Article VIII. SPECIAL ACTS 1953, ACT NO. 321—BOARD OF POLICE COMMISSIONERS  

An act creating a board of police commissioners for the Borough and Town of Naugatuck.

Section 1. The department of police protection in the Borough and Town of Naugatuck shall be subject to such regulations as the board of police commissioners of said borough and town may adopt and provide. Said board shall have general control over the public safety and welfare, and such powers and duties as are hereinafter stated, together with all powers and duties which now are or hereafter may be vested by the laws of the state in the executive head of police departments. (Special Laws 1953, Act No. 321, § 1; Amd. of 11-8-94)

Section 2. There shall be a board of police commissioners in said town and borough consisting of the mayor, who shall be an ex-officio, non-voting member, and five electors of said town and borough, appointed by the mayor, who shall have been residents for the period of at least ten years next preceding the date of their appointment, and who bear a good reputation in the community. Annually, the mayor shall appoint one member to serve for five years, or until his successor is appointed and has qualified, to succeed the member whose term expires. No member appointed shall, at the time of his appointment and during his term of office, hold any other borough, town or state office or be an employee of the Borough and Town of Naugatuck. No more than three such appointive members shall at any time be from the same political party. 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. 321, § 2; Special Laws 1955, Act No. 520, § 1; Amd. of 11-8-94)

Section 3. The board of police commissioners shall administer, maintain and control the department of police protection of the town and borough, and shall appoint all policemen, both members and officers including the chief of police, except those coming within the provisions of section 16 hereof, all of whom shall hold office until reaching retirement because of age or disability, unless sooner removed for cause. The board shall set up all regulations pertaining to the police department, including standards governing the conduct and discipline of the members, officers and chief of police, standards governing the selection of members to the police department, and standards governing the promotions of members and officers in the police department, said standards of selection and promotion to include written examinations. (Special Laws 1953, Act No. 321, § 3; Amd. of 11-8-94)

Section 4. Upon reasonable notice and after due hearing, the board of police commissioners may remove from office, for malfeasance or for any neglect or refusal to properly perform his duties, any member or officer of said department of police protection, including the chief of police. Such removal shall require an affirmative vote of all five members of the board of police commissioners. (Special Laws 1953, Act No. 321, § 4; Amd. of 11-8-94)

Section 5. Any person in the department of police protection, including the chief of police, removed from office as provided in section 4 of this act, may appeal from the action of said board of police commissioners, within thirty days from the date of notice of such action, to the Court of Common Pleas for the judicial district of Waterbury at Waterbury. Said Court of Common Pleas may approve, modify or revoke the action of said board and may tax costs in its discretion. The action of the board shall remain in effect pending such an appeal, but, if said court shall modify or revoke the action of said board, its decree may relate back to the date of the action of said board. (Special Laws 1953, Act No. 321, § 5; Amd. of 11-8-94)

Section 6. No member of the board of police commissioners shall receive compensation for services as such, but the necessary and reasonable expenses of the board shall be paid by the borough. (Special Laws 1953, Act No. 321, § 6; Amd. of 11-8-94)

Section 7. The board of police commissioners shall hold meetings at least once a month and at other times as they may deem advisable. At its first meeting the board shall elect from its members a chairman who shall preside over all meetings. The clerk of said board shall be one of the members of the board who shall be elected by the board at its first meeting and who shall, in such capacity, keep minutes of all such meetings in a record book kept for that purpose. The clerk of said board shall issue a call for any meeting either at the discretion of the chairman or at the written request of any three members of the board. At all meetings three members shall constitute a quorum, and the concurrence of three votes shall be necessary for the transaction of business, except as set forth in section 4 of this act. (Special Laws 1953, Act No. 321, § 7; Amd. of 11-8-94)

Section 8. The board of police commissioners shall prepare the budget of the department of police protection and in addition shall submit to the board of mayor and burgesses at least semi-annually reports setting forth any recommendations, as follows: (a) Concerning wage scale of members and officers of said department, including the chief of police and those persons referred to in section 14 and section 15 hereof; (b) concerning the safety and welfare of the inhabitants of the Borough and Town of Naugatuck. (Special Laws 1953, Act No. 321, § 8; Amd. of 11-8-94)

