EXPLANATORY TEXT FOR QUESTIONS AND PROPOSED
AMENDMENTS ON THE NOVEMBER, 2008 BALLOT
DESIGNATION ON BALLOT
5. Shall the creation of the position of chief operating officer with the duties described in proposed Secs. 62(a), (b), and (c), the revision to except the chief operating officer from the removal provisions as proposed in Sec. 15(b), and the corresponding removal of the duties of
the mayor as proposed in Secs. 16(b), 25(t), 26(b), 43(f), 44A, and 48(g) of the City Charter be approved?
EXPLANATORY TEXT AS TO THE CONTENT AND PURPOSE
The proposed creation of a chief operating officer position includes a new Sec. 62 with three new
subsections. Sec. 62(a) creates the position of chief operating officer. Sec. 62(b) explains the duties of the proposed chief operating officer position. Sec. 62(c) provides details on the hiring
process and the filling of a vacancy in the proposed position.
Additional changes are proposed to sections in the Charter concerning the position of chief
operating officer. Sec. 15(b) excepts the chief operating officer from the removal provisions of
appointive officers. Secs. 16(b), 26(b), 44A, and 48(g) detail those duties that would be removed
from the mayor and assigned to the chief operating officer, and Secs. 25(t) and 43(f) detail those
duties the mayor would share with the chief operating officer.
TEXT OF THE PROPOSED AMENDMENT
The proposed new sections read as follows:
Sec. 62 Chief Operating Officer.
(a) The Chief Operating Officer (hereinafter COO) shall be nominated by the mayor and appointed by the city council for a term of four years using the procedure set forth in Section 62 (c). At the end of the COO’s term, or at any other time, the COO may not be removed without a two thirds (2/3) vote of the city council, present and absent. The city council shall enter into an employment agreement with the COO which shall determine the COO’s salary, benefits, severance rights (if any), rights regarding termination with cause, rights regarding termination without cause, and such other matters customarily contained in such employment agreements as they may determine.
(b) The COO shall:
(1) Be responsible to exercise general supervision over the following officers of the city: the City Clerk, the Comptroller, the Purchasing Agent, the Assessor, the Tax Collector, the Library Director, the Fire Chief, the Superintendent of Parks and Recreation, the Director of Public Works, the Building Official, the Chief of Police, the Superintendent of Water, the Corporation Counsel, the Director of Personnel, the Director of Community Services, the Executive Director of the Bristol Development Authority, the Youth Services Director, and the Director of Aging. These responsibilities shall include, but not be limited to, supervising, and evaluating, and disciplining these officers of the city.
(2) At any time, summon before him any officer of said city for information, consultation and advice upon the affairs of the city.
(3) Communicate to the mayor and the city council such information concerning the affairs of the city, and such suggestions and recommendations relating thereto, as the interest of the city shall, in his judgment require.
(4) Communicate to the mayor and the city council such information concerning the affairs of the city, and such suggestions and recommendations relating thereto, as the mayor or city council shall request.
(5) Provide strategic planning and coordination among the various city departments to more successfully implement the, budget and policies and procedures of the city.
(6) Provide leadership and direction to all officers and employees of the city to develop and implement the city budget in conjunction with the comptroller and the Board of Finance, customer service initiatives, personnel initiatives, departmental technology evaluations and initiatives, program evaluation, grant activity, legislative initiatives, and other matters as in the interest of the city as in the COO’s judgment require.
(7) Develop and administer effective programs to promptly address citizen inquiries and complaints.
(8) Aid the mayor and city council in recruiting and developing qualified candidates for appointment to the various city boards, commissions and other appointed offices.
(9) Shall attend all city council and board of finance meetings and other meetings necessary to fulfill the duties of the COO’s office.
(10) Other duties as the mayor and the city council may from time to time designate.
(c) If a vacancy develops, or is anticipated by the Mayor in the position of the COO :
(1) Within 90 days the mayor shall nominate and the city council shall appoint a COO hiring committee to make a recommendation to the mayor and the city council regarding a candidate for the COO position. The COO hiring committee shall consist of five members one of whom shall be the Mayor or his designee, one of which shall be a member of the city council, one of which
shall be the chairman of the board of finance or his designee whom shall also be a member of the board of finance, and two electors from the City of Bristol neither of which may be employees of the City of Bristol or from the same political party.
(2) The COO hiring committee shall develop a process to solicit applications, interview, and recommend candidates for the position of COO to the mayor and city council. The COO hiring committee may request, but may not require, the city council and board of finance authorize the expenditure of funds to retain a professional search firm to aid them in the execution of their
duties. Within thirty (30) days of the date the COO hiring committee has made it’s recommendations to the mayor, the mayor shall either nominate a candidate to the city council for consideration of appointment, or instruct the committee to recommend another candidate. If the candidate nominated by the mayor is not appointed by the city council, the mayor and the city council shall continue the process until a candidate is appointed.
(3) Any candidate for the COO position shall i) have a bachelor’s degree from an accredited four year college/university in government/public administration/business/related field. (a bachelor’s degree is required a master’s degree is preferred; ii) have at least four years experience as a COO or city manager or equivalent position; iii) provide four work/employment
related references.
(4) The COO hiring committee, among other qualities it may consider, should give preference to a candidate it finds: i) has experience with administration, supervision of personnel, strategic planning, budget preparation, team building and negotiation skills; ii) has strong communication and interpersonal skills, strong verbal, written, and analytical skills.
(5) The COO shall become a resident of the City of Bristol within six months of the COO’s appointment and continue residency for the COO’s term of office.
The candidate does not have to be a resident of the City of Bristol to become eligible for this appointment.
