HomeMy WebLinkAbout2010-09-13 10-308 - 10-317 ORDERCOUNCIL ACTION
Item No. i n-gos - i n-317
Date: September 13, 2010
Item/Subject: VARIOUS COUNCIL ORDERS, Authorizing the Placement of Certain
Proposed City Charter Amendments on the November 2, 2010 Election Ballot
Responsible Department: City Clerk/Legal
Commentary:
The following ten Orders would authorize placement of certain City Charter Amendments
on the November 2, 2010 Election Ballot for consideration by Bangor voters. These
Orders are the result of work undertaken by the Charter Review Committee, and
subsequent review and consideration by the Council during two workshop sessions. By
previous decision, the Council chose to divide the proposed amendments over two
separate elections, in the fall of 2010 and 2011.
A PUBLIC HEARING IS REQUIRED.
Department Head
Manager's Comments:
Interim City Manager
Associated Information: Orders
Budget Approval:
Legal Approval:
Introduced
x Passage
First Reading
Referral
4,a4-,, 0941
Finance ector
City Solici or
Page 1
Assigned to Councilor - Blanchette
CITY OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV Section 11,
Recall
WHEREAS, the Bangor City Council authorized the formation of a Charter Review
Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and reviewed
all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City Council
on .lune 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CM COUNCIL OF THE CITY OF BANGOR,
That the following amendment to Article IV Section 11 of the Bangor City Charter be placed on
the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by
the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and
2105:
Art VI Sec. 11 Recall.
[Amended 11-7-1989]
Atly member of the Bangor City Council or School Committee may be
recalled and removed from elected office by the voters of the City as herein provided.
(A)- procedure. An istered voters of the Ci may in the recall procedure b
.l.�.L Y terrf�i�4-reg City Y �9� P Y
signing and filing with the City Clerk an Request for Recall affidavit -containing the name of the
member of the City Council or Superintending -School Committee whose removal is sought
together with a statement with the reason for the recall.
-The City Clerk shall then prepare recall petition forms with a copy of the a€fidavit-Rgquest for
BX& I attached thereto. Thereafter, the Clerk shall, during regular business hours, for the
following sixty (69) business-_Qdays, keep the petition open for signature by registered voters
of the City. In addition, the City Clerk shall also cause petition forms,
IN CITY COUNCIL
September 13, 2010
#�p_�ng
Motion Made and Seconded for Passage
Motion Made and Seconded to Open the Public
Hearing
ORDER
Mr.Bill Sullivan urged the Council to send
all the
Issues to the voters this year and suggested
that they consolidate issues into fewerITLE
� ,Proposing Amendment to the Bangor
questions.
Mr. Brad Saucier Questioned whether
City Charter, Article IV Section 11, Recall
these changes would reduce account-
ability of councilors by making it
more difficult to recall councilors.
Motion Made and Seconded to Close
the Public Hearing
Motion Doubted
Vote: 7-0
Councilors Voting Yes: Blanchette,
Bronson, Nealley, Palmer, Stone,
Assigned to Councilor
Weston & Wheeler
councilors Voting No: None
Councilors Absent: Gratwick & Hawes
Pas
CITY CLERK
the attaehed , to be prepared and made available for circulation during said sixty {60
busipe 3kdays by wl-registered voters of the City. The number of petition forms and
attached affidavit eepieRMuest for Recall copies te-shall be made available W the clerk in
Increments of 10 ggges. un to 100 total pAges, hall be able to aeeemmedate signatures of a
least thirty (30) per eent eF the registered Yeters of the ,for an offical sought to be recalled.
. No voter may sign the petition more than once.
At the expiration of said sW (60}business3Q days, or upon the Clerk ascertaining that the
mired number of signatures have been presented to the Clerk, whichever occurs first. the
Clerk shall declare the petition closed. The circulating of petition forms and filing of the same
With the Clerk must be accomplished prior to the expiration of said sixty (60)3kdays. The Cwt
Clerk shall not accept any petition form circulated without also receiving an affidavit from said
circulator stating that all of the signatures were affixed in the circulator's presence; that the
circulator believes them to be genuine signatures of the persons they purport to be; and that
every signor had an opportunity before signing to read the full text of the recall petition and
affidavit attachment.
