[Amended 11-5-1996; 11-6-2001; 11-4-2014]
There shall be a Mayor and a City Council consisting
of seven members, one from each ward. The Mayor and members of the
City Council shall constitute the municipal officers of the City for
all purposes required by statute and perform all duties required of
municipal officers under the laws of the State. The Mayor and City
Council shall receive an annual salary, payable quarterly, or such
additional compensation and benefits but not in an amount exceeding
their annual salary, as shall be fixed by five members of the City
Council from time to time. The Mayor shall receive an annual salary
of $3,600 and the City Councilors shall each receive an annual salary
of $1,200. The Council may by resolution and vote change the annual
salary of the Mayor and/or the City Councilors, but no such resolution
changing such salary and/or compensation and benefits shall become
effective until approved by the voters of Saco in a referendum question
in the next regularly scheduled municipal election, either primary
or general. The Mayor and Councilors shall also receive their actual
and necessary expenses incurred in the performance of their duties
of office.
All powers of the City shall be vested in the
Mayor and the City Council, except as otherwise specifically provided
by this Charter.
a.
Holding Other Office. A person who holds an appointive office in
the City government or is an employee of the City shall be eligible
to be a candidate for an elective office in the City government, but
shall not take elective office unless the person resigns from the
appointive offices or City employment prior to the start of the term
of office for which the person was elected, except as otherwise provided
by law. However, a person holding a City elective office shall be
eligible, during the term of that office, to become a candidate for
the same or another City elective office. In the event such person
is elected to the second City office, a vacancy shall exist in the
first City office when such person qualifies for the second City office.
No person shall be a candidate for more than one City elective office
in the same municipal election. No person shall concurrently hold
more than one City elective office. No former Mayor or Councilor shall
hold any compensated appointive City office or City employment until
one year after the expiration of the term for which the Mayor or Councilor
was elected.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
b.
Appointments and Removals. The Mayor, the City Council or any of
its members shall not in any manner direct the appointment or removal
of any City administrative officer or employee whom the City Administrator
or any subordinates of the City Administrator are empowered to appoint,
but the Mayor and the Councilors may express their views and freely
discuss with the City Administrator anything pertaining to appointment
and removal of such officers and employees.
[Amended 11-6-2018[2]]
[2]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
c.
Interference With Administration. Except for the purpose
of inquiries, the Mayor, the City Council or any of its members shall
deal with City officers and employees who are subject to the direction
and supervision of the City Administrator solely through the City
Administrator. The Mayor, the City Council or any of its members shall
not give orders to any such officers or employees either publicly
or privately.
a.
Election. The Mayor shall be elected by the voters
of the entire City, and the City Councilors shall be elected by the
voters or their respective wards.
b.
Term. The Mayor and the City Councilors shall be elected for three
(3) year staggered terms commencing on the first Monday of December.
The Mayor and City Councilors shall continue to hold office until
the expiration of their terms and until their successors are elected
and qualified. Starting in December of 2019, the terms will become
staggered. In the election cycle for November 2019, City Councilors
from Ward 1, Ward 3, and Ward 6 will run for a one-time two-year term;
thereafter for three-year terms, City Councilors from Ward 4, and
Ward 5 will run for a three-year term; and City Councilors from Ward
2 and Ward 7 as well as the Mayor will run for a one-time four-year
term; thereafter for three-year terms.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
c.
[Amended 11-2-2021[2]] Deputy Mayor. In the event of a vacancy
in the office of Mayor, the Deputy Mayor shall assume the office of
Mayor with all the duties and obligations of that office in accordance
with the provisions of Section 2.06(c)(1). The City Council shall
nominate and elect from its membership a Deputy Mayor upon the commencement
of the new Council year following each general election in November.
The term of the Deputy Mayor shall run for one year, concurrent within
the Council. A Deputy Mayor may be re-elected in any successor year.
In the event the Council fails to elect the successor Deputy Mayor
within thirty (30) days of vacancy, the position shall be filled by
appointment of the Mayor.
In the case of a vacancy in the office of Deputy Mayor caused
by the death, resignation, or removal of the incumbent Councilor,
the Council shall nominate and elect from its membership a new Deputy
Mayor who shall serve the remainder of the previous incumbent's one-year
term.
[2]
Editor's Note: This Charter amendment has an effective date
of 1-1-2022.
a.
Vacancies. The office of Mayor or a City Councilor
shall become vacant upon death, resignation, removal from office in
the manner authorized by law, or forfeiture of office.
b.
