City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Westbrook as Chs. III, IV, VII, IX, XI, XXII, § 1, XXVII, § 1, XXXVIII and XXXIX of the 1942 Code (Ch. 2, Arts. III and XI, § 2-285, and Ch. 7, Art. I, of the 2007 Code). Amendments noted where applicable.]
STATE LAW REFERENCES
Municipal authority to appoint constables — 30-A M.R.S.A. § 2673
Municipal accounts and audits generally — 30-A M.R.S.A. §§ 5821 to 5826.
Municipal authority to appoint attorneys — 30-A M.R.S.A. § 2002.
Powers and duties of treasurers — 30-A M.R.S.A. 5601 to 5603.
Powers and duties of tax collectors — 36 M.R.S.A.§§ 751 to 766.
[Amended 12-19-1950; 6-20-1961; 4-1963; 8-23-1963; 9-14-1964; 4-6-1970; 12-11-1972; 7-17-1995; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
By the provisions of Section 3.1 of the Charter, the following administrative officers are hereby ordained and established: Administrative Assistant, Director of Human Resources, City Electrician, City Engineer, City Physician, City Solicitor, Constables, Director of Civil Defense, Director of Public Services, Electrical Inspector, Health and License Inspector, Measurers of Wood and Bark, Regents of Memorial Library, Surveyors of Lumber, Trustee of Woodlawn Cemetery, City Arborist.
Unless otherwise specified, the administrative officers enumerated in § 68-1 of this chapter shall be appointed by the Mayor without the approval of the Council.
[Amended 6-20-1961; 9-14-1964; 4-6-1970; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Trustee of Woodlawn Cemetery shall hold office for three years and the Regent of Memorial Library for five years. Under Section 3.1 of the Charter, the remaining administrative officers shall be appointed on the first Monday of January, annually, or as soon as may be thereafter, and shall hold their respective offices for the term of one year from the first Monday of January unless sooner removed.
[Added 6-20-1961; amended 9-14-1964; 4-6-1970]
Any person who has been appointed an administrative officer with the approval of a three-fourths vote of the Council may be reappointed by the Mayor for a subsequent and successive one-year term of office without the approval of the Council, but all such terms must be successive.
The construction, care, custody, management and repair of all City property not expressly entrusted to some department of the City shall be under the direct management and control of the Mayor.
[Amended 6-20-1961; 9-14-1964; 4-6-1970]
All salaries of City officials shall be established by ordinance by the Council, and such ordinances shall in no way be affected by the adoption of this Code.
All administrative officers of the City shall submit an annual report to the Mayor. Such report shall be due no later than the last day of January, and it should cover the activities of their respective departments during the preceding year. In addition to an annual report, the administrative officers shall make such periodic reports as are required by the Mayor.
[Added 6-20-1961; amended 2-9-2004]
A. 
Appointment; approval of Council. The City Administrator shall be appointed by the Mayor subject to the approval of a three-fourths vote of all the members of the Council by a roll-call vote.
B. 
Removal procedure. Any appointee to the office of City Administrator may be removed from office by the Mayor, by a written order, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in his order of removal in accordance with the provisions of Section 2.2 of the Charter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Duties generally. The City Administrator shall prepare and furnish such data and statistical reports relative to the operation of the municipal affairs of the City and its various departments as the Mayor or the Council may from time to time require, including but not limited to the following:
(1) 
Prepare and present to the Council with the concurrence of the Mayor periodic reports of the activities of the City's various departments, including their receipts and expenditures.
(2) 
Prepare and present to the Council with the concurrence of the Mayor an annual report of the operation and cost of the City government for the preceding fiscal year and a proposed budget for the next fiscal year.
(3) 
Perform such other municipal administrative duties as the Mayor or the Council may from time to time prescribe.
D. 
Administrator to be executive assistant and purchasing agent. The City Administrator shall be the executive assistant to the Mayor and the purchasing agent for the City.
A. 
Selection; alternate. The Auditor of Accounts shall be chosen by the City Council in accordance with Section 3.6 of the Charter. The Council may appoint an Alternate Auditor of Accounts, subject to the provisions of this chapter, who shall be available to perform the duties of the City Auditor in his absence.
[Amended 4-18-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Expiration of term. The Auditor of Accounts shall hold office until the third Monday in January and until his successor shall be qualified.
C. 
Knowledge of bookkeeping required. The Auditor of Accounts shall possess a practical knowledge of bookkeeping.
D. 
