[Amended 9-14-2020 by Order No. 2020-104]
The legislative powers of the City shall be vested in the City
Council which shall consist of seven members, one member elected by
the legal voters from each of the five wards of the City plus two
at large members elected by the legal voters of the entire City. The
seven City Councilors shall constitute the Municipal Officers of the
City of Westbrook.
The City Council shall have power to make and establish ordinances
and bylaws for the management of its fiscal, prudential and municipal
affairs, as herein and by general law provided, without the sanction
of any court or justice thereof; provided, however, that all bylaws,
ordinances and regulations now in force in the City of Westbrook shall,
until they expire by limitation, or be revised or repealed by the
City Council, remain in force.
The City Council shall, so far as not inconsistent with this
Charter, have and exercise all the legislative powers of municipalities,
and have all the powers and be subject to all the liabilities of Municipal
Officers, under the general laws of this state, including the powers
given to the inhabitants of municipalities and to the Municipal Officers
relating to borrowing of any kind.
The City Council shall not authorize the erection of a school
building, or of any addition thereto, nor pass any appropriation for
such purpose until plans for same have been approved by vote of the
School Committee, and such approval has been certified in writing
to the City Council by the Chair of said Committee.
The following ordinances, orders and resolutions shall require
the affirmative votes of a majority of all the members of the City
Council for their final passage, which shall be by a roll call vote:
(1)
The appropriation or expenditure of money which exceeds five thousand
dollars ($5,000.00),
(2)
The laying of an assessment,
(3)
The borrowing of money, or
(4)
The granting to any person or corporation any right in, over, or
under any street or other public ground of the City.
Every such ordinance, order or resolution shall be read twice,
with an interval of at least seventy-two (72) hours between the first
and second readings, before it is in order for final passage; but
if such a matter is amended after its first reading, it shall be tabled
for a period of at least seventy-two (72) hours before it may be voted
upon for final passage.
All other ordinances, orders or resolutions shall require a
single reading and require the affirmative votes of a majority of
all of the members for passage.
No sum appropriated for a specific purpose shall be expended
for any other purpose, and no expenditure shall be made nor liability
incurred by or in behalf of the city, until an appropriation has been
duly voted by the City Council sufficient to meet such expenditure
or liability, together with all the prior unpaid liabilities which
are payable out of such appropriation; provided, however, that after
the expiration of the financial year, and until the passage of the
regular annual appropriations liabilities payable out of a regular
appropriation to be contained therein may be incurred to an amount
not exceeding one-third (1/3) of the total of such appropriation for
the preceding year.
The City Council shall establish by ordinance the regular salaries
or remuneration of the Mayor and members of the City Council, but
any ordinance changing such salary or remuneration shall not take
effect until the municipal year succeeding the term for which the
Mayor and Council were elected.
As described herein the City Council shall be led by a President
who shall be elected by majority vote by the members of the City Council
and shall preside over meetings of the City Council. The President
may appoint another Council member to serve as Vice President to preside
over City Council meetings in the President's absence. The appointment
of a Vice President shall be affirmed by a majority vote of all of
the members of the City Council. In case of the absence of the President
or Vice President, the City Council shall choose a President, pro
tempore, by a majority of those members present and voting. In case
of a vacancy in the office of President of the City Council, by death,
resignation or otherwise, the same shall be filled for the unexpired
term by a majority vote of those members present voting by roll call.
The Council President shall have the authority to organize the
Council into various committees for the purpose of consideration of
ordinances, resolutions or other matters, however, final passage of
any matter shall be by the City Council acting as a whole as described
above.
Whenever there shall be a vacancy in the office of Mayor, and
whenever by reason of sickness, or absence from the City, or other
cause, the Mayor shall be disabled from performing the duties of the
office, the President of the City Council shall act as Mayor and possess
all the rights and powers of Mayor during such vacancy or disability,
except that when so acting as Mayor, the President of the City Council
shall not have the power of appointment or removal unless thereto
in any instance authorized by vote of the City Council.
The City Council shall hold a regular meeting at least monthly.
The agenda for the regular meeting shall be determined by the City
Council President. The City Council shall by ordinance or order determine
the time of holding its stated or regular meetings, and may also,
in like manner, determine the manner of calling special meetings of
its members in addition to those which may be called by the Mayor.
The Mayor may at any time call a special meeting of the City
Council by causing written notification thereof, together with a statement
of the subject of the meeting, to be left at the usual place of residence
of each member of the City Council, at least twenty-four (24) hours
before the time appointed for such meeting.
A majority of all the members of the City Council shall constitute
a quorum, but a smaller number may adjourn from time to time. At least
twenty-four (24) hours notice of the time and place of holding such
adjourned meeting shall be given to all members who were not present
at the meeting from which adjournment was taken.
The City Council shall determine the rules of its own proceedings,
and be judge of the election returns and qualifications of its own
members.
The City Council shall, as soon as may be after its organization
in each year, choose an Auditor of Accounts, who shall hold office
for the term of one (1) year, and until a successor is chosen and
qualified. A majority of the votes of all the members of the City
Council, taken by roll call, shall be necessary for the choice of
such auditor; and the auditor may be removed by an affirmative vote
of a majority of all the City Council taken by roll call.
No member of the City Council shall hold any other office in
or under the City government, have the expenditures of any money appropriated
by the City Council, or act as counsel in any matter before the City
Council or any Committee thereof; and no person shall be eligible
for appointment to any municipal office established by the City Council
during any municipal year within which he was a member thereof, until
the expiration of the succeeding municipal year.
All taxes shall be assessed, apportioned and collected in the
manner prescribed by the laws of this state relative to municipal
taxes; but the City Council may establish further or additional provisions
for the collection thereof.
The City Council shall establish a fire department for said
City, to consist of such officers and personnel as it may prescribe;
and it may make regulations for the government of such Department.
The City Council shall establish a police department for said
City, to consist of such officers and personnel as it may prescribe,
and shall make regulations for the government of such department.
The City Council, subject to the established powers of the Mayor,
may institute a system of pensions for all municipal employees, including
any benefits to be paid if such employee shall die or become disabled
while in the performance of his duties. Nothing herein shall be construed
to decrease existing benefits to municipal employees.