W
LLLCertification of said -recall petition. Within ten (18)-10 days after the closing of the petition,
the Clerk shall ascertain whether or not the number of valid signatures on the petition is equal
to at least t%anp,y,{28}10 percent of the number ef-of all registered voters at the time the
Request for Recall was filed with the Cler!L.peFsens Yeting in the last regular Municipal eleetien.
The Clerk shall attach to said petition, a certificate showing the results of such examination. If
the petition is found to have insufficient valid signatures, the Clerk shall notify the Council Chair
of the results take me fidi;ther aeUen and the petition will be considered to be null and void.
Similar recall petitions against the same official for substantially the same reason shall not be
filed for one year from the date of the Clerk's certification.
(Q--
Calling of recall election. If the petition shall be certified by the Clerk to have sufficient valid
signatures, the Clerk shall submit the petition with the Clerk's certificate to the City Council at
its next regular meeting and shall notify the member of the City Council or Superendfg
School Committee whose recall is sought by such petition. The City Council shall thereupon,
within ten {48ydays after the receipt of the City Clerk's certificate, order an election to be held
not less then €eta ("A -nor more than sixty (60-} 60 -days thereafter; provided that if a
scheduled election is to occur within g0)90 days after the receipt of
said certificate, the City Council may, in its discretion, provide for the holding of a recall election
on the same date. of s eh muni ipal eleeti ' In the event the individual named in a successful
recall petition chooses to resign the Council will declare the office vacant and no Recall election
will be held Vacancies will be filled in the manner prescribed in Section 2 of this Article for
filling vacancies occurring at times other than expiration of terms The Feeall e lect`en shall be
Called and held, and nerninatiens made as on etheF eleetiens under this GhaFteF exeept fer the
Within 10 days after the Cily Council orders a recall election the Clerk shall make available
nomination letitions to candidates for a possible subsequent election to fill any vacancies
created by the recall election Such petitions shall require the number of signatures specified in
Sec 3 of this Article and shall be returned to the Clerk within five days after the recall election
and only if a vacancy then exists.
M
LThe sample ballot for a recall election is removed in the proposed charter revisionl
(d) Form of ballot in recall elections. The form of the ballot shall, as nearly as possible be:
"Shall (name and title of official) be recalled?" The reason for the recall as presented in the
Request for Recall shall be included in the statement following the Yes or No indicator.
(e�Majority vote required; choosing of successor. In case a majority of those voting in the
recall election of any official shall vote in favor of recalling such official, he or she shall thereby
be removed from office, effective upon certification of the election results by the City Clerk. If
the recall succeeds the City Council shall schedule an election within 30 days of the recall
election for the purpose of electing_ candidates to fill any vacancies created by the recall
election. If a scheduled election is to occur within 90 days after the receipt of the Clerk's
certificate for the recall election, the City Council may, in its discretion, provide for the holding
of the election on the same date. The contents and form of the ballot shall be the same as
provided in Sec 8 of this Article.
term ef effliee te whoeh he eF she had been eleeted, the efflee shall Femain unfilled until the neA
eF her temn ef efflee, the eandidate te Feplaee horn eF heF feF the balance ef the unexpired term
(.'
Fesigned within ten (10) days after the Fereempt by the Gity Geuneil of the Gity Glerk's eeftifleate,
the faFm ei the ballet sha" be pFinted substantially as s
GKy Gounell Recall Mote YesorNo {
Affir
YES NO
City Gouncill Reeall Candidates Te serve unexpired term of (Narn
•
OM mr - -
- - -- -
-IF-
- -
MIN, M
Statement of Fact: Deletions of the existing Charter provisions are struelcthrough. Additions
are underlined.
