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.
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.
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.
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.