Forfeiture of Office. The Mayor or a City Councilor shall forfeit
that office if that office holder:
[Amended 11-6-2018[1]]
1.
Lacks at any time during the term of office any qualification for
the office prescribed by this Charter or by law.
2.
Violates any express prohibition of this Charter.
3.
Is convicted of a crime or offense involving moral turpitude.
4.
Fails to attend three consecutive regular meetings of the City Council
without being excused by the City Council.
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
c.
Filling of Vacancies.
1.
A vacancy in the office of Mayor shall be filled by the Deputy Mayor, as provided in Section 2.05(c), and the new Mayor shall hold that office until the first Monday in December following the next regular municipal election. The remaining unexpired term of the Mayor's office, if any, shall be filled at that next regular municipal election. If such vacancy occurs less than seventy-five (75) days before the next regular municipal election, the unexpired term shall be filled by a special election within one hundred five (105) days from the day the vacancy is created. The vacancy created in the City Council by the elevation of the Deputy Mayor shall be filled in accordance with the provisions of Section 2.06(c)(2). A successor Deputy Mayor shall be selected by the City Council at the second regular meeting after certification of the results of the next regular municipal election.
[Amended 11-2-2021[2]]
[2]
Editor's Note: This Charter amendment has an effective date
of 1-1-2022.
2.
In the case of a vacancy created in the City Council,
the City shall notify the general public and request letters of interest
for a period of not less than twenty-one (21) days. The City Council
shall nominate and the City Council confirm with a majority vote,
from those letters of interest, an eligible and qualified resident
of the applicable ward following a Public Hearing before the Council,
to hold office until the remainder of the term can be filled at the
next regular municipal election. After following the process identified
above, if the City Council fails to fill the vacancy within 30 days,
then the Mayor shall appoint a qualified resident to the seat, who
shall hold it for the same length as if appointed by City Council.
If such vacancy occurs less than seventy-five (75) days before the
next regular municipal election to fill the office of Councilor the
unexpired term of the Councilor shall be filled by a special election
within one hundred five (105) days from the day the vacancy is created.
[Amended 11-2-2021]
a.
The Mayor shall be the Chief Executive Officer of
the City and shall be recognized as the head of the City government.
c.
The Mayor shall have the power to veto any appropriations order,
or any severable portion of any appropriation order without effecting
the validity of the remainder of the order. If there is a veto of
any such measure, that measure, with the Mayor's written objections,
shall be returned at the next regular meeting of the City Council,
and the City Council shall proceed to reconsider the same. If, upon
reconsideration, it shall be passed by a vote of not less than five
(5) members of the City Council, it shall have the same validity as
if signed by the Mayor.
[Amended 11-6-2018[2]]
[2]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
d.
Appointments. The Mayor shall appoint and the City
Council confirm all members of municipal boards, committees, commissions
or other municipal appointed positions created herein or that may
be hereafter created of the City of Saco. All candidates interested
in serving on a municipal board, committee, commission or other municipal
appointed position created herein or that may be hereafter created;
shall be a resident of the City of Saco; and must be a registered
voter in the City of Saco throughout their term. All candidates shall
apply for consideration for appointment by application filed with
the City Clerk.
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If an appointment has not been made by the Mayor and confirmed
by City Council within thirty (30) days from the date of the vacancy,
or a candidate fails to be confirmed by a majority of the City Council,
the City Council shall then proceed to fill the vacancy-based upon
applications received to that date. If in the event no candidates
for filling the vacant membership has applied, or no suitable candidate
identified, the Mayor shall be provided the opportunity to appoint
within another 30 days. If after sixty (60) days from the date of
vacancy no candidate has been appointed and confirmed, the City Council
shall then proceed to fill the vacancy.
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A vacancy in the membership on a municipal board, committee,
commission or other appointed positions shall be determined upon the
notification of the City Clerk about occurrence of any of the following:
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1.
The death of a member;
2.
The effective date of the resignation of a member;
3.
The expiration of the term of office;
4.
Three unexcused absences during a one-year period;
5.
The removal by City Council for having engaged in misconduct, criminal
activity, or for violating the Code of Ethics/Conduct of the City,
or otherwise acting in violation of their oaths of office;
6.
No longer a registered voter in the City.
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A member may resign by submitting a written resignation to the
Chairperson, the Mayor, City Council and City Clerk for the resignation
to be valid. The member's office shall become vacant on the effective
date the resignation.