After the first COO is hired pursuant to the terms of this charter provision if a vacancy is created in the position of COO for any reason the mayor may nominate and the council may appoint a
temporary COO for a period not to exceed one hundred and eighty (180) calendar days until a
full term appointment can be confirmed. No person shall receive a successive temporary
appointment.
Sec. 15. Appointive officers; terms of office; suspensions.
(b) No appointee of the city council, except the Chief Operating Officer which shall be
governed by Section 62 of the Charter, shall be removed during the term for which he holds
office, except for cause, and without first having received a written statement from the city
council setting forth the reasons for his removal, nor until he shall have been given an
opportunity to appear and be heard before the city council. If he shall so request, a statement of
the reasons for his removal, together with his reply thereto, shall be made a matter of public
record. Any one or more of the following reasons shall be considered cause for removal:
(1) Inefficiency or incompetence;
(2) Insubordination against reasonable rules duly promulgated;
(3) Violation of law;
(4) Disability, as shown by competent medical evidence;
(5) Elimination of position, provided that if the appointee shall be found qualified to be
appointed to a comparable, existing position in which a vacancy exists, he shall be so appointed;
(6) Falsification of city records;
(7) Other due and sufficient cause.
Temporary appointments shall be made to fill vacancies created through removal from office for
cause, terminations, transfers, promotions, expiration of a term, or any other action which will
create a vacancy.
A temporary appointment shall be made for a period not to exceed one hundred twenty (120)
calendar days until a full term appointment can be confirmed.
No person shall receive a successive temporary appointment.
Nothing in section 15(b) shall apply to any person who is covered by a collective bargaining
agreement between the city and a labor organization recognized or certified as the exclusive
bargaining representative for such person under the Municipal Employee Relations Act.
Sec. 16. The mayor; powers and duties.
(b) He shall exercise general supervision over the official acts and conduct of all officers of said
city except for those which are the responsibility of the Chief Operating Officer as provided in
Section 62(b), and may, at any time, require any such officer to report to him concerning any
matter within his charge and shall take action to cause any such officer to be punished for
violation or neglect of duty.
Sec. 25. Board of finance.
(t) The comptroller, assistant comptroller and purchasing agent in office on the effective date of
the enactment of this charter shall continue to hold office and may be removed only for cause.
They shall be bonded in an amount to be determined by the board of finance. As hereinafter
provided, the comptroller, assistant comptroller and purchasing agent shall be nominated by the
mayor and appointed by the city council for terms of four years each. The mayor shall notify
such comptroller, assistant comptroller, or purchasing agent, as the case may be, at least one
month prior to the expiration of his term in writing that he will or will not be renominated. When a vacancy exists, the assistant comptroller shall function until such time as a comptroller is
appointed. In the absence of the comptroller and assistant comptroller from the city or their
inability to perform the duties of the office for whatever reason, the mayor shall name an acting
comptroller of the city of Bristol, and said acting comptroller shall have the powers and
discharge the duties of the comptroller while so acting. The comptroller shall act as clerk of the
board of finance. Such clerk shall accurately record the doings of the board and shall be the
custodian of all its books, papers and data relating to the conduct of its business. The comptroller shall perform for the city the usual duties of such office or such additional duties for the city and
its districts as the board shall designate. The comptroller shall examine all bills ordered paid by
the city council or the board, or of any department, except as herein otherwise provided, and, on
the approval of any bills by the city council or the board or such department, shall draw his order on the city treasurer for the payment of the same. All orders on the city treasurer shall be signed by the comptroller. Upon a written order of the mayor, the comptroller shall withhold payment of any bills in controversy. He shall keep all the accounts of the city in such manner as may be
provided for by the board. The comptroller shall, at any time when directed by the mayor, [or]
the city council, or the Chief Operating Officer, examine the accounts, books, bills, and the
methods of conducting business of any department of the city government, and of any officer of
the city, and shall report thereon to the mayor, [and] the city council, and the Chief Operating
Officer. All the books, accounts, vouchers and memoranda in the office of the comptroller shall,
at all times during usual business hours when not required in actual use, be open to the inspection of the public. The minute book shall be open to the inspection of the public.
Sec. 26. Assessor.
(b) There shall be an assessor who shall exercise all powers, duties and responsibilities as are
assigned to boards of assessors by the provisions of the General Statutes and such other duties
and responsibilities as may be assigned by the [mayor] Chief Operating Officer and city council.
The assessor shall have experience in the field of property appraisals and have charge of the
assessor's office.
Sec. 43. Department of parks and recreation.
(f) Said board shall have exclusive power to make rules and bylaws for the ordinary transaction
of business and shall keep proper records and books of account, subject to the supervision of the
board of finance. Books of account and record shall, at all times, be open to the inspection of the
mayor and city council and to the board of finance and the Chief Operating Officer and shall be
subject to annual audit by the proper municipal officials.
Sec. 44A. Building department.
The building department shall be under the supervision and direction of the building official who
shall be appointed and hold office in the manner prescribed by the General Statutes and shall
qualify and be certified as a building official by the State of Connecticut. He or his designees
shall be the clerk agents of the zoning commission and the zoning board of appeals. He shall be
the chief zoning enforcement officer of the zoning commission. He shall be responsible to the
[mayor] Chief Operating Officer. Assistant building officials shall be appointed in the same
manner as the building official and shall serve as inspectors of the various building trades in
which their qualifications are certified as provided in the Connecticut General Statutes. Each
shall be licensed at journeyman level or higher, and where licensing in a trade is not required,
each shall have at least five (5) years' experience at journeyman level or higher in that trade.
They shall perform the duties assigned to each by the building official.
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