties.
Section 404. The First.
Section 405. Public hearing on and
publication of ordinances.
Section 406. Emergency ordinances.
Section 407. Automatic referendum.
Section 408. Power of initiative: ordinances
proposed to Board of
Selectmen.
Section 409. Power of overrule: ordinances
adopted by Board of Selectmen.
Section 410. Power of initiative: Town
Meeting legislative action.
Section 411. Investigation.
CHAPTER V
Town Manager and Administration of Town
Section 501. Appointment of Town
Manager.
Section 502. Duties of Town Manager.
Section 503. Appointments and term.
CHAPTER VI
Appointed Boards and Commissions
Section 601. General.
Section 602. Appointment and eligibility.
Section 603. Vacancies: appointive boards
and commissions.
Section 604. Building Code Board of
Appeals.
Section 605. Conservation Commission-
Inland Wetlands and
Watercourses Agency.
Section 606. Historic District Commission.
Section 607. Housing Authority.
Section 608. Aging and Disability Commission.
Section 609. Board of Ethics.
Section 610. Culture, Parks and Recreation
Commission.
Section 611. Open Space Committee.
Section 612. Police Commission.
Section 613. Public Building Committee.
Section 614. Water Pollution Control Authority.
Section 615. Design Review Board.
Section 616. Regional and interlocal agencies.
CHAPTER VII
Administrative Officials and Departments
Section 701. Departments and
administrative offices.
Section 702. Administrative Officials.
Section 703. Appointment and eligibility.
Section 704. Vacancies: administrative
offices.
Section 705. Administrative Official
Provisions.
Section 706. Town Attorney.
CHAPTER VIII
Finance and Taxation
Section 801. Duties of Board of Finance.
Section 802. Budget preparation.
Section 803. Capital Improvement Plan
preparation.
Section 804. Department estimates.
Section 805. Duties of Director of Finance on
the budget.
Section 806. Duties of Board of Education
on the budget.
Section 807. Duties of Board of Selectmen on
the budget.
Section 808. Duties of Board of Finance on
the adoption of the Annual
Budget.
Section 809. Emergency appropriations.
Section 810. Tax bills.
Section 811. Expenditures and accounting.
CHAPTER IX
Town Employees
Section 901. General.
Section 902. Position description.
Section 903. Salaries.
Section 904. Official bonds.
Section 905. Retirement of Town employees.
CHAPTER X
Transition and Miscellaneous Provisions
Section 1001. Transfer of powers.
Section 1002. Present employees to retain
positions.
Section 1003. Conflicts of interest.
Section 1004. Transfer of records and
property.
Section 1005. Continuation of appropriations
and Town funds.
Section 1006. Legal proceedings.
Section 1007. Existing laws and ordinances.
Section 1008. Review and amendment of
Charter.
Section 1009. Saving clause.
Section 1010. Usage.
Section 1011. Effective date.
[HISTORY: Approved by the electors of the Town of Simsbury 11-8-2016, effective 12-4-2017.1
Amendments noted where applicable.]
1. Editor’s Note: This revised Charter superseded the former Charter approved by the electorate 11-6-2012, effective 1-1-2013.
CHAPTER I
Incorporation and General Powers
Section 101. Incorporation.
All the inhabitants dwelling within the territorial limits of the Town of Simsbury, as heretofore constituted,
shall continue to be a body politic and corporate under the name of "Town of Simsbury," hereinafter called
"the Town," and as such shall have perpetual succession and may hold and exercise all powers and
privileges heretofore exercised by the Town and not inconsistent with the provisions of this 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.
Section 102. Rights and obligations.
All property, both real and personal, all rights of action and rights of every description and all securities and
liens in the Town as of the effective date of the Charter are continued. Nothing herein shall be construed to
affect the rights of the Town to collect any assessment, charge, debt, or lien. The Town shall continue to be
liable for its debts and obligations. 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
provisions that the same may be enforced by any office or agency therein named which is hereby abolished
or superseded by the creation herein of a new commission, board or office to which are granted similar
powers and jurisdiction, such contracts, bonds or undertakings shall continue in full force and effect. The
powers conferred and the duties imposed with reference to the same upon any such office or agency shall,
except as otherwise provided in this Charter, thereafter be exercised and discharged by the Town Manager
of the Town.
Section 103. General grant of powers.
In addition to all powers granted to towns under the Constitution and Connecticut General Statutes, or
which may hereafter be conferred, the Town shall have all powers specifically granted by this Charter and
all powers fairly implied in or incident to the powers expressly granted, all powers conferred by
Sections 7-148 and 7-194 of the General Statutes and by Special Acts of the General Assembly not
inconsistent with this Charter, and all other powers incident to the management of the property, government
and affairs of the Town, including the power to enter into contracts with the United States Government or
any branch thereof, the State of Connecticut or any agency or political subdivision thereof or any other
body politic or corporate not expressly forbidden by the Constitution and General Statutes. The
enumeration of particular powers in this or any other chapter of the Charter shall not be construed as limiting
this general grant of power but shall be considered as an addition thereto.
CHAPTER II
Elections
Section 201. General.
(a) Nomination and election of federal and state officers and of such elected Town 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, in the manner prescribed in the Constitution and the
General Statutes and Special Acts of the State of Connecticut applicable to the Town of Simsbury.
(b) A meeting of the Electors of the Town of Simsbury for the election of municipal officers shall be held
biennially in odd-numbered years on the first Tuesday after the first Monday of November.
Section 202. Eligibility.
No person shall be eligible for election to any Town office who is not at the time of his or her election an
Elector of the Town, as defined by Section 9-1 of the General Statutes and any person ceasing to be an
Elector of the Town shall thereupon cease to hold elective office in the Town.
Section 203. Minority representation.
Minority representation on any elective or appointive board, commission, committee or similar body of the
Town, except the Board of Selectmen, Board of Education, the Board of Ethics and the Police Commission
shall be determined in accordance with the provisions of Section 9-167a of the General Statutes. Minority
representation on the Board of Selectmen, the Board of Education, the Board of Ethics, and the Police
Commission shall be determined in accordance with the provisions of Sections 9-188 and 9-204 of the
General Statutes and Charter Section 609 and Section 612 respectively.
Section 204. Breaking a tie.
When any regular or special municipal election, primary election, or referendum conducted pursuant to the
provisions of this Charter results in a tie, an adjourned election shall be conducted in accordance with the
provisions of Section 9-332 of the General Statutes to determine who shall be elected, or in the case of
a question at referendum, whether it shall be accepted or rejected; provided, however, that this provision
shall not apply to questions at referendum which, under the provisions of this Charter or of the General
Statutes, require a minimum number of electors voting in favor of such questions in the event that the
number of electors voting in favor of such question does not equal the said minimum number required by
such provision.
Section 205. Vacancies: elective offices.
Except as provided in Section 9-221 of the General Statutes, any vacancy, except a vacancy on the Board
of Selectmen, in any elective Town office, including the Board of Education, shall be filled within forty-
five (45) days of such vacancy by appointment by the Board of Selectmen, for the unexpired portion of the
term or until the next regular municipal election, as defined in Section 9-1 of the General Statutes,
whichever shall first occur. Any vacancy on the Board of Selectmen shall be filled within thirty (30) days
of such vacancy in accordance with Section 9-222 of the General Statutes. Any such vacancy shall be filled
by the appointment of a member of the same political party as the person vacating the office in the event
said person was affiliated with a political party. Except as otherwise provided in this Charter, if there is a
regular municipal election, as defined in Section 9-1 of the General Statutes, before the expiration of
the term of any office in which a vacancy occurs, such office shall be filled until the election by
appointment as provided herein and subsequently by the election of a person to fill that office for the
remaining portion of the term, such person to take office at the time provided in Section 302 of this Charter
for the commencement of terms of office.
Section 206. Board for Admission of Electors.
The Town Clerk and the Registrars of Voters shall constitute the Board for Admission of Electors in
accordance with the provisions of Section 9-15a of the General Statutes.
CHAPTER III
Elected Boards and Commissions
Section 301. General.
(a) Except as otherwise provided in this Charter, all elected Town officers and members of the Board of
Education shall have the powers and duties prescribed for such officers in the General Statutes, and in
this Charter. In the absence of a regular member from a meeting, of a Town board or commission, the
alternate seated shall be of the same party as the absent member, when available.
(b) Terms of Office: Unless otherwise determined by the General Statutes, regular and alternate members
of all elected, regular and permanent appointed boards, commissions and agencies created by this
Charter, except the Board of Selectmen, the Board of Finance and the Board of Library Trustees, shall
serve a four year term of office beginning with the municipal election of 2027.
(c) The elected boards and commissions shall have the following members:
(1) Board of Selectmen: six (6), including the First Selectman or the First Selectwoman;
(2) Board of Education: eight (8);
(3) Board of Finance: six (6);
(4) Board of Library Trustees: nine (9);
(5) Planning Commission: six (6);
(6) Zoning Commission: six (6);
(7) Zoning Board of Appeals: six (6);
(8) Board of Assessment Appeals: three (3).
Section 302. Election and terms of office: Town elections.
At a meeting of the Electors of the Town of Simsbury to be held biennially in odd-numbered years on the
first Tuesday after the first Monday of November beginning in 2027, there shall be elected the following
officers:
(a) For a term of two (2) years:
(1) A First Selectman or First Selectwoman (hereinafter, the “First”).
(2) Five (5) members of the Board of Selectmen (hereinafter, the “Selectmen”), in accordance with
the provisions of Section 9-188 of the General Statutes.
(b) For a term of four (4) years:
(1) Four (4) members of the Board of Education, in accordance with the provisions of Section 9-204
of the General Statutes, who shall perform such duties and have such powers as are or may be
imposed or vested by the General Statutes.
(2) Three (3) members of the Planning Commission.
(3) Three (3) members of the Zoning Commission.
(4) Three (3) members of the Zoning Board of Appeals.
(5) One (1) or two (2) members of the Board of Assessment Appeals depending upon the
expiration of terms from the preceding municipal election.
(6) The alternate members of the Planning Commission depending upon the expiration of terms
from the preceding municipal election.
(7) The alternate members of the Zoning Commission depending upon the expiration of terms from
the preceding municipal election.
(8) The alternate members of the Zoning Board of Appeals depending upon the expiration of terms
from the preceding municipal election.
