The administrative officers and boards of the City shall be
appointed in the following manner:
a.
Council appointments. The City Council by motion or resolution adopted
by majority vote of its members shall appoint, the City Manager, City
Clerk, City Attorney, Treasurer, Tax Collector, and Tax Assessor,
and all other boards and officers not otherwise provided for by the
City Charter.
b.
City Manager appointments. The following officers and boards shall
be appointed by the City Manager, subject to confirmation by the City
Council: Director of Public Works, Chief of Police, Chief of the Fire
Department, Health Officer, City (Internal) Auditor, Code Enforcement
Officer, and all other department heads, whose position may be created
by motion, order, ordinance, or resolve of the City Council, and all
other officers and employees.
The City Council shall have the power by ordinance or resolve:
The City Council shall provide, by ordinance, for a system of
administrative personnel rules for handling the personnel matters
of municipal employees which shall be titled "Administrative Personnel
Code of the City of Belfast."
All appointive officers and boards, whose terms are not specified in this Charter, shall hold office for a term of office decided by the appointing power, in the sole discretion of the appointing power. With the exception of the City Manager [whose removal is governed by Article VI, Sec. 6 (c)], all officers and members of the boards appointed by the City Council may be removed from office by the City Council, for cause, upon written charges and after a hearing.
The City Council shall fix by order the salaries of the appointees
of the Council. Salaries of the appointees of the City Manager shall
be fixed by the City Manager subject to the approval of the Council.
a.
Eligibility. The City Manager shall be chosen by the City Council
solely on the basis of his executive and administrative qualifications,
and need not be a resident of the City of Belfast or the State of
Maine at the time of his appointment.
b.
Powers and duties of the City Manager. The City Manager shall be
the administrative head of the City Government, and shall be responsible
to the City Council for the administration of all departments. The
powers and duties of the City Manager shall be as follows:
(1)
See that all laws, provisions of this Charter and acts of the City
Council, subject to enforcement by the City Manager or by officers
subject to the manager's direction and supervision, are faithfully
executed.
(2)
Direct and supervise the administration of all departments, offices,
and agencies of the City, except as otherwise provided by this Charter
of [or] by law.
(3)
Appoint and when necessary for the good of the City, suspend, or
remove all City employees and appointive administrative officers provided
for by and under this Charter except as otherwise provided by law,
this Charter or personnel rules adopted pursuant to this Charter.
The City Manager may authorize any administrative officer subject
to the manager's direction and supervision to exercise these
powers with respect to subordinates in that officer's department
or agency.
(4)
Attend all City Council meetings. The City Manager shall have the
right to take part in discussions but shall not vote.
(5)
Keep the Council fully advised concerning the business, financial
condition and future needs of the City.
(6)
Act as purchasing agent for the City and all departments, except
schools.
(7)
Conduct sales of public property authorized by the City Council.
(8)
Prepare and submit the annual budget and capital program to the City
Council.
(9)
Make such other reports as the City Council may require concerning
the operations of the City departments, offices, and agencies subject
to the City Manager's direction and supervision.
(10)
Submit to the City Council and make available to the public
a complete report on the finances and administrative activities of
the City at the end of each fiscal year.
(11)
Provide staff support services for the Mayor and City Council
members.
(12)
Perform such other duties as may be prescribed by this Charter
or required by the City Council.
c.
Removal of the City Manager. The City Manager may be suspended by
a resolution approved by the majority of the total membership of the
City Council which shall set forth the reasons for suspension and
proposed removal. A copy of such resolution shall be served immediately
upon the City Manager. The City Manager shall have 15 days in which
to reply thereto in writing, and upon request, shall be afforded a
hearing, which shall not occur earlier than 10 days nor later than
15 days after such hearing is requested. After full consideration,
the City Council by majority vote of its total membership may adopt
a final resolution of removal. The City Manager shall continue to
receive full salary until the effective date of a final resolution
of removal.
d.
Vacancy in the office of the City Manager. In the event of a vacancy
in the office of the City Manager, or during the absence or disability
of the Manager, the City Council may designate a properly qualified
person to perform the duties and fix the compensation.
The duties of administrative officers other than the Manager
may be prescribed by the City Council. Such duties shall not be inconsistent
with the provisions of this Charter.
The City Council may establish and appoint such boards, commissions
and committees, not otherwise provided for in this Charter, which
it may determine to be needed from time to time. City Councilors and
City employees shall not constitute a majority of any board, commission
or committee not provided for in this City Charter. City Councilors
or City employees shall not serve as the chairperson [chair].