Vacancy to be filled. When for any cause the office of Auditor of Accounts shall become vacant, the Council shall, at the next meeting thereafter, elect his successor by a roll-call vote as provided by the Charter for the election of an Auditor.
E. 
Bond; sureties. The Auditor of Accounts shall be sworn to the faithful performance of the duties of his office and give bond in such sum as the Council may prescribe, with sureties to be approved by the Council for the faithful performance of his duties and the delivery to his successor, or to the Treasurer, of all books, accounts, papers and other documents and other property which shall belong to such office.
F. 
Closing annual accounts. In the discharge of the Auditor's duties and after the expiration of the term of office of the Council by which he was elected, he shall have the assistance of the City Council Finance Committee, which is hereby instructed to render its assistance in the approval and payment of all bills which have been incurred by authority of the Council, including all salaries, the school bills for the completion of the school year, which bills shall have the approval of the outgoing School Committee, and all notes and bonds of the City paid by the City prior to the third Monday in July, but not including the bills for the current expenses of the City, such as road bills, the support of the poor, etc., incurred later than the last day in June of each year, which has been named as the close of the financial year, in § 1-2 of this Code, nor to include any bills incurred by reason of the action of the newly elected City government.
G. 
Maintain books; notify Council of depletion of appropriations. The Auditor of Accounts shall keep, in a neat methodical style and manner, a complete set of books under the direction of the City Council Finance Committee, wherein shall be stated among other things the appropriation for each distinct object of expenditure, that whenever the appropriation for any specific object shall have been expended, he shall immediately communicate the same to the Council in order that no further expenditure shall be made, except by an additional appropriation or by transfer of an unexpended balance from some other appropriation.
H. 
Render assistance to committees. The Auditor of Accounts shall assist the City Council Finance Committee in the settlement of the financial affairs of the City and render such other service as the Finance Committee may from time to time require.
I. 
Procedure for advancing money on contracts; Auditor's responsibility. In all cases where it is necessary to advance money on contracts for work begun but not completed, the Mayor may, upon being satisfied of such necessity, draw upon the Treasurer for the amount to be advanced, which draft shall in no case exceed 80% of the work done or material actually delivered under such contract at the time the draft is made. The draft shall be countersigned by the Auditor of Accounts and paid by the Treasurer, and the Auditor shall charge the amount to the proper person and account.
J. 
Duty to examine, receive and record bills and accounts. The Auditor of Accounts shall receive all bills and accounts from persons having demands against the City, examine them in detail, post, have them filed under appropriate heads and enter the same in his books against the specific appropriations for the several departments, and if he shall have any doubts as to the correctness of any bill, he shall not enter the same until approved by the City Council Finance Committee.
K. 
Submission of bills against City to City Council Finance Committee; time of payment.
(1) 
The Auditor of Accounts shall, on or before the 25th of each month, lay before the City Council Finance Committee all bills against the City received by him for its examination and approval, and all bills so examined and approved shall be payable by the Treasurer on and after the first day of the next month thereafter.
(2) 
The specific day of each month on or before which the Auditor shall lay his accounts before the City Council Finance Committee may be changed at the discretion of the City Council Finance Committee.
L. 
Account to be opened, charging Treasurer with bonds, etc. The Auditor of Accounts shall open an account with the Treasurer, charging him in detail with all bonds, notes, mortgages, leases, rents, interest and other sums receivable and, if the Treasurer shall be Collector of Taxes, shall charge him with the whole amount of taxes placed in his hands for collection. If the Collector is a separate officer, the amount to be collected shall be charged to him.
M. 
Annual report; contents. As soon after the third Monday in January as practicable, it shall be the duty of the Auditor to prepare an annual financial report of the City. The financial report shall:
(1) 
Show distinctly and definitely as possible the financial standing of the City.
(2) 
Contain an estimate of the amount of money to be raised for the ensuing year, under the respective heads of appropriation as the Council may direct.
(3) 
Contain a statement of all receipts from each source of income, its revenue from taxes and all sources and an itemized statement of all expenditures, as required by statute under their various heads, and such financial statement as made by him shall have the approval of the City Council Finance Committee.
(4) 
Contain a schedule of all property owned by the City and an exhibit of the liability of the City.
(5) 
As far as practicable conform to the accounts of the Treasurer.
A. 
Duties generally. The City Clerk shall perform all duties prescribed by statute for the government of town clerks that do not conflict with the provisions of the Charter; he shall keep full records of all proceedings of the Council and municipal officers, which records shall be subject to the inspection of the public at reasonable hours; give notice to the chair of all committees appointed by authority; preserve all papers belonging to the City and arrange them in suitable files prepared for that purpose; preserve all City ordinances after final passage in a book kept for that purpose alone; and perform such other duties as the Council may from time to time prescribe.