(c) For a term of six (6) years:
(1) Two (2) members of the Board of Finance.
(2) Three (3) members of the Board of Library Trustees.
The terms of office of all elected Town officers, elected members of Town boards and commissions, and
members of the Board of Education shall commence on the first Monday in December following the
election.
Section 303. Election and terms of office: state elections.
At the state election to be held on the first Tuesday after the first Monday of November, in 2018, and
quadrennially thereafter, there shall be elected the following officers:
(a) For a term of four (4) years:
(1) Two (2) Registrars of Voters, in accordance with Section 9-189a of the General Statutes; and
(2) A Judge of Probate for the Probate District Number 9.
The Registrars of Voters and the Judge of Probate shall perform those duties prescribed by the
General Statutes. Their terms of office shall commence in accordance with the provisions of
Sections 9-189a and 5a-18 of the General Statutes.
CHAPTER IV
Board of Selectmen and the First
Section 401. General.
There shall be a Board of Selectmen, consisting of the First and five (5) other Selectmen who shall serve
as the Town’s legislative body. No more than four (4) Selectmen shall be members of the same political
party. With the exception of the First, all Selectmen shall serve without compensation except for
reimbursement of actual expenses incurred in the performance of official duties, as authorized by the
Selectmen. The First shall appoint the Selectmen, which may include the First, to serve as ex-officio,
nonvoting members of the several regular and special Town boards, commissions, and agencies. No
Selectmen, including the First, during the term of office for which he or she has been elected and for one
(1) year thereafter, shall be eligible for appointment to any salaried office or position of profit with the Town
which has been created or established during his or her term of office.
Section 402. Presiding officer, organization, and procedure.
(a) With the First presiding, the Selectmen shall meet after each municipal election on the first Monday in
December for purposes of organization. At the biennial organizational meeting, the First shall appoint,
from the Selectmen, a Deputy First who shall serve as Acting First in accordance with the provisions
of Section 404 of this Charter. The First shall appoint Selectmen to the following subcommittees:
public safety, personnel, finance, and such other subcommittees as may be established by the
Selectmen.
(b) At the organizational meeting of the Selectmen, the Selectmen shall, by resolution, fix the time and
place of its regular meetings and provide a method for calling of special meetings, all such meetings
to be held in accordance with the provisions of Section 1-225 of the General Statutes. The First shall
file with the Town Clerk, not later than the time required by Section 1-225 of the General
Statutes, the schedule of regular meetings of the Selectmen for the ensuing year.
(c) The First shall preside over all other meetings of the Selectmen and perform such other duties consistent
with the office as may be imposed by the Selectmen. The Selectmen shall, by resolution, determine
their own rules of procedure. All meetings of the Selectmen for the transaction of business except
executive sessions as defined in Subsection (6) of Section 1-200 of the General Statutes shall be open
to the public and shall afford to the Electors of the Town an opportunity to address to the Selectmen
suggestions, petitions, and complaints. The Board may convene in executive session in accordance with
Section 1-225 of the General Statutes upon an affirmative vote of two-thirds (2/3) of the Selectmen
present and voting. The votes of all meetings shall be recorded as prescribed by Section 1-225 of the
General Statutes. Four (4) Selectmen shall constitute a quorum.
(d) Except as specifically otherwise provided in Sections 407, 503, 602, 803, 801, 810 and 1008 of this
Charter or as specifically directed by statute, any other action, including any resolution, may be adopted
by an affirmative vote of a majority of those Selectmen present, provided those present constitute a
quorum. No ordinance, including an emergency ordinance, shall be adopted by the Selectmen by fewer
than four (4) affirmative votes.
Section 403. General powers and duties.
(a) The Board of Selectmen shall have all the powers and duties hereinafter conferred upon the Selectmen
and all those powers and duties which, on the effective date of this Charter were conferred by law upon
Boards of Selectmen, except as otherwise specifically provided in this Charter.
(b) The legislative authority of the Town shall be vested, except as otherwise specifically provided in
Section 410 of this Charter, exclusively in the Selectmen. The Selectmen shall have the power to
enact, amend, or repeal ordinances not inconsistent with the provisions of this Charter or the General
Statutes, and may by ordinance create, consolidate, or abolish boards, commissions, and offices not
specifically authorized in this Charter, provided further that nothing herein shall be construed to prohibit
the Selectmen from appointing, by resolution, special or temporary boards, commissions, or committees
as it may from time to time deem necessary and appropriate to the operation of the Town government,
but in such event, the term of any such special or temporary boards, commissions, or committees shall
not exceed two (2) years.
(c) Except as otherwise provided in the Charter, the Selectmen may contract for services and the use of
facilities with the United States Government or any agency thereof, or may, by agreement, join with
any such political subdivisions to provide services and facilities in accordance with the applicable
provisions of the General Statutes, and the Selectmen shall exercise and discharge the powers and
duties of the Flood and Erosion Control Board and may assign such duties to the Zoning Commission,
Planning Commission, and Inland/Wetlands Commission for planning and enforcement purposes as the
Selectmen deems appropriate. The Selectmen are authorized to apply for and accept on behalf of the
Town, state, or federal grants. The Selectmen may delegate the authority to apply for such grants to the Town
Manager according to criteria they may establish. The Selectmen shall conduct an annual performance review of
the Town Manager, administered by the First, of the duties outlined in Section 502 of this Charter.
(d) The Selectmen are authorized, in adopting ordinances, to incorporate any nationally recognized code,
rules, or regulations which have been published, or any code officially adopted by any administrative
agency of the state, or any portion thereof, by reference thereto in such ordinance provided, upon
adoption of any such ordinance wherein any such code, rules, or regulations or portions thereof have
been incorporated by reference. There shall be maintained two (2) copies of such code, rules or
regulations in the office of the Town Clerk for examination by the public. The Selectmen shall review
the Code of Ordinances from time to time, but no less than every four years, to determine the relevancy
and efficacy of the various provisions of the Code. The Selectmen may fix the charges, if any, to be made
for services rendered by the Town or for the execution of powers vested in the Town as provided in
Chapter I of this Charter.
(e) Neither the Board of Selectmen nor any Selectmen shall direct or request the appointment of any person
to any office or employment which office or employment, by the provisions of this Charter, the Town
Manager or any of his appointees are empowered to fill by appointment, provided the Town Manager
may seek advice from the Selectmen. The Selectmen shall deal with the administrative service as
defined by Sections 503 and 701 of this Charter solely through the Town Manager and neither the Board
nor any Selectmen shall give orders to any of the subordinates of the Town Manager either publicly or
privately, provided a properly constituted meeting of the Selectmen, which the Town Manager has been
invited to attend, may call before it any employee or officer for the purposes of investigation.
Notwithstanding the forgoing, this section does not prohibit the First, or the Chairs of any elected or
appointed boards and commissions, from requesting and obtaining, in a timely fashion, information,
data, or reports required for the conduct of said board and commission duties.
Section 404. The First.
(a) The First shall be the chief elected officer of the Town and shall receive a stipend as established for
each term of office by the Selectmen in accordance with the General Statutes. The First shall not receive
any form of compensation or be eligible for any employee benefits as defined in the Town Personnel
Rules, including but not limited to pension benefits, health care benefits, vacation, accrual of vacation,
sick days, accrual of sick days, personal days, or any other form of employee benefit.
(b) The First shall be a full voting and participating member of the Board of Selectmen and shall preside,
when present, at meetings of the Selectmen.
(c) The First shall be the primary spokesperson for, and the representative of, the Town. The First may
delegate responsibility for administrative communications to Administrative Officials and employees.
(d) The First shall have primary responsibility for the Selectmen’s supervision of the Town Manager and
for communications between the Selectmen and the Town Manager. The First may give instructions,
subject to Section 502 of this Charter, to the Town Manager between meetings of the Selectmen.
(e) The First shall chair the Selectmen's Personnel Subcommittee. The First or their designee, as provided
in Section 401 of this Charter, shall be an ex-officio member of all other Town boards, commissions,
and agencies, but without power to vote.
(f) The First shall, whenever a public emergency, as defined in the General Statutes, occurs or threatens to
arise involving lives or property within the Town, be able to declare a state of emergency and direct the
Town Manager to mobilize, organize, and direct the forces of the Town and to call upon and cooperate
with the forces of the federal government, the state, and other political subdivisions.
(g) In addition to the duties and responsibilities of the First as the Presiding Officer of the Board of
Selectmen outlined in Section 402 herein, the First shall have all the powers, duties and responsibilities
conferred or imposed on that office by the General Statutes or by Special Act except insofar as the same
are inconsistent with the provisions of this Charter and perform such other duties consistent with that
office as may be imposed by the Selectmen, as are reasonably necessary for the proper discharge of its
responsibilities.
(h) The Deputy First shall serve as Acting First in the event of the temporary absence or inability of the
First.
Section 405. Public hearing on and publication of ordinances.
(a) Except as otherwise specifically provided in this Charter, no ordinance shall be acted upon by the
Selectmen pursuant to the provisions of this chapter until and unless one (1) public hearing on such
ordinance shall have been held by the Selectmen. Notice of such public hearing shall be given by the
Selectmen at least seven (7) days in advance by publication in a newspaper having general circulation
in the Town, or in such other manner as prescribed in the General Statutes, by posting a notice in a
public place, and by publishing a notice on the Town’s website. Copies of such proposed ordinance
shall be made available for public inspection at the Town Clerk's office at least seven (7) days in
advance of said public hearing.
(b) If substantive changes, as determined by the Town Attorney, are made in any such proposed ordinance
subsequent to the public hearing required under the provisions of this section, a second public hearing
shall be held on such proposed ordinance prior to final action by the Selectmen.
(c) Every ordinance, after passage, shall be filed by the Town Clerk, and recorded, compiled, and published
as required by law. Within ten (10) days after final passage, each ordinance so passed shall be published
once in its entirety or in summary form as authorized in General Statutes Section 7-157 in a newspaper
having general circulation within the Town. Each ordinance, unless it shall specify a later date, shall
become effective on the twenty-first day after such publication following its passage.
Section 406. Emergency ordinances.
