How Officials Come and Go: Appointments, Vacancies, and Removals in Andover

← Back to Index

This document explains how Andover's elected and appointed officials are selected, how their positions are filled when they become vacant, how they may be removed, and what obligations they carry while in office. These rules are scattered across multiple chapters of the Charter; this document gathers them into a single narrative. References to Charter sections link to the online version at charter2024.andoverct.info.

Two Distinct Categories of Officials

Andover's Charter draws a fundamental distinction between elected officials and appointed officials. Each category has its own rules for selection, vacancy filling, and removal.

Elected officials include: the Board of Selectmen (including the First Selectman), the Town Clerk, the Board of Finance, the Board of Assessment Appeals, the Planning and Zoning Commission, the Zoning Board of Appeals, the Board of Education, the Fire Commission, the Registrars of Voters, and the Regional Board of Education. See the Andover Elections overview for details on how these officials are elected.

Appointed officials fall into two sub-categories:

• Appointed board members — members of the town commissions, committees, and agencies listed in Section 606, appointed by the Board of Selectmen.
• Administrative officers — the professional staff positions enumerated in Section 702, appointed by the Board of Selectmen (except the Town Clerk, who is elected).

Appointed Boards: Who Serves and for How Long

Under Section 601, members of all appointed boards, commissions, committees, authorities, and agencies shall be appointed by the Board of Selectmen by majority vote of the entire Board (three of five), except as specifically provided in Section 606J (the Capital Improvement Plan Committee, which draws designees from other boards).

To be eligible, all members of appointed boards must generally be electors of the Town (Section 602). The BOS may impose additional qualifications. Members serve without compensation, but may be reimbursed for ordinary expenses if an appropriation has been authorized for that purpose.

Default term length: Two years (Section 605). Terms commence on the first Monday in July of 2025 and biennially thereafter. All board members are eligible for reappointment and continue to serve until a successor is appointed and qualified — meaning a vacancy in the appointment process does not automatically create a gap in service.

The appointed Town boards established by the Charter are (Section 606):

• Conservation Commission (5 members)
• Recreation Commission (5 members)
• Economic Development Commission (5 members)
• Memorial Day Committee (5 members)
• Norton Fund Commission (5 members)
• Library Board of Directors (5 members)
• Inland Wetlands Commission (5 members)
• Ordinance Review Committee (5 members)
• Any other boards created by ordinance
• Capital Improvement Plan Committee (7 members — special composition; see below)

The Capital Improvement Plan Committee (Section 606J) has a unique composition: one designee chosen by each of the Board of Education, Board of Fire Commissioners, Board of Finance, and Board of Selectmen (four members from existing boards), plus three at-large members who are not members of any of those boards, appointed as provided in Sections 601 and 605.

The Town Meeting may, by ordinance, provide for the appointment of alternates to any appointed board when deemed necessary (Section 607).

Administrative Officers: The Competitive Examination Requirement

For the administrative officer positions listed in Section 702, the Charter imposes a more rigorous appointment process than for board members. Under Section 701, appointments to these positions shall be made through competitive examination. A screening/interview committee made up of incumbents from similar positions in other towns evaluates candidates and determines qualified finalists. The Board of Selectmen then appoints from among those qualified candidates.

The BOS may modify the competitive examination process by a majority vote after holding a public hearing, and any modifications must be recorded with the Town Clerk.

Positions subject to the competitive examination requirement, and which carry permanent status (meaning removal requires cause and a supermajority), include: the Town Assessor, Building Official, Treasurer, Tax Collector, and Public Works Maintenance Team Leader. The Zoning Enforcement Officer has a hybrid process — appointment by majority BOS vote with the advice and consent of a majority of the Planning and Zoning Commission; removal by 4/5 BOS vote also with PZC advice and consent.

See the Andover Governance Structure overview for the full table of administrative positions.

Filling Vacancies in Appointed Boards

When a vacancy arises on an appointed Town board — from whatever cause — it must be filled within 60 days of notice to the Town Clerk (Section 603A). The appointment is for the unexpired portion of the term.

The process (Section 603B):

1. The chair of the affected board notifies the major political parties and the general public of the vacancy.
2. All recommendations for appointment must be made to the Board of Selectmen within 35 days of the vacancy notice.
3. The affected board itself makes the appointment to fill the vacancy.
4. If the affected board fails to act within the 60-day window, the Board of Selectmen may then fill the vacancy.

This means the primary responsibility for filling appointed board vacancies lies with the board that has the vacancy, not with the Board of Selectmen — though the BOS retains authority to act if the board fails.

Filling Vacancies in Elected Offices

The rules for filling vacancies in elected offices are nearly identical to those for appointed boards (Section 208):

• The vacancy must be filled within 60 days of notice to the Town Clerk (Section 208A).
• The appointment is made by vote of the affected board, agency, etc. and is for the unexpired portion of the term.
• The chair notifies the major political parties and public; recommendations to the BOS are due within 35 days (Section 208B).
• If the affected body fails to act within 60 days, the Board of Selectmen may fill the vacancy.

The same framework covers vacancies on the Board of Finance, Planning and Zoning Commission, Zoning Board of Appeals, Board of Education, Fire Commission, and other elected boards.

Resignations from any elected or appointed office must be submitted in writing to the Town Clerk, with copies to the First Selectman and the chair of the relevant body (Section 1010). Resignations by the Town Clerk go to the First Selectman.

