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Home My WebLink About1992-04-13 92-205 ORDERk,K)C11 Acton Date 04- 11-92 Item No. 92-205 Item/Subject Directing Public' Hearing on Proposed City Charter Amendment Establishing Position of Elected City Mayor Responsible Department- Commentary: epartmentCommentary: This item has been prepared at the request of Councilor Saldacct. The proposed Order would direct the City Clerk to advertise a public hearing on a proposed City Charter amendment to create the position of an elected City Mayor. A public hearing is required under the municipal charter amendment procedure established by Title 30-A Maine Revised Statutes Section 2104, attached. Following the public hearing, the Council may order the proposed charter amendment to be placed on the ballot at the next regular City election. I have prepared a draft Charter amendment consistent with my understanding of the general intention of Councilor Ealdacci's request. This is in typing and will be available for insertion into the Council's agenda packets on Friday. My draft, however, repreeents only one of a great number of possible forms an elected mayor position might take. Accordingly, substantial further discussion of the proposal should take place prior to final adoption of this Order. The Council need not refer this item to committee, but may act n it directly. However, a referral would allow further discussion and revision of the proposed Charter amendment prl pay 1 hearing on the proposal. olI _ Deprnnene Hevd Manager i Comments: Cirym mye. Associated Informatiom0 / - Budget Approval: linvnve nirc,mr Lepel Approval Cary Svlieito, Introduced For Passage ED First Heading Page _ of LZ Referral 92-205 Assigned to founder ealdacci April 13, 1992 CITY OF BANGOR Directing Public Hearing on Proposed City (TOW G0rDBx, ............ _..... _... _. ...... __.. Charter Amendment Establishing the Position of Elected City Mayor By Me City CuuyeH of dr Ct of Repave; ORDERED, TWYnaccordance with 30-A M.R.S.A. 5 2109, the City Clerk is hereby directed to advertise a public hearing on the Proposed City Charter Amendment attached, said hearing to be conducted within ten (10) days from the date of final passage of this Order. Bn City Council April 13,1992 R Moved from referrals to New Pf Business vote to indefinitely postpone Passed vote 5 Yes 3 No 1 Absent voting yes Bragg,Cohen,5awyer, Soucy,5tons voting No Beldeccl,Blanchette,Frankel_ Absent Best C ty Clexk 92-205 0 R D E R Title, Directing Public hearing on proposed ..................................... City CM1error Are, establishing the position of elected Mayor. .... .............................. C.c�uia-uKan. lA r.. A.®paed to Councilman (1) THAT Article II, Section 3 of the Bangor City Charter be repealed in its entirety and replaced with the following: Sec. 3. Mayor. The qualified voters of the City of Bangor shall elect a Mayor at the annual election conducted in accordance with Article IV of this Charter. The Mayor shall be elected from among those sitting Council members who, at the time of the annual election, shall have at least one full year remaining on their elected City Council term. Each voter shall be entitled to cast a single vote for the office of Mayor. If the Mayor so elected shall sign, die, forfeit or be removed from office as a member of the Council, the office of the City Mayor shall be deemed vacant. Such vacancy shall be filled by special election as provided in Section 4 of this Article, o if leas than six months remain before the date of the next regular City election, by appointment of an Acting Mayor, as provided in this Section. At the time of the City's regular annual election, each eligible Council member then sitting shall be deemed a candidate for the office of Mayor, and the names of all eligible Council members shall be placed on the election ballot .for that office, unless the member concerned shall have provided the City Clerk with a notarized statement declining to ran for the office of Mayornot less than 20 days prior to the election date. Such a statement, once made, may not be withdrawn for that election year. The eligible Council member receiving the highest number of votes for the office of Mayor shall be deemed and declared elected to that office. The Mayor shall serve for a term of one year, and shall be recognized as the official head of the City for ceremonial purposes. The Mayor shall have the powers and authority given to and perform the duties required of mayors of cities for all purposes of military law, and shall act as mayor insofar as representation is provided for the City by the Mayor upon any _ public board or commission or otherwise provided by any statute. The Mayor shall be deemed to continue in office as a Mayor for all purposes of military or civil law whenever war, insurrection, or natural disaster shall preventtheregular election of