(a)
All legislative powers of the Town are vested in a Council consisting
of three Councilmembers who shall be elected as hereinafter provided
and who shall hold office for a term of two years, or until their
successors take office. As provided in Section 709 of this Charter,
two Councilmembers (Council seats 2 and 3) shall be elected during
every even numbered year and one Councilmember (Council seat 1) shall
be elected during every odd numbered year. The regular term of the
Councilmembers shall expire on the 3rd Monday following the election
of their successors.
(b)
Councilmembers holding office at the time Charter Amendment Resolution
2008-1 (eliminating Council wards) becomes effective shall continue
to hold office for the term for which they were elected or until their
successors take office under the provisions of this Charter. (Res.
No. 2008-1, 3-25-2008)
(Res. No. 2008-1, 3-25-2008)
Councilmembers shall be at least 25 years of age, shall have
resided in the Town for at least one year immediately preceding their
election and shall be qualified voters of the Town.
Each Councilmember may receive an annual salary which shall
be equal for all Councilmembers. Salaries of Councilmembers shall
be adopted by ordinance in a public meeting. No change shall be made
in the salary paid to Councilmembers during the term for which he/she
was elected.
(a)
The newly elected Council shall meet at 7:30 p.m. on the 3rd Monday
following its election for the purpose of organization, after which
the Council shall meet regularly at such times as may be prescribed
by its rules but not less frequently than once each month, except
in the months of July, August and December whereby the Council may,
as further prescribed by its rules or adopted by separate resolution,
declare a recess from such regular meetings. Special meetings shall
be called by the Clerk upon the request of the Mayor or a majority
of the members of the Council.
(b)
All meetings of the Council shall be open to the public unless closed
by the Council in accordance with State law. The rules of the Council
shall provide that residents shall have a reasonable opportunity to
be heard at any public meeting in regard to any municipal question.
(Res. No. 01-2011, 7-26-2011)
[1]
Note: Resolution Number 01-2011 purportedly amended Section
4.5 of the Charter. However, the language of the section amended in
the resolution is found in Section 405 of the Charter and there is
no Section 4.5. Accordingly, the changes have been made to Section
405.
Any Councilmember who, during his/her term of office, ceases
to be a legal resident of the Town shall immediately forfeit the office.
A vacancy occurs when a Councilmember, prior to the expiration
of the term for which elected, shall die, resign from office, forfeit
office, or be removed from office. Vacancies on the Council shall
be filled as provided in Section 716 of this Charter.
The Mayor shall preside over the meetings of the Council, shall
set an agenda, and, except as otherwise provided by this Charter,
may vote on all questions before the Council only in the event of
a tie vote. If the Mayor is absent from a meeting of the Council,
the Vice Mayor shall preside over the meeting. If both the Mayor and
the Vice Mayor are absent from a meeting, the Councilmember with greatest
seniority shall preside.
A majority of the Council shall constitute a quorum for the
transaction of business.
The Council shall determine its own rules and order of business.
It shall keep minutes of its proceedings and enter therein yeas, nays,
absences, and abstentions upon final action on any question, resolution
or ordinance, or at any other time if required by any one member.
The minutes shall be open to public inspection. No action requiring
a vote of the Council shall be taken except in a public meeting.
(a)
Definitions.
(1)
"Resolution" shall mean a formal expression of opinion, will
or intent adopted by a vote of the Council and, unless otherwise required
by law, shall not have the force of an ordinance.
(2)
"Ordinance" shall mean a legislative enactment adopted in a
manner prescribed by this section that shall have the full force of
law.
(b)
An ordinance or resolution may be introduced by any Councilmember
at any public meeting of the Council.
(c)
The Council may pass, amend and pass, reject, or defer consideration
of an ordinance at any meeting of the Council held not less than six
(6) days nor more than sixty (60) days after the meeting at which
the ordinance was introduced.
(d)
All ordinances passed by the Council shall be promptly delivered
by the Clerk to the Mayor for the Mayor's approval or disapproval.
If the Mayor approves any ordinance, the Mayor shall sign it. If the
Mayor disapproves any ordinance, the Mayor shall not sign it. The
Mayor shall return all ordinances to the Clerk within six (6) days
after delivery from the Council (excluding the first day, including
the last day, and excluding any Sunday) with his or her approval or
disapproval. Any disapproved ordinance shall not become a law unless
subsequently passed by a favorable vote of the whole Council within
thirty (30) calendar days from the time of the return of the ordinance.
If the Mayor fails to return any ordinance within six (6) days of
its delivery, it shall be deemed approved by the Mayor and shall become
law in the same manner as an ordinance signed by the Mayor.
(e)
Except as otherwise provided in ordinance or in this Charter, ordinances
shall become effective at the expiration of eleven (11) calendar days
following adoption by the Council and approval by the Mayor or passage
by the Council over the Mayor's veto unless a different effective
date has been specified therein.
(f)
In cases of emergency, the provision that an ordinance may not be
passed at the meeting at which it is introduced may be suspended by
the affirmative votes of all the Councilmembers present. An emergency
ordinance may be enacted when it is necessary for the immediate preservation
of the public peace, health, safety, or welfare. No action shall be
taken unless at least two Councilmembers are present. An emergency
ordinance may become effective immediately or on a later date as specified
therein upon adoption and approval by the Mayor or passage by the
Council over the Mayor's veto. No emergency ordinance shall levy
any tax or authorize borrowing except as provided in Section 808 of
this Charter; abolish any office; change the compensation, term, or
duty of any officer; grant any franchise or special privilege; sell
any public property or land; or create any vested right or interest.
Every emergency ordinance shall be plainly designated as such and
shall describe the emergency in clear and specific terms. Upon adoption,
a fair summary of the emergency ordinance shall be immediately published
in the Town newsletter or other newspaper of general circulation in
the Town and posted on an official bulletin board to be maintained
by the Council in a public place. All emergency ordinances shall have
a date of termination not to exceed one (1) year after enactment.