Removal for Cause: Appointed Board Members

Any member of an appointed Town board may be removed by the Board of Selectmen for cause. The removal threshold is four of the five Selectmen (80%) (Section 410).

The Charter-required process:

1. The BOS adopts a resolution proposing removal and serving the member with a written statement by certified mail explaining why they should be removed.
2. Within 15 days of that written notice, the member may request a public hearing before the BOS, at which they may appear with counsel.
3. If a hearing is requested, the member may not be removed until the hearing has been held.
4. The BOS must issue a final decision within 15 days of the close of the hearing.
5. The BOS decision is final.

This is a meaningful process: the member has notice, a right to be heard with counsel at a public proceeding, and a defined timeline. But the standard is the Board's own judgment ("for cause"), and the decision is not appealable within the Charter.

Removal for Cause: Administrative Officers

For most administrative officers with permanent status (Assessor, Building Official, Treasurer, Tax Collector, Public Works Maintenance Team Leader), removal also requires cause and a four-fifths (80%) BOS vote — the same supermajority threshold as for appointed board members, though the process may differ based on any applicable employment contract.

The Town Administrator has a separate and more protective removal process — see the Andover Governance Structure overview for full details.

Deemed Resignation for Non-Attendance

Perhaps the most surprising provision in the Charter is Section 411: a member of an appointed board or agency who fails to attend meetings at a certain threshold is automatically deemed to have resigned, regardless of whether the BOS takes any action.

Specifically, resignation is deemed when a member, without good cause and without timely notifying the Chair or Vice-Chair of the reasons:

• Fails to attend at least two-thirds of the regular meetings of the board or agency during any 12 consecutive months, or
• Fails to attend six consecutive regular meetings.

Either trigger results in automatic deemed resignation. The Chair (or Vice-Chair, if the Chair is the one whose attendance is at issue) has a duty to promptly inform the Board of Selectmen of the resulting vacancy. Importantly, the Charter specifies that the Chair's failure to notify the BOS does not affect the deemed resignation — the resignation is automatic by operation of the Charter, not by BOS action.

The resulting vacancy is then filled under the vacancy-filling procedures in Section 208 or Section 603 as appropriate.

The exception is "good cause" with timely notification — a member who communicates why they cannot attend, and whose reason constitutes good cause, does not trigger the automatic resignation. But the threshold for regular attendance (two-thirds of meetings over 12 months) applies even with intermittent absences; and six consecutive missed meetings triggers the provision regardless of cause, unless good cause is properly communicated.

Conflicts of Interest and Nepotism

Section 1003 imposes mandatory disclosure and disqualification requirements on all elected and appointed officials, board members, and employees.

Financial conflicts: Any official or employee who has a financial interest — direct or indirect — in any contract, transaction, or decision of the Town, or who is a member, associate, or employee of an organization with such an interest, must:

1. Disclose that interest to the Board of Selectmen for recording in their official records.
2. Be disqualified from participating in the awarding, assignment, or discussion of that contract, transaction, or decision.

Hiring conflicts (nepotism): Any official or employee who is in a position to hire or approve a hiring decision must not participate in the discussion, voting, or decision to hire an applicant who is "related" to them. "Related" is defined in Section 105K as: spouse, son, daughter, father, mother, sister, brother, brother-in-law, sister-in-law, father-in-law, mother-in-law, first or second cousin, and anyone who lives in the same dwelling.

Consequences of violation: Any official who violates the conflict-of-interest provisions may be removed pursuant to Section 410. Any contract, transaction, or decision made in violation of this section is voidable by the Board of Selectmen following a public hearing, or by court order.

Minority Representation on Appointed Boards

Minority representation on all appointed town boards, commissions, committees, and agencies is determined in accordance with C.G.S. 9-167a (Section 604). This statute generally limits how many members of the same political party may serve on multi-member boards, protecting the ability of minority parties to have representation.

Rules of Procedure for Appointed Boards

Each appointed Town board must, by resolution, establish its own rules of procedure (Section 608). These rules must be filed with the Town Clerk and the Board of Selectmen within 30 days of adoption (and within 7 days of any amendment). If a board fails to adopt or file rules, it is deemed to have adopted Robert's Rules of Order.

Summary: Who Fills Vacancies?

Key Charter Sections Referenced

• Section 105K — Definition of "related" (nepotism)
• Section 208 — Vacancies in elected offices
• Section 410 — Removal of appointed board members for cause
• Section 411 — Deemed resignation for non-attendance
• Section 601 — Appointed boards: general appointment authority
• Section 602 — Eligibility and compensation for appointed board members
• Section 603 — Vacancies on appointed boards
• Section 604 — Minority representation on appointed boards
• Section 605 — Terms of office for appointed board members
• Section 606 — List of appointed Town boards
• Section 607 — Alternates to appointed boards
• Section 608 — Rules of procedure for appointed boards
• Section 701 — Competitive examination for administrative officers
• Section 702 — Administrative positions
• Section 1003 — Conflicts of interest and nepotism
• Section 1010 — Resignations

Key State Statutes Referenced

• C.G.S. 9-167a — Minority representation on appointed boards and commissions

This document is intended as an informational overview for residents and officials. It was written by Scott Sauyet. I am not a lawyer; this is not legal advice. The authoritative sources are the Andover Town Charter and the Connecticut General Statutes.