[Ref. of 11-7-1995; amended 11-6-2018]
There shall be a Mayor for the Town of Cumberland who shall be elected at the general election in even numbered years for a term of four (4) years and until his or her successor is elected and qualified. The term of the Mayor shall begin at 12:01 p.m. on the first Sunday after the first Saturday in January of the year following his or her election.
Term Limits. Any person who is elected to the office of Mayor shall serve no more than two (2) four (4) year terms consecutively. Thereafter he or she shall be ineligible to serve as Mayor until the passage of four (4) years.
The term of four (4) years and maximum of two (2) consecutive terms shall not take effect until the election following the election year in which this amendment is approved by a majority of the qualified voters of the Town of Cumberland so voting.
The Mayor shall be a legal resident of the Town for at least two (2) years next preceding his election and be a qualified elector of the Town.
The Mayor shall receive such annual salary of not less than thirty-five thousand dollars ([$]35,000) as may be prescribed by ordinance; provided that his salary shall not be changed after the filing of nomination papers for the office or during the term of office for which he was elected.
[Ref. of 11-5-2002]
In the event the mayor is unable to perform his or her duties during a temporary absence or temporary disability, the mayor may designate the council president, or the president pro tempore if the council president is unable to serve, as acting mayor. In the event or failure of the mayor to make such designation, the council, by majority vote, may appoint one of its members, to perform the duties of the mayor until said mayor shall return or the consecutive absence or disability shall cease. After ninety (90) days of such consecutive absence or disability have elapsed the Council may declare the office of Mayor vacant. While serving as acting Mayor, said designated officer shall not make any appointments or removals, other than temporary appointments until he or she shall have served as acting mayor for ninety (90) consecutive days and then only with the consent of the Town Council.
[Ref. of 11-5-2002]
In the event of a vacancy of the office of the Mayor, if less than six (6) calendar months remain until a regular election, and the office of Mayor is declared vacant, the President of the Town Council shall act as Mayor; and if the President of the Town Council shall resign or be unable to act, then the Council shall elect by a majority of its members, one of its members to serve as acting mayor. If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more, the Town Clerk shall call a special election in the manner prescribed by State law to fill said vacancy in the office of Mayor.
[Ref. of 11-5-2002; Ref. of 11-2-2010]
The Mayor shall be the chief executive and administrative officer of the Town and shall be responsible for the administration of all departments, offices and agencies except as otherwise provided in the Charter or by State law. To accomplish this purpose the Mayor shall:
Appoint any officer, department head, or other employee, except as otherwise provided and except that he or she may authorize the head of a department or office to appoint subordinates in such departments or offices[;] nothing herein contained shall be deemed to preclude the Mayor from recommending himself for any position that he or she is authorized hereunder to appoint with the consent of the Council, provided however, that he or she shall be entitled only to the compensation paid the Mayor.
Remove for cause, subject to Council approval, following a public hearing if requested, which shall be conducted by the Town Council, any officer, department head, or other Town employee except as otherwise provided.
Notify the Town Council of all his or her other appointments, which shall be in writing, prior to the next regularly scheduled Council meeting, following the first Sunday after the first Saturday in January of the year following his or her election. A Mayor who is re-elected is still obligated to submit to the Town Council his Department appointments as noted. In the event of Council rejection the Mayor may not resubmit the name of the individual to the Council for the same position during its (the Mayor's) term of office. In the event of a vacancy in an office which the Mayor may fill by appointment with the approval of the Council the Mayor may assume the position himself or temporarily appoint a Town employee to fill the position on an acting basis for a period not to exceed sixty (60) days. Where the Mayor has appointed a person as an acting department head for sixty (60) days, said appointee may be allowed to serve for an additional sixty (60) days and thereafter with the approval of the Town Council.
See that all laws and ordinances are enforced.
Negotiate contracts in behalf of the Town subject to the approval of the Town Council, except as otherwise provided for by this Charter or State law.
See that the terms and conditions imposed in favor of the Town in any contract or franchise are faithfully kept and performed and be responsible for the care and preservation of the property and equipment of the Town.
Prepare the budget annually, submit it to the Council for appropriate action, and execute the budget in accordance with appropriations and ordinances adopted by the Council.
Prepare and submit to the Town Council a comprehensive annual report of the financial transactions and administrative activities of the Town within ninety (90) days of the close of each fiscal year and keep the Town Council advised monthly of the financial conditions and needs of the Town and make such recommendations as he or she may deem desirable.
Possess and exercise the veto power in the following manner: every ordinance enacted by the Town Council shall be submitted to the Mayor who within ten (10) consecutive days either shall approve the ordinance by affixing his or her signature or shall return the ordinance to the Town Council with his or her disapproval by transmitting it to the Town Clerk with a statement of his objections. No ordinance shall take effect without the approval of the Mayor unless the Town Council upon reconsideration shall approve the ordinance by vote of two-thirds of all its elected members notwithstanding the disapproval of the Mayor. If the Mayor shall neither approve nor disapprove the measure within ten (10) consecutive days from the time when it is submitted, it shall be deemed to be approved and enacted.
Have power and authority to declare a state of municipal emergency in the event of a disaster, catastrophe, or other similar event, or the eminent danger thereof, which endangers the health welfare, safety, or resources of the people of the Town and to take such lawful action as the Mayor deems necessary to protect the health, safety and security of the Town and its inhabitants.
Be recognized as official head of the Town government for all ceremonial purposes and by the Governor for purpose of military law.
Perform such other duties as may be required of him by ordinance of the Town Council.
[Ref. of 11-5-2002]
Upon certification, the Mayor-elect may appoint a designee or designees to facilitate the transition to the new administration, current executive staff shall provide complete and accurate operational and personnel information to such designee or designees.