[HISTORY: Adopted by the City Council of the City of Biddeford 1-4-2024 by 2023.161. Amendments noted where applicable.]
GENERAL REFERENCES
City Council — See Charter, Art. III.
City Council — See Ch.
2, Art.
II.
a.
The Mayor shall take the chair at the hour appointed for the
meeting, or as soon thereafter as is convenient, call the members
to order, and after the appearance of a quorum, cause the minutes
of the preceding meeting to be read. In the absence of the Mayor,
the President of the City Council shall be the presiding officer,
but in case of the absence of both the Mayor and the President at
such time, the Clerk of the Council shall preside until a President
Pro Tempore for said meeting is chosen.
b.
The Mayor shall receive and submit to vote all motions and propositions
regularly moved, shall put the question, and shall declare all votes;
but if any Councilor doubts the vote, all those voting in the affirmative,
when called upon by the Mayor, shall raise their hand until they are
counted, and also those in the negative, in like manner, to make the
vote certain.
c.
The Mayor shall restrain the members when engaged in debate,
within the rules of order, and shall enforce, on all occasions, the
observance of order and decorum among the members.
d.
The Mayor shall decide all questions of order subject to an
appeal to the Council by motion properly seconded.
e.
The Mayor may speak to points of order in preference to the
members.
f.
When the Mayor desires to express his opinions on any subject,
the Mayor shall yield the chair to the President of the Council, if
present, or any other member.
g.
The Mayor shall appoint all standing and special committees
of the City Council and the Chairs thereof, except the Chair of the
Finance Committee, which shall be chaired by the Council President,
and all such mayoral appointments shall receive confirmation by the
City Council.
h.
Upon the Chair's inability to maintain order and in the event
that either a Councilor or a member(s) of the public fail to comply
with any of the rules or other rules as adopted by the Council regarding
decorum and order, the Chair shall immediately recess the Council.
If upon resumption of the meeting order and decorum are unable to
be maintained, the Chair shall call for the immediate adjournment
of the meeting and conduct no further business.
i.
The Mayor shall call regular meetings of the City Council to
order at 6:00 p.m. on the first and third Tuesdays of each month,
and regular meetings shall adjourn by 9:00 p.m. unless a majority
of the Councilors agree to extend the meeting. All regular and special
meetings of the Council, including but not limited to Council workshops
and public hearings, will be held in the Council chambers, unless
a majority of the Councilors agree to a different location.
j.
When, as required by law, the City Council must act as municipal
officers, they shall do so during a Council meeting. At each regular
Council meeting there shall be two periods of the "public addressing
the Council" for a total of up to 30 minutes, when the residents of
Biddeford shall be afforded an opportunity to address the City Council
on any item of City business which is not before the Council as an
order of the day on the Council agenda, over which the Council has
direct control, not to exceed three minutes per speaker during the
first such period and five minutes per speaker during the second period.
The first such period shall take place near the beginning of the meeting
for up to 15 minutes, and the second period towards the end of such
meeting for 15 minutes plus any unused portion of time from the beginning
of the same meeting. The same person may not speak more than once
in any evening without the majority vote of the Council.
a.
At all meetings of the City Council, each member shall occupy
the seat assigned to him or her by the Mayor at the first meeting
of said Council.
b.
Unless excused, every member shall take notice of the day and
hour to which the Council stands adjourned and shall give his or her
punctual attendance accordingly; and shall attend all special meetings
properly called.
c.
Every member, when about to speak, shall raise his or her hand
and upon recognition by the presiding officer shall respectfully address
the presiding officer, confine himself or herself to the question
under debate, and avoid personalities. No member will be allowed to
speak while out of his or her place. Debate must be confined to the
merits of the pending question. Members must maintain a courteous
tone, especially in reference to any divergence of opinion and shall
avoid injecting any personal note into the debate. Members must never
attack or make any allusion to the motives of members.
d.
