[Amended 11-6-2018; Ref.
of 11-8-2022]
A. The Town Council shall consist of seven (7) members elected from
the Town, one (1) from each of five districts, and two (2) members
of the Council at large, without any party marker designation upon
the ballot, each to serve for a term of four (4) years or until a
new Council has been elected and a majority of its members qualified.
B. Term limits. Any person who is elected to the Town Council as a district
or at-large candidate shall serve no more than two (2) four (4) year
terms consecutively. Thereafter he or she shall be ineligible to serve
as district or at-large town council member until the passage of four
(4) years.
C. 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 on this amendment.
Members of the Council shall be qualified electors of the Town of Cumberland and shall hold no other paid public office or employment in the service of the Town, except that of Auctioneer, or Call or Volunteer Fireman. No member of the Council shall be eligible to accept any other paid appointed Town office during his or her term on the Council or for a period of one (1) year thereafter. Nothing contained in the section shall be construed or interpreted as prohibiting a member of the Town Council from being appointed as Mayor under the provisions of section
304 and/or
305.
[Ref. of 11-7-1995; Ref.
of 11-2-2010; Ref. of 11-8-2022]
A. A vacancy shall exist in the Town Council if a member dies, resigns,
ceases to meet the qualifications for membership, ceases to be a resident
of the district for which he or she was elected or ceases to be a
resident of the Town, or is absent from four (4) consecutive regular
meetings of the Council, unless such absences are excused by a majority
vote of the whole Council membership, with reasons therefor stated
at the time and appearing in the journal of the meeting from which
the Council member was excused.
B. If a vacancy shall occur in the Town Council twelve (12) months or
more prior to the regular election, a special election shall be called
by the Town Clerk to take place within seventy-five (75) to ninety
(90) days after such vacancy has occurred in the manner prescribed
by State Law. Any vacancy in the membership of the Town Council that
shall occur less than twelve (12) months prior to the regular election
may be filled for the unexpired term by the remaining members of the
Town Council; provided that the person chosen by the Town Council
to fill such vacancy shall reside in the same district of the member
being replaced.
[Ref. of 11-7-1995]
The first meeting of a newly elected Council shall be held on
the first Monday following the certification of election of a majority
of its members by the Canvassing Authority, at which session the newly
elected members of the Council shall assume the duties of their office.
Regular meetings shall be held at least once each month for the transaction
of business, at such time and place within the Town as the Council
shall prescribe by ordinance. A special meeting of the Town Council
shall be called by the Town Clerk on written request of the Town Council
President, by not less than three (3) members of the Council, or by
the Mayor. Notice of a special meeting shall be in writing and delivered
personally to each member or to his or her place of residency by the
Town Clerk or a person designated by him or her at least forty-eight
(48) hours previous to the time of such meeting. The Town Council
may meet upon shorter notice by unanimous consent of all its members
which shall be entered in the record of the proceedings. The purpose
of a special meeting shall be stated in the notice of the meeting
and no business shall be transacted at any special meeting other than
that which has been stated in the notice. All meetings of the Town
Council shall be open to the public, and citizens shall have a reasonable
opportunity to be heard, except that this provision shall not be deemed
to prevent the holding of executive sessions permitted by State law,
provided that all votes are taken in public. The scheduling of all
meetings of the Council and the posting of same shall conform, at
a minimum, with the provisions of State Law.
The Council shall elect one (1) of its members as its President and another as President pro tempore at its first meeting as defined in section
404. The Council President shall preside at meetings of the Council and shall have a voice and vote in its proceedings. The President pro tempore shall perform the duties of the President during the absence or disability of the President. In the absence of both the President and the President pro tempore, the Council shall elect one of its members as acting President, who shall perform the duties of the President during the absence of both the President and the President pro tempore.
[Ref. of 11-7-1995]
Members of the Town Council shall receive such annual salaries
as shall from time to time be fixed by the Council. The President
of the Council shall receive such additional salary as shall from
time to time be fixed by the Council. Any increase or decrease in
salary shall take effect following the next biennial election of the
Council Members.
[Ref. of 11-7-1995]
The Town Council shall be the policy-determining body of the
Town, and shall exercise all of the powers of the Town, except as
otherwise provided by this Charter, or by the constitution and laws
of this State. Among the powers of the Council, to be exercised in
accordance with relevant provisions of the Charter and of the constitution
and laws of this State shall be the power to:
A. Determine its own rules and order of business and keep a journal
of its proceedings which shall be open to public inspection in the
office of the Town Clerk.
B. Judge the qualifications of its members.
C. Enact, amend, or repeal rules, ordinances and resolutions for the
government of the Town which shall have to do with the preservation
of the public peace, health, safety, welfare and comfort of the inhabitants
and the protection of persons and property, and other municipal functions.
D. Provide reasonable penalties in accordance with law for the violation
of any ordinances.
E. Enact ordinances providing for levying taxes and other revenue and
appropriate money for expenditures.
F. Review and act upon the Town Budget in the manner prescribed in section
804.
G. Create, change, and abolish Town offices, departments, and agencies
not established by this Charter or by the constitution and State laws.
H. Fix the amount of official bonds of all nonelective officers of the
Town who, in its opinion, should be bonded, the premium on such bonds
to be paid by the Town.
I. Inquire into the conduct of any office or officer, department or
agency of the Town under its control; and upon the certification by
majority vote of any Town board or commission that a member thereof
has been absent from four (4) consecutive meetings of said board or
commission without having been excused by majority vote thereof, may
declare such member's position vacant, such vacancy to be filled by
the appointing authority for the position.
J. Compel the attendance of officers of the Town, Department Heads,
and member of boards and commissions at Council meetings when such
persons are instructed in writing to appear, and institute dismissal
proceedings against any such person who refuses to attend.
K. Act upon all appointments of the Mayor for which Town Council confirmation
is required.
L. Establish by ordinance the compensation that may be paid to all elective
or appointive officers and employees, including Board and Commission
members of the Town, and stipulate the amount in each instance, except
where specifically provided otherwise in this Charter.
M. Provide by ordinance for a personnel classification system in conformity
with provisions of this Charter and applicable general and special
laws.
N. Provide rules and regulations with respect to vacations of Town officials
and employees.
O. Review any special assessment upon request of a property owner and
order correction or confirmation of the same.
P. Enact and amend, after notice as prescribed by State law and public
hearing, such zoning ordinances as it deems appropriate, providing
such ordinances are in accordance with State law.
Q. Elect such number of Constables to serve civil process as it shall
from time to time determine, and charge and collect for licenses issued
to such Constables such fees as the Council shall fix by ordinance.
[Amended 11-6-2018]
R. Grant, suspend, or revoke licenses in accordance with State law.
S. Provide for the audit at any time of the accounts of the Town or
any of its departments and to provide for an annual audit as hereinafter
prescribed.
T. Issue subpoenas to compel witnesses to testify and produce records
as prescribed by State law.
U. Exercise all additional powers, consistent and in accordance with
the Charter and the laws and constitution of the State, which have
been or may hereafter be granted to the Council by the Charter or
to the Town by the laws and constitution of the State.
Four (4) members of the Town Council shall constitute a quorum
for the transaction of business, but a smaller number may adjourn
from time to time. At least twenty-four (24) hours' notice shall be
given to all members prior to the holding of an adjourned meeting.