[HISTORY: Adopted by the City Council of the City of Biddeford 1-4-2024 by 2023.161.[1] Amendments noted where applicable.]
GENERAL REFERENCES
City Council — See Charter, Art. III.
City Council — See Ch. 2, Art. II.
[1]
Editor's Note: This ordinance also superseded former Appendix A, Rules of City Council, adopted and amended Ord. of 1-2-1979(15); Ord. 1-4-1994; Ord. of 4-4-1995; Ord. of 11-6-1996; Ord. of 7-21-1998(5); Ord. of 1-5-1999; Ord. of 2-2-1999; Ord. No. 99.87, 9-21-1999; Ord. No. 99.112, 12-13-1999; Ord. No. 2000.112, 10-3-2000; Ord. No. 2000.122, 10-17-2000; Ord. No. 2001.119, 12-18-2001; Ord. No. 2002.136, 12-17-2002; Ord. No. 2003.12, 2-4-2003; Ord. No. 2003.123, 12-3-2003; Ord. No. 2003.130, 12-16-2003; Ord. No. 2006.11, 2-7-2006; 11-4-2010 by Ord. No. 2010.118; 5-3-2011 by Ord. No. 2011.31; 12-7-2011 by Ord. No. 2011.81; 9-4-2012; 2-4-2014 by Ord. No. 2014.10; 6-3-2014 by Ord. No. 2014.42; 8-19-2014 by Ord. No. 2014.79; 1-5-2016 by Ord. No. 2016.2; 9-20-2016 by Ord. No. 2016.85; 1-17-2017 by Ord. No. 2017.8; 3-21-2017 by Ord. No. 2017.27; 12-12-2017 by Ord. No. 2017.130; 10-2-2018 by Ord. No. 2018.120; 12-21-2021 by Ord. No. 2021.124.
[Amended 11-19-2024 by Ord. No. 2024.190; 1-20-2026 by Ord. No. 2026.15]
a. 
The Mayor shall take the chair at the hour appointed for the meeting, or as soon thereafter as is convenient, call the members to order, and after the appearance of a quorum, cause the minutes of the preceding meeting to be read. In the absence of the Mayor, the President of the City Council shall be the presiding officer, but in case of the absence of both the Mayor and the President at such time, the Clerk of the Council shall preside until a President Pro Tempore for said meeting is chosen.
b. 
The Mayor shall receive and submit to vote all motions and propositions regularly moved, shall put the question, and shall declare all votes; but if any Councilor doubts the vote, all those voting in the affirmative, when called upon by the Mayor, shall raise their hand until they are counted, and also those in the negative, in like manner, to make the vote certain.
c. 
The Mayor shall restrain the members when engaged in debate, within the rules of order, and shall enforce, on all occasions, the observance of order and decorum among the members.
d. 
The Mayor shall decide all questions of order subject to an appeal to the Council by motion properly seconded.
e. 
The Mayor may speak to points of order in preference to the members.
f. 
When the Mayor desires to express his opinions on any subject, the Mayor shall yield the chair to the President of the Council, if present, or any other member.
g. 
The Mayor shall appoint all standing and special committees of the City Council and the Chairs thereof, except the Chair of the Finance Committee, which shall be chaired by the Council President, and all such mayoral appointments shall receive confirmation by the City Council.
h. 
Upon the Chair's inability to maintain order and in the event that either a Councilor or a member(s) of the public fail to comply with any of the rules or other rules as adopted by the Council regarding decorum and order, the Chair shall immediately recess the Council. If upon resumption of the meeting order and decorum are unable to be maintained, the Chair shall call for the immediate adjournment of the meeting and conduct no further business.
i. 
The Mayor shall call regular meetings of the City Council to order at 6:00 p.m. on the first and third Tuesdays of each month, and regular meetings shall adjourn by 9:00 p.m. unless a majority of the Councilors present and voting, agree to extend the meeting for an additional hour to continue to 10:00 p.m. Beginning at 10:00 p.m., any motion to extend the meeting for one-hour increments shall require a two-thirds vote of the members present and voting. No extension past midnight shall be permitted unless all Councilors present vote unanimously to allow the meeting to continue beyond 12:00 a.m. All regular and special meetings of the Council, including, but not limited to, Council workshops and public hearings, will be held in the Council chambers, unless a majority of the Councilors agree to a different location.
j. 
