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NDAONE I - CHARTER

Recommendations to change certain sections of the Charter as proposed by the Charter commission
To: The New Haven Board of Alders of the whole From: Ken Joyner Date: June 17, 2013. Re: Articles and sections recommended for change Note: Includes new articles and recodified sections proposed by the Charter Commission. (OLD) Articles
ARTICLE (VI). - THE MAYOR ARTICLE IX. - BOARD OF ALDERMEN ARTICLE X. - APPOINTIVE BOARDS AND COMMISSIONS; DEPARTMENT HEADS ARTICLE XI. - BUDGETARY PROCEDURES; REPORTING; FINANCIAL REVIEW AND AUDIT COMMISSION ARTICLE XXIII. - DEPARTMENT OF PARKS AND RECREATION ARTICLE XXIX. - DEPARTMENT OF EDUCATION

(New) Article III The Mayor Re-cod153 page 26. Powers and duties- Re-cod 174 page 28. (F)
. The mayor may also approve or disapprove any part of any vote, order, ordinance or resolution, and the part of the vote, order, ordinance or resolution approved shall become operative and effectual, and the part disapproved shall be void, unless passed over his veto in the manner aforesaid; Recommendation: Remove the mayor may also approve or disapprove any part of any vote, order, ordinance or resolution, and the part of the vote. Reason: This clause gives the mayor line item veto over all votes or any part of any resolution passed by the board of alderman.

Article II. Incorporation and general powers Re-cod 33 Page 7. Vacancies on the board of Alders Re-cod 65 Page 12.

(New) (2) If the position shall become vacant commencing on or after the first day of the nineteenth month of the term of office, the mayor shall appoint a successor to complete the term of office who shall hold office in accordance with the provisions of this charter. Said appointee shall be of the same party affiliation as that of the immediate previous incumbent and the mayor shall appoint from a list of three names submitted by that party's town committee members from that ward. If there is a question whether an alderman resides within the ward said alderman was elected to represent, it shall be decided jointly by both registrars of voters. Recommendation: Remove the words The mayor shall appoint a successor to complete the term of office. Insert the words; the party's town committee members from that ward shall appoint a successor to complete the term of office. Remove the words the Mayor shall appoint from a list of three names. Insert the words; the party town committee members shall appoint from a list of three names. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise all of the powers conferred upon said city. Clarifies the separation of powers between the Executive and Legislative Branch of government.

(See also SEC. (D) Vacancies of elected members of the Board of Education Re_cod 70 page 12
For consistency with Alders vacancy in Sec (C).

(New) Sec 11 Salaries of elected officials Re-cod 84 Page 14. (B) New Re-cod 88 Page 14. Compensation of the Board of Aldermen (Alders). Recommendation Remove on or after Jan. 1, 2016, members of the council (board) shall receive no less than the sum of $3,000 annually as compensation. Reason: The Charter Commission lacks authority to set compensation.

3 The authority to set compensation of elected officials lie only within: CHAPTER 113* MUNICIPAL EMPLOYEES Sec. 7-460. Compensation of officials and employees. Unless otherwise specifically provided in the general statutes, any municipality or subdivision thereof, through its legislative body, may fix the compensation of its officials and employees, subject to the approval of its budget authority. Any proposed increase in the compensation of the members of the legislative body of any municipality shall be subject to confirmation by referendum at the next regular election of such municipality. The provisions of this section shall be applicable to any municipality, any provision of any special act to the contrary notwithstanding. See also Section 11 generally Re-cod 85 Page 14. See Also Article VI (D) Compensation, Re-cod 266 page 45.

(NEW) Article IV Board of Alders Re-cod 183 page 31

(New) Sec. A (1). The legislative body of the city Re-cod 184 page 31

There shall be in said city a legislative body which shall be the board of aldermen, which shall include one alderman to be elected from each ward who shall be a resident and an elector therein at the time of election and shall reside in said city and the ward from which said alderman was elected during the term of office. (2) Said board shall, with the approval of the mayor or over the mayor's veto, as hereinbefore provided, exercise all of the powers conferred upon said city, except as otherwise provided.

Recommendation: Remove the words with the written approval of the Mayor. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise all of the powers conferred upon said city. Removal provides clarification of the separation of powers between the Executive and Legislative Branch of government.

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(NEW) Article IV 197. Page 33

Article IV Board of Alders Sec (E) Authority to compel attendance Re-cod

Whenever any meeting of said board shall have been regularly called and no quorum shall be present, those members present may, by vote, request the mayor of said city or the presiding officer of said board to issue, and, upon such request, the said mayor or presiding officer shall issue a warrant signed by him to the sheriff of New Haven County or some one of his deputies to arrest and bring into such meeting such members of said board as will together with those present, constitute a quorum; and, at any meeting of said board, those members shall have the power to make any orders to compel the attendance of other members, and any one of the officers above mentioned shall obey such orders upon request, and summon such assistance as may be necessary to carry such orders into effect. Recommendation: Eliminate the words: Request the mayor of said city or Said Mayor or. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise all of the powers conferred upon said city. Provides clarification of the separation of powers between the Executive and Legislative Branch of government.

