A.
The Town Council, hereinafter called the "Council,"
shall be and constitute the municipal officers of the town and shall
be composed of seven (7) members, each of whom shall be elected by
the registered voters of the entire town.
B.
Each member of the Council shall be elected for a
term of three (3) years and until his/her successor is elected and
qualified.
C.
At-large representatives. Three (3) members shall
be considered "at-large" who shall be residents of any section of
the town.
D.
Area representatives. At least one (1) member of the
Council shall be a resident of and act in the interests and welfare
of each of the following areas of the town:
(1)
Area One. Area One shall consist of the area bounded
on the east by the Town of Gorham; on the south by the towns of Buxton
and Hollis; on the west by the Town of Limington; and on the north
by a line along the center of Route 25 from the Limington-Standish
line to the Kiwanis Beach road, thence along the center of the Kiwanis
Beach road to Watchic Pond, thence in a straight line across Watchic
Pond to Page Brook inlet, thence along Page Brook, across Route 113,
to Middle Road, thence along the center of Middle Road to Oak Hill
Road, thence along the center of Oak Hill Road to Boundary Road, thence
along the center of Boundary Road to Route 114, thence along the center
of Route 114 to Harmon's Hill Road, thence along the center of Harmon's
Hill Road to Moody Road, thence along the center of Moody Road, across
Route 35, and along the center of Shaw Mills Road to the Gorham-Standish
line.
(2)
Area Two. Area Two shall consist of the area bounded
on the northwest by the Town of Baldwin; on the west by the Town of
Limington; on the east and southeast by a line running along the center
of Route 25 from the Limington-Standish line to Kiwanis Beach road;
thence along the center of the Kiwanis Beach road to Watchic Pond,
thence across Watchic Pond in a straight line to Page Brook inlet,
thence along Page Brook, across Route 113 to Middle Road, thence along
the center of Middle Road to Oak Hill Road, thence along the center
of Oak Hill Road to the intersection of Oak Hill Road and Boundary
Road; and on the northeast by a straight line from the intersection
of Oak Hill Road and Boundary Road, through Duck Pond, to the Baldwin-Standish
line in the center of Duck Pond.
(3)
Area Three. Area Three shall consist of the area bounded
on the south by a line running from the intersection of Oak Hill Road
and Boundary Road along the center of Boundary Road to Route 114,
thence along the center of Route 114 to Harmon's Hill Road, thence
along the center of Harmon's Hill Road to Moody Road, thence along
the center of Moody Road, across Route 35, to Shaw Mills Road, thence
along the center of Shaw Mills Road to the Gorham-Standish line; on
the southeast by the Town of Gorham; on the east by a line along the
center of White Rock Road (Route 237), across Route 35, to the shoreline
of Sebago Lake, thence along the shoreline of Sebago Lake to the Sebago-Standish
line; on the northwest by the towns of Sebago and Baldwin; and on
the west by a straight line running from the intersection of Oak Hill
Road and Boundary Road through Duck Pond to the Baldwin-Standish line
in the center of Adams Pond.
(4)
Area Four. Area Four shall consist of the area bounded
on the north by the towns of Sebago and Raymond; on the east by the
Town of Windham; on the southeast by the Town of Gorham to the center
of White Rock Road (Route 237), thence along the center of White Rock
Road, across Route 35, to the shore of Sebago lake; and on the west
by the shoreline of Sebago Lake to the Sebago-Standish line.
A.
Only qualified voters of the town shall be eligible
to hold the office of Councilor. Councilors shall reside in the town
during their terms of office.
B.
No Councilor shall hold other town office or employment
during the term for which he/she was elected to the Council, and no
former Councilor shall hold any compensated appointive town office
or employment until one (1) year after the expiration of the term
for which he/she was elected to the Council. Nothing herein, however,
shall bar any officer of the town at the enactment of this Charter
from continuing in said office or seeking the same or similar office
under this Charter.
C.
Forfeiture and disqualification.
(1)
A Councilor shall forfeit his/her office if he/she:
(a)
Lacks at any time during his/her term of office
any qualifications for the office prescribed by this Charter or by
law;
(b)
Violates any express prohibition of this Charter;
(c)
Is convicted of a felony or other crime or offense
involving moral turpitude; or
(d)
Fails to attend three (3) consecutive regular
meetings of the Council without being excused for due cause by the
Council. A change of residence from one area of the town to a different
area of the town shall not be grounds for disqualification of office
by an area representative during his/her term. He/she may continue
to serve the term for which he/she was elected but shall not be eligible
to seek reelection as a representative to an area in which he/she
no longer resides.
