OFFICE OF LEGISLATIVE RESEARCH

MUNICIPAL CHARTER REVISION COMMISSION'S ABILITY TO

CONSIDER CHANGES BEYOND ITS ORIGINAL MANDATE

By: John Moran, Research Analyst

January 28, 2002

2002-R-0080

 

You asked if a municipal charter revision commission can consider additional changes to the charter, or is it bound by the original mandate from its appointing authority.

The statutes explicitly state that a charter revision commission can consider additional changes to a charter other than those it is initially directed to consider. The statutes say a commission "may also consider other... changes to the charter or home rule ordinance and such other items as it deems desirable and necessary," (CGS § 7-190). Basically, once a charter revision commission is formed, it may consider any changes it wishes.

If the charter revision commission is formed as the result of a petition (signed by not less than 10% of the town's electors and certified by the town clerk), the commission must consider the recommendations included in the petition. When the commission prepares the report on the revision, including the draft charter or charter amendments, it must comment on each recommendation it was directed to consider as well as any change it is proposing.

The draft charter or charter amendments are submitted to the appointing authority, which is (1) the board of selectmen, (2) the town council or board of directors, (3) common council or other body empowered to make ordinances of a city, or (4) board of burgesses of a borough. The appointing authority may recommend changes to the commission's draft. The commission can choose to follow these recommendations, or it can deem its draft report to be the final report. The appointing authority must approve the final report, reject it entirely, or reject separate provisions. The appointing authority can decide whether to put the charter revisions before the town electors in a referendum.