B. 
Purchasing authority; account of articles bought. The City Clerk shall each year, as soon as the Council is organized, make an estimate of the blank books, stationery and blank forms required by the Mayor, Council and all other departments of the City government for the current municipal year, and with the Auditor shall make a contract with some responsible party to furnish such material; he shall also purchase such other books, stationery and blank forms as the Council may from time to time direct; he shall keep an account of all articles purchased by him, together with the amounts expended therefor, which, together with monies received by him for use of the City, shall be laid before the Council.
The City Electrician shall have charge of the fire alarm system, and of the police alarm system, and of all fixtures and wires and electrical apparatus belonging to each and both of such systems, and, under the direction of the Chief Engineer of the Fire & Rescue Department, shall make or cause to be made all necessary repairs, changes and additions to such systems so that they shall at all times be in good working order.
[Added 9-14-1964]
A. 
Qualifications generally. The City Engineer shall possess knowledge and skills regarding engineering principles.
B. 
Removal. Any appointee to the office of City Engineer may be removed from office by the Mayor, by a written order, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in his order of removal in accordance with the provisions of Section 2.2 of the Charter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Function of office. The function of the office of City Engineer shall be as follows:
(1) 
Make surveys. To make surveys, including levels, prepare plans and profiles, write specifications and perform other related engineering work in connection with streets, sewers and other public structures.
(2) 
Construction of public structures. To make quantity and cost estimates, inspect and approve the construction of public structures and perform other related engineering work for the City not specifically enumerated herein.
(3) 
Record new streets. To record new streets as laid out in the City Street Book and establish lines and grades for building new streets and for regrading old streets.
(4) 
Erection of monuments. To superintend the erection of monuments at the intersection of streets and preserve and reset all street monuments disturbed or liable to be disturbed in grading or building streets.
(5) 
Maintain records. To maintain and safely keep records, instruments, plans, profiles, records of surveys and all other property and papers relating to engineering work of every description belonging to the City and shall deliver the same to his successor in office.
(6) 
Provide services for other departments. To perform engineering services for the Public Services Department and for such other departments of the City as may from time to time require such service.
(7) 
Reports to Mayor and Council. To make periodic reports to the Mayor and Council as to the business of his office.
(8) 
Perform other duties. To perform such other duties as may be prescribed by the Mayor or any applicable state or local laws or ordinances.[1]
[1]
Editor's Note: Original Sec. 2-119, Duties generally (of the City Physician), which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
To be an attorney. The City Solicitor shall be an attorney at law.
B. 
Duties generally.
(1) 
It shall be the duty of the City Solicitor to draft all deeds and other instruments which may be required of him by the Mayor or Council and which are to be drawn at the expense of the City.
(2) 
He shall furnish his opinion on any legal subject relating to City affairs and render professional advice to officers of the City on any matter relating to their duties.
(3) 
It shall be his duty to commence and prosecute all suits at law on behalf of the City and defend all suits at law brought against the City.
[Added 2-21-1977]
A. 
Appointment. The Code Enforcement Officer shall be appointed by the Mayor, subject to the approval of a three-fourths vote of all the members of the Council by a roll-call vote.
B. 
Duties. The Code Enforcement Officer shall perform all the duties and functions of the Building Inspector and Housing Inspector and shall have the authority to conduct inspections of licenses as provided for by this Code and by state laws.
[Amended 6-3-2013; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Added 4-6-1970]
A. 
Appointment. The Director of Public Services shall be appointed by the Mayor, subject to the approval of a three-fourths vote of all the members of the Council by a roll-call vote.
B. 
Duties generally. The Director of Public Services, acting under the instructions and supervision of the Mayor, shall:
(1) 
Plan, direct, supervise and manage all the functions of the City's Public Services Department and its various divisions, including the Sewer, Sanitation and Waste Disposal Divisions, and all its personnel shall be responsible to him in the performance of the respective duties of their employment as employees of the Public Services Department.
(2) 
Supervise the maintenance of all the vehicles, equipment and property of the Public Services Department and its various divisions.
(3) 
Supervise the maintenance of all the operating records of the Department which shall be safely kept as the property of the City.
(4) 
Act as Road Commissioner and perform all his duties as required by state law and the City ordinances, upon being so appointed by the Mayor.
(5) 
Perform such other duties relative to the operation and supervision of the Public Services Department, and its various divisions, as the Mayor or the Council may from time to time prescribe.
