[Amended 11-5-1996; 11-6-2001; 11-4-2014; 11-5-2024[1]]
There shall be a Mayor and a City Council consisting of seven members, one from each ward. The Mayor and members of the City Council shall constitute the municipal officers of the City for all purposes required by statute and perform all duties required of municipal officers under the laws of the State. The Mayor and City Council shall receive an annual salary, payable quarterly, or such additional compensation and benefits but not in an amount exceeding their annual salary, as shall be fixed by five members of the City Council from time to time. The Mayor shall receive an annual salary of $10,000 and the City Councilors shall each receive an annual salary of $5,000, to be reviewed by Council every six years. The Council may by resolution and vote change the annual salary of the Mayor and/or the City Councilors, but no such resolution changing such salary and/or compensation and benefits shall become effective until approved by the voters of Saco in a referendum question in the next regularly scheduled municipal election, either primary or general. The Mayor and Councilors shall also receive their actual and necessary expenses incurred in the performance of their duties of office.
[1]
Editor's Note: This Charter amendment has an effective date of 1-1-2025.
a. 
Mayor. The Mayor shall be a resident and qualified voter of the City of Saco, and shall remain so during the term of office otherwise the office shall be declared vacant.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
b. 
Councilor. The Councilors shall be residents and qualified voters of the ward from which they are elected and shall remain so during their term of office, otherwise the office shall be declared vacant.
a. 
Holding Other Office. A person who holds an appointive office in the City government or is an employee of the City shall be eligible to be a candidate for an elective office in the City government, but shall not take elective office unless the person resigns from the appointive offices or City employment prior to the start of the term of office for which the person was elected, except as otherwise provided by law. However, a person holding a City elective office shall be eligible, during the term of that office, to become a candidate for the same or another City elective office. In the event such person is elected to the second City office, a vacancy shall exist in the first City office when such person qualifies for the second City office. No person shall be a candidate for more than one City elective office in the same municipal election. No person shall concurrently hold more than one City elective office. No former Mayor or Councilor shall hold any compensated appointive City office or City employment until one year after the expiration of the term for which the Mayor or Councilor was elected.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
b. 
Appointments and Removals. The Mayor, the City Council or any of its members shall not in any manner direct the appointment or removal of any City administrative officer or employee whom the City Administrator or any subordinates of the City Administrator are empowered to appoint, but the Mayor and the Councilors may express their views and freely discuss with the City Administrator anything pertaining to appointment and removal of such officers and employees.
[Amended 11-6-2018[2]]
[2]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
c. 
Interference With Administration. Except for the purpose of inquiries, the Mayor, the City Council or any of its members shall deal with City officers and employees who are subject to the direction and supervision of the City Administrator solely through the City Administrator. The Mayor, the City Council or any of its members shall not give orders to any such officers or employees either publicly or privately.
a. 
Election. The Mayor shall be elected by the voters of the entire City, and the City Councilors shall be elected by the voters or their respective wards.
b. 
Term. The Mayor and the City Councilors shall be elected for three (3) year staggered terms commencing on the first Monday of December. The Mayor and City Councilors shall continue to hold office until the expiration of their terms and until their successors are elected and qualified. Starting in December of 2019, the terms will become staggered. In the election cycle for November 2019, City Councilors from Ward 1, Ward 3, and Ward 6 will run for a one-time two-year term; thereafter for three-year terms, City Councilors from Ward 4, and Ward 5 will run for a three-year term; and City Councilors from Ward 2 and Ward 7 as well as the Mayor will run for a one-time four-year term; thereafter for three-year terms.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
c. 
[Amended 11-2-2021[2]] Deputy Mayor. In the event of a vacancy in the office of Mayor, the Deputy Mayor shall assume the office of Mayor with all the duties and obligations of that office in accordance with the provisions of Section 2.06(c)(1). The City Council shall nominate and elect from its membership a Deputy Mayor upon the commencement of the new Council year following each general election in November. The term of the Deputy Mayor shall run for one year, concurrent within the Council. A Deputy Mayor may be re-elected in any successor year. In the event the Council fails to elect the successor Deputy Mayor within thirty (30) days of vacancy, the position shall be filled by appointment of the Mayor.