Summary:
This amendment provides for an increase in the number of signatures to start the recall
process, requires that a reason be stated for the recall, will reduce the number of days of to
collect petition signatures, as well as other changes described below:
• Increases the number of required signatures to start the recall process from 10 to 100
• Requires those seeking a recall to state a reason for the recall and include the stated
reason on the recall petitions
• Reduces the number of days to collect petition signatures from 60 business days to 30
calendar days
• Allows the clerk to provide recall petition signature forms in increments of 10 pages
• Allows the petition to be closed when the clerk determines that a sufficient number of
signatures has been obtained
• Changes the number of petition signatures required from 20% of the total number of
who voted in the last regular municipal election to 10% of all registered voters at the
time of the request for recall
• Provides for a prohibition to recall the same official for the same reason for one year
• Amends the charter to establish a procedure for nominations and election of candidates
to fill vacancies created by a recall election and to change the form of ballot
• Allows for the city council to schedule the recall election to coincide with a scheduled
election if that scheduled election is within 90 days of the certification of the recall
petitions
• Allows for the city council to schedule an election to fill vacancies created by a recall
election to coincide with a scheduled election if that scheduled election is within 90 days
Assigned to Councilor - Bronson
CITY OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II
Section 4 and Article III Section 4, Vacancies
WHEREAS, the Bangor City Council authorized the formation of a Charter
Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR,
That the following amendment to Article II Section 4 and Article III Section 4 of the
Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be
held November 2, 2010 for approval by the qualified voters of the City of Bangor in
accordance with Title 30-A M.R.S.A. §§2104(1) and 2105:
Art VI Sec. 2 Vacancies [Content of this Section taken from the former Section 4 of
Article II]
When an election is held to fill two or more vacancies with different terms the
candidate with the highest number of votes shall fill the longest term the one receiving
the second highest number of votes shall fill the second longest term, and continuing in
this manner until all vacancies have been filled.
Statement of Fact: Deletions of the existing Charter provisions are struek threagM.
Additions are underlined.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing No one from the
Public came forward to speak
Motion Made and Seconded to Close
the Public Hearing
Passed
CITY CLERK
ORDER
(TITLE,) Proposing Amendment to the
Bangor City Charter, Article II Section 4
Vacancies
Assigned to Councilorew�S� �.�
Summary:
This change addresses those circumstances where there may be multiple vacancies on
the School Committee or the City Council with varying terms remaining that need to
filled at one time. The one receiving the highest number of votes fills the longest term,
the one receiving the second highest number of votes fills the second longest term, and
continuing in this manner until all vacancies are filled.
A
AN�O,p f.
�AgiED.FE �'
Assigned to Councilor— Nealley
CI`T'Y OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV Section 5,
Nominations and Elections, Filing Nomination Papers; Acceptances of Nominations Must Be Filed
WHEREAS, the Bangor City Council authorized the formation of a Charter Review
Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and reviewed
all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City Council
on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That the following amendment to Article IV Section 5 of the Bangor City Charter be
placed on the ballot of the 2010 regular municipal election to be held November 2, 2010
for approval by the qualified voters of the City of Bangor in accordance with Title 30-A
M.R.S.A. §§2104(1) and 2105:
Art yI Sec. 5 Filing nomination papers; acceptances of nominations must be filed.
(Amended 11-7-1989]
The nomination petitions for any one candidate shall be assembled and united into one
petition, and filed with the City Clerk not earlier than 80 nor later than 60 days before
the day of election, except that different intervals apply in those contingent elections
which may follow a Recall election. No nomination shall be valid unless the candidate
shall file with the City Clerk in writing not later than 6029 days before the day of
election, his or her consent accepting the nomination, agreeing not to withdraw, and, if
elected, to qualify.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing, No one from the
Public came forward to speak Motion
Made and Seconded to Close the
Publ c Hearing
Pas d
CITY CLERK
ORDER
(TITLE,) Proposing Amendment to the
Bangor City Charter, Article IV Section 5
Nominations and Elections, Filing Nomination
Papers; Acceptances of Nominations Must be
Filed
Assigned to Councilor G
L -o
Statement of Fact: Deletions of the existing Charter provisions are struck ugh.
