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HomeMy WebLinkAbout1989-09-25 89-386 ORDER.,9-25-89 V Date Item No. 89-386 Item/Subject: Directing Proposed Charter Amendments to be Submitted to the voters Responsible Department: Legal Commentary: De Managers Comments: CilYMa.. Associated Information: Order. Attachment "A" Budget Approval ' Fina mDirc Legal Approval: 'ry sm ibr Intr°� ced For pa passage eFirs[ Reading page —of— ❑ Referral 89-386 Aeugned to CouncHor England, September 25. 1989 _ 'CMY- OF BANGOR �p I QIRE.) .orb"'" IDIrecting Proposed Charter Amendments to be Submltt d to the Voters By eM Cih CwaoY ey Ae 68tY elBargoe: OEElEEED. TWT the City Clerk is hereby authorized and directed to take all necessary action to m cause the proposed a eadmeats ahoy on Attachment "A" hereto to be submitted to the voters at the municipal election to be field an and be it fgrther ORDERED. . THAT the City Clerk shall cause the proposed amendments to be printed, to make copies available to the voters in the Clerk's office, and to post the same. 89-386 In City Council September 25,1989 0 R 0 E R Amended by: adding noveuyai 7,1989 in the space pmovided 1 Title, Also dvarcled debating the following sacndmevta Detecting Proposed Charter Amendments Ama4�nt #1 .1 to be submitted to the voters Avandmnt #7 ....a ........................ .... .... Amendment #7 /j Amendment 131 LO Ales. Andment101 Aligned to Amm endment R33 Amendment W35 Amerclvevt 116 .... ..... ... ... .. AAAA COuncilcan Passed as amended 9 Ci[y Clerk AMHiR�R' W. 1: TMAT Artic]a I De a�dea as folloma: Corporate existence retained. The inhabitants of the City of Bangor stall continue to be a municipal corporation under the name of the City of Bangor, and shall have, exercise and enjoy all rights, immunities, posers, privileges and franchises and shall as subject to all the duties, liabilities and ocligatiaa provided for herein, or otherwise pertaining to r incumbent upon said city as a vunicipal corporation, or pertaining to or incumbent upon the inhabitants or officers thereof; and may enact b1 -Sawa, ordinances and regulations for municipal purposes, ret inconsistent with the constitution and laws of the State of Maine, and lapcee penalties for the breach thereof,-me<xeedinga�atnndi hdel-1 s-irrvwgma<ase;-to-be- recveere3{er suchns9s-axsaid-try-3ma,-ar`#irmnearor-mgu3athone�lml3 prv+ids. Statesent of Purpose: Repeal of $100.00 limitation on penalties for ordinance violations. � W. 2: 1 Article II, Section 2 be amended as follows: AR cm II CIW IX4ACIL SEC. 2 Composition, election, tenure of office, etc. There shall be elected at large from the qualified voters in said city a City Council con- sisting of nine memhere. At tt:e first election under this act there stall be elected nice marchers of said City Council. No voter shall vote for more than nine. The three candidates receiving the largest number of votes at said election shall hold office for three years, the three receiving the next largest number of votes stall hold office for two years, the three receiving the next largest number of votes shall hold office for one year. Tnereafoer at each annual municipal election there shall be cMsen at large three momaers of the City Council to hold office for a term of three years. No voter shall vote for more then three. Each amaber of the City Council shall hold office until his successor is elected and qualified. Members of too City Council shall receive the sum of $40U.UU per year in full compensation, sate payable quarterly.