In the case of a vacancy in the office of Deputy Mayor caused by the death, resignation, or removal of the incumbent Councilor, the Council shall nominate and elect from its membership a new Deputy Mayor who shall serve the remainder of the previous incumbent's one-year term.
[2]
Editor's Note: This Charter amendment has an effective date of 1-1-2022.
a. 
Vacancies. The office of Mayor or a City Councilor shall become vacant upon death, resignation, removal from office in the manner authorized by law, or forfeiture of office.
b. 
Forfeiture of Office. The Mayor or a City Councilor shall forfeit that office if that office holder:
[Amended 11-6-2018[1]]
1. 
Lacks at any time during the term of office any qualification for the office prescribed by this Charter or by law.
2. 
Violates any express prohibition of this Charter.
3. 
Is convicted of a crime or offense involving moral turpitude.
4. 
Fails to attend three consecutive regular meetings of the City Council without being excused by the City Council.
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
c. 
Filling of Vacancies.
1. 
A vacancy in the office of Mayor shall be filled by the Deputy Mayor, as provided in Section 2.05(c), and the new Mayor shall hold that office until the first Monday in December following the next regular municipal election. The remaining unexpired term of the Mayor's office, if any, shall be filled at that next regular municipal election. If such vacancy occurs less than seventy-five (75) days before the next regular municipal election, the unexpired term shall be filled by a special election within one hundred five (105) days from the day the vacancy is created. The vacancy created in the City Council by the elevation of the Deputy Mayor shall be filled in accordance with the provisions of Section 2.06(c)(2). A successor Deputy Mayor shall be selected by the City Council at the second regular meeting after certification of the results of the next regular municipal election.
[Amended 11-2-2021[2]]
[2]
Editor's Note: This Charter amendment has an effective date of 1-1-2022.
2. 
In the case of a vacancy created in the City Council, the City shall notify the general public and request letters of interest for a period of not less than twenty-one (21) days. The City Council shall nominate and the City Council confirm with a majority vote, from those letters of interest, an eligible and qualified resident of the applicable ward following a Public Hearing before the Council, to hold office until the remainder of the term can be filled at the next regular municipal election. After following the process identified above, if the City Council fails to fill the vacancy within 30 days, then the Mayor shall appoint a qualified resident to the seat, who shall hold it for the same length as if appointed by City Council. If such vacancy occurs less than seventy-five (75) days before the next regular municipal election to fill the office of Councilor the unexpired term of the Councilor shall be filled by a special election within one hundred five (105) days from the day the vacancy is created.
[Amended 11-2-2021]
3. 
Elections to fill vacancies shall be called and held, and nominations made as in other elections. See Article VII on Elections.
a. 
The Mayor shall be the Chief Executive Officer of the City and shall be recognized as the head of the City government.
b. 
The Mayor shall preside at all meetings of the City Council and the School Board and shall vote only in case of a tie.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
c. 
The Mayor shall have the power to veto any appropriations order, or any severable portion of any appropriation order without effecting the validity of the remainder of the order. If there is a veto of any such measure, that measure, with the Mayor's written objections, shall be returned at the next regular meeting of the City Council, and the City Council shall proceed to reconsider the same. If, upon reconsideration, it shall be passed by a vote of not less than five (5) members of the City Council, it shall have the same validity as if signed by the Mayor.
[Amended 11-6-2018[2]]
[2]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
d. 
Appointments. The Mayor shall appoint and the City Council confirm all members of municipal boards, committees, commissions or other municipal appointed positions created herein or that may be hereafter created of the City of Saco. All candidates interested in serving on a municipal board, committee, commission or other municipal appointed position created herein or that may be hereafter created; shall be a resident of the City of Saco; and must be a registered voter in the City of Saco throughout their term. All candidates shall apply for consideration for appointment by application filed with the City Clerk.