Members speaking shall not be interrupted by another, but by
call to order; if any member in speaking or otherwise shall transgress
the rules of the Council, the presiding officer shall, or any member
may, call him or her to order; in which case the member so called
to order shall immediately stop speaking unless permitted to explain;
and the Council if appealed to, shall decide whether the member is
in fact transgressing the rules or otherwise out of order, but without
debate. If the decision is in favor of the member so called to order,
that member shall be at liberty to proceed; if otherwise, he shall
not speak again on the pending item without approval of the Council.
e.
Each member has the right to speak twice on the same motion
on the same meeting, but cannot make a second speech on the same question
as long as any member who has not spoken on that question desires
the floor. No motion to move the question shall take place until each
member has had an opportunity to speak once. A member who has spoken
twice on a motion on the same meeting has exhausted his or her right
to debate that motion for that meeting unless he or she obtains approval
of the Council to speak on the same motion again. However, questions
generated by discussing Council business or motions may be asked without
limit.
f.
Every member who shall be present when a question is put shall
give his or her vote, unless the Council shall excuse that member.
g.
No member shall be permitted to vote on any question in the
City Council, nor in committee, whose private right, distinct from
public interest, is immediately involved.
h.
When any member shall be guilty of a breach of any of the rules
and orders of the Council and the Council has determined that member
has so transgressed, that member shall not be allowed to vote or speak,
unless by way of explanation for the same, until that member has recognized
his or her transgression before the presiding officer and the Council
and immediately ceases the breach. Any member who continues to breach
any rule or order of the Council after the Council has determined
said breach shall be subject to censorship by vote of the Council,
and shall not be recognized in any further action.
j.
No member shall be permitted to vote on any question in the
City Council, nor in committee, when that member is a member of any
organization or entity which has an interest separate and distinct
from the public interest and in opposition to the interest of the
inhabitants of the City of Biddeford. In any circumstance when a member
refuses to abstain from participating in any vote, when that member
has a private right or a right separate and distinct from the public
interest, the Council shall decide the qualification of that member
to participate on that issue.
k.
The members of the Council shall refrain from interference with
the daily administration of City business.
l.
No member shall begin to discuss a matter when no motion is
pending, unless the Chair authorizes a particular subject to be discussed
while no motion is pending.
m.
Any member may place an item(s) on a City Council agenda with
the concurrence of at least one other member, with said item(s) being
submitted in writing to the City Clerk. The submitted item(s) shall
be placed on a City Council agenda within 30 days. The final agenda
will be reviewed and approved by the Mayor and Council President.
n.
The agenda for regular meetings of the City Council shall be
prepared and available in the City Clerk's office to members by 4:00
p.m. on the Wednesday preceding the meeting. The City Clerk shall
provide for delivery of any agendas after noon on the Friday preceding
the meeting.
o.
Each member, when sending an email correspondence from the City
email system, shall include the following disclaimer:
NOTICE: Under Maine's Freedom of Access (Right to Know) Law,
documents, including emails, in the possession of public officials
about City business are classified as public records. This means if
anyone asks to see them, we are required to provide them. There are
very few exceptions. We welcome citizens' comments and want to hear
from our constituents, but please keep in mind that what you write
in an email is not private and could show up in the media.
p.
Members are not permitted to use any mobile device for making
phone calls, text messaging, emailing or other outside communication
while meetings are in progress, unless for emergency purposes.
a.
In all votes, when the City Council expresses anything by way
of command, the form of expression shall be "Ordered" and when it
expresses opinions, principles, facts or propositions, the form shall
be "Resolved."
b.
All memorials and other papers addressed to the Council shall
be presented by the presiding officer, who shall explain the subject
thereof, and they shall be taken up in the order in which they were
presented, unless the Council shall otherwise direct.
c.
After a motion is stated or read by the presiding officer, it
shall be deemed to be in possession of the Council, and shall be disposed
of by vote of the Council unless the mover, with consent of the party
seconding, withdraws it before a decision or amendment.
d.
Every motion shall be reduced to writing if the presiding officer
shall so direct or any member request it.
e.
All questions shall be propounded in the order in which they
are moved, unless the subsequent motion be previous in its nature,
except that in naming sums and fixing times, the largest sum and the
longest time shall be first put.
f.