When, as required by law, the City Council must act as municipal officers, they shall do so during a Council meeting. At each regular Council meeting there shall be two periods of the "public addressing the Council" for a total of up to 30 minutes, when the residents of Biddeford shall be afforded an opportunity to address the City Council on any item of City business which is not before the Council as an order of the day on the Council agenda, over which the Council has direct control, not to exceed three minutes per speaker during the first such period and five minutes per speaker during the second period. The first such period shall take place near the beginning of the meeting for up to 15 minutes, and the second period towards the end of such meeting for 15 minutes plus any unused portion of time from the beginning of the same meeting. The same person may not speak more than once in any evening without the majority vote of the Council.
k. 
At the beginning of the first regular Council meeting of each month, the Council Agenda shall include an item titled “Employee Recognition.” The Agenda item shall include a listing of newly hired full-time employees along with assigned department and include a brief background and job experience; a listing of recently retired full-time employees along with assigned department and job title; and recognition of employee longevity steps in five-year increments beginning at 10 years of service. Additionally, recognition shall be given to any City employee who receives a commendation or other award issued by a City department, or other state or federal entity. Whenever practical, the employee’s photo shall be displayed on the Council Chamber monitors as the presiding officer reads the recognition. This item shall be placed immediately before Public Addressing the Council section.
[Amended 1-6-2026 by Ord. No. 2025.168]
a. 
At all meetings of the City Council, each member shall occupy the seat assigned to him or her by the Mayor at the first meeting of said Council.
b. 
Unless excused, every member shall take notice of the day and hour to which the Council stands adjourned and shall give his or her punctual attendance accordingly; and shall attend all special meetings properly called.
c. 
Every member, when about to speak, shall raise his or her hand and upon recognition by the presiding officer shall respectfully address the presiding officer, confine himself or herself to the question under debate, and avoid personalities. No member will be allowed to speak while out of his or her place. Debate must be confined to the merits of the pending question. Members must maintain a courteous tone, especially in reference to any divergence of opinion and shall avoid injecting any personal note into the debate. Members must never attack or make any allusion to the motives of members.
d. 
Members speaking shall not be interrupted by another, but by call to order; if any member in speaking or otherwise shall transgress the rules of the Council, the presiding officer shall, or any member may, call him or her to order; in which case the member so called to order shall immediately stop speaking unless permitted to explain; and the Council if appealed to, shall decide whether the member is in fact transgressing the rules or otherwise out of order, but without debate. If the decision is in favor of the member so called to order, that member shall be at liberty to proceed; if otherwise, he shall not speak again on the pending item without approval of the Council.
e. 
Each member has the right to speak twice on the same motion on the same meeting, but cannot make a second speech on the same question as long as any member who has not spoken on that question desires the floor. No motion to move the question shall take place until each member has had an opportunity to speak once. A member who has spoken twice on a motion on the same meeting has exhausted his or her right to debate that motion for that meeting unless he or she obtains approval of the Council to speak on the same motion again. However, questions generated by discussing Council business or motions may be asked without limit.
f. 
Every member who shall be present when a question is put shall give his or her vote, unless the Council shall excuse that member.
g. 
No member shall be permitted to vote on any question in the City Council, nor in committee, whose private right, distinct from public interest, is immediately involved.
h. 
When any member shall be guilty of a breach of any of the rules and orders of the Council and the Council has determined that member has so transgressed, that member shall not be allowed to vote or speak, unless by way of explanation for the same, until that member has recognized his or her transgression before the presiding officer and the Council and immediately ceases the breach. Any member who continues to breach any rule or order of the Council after the Council has determined said breach shall be subject to censorship by vote of the Council, and shall not be recognized in any further action.
i. 
(Reserved)
j. 
No member shall be permitted to vote on any question in the City Council, nor in committee, when that member is a member of any organization or entity which has an interest separate and distinct from the public interest and in opposition to the interest of the inhabitants of the City of Biddeford. In any circumstance when a member refuses to abstain from participating in any vote, when that member has a private right or a right separate and distinct from the public interest, the Council shall decide the qualification of that member to participate on that issue.
k. 
The members of the Council shall refrain from interference with the daily administration of City business.
l. 
No member shall begin to discuss a matter when no motion is pending, unless the Chair authorizes a particular subject to be discussed while no motion is pending.
m. 