a new Mayor upon expiration of the Mayor's current term. The Mayor shall - preside at all meetings of the City Council, and shall perform such other duties, consistent with the office, as the Council may provide. The Mayor shall be entitled to vote at all meetings of the City Council, and the Mayor's vote shall be counted upon all matters and things as a vote of a member of the City Council. As Chair of the City Council, the Mayormaydecide procedural matters only, whenever the vote of the Council is evenly divided and a simple majority vote is required. The Mayor shall annually appoint the members and designate the chairs of all City Council committees, but the City Council may, by ordinance, prescribe a different method for appointing committee members and chairs. In addition to salary received as a member of the City Council, the Mayor shall receive an annual honorarium or compensation as determined by the City Council; but any increase or reduction in the amount of suchhonorariumor compensation shall not apply to a Mayor then holding office or to a Mayor previously elected to serve a future term. In the temporary absence or disability of the Mayor, the City Council may, by majority vote, elect an Acting Mayor from among its number, and such Acting Mayor shall exercise all powers of the Mayor under this Charter. If the Mayor shall fail from sickness, disability, absence from the City or other cause to attend and perform the duties incumbent On the Mayor, the remaining members of the City Council may, by unanimous vote, after notice and hearing, terminate the office of such Mayor and declare the office of Mayor to be vacant. Such vacancy shall be filled as provided in Section 4 of this Article, r by election of an Acting Mayor, if less than six months remain before the date of the next regular City election. (2) TEAT the City Charter is further amended by deletion of the ward "chairmen" and substitution of the word "Mayor wherever the word "chairman" appears in reference to the Chairman of the City Council. Article II Thereafter at each annual municipal election there shall be chosen at large three members of the City Council to hold office for a term of three years. No voter shall vote for more than three. Each member of the City Council shall hold office until his successor is elected and qualified. Members of the City Council shall receive the sum at $400.00 per year in full compensation, same payable quarterly. Unless City Council shall by ordinance increase the amount members shall be entitled to r acompensation, provided, however, n such ordinance increasing the Council's compensation shall take effect until approved by the voters at a public referendum and until three (3) years after the date of adaption by the Council. No person may serve as a member of the City Council for more than two (2) complete consecutive terms. No member of the City Council shall, during the torn for which he or she shall have been elected and for one year thereafter, be appointed to any other nonelected office at profit or employment position of the City. *Sec. 3. Chairman. At the first meeting, or as soon thereafter a P the City Council shall elect one of its members as chairman ou f the council for the ensuing ing year, and until his successor is elected and qualified, and the City Council may fill for the unexpired term any vacancy as Chairman that may occur.. If the chairman shall fail from sickness, disability, absence from the city or other cause to attend to and perform the duties incumbent n him as such chairman, the ramainirg members of the City Council may by Unanimous vote, after notice and hearing, terminate the term of office ofsaid chairman and remove him therefrom and thereupon by majority vote may elect some other member of said City Council chairman and such newly elected member shall thereupon and thereafter hold the office and perform the duties of chairman for the balance of that year, and until .his successor is elected and qualified. The Chairman shall preside at all meetings of the council, and shall perform such other duties, consistent with this office, as the council may provide. He shall be entitled to vote, and his vote shall be counted upon all mattersandthings asvote of other members of the council. The chairman shall ber cognized as the official head of the city for ceremonial purposes, and shall have the Powers and authority given to and perform the duties required of mayors of cities for all purposes of military law, and shall act as mayor in so far as representation is provided for the city by the mayor upon any board or commission orotherwise provided by any statue. In the temporary absence or disability of the chairman of the City Council may select a chairman pro tempore from among its number and he shall exercise all the powers of the chairman. Chap. 33, Private S Special Laws of 1943. *Amended November 6, 1919