D.
In case of a vacancy caused by death, resignation
or other cause, the vacancy shall be filled by appointment of the
Council until the next regularly held election to fill the unexpired
term; however, a vacant area seat on the Planning Board may be filled
by an at-large individual until the next regularly scheduled election
in the event no qualified area candidate can be found within thirty
(30) days of the call for applicants.
[Amended 11-6-2007]
E.
No Council
member shall seek reelection to the Town Council for more than one
additional consecutive term. No person who has served either four
or more successive years, or has been elected to two successive terms
on the Council, shall be eligible for either appointment or election
to the Council within 36 months of his/her last serving as a member.
The provisions of this amendment shall apply to current as well as
future Council members, and shall apply to all appointments or elections,
whether for district or at-large seats.
[Added 11-4-2014]
Without limitation of the foregoing, the Council
shall have power to:
A.
Manager.
(1)
Appoint the Manager, on the affirmative vote of five
(5) members, for a period not to exceed three (3) years. Council may
also remove the Manager for cause, on the affirmative vote of five
(5) members, in accordance with the following procedure:
(a)
The Council shall adopt by affirmative vote
of five (5) of its members a preliminary resolution which must state
the reason for removal and may suspend the Manager from duty for a
period not to exceed forty-five (45) days. A copy of the resolution
shall be delivered promptly to the Manager.
(b)
Within ten (10) days after receiving a copy
of the resolution, the Manager may file with the Council a written
request for a public hearing. This hearing shall be held at a Council
meeting not earlier than fifteen (15) nor later than thirty (30) days
after the request is filed. The Manager may file with the Council
a written reply not later than five (5) days before the hearing.
(c)
The Council may adopt a final resolution of
removal, which may be made effective immediately, by affirmative vote
of five (5) of its members, at any time after ten (10) days from the
date when a copy of the preliminary resolution was received by the
Manager, if he/she has not requested a public hearing, or at any time
after the public hearing if he/she has requested one.
(d)
The Manager shall continue to receive his/her
salary until the effective date of final resolution of removal.
(e)
Failure by the Council to fix a rate of compensation
agreeable to the Manager shall not be deemed per se to be an act of
removal.
(2)
The Council shall annually review with the Manager
his/her performance as such, and said review shall be conducted so
as to remove, alleviate or prevent problems in the relationship of
the Manager to the Council in the exercise of their respective powers
and duties. The Manager shall be given sixty (60) days' notice that
his/her appointment may not be renewed.
B.
Appoint and remove, on the affirmative vote of five
(5) members, the Assessor, the Finance Director and the Welfare Director,
each of whom may be appointed for one (1) year and be removed for
cause after notice and hearing.
C.
Appoint and remove, on the affirmative vote of five
(5) members, the Town Attorney, who shall serve at the will of the
Council.
D.
Appoint and remove the members of the Board of Assessment
Review, the Board of Zoning Appeals, Saco River Corridor Commission
and the membership of such advisory committees as the Council shall
create, except that by ordinance the Council may make membership of
any advisory committee elected. All such appointed personnel may be
removed for cause after notice and hearing.
E.
Create by ordinance, change and abolish offices, departments
and agencies other than the offices, departments and agencies established
by this Charter. The Council by ordinance may assign additional functions
or duties to offices, departments or agencies established by this
Charter but may not discontinue or assign to any other office, department
or agency any function or duty assigned by this Charter to a particular
office, department or agency.
F.
Make, alter and repeal ordinances.
G.
Make investigations into the affairs of the town and
the conduct of any town department, office or agency. For this purpose,
the Council may enact an ordinance providing for the compulsory attendance
of witnesses, the administering of oaths, the taking of testimony
and the compulsory production of evidence.
H.
Submit an annual budget to an elected Budget Committee
for approval before submission to a Town Meeting for adoption.
I.
Provide for an annual audit prior to the end of each
fiscal year. The Council shall designate the State Department of Audit
or private certified public accountants who, as of the end of each
fiscal year, shall make an independent audit of accounts and other
evidences of financial transactions of the town government and shall
submit their report to the Council, the Town Manager and the Budget
Committee. Such accountants shall not maintain any accounts or records
of the town business but shall postaudit the books and documents kept
by any office, officer, department or agency of the town government.
J.
Exercise all the legislative, financial, borrowing
and other powers now or hereafter given by law to inhabitants of towns
acting in Town Meeting, except as otherwise provided herein, and also
exercise all the powers now or hereafter given by law to municipal
officers of towns.