The City Council shall establish the following standing committees:
Zoning Board of Appeals, Comprehensive Planning and Review Committee,
Harbor Committee, Planning Board, and Board of Assessment Review.
a.
Zoning Board of Appeals.
(1)
Term of office. There shall be a standing Zoning Board of Appeals
consisting of five voting members appointed by the City Council, for
a term of three years; and one associate member for a term of three
years. The associate member shall act in the stead of a member who
is unable to act because of interest, physical disability or temporary
absence from the State.
(2)
Vacancies. In the event of a vacancy on the Zoning Board of Appeals,
the City Council, in accordance with its appointive authority, shall
fill the vacancy for the unexpired term.
(3)
Powers and duties. The powers and duties of the Zoning Board of Appeals
shall be in accordance with the provisions of law applicable thereto.
(4)
Exception. No City Councilor shall be appointed a member or associate
member of the Zoning Board of Appeals.
b.
Comprehensive Planning and Review Committee (ComPlanCom).
(1)
Term of office. There shall be a standing Comprehensive Planning
and Review Committee consisting of seven voting members, one member
appointed from each ward by the City Council, and two members appointed
At-Large, all appointed by the City Council, each for a staggered
term of two years.
(2)
Vacancies. In the event of a vacancy on the Comprehensive Planning
and Review Committee, the City Council, in accordance with its appointive
authority, shall fill the vacancy for the unexpired term.
(3)
Powers and duties. The powers and duties of the Comprehensive Planning
and review Committee shall be in accordance with the provisions of
Title 30-A M.R.S.A. § 4324 et seq., other law applicable
thereto, and such initiatives as requested by the City Council. This
committee will conduct all of its meetings in open public session
according to 30-A M.R.S.A. § 4324(4).
(4)
Exception. No City Councilor shall be appointed a member or associate
member of the Comprehensive Planning and Review Committee. On occasion,
the City Council may meet with the ComPlanCom in order to assure mutually
agreeable goals and objectives.
c.
Harbor Committee:
(1)
Term of office. There shall be a standing Harbor Committee consisting
of five voting members and one associate member, all appointed by
the City Council each for a staggered term of two years.
(2)
Vacancies. In the event of a vacancy on the Harbor Committee, the
City Council, in accordance with its appointive authority, shall fill
the vacancy for the unexpired term.
(3)
Powers and duties. The powers and duties of the Harbor Committee shall be in accordance with the provisions of law applicable thereto, and in particular, Title 38 M.R.S.A. §§ 1-13. Said committee shall have such other powers and duties as the City Council may from time to time confer or require.
(4)
Exception. No City Councilor shall be appointed a member or associate
member of the Harbor Committee.
d.
Planning Board.
(1)
Term of office. There shall be a standing Planning Board consisting
of five voting members appointed by the City Council; one each year
for a term of five years; and two associate members appointed for
a term of five years as an associate member.
(2)
Vacancies. In the event of a vacancy on the Planning Board, the City
Council, in accordance with its appointive authority, shall fill the
vacancy for the unexpired term.
(3)
Powers and duties. The powers and duties of the Planning Board shall
be in accordance with the provisions of law applicable thereto and,
said board shall have such other powers and duties as the City Council
may from time to time confer or require.
(4)
Exception. No City Councilor shall be appointed a member or associate
member of the Planning Board.
e.
Board of Assessment Review.
(1)
Term of office. There shall be a standing Board of Assessment Review
consisting of three members appointed by the City Council, so that
one member shall be appointed for one-year, one member for two years,
and one member for three years; thereafter following the initial appointment
of members, the term of each new member shall be three years. Two
associate members shall also be appointed by the City Council. One
associate member shall be appointed for a term of one-year and the
other associate member shall be appointed for a term of two years.
(2)
Vacancies. In the event of a vacancy on the Board of Assessment Review,
the City Council, in accordance with its appointive authority, shall
fill the vacancy for the unexpired term.
(3)
Powers and duties. The powers and duties of the Board of Assessment
Review shall be in accordance with the provisions of law applicable
thereto.
(4)
Exception. No City Councilor shall be appointed a member or associate
member of the Board of Assessment Review.
The City Council may establish and appoint such boards, committees
and commissions not otherwise provided for in this Charter which it
may determine to be needed from time to time.