City of Bangor, ME Article I Rules and Orders

[Adopted as Ch. I, Art. 3]

§ 9-1 Chair's powers and duties.

[Amended 3-8-2021 by Ord. No. 21-100]

The Chair of the City Council shall have the following powers:

A. Call members to order. The Council Chair shall take the Chair at the time appointed for meeting, call the members to order and, if a quorum is present, proceed to business.

B. Preserve order. The Council Chair shall preserve order, speak on points of order in preference to other members and decide all questions of order, subject to an appeal to the Council on motion regularly seconded.

C. Declare all votes. The Council Chair shall declare all votes, but if a vote is doubted, the Chair shall make a return of the members voting for and against the question, without debate, and declare the result.

D. Propound questions in order moved. The Council Chair shall propound all questions in the order in which they were moved, unless the subsequent motion shall be previous in its nature, except that in naming sums or fixing times the largest sum and longest time shall be put first.

E. Appoint committees. The Council Chair shall appoint all committees, except as otherwise indicated in this Code.

F. Name member entitled to speak. The Council Chair shall name the member entitled to speak when more than one member addresses the Chair at the same time.

G. Consider motions to adjourn. The Council Chair shall consider a motion to adjourn as always in order except on immediate repetition.

H. Present petitions. The Council Chair shall present all petitions and other papers addressed to the Council, or cause them to be presented, and they shall lie on the table and be taken up in the order in which they were presented, unless the Council shall otherwise direct.

§ 9-2 Stenographer at informal sessions.

[Amended 2-26-1979]

It shall be the duty of the City Clerk to make all necessary arrangements for the recording of the informal session of the City Council. The requirements of this section may be suspended at any time by majority vote of the Council.

§ 9-3 Precedence of motion.

When a question is under debate, the Chair shall receive no motion except the following, which shall have precedence in the order named:

A. To adjourn.

B. To lay on the table.

C. To postpone to a day certain.

D. To commit.

E. To amend.

F. To postpone indefinitely.

§ 9-4 Motions reduced to writing.

A motion shall not be considered by the Council unless it has been seconded and shall be reduced to writing if the Chair directs or any member of the Council requests it.

§ 9-5 Signing of official documents.

A. Member of Finance Committee to sign warrants. All treasury warrants shall be countersigned by a member of the Finance Committee.

B. Signing of orders, ordinances and resolves. No order, ordinance or resolve shall be accepted and filed in the City Clerk's office unless it has been signed by a member of the Council or City Manager before filing.

[Amended 6-27-1988 by Ord. No. 88-270]

§ 9-6 Motions decided without debate.

The following motions shall be decided without debate:

A. To adjourn.

B. To suspend the rules.

C. To lay on the table.

D. To take from the table.

E. The previous question.

§ 9-7 Reconsideration of motions.

Any motion, once voted on, may be reconsidered in accordance with these rules. When a motion has been once made and carried in the affirmative or negative, any member may move a reconsideration at the same or at a regular or special meeting of the Council held within 10 calendar days of the date the vote on the motion was taken. No more than one motion for the reconsideration of any vote shall be permitted.

§ 9-8 Standing committees.

[Amended 12-11-1989 by Ord. No. 90-04; 6-8-1992 by Ord. No. 92-274; 8-10-1992 by Ord. No. 92-371; 6-10-1996 by Ord. No. 96-265; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 2-25-2002 by Ord. No. 02-105; 1-12-2004 by Ord. No. 04-44; 4-23-2007 by Ord. No. 07-113; 1-26-2009 by Ord. No. 09-045; 3-23-2009 by Ord. No. 09-106]

A. There shall be six standing committees of the City Council, to be known as the:

[Amended 2-8-2010 by Ord. No. 10-063]

(1) Finance Committee.

(2) Government Operations Committee.

(3) Business and Economic Development Committee.

(4) Infrastructure Committee.

(5) Airport Committee.

(6) Personnel Committee.

B. With the exception of the Personnel Committee, each committee shall consist of three to five members appointed by the Council Chair from the City Council membership. The Personnel Committee shall be composed of the Council Chair and five other members appointed by the Council Chair from the City Council membership. Committee members shall be appointed as soon as possible after the annual election of the Council Chair. They shall serve terms of one year each and until their successors are appointed. The Council Chair shall also appoint one member of each committee to serve as its Chair, with the Council Chair to serve as the Chair of the Personnel Committee. Each committee, with the exception of the Personnel Committee, shall meet at least once per month, unless the Chair of the committee deems a meeting unnecessary due to lack of business. The Personnel Committee shall meet as required. A majority of the members appointed to a committee shall constitute a quorum. In the absence of any member of a committee, any member or members of the Council, including the Council Chair, may be designated by the Chair of the Committee to temporarily serve as a member of the committee. Each committee shall perform the following tasks and functions and such other tasks and functions as may be delegated to it by the City Council from time to time.

