[Amended 11-6-2018[1]]
Any City officer or employee who has a substantial financial
interest in any contract with the City or in the sale of land, material,
supplies or services to the City or to a contractor supplying the
City shall make known that interest and shall refrain from voting
upon or otherwise participating in that officer's or employee's capacity
as a City officer or employee in the making of such sale or in the
making or performance of such contract. In the absence of actual fraud,
no City official, officer or employee shall be deemed to have a substantial
direct or indirect financial interest merely because of the position
or status as official, officer, employee or stockholder of a private
corporation to which the question relates or with which the City contracts,
unless the City official, officer or employee is directly or indirectly
the owner of at least ten percent (10%) of the stock of the private
corporation. Any City officer or employee who willfully conceals such
a substantial financial interest or willfully violates the requirements
of this Section shall be guilty of malfeasance in office or position
and shall forfeit that person's office or position. Willful violation
of this Section by the person or corporation contracting with or making
a sale to the City, shall render the contract or sale voidable.
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
[Amended 11-6-2018[1]]
a.
Activities Limited.
1.
No person holding any compensated, appointed City position shall
orally, by letter, or otherwise, solicit or assist in soliciting any
assessment, subscriptions or contributions for any political party
or political purpose whatever.
2.
No person who holds any compensated appointed City position shall:
make, solicit or receive any contribution to the campaign fund of;
or participate actively as a member of a campaign committee in any
capacity; for any political party or any candidate for public office,
but the employee may exercise all-rights as a citizen to express an
opinion and to cast a vote.
3.
No former
department head or department manager of the City and no former Mayor
or City Council member (altogether "City Official") may, for a period
of one year from their termination of office or employment, lobby,
solicit business from, consult with, or advise (for payment, profit
or not, on their own behalf, or on behalf of third parties) any City
board, City administration official or Department, or the City Council.
No City Official may, for a period of one year, represent a third
party before any City entity, board, council or administration where
the former City Official practiced or worked. No part of the above
clause shall be interpreted to bar or limit any citizen from addressing
the City Council for or upon their own personal interests or matters.
[Added 11-2-2021[2]]
[2]
Editor's Note: This Charter amendment has an effective date
of 1-1-2022.
b.
Penalties. In addition to any criminal penalties to which an officer
or employee might be subjected, any person who individually or with
others willfully violates any of the provisions of Subsection a shall
be guilty of a civil violation and upon conviction thereof shall be
punished by a fine of not more than $500.00. Any person convicted
under this Section shall be ineligible for a period of five years
thereafter to hold any City office or position, except as otherwise
provided by law.
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
a.
Judge of Election Matters. The City Council shall be the judge of election and qualifications of the Mayor, the City Councilors, and of the grounds for forfeiture of their offices. The City Council shall have the power to subpoena witnesses, administer oaths and require the production of evidence in accordance with the provisions of Section 9.04. An individual charged with conduct constituting grounds for forfeiture of office under this Charter shall be entitled to a public hearing upon a written request made within 10 days of the filing of the charge and notice of such hearing shall be published on the City's website and social media accounts and in a newspaper of general circulation in the City at least one week in advance of the hearing. Decisions made by the City Council under this section shall be subject to review by the Courts. The Saco School Board shall be the judge of elections and qualifications for School Board members. The School Board shall have and exercise the same standards, duties and powers described hereinabove in this section as are applicable to the City Council.
b.
Removal
from City boards, bodies, and commissions. The City Council shall
hold the authority to remove any appointed member of a City board,
body, or commission if such member is determined to have engaged in
misconduct, criminal activity, for violating the Code of Ethics/Conduct
of the City, or otherwise acting in violation of their oaths of office.
The City Council may make investigations into
the affairs of the City and the conduct of any City Department, office,
agency, board or commission. The City Council shall enact an ordinance
providing for the conduct of such investigations and the issuance
of subpoenas.
[Amended 11-6-2018[1]]
All officers of the City, elected or appointed, shall, before
entering upon the duties of their office, take and subscribe to the
following oath or affirmation, to be filed and kept in the office
of the City Clerk: "I solemnly swear (or affirm) that I will support
the Constitution and will obey the laws of the United States and the
State of Maine; that I will in all respects observe the provisions
of the Charter and ordinances of the City of Saco, and will faithfully
discharge the duties of the office of."
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
The City Council shall require a corporate surety
bond in such amount as it may specify, from all persons trusted with
the collection, custody or disbursement of any of the public moneys,
supplies or materials, and may require such bond from any other persons
as it may deem advisable. Every bond shall be approved by qualified
legal advice as to form and sufficiency of surety prior to its acceptance
by the City. The premiums on such bonds shall be paid by the City.
If any provision of this Charter is held invalid,
the other provisions of the Charter shall not be affected thereby.
If the application of the Charter or any of its provisions to any
person or circumstance is held invalid, the application of the Charter
and its provisions to other persons or circumstances shall not be
affected thereby.