Article IV. New Board of Alders (cont)

(New) Sec 4 - Authority to enact, amend, alter or repeal ordinances, orders, etc.; maximum penalties Re-cod- 212 page 35. (B)

The board of aldermen shall have power by majority vote of all the members thereof, present or absent, with the written approval of the mayor, or over said mayor's veto, as herein provided to enact, alter or repeal ordinances to be called the ordinances of the City of New Haven; and to make, alter and repeal orders or resolutions by a majority vote of the members present; and to prescribe penalties not exceeding a fine of one hundred dollars or sixty days in jail or both for any violation of the same, and the mode of enforcing such penalties; which orders, resolutions or ordinances may be for any of the following purposes, to wit: Recommendation: Remove the words with the written approval of the Mayor. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise all of the powers conferred upon said city. Provides and clarifies the separation of powers between the Executive and Legislative Branch of government.

5 Article IV. New Board of Alders (cont)

New Sec. (E) - Authority over buildings, fire hazards Re-cod 243- page 41

The board of aldermen of the City of New Haven, by a majority vote of all the members thereof, present or absent, with the written approval of the mayor, or over his veto, as provided in this charter, may enact, alter or repeal ordinances limiting the height of buildings to be thereafter erected within districts to be defined by ordinance, to diminish danger from fire and unsafe buildings, and provide penalties for the violation of such ordinances, not exceeding a fine of one hundred dollars, or sixty days in jail, or both, for each violation thereof. Recommendation: Remove the words with the written approval of the Mayor. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise all of the powers conferred upon said city. Provides and clarifies the separation of powers between the Executive and Legislative Branch of government.

Article IV. New Board of Alders (cont)

New Sec. (6) - Authority to abate taxes. Re-cod 245 page 41

The board of alder(s) may abate the taxes, interest or liens of persons who may be eligible under CT ST Statue (are poor and unable to pay the same.

Recommendation: Identify Chapter and section of Ct statue as follows: CHAPTER 203* PROPERTY TAX ASSESSMENT Sec. 12-124. Abatement of taxes and interest. The selectmen of towns, the mayor and aldermen of cities, the warden and burgesses of boroughs and the committees of other communities may abate the taxes, or the interest on delinquent taxes, or both, assessed by their respective communities upon such persons as are poor and unable to pay the same or upon railroad companies in bankruptcy reorganization, and shall present to each annual meeting of their respective communities a list of all persons whose taxes, or the interest on whose taxes, they have abated in the preceding year.
Reason: Define financial qualifications and standards related to poor. Define standard that explains unable to pay.

6 Article IV.New Board of Alders (cont)

New Sec. 1 (2). - General authority to exercise powers of city. Re-cod 186 Page 31

Said board shall have power to carry into effect and operation, by appropriate ordinances with the approval of the mayor, or over said mayor's veto as provided in this charter, all powers of the city as provided in this charter. Recommendation: Remove the words with the approval of the mayor or. Reason: This clause conveys meaning that the Mayors powers supersede the Boards power to excise powers of the city. Conveys the Board cannot act on its own without prior mayoral approval. Provides clarification to the separation of powers between the Executive and Legislative Branch of government.

(New) ARTICLE VIII. - BUDGETARY PROCEDURES; REPORTING; FINANCIAL REVIEW AND AUDIT COMMISSION

Budgetary procedures; duties of the mayor, city clerk, board of aldermen. New Sec A (E) Re-cod 748 page 109.

The board of aldermen shall consider and act upon such budget so proposed by the mayor. The board of aldermen shall have the power by a majority vote of the entire board to increase and decrease individual lines of appropriations and to decrease the total appropriation and rate of taxation. By a two-thirds vote of the entire board of aldermen, the board of aldermen may increase the total appropriation or increase the rate of taxation as recommended by the mayor, including the Board of Education where applicable. The board of aldermen shall not reduce any item proposed by the mayor for the payment of interest or principal of the municipal debt. Recommendation: Section A (E) conveys the sole responsibility and authority to the board to increase and decrease individual lines of appropriations, the clear interpretation here is that the board has the authority to exercise budgetary line item veto over all budgetary matters. (Add new) including the Board of Educations Capital and city contribution to the BOE Budget where applicable. Include by reference:

237 Conn. 169 (1996) BOARD OF EDUCATION OF THE CITY OF NEW HAVEN ET AL. v. CITY OF NEW HAVEN ET AL. Supreme Court of Connecticut. Jan 12, 1996 (New) ARTICLE VII Appointive Boards and Commissions

Sec. 3 - Board and commissions established by the Charter (A) Board of education Re-cod 567 page 82

Recommendation: No change Reason: A hybrid board would split responsibility and authority concerning all board decisions. Currently, the mayor has sole power of appointment and removal of members to this board; the Mayor has the sole direct responsibility for the success or failure of the board which can be measured and evaluated without as to fault. A hybrid board would allow a means by which elected members could shift all responsibility to appointed members out of political considerations. The election of just two members and the appointment of two student nonvoting members do not alter the authority over board matters. (New) Article VII of Education

Section Sec. (7) Budget for department Re cod 583 page 85. Estimates of the receipts and expenditures of the department of education shall be included in the annual city budget, and the board of education shall supply the mayor and the controller with information for the preparation of the annual budget as fully and in like detail as shall be required of other departments, offices, and agencies of the city government. The action of the mayor and the board of aldermen on the requests of the board shall relate to their total only unless otherwise permitted by the general assembly or law. Include by reference:
237 Conn. 169 (1996)

BOARD OF EDUCATION OF THE CITY OF NEW HAVEN ET AL. v. CITY OF NEW HAVEN ET AL.
Supreme Court of Connecticut. Argued January 12, 1996.