(6) 
Prepare and present to the Mayor at his request periodic reports of the activities of the Department, and assist in the preparation of a proposed annual budget for the operation of the Department.
C. 
Removal. Any appointee to the office of Director of Public Services may be removed from office by the Mayor, by a written order, for any cause which he shall in his official discretion deem sufficient, which cause he shall assign in his order of removal in accordance with the provisions of Section 24 of the Charter.
[Added 4-3-1978]
A. 
Appointment; term; removal.
[Amended 12-8-2008]
(1) 
The Director of Finance shall be appointed by the Mayor, with approval by a two-thirds vote of all the members of the City Council, for an initial term of one year and thereafter for successive one-year terms by the Mayor without Council approval. He or she may be removed for good and sufficient cause on complaint of the Mayor, sustained by a two-thirds vote of all of the members of the City Council.
(2) 
Likewise, there may be appointed by the Mayor, subject to the same conditions of approval and removal, a Deputy or an Acting Director of Finance. The Deputy or Acting Director of Finance may also serve as the Deputy or Acting Treasurer and/or the Deputy or Acting Tax Collector, to be appointed by the Mayor but without Council approval. Whenever there shall be a vacancy in the position of Director of Finance, Treasurer or Tax Collector, or whenever by reason of sickness or absence from the City or otherwise any such official shall be unavailable to perform his or her duties, the deputy or acting official is authorized to perform the duties of, and to act for, such official with the same force and effect as if such official had performed such duties or acts.
B. 
Qualifications generally. The Director of Finance shall possess a thorough knowledge of the principles and practices of governmental accounting, budgeting and treasury management and by education and/or experience be capable of performing in a competent and businesslike manner all of the functions of this position.
C. 
Powers and duties. The Director of Finance shall have and possess all of the powers and duties conferred or imposed by state law and local ordinance upon treasurers and collectors of taxes, including, but not by way of limitation, the following:
(1) 
Taxes, fees, allotments from other governments. The Director of Finance shall collect all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the state or federal government, or from any court, or from any office, department or agency of the City.
(2) 
Tax records. The Director of Finance shall keep a set of books wherein a debit and credit account shall be kept with each and every taxpayer, the amount assessed against each by the Assessor, including the tax upon real estate, personal property, also sewer assessments and all unpaid taxes now held by former collectors against such taxpayer, and all other accounts which may properly be charged against such person or property by the City, also the interest due on such unpaid account, as the Council may from time to time direct, and such charges for notices for nonpayment or expenses for collection as the Council may hereafter determine.
(a) 
Each taxpayer shall also be credited with all payments made and all abatements allowed by proper authority, and the book containing such account shall be accessible to the taxpayers of the City during office hours.
(b) 
A statement of an account established in accordance with the above, when approved by the Auditor, shall form the basis of a claim against any taxpayer on which he may be sued or on which collection may be enforced by any legal means open for the collection of debts.
(3) 
Rents, deeds, leases; fines and penalties for same. It shall be the duty of the Director of Finance to collect and receive all rents due the City and, under the direction of the Mayor, to seal and execute all deeds and leases of City land and buildings.
(a) 
He or she shall receive all fines and penalties accruing to the City and account for the same.
(b) 
He or she shall proceed without delay to collect all accounts delivered to him or her for collection, and in any case where he or she is unable to get a prompt settlement, he or she shall report the same to the Council and shall then take such further action as it may prescribe.
(4) 
Appropriation records. The Director of Finance shall keep, in a neat and methodical manner, a complete set of books, entering therein, among the other entries, the various appropriations made by the Council, each under its appropriate head, and charge to each the expenditures and payments that from time to time are made therefrom.
(5) 
Settlement of accounts. The Director of Finance shall pay all bills and settle all accounts against the City when properly presented to him or her by the Auditor of Accounts. No other person shall disburse any money on behalf of the City unless under his or her direction and control.
(6) 
Notes, bonds, etc. The Director of Finance shall, under the direction of the Committee on Finance, prepare and issue all notes, bonds and other evidences of indebtedness that may from time to time be authorized by the Council, and he or she is hereby authorized to procure all books and forms that may be necessary to carry this subsection into effect and account for the same.
(7) 
Custody of funds, investments, etc. The Director of Finance shall have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City government, and deposit all funds coming into his or her hands in such depositories as may be designated by resolution of the Council, or, if no such resolution be adopted, as may be designated by the Mayor, subject to the requirements of law as to surety and the payment of interest on deposits. All such interest shall be the property of the City and shall be accounted for and credited to the proper account, and he or she shall have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange.