-, unless City Council shall W Ordinance Inc ase the amount members shall be entitled to receive as compensation, provided, however, no such orainancei incradsom the Council's compensation shall take effect until approved W the voters at a public referendum and until W the Council three (I) years after the date of adoction. No persrn my serve as a minder of the City Council for more than two (2) complete consecutive terms. Statement of Purpose: This amendment would provide a aachanism, subject w voter approval, for increasing compensation fon Counoilors. -2- A R W. 3x THINE Article TI, Section 2 be amaae as follame: A CI II CITY COWCIL SEC. 2 Composition, election, tewre of office, are. . No person may serve as a nectar of the City Council for more Clean two W coaplete ccs tive tenor. No nether of ne City Council shall, du[im the teen to whict he or she stall have, been elected ane for one year thereafter, ma appointed to any otter nonelected office of profit or emplonren[ poarfron of the City_ Statement of Purpose: This anerehtent would prohibit former City Councilors tron appointment to mmiectei offices of profit or employment win tee City for a period of one year after their teem expires. WffimHVf W. 4: ' Article II, Section 4 be amended as follows: A ICL II CITY CC1kICIL SSC. 4 Vacancies, forfeiture of office. In case of a vacancy causes W dean, resignation, removal from the city, or reooval fron officer as hexeina€ter-proviSed:-ot any matter of the City Council acre than six months prior to the next regular city election, the vacancy small be filled by a special election, the warrant for which shall upon vote of the City Council be issued Dy a vaaber of the City Council by vote designated for that duty. Statenent of Purpose: This amendment scald renews a reference to a nonexisting procedure for removal of N ilors. HI&iR93il W. 5: 16AT Article II, Section 7 Ce amnkH as follows: AFTICI.S II CITY COUNCIL SFC. 7 4arwn. A majority of the members of the City Council snail constitute a quorwn for the transaction of business_ -Cut a-}-weMea-aay- MijOutrt-fxai-Etrt�&itime� AE-leaeE-EwenEY'€wr-h rze=mtAae o€-U,bLYre aNP3aeaeE-holdiaSsneh #ja7ereS-rreMi 3aFsa}}9iveRk6a11-maeDaIn xM event any resentreE-Elpacetim-€us wlickorj r m, the City Cl In the event any neetim is aalOurnea due to lack of gmrae, the City Clerk shall neve at least twenty-four hourel niece Of the time and place Of each aajaurned meecim to all meMere. State ent of Purpose: This amenthemt would clarify the meeting notice requirement in tine event a Council meeting is adjourned for lack of a geOrlm. -3- AMm➢IffiIT M. 6: 1llAT Article III, Sectio: 1 be amBM¢d as follOR: ARTICLE III WITIATIVE AND RSFT14sK F1 SEC. 1 Power of City Council. No legislative ordinance, order or resolve passed by the City Council shall take effect until lU days atter its passage except that Cure City Council may, by a tw-thirds yea and nay vote Of its mmbers, pass emergency omiinancea, orawas Or resolves to take effect at the time indicated therein, but such emergency ordinances, orders o dsolves shall contain a section in whit the emergency is set forth and efined. An eromence shall include oniv such measures as may be determined the Cu Cwnc11 to be amretlis i for the re ervatim of the 22b_lic peace, health or safety. Statement of Purpose: This amendnent would clarify existing provisions a the Charter relating to the effective data of orders and resolves and to clarify the Council's authority to adopt eeergency ordinances and orders, in addition to a argency resolves. This amendment would also clarify wrist measures constitute an erergency. � M. 7: TINT Article III, Section 7 be metlrd as follows: ARTICLE III INITIATIVE AND REPBIIAJCLM SEC. 1. Publication. Whenever any ordinance, order, or tasolve is required by the provisions of this article to be sutmitted to the voters of the city at any election, the City Council cost order ere publication of the complete text thereof to be made in aie-�-rote-o€LAeHHi;y-re�ua@apera published a news wall circulated in fJg City of Bangor, such publication to be made rot less than 1 days, nor more than 15 days prior to me election. Statement of Purpose: To permit publication of public notices in any newspaper generally circulated in the City of Bangor. � W. 8: THAT Article N, Sections 1, 2, 3 and a be ami as follows: ARTICIZ IV MMINATIWS AND ELECTIOS SEC. 1. Date