The members of the town council constitute the municipal officers
of the Town of Kittery for all purposes required by statute, and,
except as otherwise herein specifically provided, have all powers
and authority given to, and perform all duties required of, municipal
officers under the laws of this State.
The regular election of council members is to be held each year in the manner provided in Article
X.
Each member is elected for a term of 3 years and serves until
a successor is elected and qualified. In case any candidates receive
an equal number of votes, their relative positions are determined
by lot.
Council members are each entitled to receive $20.00 for each
regular and/or special meeting attended, plus their actual and necessary
expenses. Such compensation may be changed by ordinance, but no ordinance
increasing such compensation may become effective until the date of
commencement of the terms of the councilors elected at the next regular
election, provided that such election follows the adoption of such
ordinance by at least 6 months.
All powers of the town are vested in the council, except as
otherwise provided by law or this charter and the council must provide
for the exercise thereof, and for the performance of all duties and
obligations imposed on the town by law.
At the next regular meeting following the day of election, or
as soon thereafter as practicable, all council members-elect are to
be sworn to the faithful discharge of their duties by the town clerk
or by any other person authorized to administer an oath.
The council is the judge of the election and qualifications of its members and of the grounds for forfeiture of their office as set forth in §
2.12, subsection
2, and for that purpose has the power to subpoena witnesses as provided in §
12.03, administer oaths and require the production of evidence. A council member charged with conduct constituting grounds for forfeiture of office is entitled to a public hearing on demand, and notice of such hearing must be published in one or more newspapers of general circulation in the town at least one week in advance of the hearing. Decisions made by the council under this section are subject to review by the Superior Court.
To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances in the form and manner prescribed for ordinances generally, but such emergency ordinances may not levy taxes or authorize the borrowing of money except as provided in section
6.09, subsection
2. An emergency ordinance may be adopted with or without amendment or rejected, but the affirmative vote of at least 5 members is required for adoption. It becomes effective upon adoption or at such later time as it may specify.
Every emergency ordinance, except one made pursuant to section
6.09, subsection
2, automatically stands repealed as of the 61st day following the date on which it was adopted, but this does not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
The council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such an adopting ordinance are as prescribed for ordinances
generally, except that:
(1) The requirements of §
2.14 for distribution and filing of copies of the ordinance is construed to include copies of the code of technical regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance must be authenticated and recorded by the town clerk pursuant to §
2.17, subsection
1.
Copies of any adopted code of technical regulations must be
made available by the town clerk for distribution or for purchase
at a price fixed by the council.