For the purpose of meeting a public emergency threatening the lives, health, or property of persons,
emergency ordinances stating the facts constituting such public emergency shall become effective
immediately, and such ordinances shall be promulgated forthwith. No public hearing or notice of public
hearing shall be required for any public emergency ordinance. Every such emergency ordinance, including
any amendments thereto, shall automatically stand repealed at the termination of the sixty-first day
following final passage of the ordinance; provided, however, that if action has been initiated on the same
subject matter providing for a permanent ordinance under Section 405 of this chapter prior to such sixty-
first day, then such emergency ordinance shall remain in full force and effect until final action is taken on
the permanent ordinance.
Section 407. Automatic referendum.
The adoption of the Annual Budget, as defined in Section 802, and any matter which involves an
expenditure amount in excess of two percent (2%) of the Annual Budget for the then current fiscal year or
Town Meeting action initiated under Section 410 and which involves an amount in excess of one percent
(1%) of the Annual Budget for the then current fiscal year shall be subject to an automatic referendum by
all qualified voters of the Town of Simsbury on a date set by the Selectmen. In the case of the automatic
referendum for adoption of the Annual Budget, the referendum shall be held from fourteen (14) to twenty-
one (21) days following the filing of the Annual Budget with the Town Clerk in accordance with Section
808. The polls in such referendum shall be open between 6:00 a.m. and 8:00 p.m.. Any motion at a
Selectmen Meeting dealing with a referendum matter which seeks to reduce the amount of such referendum
matter shall require a two-thirds (2/3) vote of all the Selectmen.
Section 408. Power of initiative: ordinances proposed to Board of Selectmen.
The Electors of the Town shall have the power to propose ordinances or to propose the repeal of existing
ordinances in the following manner:
(a) A petition may be filed by any Elector of the Town with the Town Clerk and, except as otherwise
provided herein, such petition shall conform to the requirements of Sections 7-9 and 7-9a of the General
Statutes;
(b) The petition shall contain the full text of the ordinance proposed or of the ordinance proposed to be
repealed and shall be signed in ink or indelible pencil by qualified Electors of the Town equal in number
to at least five percent (5%) of the total Electors of the Town as determined from the latest official lists
of the Registrars of Voters;
(c) The petition shall be accompanied by affidavits signed and sworn to or affirmed before a notary public,
justice of the peace, commissioner of the superior court or other person authorized to administer oaths
or affirmations pursuant to Sections 1-24 or 1-24a of the General Statutes by each circulator as provided
in said Section 7-9;
(d) The Town Clerk shall determine whether the petition and affidavits are sufficient as prescribed by law,
shall keep a cumulative count of the number of signatures filed with each page of the petition, and
within seven (7) business days after receipt of the page bringing the number of valid signatures included
in the petition to the number required by Subsection (b) of this section, shall so certify to the Selectmen;
no signatures submitted more than thirty (30) days after the submission of the first page of the petition
shall be counted by the Town Clerk as prescribed herein; if upon such thirtieth (30th) day the petition
remains insufficient, it shall have no force or effect;
(e) If the Selectmen fail to adopt, without any substantive change, an ordinance so proposed, or fail to
repeal an ordinance proposed for repeal within thirty (30) days after a petition making such a proposal
shall have been certified to the Selectmen as provided herein, a second petition may be filed within
thirty (30) days of the end of the period in which the Selectmen have to act on the proposed ordinance
by any Elector of the Town with the Town Clerk in accordance with the provisions outlined in
Subsections (a), (b), (c) and (d) of this section;
(f) Upon receipt of the certification by the Town Clerk of the second petition, the Selectmen shall call a
special Town referendum, at which referendum all Electors of the Town as determined from the latest official lists
of the Registrars of Voters shall be eligible to vote, to be held within sixty (60) days after the certification of such
second petition; provided, however, if a regular election, as defined by Section 9-1 of the General Statutes, shall
occur within ninety (90) days of the certification of such second petition, such proposed ordinance shall be placed
on the ballot at the regular election; the polls in any special Town referendum called pursuant to this section shall be
open between 6:00 a.m. and 8:00 p.m.; and
(g) Such proposed ordinance shall become effective, or such ordinance proposed for repeal shall be deemed
repealed, upon approval by a majority of those Electors voting thereon, provided such number of
Electors approving said ordinance is equal to at least ten percent (10%) of the total Electors of the
Town, as determined from the latest official lists of the Registrars of Voters.
(1) The ordinance shall become effective on the twenty-first day after publication in accordance
with the provisions of Section 405 of this chapter; provided, however, that the ordinance shall
be considered approved upon certification of the results of the voting thereon regardless of any
defect in the petition submitted in accordance with the provisions herein. No ordinance which
shall have been adopted or repealed by referendum in accordance with the provisions of this
section may be repealed, amended or reenacted by the Board of Selectmen during its then
current term of office.
Section 409. Power of overrule: ordinances adopted by Board of Selectmen.
All ordinances adopted by the Selectmen pursuant to the provisions of this chapter, except emergency
ordinances adopted in accordance with the provisions of Section 406 of this chapter, shall be subject to
overrule by a special Town referendum in the following manner:
(a) If, within fifteen (15) days after the publication of any such ordinance, a petition conforming to the
requirements of Sections 7-9 and 7-9a of the General Statutes and signed in ink or indelible pencil by
qualified Electors of the Town equal in number to at least five percent (5%) of the total Electors of the
Town as determined from the latest official lists of the Registrars of Voters, is filed with the Town Clerk
requesting its reference to the Town voters at a special referendum, the effective date of such ordinance
shall be suspended;
(b) The petition shall be accompanied by affidavits signed and sworn to or affirmed before a notary public,
justice of the peace, commissioner of the superior court or other person authorized to administer oaths
or affirmations pursuant to Sections 1-24 or 1-24a of the General Statutes by each circulator as provided
in the Section 7-9;
(c) The Town Clerk shall determine whether the petition and affidavits are sufficient as prescribed by law,
shall keep a cumulative count of the number of signatures filed with each page of the petition, and
within seven (7) business days after receipt of the page bringing the number of valid signatures included
in the petition to the number required by Subsection (a) of this section, shall so certify to the Board of
Selectmen;
(d) If, within thirty (30) days of the certification of the petition by the Town Clerk, the Selectmen fail to
repeal such ordinance, they shall then fix the time and place of such special referendum, at which
referendum all Electors of the Town as determined from the latest official lists of the Registrars of
Voters shall be eligible to vote, which shall be held within forty-five (45) days of the end of the period in
which the Selectmen have to reconsider such ordinance, and notice thereof shall be given in the manner
provided by law for the calling of a Town referendum; provided, however, if a regular election, as
defined by Section 9-1 of the General Statutes shall occur within ninety (90) days of the end of the
period in which the Selectmen have to reconsider the ordinance, such proposed overrule action shall be
placed on the ballot at the regular election. The polls in any special Town referendum called pursuant
to this section shall be open between 6:00 a.m. and 8:00 p.m..
An ordinance so referred shall take effect upon the conclusion of such referendum unless a majority of
those persons voting thereon, such majority being equal to at least ten percent (10%) of the qualified
Electors of the Town, as determined from the latest official lists of the Registrars of Voters, shall have voted
in favor of overruling such ordinance, and in such event said ordinance so referred shall be deemed null,
void, and repealed upon the conclusion of such referendum.
Section 410. Power of initiative: Town Meeting legislative action.
(a) The Electors of the Town shall have the power to require a call of a Town Meeting pursuant to the
procedures set forth in Chapter 90 of the General Statutes not inconsistent with this Charter for the
following purposes:
(1) The authorization of bonds and all other forms of financing, the term of which is in excess of
one (1) year;
(2) Any appropriations supplemental to those provided in the Annual Budget other than those
which may be authorized by the Board of Finance pursuant to Section 801 of this Charter;
(3) Authorization of any sale of real estate, lease, license, or development involving a sale price in
excess of one percent (1%) of the Annual Budget for the then current fiscal year;
(4) Authorization of acceptance of state or federal grants for an amount in excess of one percent
(1%) of the Annual Budget for the then current fiscal year;
(5) The creation of any permanent board, commission, or agency not otherwise provided for in this
Charter;
(6) Real estate licenses, leases and/or lease options to which the Town is party, which involve a
term in excess of ten (10) years; or which involve a financial obligation of the Town over the
term of the lease in excess of one percent (1%) of the Annual Budget for the then current fiscal
year;
(7) Proposals for municipal improvements disapproved by the Town Planning Commission
pursuant to the provisions of Section 8-24 of the General Statutes; and
(8) Authorization of any purchase or acquisition of real estate valued in excess of one percent (1%)
of the Annual Budget for the then current fiscal year.
(b) A petition may be filed by any Elector of the Town with the Town Clerk and, except as otherwise
provided herein, such petition shall conform to the requirements of Section 7-9 and 7-9a of the General
Statutes;
(c) The petition shall contain the full text of the call of the Town meeting proposed and shall be signed in
ink or indelible pencil by qualified Electors of the Town equal in number to at least five percent (5%)
of the total Electors of the Town as determined from the latest official lists of the Registrars of Voters;
(d) The petition shall be accompanied by affidavits signed and sworn to or affirmed before a notary public,
justice of the peace, commissioner of the superior court or other person authorized to administer oaths
or affirmations pursuant to Sections 1-24 or 1-24a of the General Statutes by each circulator as provided
in said Section 7-9;
(e) The Town Clerk shall determine whether the petition and affidavits are sufficient as prescribed by law,
shall keep a cumulative count of the number of signatures filed with each page of the petition, and
within seven (7) business days after receipt of the page bringing the number of valid signatures included
in the petition to the number required by Subsection (b) of this section, shall so certify to the Selectmen;
no signatures submitted more than thirty (30) days after the submission of the first page of the petition
shall be counted by the Town Clerk as prescribed herein; if upon such thirtieth (30th) day the petition
remains insufficient, it shall have no force or effect; and
(f) Within thirty (30) days of the certification of the petition by the Town Clerk, the Selectmen shall then
fix the time and place of such Town meeting, at which Town meeting all Electors of the Town as
determined from the latest official lists of the Registrars of Voters shall be eligible to vote, which shall
be held on the date fixed by the Selectmen but in no event shall such date be more than ninety (90) days
of the certification and notice thereof shall be given in the manner provided by law for the calling of a
Town meeting. Any Town Meeting called for the purposes set forth in this Section 410 shall be the
final legislative authority for the matters included in the call.
Section 411. Investigation.
