Article VII. SPECIAL ACTS 1953, ACT NO. 173—BOARD OF FIRE COMMISSIONERS  

An act concerning the creation of a board of fire commissioners for the Borough of Naugatuck and Town of Naugatuck.

Section 1. [Created.] There shall be a board of fire commissioners consisting of the mayor of the Borough of Naugatuck, who shall be an ex-officio, non-voting member and five electors of said borough who shall have resided in said borough not less than ten years next preceding the date of their appointment and who shall be appointed by the mayor not less than ten nor more than thirty days after the borough and town election in Naugatuck. No more than three such appointive members shall at any time serve thereon from the same political party. Said members shall serve without compensation but the necessary and reasonable expenses of said board shall be paid by the borough. No member shall have authority to act for the board except pursuant to an order legally made at a meeting of said board. No appointive member of the board shall hold any other borough, town or state office or be employed by the Borough or Town of Naugatuck. In the event of a vacancy in said board for any reason including disability, resignation, death, removal of residence from the borough, disqualification by reason of loss of elector's rights or removal from office the mayor shall within thirty days of such vacancy appoint an elector of said borough to serve for the remainder of the unexpired term. (Special Laws 1953, Act No. 173, § 1; Special Laws 1955, Act No. 519, § 1; Amd. of 11-8-94)

Section 2. Term of board. In making such appointments in 1953, the mayor shall appoint one of said fire commissioners to serve for one year, one for two years, one for three years, one for four years, and one for five years, each to serve for the term for which he was appointed and until his successor is appointed and has qualified. In May, 1954, and annually thereafter, the mayor shall appoint one member to said board to serve for a period of five years and until his successor is appointed and has qualified, to succeed the member of the board whose term expires. (Special Laws 1953, Act No. 173, § 2; Amd. of 11-8-94)

Section 3. How constituted. There shall continue to be in the Borough of Naugatuck a fire department which shall consist of a chief engineer, a first assistant engineer, a second assistant engineer, a captain and such number of other officers, members and employees as the board of fire commissioners may recommend to the board of mayor and burgesses. The officers, members and employees of said fire department, at the time of the passage of the act, shall continue to hold office, membership and employment in said department in their present grades, unless promoted, dismissed, suspended or reduced in rank in accordance with the provisions of sections 4 and 6 of this act. (Special Laws 1953, Act No. 173, § 3; Amd. of 11-8-94)

Section 4. [Powers.] Said board of commissioners shall have general management and control over fire protection in the Borough of Naugatuck, including fire hydrants and the fire alarm system, together with the power to make all necessary regulations for the government of said fire department. Said board shall appoint, make promotions and prescribe the duties and qualifications of all officers, members and employees of the department, including the superintendent of fire alarm; dismiss, suspend or reduce in rank any such officer, member or employee, subject to the right to appeal as hereinafter provided; and fix compensation of all such officers, members and employees, subject to the approval of the board of mayor and burgesses, except where compensation has been established by legislative act. The board of fire commissioners shall submit to the board of mayor and burgesses annually a budget of its estimated expenditures for the ensuing year. (Special Laws 1953, Act No. 173, § 4; Special Laws 1955, Act No. 519, § 2; Amd. of 11-8-94)

Section 5. Officers of board and meetings. Said board shall annually elect one of its members to be chairman and shall elect a secretary who shall be a member of the board. Said board shall hold regular meetings and keep records of the same. Meetings may be called by the chairman of the board or by three of its members. A majority of the members of the board shall constitute a quorum for transaction of business. (Special Laws 1953, Act No. 173, § 5; Amd. of 11-8-94)

Section 6. Removal only for cause. Appeals. All officers, members and employees of said fire department shall hold office, membership and employment in said department until dismissal by unanimous vote of all five members of the board of fire commissioners for cause, provided, upon dismissal, reduction in rank or suspension, the person dismissed, suspended or reduced in rank, may appeal from the action of said board within thirty days from the date of notice of such action, to the Court of Common Pleas for the judicial district of Waterbury to be held at Waterbury. Said court may approve, modify or revoke the action of said board and may tax costs at its discretion. The action of the board shall remain in effect pending such appeal, but if the said court shall modify or revoke the action of said board, its decree may relate back to the date of the action of said fire commissioners. (Special Laws 1953, Act No. 173, § 6; Amd. of 11-8-94)

Section 7. Volunteers. The powers of appointment and removal conferred upon the board of fire commissions in section 4 of this act shall not be construed to include the officers of the volunteer fire company forming a part of the fire department of the Borough and Town of Naugatuck. Said volunteer company shall function as an independent group under its own regulations; provided said regulations do not in any way contravene the regulations of the department; and provided further, during fires or period of emergency, the chief engineer, or his designated subordinate shall have complete control over all firemen, regular and volunteer. (Special Laws 1953, Act No. 173, § 7; Amd. of 11-8-94)

Section 8. Removal of fire commissioners from office. Upon reasonable notice and after due hearing, the board of mayor and burgesses may remove from office, for malfeasance or for any neglect or refusal to properly perform his duties, any member of the board of fire commissioners. Such removal shall require an affirmative vote of at least five members of the board of mayor and burgesses. (Special Laws 1953, Act No. 173, § 8; Amd. of 11-8-94)

Section 9. Appeal from removal from office. Any member of the board of fire commissioners removed from office, as provided in section 8 hereof, may appeal from the act of the board of mayor and burgesses in the same manner as is provided in section 6 hereof. (Special Laws 1953, Act No. 173, § 9; Amd. of 11-8-94)

Section 10. Volunteer services. Notwithstanding the provisions of Section 7 of Special Act No. 173, all volunteer safety services, including, but not limited to, the Rescue Squad, Ambulance Corps, Fire Department and the Fire Police shall fall under jurisdiction of the Board of Fire Commissioners. (Ref. of 5-3-93; Amd. of 11-8-94)

Section 11. Repeal of former acts. The provisions of any act pertaining to the Borough and Town of Naugatuck, inconsistent herewith, are repealed. (Special Laws 1953, Act No. 173, § 10; Amd. of 11-8-94)

Editor's note— At the direction of the borough, section 10 of article VII has been renumbered to section 11.

Section 12. Effective date. This act shall take effect upon its ratification by majority vote of the electors of said town and borough who are present and voting on this act at a special meeting duly warned and held for such purpose after May 5, 1953, but before May 30, 1953, and clerk of said town, within ten days after such special meeting shall notify the secretary of state of the result of such vote. (Special Laws 1953, Act No. 173, § 11; Amd. of 11-8-94)

Editor's note— See also Article XIV of this subpart (Special Acts 1969, Act No. 30) for the mayor's membership and voting rights on the board of fire commissioners.

At the direction of the borough, section 11 of article VII has been renumbered to section 12.