Additions are underlined.
Summary:
Currently the candidates for municipal office must state, in writing, that he or she will
serve if elected, no later than 20 days before the election. This change will Increase the
time that the candidate must provide this statement to 60 days before the election.
This change will enable the clerk to finalize the candidate list so that absentee ballots
may be timely printed.
Assigned to Councilor - Palmer
CITY OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendments to Various Sections of the Bangor City Charter for
Technical Houskeeping Changes Including Making the Charter Gender Neutral, Correcting
Punctuation, Correcting Grammar and Changing Number Sequences
WHEREAS, the Bangor City Council authorized the formation of a Charter Review
Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and reviewed
all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City Council
on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR,
That the following amendments to various sections of the Bangor City Charter be placed
on the ballot of the 2010 regular municipal election to be held November 2, 2010 for
approval by the qualified voters of the City of Bangor in accordance with Title 30-A
M.R.S.A. §§2104(1) and 2105:
Shall the municipality approve the charter modifications that are technical changes,
including making the charter gender neutral, correcting punctuation, correcting
grammar, and changing numbering sequence?
Summary:
This amendment will make technical housekeeping changes to the charter including
making the charter gender neutral, correcting punctuation, correcting grammar, and
changing numbering sequences.
• Corrects Capitalization and punctuation
• Makes the charter gender neutral by replacing the term "chairman" with "chair",
replaces "councilman" with "councilor", replaces "his/he" with "a" or "the"
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing, No one from
the public came forward to speak
Motion Made and Seconded to Close
the Public Hearing
Pasd2d
k ---CITY CLERK
ORDER
(TITLE,) Proposing Amendments to Various
Sections fo the Bangor City'Charter Technical
Housekeeping Changes Including Making the
Charter Gender Neutral, Correcting Punctuation,
correcting Grammar and Cng ng ences
Assigned -to Councilor Palmer
to 311
• Adds some possessive nouns to clarify certain areas and improve readability
• Removes specific action dates that have already passed
• Renumbers section by changing section IIA to Section III, and then continuing to
renumber sequentially after that section
• Replaces "justice of the peace" with "dedimus justice" or `notary public"
• Changes the name of the "Superintending School Committee" to "School
Committee"
Assigned to Councilor — Weston
CITY OF BANGOR
L 12
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II
Section 5, Regular Meetings and Qualifications and Article IIA Section 5, Oath of Office
WHEREAS, the Bangor City Council authorized the formation of a Charter
Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That the following amendment to Article II Section 5 and Article IIA Section 5 of the
Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be
held November 2, 2010 for approval by the qualified voters of the City of Bangor in
accordance with Title 30-A M.R.S.A. §§2104(1) and 2105:
Arm Sec.!! S Regular Meetings and Qualifications.
The City Council shall meet at the usual place for holding meetings at ten o'clock A.M.,
on the first Monday in November following the regular city election, and at said meeting
the councilors -elect shall be sworn to the faithful discharge of their duties
by the city clerk or a dedimus justice. Members elected at
other than regular cityelections will be sworn in at the first regular meeting of the
Council following their election.
Art III Sec. 4'5 Oath of Office.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open the
Public Hearing No one form the public
came forward to speak Motion Made and
Seco ed to Close the Public Hearing
Pas _
CITY CLERIC
ORDER
(TITLE,)Proposing Amendment to the Bangor
City Charter, Article II Section 5. Regular
Meetings and Qualifications and Article 11A
Section 5, Oath of Office
Assigned to Councilor Wactnn
The School Committee shall meet at the usual place for holding meetings at eleven
o'clock A.M. on the first Monday e -in November following the regular City Election and
at said meeting the members -elect of the School Committee shall be sworn to the
faithful performance of their duties by a gustiee of the Peaee e by the City Clerk or a
dedimus judge. Members elected at other than regular city elections will be sworn in at
the first meeting of the School Committee following their election.