The Selectmen shall have the power to investigate any and all offices, boards, commissions, and agencies
of the Town and for such purposes shall have the power to call witnesses to appear before the Selectmen to
testify and to furnish documentation on any matter under investigation; provided, a properly constituted
meeting of the Selectmen may call before it any employee or officer for the purpose of information or
investigation.
CHAPTER V
Town Manager and Administration of Town
Section 501. Appointment of Town Manager.
(a) The Selectmen shall appoint a Town Manager who shall be the chief executive and the administrative
official of the Town and shall serve at the pleasure of the Selectmen. The Town Manager shall
be appointed on the basis of executive and administrative qualifications, character, education, training,
and experience. The Town Manager shall devote full working time to the duties of the office.
(b) The Town Manager shall be responsible to the Selectmen for carrying out all acts and policies of the
Selectmen, and all resolutions and ordinances adopted by the Town. The Town Manager shall also be
responsible for the administration of the Town consistent with the policies established by the Selectmen
and for carrying out such other duties and responsibilities as set forth in this Charter.
(c) The compensation and benefits of the Town Manager shall be fixed by the Selectmen.
Section 502. Duties of Town Manager.
(a) The duties of the Town Manager shall be defined in a position description to be approved from time to
time by the Selectmen. Those duties shall include at least the following:
(1) Ensure that all laws and ordinances governing the Town are faithfully executed;
(2) Make periodic reports to the Selectmen;
(3) Attend Selectmen meetings with full right of participation in its discussion but without a right
to vote;
(4) Submit to the Selectmen and make available to the public complete reports on the finances and
on the administrative activities of the Town as of the end of each fiscal year;
(5) Make recommendations to the Selectmen concerning the affairs of the Town and facilitate the
work of the Selectmen in developing policy;
(6) Keep the Selectmen fully advised as to the financial condition and anticipated future financial
needs of the Town;
(7) Prepare and submit to the Selectmen an annual Town Budget;
(8) At the time of an emergency or disaster, expend the necessary funds to assure the smooth
operation of Town business and the health, safety and well-being of the Town and its residents,
consistent with Section 809 of this Charter;
(9) Assist the Selectmen to develop long-term goals and strategies to implement such goals;
(10) Encourage and provide staff support for regional and intergovernmental cooperation;
(11) Promote partnerships and collaborations among the Selectmen, staff, residents, and taxpayers
in developing public policy and building a sense of community;
(12) Assist the Board of Finance in the preparation of the annual Town report;
(13) Provide such resources, information, analysis, staffing, and support to all elected boards and
commissions as such boards and commissions require to fulfill their duties under state law, and
the Charter, and to meet state-mandated filing deadlines;
(14) Pursuant to General Statutes Section 28-8a, exercise such powers and perform such other duties
as may be required, or directed by the First in accordance with Section 404(f) of this Charter,
during an emergency to mitigate a major disaster or emergency;
(15) Within thirty (30) days prior to the date on which the Town Manager is to commence
negotiations pursuant to General Statutes Section 7-473b(a), the Town Manager shall meet and
confer with the Selectmen, and the Board of Finance, concerning the upcoming negotiations;
(16) When the Charter requires an Administrative Official, as defined and outlined in Sections 702
and 705 herein, to provide staff support to a Town board or commission, the Town Manager
shall consult with the Chair of the appropriate board and commission for the annual
performance review process of that respective board or commission’s assigned Administrative
Official; and
(17) Exercise such powers and perform such other duties as may be required by ordinance or
resolution of the Selectmen not inconsistent with this Charter.
(b) Administration: The Town Manager shall be subject to the direction of the Selectmen for the
supervision, direction, and administration of all Town departments, agencies, and offices. The Town
Manager shall administer and coordinate the operations of the departments, agencies and offices,
whether appointed by the Selectmen or elected, except those functions expressly reserved or delegated
to such bodies of law, in accordance with the provisions of Chapter IV of this Charter.
(c) Personnel: The Town Manager shall have the responsibility for developing position descriptions for all
administrative officers, subject to the approval of the Selectmen. The Town Manager may appoint and
remove administrative officers, and Administrative Officials, in accordance with the provisions of
Chapter VII of this Charter. With the exceptions identified in this Section, all advertising for, hiring,
and dismissal of Town employees shall be under the Town Manager’s direct control, subject to the
approval of the Selectmen and the provisions of Chapter IX of this Charter. Appointment and removal
of officers and employees of the Police Department shall be governed by the provisions of Section 612
of this Charter, and appointment and removal of Education employees shall be governed by the
provision of Chapter 170 of the General Statutes.
(d) Contracts: The Town Manager may, with the approval of the Selectmen, consistent with policies
established by the Selectmen, and subject to such other limitations as are contained in this Charter and
in the General Statutes, enter into contracts or agreements with the United States Government or any
agency thereof, the State of Connecticut or any agency or political subdivision thereof, any person, or
any other body politic or corporate.
Section 503. Appointments and term.
(a) The Town Manager shall appoint and may remove, each such action with the approval of a majority of
all the Selectmen, and in accordance with such provisions of the General Statutes as may apply to the
appointments and removals, such administrative officers, and Administrative Officials, as are assigned to
the Town Manager for appointment by the several provisions of this Charter, and such other assistants
or employees as may be required pursuant to the performance of the Town Manager's duties, subject to
such rules and regulations concerning Town employees as may be adopted by the Selectmen pursuant to
the provisions of Chapter IX of this Charter.
(b) The terms of all Administrative Officials not specifically listed in Section 702 hereof shall terminate on
the same day as the term of the Town Manager, provided such appointees shall continue to serve until
their successors are appointed and qualified. The Town Manager may, subject to the approval of the
Selectmen, perform the duties of any office under the Town Manager's jurisdiction; provided, however,
that the Town Manager is, in the opinion of the Selectmen, otherwise qualified to perform such duties.
(c) In case of inability or temporary absence of the Town Manager or vacancy in the office of the Town
Manager, the Selectmen may designate an Acting Town Manager, except the Town Manager may
designate an Acting Town Manager for temporary absences not to exceed fifteen (15) days consistent
with policies established by the Selectmen.
CHAPTER VI
Appointed Boards and Commissions
Section 601. General.
All members of appointed boards and commissions shall serve without compensation, except for the
reimbursement of necessary expenses as outlined by the Selectmen or as otherwise provided by law and
shall serve until their successors have been appointed and qualified. Such boards and commissions shall have
the powers conferred by law and by the provisions of this Charter upon their respective offices. Upon
recommendation of the Chair of any appointed board or commission, the Selectmen, upon the affirmative
vote of at least four (4) Selectmen, may remove any regular or alternate member if such member is absent
from three (3) consecutive regularly scheduled meetings of such board or commission or from more than
forty percent (40%) of the regular and special meetings of such board or commission during the preceding
twelve (12) months.
(a) There shall be the following permanent regular Town boards and commissions appointed by the
Selectmen with the exception of the Design Review Board which shall be appointed by the Zoning
Commission:
(1) Building Code Board of Appeals;
(2) Conservation Commission-Inland Wetlands and Watercourses Agency;
(3) Historic District Commission;
(4) Housing Authority;
(5) Aging and Disability Commission;
(6) Board of Ethics;
(7) Culture, Parks and Recreation Commission;
(8) Open Space Committee;
(9) Police Commission;
(10) Public Building Committee;
(11) Water Pollution Control Authority; and
(12) Design Review Board.
(b) Members of permanent boards and commissions created by Town Meeting pursuant to Section 410 of
this Charter shall be appointed by the Selectmen.
(c) Permanent or special boards and commissions may be appointed from time to time by the Selectmen in
accordance with Section 403 of this Charter.
(d) All elected and appointed boards and commissions, as part of their rules of procedure, unless prohibited
by state law, shall allow for public audience at all regular and special meetings.
Section 602. Appointment and eligibility.
All members of such Town boards and commissions as are described in Section 601 of this chapter shall be
appointed in accordance with the provisions of Sections 203 and 301(b) of this Charter. Except as provided
in Section 604, the Selectmen shall appoint, by an affirmative vote of not fewer than four (4) Selectmen,
such regular Town boards and commissions as are described in Section 601 of this chapter by resolution
adopted at a meeting to be held not later than the thirty first day of January following the first regular
municipal election held under the provisions of this Charter. No person shall be eligible for appointment to
any regular Town board or commission, except the Building Code Board of Appeals, who is not at the time of his
or her appointment an Elector of the Town and any person ceasing to be an Elector of the Town, shall thereupon
forfeit their membership on the board or commission. All persons appointed to boards, commissions, and agencies
created under Section 403 of this Charter or by action of the Special Town Meeting pursuant to Section 410 of
this Charter shall serve staggered terms as defined by the Selectmen.
Section 603. Vacancies: appointive boards and commissions.
Any vacancy on any appointive Town board or commission, from whatever cause arising, shall be filled by
appointment by the appointing authority to such office for the unexpired portion of the term vacated. Any
such vacancy shall be filled by the appointment of a member of the same political party as the person
vacating the office in the event the person was affiliated with a political party.
Section 604. Building Code Board of Appeals.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this chapter and Section
29-266 of the General Statutes, a Building Code Board of Appeals consisting of five (5) members and two
(2) alternates. The members shall serve for terms of five (5) years. The alternates shall serve for a two-year
term. Annually, thereafter, the Selectmen shall appoint members and alternates to the Building Code Board
of Appeals depending on the number of members or alternates whose term expires. The Board shall have
all the powers and duties not inconsistent with this Charter, as are now or may hereafter be conferred or
imposed upon such boards by Chapter 541 of the General Statutes.
Section 605. Conservation Commission-Inland Wetlands and Watercourses Agency.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this chapter, a
Conservation Commission-Inland Wetlands and Watercourses Agency consisting of seven (7) members
and two (2) alternates. The members shall serve for terms of four (4) years. The Selectmen shall appoint
members to the Agency depending on the number of members whose terms expire. Alternates shall serve for
a term of four (4) years. The Commission shall have all the powers and duties, not inconsistent with this
Charter, as are now or may hereafter be conferred or imposed upon such Commissions and on Town Forest
Commissions by Sections 7-131, 7-131a, 22a-42 and 22a-42a of the General Statutes.
Section 606. Historic District Commission.