Section 9. The word "member" or "members" as used in this act shall mean those persons in the department of police protection who hold the rank of regular patrolman, but shall not include those persons coming under the provisions of section 14 and 15 hereof. The word "officer" or "officers" as used in this act shall mean those in the department of police protection who shall be above the rank of regular patrolman but shall not mean the chief of police of said department. (Special Laws 1953, Act No. 321, § 9; Amd. of 11-8-94)

Section 10. The chief of police shall be the titular head of the department of police protection, and, as such, shall have charge and control, under the direction of the board of police commissioners, of the administration of said department, including the care and custody of its property, apparatus and equipment and the discipline of its members and officers in accordance with section 17 hereof. (Special Laws 1953, Act No. 321, § 10; Amd. of 11-8-94)

Section 11. All the members, officers and the chief of police, and those persons included in the provisions of section 15 hereof, shall have such authority as is vested in police officers by the laws of this state or by ordinance of the borough. (Special Laws 1953, Act No. 321, § 11; Amd. of 11-8-94)

Section 12. There shall be one chief of police in the department of police protection who shall sit in on all meetings of the board of police commissioners, but shall have no vote in any proceedings before the board. The number of members and the number of officers of said department shall be determined by the board of mayor and burgesses upon recommendation of the board of police commissions. (Special Laws 1953, Act No. 321, § 12; Amd. of 11-8-94)

Section 13. The clerk of the board of police commissioners may sign and issue subpoenas to compel the attendance of witnesses before the board of police commissioners at any lawful meeting of such board, and shall have such other powers as are set out in section 661 of the general statutes. (Special Laws 1953, Act No. 321, § 13; Amd. of 11-8-94)

Section 14. The board of police commissioners shall have power to appoint and define the duties of a police surgeon and special policemen, who shall serve at the pleasure of said board, notwithstanding the provisions of sections 4 and 5 hereof. Nothing in this section shall be construed to prevent the police surgeon from acting as fire surgeon. (Special Laws 1953, Act No. 321, § 14; Special Laws 1955, Act No. 520, § 2; Amd. of 11-8-94)

Section 15. The board of police commissioners shall have the power to appoint such supernumary patrolmen, as well as policewomen and police matrons, as the board may deem necessary in the public interest. The duties of any person appointed under the provisions of this section shall be defined and set by said board of police commissioners. (Special Laws 1953, Act No. 321, § 15; Amd. of 11-8-94)

Section 16. Any regular or supernumary policeman of the Borough of Naugatuck who is qualified as such prior to the time of the passage of this act shall not be affected in his status as a policeman or in his seniority, or in his rank or in his salary or wage by the passage of this act, but shall from the date of passage of this act be otherwise subject to the provisions of this act. (Special Laws 1953, Act No. 321, § 16; Amd. of 11-8-94)

Section 17. The chief of police and next highest ranking officer shall have the power to suspend members and officers from office for cause; but such suspension shall not continue for more than forty-eight hours, unless the person ordering such suspension shall, within such time, notify said board in writing of such suspension, the grounds of such suspension and the name of witnesses to sustain such charges. After notice shall have been given to the accused, said board shall hear and examine witnesses under oath or affirmation upon the charges and in defense, and any member or officer of the department shall have the right to be represented by counsel when appearing before said board on charges. Said board may continue the suspension or restore the member or officer to duty. In all cases in which the suspension is continued, the person suspended shall be deprived of his pay and of all the rights, privileges and powers of a policeman during the period of such suspension. Any person suspended under the provisions of this section may appeal in the same manner as is provided in section 5 of this act for removal from office. (Special Laws 1953, Act No. 321, § 17; Amd. of 11-8-94)

Section 18. Upon reasonable notice and 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 police 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. 321, § 18; Amd. of 11-8-94)

Section 19. Any member of the board of police commissioners removed from office, as provided in section 18 hereof, may appeal from the action of the board of mayor and burgesses in the same manner as is provided in section 5 hereof for the removal of a member or officer of the department. (Special Laws 1953, Act No. 321, § 19; Amd. of 11-8-94)

Section 20. All acts, pertaining to the Borough of Naugatuck, inconsistent herewith are repealed. (Special Laws 1953, Act No. 321, § 20; Amd. of 11-8-94)

Section 21. This act shall take effect upon its ratification by a 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 the town clerk shall notify the secretary of the state within ten days after such meeting, of the result of such vote. (Special Laws 1953, Act No. 321, § 21; Amd. of 11-8-94)