of elections ani procedure to determine results. At the first election after this Charter is in force, to be held on the first Monday in Deca ser, A.D. nineteen hundred thirty -awe, the Waliffei voters of the city scall ballot for nine councilmen, ori-dr�aaali€iedratmre-m€ eacstwardsA Il At sm�a€vmcballeC€erawardedoriaward ele11F£er Rist n r and thereafter on the Tuesday following the first Malay of -4- N Boer in each year a regular municipal election shall be held and the qualified voters of the city shall ballot for councilmen to fill the office of the councilmen whose tams of office expire that year�ard tAa.gnatiEiei wtecarof-ea irweMSlwklreE-tl1P9meEas� W}lot-Ee{j;}..tlggt£ice_e€ wm-deaor-war»e;er+o- wq}ehega}Fex@€xakEak Yeaar- Wniens-arctwud<leeko- shel}-CreleeK9-irt alEeriwte i'Dare-Yor-s-Fwo-Year-Fanna�i-oLEica� Those councilmen taldirg office when this amendment takes effect shall serve only until a successor sor is duly elected Aqualified in accordance with the terms of this aas d nt. i-Y9fose-must[Feleixs-hnad trto€€}ee tMs-anenfmaet-EakeUe€€est-shall mrevMii-Mt€ret-Me�aHp-xNovo tler-€aklow3gthe {drsk+mueicipal--- eleeeiar h9}aundeF the-provtsiora-e£cA}saienateant.-'�Aairlicg_ aff;ee+sten-EhiseneEakese€feat skaFb sexvaaektl-thefirstJfovday- imNewNerRol3aamt}Ekaseee Lwmic�iealaleekicn-geld-waAae-ihe pYW }910n4-ef 13139 ame�r4M.- All votes cast for the several officers shall be sorted, counted, declared and registered in open ward meting, As provided by statute. The wmU-eleeh-9gali-fo[{krtNde}fiver-toaaeq {»asen alaekalwavlenec wani- alerk-a aerEt€ieaEe o£-Alsolec[-icon-acid-agaLL {eiGwsithdeliveetoJlte_City_ 61erk-aaerEi£{egopy-e€tee-reaoai�suGE¢lacti.wt� After the first election held under this Charter the then municipal officers and thereafter the City Council shall, as soon as it conveniently can, examine the spies of the records of the several wards, certified as aforesaid, and shall cause the persons who shall have been electei councilmen to to notified in writing of their election: but if it shall appear that no person shall have been elected to any office, or if the person elected shall refuse to accept me office, warrants for another election shall be issued forthwith. At any election the person receiving Me hignest number of votes for an office shall be dossed and declared elected to such office. ehoeanand gna}i{}s3' 5mrcdis[eig-hfHasi+g Ehe HeeEioeFe€ae}eE4' pEateepaaaa-ward®_pr tem@o hmkk ee-ehosmer-The clerk sires}-covered al;-Na pramedisge-and - rnrti[ythevoteBgxven-aid-da2ieeE-over-to ni6suoeessor-3n ofsic®alls:rh_ [RO[HY9H1-JotSMl4ifl-Yt14p%BE591oneEiNlLeE-hi66b^Atr01�-t Jetller_With ari-dpemmeflee-ana-k perBhaid-drhiW-mhi89a@aoit}'-e6C1eGL�-A1KuaW- clerk-sF i3inave-arhper[ova-akbiagMsealduEierTeaw-he39w 3FeEfawedby Mrws�k c1eNr oE-n,ch-amtt:-as-faz-as�vssietentwvip tJue-GIWrLBL-ALL wa[d�iaelirt�aah83kia-wCi£iedaFlS-eallai-[ytheEityL ues`il_.in_tlguryy�sr- prwitlebtg-Urie�af-thiaelnt-fafereE}Cyr JanAcalLr J-twu�akiegs. by tM aeJ.eetmer,-e£ tAe �eveEa} �aaB� SEC. 2 Wardens aM ward clerks. there shall he a warden and a ward Clerk appointed W the City Clerk in each ward. The term of office, compensation and duties of wardens and ward clerks, other than as may be established W State law, shall be established by ordinance adopted by the City Council. SEC. ! Nominations for elective officers to be made by petition. Me nciatination of all candidates for elective office provided foe by this Charter shall be by petition. -the peleiticn of a carAidate. for. Councilman stall Do signed by-not less than ane hundred and fifty nor note than two . hundred qualified voters of the city. 3Ae;aetlbiorvofsa�klidMa_foc wazdu� atd-ae Qc1eEk-sig}}is6a9red-9i'rret-less-Gaarvswnty_tivanar.moce lLan And the c"i atefor aerommoer of the def 1s.tpde-elerked_ And Che petition of i ned by ho fora thmbee of ctu' of nor hors than Scheel hundred a shall be signal by rot leaf than one Fl The nor more than ern bunked sed