The Historic District Commission existing on the effective date of this Charter is hereby designated the
Historic District Commission of the Town under this Charter. The Commission shall consist of five (5)
regular and three (3) alternate members, who shall serve for terms of five (5) years, and who shall hold no
salaried municipal office. The Selectmen shall appoint all members and alternates to the Commission,
whose terms shall be so arranged that the term of at least one (1) member shall expire each year, and their
successors shall be appointed in like manner for terms of five (5) years. The Historic District Commission
shall work to perpetuate and preserve the historic features of Simsbury and to promote the educational,
cultural, economic, and general welfare of the public through the preservation and protection of the
distinctive characteristics of buildings and places associated with the history of or indicative of a period of
style of architecture of Simsbury, of Connecticut, or of the nation. The Commission shall have all the
powers and duties now or hereafter conferred or imposed upon such commissions by Chapter 97a, Section
7-147a-k of the General Statutes.
Section 607. Housing Authority.
The Housing Authority existing on the effective date of this Charter is hereby designated the Housing
Authority of the Town under this Charter. The Authority shall consist of five (5) members, who shall serve
for terms of five (5) years. The Selectmen shall appoint a successor to each such member, such successor
to serve for a term of five (5) years. The Authority shall have all the powers and duties now or hereafter
conferred or imposed upon such authorities by Chapter 128 of the General Statutes.
Section 608. Aging and Disability Commission.
The Selectmen shall establish in accordance with the provisions of Section 602 of this chapter an Aging
and Disability Commission. The Selectmen shall by ordinance determine the number of members on the
Commission and their terms of office which shall not exceed four (4) years. The Commission shall be
responsible for investigating the needs of the citizens of the Town of Simsbury in the areas of aging and
the disabled and shall assist public and private agencies in the implementation of programs and facilities
for such needs. The Commission shall have such other powers and duties not inconsistent with this Charter
as may be prescribed by the Selectmen.
Section 609. Board of Ethics.
The Selectmen shall appoint, in accordance with Section 602 of this chapter and Section 7-148h of the
General Statutes, a Board of Ethics consisting of six (6) members, two (2) of whom shall be registered
Republicans, two (2) of whom shall be registered Democrats and two (2) of whom shall be unaffiliated
voters. The members of the Board shall serve for four (4) year terms. The Selectmen shall appoint members
to the Board depending on the number of members whose terms expire. However, the members so appointed
shall be of the same political affiliation as the member or members whose term expires. The Board shall
have all the powers and duties, not inconsistent with this Charter, as are now or hereafter confirmed or
imposed upon such Board by Section 7-148h of the General Statutes or by the Selectmen.
Section 610. Culture, Parks and Recreation Commission.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this chapter, a Culture,
Parks and Recreation Commission consisting of nine (9) members, the members to serve for terms of four
(4) years. The Selectmen shall appoint members of the Commission depending on the number of members
whose terms expire. The Commission shall have all the powers and duties, not inconsistent with this
Charter, as are now or may hereafter be conferred or imposed upon such commissions and on Town Forest
Commissions by the applicable provisions of the General Statutes and such other duties as may be
prescribed by the Selectmen.
Section 611. Open Space Committee.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this Charter, an Open
Space Committee to assist and advise the Selectmen in identifying and evaluating land deemed suitable for
acquisition and preservation, and in administering the fund for land acquisition and preservation. The
Committee shall consist of the First, Chair of the Planning Commission, Chair of the Conservation
Commission, Chair of the Zoning Commission, Chair of the Culture, Parks and Recreation Commission, or
their designee from the applicable board or commission, and three (3) other members to be appointed by
the Selectmen. The Committee shall have such other powers, duties, and procedures not inconsistent with
this Charter as may be prescribed by the Selectmen.
Section 612. Police Commission.
The Police Commission shall have the powers and duties as provided in this section.
(a) Membership and Term. The Selectmen shall appoint, in accordance with the provisions of Section 602
of this chapter , a Police Commission consisting of five (5) members, who shall serve for terms of four
(4) years. Not more than two of the members may be members of the same political party or the same
political registration. The Selectmen shall appoint members to the Commission depending on the
number of members whose terms then expire.
(b) Chairperson. The Police Commission shall annually (at its first meeting in each calendar year) elect
from its members a Chairperson and a Clerk. The Chairperson shall serve as the Police Commission’s
liaison to the Police Chief and to the Selectmen.
(c) Policies. The Police Commission shall be responsible for establishing Police Department policies.
(d) Citizen Matters. The Police Commission shall be responsible for maintaining good relations between
the Police Department and the Simsbury community and may review citizen complaints against
members of the Police Department in accordance with procedures established and published by the
Police Commission. On at least a biennial basis, the Commission shall review its policy and procedure
for handling citizen complaints.
(e) Budget. The Police Commission shall submit a proposed budget for the Police Department to the Town
Manager and shall have an opportunity to address the Selectmen regarding its proposed budget.
(f) Personnel Matters. After receiving and considering comments from the Chief of Police, and subject to
legal requirements and rules and regulations as may be adopted by the Selectmen pursuant to the
provisions of Chapter IX of this Charter, the Police Commission shall be responsible for the
appointment, promotion, and removal of all officers and employees of the Police Department (including
the Animal Control Officer whose appointment shall be subject to the approval of the Town Manager
and whose powers and duties shall be as provided in the General Statutes).
(g) Collective Bargaining. Prior to commencing negotiations, the Town’s bargaining committee shall meet
and confer with the Selectmen, Board of Finance, and Police Commission regarding issues to be raised
in the negotiations. Collective bargaining for the Police Department shall be conducted pursuant to
procedures mutually agreed to by the Selectmen and by the Police Commission with the Selectmen
retaining final authority for the approval of any collective bargaining.
(h) Other Duties. The Police Commission shall perform other duties as may be assigned by the Selectmen.
Section 613. Public Building Committee.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this chapter, a Public
Building Committee consisting of nine (9) members, who shall serve for terms of four (4) years. The
Selectmen shall appoint members to the Committee depending on the number of members whose terms
expire. The Committee shall have all the powers and duties with regard to all public buildings, not
inconsistent with this Charter, as are now or may hereafter be conferred or imposed upon such Committee
by the General Statutes or by the Selectmen, including but not limited to responsibilities related to school
buildings whether or not described in Section 10-291 of the General Statutes.
Section 614. Water Pollution Control Authority.
The Selectmen shall appoint, in accordance with the provisions of Section 602 of this charter, a Water
Pollution Control authority consisting of seven (7) members, who shall serve for terms of four (4) years.
The Selectmen shall appoint members to the Authority depending on the number of members whose terms
expire. The Authority shall have all the powers and duties, not inconsistent with this Charter as are now or
may hereafter be conferred or imposed upon such authorities by Chapter 103 of the General Statutes and
such other duties as may be prescribed by the Selectmen.
Section 615. Design Review Board.
The Zoning Commission shall appoint a Design Review Board which shall consist of six (6) regular
members and up to four (4) alternate members. The qualifications of the members shall be determined
by the Zoning Commission. The duties of the Design Review Board shall be to advise the Zoning
Commission via reports on each application for non-residential development, and advise the Planning
Commission on best land use planning practices in the Planning Commission's work in adopting or updating
the Simsbury Plan of Conservation and Development.
Section 616. Regional and interlocal agencies.
The Town shall continue to participate in such regional and interlocal agencies and programs as authorized
by ordinances adopted pursuant to the applicable provisions of the General Statutes, as amended. Nothing
in this chapter shall be construed as limiting the authority of the Town by action of the Selectmen, to continue
or discontinue such participation or join new, regional programs, as authorized by the General Statutes.
CHAPTER VII
Administrative Officials and Departments
Section 701. Departments and administrative offices.
The Selectmen may create or eliminate such administrative offices and departments as it from time to time
may deem appropriate and necessary for the best interests of the Town, except as provided by law. The
Town Manager may adjust reporting structure as they from time to time may deem appropriate and
necessary for the best interests of the Town.
Section 702. Administrative Officials.
The Town Manager shall appoint and may remove, each such action to be taken with the approval of the
Selectmen, the following Administrative Officials, each of whom shall serve for an indefinite term (unless
otherwise established by Section 705 or if the position is covered by a collective bargaining agreement).
(a) Statutory:
(1) Town Clerk;
(2) Director of Finance-Treasurer;
(3) Tax Collector;
(4) Tax Assessor;
(5) Director of Civil Preparedness/Emergency Management Director; and
(6) Building Official.
(b) Directors:
(7) Director of Culture, Parks and Recreation;
(8) Director of Community Planning and Development/Town Planner; and
(9) Director of Public Works.
(c) Municipal:
(10) Conservation, Inland Wetlands and Zoning Compliance Officer;
(11) Town Engineer;
(12) Chief of Police;
(13) Social Services Director; and
(14) Library Director.
Section 703. Appointment and eligibility.
Administrative Officials and department heads shall be appointed in the manner aforementioned and
hereinafter provided. Appointees of the Town Manager shall be appointed and may be removed in
accordance with the provisions of Section 503 of this Charter. No Administrative Official or department
head shall serve as a voting member on any regular Town board or commission during their term of office
and any such Official or department head elected to public office in the Town shall, upon such election,
forfeit the position to which they had been appointed.
Section 704. Vacancies: administrative offices.
Any vacancy in any appointive administrative office, from whatever cause arising, shall be filled by the
appointing authority to such office. Persons appointed to fill vacancies in any administrative offices shall
serve for the unexpired portion of the term vacated if such office has a fixed term, or shall serve for an
indefinite term in the event no fixed term is provided for such office.
Section 705. Administrative Official Provisions.
Each Official shall have all the powers and duties, not inconsistent with this Charter, conferred or imposed
on such Official by the General Statutes and such other powers and duties as are prescribed in this Charter,
and as may be prescribed by the Selectmen, and such duties and qualifications as may be prescribed in the
position description prepared and approved by the Selectmen. Each such Official may appoint all deputies,
assistants, or employees in their respective administrative office, and may remove, subject to the approval
of the Town Manager and to such rules and regulations concerning Town employees as may be adopted by
the Selectmen pursuant to provisions of Chapter IX of this Charter.
The following additional provisions shall apply to these Officials.
Statutory:
(a) Town Clerk. The Town Clerk and the deputies and assistants of the Town Clerk shall receive a salary
fixed by the Selectmen, and all fees collected by the Town Clerk shall be paid into the Town treasury.