Statement of Fact: Deletions of the existing Charter provisions are struck threugb.
Additions are underlined.
Summary:
Currently.. the charter is silent for when City Councilors or School Board members
elected at a special election are sworn to office. This change will provide that they will
be sworn in at the first regular meeting of their respective boards following their
election.
Assigned to Councilor _ Wheeler
CITY OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article II
Section 2, City Council, Composition, Election, Tenure of Office, etc. and Article IIA
Section 2, Superintending School Committee, Composition, Election, Tenure of Office,
etc.
WHEREAS, the Bangor City Council authorized the formation of a Charter
Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That the following amendment to Article II Section 2 and Article IIA Section 2 of the
Bangor City Charter be placed on the ballot of the 2010 regular municipal election to be
held November 2, 2010 for approval by the qualified voters of the City of Bangor in
accordance with Title 30-A M.R.S.A. §§2104(1) and 2105:
Art II Sec. 2 Composition, election, tenure of office, etc.
[Amended 11-7-1989; 11-6-2001; 11-4-20031
Effeetive the first day fellewing the regularly sehedule 2008 munieipal No
person may serve as a member of the City Council for more than three {3} -complete
consecutive terms. A member shall not again be eligible for election for a period of two
years after completing three full consecutive terms. Present or previous service by
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing, No One from
the Public came forward to speak
Motion Made and Seconded to Close
the Public Hearing
Motion Doubted
Vote: 3-4
Councilors Voting Yes: Nealley,
Palmer & Stone
Councilors Voting No: Blanchette,
Bronson, Weston & Wheeler
Counc ors Absent: Gratwick & Hawes
Fail
CITY CLERK
ORDER
(TITLE,) P-roUncing Amendment to the Rangor City
Charter, Article II Section 2, City Council
Composition, Election, Tenure of Office,
Etc. and Article 11A Section 2, Superintending
School Committee, Composition, Election, Tenure
of Office, etc.
Assigned to Councilor WhpPl Pr
Council members in office when this charter revision is presented to the voters shall not
be considered in determining eligibility under this two -year -interval provision.
Art III Sec. 2.1 Term Limitation.
• ' 1 • . • . •1 - • • • -� • • •1 •�• • •IL
i
•` • 1 - � 1 • • - - ice• �• • � • •�
a a- �• •- • - • • •- • - •IkMAD•
Statement of Fact: Deletions of the existing Charter provisions are s#ruek threagb.
Additions are underlined.
Summary:
This amendment will increase the period of time that City Councilors and
Superintending School Committee members are not eligible for election from one to two
years after they have served three consecutive terms.
Assigned to Councilor - Blanchette
GITY OF BANGOR
1t) : 14
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VII
Section 13(b), Business and Financial Provisions, Issuance of Bonds and Notes
WHEREAS, the Bangor City Council authorized the formation of a Charter
Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That the following amendment to Article VII Section 13 (b) of the Bangor City Charter
be placed on the ballot of the 2010 regular municipal election to be held November 2,
2010 for approval by the qualified voters of the City of Bangor in accordance with Title
30-A M.R.S.A. §§2104(1) and 2105:
LTerm. Every issue of bonds shall be payable within a fixed term of years, the term
of such bond to not exceed the estimated period of utility of the interests, public
improvements, equipment or other items purchased with the proceeds from the sale,
but the declaration of the City Council embodied in the order authorizing the issue shall
be conclusive determination of the estimated period of utility thereof; and the term
within which all bonds shall be made payable shall in no case exceed 30 years. Notes
Issued in accordance with this section shall be for a term not exceeding ten?Q (l-0)
years, or for a term not exceeding the estimated period of utility of the interests, public
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing, no one from
the Public came forward to speak
Motion Made and Seconded to Close
the blic Hearing
Passa
— CITY CLERK
QUER
(TITLE,) Prnnosjnfd Amendment to the Bangor
City Charter, Article VII Section 13(b),
Business and Financial Provisions, Issuance of
Bonds and Notes
Assigned -to Cooneilor�1
10 '-'14
improvements, equipment or other items to be funded, whichever is less. Any issue of
bonds or notes may be made callable before maturity by appropriate recital in the order
authorizing the borrowing.
