2010 PROPOSED CHARTER REVISION BALLOT QUESTIONS

QUESTION 1:

Shall the Charter be revised to clarify the City’s reservation of

rights and alternative remedies in enforcing its rights under the
Charter?

QUESTION 2:

Shall the Charter be revised so that the non-majority members

of the boards and commissions are chosen from a list of nominations
submitted by each member of the Board of Aldermen not of the
same political party as the Mayor?

QUESTION 3:

Shall the Charter be revised to (1) eliminate the elected

positions of City Clerk and Town Clerk; (2) substitute therefor a city
clerk and town clerk each appointed for a term of five years
pursuant to the procedure for appointment of department heads set
forth in Chapter 7, Part A, of the Charter; and (3) provide the city
clerk and town clerk each the option to appoint a deputy clerk in
accordance with civil service procedures?

QUESTION 4:

Shall the Charter be revised to require a five-point preference

for City residents on all civil service examinations?

QUESTION 5:

Shall the Charter be revised to add language to supplement

the City’s existing ability, under earlier Charter provisions, to
contract to develop electrical energy by water power from any
water within the City’s municipal waterworks system in order to
address changes that have taken place since the earlier provisions
were adopted?
QUESTION 6:

Shall the Charter be revised to allow the Board of Education

to hire the Superintendent of Schools without using civil service
procedures?

QUESTION 7:

Shall the Charter be revised to replace the term “water rents”

with the more accurate and appropriate term “water charges
and/or sewer charges”?

QUESTION 8:

Shall the Charter be revised to replace outdated position and

department titles with the appropriate titles?
EXPLANATORY TEXT

Pursuant to Connecticut General Statutes (C.G.S.) §7-188, et seq., and C.G.S.

§9-369, et seq., as amended, referendum questions regarding proposed
amendments to the Charter of the city of Waterbury, as prepared by the 2010
Charter Revision Commission and approved for submission to the electorate by
the Board of Aldermen, will appear on the November 2, 2010, ballot. If a
majority of the electors voting on a particular amendment to the Charter
approve the same, it shall become a part of the City’s Charter. Appearing
below are the questions, which will be designated as Questions No. 1, 2, 3, 4,
5, 6, 7, and 8 on the ballot, and respective explanatory tests relating thereto.

QUESTION 1:

Shall the Charter be revised to clarify the City’s reservation of

rights and alternative remedies in enforcing its rights under the
Charter?

This revision involves sections of the Charter that provide

mechanisms for the City to enforce various rights. In many
instances, there may be more effective or practical alternatives
under state or federal law. The proposed language clarifies the
City’s right to pursue alternative or multiple options under §§1B-5
and 3C-1 and adds a new §11G pertaining to §§11A, 11B, and 11C.

QUESTION 2:

Shall the Charter be revised so that the non-majority members of

the boards and commissions are chosen from a list of
nominations submitted by each member of the Board of
Aldermen not of the same political party as the Mayor?

This revision arises out of language in §4-2(b)(1) which

restricts the right of the Mayor to make appointments to City boards
and commissions by requiring that he fill minority positions from a
list provided by the minority leader. This provision, designed for
the two-party system, has become unworkable in a three-party
system. The proposed revision creates restricted and unrestricted
mayoral appointments and eliminates majority party and minority
party references. The proposal provides for broader Aldermanic
involvement in appointments resulting in a larger list of potential
appointees from which the Mayor can choose. It also provides the
opportunity for unaffiliated voters to serve on boards and
commissions.

QUESTION 3:

Shall the Charter be revised to (1) eliminate the elected

positions of City Clerk and Town Clerk; (2) substitute therefor a
city clerk and town clerk each appointed for a term of five years
pursuant to the procedure for appointment of department heads
set forth in Chapter 7, Part A, of the Charter; and (3) provide the
city clerk and town clerk the option each to appoint a deputy
clerk in accordance with civil service procedures?

This revision is proposed for three reasons: (1) the duties of

these positions involve recording the actions of those who set policy
and preserving necessary and important records; they do not
involve establishing policy or setting political direction, and,
therefore, should be removed from political influences as much as
possible; (2) the two-year cycle for holders of these positions is
detrimental to the efficient and effective functioning of these
offices; and (3) the training for state certification for the town
clerk takes approximately three years to complete and only
individuals already working in the capacity of town clerk can take
the required courses.
QUESTION 4:

Shall the Charter be revised to require a five-point preference

for City residents on all civil service examinations?

Under this revision, the five-point residential preference given

on entry-level civil service examinations would be extended to all
civil service examinations.

QUESTION 5:

Shall the Charter be revised in order to reestablish the City’s

ability to contract to develop electrical energy by water power
from any water within the City’s municipal waterworks system?

This revision is a result of court decisions that redefined the

term “surplus water”, as used in the Charter’s Special Acts and
Historical Provisions, in a way that called in to question the City’s
power to contract to develop electrical energy by water power from
any water within the City’s municipal waterworks system. The
proposed new §4-10 is meant to provide an alternative to the
existing language thus preserving the City’s ability to enter into
such an arrangement.

QUESTION 6:

Shall the Charter be revised to allow the Board of Education to

hire the superintendent of Schools without using civil service
procedures?

This revision eliminates the requirement that the Board of

Education appoint the Superintendent of Schools through civil
service procedures.
QUESTION 7:

Shall the Charter be revised to replace the term “water rents”

with the more accurate and appropriate term “water charges
and/or sewer charges”?

This is an editorial revision to update the language used in

Charter provisions dealing with charges for the use of City water.
These charges, once referred to as “water rents” are now called
“water charges”. In addition, there is now a charge for the use of
the City sewer system which is treated in a manner similar to water
charges. To bring the Charter up to date, this revision replaces the
term “water rents” with “water charges and/or sewer charges”.

QUESTION 8:

Shall the Charter be revised to replace outdated position and

department titles with the appropriate titles?

This editorial revision replaces outdated job titles with the

appropriate, currently-used titles as follows: “Superintendent of
Police” becomes “Chief of Police”; “Chief Engineer” becomes “Fire
Chief”; “Health Officer” becomes “Health Director”; “Director of
Personnel” becomes “Director of Human Resources”. In addition,
the “Department of Personnel” becomes “Department of Human
Resources”.