[Amended 11-9-2009 by Ord. No. 09-322; 11-22-2010 by Ord. No. 11-014; 3-8-2021 by Ord. No. 21-100]

C. Finance Committee. The Finance Committee shall have the following duties:

(1) Review of bids and award of contracts without further action by the City Council, within the limits of this subsection, for the purchase of supplies, equipment and services and the construction of public facilities, including public buildings, roads and sewers. The Committee's authority to award contracts under this subsection shall be limited to those situations where:

(a) The item has previously been authorized in the annual budget;

(b) The amount to be expended under the contract is covered by an existing appropriation;

(c) The term of the contract is for three or less years; and

(d) The total amount to be expended under the terms of the contract does not exceed $100,000.

[Amended 11-9-2009 by Ord. No. 09-322; 2-28-2011 by Ord. No. 11-077]

(2) Review of bids and advisory comment to the City Council on proposed contracts for the purchase of supplies, equipment and services and the construction of public facilities not qualifying for direct award by the Committee pursuant to Subsection C(1) above.

(3) Review of bids and final approval for the issuance of bonds for short-term and long-term borrowings where such borrowings have previously been approved by the City Council.

(4) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: City Council, City Manager, finance, assessing, legal, pensions, insurance, debt service, library, education and county taxes.

(5) Upon recommendation of the City Manager, City Solicitor, City Finance Director, City Tax Collector or City Treasurer, review and approve, without further action by the City Council, the settlement, compromise or payment of City claims and accounts, including claims against the City, subject to the following limitations:

(a) Tax collection accounts, including tax abatements for infirmity or poverty pursuant to 36 M.R.S.A. § 841, Subsection 2, in any amount and charge-offs pursuant to 36 M.R.S.A. § 841, Subsection 3, not exceeding $1,500 per account.

(b) City claims and collection accounts not exceeding $10,000 per account.

(c) Insured claims against the City for property damage or personal injury not exceeding the lesser of $50,000 or the limit of applicable insurance.

(d) Self-insured claims against the City not exceeding $10,000.

(6) Review and recommendation to the Council on resolves appropriating any City funds.

D. Government Operations Committee. The Government Operations Committee shall have the following duties:

(1) Review and advisory comment to the City Council regarding proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: City Clerk, police, fire, health and community services, parks and recreation, harbor, and administrative services.

[Amended 2-13-2012 by Ord. No. 12-069]

(2) Review and advisory comment to the City Council regarding agreements for the rental or lease of land and/or buildings under the control of the departments outlined above in Subsection D(1). The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. In the event the Committee unanimously recommends approval of an agreement for the rental or lease of land and/or buildings, the Council order for approval shall be placed on the consent agenda portion of the City Council agenda.

[Amended 4-12-2010 by Ord. No. 10-111]

(3) Review and advisory comment to the City Council concerning changes and modifications to the City's parking regulations and policies outside of the Downtown Parking Management District.

(4) Review and advisory comment to the City Council concerning matters relating to intergovernmental affairs.

E. Business and Economic Development Committee. The Business and Economic Development Committee shall have the following duties:

(1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: community and economic development, Bass Park, Parking Fund, golf course, planning, code enforcement and Economic Development Fund.

[Amended 2-8-2010 by Ord. No. 10-063; 4-25-2011 by Ord. No. 11-119]

(2) Review and advisory comment to the City Council regarding agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection E(1). The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. In the event the Committee unanimously recommends approval of an agreement for the rental or lease of land and/or buildings, the Council order for approval shall be placed on the consent agenda portion of the City Council agenda.

[Amended 4-12-2010 by Ord. No. 10-111]

(3) Review and advisory comment to the City Council concerning economic development projects requiring final City Council approval.

(4) Review and advisory comment to the City Council concerning other special development or redevelopment projects which require final City Council approval.

(5) Review and advisory comment to the City Council concerning changes and modifications to the City's parking regulations and policies in the Downtown Parking Management District.

(6) Review and approval of user fees at the golf course.

(7) Review and advisory comment to the City Council concerning proposed changes in the City's Comprehensive Plan and Land Development Code.[1]

[Added 4-25-2011 by Ord. No. 11-119[2]]

[1] Editor's Note: See Ch. 165, Land Development.

[2] Editor's Note: This ordinance also redesignated former Subsection E(7) as Subsection E(8).

(8) Review and advisory comment on such other matters involving the departments and divisions listed in Subsection E(1) above as may be referred to the Committee by the Council or the City Manager.

F. Infrastructure Committee. The Infrastructure Committee shall have the following duties:

(1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to the following departments, divisions and special appropriation accounts: engineering, public works, the Sewer Fund, to include user fees and rates, and all matters related to stormwater management and funding.

[Amended 4-25-2011 by Ord. No. 11-119; 2-13-2012 by Ord. No. 12-069]

(2) Review and any comment to the City Council regarding agreements for the rental or lease of land and/or buildings under the control of the departments listed in Subsection F(1). The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. In the event the Committee unanimously recommends approval of an agreement for the rental or lease of land and/or buildings, the Council order for approval shall be placed on the consent agenda portion of the City Council agenda.

