All powers of the Town shall be vested in the Town Council,
except as otherwise provided by law or this Charter, and the Council
shall provide for the exercise thereof and for the performance of
all duties and obligations imposed on the Town by law.
There shall be a Town Council of five (5) members elected by
the voters of the Town at-large. The regular election of the Council
members shall be held on the first Tuesday next after the first Monday
in November every two (2) years beginning in 1994. The terms of the
Council members shall begin on the first Monday following the certification
of their election for two (2) years or until their successors have
been elected and qualified.
Only resident, qualified voters of the Town shall be eligible
to hold the office of Council member.
The Town Council shall at its first meeting elect from among
its members, officers of the Town who shall have the titles of President
and Vice President, each of whom shall serve at the pleasure of the
Council. The President shall preside at meetings of the Council, represent
the Town in intergovernmental relationships, present an annual "State
of the Town Message", and other duties specified by the Council. The
President shall be recognized as head of the Town government for all
ceremonial purposes and by the Governor for purposes of military law
but shall have no administrative duties. The Vice President shall
act as President during the absence or disability of the President
and if a vacancy should occur shall become President at the pleasure
of the Council. The President and Vice President shall have a voice
and vote in the proceedings of the Town Council.
The Town Council may determine the annual salary of the President
and Council members by Ordinance, but no Ordinance increasing such
salary shall become effective until the date of commencement of the
terms of Council members elected at the next regular election. The
President and Council members shall receive their actual and necessary
expenses incurred in the performance of their duties of office.
[Amended 11-4-2008]
The Town Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office.
The Council shall have the power to set additional standards of conduct
for its members beyond those specified in the Charter and may provide
for such penalties as it deems appropriate, including forfeiture of
office. In order to exercise these powers, the Council shall have
power to subpoena witnesses, administer oaths and require the production
of evidence. A member charged with conduct constituting grounds for
forfeiture of office shall be entitled upon request to the following:
2.) A statement of the specific charge or charges setting forth the conduct
that constitutes grounds for the forfeiture of his office;
3.) The right to be represented by an attorney at his/her expense;
4.) An opportunity to present witnesses;
5.) The right to cross examine witnesses;
6.) The right to present evidence.
The notice of the public hearing shall be published in one (1)
or more newspapers of general circulation in the Town at least one
(1) week in advance of the public hearing.
If the charges of conduct constituting grounds for forfeiture
of office shall be upheld by the Council, the member charged shall
not participate in Council matters during the time the matter is under
judicial review. Decisions made by the Council under this section
shall be subject to judicial review.
The Town Council may make investigations into the affairs of
the Town and the conduct of any Town department, office, commission,
board, or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Failure
or refusal to obey a lawful order issued in the exercise of these
powers by the Council shall be a misdemeanor.
[Amended 11-4-2008; 11-4-2014]
The Town Council shall provide for an independent annual audit
of all Town accounts and may provide for more frequent audits as it
deems necessary. Such audits shall be made by a certified public accountant
or firm or such accountants who have no personal interest, direct
or indirect, in the fiscal affairs of the Town government or any of
its officers. The Council shall require competitive bids and designate
such accountant or firm annually, but the designation for any particular
fiscal year shall be made no later than 30 (thirty) days prior to
the subsequent fiscal year. If the State makes such an audit, the
Council may accept it as satisfying the requirements of this section.
[Amended 11-4-2008]
In addition to other acts required by law or by specific provision
of this Charter to be done by Ordinance, those acts of the Town Council
shall be by Ordinance which:
(1) Adopt or amend an administrative code or establish, alter, or abolish
any Town department, office, board, commission or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(3) Regulate the rate charge for its services by a public utility;
(4) Authorize the borrowing of money;
(5) Convey or lease or authorize the conveyance or lease of any real
estate of the Town;
(6) Regulate land use and development, and adopt or amend a zoning Ordinance;
(7) Enact, and amend, a personnel system in conformity with the provisions
of this Charter;
(8) Amend or repeal any Ordinance previously adopted; and
(9) Adopt with or without amendment Ordinances proposed under the initiative
provisions of this Charter.
Acts other than those referred to in the preceding sentence
may be done either by Ordinance or by Resolution.
To meet a public emergency affecting life, health, property
or the public peace, the Town Council may adopt one (1) or more Emergency
Ordinances, but such Ordinances may not levy taxes, grant, renew or
extend a franchise, regulate the rate charged by any public utility
for its services or authorize the borrowing of money except as provided
in § C-5.09(b). An Emergency Ordinance shall be introduced
in the form and manner prescribed for Ordinances generally, except
that it shall be plainly designated as an Emergency Ordinance and
shall contain, after the enacting clause, a declaration stating that
an emergency exists and describing it in clear and specific terms.
An Emergency Ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of at least three (3) members shall be required for adoption.
After its adoption the Ordinance shall be published and printed as
prescribed for other adopted Ordinances. It shall become effective
upon adoption or at such later time as it may specify. Every Emergency
Ordinance except one made pursuant to 5.09(b) shall automatically
stand repealed as of the 61st (sixty-first) day following the date
on which it was adopted, but this shall not prevent re-enactment 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.