fifty qualified voters of tin at nay The Haber of said shell ms for candidates for any office Chao may le signed said any weer shall not exceed the r sign of candidates pe be elected to said office, .anJ in ro case may a voter sign more than me petition for any one censidace. SEC. S, Contents and form of ballot. The names of candidates rcminated as p ideal in the preceding section shall be arranged on the -ballot in alphabetical order according to surcease. To vote for a naMidate make a cress (a) or check mark (✓) in the square at the right of name and residence. Pae kNP13H}IORiYdfl{;b'I1Ci-�3-Yearai _YCW ier.u� __�__ Statsmsnt of fLrpose: To repeal provisions relating to the public election of wardens and ward clerks. m NAPLUIOPiF !A. 9: 'I119T Article N, Section 9 be amended as follws: ARTICLE N NOMINATIONS AND ELECTIONS BSC. 9. Specimen ballots. Me City Clerk shall cause specimen ballots to be posted in public places, including each polling place, and/or advertised in the newspapers not later than ten days prior to the city election. Such specLren ballots shall be printedm-eoMred'papweaM marked "specimen ballot", and shall contain the nems of the certified candidates with the residence of each, instructions to voters, and such measures as may he suhuitted to the voters. such ballots stall be without party mark or designation. Statarent of Purpose: To repeal the requirement for "colored" Specimen ballots. � W. 10: TR01T A icle N, Section 5 he amended as follows: ARTICLE IV NMINATIO S ANO ELECTIONS SEC. 5. Filing nomination papers; aC(aptance5 Of h0linatima mat be filed. the nomination petitions for any One candidate shall he assembled and united into one petition, and filed with the City Clerk not earlier than 66 80 nor later than 40 60 days before the day Of election. No amination shall he valid unless the candidate shall file with the City Clerk in writing not later clan 20 days before the day of election, his consent accepting the nnnrnation, agreeing net to withdrew, and, if elected, to qualify. Statement of Purpose: Tb enlarge the period for preparation of ballots formunicipal elections. AI T W. 11: TBAT Article V, Section 1S be aoerclnd as follows: ARTICLE V A INISTmrlw OFFICERS SEC. 10. Assessors of taxes. There shall be three assessors of takes appointed for terms of three years by the City Council, and until their successors re appointed ane qualified. If for any red a vacancy shall existin the membership of the Board of Assesors, the vacancy shall be filled forthwith by the City Council for the urexpired term. Toe assessors appointed as above provided shall exercise the sabre powers and be subject to the sae duties and liabilities Coat similar officers of the several taws and cities in the state may exercise and may new, or hereafter be subject to under the laws of the state. 1Aeassesso'suoa)<appoin[_maasnw.CanG assesses-irvaarA wood andcnaaddaticnaLassiat ut aasse�insach3va�a_i:. -)- NeCf[y-EUnrii�rel390 aim ,,�d:*r it shell- fa-Eue«_isMsne -.ietrarrtne-ra�a� inioo,a,tiom ralari.e-to-Param,a� pmp rythe- it: -She tr{aroa:a.ieao£-sueMmaisten!-essesaora-ahel-1-ea fixed-o-,-cnacYtyeoano ie bac neh Baa:seam-aeaeaearsaroax-Meld of61C:t U:s duavgihe4leaeuceaE- aeaesaers.- Statement of Purpose: To elhnlnate tha "assistant assessor* position AMENLlA3lT W. 12: THAT Article V. Section 6, Paragraph (a) be ammuhaai M follwn: ARTICLE v A INISMNTIVE OPPICEPS W. 6. Powers and duties of the City Manager. The City Manager shall W Ne a inistrative head of the city and shall be responsible to the City Council for aAdnistratiw of all Ueparnnents. The pacers aha duties of the City Manager shall be as follows: (a) To see that the laws and ordinances are e�orcedT-Iwt-Meahall tlala9xats-ec-eMie£-eE lhe-Patiee-IielceN�nt-ehe aeEicdneles-eon+:eeEed enerewadrrmarai 3<r,airel-anora.