(b) Director of Finance-Treasurer. Prior to appointing or removing the Director of Finance-Treasurer, the
Town Manager shall also consult with and obtain the approval of the Board of Finance, and Board of
Education, if the position is shared between the Board of Education and the Town. The Director of
Finance-Treasurer shall be the chief fiscal officer, shall serve on a full-time basis, shall be the Town
Treasurer, and shall coordinate the administration of the financial affairs of the Town.
(c) Tax Collector and Tax Assessor. The Tax Collector and Tax Assessor report to the Director of Finance-
Treasurer.
(d) Director of Civil Preparedness/Emergency Management Director. The appointment and removal of the
Director of Civil Preparedness/ Emergency Management Director shall be in accordance with the
provisions of Section 28-7 of the General Statutes. The Director of Civil Preparedness/Emergency
Management Director shall serve for a term of two (2) years.
(e) Building Official. The Building Official shall serve for a term of four (4) years and report to the Director
of Community Planning and Development/Town Planner. Quadrennially, thereafter, the Town
Manager shall appoint a Building Official as provided above.
Directors:
(f) Director of Culture, Parks and Recreation. Prior to appointing or removing the Director of Culture,
Parks and Recreation, the Town Manager shall also consult with and obtain the approval of the Culture,
Parks and Recreation Commission. The Director of Culture, Parks and Recreation shall serve on a full-
time basis and shall be in charge of the administration of the Culture, Parks and Recreation Commission
program in the Town.
(g) Director of Public Works. The Director of Public Works shall serve for an indefinite term, be the
administrative head of the Public Works Department, be responsible for the efficiency, discipline, and
good conduct of the public works operation of the Town, and serve as Tree Warden. The Director of
Public Works shall have supervision and control of the maintenance of all Town-owned property and
structures, except those under the control of the Board of Education and, if required by the Selectmen,
the Culture, Parks and Recreation Commission.
Upon the request of the Chair of the Board of Education, the Director of Public Works may supervise
and direct the exterior maintenance of school buildings and grounds but only to the extent and for the
period requested by the Board of Education and approved by the Selectmen, provided that the costs of
such maintenance are charged against the Board of Education appropriations.
Municipal:
(h) Conservation, Inland Wetlands and Zoning Compliance Officer. The Conservation, Inland Wetlands
and Zoning Compliance Officer reports to the Director of Community Planning and
Development/Town Planner.
(i) Town Engineer. Prior to appointing or removing the Town Engineer, as provided above, the Town
Manager shall also consult with the Public Works Director.
(j) Chief of Police. The Police Commission and the Town Manager shall jointly recommend to the
Selectmen who shall appoint and may remove, in accordance with the provisions of Section 7-278 of
the General Statutes, a Chief of Police who shall serve for an indefinite term or such other term as the
Selectmen shall determine. Should the Selectmen determine that the Chief of Police should serve for a
definite term, at the end of said term a vacancy in the office shall exist and if the incumbent is not
reappointed neither the Selectmen nor the Town shall have any obligations to the former Chief of Police
whose term has expired except as may be set forth in an employment contract which may have been
previously entered into.
The Chief of Police shall be responsible for:
(1) the preservation of the public peace;
(2) prevention of crime;
(3) apprehension of criminals;
(4) regulation of traffic;
(5) protection of the rights of persons and property; and
(6) enforcement of the laws of the state, and the ordinances of the Town and all the rules and
regulations in accordance therewith.
The Chief of Police shall:
(7) assign all members of the Police Department to their respective posts, shifts, details and duties;
(8) subject to the approval of the Police Commission, make rules and regulations concerning the
operation of the Department and the conduct of all officers and employees thereof in
accordance with policies as established by the Police Commission;
(9) be responsible for the efficiency, discipline, and good conduct of the Department and for the
care and custody of all property used by the Department; and
(10) possess the ability to dismiss, or take appropriate disciplinary action towards, members and
employees of the Department who disobey lawful orders, rules, and regulations of the Chief of
Police.
All members of the Police Department, except clerical and other personnel without law enforcement
responsibilities, shall have the same powers and duties with respect to the service of criminal process and
enforcement of criminal laws as are vested in police officers by the General Statutes.
Section 706. Town Attorney.
(a) The Selectmen shall appoint not later than thirty (30) days after the commencement of its term of office,
and may remove, a Town Attorney or firm of attorneys to represent the Town who shall serve for a term
of two (2) years. The Town Attorney shall be an attorney at law admitted to practice law in this state.
Except as otherwise provided by law, the Town Attorney shall appear for and protect the rights of the
Town in all actions, suits, or proceedings brought by or against it or any of its departments, offices,
agencies, boards or commissions, or board or commission members acting in their official capacity as
defined by law, and shall be the legal advisor of the Selectmen, First, and all Town administrative
officers, Administrative Officials, boards, and commissions in all matters affecting the Town.
(b) Upon written request from the Selectmen, the Town Manager, or any board or commission of the Town,
the Town Attorney shall furnish a written opinion on any question of law involving their respective
powers and duties within thirty (30) days after receipt of such request. Upon request the Town Attorney
shall prepare or approve forms of contracts or other instruments to which the Town is a party or in which
it has an interest. The Town Attorney shall have power, with the approval of the Selectmen, to appeal
from orders, decisions and judgments, and subject to the approval of said Selectmen, to compromise or
settle any claims by or against the Town. If, in special circumstances or for investigation under Section
411 of this Charter, the Selectmen deems it advisable, it, by resolution, may provide for the temporary
employment of counsel other than or in addition to the Town Attorney.
CHAPTER VIII
Finance and Taxation
Section 801. Duties of Board of Finance.
(a) Budget-making Authority. The Board of Finance shall be the budget-making authority for the Town of
Simsbury and shall exercise all powers and duties of boards of finance and budget-making authorities
as provided by this Charter and the General Statutes not inconsistent with this Charter.
(b) Supplemental Appropriations. The Board of Finance shall have the power, by resolution and only upon
the recommendation of a majority of all the Selectmen, to make any appropriation supplemental to
those provided in the Annual Budget for the then-current fiscal year. Except as outlined in Section 809
of this Charter,
(1) Any individual supplemental appropriation equal to or greater than two percent (2%) of the
Annual Budget for the then-current fiscal year shall be subject to automatic referendum
pursuant to Section 407 of this Charter.
(2) Any individual supplemental appropriation less than two percent (2%) of the Annual Budget
for the then-current fiscal year may be made upon approval of both the Selectmen and the
Board of Finance.
(3) In any fiscal year, supplemental appropriations not approved by referendum may not exceed a
cumulative total of three percent (3%) of the Annual Budget for that year.
(c) Transfers. The Board of Finance is authorized to approve transfers of appropriations between
departments, commissions, agencies, boards, or offices in accordance with Charter Section 812(f).
(d) Borrowing. Except as otherwise provided in Section 809 of this Charter regarding emergency
appropriations and borrowing, the Town shall have the power to incur indebtedness by issuing its bonds
or notes as provided by the General Statutes, subject to the limitations thereof and the provisions of this
Charter.
(1) General Approval Requirement. No borrowing of funds, whether through bonds, notes, or
other obligations, shall be authorized except upon the affirmative approval of both the
Selectmen and the Board of Finance.
(2) Short-term Borrowing. Indebtedness to finance a supplemental appropriation shall be
authorized for a term not to exceed one (1) year, and only upon the recommendation of the
Selectmen and the approval of the Board of Finance.
(3) Long-term Borrowing. Borrowing for capital projects, including the issuance of bonds and
notes with a term to exceed one (1) year, shall require the recommendation of the Selectmen
and the approval of the Board of Finance, and, where required under Charter Section 407 or
the General Statutes, approval by referendum.
(4) Issuance of Bonds and Notes. The issuance of bonds and notes after the required approvals
shall be authorized by resolution of the Selectmen upon the recommendation of the Board of
Finance, in accordance with the Selectmen’s power to approve contracts under Chapter IV of
this Charter.
(e) Audits. In accordance with Chapter 111 of the General Statutes, the Board of Finance shall select the
independent public accountant or auditor. The Board of Finance may, at any time, require and provide
for the examination or audit by a certified public accountant of other finances of the Town. All audit
reports shall be filed with the Town Clerk, and the Board of Finance, and posted on the Town’s website.
(f) Retirement Funds. The Board of Finance shall supervise and maintain the Town pension and other post-
employment benefit funds in accordance with rules and regulations contained in agreements between
the Town employees and the Town of Simsbury and or the Board of Education regarding pension and
other post-employment benefits. The Board of Finance shall, after consultation with the Board of
Education and the Selectmen, ensure the pension funds are prudently invested and shall also supervise
and maintain the Retiree Benefit Fund established pursuant to the Town’s Code of Ordinances and
designate the annual contribution to be made to insure said pension and post-employment funds. The
investment and management of the assets of any such fund shall comply with the prudent investor rule
as outlined in Conn. Gen. Stat. Sections 45a-541 to 45a-541l inclusive of the General Statutes.
(g) Consultation Before Union Negotiations or Contractual Changes to Retirement Funds.
(1) Within thirty (30) days before the date on which the Selectmen are to commence negotiations
with any Town collective bargaining unit, or before the Selectmen vote to approve a change to
any retirement plan, the Selectmen shall meet and confer with the Board of Finance.
(2) The Board of Education shall meet and confer with the Board of Finance before commencing
collective bargaining unit negotiations as required under General Statutes Section 10-153d.
(h) Information, Analyses, and Policies.
(1) The Board of Finance shall receive financial reports on the implementation of the budgets of
the Selectmen and Board of Education not less often than quarterly, and it shall receive such
other financial reports as the Board of Finance requests to fulfill its duties and responsibilities.
A majority of the members present at any meeting of the Board of Finance may request that
such reports be provided in a designated format and that reports on the implementation of
budgets be provided monthly.
(2) The Board of Finance shall, with the assistance of the Finance Director, publish on the Town’s
website the Annual Budget, all audit reports, and all regular financial reports that the Board of
Finance receives from any Town agency, department, or official. The Board of Finance shall
adopt, and shall also publish on the Town’s website, such financial policies as it deems
necessary to fulfill its duties under this Charter and the General Statutes.
Section 802. Budget preparation.
