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Home My WebLink About1995-07-24 95-340 ORDERCOUNCIL ACTION Date: July 24, 1995 Item No. 95-340 Item/Subject: Order, Proposing Amendment to the Bangor City Charter, Article ISA, Section 4 -- Superintending School Committee -vacancies, Forfeiture of Office Responsible Department: Legal Commentary: TeemauledamAng ammdmemmdes Chola canon the Puzpwesmbe usedmfdcaBt Aa"a deh mifplcoeur wdeSWai^auWn6 School C®minea Uedadm amsea Chmtapmviaim, the Council cast WA s apaialelxiov slmWd avacmc ucrosecmvwhs PriorbtheoeuregulmtyulxM�INeleclivn The PtaPmW Chmmr ahm8amakes dw followinBtlua adjusmunm: 1. Vavac®ry«cma wiWiv s&mwWs primmWe msmel expimnov afelam ofo�ce, dm vacavry she116e GIINm the nem mgWm City elxdon 2 Navecaa, amvsmwetlmvnmm0eprimbthee�City Commd, 9 aspa cq th oaw who dRd fi idled al e. the �t reBWm City ale ctim m, m the Waaaim of the City Council, at a special ekaov m be wlkd fm that pmpvse. 3. NavvmryoxmswiWianiarydryn pnmrm Weaxt regular Chy elaUoq ®dthevaavcyufar apaeidw whvA woWd volvmmallyexpirem Wm time, thcvarmry wW he hdd overavd fdkdm Weux[negulm Chy elauavmma special ekcdon mbecalled by the City Council. Theovaall demes mga1w myevimm In mififi hum meitdatdvuW aspenal eladova moody ova a vacaarymtl dutangolac mMkm rise meddidav, it em 3. above eu am=den Wetdh a maRy cycmu ledwe9 d 6 of a etivb,lal elanm, that preNm xmdd vIX h fillet m Out eleetim sone the nivdy days :wmaDY mp:aeots dm due at wtich vomio&w&Pm+tlmmmum be filM 22A 4 nn.,(/'///ryy)n NFPA , &4w Manager's Comments: This change has been secommemied by the Council's Charter Committee. This item appears on the agenda at this time for purposes of scheduling a public hearing. Should the Council wish to proceed with a public hearing, I would recommend that the hearing be set for the August 9, 1995, Council meeting. Associated Information: Order Legal Approval: EVM. Introduced For Passage _ Ret Reading Page of_ _ Referral X �a 95-340 Aeoppedeo Comwgor Popper July 34. 1995 _ CITY OF BANGOR (TIW @rbtr,. ---Proposing Amendmept to_the Bangor.. City. Charter,... Article II -A, Section 4 -- Superintending School Committee - Vacancies, Forfeiture of Office. By Cup Courwo of W my gBamor: ORDRRRD, THAT WHEREAS, the Bangor City Charter currently requires that a special election be held to fill a vacancy on the Superintending School Committee if such vacancy occurs more than six months prior to the next regular municipal election; and WHEREAS, historically, turn -out at special elections has been quite low; and WEBREAS, the cost of a special election is often not anticipated in the annual City budget; and WBERSAS, the City Council should be provided with flexibility in calling for a special election or holding over the vacancy until the next regular election; and WHEREAS, it is necessary to clarify that aacancy on the Superintending School Committee which occurs within 90 day prior to the next regular city election be held over to either a special election or the next subsequent City election in order to ensure fairness to all individuals who might be interested in seeking a position on the Committee and in recognition of the date on which nominations to the Committee are closed; NOW, THEREFORE, BY THE CITY COOMCIL OF TOB CITY OF BANGOR, be it Ordered that: i The following amendment to Article II -A, Section 4 of the Bangor City Charter be placed an the ballot of the next regular municipal election to be held on November Y, 1995, for approval by the qualified voters of the City of Bangor in accordance with Title 30-A, M.R.S.A. Sections 4104(1) and 2105, 95-340 ARTICLE II -A SUPERINTENDING SCHOOL COMMITTEE SECTION 4 VACANCIES, FORFEITURE OF OFFICE Article II -A, Section 4, of the Bangor City Charter is hereby repealed and replaced with the following: Sec. 4 vacancies. forfeiture of office. (a) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the Superintending School Committee, occurring within six months prior to the normal expiration of the term of office to which the member concerned a last elected, shall be filled at the next regular City election. The School Committee member so elected shall serve a full Council term. - (b) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the Superintending School Committee, occurring more than six months prior to normal expiration of the term of office to which the member concerned as last elected, shall be filled at the next regular City election or, in the discretion of the City Council, at a special election to be called for that purpose. The warrant for such special election shall upon vote of the City Council be issued by a member of the City Council by vote designated for that duty. The School Committee member so elected shall serve out the remaining u expired term of the Committee member whose death, resignation, removal from the City or removal from office created the vacancy. In the event a vacancy to be filled under this subsection (b) shall occur within 90 days prior to the next regular City election, the vacancy shall be held over to be filled at the new: successive regular City election, or in the City Council's discretion at a special election to be called for that purpose. No special election called under this subsection (b) shall be held sooner than 90 days after the date the vacancy concerned occurs. AND RE IT FURTHER ORDERED THAT: pursuant to 30-A, M.R.S.A. Sections 2104(6) and 2105(2), the form of the question to be submitted to the voters shall be as follows: QUESTION (CITY CHARTER AMENDMENT) 'Shall the proposed City Charter amendment summarized below be approved and adopted by the City of Sanger?" 'Summarv: Article II -A, Section 4 of the Sanger City Charter currently requires the City Council to call a special election to fill a vacancy on the Superintending School Committee which occurs more than six months prior to the next regular municipal 95-340 election. The proposed amendment will allow the Council the option of filling such vacancy either at a special election or at the next regular municipal election. The amendment also requires that any vacancies which occur within ninety (90) days of the next regular election be held over to either a special election or the next successive regular election unless such vacancy is for a School Committee term which normally would expire at the next regular election." The City Clerk is hereby directed to take all necessary action consistent with this Order. 95-340 0RBER Title, .' Proposing Amendment to the Bangor In City Council July 24, City Charter Article II -A Section 4 1995 Passed ... .....Ar .....II -A . Section Pup c Hearing 14-95 - Super' t dent C tee (� Vacanc as r f'ce Cl y er ). .... • • • . •t Councilmen