- Statement of Purpose: To Clarify the responsibilities for local law enforcement. � M. fit '➢b]1' Article V, Scotian 6, Paragraph (b) be ammw a as follows: SEC. 6. Powers and duties of the City Manager. Me City Manager shall be the aQninistrative head of the city aha shall be resporeiale to the City Council for adtninistratio: of all departments. The powers and duties of the City Manager shall be as follows:. (b) To exercise control over all depavYments except tee School Darer tuent arca divisions created herein or Nat may hereafter ha created. Statement of Purpose: To Clarify the City Manager's lack of authority ever the SCheol LtpartMent. ME W. 14: '1 Article V, Sectio_ 15 he aoafl¢0 as follows: AR1 E V Ap1IIiISfR4TIVe OFFICERS SSC. 15. Civil service rules for police and fire departments. The City Council shall provide Dy oraimace for a system of civil service rules for the appoinbuant, promotion, demotion, layroff, reinstatement, suspension and removal of the members of the Police Department and of the Fire Department other than the chiefs of said departments;. and-Eoee�i I ServieeE iexea{o[-H�seie Yx B�eE-Irearia9atl<diudicreE#q (jrieYeliIXs-af-{lEMY9nlEIQ3Bfaebe€{ile-�. i11Qe-aflEF€iYa-delu9l'tCPPs. Ey€hie asE�xceppEa4pee:+t@sovi9edr Any chief of the or chief of the fire department, selected from the rahas shall not he hell by his service as chief to have lest h: benefits or privileges as a memher of the lepartnent. Statement of Purpose: Repeal of Civil Service Commission provisions. A� W. 15: T Article Vd, Section a be amenl as foll ws: BEC. B. Tsne of Goma and notes. Money may he borrowed, within the limitations find ty the constitution and statutes of the state now or hereafter applying to said Bangor, by the issue and sale of bonds or notes pledged on the credit of the city, the proceeds to he used for the acqursitio of land or interests in land or personal property, the construction and equipment of buildings and other permanent public inprwaienta, the purchase of equipment, the payment or refunding of bonos,. rotes and certificates of indebtednass peeviosly issued, or for any other purpose authorized by general law or special law now or hereafter applicable W the City of Bangor; provided, however, that no bons and/or notes issued pursuant to this section shall be used for the fulling of current operating expenses. No order providing for borrowing under thia sectio shall Ce passed without public notice of the sone being given by posting such notice n two or note public places in the City of Bangor and by publishing the newspaper generally circulated aE-lss6-in. o znramspa@ee pvUlishad in said Bangor, such Ivhlication to he not less than ten days. Statement of Purpose: To clarify the notice publication requirement for bond issues. mm � W. 16: T Article W, Sectimn 4, paragraph (b) be as follows: ARTICLE V BUSINESS AND FINANCLAL H ISIMS SSC. 4. Budget. (h) Not later Sian the first Monday in Becanber, 1981, the city manager stroll Submit to the Council a current expense budget which shall be a creplete financial plan for Che interim six-iro fiscal year. Thereafter, the city manager Shall, not later than lne-ehizd-MCMep-xmMmrl. second Monday in April, submit to Me Council an annual current expense nudge£, which shall be a canplete financial plan for the ensuing year. Statement Of Purpose: To charge the filing date tor the municipal budget to the second Maclay in April. AN®dM1FNT M. 17: AMHiafFsrs M. 16: 1 Article VI, Sectica 4. paragraph (b) be ardxd as follows: A ICIE VI SDSIN S AND PINMIC MWSItl5 SEC. 4. Budget. (b) Not later than the first Marvlay in December, 1981, the city manager shall subunit to the Council a current expense budget which shall be a template financial plan for the interhu six-month fiscal year. Thereafter, the city manager shall, not later than tY:e yi.ieA tgseday tin-Mxeh 8eCO1Y1 fkNYlaV in April, subunt to the Council an annual current expense budget, which shall he a complete financial plan for the ensuing year. Statcom nt of purpose: To change the filing date for the a nicipal budget ce the second NOMay in April.