[Amended 4-12-2010 by Ord. No. 10-111]

(3) Review and advisory comment regarding capital plans and programs of the Sewer Fund.

(4) [3]Review and approval, in accordance with Chapter 252, Sewers and Drains, § 252-25, of sewer abatements due to lost water, abatements due to water used in end manufactured products and development discounts.

[3] Editor's Note: Former Subsection F(4), regarding the duties concerning the City's Comprehensive Plan and Land Development Code, was repealed 4-25-2011 by Ord. No. 11-119. This ordinance also redesignated former Subsection F(5) through (7) as Subsection F(4) through (6), respectively.

(5) Advisory assistance to the City Council on federal and state legislation and regulatory matters affecting the Sewer Fund.

(6) Review and advisory comment on such other matters involving the departments and divisions listed in Subsection F(1) above as may be referred to the Committee by the Council, the City Engineer or the City Manager.

G. Personnel Committee. The Personnel Committee shall have the following duties and responsibilities:

(1) Review and advisory comment to the City Council regarding applicants for positions on City boards, commissions and committees.

(2) Hear employee grievances as required by the City of Bangor Personnel Rules and Regulations.

H. Airport Committee. The Airport Committee shall have the following duties:

[Added 2-8-2010 by Ord. No. 10-063]

(1) Review and advisory comment to the City Council on proposed Council orders, ordinances, resolves or other items relating to Bangor International Airport.

(2) Review and advisory comment to the City Council regarding final approval of agreements for the rental or lease of land and/or buildings under the control of the airport. The Committee shall not grant options for the sale of land or buildings or finally authorize the sale of such facilities without prior approval of the City Council. In the event the Committee unanimously recommends approval of an agreement for the rental or lease of land and/or buildings, the Council order for approval shall be placed on the consent agenda portion of the City Council agenda.

[Amended 4-12-2010 by Ord. No. 10-111]

(3) Review and advisory comment regarding capital plans and programs of the airport.

(4) Advisory assistance to the City Council on federal and state legislation and regulatory matters affecting the Airport Fund.

(5) Review and advisory comment on such other matters involving the airport as may be referred to the Committee by the Council, the Airport Director, or the City Manager.

§ 9-9 Special committees.

[Amended 3-23-2009 by Ord. No. 09-106]

The City Council may, by order, establish such special committees of the Council as it may find necessary to review and advise the Council on specific issues or areas of municipal operation. The order creating such a committee shall establish its purpose and duties, composition, manner of appointment of committee members, term of existence, the standing committee of jurisdiction, and procedures by which the standing committee of jurisdiction will be kept informed of the work of the committee. Such committees may be composed of any combination of Council members, City staff and representatives of other organizations or the citizenry at large whose expertise may be of use to meeting the purpose of such committee.

§ 9-10 Attendance at meetings.

Every member shall attend all meetings of the Council unless prevented by illness or absence from the City or unless excused by a vote of the Council.

§ 9-11 Voting.

Every member who shall be present in the Council when a question is put shall vote, unless the Council, for special reasons, shall excuse said member.

§ 9-12 Manner of debate.

A. Every member, when about to speak, shall respectfully address the Chair, confine debate to the question under consideration and avoid personalities.

[Amended 9-14-1998 by Ord. No. 98-339]

B. No member shall speak more than once to any question until the other members who have not spoken shall speak, if they desire to, nor more than twice, without first having obtained leave of the Council.

§ 9-13 Interrupting speaker.

No member shall interrupt another while speaking, except to call to order or to correct a mistake if any member, in speaking or otherwise, shall transgress the rules and orders. The Chair shall, or any member may, call to order, and the member so called to order shall immediately be silent, unless permitted to explain, and the Council, if appealed to, shall decide the case.

§ 9-14 Violation of rules and orders.

When any member violates any of the rules and orders, such member may, on motion, be required to make satisfaction and shall not be permitted to speak, except by the way of excuse, until such satisfaction is accepted by the Council.

§ 9-15 Dispensing of rules.

The foregoing rules shall not be dispensed with except by a two-thirds vote of the members of the City Council, nor shall any rule or order be amended or repealed without notice, in writing, at the preceding meeting, nor unless a majority of the Council votes for the amendment or repeal.

§ 9-16 Roberts Rules of Order.

In all cases where the parliamentary proceedings are not herein determined, Roberts Rules of Order shall be taken as authority to decide the course of the proceedings.

§ 9-17 Parliamentarian.

[Added 9-14-1998 by Ord. No. 98-339]

The City Solicitor shall serve as Parliamentarian to the City Council.

§ 9-18 Legislative policy directives.

The City Council may adopt, by Council order, from time to time, legislative policies directed to the City Manager concerning the affairs and operations of City government. Said directives shall be kept in a special file or notebook for such purposes in the office of the City Clerk. The City Clerk shall also distribute copies of all such policies at the time of adoption to all department heads.