K.
Adopt a personnel policy to be reviewed annually.
L.
Securities and lease/purchase agreements.
(1)
Authorize and issue general obligation securities and enter into lease and lease/purchase agreements, provided that no such securities or agreements shall be issued or entered into to finance a proposed capital expenditure with a total cost of over seventy-five thousand dollars ($75,000.) unless such proposed expenditure shall first have been approved by referendum vote pursuant to Article VIII of this Charter. "Capital expenditure," for the purpose of this Charter, shall mean as follows:
(a)
Tools, equipment, land and buildings, whether
purchased or leased.
(b)
The building of new roadbeds, walkways, parking
lots or any other additions to the land; extensions of utilities,
data handling and communication systems.
(c)
Contractual services and surveys, excepting
insurance coverage, services under contract prior to charter adoption
and those services required by state or federal law.
(d)
Renovations to capital assets which do not provide
vital services.
(2)
For this purpose, "capital expenditure" is not to
be construed to include maintenance, operational needs or services,
although capital in nature, that maintain the integrity of capital
assets. To apply the dollar limitation to capital expenditures, the
total cost shall be considered regardless of the payment period.
M.
Dispose of real property acquired through nonpayment
of taxes, when deemed in the best interest of the town, by a sealed
bid process, except that the Council, at its discretion, may sell
the property to the former owner for a sum not less than all back
taxes, interest and costs.
N.
Dispose of real property acquired in any manner other
than through nonpayment of taxes by means of a sealed bid process,
after a public hearing.
O.
Dispose of personal property, the fair market value
of which exceeds five hundred dollars ($500.), acquired in any manner
other than through nonpayment of taxes by a sealed bid process or
by public auction; a public hearing shall not be required.
A.
Councilors shall receive ten dollars ($10.) for each
Council meeting or workshop attended at which a quorum is present.
Such compensation may be changed by ordinance, but no such ordinance
increasing the salary of members of the Council shall take effect
during the then current fiscal year.
B.
The Council by order shall fix the salaries of officials
appointed by the Council, including the salary of the Town Manager
for his/her services as such and for all other services rendered by
him/her.
C.
Salaries of the appointees of the Town Manager shall
be fixed by the Town Manager, subject to the approval of the Council.
D.
The Council may provide by order for the reimbursement
of necessary and actual expenses of the town officers and officials
in the exercise of their official duties.
The Town Council shall meet at the usual place
for holding meetings within seven (7) days following the regular town
election, and at said meeting Councilors-elect shall be sworn to the
faithful discharge of their duties by the Town Clerk or other person
qualified to administer oaths.
The Council shall be the judge of the election
and qualifications of its members and all other elected officials
and for such purpose shall have power to subpoena witnesses and require
production of records, but the decision of the Council in any such
case shall be subject to review by the courts.
The Town Council shall, at its first meeting
or as soon thereafter as possible, establish by ordinance or resolution
a regular place and time for holding its meetings and shall meet at
least once per month. It shall also provide a method for calling special
meetings. Every meeting shall have a published agenda. During each
meeting there shall be opportunity for public discussion upon each
item on the agenda of a regular or special meeting. Final action on
any matter may be taken at any duly called meeting. In cases requiring
confidentiality as provided by law, the Council shall meet in executive
session. All votes shall be taken in public session.
The Council shall determine its own rules and
order of business. It shall keep a record of its proceedings and the
record shall be open to public inspection, except as otherwise provided
by law, during regular business hours of the Town Clerk. Voting, except
on procedural motions, shall be by roll call and the "ayes," "nays"
and abstentions shall be recorded in the journal by name.
At the first meeting after the regular municipal
election, the Council shall elect from among its members officers
of the town who shall have the titles of Chairman and Vice Chairman.
A person may serve as Chair for no more than one (1) year during any
elected term of office. The Vice Chairman shall serve at the pleasure
of the Council. The Chairman shall preside at meetings of the Council
and shall be recognized as head of the town government for all ceremonial
purposes, and by the Governor for purposes of military law, but shall
have no administrative duties. The Vice Chairman shall act as Chairman
during the absence or disability of the Chairman. Both the Chairman
and the Vice Chairman shall be entitled to vote on all questions.
A majority of the Council shall constitute a
quorum for the transaction of business. At least four (4) votes shall
be registered in favor of passage of any ordinance, order or resolution.
A majority of those present may adjourn the meeting. At least twenty-four
(24) hours' notice of the time and place of holding such adjourned
meeting shall be given to all members who were not present at the
meeting from which adjournment was taken.