Statement of Fact: Deletions of the existing Charter provisions are stmEk through.
Additions are underlined.
Summary:
This amendment will allow the City to issue 20 year notes.
Assigned to Councilor - Bronson
CITY OF BANGOR
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article VI Section 16,
Business and Financial Provisions, Undesignated Fund Balance
WHEREAS, the Bangor City Council authorized the formation of a Charter Review
Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and reviewed
all provisions of the Bangor City Charter;
WHEREAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City Council
on 3une 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR,
That the following amendment to Article VI Section 16 of the Bangor City Charter be placed on
the ballot of the 2010 regular municipal election to be held November 2, 2010 for approval by
the qualified voters of the City of Bangor in accordance with Title 30-A M.R.S.A. §§2104(1) and
2105:
The City Council shall target an undesignated fund balance of no more than 4-G%15% of the
operating budget, excluding debt for the General Fund. The target balanee shall be e
Statement of Fact: Deletions of the existing Charter provisions are stmek thre Additions
are underlined.
Summary:
This amendment will increase the maximum amount of the targeted fund balance from 10% to
15% of the operating budget excluding debt for the general fund. The City Charter currently
requires that the target balance be 5% of the previous year's expenditures less debt service
and this amendment will remove that provision.
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open the
Public Hearing Mr. larry Willey expressed
that the current 10Z target is adequate
and felt that increasing to 15Z was
unnecessary. Mr. Sullivan urged the
council to have this item as a stand
alone question on the ballot, if
passed. Finance Director Cyr stated
that the 15Z is simply a goal to reach
to cover unexpected expenses or un-
foreseen cuts in revenue. Motion Made
and Seconded to Close the Publi Hearing
Motion Doubted
Vote: 3-4
Councilors Voting Yes: Blanchette,
Brownson & Stone
Councilors Voting No: Nealley,
Palmer, Weston & Wheeler
Councilors Absent: Gratwick & Hawes
FalAd
C-M CLERK
(TITLE,) Proposing Amendment to the Bangor
City Charter, Article VI Section 16,
Business and Financial Provisions,
Undesignated Fund Balance
Assigned to Councilor Xf*
floac
Assigned to Councilor _ Nealley
CITY OF BANGOR
�: . 16
September 13, 2010
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Include a
Provision for a Code of Ethics
WHEREAS, the Bangor City Council authorized_ the formation of a Charter
Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS, The Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
NOW THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR,
That the following amendment add a provision for a Code of Ethics of the Bangor City
Charter be placed on the ballot of the 2010 regular municipal election to be held
November 2, 2010 for approval by the qualified voters of the City of Bangor in
accordance with Title 30-A M.R.S.A. §§2104(1) and 2105:
ARTICLE IV Code of Ethics (Sec 1— 2) [New Articlel
Art IV Sec 1 Protecting government integrity
The proper operation of government requires that public officials be independent,
impartial and responsible to the citizens; that public office not be used for personal
gain; and that the public have confidence in the integrity of its government. The City
Council shall maintain a comprehensive "Conflict of Interest" or "Ethics" ordinance for
itself and the School Committee to further the policy set forth in this section and to
promote the objective of protecting the integrity of City government against actual or
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open the
Public Hearing, no one from the public
came forward to speak. Motion Made
and Seconded to close the Public Hearing
Passed
CITY CLERK
ORDER
(TITLE, Proposing Amendment to the Bangor
City Charter. to include a Provision for
Code of Ethics
Assigned to Councilor
reasonably perceived conflicts of interest without creating unnecessary barriers to public
service.
t of Fact: Deletions of the existing Charter provisions are struck through.
are underlined.
