All the powers granted to the City by this Charter and by the
laws of this State, except as otherwise provided by this Charter,
are vested in the City Council, which shall exercise its power in
the manner hereinafter provided. The members of the City Council shall
be the municipal officers of the City of Belfast for all purposes
required by statute or ordinance.
The Council shall be composed of the Mayor and five other members.
The members other than the Mayor shall be elected one from each ward
by and from the qualified voters of the City of Belfast. Terms shall
be staggered. The Mayor shall be ex officio president of the Council.
The members of the Council shall hold office for a term of two years,
and until their successors are elected and qualified. A City Councilor
must be a resident of the ward from which that Councilor is elected
and remain a resident of that ward during that Councilor's term
of office. The Mayor and City Councilors shall receive compensation,
to include expenses during their term of office. The provisions for
such compensation for these municipal officials shall be provided
by order or resolve.
This section provides for a mechanism to coordinate the two-year
staggered terms with the new November election requirement.
a.
All current terms shall be extended to the next Monday after the
election in November.
b.
The Ward 5 councilor shall be elected to a one-year term from November
2003 to November 2004.
c.
Councilors from Wards 1, 2, and 5 shall then run for a two-year term
from November 2004 to November 2006.
d.
The Mayor shall be elected to a two-year term from November 2003
to November 2005.
e.
The Ward 3 councilor and Ward 4 councilor shall be elected to a one-year
term from November 2002 to November 2003.
f.
Ward 3 and Ward 4 councilors shall then run for a two-year term from
November 2003 to November 2005.
In the case of the death, resignation or removal from office
of any member of the Council, more than six months prior to the next
regular City or State election, the vacancy shall be filled by a special
City election which shall be held within 90 days of the date the vacancy
occurs in the manner provided for the nomination and election of Councilors,
the warrants for which shall be issued by the Mayor.
Any member of the Council shall forfeit the office if the member:
a.
Lacks at any time during the term of office any qualifications for
the office prescribed by this Charter or by law.
b.
Violates any express prohibitions of this Charter.
c.
Sustains final conviction of a felony while in office.
d.
Fails to attend 3 consecutive regular meetings of the City Council
without being excused by the Council.
Recall of an elected City Councilor shall be conducted in accordance
with the Belfast City Charter.
Except where specifically authorized by law, no City Councilor
shall hold any other City office or City employment.
The Council shall meet at the usual place for holding meetings,
at 10:00 a.m. on the first Monday following the regular City election,
at which time the Mayor-elect and the Councilors-elect shall be sworn
to the faithful discharge of their duties by a notary public, dedimus
justice, or by the City Clerk. The Council shall meet at such time
and place as may be prescribed by ordinance or resolution, except
that it shall meet regularly each month.
Special and emergency meetings may be called by the Mayor, or
by a majority of the members of the Council. A minimum of six hours
shall be allowed for the notification of a special meeting. An emergency
meeting may be called immediately by the Mayor, or by a majority of
the members of the Council as a situation arises wherein the health,
safety and welfare of the citizens are in immediate danger. Notice
of such meetings shall be served in person, or left at the usual dwelling
place of each member of the Council and the City Manager. The period
of such notice shall be prescribed by ordinance or resolve.
A majority of the members of the Council, other than the Mayor,
shall constitute a quorum for the transaction of business but a smaller
number may adjourn from time to time or compel attendance of absent
members. At no time shall a majority of less than three councilors,
excluding the Mayor's tie vote privilege, take binding legal
action.
a.
Records and judge of qualifications. The Council shall keep a record
of its proceedings, which record shall be public, and shall be the
judge of the qualification and election of its own members. The Council
may determine its own rules of procedure and punish members for misconduct.
b.
Public meetings. The meetings of the Council shall be open to the
public, except executive sessions.
c.
Council action by ordinance, order, motion or resolve. The Council
shall act only by ordinance, order, motion or resolve; and all ordinances,
orders, motions and resolves, except resolves making appropriations,
shall be confined to one subject which shall be clearly expressed
in the title. The appropriation resolve shall be confined to the subject
of appropriations.
d.
Passage of ordinances and appropriation resolves. No ordinance and
no appropriation resolves shall be passed until it has been read on
two separate days, except when the requirement of a reading on two
separate days has been waived by a unanimous vote of the voting members
of the Council.
e.
Vote on ordinances. The yeas and nays shall be taken upon the passage
of all ordinances and entered on the record of the proceedings of
the Council by the Clerk. Every ordinance shall require on final passage
the affirmative vote of a majority of the voting members of the Council.
f.
Publication and effective date of ordinances. Every ordinance shall
be published in full within 10 days after its final passage by posting
a certified copy thereof at the City Hall in the place where State
Warrants are posted, and shall thereafter be in full force and effect.
The period of time for posting certified copies of ordinances shall
be at least seven days and not to exceed 14 days from the first day
that the ordinance is posted as set forth above.
g.
[Request for yeas and nays.] The yeas and nays shall be taken on
the passage of any order, ordinance, motions, or resolve when called
for by any member of the Council.
The City Council shall be responsible for the periodic review
and establishment of ward boundaries by ordinance to assure equitable
representation, subject to the requirements of Title 30-A M.R.S.A.
§ 2503. The City Council will cause ward boundaries to be
examined for population balance not later than 18 months after the
official publication of the latest decennial census as required by
United States Code, Title 13, Section 141, Paragraph (c). If a municipal
councilor is elected from a ward wherein the boundaries are subsequently
changed to insure population balance and that councilor is moved into
another ward, that councilor may complete the term of office to which
elected. To be reelected that councilor must run in the newly designated
ward.
a.
Neither the City Council, nor any of its members, shall in any manner
dictate the appointment or removal of any administrative officers
or employees whom the manager or any of the manager's subordinates
are empowered to appoint except for the purpose of inquiries and investigations.
b.
The Council, however, may express its views and fully discuss with
the City Manager anything pertaining to the appointment and removal
of such officers and employees.
c.
Neither the Council nor any of its members thereof shall give orders
to any subordinates of the City Manager, either publicly or privately.