(a) The fiscal year of the Town shall begin on the first day of July and shall end on the thirtieth day of
June.
(b) The Town Manager shall require each department, office and agency of the Town supported wholly or
in part by Town funds, or for which a specific Town appropriation is made, including the Board of
Education, to set forth, in narrative or in such other form as the Town Manager may prescribe, a program
or programs showing services, activities and work accomplished during the current fiscal year and to
be accomplished during the ensuing fiscal year.
(c) The Town Budget is first presented by the Town Manager, and adopted, then presented by the
Selectmen. The Annual Budget, presented by the Board of Finance, includes the Town Budget, Board
of Education budget, and Capital Improvement Plan.
Section 803. Capital Improvement Plan preparation.
(a) In addition to the Town Budget, the Town Manager shall present to the Selectmen a plan of proposed
capital projects ("Capital Improvement Plan or CIP") for the ensuing fiscal year and for the four (4) fiscal
years thereafter. Estimates of the costs of such projects shall be submitted by each department, office,
and agency annually by February fifteenth in the form and manner prescribed by the Town Manager.
The Selectmen shall then recommend to the Board of Finance those projects to be undertaken during
the ensuing fiscal year and the method of financing same.
(b) Only those projects which appear on the previous year's CIP for the ensuing year may be considered
for approval. Notwithstanding the foregoing, upon an affirmative vote by no fewer than four (4)
Selectmen, projects other than those published in the CIP for the ensuing year may be considered for
approval and included in the adopted Annual Budget if the need to fund the project is determined to be in
the best interest of the Town.
Section 804. Department estimates.
The head of each department, office, or agency of the Town as described in Section 802 of this chapter,
except the Board of Education, shall, not later than the thirty-first day of January in each year, file with the
Director of Finance on forms prescribed and provided by the Town Manager a detailed estimate of the
expenditures to be made by such department, office or agency and the revenues, other than tax revenue, to
be collected thereby in the ensuing fiscal year and such other information as may be required by the
Selectmen or the Town Manager.
Section 805. Duties of Director of Finance on the budget.
The Director of Finance shall compile departmental estimates for the Annual Budget. Not later than the first
day of March in each year the Director of Finance shall, under the direction of the Town Manager, present
to the Selectmen the completed budget of all boards, offices and agencies, except the Board of Education,
compiled in the manner set forth in Section 807 of this chapter.
Section 806. Duties of Board of Education on the budget.
Not later than the fifteenth day of March of each year, the Board of Education shall present its budget,
compiled in the manner set forth in Section 807 of this chapter, to the Director of Finance, the Board of
Finance and the Selectmen.
Section 807. Duties of Board of Selectmen on the budget.
(a) Not later than the thirty-first day of March in each year the Selectmen shall present to the Board of
Finance a Town Budget for all departments, offices, or agencies of the Town except the Board of
Education consisting of: (a) a budget message outlining the financial policy of the Town government
and describing in connection therewith the important features of the budget plan indicating any major
changes from the current year in financial policies, expenditures, and revenues together with the reasons
for such changes, and containing a clear general summary of its contents; (b) estimates of revenue,
presenting in parallel columns the itemized receipts collected in the last completed fiscal year prior to
the time of preparing the estimates, total receipts estimated to be collected during the current fiscal year,
estimates of the receipts, other than from the property tax, to be collected in the ensuing fiscal year, and
an estimate of available surplus; (c) itemized estimates of expenditures, presenting in parallel columns
the actual expenditures for each department, office, agency, or activity for the last completed fiscal year
and for the current fiscal year prior to the time of preparing the estimates, total expenditures as estimated
for the current fiscal year, appropriations as proposed by the Selectmen for all items for the ensuing
fiscal year, provided that the Selectmen may offer recommendations but may not make any adjustments
in the budget submitted by the Board of Education for the ensuing fiscal year, and such other information
as may be required by the Board of Finance. The Town Manager shall present reasons for all such
proposals and recommendations.
(b) In addition to the Town Budget, the Town Manager shall present to the Selectmen a CIP which
conforms to the requirements of Section 803 of this Charter. Pursuant to Section 803, the Selectmen shall
then recommend to the Board of Finance those projects to be undertaken during the ensuing fiscal year
and the method of financing the same.
Section 808. Duties of Board of Finance on the adoption of the Annual Budget.
(a) The Board of Finance shall hold one (1) or more public hearings the first of which shall be held not
later than the tenth day of April in each year at which time any Elector or taxpayer shall have an
opportunity to be heard regarding appropriations for the ensuing fiscal year. Following receipt of the
revenue and expenditure estimates for the ensuing fiscal year, the Board of Finance shall cause
sufficient copies of the estimates to be made available for general distribution in the office of the Town
Clerk and posted on the Town website the same day as the date of the filing with the Town Clerk. At
least five (5) days prior to the first of the aforementioned hearings, the Board of Finance shall cause to
be published, in a newspaper having substantial circulation in the Town, or in such other manner as
prescribed in the General Statutes, a notice of such public hearing. Such notice of public hearing shall
reference the summary of proposed budget estimates showing anticipated revenues by major sources,
and proposed expenditures by function or departments, and shall also show the amount to be raised by
taxation, as available on file with the Town Clerk and as posted on the Town website.
(b) The Board of Finance shall, by resolution adopted by an affirmative vote of at least four (4) members
after holding the final such public hearing, and no more than ten (10) days after such final public hearing
approve an Annual Budget and file the same with the Town Clerk for submission to automatic
referendum. At least five (5) days prior to the automatic referendum on such Budget, the Board of
Finance shall cause to be published, in a newspaper having substantial circulation in the Town, or in
such other manner as prescribed in the General Statutes, a notice of such referendum. Such notice of
shall reference the summary of proposed budget estimates showing anticipated revenues by major
sources, and proposed expenditures by function or departments, and shall also show the amount to be
raised by taxation, as available on file with the Town Clerk. The resolution of the Board of Finance
approving the Annual Budget may provide for appropriations by department or function, and such
appropriations need not be in greater detail than to indicate the total appropriation for each department
or function.
(c) Should the Board of Finance fail to approve an Annual Budget no more than ten (10) days after such
final public hearing, the Budget as transmitted by the Selectmen in accordance with the provisions of
Section 807 of this chapter and the Board of Education in accordance with the provisions of Section
806 of this chapter shall be deemed to have been finally approved by the Board of Finance and the same
shall be filed with the Town Clerk for submission to the automatic referendum.
(d) Capital appropriations in the Annual Budget greater than two percent (2%) of the Annual Budget for
the then-current fiscal year shall be subject to automatic referendum pursuant to Section 406 of this
Charter as a separate question.
(e) For the purposes of Chapters 108 of the General Statutes, the Board of Finance shall have all the powers
and duties contained in Chapter 108 for the creation of a Reserve Fund for Capital and Nonrecurring
Expenditures.
Section 809. Emergency appropriations.
For the purpose of meeting a public emergency threatening the lives, health or property of citizens,
emergency appropriations, the total amount of which shall not exceed fifty percent (50%) of the
undesignated fund balance for the then current fiscal year, may be made upon the recommendation of
at least four (4) Selectmen and by an affirmative vote of not fewer than four (4) members of the Board
of Finance. In the absence of sufficient general fund resources to meet such appropriations, additional
means of financing shall be provided in such manner, consistent with the provisions of the General Statutes
and of this Charter, as may be determined by the Board of Finance.
Section 810. Tax bills.
It shall be the duty of the Tax Collector to mail or send by other means as provided by the General Statutes
to each taxpayer a tax bill prepared in accordance with the provisions of Sections 12-130 and 12-131 of the
General Statutes. Except as otherwise specifically provided in this Charter, the assessment of property for
taxation and the collection of taxes shall be carried on in accordance with the provisions of Chapters 203
and 204 of the General Statutes.
Section 811. Expenditures and accounting.
(a) No purchase to be satisfied with the Town funds shall be made by any department, board, commission,
or officer of the Town including the Board of Education, except through procedures established by the
Director of Finance. The Director of Finance shall cause the amount authorized for purchases and
contracts for future purchases to be recorded as encumbrances against the appropriations from which they
are to be paid.
(b) No voucher, claim or charge against the Town shall be paid until the same has been audited by the
Director of Finance and approved by him or her for correctness and validity. Payment of all approved
claims against Board of Education accounts shall be authorized by the Superintendent of Schools, or
his or her agent, which authorization shall be valid when countersigned by the Director of Finance
acting as the Treasurer. Payment of all approved claims against all other Town accounts shall be
authorized by the Town Manager which authorization shall be valid when countersigned by the Director
of Finance acting as the Treasurer, provided, in the absence or inability to act of the Town Manager,
the Town Manager shall appoint a substitute temporarily for the Town Manager.
(c) The Director of Finance shall prescribe the time at which and the manner in which persons receiving
money on behalf of the Town shall pay the same to him or her in his or her capacity as Town Treasurer.
(d) No expenditure and no commitment to make an expenditure shall be made, caused to be made, or
authorized by any officer, agent, or agency of the Town, or by any board or commission of the Town
unless an appropriation shall have been made covering such expenditure or commitment in accordance
with the provisions of this Charter.
(e) Each order drawn upon the Director of Finance shall state the department, commission, board or officer
and the appropriation against which it is to be charged.
(f) Transfers.
(1) Upon the request of the Selectmen during the last six (6) months of the fiscal year, the Board of
Finance may, by resolution, transfer any unencumbered appropriation, balance, or portion
thereof from one (1) department, commission, board, or office to another; provided, however,
that this provision shall not apply to the Board of Education. No transfer shall be made from
any appropriations for debt service and other statutory charges.
(2) Intra-department transfers within a Town department, commission, board, or office may be
approved by the Selectmen from any unexpended or uncontracted-for portion of any
departmental line-item to any other item of such itemized estimate within the same department,
commission, board, or office. The Selectmen may, by adopting policies and procedures,
authorize designated personnel to make limited transfers under emergency circumstances if the
urgent need for the transfer prevents the Selectmen from meeting in a timely fashion to consider
such a transfer. All transfers made in such instances shall be announced at the next regularly
scheduled meeting of the Selectmen, and a written explanation of such transfer shall be
provided to the Selectmen. Expenditures by any one Town department, commission, board, or
office shall not exceed any appropriation made by the Board of Finance or by Town
referendum.