The city currently has an Ethics Ordinance in the City Code. This amendment will add
to the City Charter a requirement that the City maintain a comprehensive ethics
ordinance for itself and the School Committee.
10 %A 7
September 13, 2010
Assigned to Councilor - Palmer
CITY OF BANGOR
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Add a
Provisi n to Prohibit Immediate Family Members of Sitting City Councilors from Serving
on Boards. Committees or Commissions
WHEREAS, the Bangor City Council authorized the formation of a Charter
(Review Committee and appointed its members on November 9, 2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
WHEREAS,, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on )une 28, 2010;
WHEREAS,, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
That a following amendment to add a provision to prohibit immediate family members
of si ng City Councilors from serving on boards, committees or commissions of the
Bang r City Charter be placed on the ballot of the 2010 regular municipal election to be
held ovember 2, 2010 for approval by the qualified voters of the City of Bangor in
acco ance with Title 30-A M.R.S.A. §§2104(1) and 2105:
IN CITY COUNCIL
September 13, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing. Mr. Charles
Boothby expressed that he felt
that a prohibition of family members
is short-sighted and addresses an
non -existing problem.
Motion Made and Seconded to Close
the Public Hearing. Motion Made and
Seconded to Close the Public Hearing
Motion Made and Seconded to strike out
the following language: "This provision
shall not apply to any immediate
family member of a sitting City
Councilor on a board, committee or
commission of the date of adoption
of this provision for the remaider of
the term of the immediate family member"
Vote of Amendment: 5-2.
Councilors Voting Yes: Blanchette,Bronson,
ORDER
(TITLE,)_ Pronnwing Amendment to the Bangor
City Charter, To add a Provision to Prohibit
Immediate Family Members of Sitting Councilors
from Serving on Boards. Committees or Commissions
Assigned -to Conneffor 1 e
Nealley, Weston & Wheeler
Councilors Voting No: Palmer & Stone
Councilors Absent: Gratwick & Hawes
Motion Made and Seconded to Move as Amended
Pass As Amended
CITY CLERK
This i
from
apply
or coy
the in
10 %� 17
t of Fact: Deletions of the existing Charter provisions are struck through.
are underlined.
%ndment will prohibit the immediate family member of a sitting City Councilor
ving on any City board, committee or commission. This provision shall not
any immediate family member of a sitting City Councilor on a board, committee
Fission on the date of adoption of this provision for the remainder of the term of
ediate family member.
10-317
September 13,2010
Amended
Assigned to Councilor
CITY OF BANGOR
(TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, to Add a
Provisi n to Prohibit Immediate Family Members of Sitting City Councilors from Serving
on Boards, Committees or Commissions
WHEREAS, the Bangor City Council authorized the formation of a Charter
Review Committee and appointed its members on November 9..2009;
WHEREAS, the Charter Review Committee met on several occasions and
reviewed all provisions of the Bangor City Charter;
:EAS, the Charter Review Committee presented its final report with its
recommendations for amendments to the Charter to the Bangor City
Council on June 28, 2010;
WHEREAS, any amendments to the Bangor City Charter require a vote of the
citizens of the City of Bangor;
THEREFOR, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
That he following amendment to add a provision to prohibit immediate family members
of Ii ng City Councilors from serving on boards, committees or commissions of the
Bang r City Charter be placed on the ballot of the 2010 regular municipal election to be
held ovember 2, 2010 for approval by the qualified voters of the City of Bangor in
acco ance with Title 30-A M.R.S.A. §§2104(1) and 2105:
This i
from
apply
or coi
the in
t of Fact: Deletions of the existing Charter provisions are struck through.
are underlined.
:ndment will prohibit the immediate family member of a sitting City Councilor
ving on any City board, committee or commission. This provision shall not
any immediate family member of a sitting City Councilor on a board, committee
Fission on the date of adoption of this provision for the remainder of the term of
rdiate family member.