A.
Form. Every proposed ordinance shall be introduced
in writing and in the form required for final adoption. No ordinance
shall contain more than one (1) subject which shall be clearly expressed
in its title. The enacting clause shall be "The Town of Standish hereby
ordains...." Any ordinance which repeals or amends an existing ordinance
or part of the Town Code shall set out in full the ordinance sections
or subsections to be repealed or amended and shall indicate matter
to be omitted by enclosing it in brackets or by strikeout type and
shall indicate new matter by underscoring or by italics.
B.
Procedure.
(1)
An ordinance may be introduced by any member of the
Council at any regular or special meeting of the Council. Upon introduction
of any ordinance, the Secretary to the Council shall distribute a
copy to each Council member and to the Town Manager and shall file
a reasonable number of copies in the office of the Town Clerk and
other such public places as the Council may designate. The proposed
ordinance shall be publicly read at the next regular meeting of the
Council after its presentation; this requirement may be waived by
the affirmative vote of five (5) members of the Council.
(2)
The proposed ordinance shall be published within two
(2) weeks after the reading of the ordinance at the Council meeting,
together with a notice of public hearing at a regular Council meeting
to be held within three (3) weeks of the date of publication. All
interested persons shall have a reasonable opportunity to be heard.
After the hearing, the Council may adopt the ordinance with or without
amendment or reject it. If it is amended as to a matter of substance,
the Council may not adopt it until the ordinance or its amended sections
have been subjected to all the procedures hereinbefore required in
the case of a newly introduced ordinance. As soon as practicable after
adoption of any ordinance, the Secretary to the Council shall have
it published again, together with a notice of its adoption. The ordinance
shall also be posted at the municipal building for seven (7) days
and copies shall be made available in the town office.
C.
Effective date. Except as otherwise provided in this
Charter, every adopted ordinance shall become effective thirty (30)
days after publication of the ordinance or at any date specified therein.
D.
"Published" defined. As used in this section, the
term "published" means to print in one (1) or more newspapers of general
circulation in the town the ordinance or a brief summary thereof and
the place where copies of it have been filed along with the times
when they are available for public inspection.
E.
The Council may, at its discretion, submit a proposed
ordinance or the repeal of an ordinance to referendum vote.
To meet a public emergency, the Council may
adopt one (1) or more emergency ordinances. An emergency ordinance
shall be introduced in the form and manner prescribed for ordinances
generally, except that it shall be plainly designated an emergency
ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific
terms. An emergency ordinance may be adopted with or without amendment
or rejection at the meeting at which it is introduced. After its adoption,
the ordinance shall be published and printed as prescribed for other
adopted ordinances. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance except
one authorizing the issuance of emergency notes shall automatically
stand repealed as of the 91st day following the date on which it was
adopted, but this shall not prevent reenactment 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. All ordinances and resolutions
adopted by the Council shall be authenticated by the signature of
the Chairman of the Council and recorded in full by the Clerk in a
properly indexed book kept for that purpose.
B.
Codification. Within three (3) years after adoption
of this Charter and at least every five (5) years thereafter, the
Council shall provide for the preparation of a general codification
of all ordinances and resolutions having the force and effect of law.
The general codification shall be adopted by the Council by ordinance
and shall be printed promptly in loose-leaf form, together with this
Charter and any amendments thereto. Any codification ordinance may
be published by title. This compilation shall be known as the "Standish
Town Code." Copies of the Code shall be furnished to officials, placed
in libraries and public offices for free public reference and made
available for purchase by the public at a reasonable price fixed by
the Council.
C.
Printing. The Council shall cause each ordinance and
resolution having the force and effect of law and each amendment to
this Charter to be printed promptly following its adoption, and the
printed ordinances, resolutions and Charter amendments shall be distributed
or sold to the public at reasonable prices to be fixed by the Council.
The ordinances, resolutions and Charter amendments shall be printed
in substantially the same style as the Code currently in effect and
shall be suitable in form for integration therein.
The Town Clerk shall perform those duties established
by law and shall act as Secretary to the Council and shall keep a
public record of all proceedings of the Council, including all roll
call votes. Statutory fees collected by the Town Clerk shall be turned
over to the town.
Neither the Council nor any of its members shall
direct the appointment to or removal of any person from office by
the Manager or by any of his/her subordinates. Except for the purpose
of inquiry, the Council and its members shall deal with the administrative
service solely through the Manager, and neither the Council nor any
member thereof shall give orders to any subordinates of the Manager,
either publicly or privately.
