There shall be a Town Council of five members, elected at large by the electors of the Town, each to serve for a term of two years, and until his or her successor is elected and qualified.
The election of members of the Council shall be held on the first Tuesday after the first Monday in November in each even numbered year, in the manner provided for in the election laws of the State. All candidates for Council member shall be qualified electors of the Town, and residents thereof, and must remain qualified electors and residents throughout their term of office. The terms of members of the Council shall begin upon the issuance of their certificates of election. The five candidates receiving the greatest number of votes shall be elected. Outgoing Council members shall offer full cooperation to their successors and shall observe the principle that all files, records and documents defined as public records in the open records laws of the State, which they used during their tenure, are the property of the Town and are to be conveyed in good order to their successors.
The members of the Council shall receive such compensation and benefits as shall be fixed by the Financial Town Meeting as a separate budget line item, pursuant to the provisions of this Charter.
The Council shall elect from among its members a President and a Vice President, each of whom shall serve at the pleasure of the Council. The President shall preside at all meetings of the Council and shall be recognized as the head of the Town government for ceremonial purposes and by the Governor for purposes of military law. The Vice President shall act as President during the absence or disability of the President.
No person, with the exception of members running for reelection, shall be eligible for election to the Council if he or she holds any paid public office or employment in the Town as of the certification of his or her election. A Council member shall not be eligible for appointment to any paid office or employment in the Town during the term for which he or she was elected to the Council nor for one year thereafter. A Council member may hold an elective Town office immediately succeeding his or her term on the Council.
In the event that the office of a Council member shall become vacant from any cause within the first year of the term of office, such vacancy shall be filled at a special election scheduled by the Board of Canvassers for that purpose. In the event that any such vacancy shall occur during the second year of the term of office, the Council shall appoint a qualified elector of its choice to fill the vacancy. The Council shall by ordinance make necessary rules and regulations for the conduct of special elections schedules pursuant to the requirements of this section, not inconsistent with State law.
The grounds and procedures for forfeiture of Council office shall be as follows:
A. 
A Council member shall be required to forfeit his or her office if he or she: ceases at any time to fulfill any of the qualifications for the office prescribed by this Charter or by State law; is disqualified from holding office under the terms of Section 1007 of this Charter; or attends no regularly scheduled Council meeting for a period of three consecutive months without being excused by vote of the Council. The remaining members of the Council shall fill any vacancy caused by such forfeiture or disqualification from office in the manner set forth in Section 406 above.
B. 
The Council shall be the judge of the qualifications of its members, or as to whether grounds for forfeiture of the office of any member exist, and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member, whose qualification for office or forfeiture of office is at issue, shall be entitled to a public hearing, and notice of such hearing shall be published at least one week in advance. Decisions made by the Council under this section shall be subject to review by the courts.
The first meeting of a newly elected Council shall be held on the first Wednesday following the certification of the election of a majority of its members by the canvassing authority. The Town Clerk shall preside until the selection of a Town Council President. The Council shall determine and give notice of the time, place and dates of its regular meetings for the ensuing calendar year, which shall be at least once each month. The posting of notice of all meetings, including special meetings, shall be in accordance with State law. The Town Clerk shall serve as Clerk of the Council. The Council President shall at all times have the same right to vote on matters before the Council as any other member, and may make and second motions. The Council shall adopt and may amend its own rules, and shall make reasonable provision to allow persons in attendance at its meeting opportunity to speak. A quorum for Council meetings shall consist of three members; and a minimum of three affirmative votes shall be required for the adoption of any ordinance.
The Council may adopt a designated parliamentary manual for use to supplement its own rules. Special meetings of the Council may be called by the President, and shall be called by the President upon receipt of written requests for a special meeting from two Council members. All Council members shall be notified of any special meeting and of the business to be conducted thereat by certified letter, facsimile or messenger at their places of residence or business delivered at least 48 hours in advance, unless an emergency requires the more rapid convening of a meeting. In the event that the special meeting is called at a Council meeting, those members present shall be considered to have been duly notified.
The Council shall have the power to enact, amend or repeal ordinances for the preservation of the public peace, health, safety, comfort and welfare, and for the protection of persons and property, to provide reasonable penalties as allowed under State law for the violation of any ordinance; and to exercise all additional powers, consistent with this Charter and the laws and Constitution of the State. All the legislative powers vested in the Town by State law and the Constitution shall be exercised by the Town Council, except those reserved to the Financial Town Meeting and to the people through the initiative and referendum procedures.