Any member may place an item(s) on a City Council agenda with the concurrence of at least one other member, with said item(s) being submitted in writing to the City Clerk. The submitted item(s) shall be placed on a City Council agenda within 30 days. The final agenda will be reviewed and approved by the Mayor and Council President.
n. 
The agenda for regular meetings of the City Council shall be prepared and publicly posted by 4:00 p.m. six days preceding the meeting.
o. 
Each member, when sending an email correspondence from the City email system, shall include the following disclaimer:
NOTICE: Under Maine's Freedom of Access (Right to Know) Law, documents, including emails, in the possession of public officials about City business are classified as public records. This means if anyone asks to see them, we are required to provide them. There are very few exceptions. We welcome citizens' comments and want to hear from our constituents, but please keep in mind that what you write in an email is not private and could show up in the media.
p. 
Members are not permitted to use any mobile device for making phone calls, text messaging, emailing or other outside communication while meetings are in progress, unless for emergency purposes.
[Amended 1-6-2026 by Ord. No. 2025.168]
a. 
In all votes, when the City Council expresses anything by way of command, the form of expression shall be "Ordered" and when it expresses opinions, principles, facts or propositions, the form shall be "Resolved."
b. 
All memorials and other papers addressed to the Council shall be presented by the presiding officer, who shall explain the subject thereof, and they shall be taken up in the order in which they were presented, unless the Council shall otherwise direct.
c. 
After a motion is stated or read by the presiding officer, it shall be deemed to be in possession of the Council, and shall be disposed of by vote of the Council unless the mover, with consent of the party seconding, withdraws it before a decision or amendment.
d. 
Every motion shall be reduced to writing if the presiding officer shall so direct or any member request it.
e. 
All questions shall be propounded in the order in which they are moved, unless the subsequent motion be previous in its nature, except that in naming sums and fixing times, the largest sum and the longest time shall be first put.
f. 
When a question is under debate no motion shall be received but:
First
To adjourn
Second
To lay on the table
Third
For the previous question
Fourth
To commit
Fifth
To postpone to a day or event certain
Sixth
To amend
Seventh
To postpone indefinitely
Which several motions shall have precedence in the order in which they are arranged.
g. 
No motion to postpone or commit shall be allowed twice on the same day in the same stage of the ordinance or proposition.
h. 
A motion to previous question shall only take effect when approved by a majority of the Council; and until it is decided, shall preclude all amendments and further debate of the main question.
i. 
A motion for reconsideration of a vote shall be open to debate, and only by a member voting with the majority; and only one motion for the reconsideration of any vote shall be permitted.
j. 
No motion or proposition on a subject different from that under discussion shall be admitted under color of an amendment.
k. 
The divisions of a question may be called for when the sense will admit it.
l. 
All orders, resolves and reports may be committed or recommitted at the pleasure of the Council.
m. 
When the reading of a paper is called for which has been before read to the Council, and the same is objected to by any member, the question of reading shall be determined by a vote of the Council.
n. 
When two or more members happen to request to be recognized at the same time, the presiding officer shall name the member who is to speak first.
o. 
The yes and no votes shall be taken on any question, upon the request of any member present.
p. 
Any public comment on any Council order, resolve or ordinance, when allowed by state law or the Council shall not exceed three minutes per individual speaker. Such persons shall be permitted to speak only once on an item and shall confine their remarks to the merits of the order, resolve, amendment or ordinance before the Council.
q. 
Procedure for addressing the Council on agenda items or during the municipal officers meeting:
(1) 
No public comment shall be permitted on the following agenda items: personnel matters, informational reports or communications from boards and commissions, staff or other organizations or entities; appointments and administrative action implementing prior action to the Council where that prior action had permitted public comment.
(2) 
On items other than those set forth in Subsection q(1) above, public comment shall be permitted prior to final Council action. Except as specifically decided by the Council, such public comment shall occur at the advertised public hearing and/or at the first and second reading of such item if such item requires two readings. The public also may address the Council on proposed amendments at either the first or second reading.
(3) 
Persons wishing to address the Council on an item which appears on the agenda, and upon which public comment is permitted under Subsection q(1) and (2) above, shall wait until the presiding officer announces the consideration of such item, at which time they may address the Council on that particular item. Any presentation on an issue or introductory information regarding the issue shall be presented prior to the public requesting or receiving an opportunity to address the Council. Once the Council has begun its deliberations on an item, no person shall be permitted to address the Council on such item. This subsection does not pertain to City staff or members of the public who may be called upon by the Chair or a member to give clarification on an issue under consideration by the Council.