[Amended 11-2-2021; 11-7-2023[3]]
If an appointment has not been made by the Mayor and confirmed by City Council within thirty (30) days from the date of the vacancy, or a candidate fails to be confirmed by a majority of the City Council, the City Council shall then proceed to fill the vacancy-based upon applications received to that date. If in the event no candidates for filling the vacant membership has applied, or no suitable candidate identified, the Mayor shall be provided the opportunity to appoint within another 30 days. If after sixty (60) days from the date of vacancy no candidate has been appointed and confirmed, the City Council shall then proceed to fill the vacancy.
A vacancy in the membership on a municipal board, committee, commission or other appointed positions shall be determined upon the notification of the City Clerk about occurrence of any of the following:
1. 
The death of a member;
2. 
The effective date of the resignation of a member;
3. 
The expiration of the term of office;
4. 
Three unexcused absences during a one-year period;
5. 
The removal by City Council for having engaged in misconduct, criminal activity, or for violating the Code of Ethics/Conduct of the City, or otherwise acting in violation of their oaths of office;
6. 
No longer a registered voter in the City.
A member may resign by submitting a written resignation to the Chairperson, the Mayor, City Council and City Clerk for the resignation to be valid. The member's office shall become vacant on the effective date the resignation.
The Mayor may serve as a non-voting member of all municipal boards and commissions, except where prohibited by law. The Mayor shall, at the beginning of each Council year, appoint a Councilor to serve as a liaison to each and every municipal board, body, or commission. The liaison's term shall run for one year. The Mayor may only appoint a new liaison to any municipal board, body, or commission during the Council year if a vacancy arises, in which event the Mayor shall appoint a successor liaison to serve out the balance of the Council year.
[3]
Editor's Note: This Charter amendment has an effective date of 1-1-2024.
e. 
The Mayor shall have no administrative duties except those expressly granted by this Charter.
f. 
The Mayor shall have frequent conferences with the City Administrator. The Mayor will keep the City Council informed as to the progress on all City Council directives, the general financial standing of the City, the current status of all negotiations, Administrative proposals for future City plans, and recommendations for City Council action. The Mayor will request any information and supporting documents that the Mayor believes are necessary in order for the Mayor and the City Council to make reasoned and informed decisions on matters coming before the City Council or its member Committees.
[Amended 11-6-2018[4]]
[4]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
g. 
The Mayor shall exercise such other powers and perform such other duties as may be prescribed by this Charter, by ordinance, or by applicable State law.
h. 
Office of the Mayor. The City can provide a ceremonial office in City Hall for the Mayor, for the conduct of official functions only, at a location determined by the City Administrator.
[Added 11-8-2022[5]]
[5]
Editor's Note: This Charter amendment has an effective date of 7-1-2023.
a. 
Meetings. The City Council shall meet regularly at least once in every month at such times and places as the City Council may prescribe by rule. Special meetings shall be held on the call of the Mayor or of four City Councilors upon not less than twenty-four (24) hours notice to each City Councilor to be given in hand or left at the usual dwelling place of each City Councilor. Only those matters set forth in the call for the special meeting may be acted upon at the special meeting. All meetings shall be public.
b. 
Rules and Journal. The City Council shall determine its own rules and order of business at the first meeting of each newly elected City Council. The City Council shall provide for the keeping of a journal of its proceedings. This journal shall be a public record and shall be kept in the office of the City Clerk.
c. 
Voting. Voting, except on procedural motions, shall be by open roll call, and the Ayes and Nays shall be recorded in the journal. Four members of the City Council shall constitute a quorum, but a smaller number may adjourn from time to time. No action of the City Council except for adjournment, shall be binding or valid unless adopted by the affirmative vote of four (4) or more members of the City Council. No ordinance and no appropriation order or resolve, other than an emergency action, shall be passed until it has been read on two separate days at least seven (7) days apart.
d. 