(8) 
Statements and reports. The Director of Finance shall submit to the Council through the City Council Finance Committee a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City and prepare for the Mayor, as of the end of each fiscal year, a complete financial statement and report.
D. 
Bond required. The Director of Finance shall give bond with sufficient sureties to the satisfaction of the Council for the faithful performance of the duties of his or her office and that he or she will truly account for and pay over all monies that may come into his or her hands, and all other papers, vouchers and other property belonging to the City.
[Added 2-6-1978]
There is hereby established a single Assessor for the City of Westbrook, who shall replace the Board of Assessors and whose powers and duties shall be the same as for the assessor for towns under state law. He or she shall be appointed by the Mayor, with City Council approval, for an initial term of one year and thereafter for successive one-year terms by the Mayor without Council approval. He or she may be removed for good and sufficient cause on complaint of the Mayor, sustained by a two-thirds vote of all of the members of the City Council.
[Added 8-18-2014]
A. 
Appointment of constables; duties. In accordance with the provisions of §§ 68-1 and 68-2 of this chapter and 30-A M.R.S.A. § 2673, the Mayor may appoint, for not more than one year, and fix the compensation of so many constables of the City as the Mayor determines to be necessary or required to serve the needs of the public safety or welfare of the City. Any constable appointed under this section shall not perform any of the functions of a police officer and shall not have any power or authority of arrest.
B. 
Requirements for appointment. Constables shall be of good moral character, and no constable shall be appointed who has been convicted of a Class A, B, C or D crime in the State of Maine or any similar crime in any other state.
C. 
Application.
(1) 
All applicants for the position of constable shall submit to the City Administrator in such form as may be prepared and approved by the City Administrator all pertinent information relative to the applicant's qualifications for the position of constable.
(2) 
All applicants shall be fingerprinted by the Police Department, and the Chief of Police shall submit the fingerprints of each applicant to the appropriate state and federal agencies for classification and criminal records check.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
The Chief of Police shall conduct, or cause to be conducted, such investigation regarding the applicant's qualification as he/she may deem appropriate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4) 
All information relating to each applicant shall be presented to the Mayor, together with a recommendation of the Chief of Police and the City Administrator, and the Mayor shall forward recommendations concerning appointments to the City Council for final approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Oath of office; bond. Upon approval and appointment, every constable shall forthwith qualify for the office by presenting to the Mayor a surety bond in an amount approved by the City Administrator and by taking the required oath of office before the City Clerk, which oath shall be subscribed by the City Clerk, and filed and preserved in City Hall. Any constable who will serve a writ for forcible entry and detainer actions shall comply with the bonding requirements of 14 M.R.S.A. § 703. The constable's certificate of appointment shall indicate that the constable is not allowed to carry any weapon, concealed or unconcealed, in the performance of duties.
E. 
Removal. The Mayor may remove any constable from office for cause, after notice and hearing.
[Added 8-5-1991]
A. 
Appointment; removal. The Director of Parks and Cemeteries shall be appointed by the Mayor, with approval by a majority of all the members of the City Council. He or she may be removed on complaint of the Mayor, sustained by a majority vote of all the members of the City Council.
B. 
Residency required. The Director of Parks and Cemeteries, within a reasonable time of his appointment, shall become an inhabitant of the City and shall maintain his residency within the City as a condition of employment.
C. 
Duties generally. The Director of Parks and Cemeteries, acting under the instructions and supervision of the Mayor, and with the advice of the Board of Cemetery Trustees where appropriate, shall:
(1) 
Plan, direct, and manage all the functions of the City's Parks and Cemeteries Department and supervise all its personnel, who shall be responsible to him in the performance of their respective duties.
(2) 
Supervise the maintenance of City grounds, parklands, and recreational facilities.
(3) 
Direct the maintenance of all the publicly owned or maintained cemeteries and burial grounds within the City; arrange and supervise all interments therein; and account for all monies received from the sale of lots, burial charges, and payments for lot care.
(4) 
Maintain and keep safe records, plans, surveys, and accounts, entering therein, among other entries, the location and ownership of all cemetery lots; the particulars of each interment; the dates and extent of all maintenance and repairs; and statements of all expenditures and payments received.
(5) 
Perform such other duties relative to the operation and supervision of the Parks and Cemeteries Department as the Mayor or the Council may from time to time direct.
(6) 
Prepare and present to the Mayor at his request periodic reports of the activities of the Department, and assist in the preparation of a proposed annual budget for the operation of the Department.