2016 Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 50 - Office of Policy and Management: General Provisions; Budget and Appropriations; State Planning
Section 4-124l - Certification of establishment of council. Transitional period.
(a) Upon the adoption of sections 4-124i to 4-124p, inclusive, or upon the ratification of a resolution adopting said sections, as provided in section 4-124j, by any town, city or borough entitled to membership on a regional council of governments, the clerk of such town, city or borough shall immediately prepare and file with the Secretary of the Office of Policy and Management or his or her designee a certified copy of the adopting or ratifying ordinance, and, upon receipt of such certified ordinances from not less than sixty per cent of all such towns, cities and boroughs within a planning region, said secretary or his or her designee shall certify to such towns, cities and boroughs and all other eligible towns, cities and boroughs within the planning region, that a regional council of governments has been duly established within such planning region. Any subsequent ordinances adopting the provisions of said sections, or effecting the withdrawal from the council of a member shall be similarly filed.
(b) (1) If two or more regional councils of governments, regional councils of elected officials, regional planning agencies or any combination of such councils or agencies exist within the same planning region at the time of an adoption or ratification pursuant to subsection (a) of this section, the municipalities comprising such councils and agencies shall negotiate a consolidation of operations. The individual activities of such existing councils and agencies shall continue, uninterrupted, for the transitional period. Such transitional period shall commence upon the date of the certification by the secretary pursuant to subsection (a) of this section. During such transitional period, the chief elected officials of each municipality within the planning region designated by the secretary pursuant to section 16a-4c shall constitute a transitional executive committee that shall have the following authority and responsibility: (A) To draft and propose bylaws for adoption by the certified regional council of governments; (B) to select and propose for election by the certified regional council of governments candidates for offices of such council, which may include one or more members of the transitional executive committee; (C) to propose staffing arrangements for adoption by the merged regional council of governments; (D) to prepare and propose, for adoption by the certified regional council of governments, a program of planning and implementation activities that shall provide for the assumption of active programs of the existing council or agency, as agreed upon and deemed appropriate by the transitional executive committee following appropriate due diligence and good faith negotiations, including a budget for such agreed-upon programs for a period not to exceed one year from the date on which the transitional period terminates; and (E) to propose, for adoption by the certified regional council of governments, the date on which the transitional period shall terminate, provided such date is not later than January 1, 2015.
(2) Upon the termination of the transitional period, the certified regional council of governments shall succeed to and be responsible for all of the rights, privileges and obligations, whether statutory or contractual, of any existing councils or agencies relating to such active programs as may be recommended by the transitional executive committee and adopted by the certified regional council of governments following appropriate due diligence and good faith negotiations during such transitional period. Any of the rights, privileges and obligations of the existing councils or agencies that are deemed unacceptable, in the sole discretion of the transitional executive committee, for assumption by the certified regional council of governments may continue to be administered by an unincorporated association of the municipalities that comprised the existing council or agency for a term to be determined by the member municipalities.
(1971, P.A. 821, S. 4; P.A. 73-679, S. 22, 23, 43; P.A. 75-537, S. 36, 55; P.A. 77-614, S. 19, 610; P.A. 06-196, S. 28; P.A. 13-247, S. 261; P.A. 14-217, S. 228, 256.)
History: P.A. 73-679 replaced director of state planning office with managing director, planning and budgeting division, department of finance and control or his designee; P.A. 75-537 replaced managing director with commissioner of planning and energy policy; P.A. 77-614 replaced commissioner with secretary of the office of policy and management; (Revisor's note: In 1995 the lower case Roman numeral indicators in Subsec. (b) were changed editorially by the Revisors to Arabic numerals for consistency with statutory usage); P.A. 06-196 made a technical change in Subsec. (d), effective June 7, 2006; P.A. 13-247 deleted Subsec. (a) designator, deleted provision prohibiting subsequent establishment of regional council of elected officials or regional planning agency within planning region where regional council of governments established, deleted former Subsecs. (b) to (d), and made technical changes, effective January 1, 2015; P.A. 14-217 amended Subsec. (a) by deleting provision prohibiting subsequent establishment of regional council of elected officials or regional planning agency within planning region where regional council of governments is established, deleted former Subsecs. (b) to (d) re transitional period and reversion to regional council of elected officials, added new Subsec. (b) re establishing a transitional executive committee during a transitional period and made technical changes, and repealed P.A. 13-247, S. 261, effective June 13, 2014.