(4) 
Any person wishing to address the Council shall signify such desire by raising his or her hand and, when recognized by the presiding officer, such person shall thereupon request permission to address the Council, shall sign in giving his or her name and physical address and designating the subject matter to the Chair. A dialogue between the person addressing the Council and the Mayor or the Councilors shall be allowed at the sole discretion of the Chair.
(5) 
Persons present at Council meetings or at a municipal officers meeting shall not interrupt, nor applaud or otherwise express approval or disapproval of any statements made or actions taken at such meeting.
(6) 
The presiding officer may limit or cut off any commentary that he or she determines is not germane or that is discourteous, slanderous, abusive, or not in accord with good order and decorum. This will be prompted by a call to order by any member when appropriate.
(7) 
No public comment shall be allowed on matters related to ongoing or threatened litigation involving the City, its elected officials and/or employees. A person who shall continue to violate these rules, after warning by the presiding officer, shall be ejected. The Council may, at its discretion, suspend or prohibit a person from addressing the Council or the municipal officers.
[Amended 3-19-2024 by Ord. No. 2024.31; 1-6-2026 by Ord. No. 2025.168]
a. 
All orders and resolutions imposing a penalty or authorizing the appropriation of money shall have more than one reading before they shall be finally passed by the Council.
b. 
No ordinance, order or resolution imposing a penalty or authorizing the appropriation of money shall have more than one reading on the same day, except as allowed under Article III, Section 8, of the Charter of the City of Biddeford.
c. 
Every new ordinance or amendment to an ordinance shall be read and voted on two separate days in accordance with Article III, Section 8, of the Charter of the City of Biddeford. Article III, Section 8, shall govern the passage of ordinances.
d. 
In addition to the requirement above, approval of any joint development agreement (JDA), master development agreement (MDA), or amendment thereof; any credit enhancement agreement or tax increment financing (TIF) agreement; any sale, purchase, or swap involving City-owned land; any use or authorization of eminent domain; and any contract entered into by the City with a private entity for a period greater than 10 years, including contracts with automatic renewals, extensions, or optional renewal terms that could extend the total possible duration greater than 10 years, shall require a two-thirds vote of the City Council. These approvals and agreements shall also require readings on two separate days unless waived by a two-thirds vote of the City Council.
[Amended 11-19-2024 by Ord. No. 2024.190; 1-6-2026 by Ord. No. 2025.168]
a. 
The following shall be the standing committees of the City Council: Personnel; Capital Projects/Operations; Policy; Finance; and Traffic Committee.
b. 
(Reserved)
c. 
The Capital Projects/Operations and Policy Committees shall consist of a Chairperson who shall be a City Councilor; two additional Council members; and three citizens. The three citizen members shall be appointed by the Mayor and confirmed by the Council. One citizen member shall serve as an associate member. The associate member shall vote only in the absence of any regular member of the Committee. A quorum of the Committee shall be three members. The Chairperson shall be appointed by the Mayor.
d. 
The Personnel Committee shall consist of a Chairperson who shall be a City Councilor and three additional Council members. There shall be no citizen members on the Personnel Committee. The Chairperson shall be appointed by the Mayor.
e. 
The Traffic Committee shall consist of a Chairperson who shall be a City Councilor, two additional Council members, and three citizens. The three citizen members shall be appointed by the Mayor and confirmed by the Council. One citizen member shall serve as an associate member. The associate member shall vote only in the absence of any regular member of the Committee. A quorum of the Committee shall be three members. There shall also be one non-voting student member appointed by the Mayor and confirmed by the Council. The Chairperson shall be appointed by the Mayor.
f. 
(Reserved)
g. 
The Council committees are subagents of the full Council which is the sole governing body of the City of Biddeford. The committees are delegated various functions by the full Council and are to provide recommendations upon which the full Council will act except where otherwise specified. The committees will examine the appropriate subject matter before them, collect the facts pertaining thereto and make a report, which will recommend what action, if any, should be taken by the full Council. Additionally, each committee may take whatever action is specifically authorized by the Charter, ordinance, or state law. The City Council shall receive regular reports of the various Council committees' activities. Such reports shall be scheduled at such times and at such meetings as may be determined by the Mayor and the Council President.
h. 