Ordinances of the Town and amendments thereto shall be adopted by the Council in accordance with the following procedure and any additional procedures required by State law:
A. 
A proposed ordinance or amendment to an existing ordinance may be introduced by any member of the Council at any regular or special meeting; provided that every proposed ordinance or amendment is filed with the Town Clerk no later than four business days previous to the day of the meeting at which it is to be introduced. The Town Clerk shall provide each member of the Council and the Town Solicitor with a copy thereof, shall post one copy in the Town Hall for public inspection, and shall publish a summary thereof in a newspaper of general circulation in the Town, such summary to appear no less than five days prior to final passage of said ordinance or amendment in accordance with Subsection B below.
B. 
Every ordinance or amendment which is subject to the provisions of this section, other than an emergency ordinance governed by Section 411 below, shall be read the first time and explained by its proponent upon its introduction, but no final action may be taken thereon until a subsequent regular or special meeting held no less than seven days after the introduction of the proposed ordinance or amendment. This subsequent meeting shall constitute a second reading and final passage may follow.
C. 
Within 10 days following passage, a summary of the provisions of every ordinance or amendment passed pursuant to this section shall be posted by the Town Clerk in the Town Hall for public inspection.
The following ordinance procedure may be used in times of public emergency:
A. 
The Council may adopt one or more emergency ordinances when necessary to protect life, health, property and the public peace. An emergency shall be defined as a situation wherein the public health, safety and/or general welfare of the Town are immediately imperiled by an unusual or unforeseen circumstance. In such a case, the Council may suspend the provisions of Section 410 above in whole or in part to deal with the emergency by ordinance. Any such ordinance shall define clearly and specifically in its text the nature of the emergency at which it is directed and the necessity for the action provided for. Only emergency ordinances clearly essential to deal with the situation shall be enacted under suspension of Section 410.
B. 
An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally and may be adopted with or without amendment or may be rejected at the meeting at which it is introduced. Adoption shall require the vote of at least three members of the Council.
C. 
All emergency ordinances shall become effective upon adoption or at such later time as may be specified therein and shall automatically stand repealed as of the 61st day following the date on which they took effect, but may be reenacted in the manner specified in this section for a period of no more than 60 additional days if the emergency still exists. An emergency ordinance may also be repealed by a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
The Council may in the interest of the Town make investigations into the affairs of the Town and the conduct of any Town department, office or agency, with the exception of the Regional School Committee and Regional School District, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
It shall be the duty and responsibility of the Council to:
A. 
Approve every proposal for borrowing moneys for which the credit of the Town will be pledged, including any and all proposals which call for the issuance of bonds or notes, or the entering into of any lease, purchase or similar agreements which extend beyond a single fiscal year, and shall arrange for approval thereof by the electors of the Town either at a regular or special Financial Town Meeting or at a Town wide referendum held at a general or special election, as may be appropriate or required by State law. The credit of the Town shall not be pledged unless a majority of the electors present and voting at such Town meeting or voting at such referendum shall have approved thereof; provided, however, that the Council may, as permitted by State law, authorize borrowing in anticipation of taxes or of federal or State grants, subject to any limit for such borrowing set by the electors at a regular or special Town meeting.
B. 
Provide for an independent annual audit by a certified public accountant of all Town accounts, and the Louttit Library and the Volunteer Fire and Rescue Companies accounts which are funded by the Town, such audit to conform with the requirements of State law for such annual audits, with generally accepted auditing standards, and shall require the inclusion by the auditors of their informed opinion of the financial practices and accounts of the Town. Such annual audit shall be completed and filed with the Town Council no later than six months after the close of the fiscal year, and a copy shall be filed with the Director of Administration and with the Auditor General of the State. The Council may provide for such additional audits as it may deem appropriate and for which the electors at the Financial Town Meeting may have made appropriation.
C. 
Serve as licensing authority of the Town and as such to exercise all authority conferred upon towns, or which may be exercised by towns, under State law, to issue licenses and permits for the conduct of businesses or professions, or for all other purposes as authorized by law, and to make necessary rules and regulations pertaining thereto.
D. 
The Council shall also be empowered to: specify the title of Town departments and appointed officials; define the responsibilities of Town departments and appointed officials; make interdepartmental changes of employee work assignments; and specify the duties and work hours of all appointed officials and employees.