The Council shall have power by ordinance or resolve to create
new appointive offices or to abolish any existing office or board
excepting that of City Manager and those provided by Charter.
All appointive officers and boards except for the City Manager,
whose terms are not specified in this Charter, shall hold office at
the pleasure of the appointing power. Appointive officers and boards,
whose terms are specified in this Charter, may be suspended and removed
by the appointing power, except that any such person may demand written
charges and a public hearing prior to such removal.
Salaries of the appointees and all subordinate employees of
the City Manager shall be fixed by the City Manager, subject to the
approval of the Council. The members of the Planning Board shall be
paid $100 per month.
The City Manager shall be chosen by the Council for a term not
to exceed three years, which term may be extended for additional terms
not to exceed three years each by the Council on the basis of his
or her character and his or her executive and administrative ability
and qualifications. The City Manager need not be a resident of the
City or state at the time of his or her appointment but shall become
a resident of the City of Augusta within six months and remain so
during his or her tenure of office. The City Manager shall be bonded
to the City of Augusta for the faithful performance of his or her
duties in such sum as the Council shall determine and direct, and
with surety or sureties to be approved by the Council. The premium
on the City Manager's bond shall be paid by the City. The Council
shall fix the salary of the City Manager. In the event procedures
are instituted to remove a City Manager during his or her term or
contract, the provisions set forth in Section 5 of this article must
be followed. The provisions do not, however, apply in situations involving
nonrenewal of a City Manager's term or contract.
The Council may remove the City Manager from office in accordance
with the following procedures:
1.
The Council shall adopt by affirmative vote of a majority of all
its members a preliminary resolution which shall state the reasons
for removal of the City Manager. The Council also may, at the time
the resolution is adopted, suspend the Manager from duty, with pay,
for a period not to exceed 45 days. A copy of the resolution passed
shall be delivered promptly to the City Manager in hand within three
days of the vote on the resolution.
2.
Within five working days after a copy of the resolution is delivered
to the City Manager, the City Manager may file with the Council a
written request for a hearing. The City Manager shall also, in writing,
either admit or deny reasons given for the removal in Paragraph 1.
hereinabove. This hearing shall be held at a Council meeting not earlier
than 15 working days nor later than 30 working days after the request
is filed.
3.
If the City Manager fails to reply to the resolution described in
Paragraph 1. hereinabove, then the reasons stated in the resolution
shall be deemed admitted. The Council shall then vote on the removal
of the City Manager within five working days after the reply was due.
4.
If a hearing is requested, the City Manager may be represented by
legal counsel at all proceedings at no expense to the City; the Council
shall be represented by Corporation Counsel; and the Council may appoint
a separate attorney to act as prosecutor on behalf of the City. All
witnesses shall be placed under oath and the hearing shall be conducted
in accordance with the Rules of Administrative Hearings. The Council
shall act as a quasi-judicial body and as such shall only consider
the evidence that is presented at the public hearing. Council members,
once having made an affirmative vote on a preliminary resolution,
shall not discuss the contents of the resolution except at the hearing.
All deliberations of the Council shall be public unless the City Manager
shall request that the deliberations take place in executive session.
5.
The Council may adopt a final resolution of removal, which may be
made effective immediately, by an affirmative vote of a majority of
all its members. The Council's decision shall be made within five
working days from the conclusion of the hearing.
6.
The Manager shall continue to receive his or her salary until the
effective date of a final resolution of removal.
7.
The process outlined above may be amended or changed by specific
contractual provision entered into by the Council and City Manager.
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(Amendment of 6-14-1988; Amendment of 11-3-1998; Amendment of
11-4-2008)
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The City Manager shall be the administrative head of the City
and shall be responsible to the Council for the administrative management
of all departments of the City. The powers and duties of the City
Manager shall be as follows:
1.
To see that the laws and ordinances are enforced;
2.
To exercise control over all departments and divisions created herein,
or that may hereafter be created;
3.
To make appointments and removals as provided in this Charter;
4.
To prepare and submit the annual budget and capital program to the
Council;
5.
To attend meetings of the Council and recommend for adoption such
measures as he or she may deem expedient;
6.
To keep the Council fully advised as to the business, financial condition
and future needs of the City;
7.
To report annually, with the submission of the proposed budget, the
quality, cost and method of delivery of services to the inhabitants
of the City of Augusta and recommendations for change which he or
she may deem appropriate;
8.
To perform such other duties as may be prescribed by this Charter
or required by the Council, or as may otherwise be required by law;
The Manager shall designate in writing a qualified person to
exercise the powers and perform the duties of Manager during his or
her temporary absence or disability. During such absence or disability,
the Council may revoke such designation at any time and appoint another
person to serve until the Manager shall return or his or her disability
shall cease. In the event of failure of the Manager to make such designation,
the Council may by resolve appoint a qualified person to perform the
duties of the Manager until he or she shall return or his or her disability
shall cease.
(Amendment of 6-14-1988; Amendment of 11-3-1998; Amendment of
11-4-2008)
There shall be a single Assessor. He or she shall have such
duties and be subject to such liabilities as are prescribed for such
assessors under the laws of the State of Maine.
There shall be a Board of Assessment Review to consist of five
qualified voters of the City who shall be appointed by the Mayor for
a term of three years. Annually, the review board shall choose a Chairperson,
a Vice-Chairperson and a Secretary from its membership. The Secretary
shall keep a complete, accurate record of all votes taken at the meetings
of the review board and provide a certified copy to the Assessor.
Three members of the review board shall constitute a quorum for the
purpose of hearing and voting upon a matter presented to the review
board. Any members having a financial interest in a matter presented
to the review board shall disqualify themselves and in such event
the remaining members of the review board shall constitute the Board
of Assessment Review. The Council shall determine, if any, the compensation
of the review board.
The Board of Assessment Review shall have the same powers that
are granted to such boards by the laws of the State of Maine. It shall
adopt, subject to Council approval, such regulations as may be necessary
to carry out its functions of assessment review, which regulations
shall be published annually in a newspaper having a general circulation
in the City.
(Amendment of 6-14-1988; Amendment of 11-4-2008)
