[Amended by Res. No. 1997-3R; 5-19-2014 by Res. No. 05-19-14]
All legislative powers of the Town shall be vested in a Council
consisting of five Councilmembers, who shall be elected as hereinafter
provided with elections scheduled so that approximately 1/2 of the
Council is elected every two years and who shall hold office for a
term of four years or until the succeeding Council takes office.
[Amended by Res. No. 1997-3R; 5-19-2014 by Res. No. 05-19-14]
Councilmembers shall have resided in the Town for at least two
years immediately preceding their election and shall be qualified
voters of the Town. They shall maintain a permanent residence in the
Town during their term of office.
[Amended 5-19-2014 by Res. No. 05-19-14]
Each Councilmember shall receive an annual salary, the rate
for which shall be equal for all Councilmembers and shall be as specified
by an ordinance passed by the Council in the regular course of its
business; provided, however, that the salary specified at the time
any Council takes office shall not be changed during the period for
which that Council was elected. The ordinance making any change in
the salary paid to the several Councilmembers, either by way of increase
or decrease, shall be finally obtained prior to the municipal election
for the members of the next succeeding Council and shall take effect
only as to members of the next succeeding Council.
[Amended by Res. No. 1997-3R; 5-19-2014 by Res. No. 05-19-14]
The newly elected Council shall meet at the next regularly scheduled
session following its election for the purpose of organization, after
which the Council shall meet regularly at such times as may be prescribed
by its rules but not less frequently than once each month. Special
meetings shall be called by the Clerk-Treasurer upon the request of
the Mayor or a majority of the members of the Council. All meetings
of the Council shall be open to the public. Nothing contained herein
shall be construed to prevent the Mayor and Town Council from holding
executive and/or closed sessions from which the public is excluded,
in accordance with the safeguards provided by state law, but no ordinance,
resolution, rule or regulation shall be finally adopted at such a
closed meeting. The rules of the Council shall provide that any residents
of the Town shall have reasonable opportunity to be heard at any meeting
in regard to any municipal question.
[Amended 5-19-2014 by Res. No. 05-19-14]
The Council shall be the Judge of the election and qualification
of its members. A member of the Council may be removed from office
and the seat declared vacant under the following conditions: (1) the
member ceases to be qualified as required by the Charter; (2) the
member is convicted of a crime involving moral turpitude; (3) the
member is convicted of any violation of local or state law where such
penalties include forfeiture of office; or (4) the member is absent
to the extent that his or her performance is affected, and the other
Councilmembers vote unanimously to remove the member. If one or more
of the aforementioned conditions are met, Council may remove a member
by adoption of a resolution. Before consideration and passage of any
such resolution, the member shall be provided written notice and an
opportunity to be heard at a public meeting.
[Amended 5-19-2014 by Res. No. 05-19-14]
The Mayor shall serve as President of the Council.
The Mayor may take part in all discussions, but shall have no vote.
The Council shall elect a Vice President of the Council from among
its members, who shall act as President of the Council in the absence
of the President of the Council.
A majority of the members of the Council shall
constitute a quorum for the transaction of business, but no ordinance
shall be approved nor any other action taken without the favorable
votes of a majority of the whole number of members elected to the
Council.
The Council shall determine its own rules and
order of business. It shall keep a journal of its proceedings and
enter therein the yeas and nays upon final action on any question,
resolution or ordinance or at any other time if required by any one
member. The journal shall be open to public inspection.
Vacancies in the Council shall be filled as
provided in § C6-15 of this Charter.
[Amended 5-19-2014 by Res. No. 05-19-14; 4-6-2016 by Res. No. 04-06-16]
No ordinance shall be passed at the meeting
at which it is introduced. At any regular or special meeting of the
Council held not less than six, nor more than 60 days after the meeting
at which an ordinance was introduced, it shall be passed or passed
as amended or rejected or its consideration deferred to some specified
future date. In cases of emergency, the above requirement may be suspended
by the affirmative votes of four members of the Council. Every ordinance,
unless it is passed as an emergency ordinance, shall become effective
at the expiration of 20 calendar days following approval by the Mayor
or passage by the Council over a veto. A fair summary of each ordinance
shall be published at least twice in a newspaper or newspapers having
general circulation in the municipality, and complete and exact copies
of the ordinance shall be posted in the Town office for not less than
20 days after its enactment. An emergency ordinance shall become effective
on the date specified in the ordinance, but no ordinance shall become
effective until approved by the Mayor or passed over a veto by the
Council.
[Amended 5-19-2014 by Res. No. 05-19-14]
All ordinances passed by the Council shall be
promptly delivered by the Clerk-Treasurer to the Mayor for his approval
or disapproval. If the Mayor approves any ordinance, he or she shall
sign it. If the Mayor disapproves any ordinance, he or she shall not
sign it. The Mayor shall return all ordinances to the Clerk-Treasurer
within six days after delivery to him (including the days of delivery
and return and excluding Sunday) with approval or disapproval. Any
ordinance approved by the Mayor shall be law. Any ordinance disapproved
by the Mayor shall be returned with a message stating the reasons
for his disapproval. Any disapproved ordinance shall not become a
law unless subsequently passed by a favorable vote of 4/5 of the whole
Council within 35 calendar days from the time of the return of the
ordinance. If the Mayor fails to return any ordinance within six days
of its delivery as aforesaid, it shall be deemed to be approved by
the Mayor and shall become law in the same manner as an ordinance
which has been signed.
All ordinances passed by the Council shall be promptly delivered
by the Clerk-Treasurer to the Mayor for approval or disapproval. If
the Mayor approves any ordinance, he or she shall sign it. If the
Mayor disapproves any ordinance, he or she shall not sign it. The
Mayor shall return all ordinances to the Clerk-Treasurer within six
days after delivery (including the days of delivery and return and
excluding Sunday) with an approval or disapproval. Any ordinance approved
by the Mayor shall be law. Any ordinance disapproved by the Mayor
shall be returned with a message stating the reasons for disapproval.
Any disapproved ordinance shall not become a law unless subsequently
passed by a favorable vote of 4/5 of the whole Council within 35 calendar
days from the time of the return of the ordinance. If the Mayor fails
to return any ordinance within six days of its delivery as aforesaid,
it shall be deemed to be approved by the Mayor and shall become law
in the same manner as an ordinance which has been signed.
Ordinances shall be permanently filed by the
Clerk-Treasurer and shall be kept available for public inspection.