(3) Intra-department transfers within the Board of Education are governed by General Statutes
Section 10-222.
(g) Appropriations for construction or for other permanent improvements, from whatever source derived,
shall not lapse until the purpose for which the appropriation was made shall have been accomplished or
abandoned, provided any such project shall be deemed to have been abandoned if three (3) fiscal years
shall elapse without any expenditure from or encumbrances of the appropriations therefor. Any portion
of an annual appropriation remaining unexpended and unencumbered at the close of the fiscal year shall
lapse.
(h) Every payment made in violation of the provisions of this Charter shall be deemed illegal, and every
official willfully authorizing or making such payment or taking part therein shall be jointly and
severally liable to the Town for the full amount so paid or received.
(i) The Selectmen may adopt, by resolution, such rules and regulations concerning expenditures, and
bidding procedures, not inconsistent with the provisions of this section, as it may from time to time
deem necessary and appropriate.
CHAPTER IX
Town Employees
Section 901. General.
The Selectmen, during their first term of office under the provisions of this Charter, shall adopt an
ordinance providing for the establishment of position descriptions for all Town employees except
employees of the Board of Education. Such ordinance shall include personnel guidelines, job specifications,
salary programs and such other provisions as the Selectmen may deem to be appropriate and necessary.
Section 902. Position description.
Following the action of the Selectmen pursuant to Section 901 of this chapter, the Town Manager shall cause
to have prepared a statement of the duties and responsibilities of each position in the Town service and of
the minimum qualifications for appointment to such position. The statement so prepared shall become
effective upon the approval by resolution of the Selectmen and may be amended, upon recommendation of
the Town Manager, by resolution of the Selectmen. New or additional positions may be created and changes
in the duties and responsibilities of existing positions may be made by resolution of the Selectmen upon the
recommendation of the Town Manager. A pay plan for all positions in the Town service shall be similarly
prepared and adopted and may be amended by resolution of the Selectmen. The Town Manager shall also
cause to have prepared a set of Personnel Rules which shall provide, among other things, for the method of
holding competitive examinations, probationary periods of employment, hours of work, vacations, sick
leaves and other leaves of absence, removals, and such other rules as may be necessary to provide an
adequate and systematic procedure for the administration of the personnel affairs of the Town. Such rules
and any amendments thereto shall become effective upon being approved by resolution of the Selectmen
and filed by the Town Manager with the Town Clerk. Copies of such rules and any amendments thereto
shall be distributed to all Town employees.
Section 903. Salaries.
The salaries, wages, or other compensation of all officers and all employees of the Town, and such
employees of the Board of Education as are recommended by said Board shall be determined by the
Selectmen, in conformity with a systematic pay plan for the positions involved as prepared and
recommended by the Town Manager, except as otherwise provided by law. The salaries, or other
compensation of all elected officials of the Town shall, except as otherwise provided by law, be determined
by the Selectmen in accordance with the provisions of this Charter. For the purposes of Section 7-468(b) of
the General Statutes, the Town Manager shall have the sole authority to recognize the exclusive bargaining
agent for any unit of Town employees.
Section 904. Official bonds.
All officers and employees as may be required to do so by the Selectmen shall, before entering on their
respective official duties, execute to the Town, in the form prescribed by the Selectmen and approved by the
Town Attorney, and file with the Town Clerk, a surety company bond in a penal sum to be fixed by the
Selectmen, conditioned upon the honest and/or the faithful performance of such official duties. Nothing
herein shall be construed to prevent the Selectmen, if it deems it to be in the best interests of the Town,
from prescribing a name schedule bond, a schedule position bond, or blanket bond, or from prescribing
which departments, officers, agencies, boards, or commissions shall be covered by a specific type of the
aforementioned bonds. Premiums for such bonds shall be paid by the Town.
Section 905. Retirement of Town employees.
The provisions of the pension plan for Town employees in force on the effective date of this Charter shall
remain in full force and effect until such time as said plan is amended, by ordinance.

CHAPTER X
Transition and Miscellaneous Provisions
Section 1001. Transfer of powers.
Effective the earlier of the first Monday of December, 2026, or thirty days following the referendum held
approving the adoption of this Charter, all commissions, boards, departments, or offices existing prior to
the adoption of this Charter are abolished or superseded by this Charter as the case may be. The powers which
are conferred, the duties which are imposed upon and the terms of office established for any commission,
board, department, or office under the General Statutes, or any ordinance or regulation, in force at the time
this Charter shall take effect, if such commission, board, department, or office is abolished by this Charter
or superseded by the creation herein of a new term of office for any commission, board, or office to which
are granted similar powers and jurisdiction, shall be thereafter exercised and discharged by the commission,
board, department, or office upon which are imposed corresponding or like functions, powers and duties
under the provisions of this Charter. Commissions, boards, departments, or offices existing prior to the
adoption date of this Charter whether elective or appointive shall continue in the performance of their duties
until, the earlier of, the first Monday of December, 2026, or thirty days following the referendum held
approving the adoption of this Charter, or until provisions shall have been made for the discontinuance of
such commissions, boards, departments, or offices and the performance of their duties by other
commissions, boards, departments, or offices created under this Charter and until the Town Clerk shall have
notified the members of such commissions, boards, departments, or offices as are abolished by this Charter
that their successors have qualified.
Section 1002. Present employees to retain positions.
All employees of the Town on the effective date of this Charter, whose positions are not abolished by
the provisions of this Charter, shall retain such positions pending action by the Selectmen or the
appropriate officer charged by this Charter with powers of appointment and removal. Any provision of law
in force at the time this Charter shall take effect, and not inconsistent with the provisions of this Charter, in
relation to personnel, appointments, ranks, grades, tenure of office, promotions, removals, pension and
retirement rights, civil rights, or any other rights or privileges of employees of the Town or any office,
department, or agency thereof, shall continue to be in effect, until or unless amended or repealed in
accordance with the provisions of this Charter.
Section 1003. Conflicts of interest.
It is hereby declared to be the policy of the Town that any elected or appointed officer, any member of any
board or commission, or any employee of the Town who has a financial interest direct or indirect, in any
contract, transaction, or decision of any officer or agent of the Town or any board or commission, shall
disclose that interest to the Selectmen which shall record such disclosure upon the official record of its
meetings. Such disclosure of a financial interest, direct or indirect, in any contract, transaction, or decision
of any officer or agent of the Town or of any board or commission shall disqualify such elected or appointed
official or such member of a board or commission or such Town employee from participation in the
awarding, assignment, or discussion of said contract, transaction, or decision. Violation by any such official,
board or commission member, or employee of the provisions of this section shall be grounds for his or her
removal.
Section 1004. Transfer of records and property.
All records, property, and equipment whatsoever of any commission, board, department, or office or part
thereof, all the powers and duties of which are assigned to any other commission, board, department,
or office by this Charter, shall be transferred and delivered intact forthwith to the commission, board,
Department, or office to which such powers and duties are so assigned. If part of the powers and duties of
any commission, board, department, or office are by this Charter assigned to another commission, board,
department, or office, all records, property, and equipment relating exclusively thereto shall be transferred
and delivered intact forthwith to the commission, board, department, or office to which such powers and
duties are so assigned.
Section 1005. Continuation of appropriations and Town funds.
All appropriations approved and in force, and all funds, including special or reserve funds in the name of
the Town, at the time of the adoption of this Charter, shall remain in full force and effect unless and until
the same shall be amended, transferred, or abolished by the Board of Finance under the provisions of this
Charter.
Section 1006. 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 commission, board, department, or 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 commission, board, department, or
officer which shall have been a party thereto may, by or under this Charter, be assigned or transferred to
another commission, board, department, or the officer to which such functions, powers and duties have been
assigned or transferred by or under this Charter.
Section 1007. Existing laws and ordinances.
All general laws of the State of Connecticut applicable to the Town and all ordinances of the Town
shall continue in full force and effect, except insofar as they are inconsistent with the provisions of this
Charter. The provisions of all Special Acts of the General Assembly relating to the Town of Simsbury not
inconsistent with the provisions of this Charter are hereby retained.
Section 1008. Review and amendment of Charter.
The Selectmen shall review the several provisions of this Charter from time to time as it deems such review
to be in the best interest of the Town, but not less often than once every seven (7) years from the
effective date of this Charter, such review to be published as part of the annual Town report. The amendment
of this Charter may be initiated (a) by a two-thirds vote of all the Selectmen or (b) by a petition signed by
not less than ten percent (10%) of the Electors of the Town, as determined by the last completed registry
list of the Town, such initiation in either instance to result in the appointment by the Selectmen of a Charter
Revision Commission, which shall consider any proposed amendments to the existing Charter. Such
proposed amendments shall not become effective until and unless they shall have been approved by a
majority of the Town Electors voting thereon at a regular election or, if approved at a special election, by a
majority equal to at least fifteen percent (15%) of the Electors of the Town as determined by the last
completed registry list of the Town. The provisions of Chapter 99 of the General Statutes as may now or
hereafter apply to the manner of amending the Charter shall prevail in the event of any conflict with the
provisions of this section of the Charter.
Section 1009. 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 the 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 the section to which such ruling shall directly apply.
Section 1010. Usage.
(a) When the context so requires, the masculine gender shall include the feminine, and the singular shall
include the plural, and the plural the singular; and
(b) Unless otherwise indicated, all references to the Connecticut General Statutes in this Charter are to the
provisions of the General Statutes in effect on the date of the adoption of this Charter. However, in the
event that those provisions in effect on the date of the adoption of this Charter are subsequently amended,
revised, and/or recodified by the Connecticut State Legislature, all references to such provisions shall
be deemed to be to the provision as subsequently amended, revised and/or recodified. The sections of
the Connecticut General Statutes referred to in this Charter shall be abbreviated as C.G.S.. Sections of
the statutes shall be designated "§" for the singular and "§§" for the plural.
Section 1011. Effective date.
Except as set forth in Section 1001, this Charter, as revised, shall become effective the earlier of the first
Monday of December, 2026, or thirty days following the referendum held approving the adoption of this
Charter, if approved by a majority of the Town Electors voting hereon at a regular or a special election as
determined by the Board of Selectmen and in accordance with the provisions of Chapter 99 of the General
Statutes.
Town of Simsbury
2025 Charter Revision Commission
DRAFT Report
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