When a question is under debate no motion shall be received
but:
First
|
To adjourn
|
Second
|
To lay on the table
|
Third
|
For the previous question
|
Fourth
|
To commit
|
Fifth
|
To postpone to a day or event certain
|
Sixth
|
To amend
|
Seventh
|
To postpone indefinitely
|
Which several motions shall have precedence in the order in
which they are arranged.
|
g.
No motion to postpone or commit shall be allowed twice on the
same day in the same stage of the ordinance or proposition.
h.
A motion to previous question shall only take effect when approved
by a majority of the Council; and until it is decided, shall preclude
all amendments and further debate of the main question.
i.
A motion for reconsideration of a vote shall be open to debate,
and only by a member voting with the majority; and only one motion
for the reconsideration of any vote shall be permitted.
j.
No motion or proposition on a subject different from that under
discussion shall be admitted under color of an amendment.
k.
The divisions of a question may be called for when the sense
will admit it.
l.
All orders, resolves and reports may be committed or recommitted
at the pleasure of the Council.
m.
When the reading of a paper is called for which has been before
read to the Council, and the same is objected to by any member, the
question of reading shall be determined by a vote of the Council.
n.
When two or more members happen to request to be recognized
at the same time, the presiding officer shall name the member who
is to speak first.
o.
The yes and no votes shall be taken on any question, upon the
request of any member present.
p.
Any public comment on any Council order, resolve or ordinance,
when allowed by state law or the Council shall not exceed three minutes
per individual speaker. Such persons shall be permitted to speak only
once on an item and shall confine their remarks to the merits of the
order, resolve, amendment or ordinance before the Council.
q.
Procedure for addressing the Council on agenda items or during
the municipal officers meeting:
(1)
No public comment shall be permitted on the following agenda
items: personnel matters, informational reports or communications
from boards and commissions, staff or other organizations or entities;
appointments and administrative action implementing prior action to
the Council where that prior action had permitted public comment.
(2)
On items other than those set forth in Subsection 8(1) above,
public comment shall be permitted prior to final Council action. Except
as specifically decided by the Council, such public comment shall
occur at the advertised public hearing and/or at the first and second
reading of such item if such item requires two readings. The public
also may address the Council on proposed amendments at either the
first or second reading.
(3)
Persons wishing to address the Council on an item which appears
on the agenda, and upon which public comment is permitted under Subsections
8(1) and (2) above, shall wait until the presiding officer announces
the consideration of such item, at which time they may address the
Council on that particular item. Any presentation on an issue or introductory
information regarding the issue shall be presented prior to the public
requesting or receiving an opportunity to address the Council. Once
the Council has begun its deliberations on an item, no person shall
be permitted to address the Council on such item. This subsection
does not pertain to City staff or members of the public who may be
called upon by the Chair or a member to give clarification on an issue
under consideration by the Council.
(4)
Any person wishing to address the Council shall signify such
desire by raising his or her hand and, when recognized by the presiding
officer, such person shall thereupon request permission to address
the Council, shall sign in giving his or her name and physical address
and designating the subject matter to the Chair. A dialogue between
the person addressing the Council and the Mayor or the Councilors
shall be allowed at the sole discretion of the Chair.
(5)
Persons present at Council meetings or at a municipal officers
meeting shall not interrupt, nor applaud or otherwise express approval
or disapproval of any statements made or actions taken at such meeting.
(6)
The presiding officer may limit or cut off any commentary that
he or she determines is not germane or that is discourteous, slanderous,
abusive, or not in accord with good order and decorum. This will be
prompted by a call to order by any member when appropriate.
(7)
No public comment shall be allowed on matters related to ongoing
or threatened litigation involving the City, its elected officials
and/or employees. A person who shall continue to violate these rules,
after warning by the presiding officer, shall be ejected. The Council
may, at its discretion, suspend or prohibit a person from addressing
the Council or the municipal officers.
[Amended 3-19-2024 by Ord. No. 2024.31]
a.
