A. 
Creation of departments. The Council may establish Town departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other.
B. 
Direction by Manager. All departments, offices and agencies under the direction and supervision of the Manager shall be administered by an officer appointed by and subject to the direction and supervision of the Manager. With the consent of the Council, the Manager may serve as head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.
A. 
Merit principle. All appointments and promotions of Town officials and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
B. 
Human Resources Director. The Manager or a person appointed by the Manager shall be designated Human Resources Director. The Human Resources Director shall administer the personnel system of the Town.
C. 
Personnel policies. The Human Resources Director shall prepare draft personnel policies in compliance with all applicable state and federal laws. After approval by the Manager, the policies shall be proposed to the Council for adoption. The Council may adopt them with or without amendment.
[Amended 11-3-2020]
D. 
Planning Director. The Manager or a person appointed by the Manager shall be designated as the Planning Director. The Planning Director shall administer the Planning Department for the Town.
[Added 11-3-2020]
There shall be a single Assessor appointed by the Town Manager. The Assessor shall perform all the duties and responsibilities provided for assessors under general law.
[Amended 11-3-2020]
There shall be a Town Attorney, appointed by the Council, who shall serve as chief legal adviser to the Town and all of its departments, except for the Superintending School Committee. In any matter where there may be a conflict between the Town Council and any other Town officer, department, board, agency or commission, the Town Attorney shall represent the Town Council only. The Town Council may appoint or authorize such additional legal counsel as the Town's interest may require.
A. 
Composition. There shall be a Superintending School Committee, sometimes referred to herein as "School Committee," of five members elected by the qualified voters of the Town in accordance with Article VIII.
B. 
Eligibility. Only persons who are qualified to vote in elections in the Town of Bar Harbor and have been registered to vote for one year prior to their election to office shall be eligible to hold the office of School Committee Member. Except where clearly authorized by law, or pursuant to an agreement under the Interlocal Cooperation Act, no School Committee Member shall hold any other Town office or Town employment while serving as a School Committee Member.
C. 
Election and terms. Each member shall be elected for a term of three years, with terms to be staggered such that no more than two Committee members are elected to fill expired terms in any one year.
[Amended 11-3-2020]
D. 
Compensation. Each member of the School Committee shall be paid an annual salary to be set each year in the annual municipal budget for approval at the Annual Town Meeting, with the provision that the Chair shall be paid a sum greater than other members. Each member's salary shall be paid annually in one lump sum on or about the anniversary date of the date that he/she was sworn into office. In the event that a member vacates his/her office as provided in 20-A M.R.S.A. § 2305(4), as amended, his/her salary shall be prorated based on the number of months that member has held office, to the nearest full month.
[Amended 11-3-2020]
E. 
Powers and duties. The School Committee shall:
(1) 
Have all the powers and duties prescribed for Superintending School Committees by the general laws of the State of Maine and as provided by this Charter consistent with said laws, and, notwithstanding § C-25, the power to appoint the Town Attorney or other legal counsel to represent and assist the School Committee in the performance of its duties;
(2) 
Have the authority for and in behalf of the Town of Bar Harbor to sell and lease personal property and to lease real estate under its authority and control for a term of not longer than 15 years including any renewal options; and
(3) 
At least 14 days before the Town Manager is required to submit the budget to the Town Council, the School Committee shall submit its operating budget and capital budget requests to the Town Manager.
F. 
Chair, Vice Chair and Secretary. At the first meeting annually, the School Committee shall elect by majority vote from among its members a Chair, a Vice Chair and a Secretary for the ensuing year. The Chair shall preside at all meetings of the School Committee and shall have a vote as other members of said Committee. The Vice Chair shall act as Chair during the absence or disability of the Chair. The Secretary to the Committee shall perform such duties as are assigned to him/her by this Charter or by the School Committee.
G. 
Procedure.
(1) 
Meetings. The School Committee shall meet at such time and place as the School Committee may prescribe by rule. Special meetings may be held on the call of the Chair, Superintendent of Schools or of any two or more Committee members by causing a notification to be given in hand, sent electronically or left at the usual dwelling place of each Committee member. All meetings shall be public; however, the Committee may recess to a closed or executive session for any purpose permitted by law, provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the Committee except in public meeting.
(2) 
Rules and journal. The Committee shall annually determine its own rules and order of business and shall provide for keeping a record of its proceedings, which shall be kept for public record.
(3) 
Voting.
(a) 
Voting, except on procedural motions, shall be by roll call, and the ayes, nays and abstentions shall be identified and noted in the record. A majority of the Committee shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Committee.
(b) 
Each Committee Member shall vote on all issues and questions presented for vote except when a valid conflict of interest clearly exists. If any Committee Member does abstain from a vote other than because of a recognized conflict of interest, he/she shall be considered to have cast a vote with the majority and the record shall so show.