Action. The City Council shall act only by ordinance, order or resolve. All ordinances, orders, and resolves, except those pertaining to appropriations, shall be confined to one subject which shall be clearly expressed in the title.
e. 
Published Agenda. An agenda shall be prepared for each regular meeting of the City Council. The agenda shall close forty-eight (48) hours before such meeting and shall be made public. No item may be brought before the City Council which does not appear on the agenda, except emergency items authorized by Section 2.10 and Section 6.09(b). Each item on the agenda shall clearly describe the subject to which it relates.
a. 
Form. Every proposed ordinance shall be introduced in writing and in the form proposed for final adoption. No ordinance shall contain more than one (1) subject, which shall be clearly stated in its title. The enacting clause shall be "The City of Saco hereby ordains......"
b. 
Procedure. A proposed ordinance shall be placed on the agenda by the Mayor or any City Councilor at any regular or special meeting of the City Council. Upon introduction of any ordinance, the City Clerk shall distribute a copy to the Mayor, to each City Councilor and to the City Administrator. The Clerk shall file a reasonable number of copies in the office of the City Clerk and such other public places as the City Council may designate. A public hearing shall be held on the proposed ordinance. Prior to public hearing, the Clerk shall post the entire ordinance and shall publish a brief summary along with notice of the public hearing. The public hearing shall follow the publication and the posting by at least seven (7) days, and may be held separately or in connection with a regular or special City Council meeting. All persons interested shall have a reasonable opportunity to be heard. After the hearing, the City Council shall hold a second reading, no less than seven (7) days and no more than thirty (30) days, following the date of the public hearing, at which time the City Council may adopt the ordinance, with or without amendment, or reject it. As soon as practicable after the adoption of any ordinance, the Clerk shall post the approved ordinance.
[Amended 6-17-2019[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 1-1-2020.
c. 
Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or any later date specified therein.
d. 
"Publish" Defined. As used in this Section, the term "Publish" means to print at least once in one or more newspapers of general circulation in the City:
[Amended 6-17-2019[2]]
1. 
The date, time and place for the public hearing on a proposed ordinance and for its consideration by the City Council, or as applicable the date of adoption and effective date of an ordinance;
2. 
A brief summary of the ordinance; and
3. 
The place where a full version of the proposed ordinance has been filed, and the time when it is available for public inspection.
[2]
Editor's Note: This Charter amendment has an effective date of 1-1-2020.
e. 
"Post" Defined. As used in this section, the term "post" shall mean to place a full version of the proposed ordinance or the adopted ordinance in a public place at City Hall and on the City's website.
[Added 6-17-2019[3]]
[3]
Editor's Note: This Charter amendment has an effective date of 1-1-2020.
To meet a public emergency, affecting life, health, property or the public peace, the City Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in Section 6.09(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that the emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or rejected, at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. An emergency ordinance, except one made pursuant to Section 6.09(b), shall automatically stand repealed as of the sixty-first (61) day following the date on which it is adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Section, if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
a. 
Authentication and Recording. The City Clerk shall authenticate by the Clerk's signature, and record in full, in a properly indexed book for the purpose, all ordinances, orders and resolves adopted by the City Council.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date of 7-9-2019.
b. 
Codification. Within every ten (10) year period, the City Council shall provide for the preparation of a general codification of all City ordinances having the force and effect of law. The general codification shall be adopted by the City Council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the City Council may specify. This compilation shall be known and cited officially as the Saco City Code. Copies of the Code shall be furnished to City officers, placed in libraries and public offices in the City of Saco for free public reference, and made available for purchase by the public at a reasonable price fixed by the City Council.
c. 
Printing of Ordinances. The City Council shall cause each ordinance having the force and effect of law to be reproduced promptly following its adoption and the ordinances shall be distributed or sold to the public at a reasonable price to be fixed by the City Council. Following publication of the first Saco City Code and at all times thereafter, the ordinance shall be reduced in substantially the same style as the code currently in effect and shall be suitable in form for integration therein.