There shall be the following administrative officers and boards:
(a)
following offices and boards shall be filled by
ballot by a majority vote of the members of the City Council: City
Manager, City Clerk, City Solicitor, Member of the Board of Assessors,
Trustees of the Water District, Civil Service Commissioners, members
of the Board of Registration, or a Registrar as provided under the
laws of the State of Maine, Trustees of Sophia Kirstein Student Fund
and Trustees of the Hersey Fund.
(b)
The heads of all departments except those positions
enumerated in Sec. 1 (a) above shall be appointed by the City Manager,
subject to confirmation by the City Council. All other employees of
the City shall be appointed by the heads of the applicable departments,
subject to confirmation by the City Manager, and subject further to
any such personnel rules and regulations as may be adopted by the
City Council from time to time.
The council shall have power by ordinance or resolve:
(a)
To create any new appointive officer or department.
(b)
To authorize the appointment of assistants or deputies
in any office.
(c)
To eliminate any office other than those specifically mentioned in subsection (a) of section 1 of this article.
(d)
To combine, divide, assign or reassign the duties
of the various officers and departments.
All appointive officers whose terms of service are specified
herein to be for a fixed term, shall be removable by the City Council
upon written charges, notice and hearing, if upon such hearing they
are adjudged guilty of the charges preferred. All other appointive
officers shall hold office during the pleasure of the appointing power.
The term of office of members of the board of registration of voters
shall be as now provided by law, except as otherwise specifically
provided in this act.
The City Council shall fix by order the salaries of the appointees
of the City Council. Salaries of the appointees of the City Manager
shall be fixed by the City Manager, subject to the approval of the
City Council.
The City Manager shall be chosen by the City Council solely
on the basis of character and executive and administrative qualifications,
and may or may not be a resident of the City of Bangor or of the state
at the time of his appointment. The City Manager shall give bond for
the faithful discharge of his or her duties to the City of Bangor
in such sum as the City Council shall determine and direct, and with
surety or sureties to be approved by the City Council. The premium
on his bond shall be paid by the city.
The City Manager shall be the administrative head of the city
and shall be responsible to the City Council for administration of
all departments. The powers and duties of the City Manager shall be
as follows:
(a)
To see the laws and ordinances are enforced.
(b)
To exercise control over all departments except
the School Department and divisions created herein or that may hereafter
be created.
(c)
To make appointments as provided in this Charter.
(d)
To attend meetings of the City Council, except
when his or her removal is being considered and recommend for adoption
such measures as he or she may deem expedient.
(e)
To keep the City Council fully advised as to the
business and financial condition and future needs of the city and
to furnish the City Council with all available facts, figures and
data connected therewith, when requested.
(f)
To perform such other duties as may be prescribed
by this Charter or required by ordinance of the City Council.
(g)
To prepare and submit to the Council as of the
end of the fiscal year a complete report on the finances and administrative
activities of the city for the preceding year and to cause the report
to be printed for distribution to interested persons.
During any vacancy in the office of City Manager, and during
the absence or disability of the City Manager, the City Council may
designate a properly qualified person to perform the duties of Manager
and fix that person's compensation. While so acting he or she shall
have the same powers and duties as those given to and imposed on the
City Manager. Before beginning work, the acting City Manager shall
give bond to the City of Bangor in a sum and with surety or sureties
to be approved by the City Council. The premium on said bonds is to
be paid by the city.
Duties of administrative officers other than the City Manager
may be prescribed by the City Council. Such duties shall not be inconsistent
with the provisions of this Charter.
There shall be an assessor of taxes appointed by the City Council
for a term not exceeding five years, and until a successor is appointed
and qualified. If for any reason a vacancy shall exist, the vacancy
shall be filled forthwith by the City Council for the unexpired term.
The assessor appointed as above provided shall exercise the same powers
and be subject to the same duties and liabilities that similar officers
of the several towns and cities in the state may exercise, and may
now or hereafter be subject to under the laws of the state.
The Director of Health and Community Services shall exercise
all the powers and perform all the duties conferred or imposed by
law upon overseers of the poor.
The trustees of "Sophia Kirstein Student Loan Fund" shall be
composed of the Superintendent of Schools of Bangor ex-officio and
of four citizens, one or more to be appointed biennially by the City
Council to serve for terms of six years and until their successors
are appointed and qualified. They shall perform the duties of the
trusteeship of said loan fund as is now or may hereafter be provided
by ordinance.
The trustees of the "Hersey Fund" shall be composed of the City
Finance Director, ex-officio, and four citizens, one or more to be
appointed biennially by the City Council to serve for terms of six
years and until their successors are appointed and qualified. They
shall perform the duties of the trusteeship of said loan fund as is
now or may hereafter be provided by ordinance.
The City Council shall abide by any legally negotiated contract,
personnel rules or ordinance for the appointment, promotion, demotion,
layoff, reinstatement, suspension and removal of the members of the
Police Department and of the Fire Department other than the chiefs
of said department. Any chief of the Police Department or chief of
the Fire Department, selected from the ranks of his department, shall
not be held by service as chief to have lost his or her position,
benefits or privileges as a member of the department.