In general, the committees shall have the following subject matter before them:
(1) 
Finance Committee. The duties of the Finance Committee are set forth in the City Charter and Code of Ordinances.
(2) 
Personnel Committee. The Personnel Committee shall be responsible for and review all matters pertaining to employment with the City of Biddeford. It shall review the salaries of department heads and the City Manager. In the event of a termination hearing, for cause, it shall serve as a fair hearing authority before whom an impartial hearing shall take place involving the subject municipal employee. Its responsibilities shall specifically include but are not limited to include the following:
(a) 
Reviewing the salaries of department heads and the City Manager.
(b) 
Reviewing workforce data, including employee turnover, vacancy trends, exit-interview summaries, and patterns in employee concerns or workplace issues to identify organizational needs and recommend policy improvements.
(c) 
Participating in hiring and separation processes:
[1] 
Participating on interview panels for candidates for employment, through one or more members of the Personnel Committee, when requested by the City Manager, consistent with applicable laws and established hiring and personnel procedures.
[2] 
Participating in exit interviews, through one or more members of the Personnel Committee, when requested by a Committee member, consistent with applicable laws and established hiring and personnel procedures.
(d) 
Reviewing proposals for new positions, reclassifications, and significant organizational structure changes to assess policy, workforce, and fiscal implications. Job descriptions for newly, created or substantially revised positions may also be reviewed to inform the scope and intent of the role.
(e) 
Reviewing all employment agreements involving department heads or the City Manager and providing a recommendation to the City Council.
(f) 
Reviewing, in executive session, separation agreements involving municipal employees for general awareness and understanding associated fiscal impacts. Such review shall not imply approval authority or involvement in personnel decision-making and shall be conducted consistent with all applicable confidentiality requirements.
(g) 
Requesting and reviewing reports from the City Manager on recruitment, retention, workplace climate, staffing trends, and other personnel matters to ensure the Committee has the information necessary to fulfill its policy responsibilities.
(h) 
Reviewing and recommending amendments to Chapter 50 of the Code of Ordinances or other personnel-related policies for Council consideration.
(i) 
Serving as a fair hearing authority appellate body in the event of an appeal by a City employee of progressive discipline imposed pursuant to the City of Biddeford Human Resources Policies and Procedures. Also serving as the fair hearing authority appellate body in the event of termination of an employee for cause.
(3) 
Capital Projects and Operations Committee. The Capital Projects and Operations Committee shall establish a five-year plan for implementation of major capital improvements in the City. It shall review matters involving the Public Works Director, Public Works Department and issues related to municipal infrastructure and public property. This committee shall review the City's claims issues, insurance issues, making appropriate recommendations to the full Council when necessary. In addition, the Committee shall review departmental capital requests and recommend to the City Council the capital improvement plan (CIP) projects to be funded annually.
(4) 
Policy Committee. The Policy Committee shall be responsible for establishing and recommending ordinance language, Code revisions (except for changes related to traffic movement and parking), and City policy to the full Council. The Policy Committee shall coordinate with the City Planner and the Code Enforcement Officer regarding the amendment, establishment and/or update of the City's land use ordinances.
(5) 
Traffic Committee. The Traffic Committee shall be responsible for reviewing matters within Chapter 42 of the Code of Ordinances and any proposed amendments thereto. The Committee may review policies and proposals relating to traffic movement, parking regulations, and matters relating to bicycle, pedestrian and vehicular traffic. The Committee may request traffic studies, data reports, or other relevant information from City departments, including but not limited to Public Works and the Police Department, for the purpose of evaluating safety conditions and making informed recommendations to the City Council.
i. 
Each committee meeting is a public proceeding as defined in 1 M.R.S.A. § 402(2). Each committee may hold executive sessions pursuant to the conditions and limitations expressed in 1 M.R.S.A. § 405. Should a committee vote, in public, to proceed into executive session, only those members of the committee shall be present in the executive session.
[Amended 1-6-2026 by Ord. No. 2025.168]
a. 
The rules or orders of the Council shall be observed in all cases unless suspended by a two-thirds vote of the members present, for specific purposes.
b. 
No rules of the Council shall be repealed or amended unless a two-thirds majority of the members of the Council concur therein.
c. 
No orders of the Council shall be repealed or amended unless a majority of the members of the Council occur therein.
d. 
The above rules and orders are hereby adopted and all rules and orders inconsistent with the above are hereby repealed.