All orders and resolutions imposing a penalty or authorizing
the appropriation of money shall have more than one reading before
they shall be finally passed by the Council.
b.
No ordinance, order or resolution imposing a penalty or authorizing the appropriation of money shall have more than one reading on the same day, except as allowed under Article III, Section
8, of the Charter of the City of Biddeford.
c.
Every new ordinance or amendment to an ordinance shall be read and voted on two separate days in accordance with Article III, Section
8, of the Charter of the City of Biddeford. Article III, Section
8, shall govern the passage of ordinances.
a.
The following shall be the standing committees of the City Council:
Personnel; Capital Projects/Operations; Policy; Finance; and Downtown
Committee.
c.
The Capital Projects/Operations and Policy Committees shall
consist of a Chairperson who shall be a City Councilor; two additional
Council members; and two citizens. The two citizen members shall be
appointed by the Mayor and confirmed by the Council.
d.
The Personnel Committee shall consist of a Chairperson who shall
be a City Councilor and three additional Council members. There shall
be no citizen members on the Personnel Committee.
e.
The Downtown Committee shall consist of the Mayor, four Council
members, and a member of the Downtown Development Commission. The
Downtown Development Commission member shall serve as a nonvoting
member except in the absence of a full-time voting member. A Chairperson
shall be selected from the voting members.
g.
The Council committees are subagents of the full Council which
is the sole governing body of the City of Biddeford. The committees
are delegated various functions by the full Council and are to provide
recommendations upon which the full Council will act except where
otherwise specified. The committees will examine the appropriate subject
matter before them, collect the facts pertaining thereto and make
a report, which will recommend what action, if any, should be taken
by the full Council. Additionally, each committee may take whatever
action is specifically authorized by the Charter, ordinance, or state
law. The City Council shall receive regular reports of the various
Council committees' activities. Such reports shall be scheduled at
such times and at such meetings as may be determined by the Mayor
and the Council President.
h.
In general, the committees shall have the following subject
matter before them:
(1)
Finance Committee. The duties of the Finance Committee are set
forth in the City Charter.
(2)
Personnel Committee. The Personnel Committee will investigate
matters pertaining to employment matters with the City of Biddeford.
It shall review the salaries of department heads and the City Manager.
In the event of a termination hearing, for cause, it shall serve as
a fair hearing authority before whom an impartial hearing shall take
place involving the subject municipal employee.
(3)
Capital Projects and Operations Committee. The Capital Projects
and Operations Committee shall establish a five-year plan for implementation
of major capital improvements in the City. It shall review matters
involving the Public Works Director, Public Works Department and public
property issues. This committee shall review the City's claims issues,
insurance issues, making appropriate recommendations to the full Council
when necessary.
(4)
Policy Committee. The Policy Committee shall be responsible for establishing and recommending ordinance language, Code revisions (except for changes delegated to the Parking Authority under Section
42-8), and City policy to the full Council. The Policy Committee shall coordinate with the City Planner and the Code Enforcement Officer regarding the amendment, establishment and/or update of the City's land use ordinances.
(5)
Downtown Committee. The Downtown Committee shall be responsible for reviewing matters affecting the City of Biddeford's downtown, including, but not limited to, downtown improvement initiatives, collaborating with external agencies and businesses on downtown improvement projects, and all minor garage design feature decisions, and is delegated as the Parking Authority with powers limited to those defined in Section
42-8.
i.
Each committee meeting is a public proceeding as defined in
1 M.R.S.A. § 402(2). Each committee may hold executive sessions
pursuant to the conditions and limitations expressed in 1 M.R.S.A.
§ 405. Should a committee vote, in public, to proceed into
executive session, only those members of the committee shall be present
in the executive session.
a.
The rules or orders of the Council shall be observed in all
cases unless suspended by a vote of the members present, for specific
purposes.
b.
No rules or orders of the Council shall be repealed or amended
unless the majority of the members of the Council concur therein.
c.
The above rules and orders are hereby adopted and all rules
and orders inconsistent with the above are hereby repealed.