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The Mayor may serve as a non-voting member of all municipal
boards and commissions, except where prohibited by law. The Mayor
shall, at the beginning of each Council year, appoint a Councilor
to serve as a liaison to each and every municipal board, body, or
commission. The liaison's term shall run for one year. The Mayor
may only appoint a new liaison to any municipal board, body, or commission
during the Council year if a vacancy arises, in which event the Mayor
shall appoint a successor liaison to serve out the balance of the
Council year.
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[3]
Editor's Note: This Charter amendment has an effective date
of 1-1-2024.
e.
The Mayor shall have no administrative duties except
those expressly granted by this Charter.
f.
The Mayor shall have frequent conferences with the City Administrator.
The Mayor will keep the City Council informed as to the progress on
all City Council directives, the general financial standing of the
City, the current status of all negotiations, Administrative proposals
for future City plans, and recommendations for City Council action.
The Mayor will request any information and supporting documents that
the Mayor believes are necessary in order for the Mayor and the City
Council to make reasoned and informed decisions on matters coming
before the City Council or its member Committees.
[Amended 11-6-2018[4]]
[4]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
g.
The Mayor shall exercise such other powers and perform
such other duties as may be prescribed by this Charter, by ordinance,
or by applicable State law.
a.
Meetings. The City Council shall meet regularly at
least once in every month at such times and places as the City Council
may prescribe by rule. Special meetings shall be held on the call
of the Mayor or of four City Councilors upon not less than twenty-four
(24) hours notice to each City Councilor to be given in hand or left
at the usual dwelling place of each City Councilor. Only those matters
set forth in the call for the special meeting may be acted upon at
the special meeting. All meetings shall be public.
b.
Rules and Journal. The City Council shall determine
its own rules and order of business at the first meeting of each newly
elected City Council. The City Council shall provide for the keeping
of a journal of its proceedings. This journal shall be a public record
and shall be kept in the office of the City Clerk.
c.
Voting. Voting, except on procedural motions, shall
be by open roll call, and the Ayes and Nays shall be recorded in the
journal. Four members of the City Council shall constitute a quorum,
but a smaller number may adjourn from time to time. No action of the
City Council except for adjournment, shall be binding or valid unless
adopted by the affirmative vote of four (4) or more members of the
City Council. No ordinance and no appropriation order or resolve,
other than an emergency action, shall be passed until it has been
read on two separate days at least seven (7) days apart.
d.
Action. The City Council shall act only by ordinance,
order or resolve. All ordinances, orders, and resolves, except those
pertaining to appropriations, shall be confined to one subject which
shall be clearly expressed in the title.
e.
Published Agenda. An agenda shall be prepared for each regular meeting of the City Council. The agenda shall close forty-eight (48) hours before such meeting and shall be made public. No item may be brought before the City Council which does not appear on the agenda, except emergency items authorized by Section 2.10 and Section 6.09(b). Each item on the agenda shall clearly describe the subject to which it relates.
a.
Form. Every proposed ordinance shall be introduced
in writing and in the form proposed for final adoption. No ordinance
shall contain more than one (1) subject, which shall be clearly stated
in its title. The enacting clause shall be "The City of Saco hereby
ordains......"
b.
Procedure. A proposed ordinance shall be placed on the agenda by
the Mayor or any City Councilor at any regular or special meeting
of the City Council. Upon introduction of any ordinance, the City
Clerk shall distribute a copy to the Mayor, to each City Councilor
and to the City Administrator. The Clerk shall file a reasonable number
of copies in the office of the City Clerk and such other public places
as the City Council may designate. A public hearing shall be held
on the proposed ordinance. Prior to public hearing, the Clerk shall
post the entire ordinance and shall publish a brief summary along
with notice of the public hearing. The public hearing shall follow
the publication and the posting by at least seven (7) days, and may
be held separately or in connection with a regular or special City
Council meeting. All persons interested shall have a reasonable opportunity
to be heard. After the hearing, the City Council shall hold a second
reading, no less than seven (7) days and no more than thirty (30)
days, following the date of the public hearing, at which time the
City Council may adopt the ordinance, with or without amendment, or
reject it. As soon as practicable after the adoption of any ordinance,
the Clerk shall post the approved ordinance.
[Amended 6-17-2019[1]]
[1]
Editor's Note: This Charter amendment has an effective date
of 1-1-2020.
c.
Effective Date. Except as otherwise provided in this
Charter, every adopted ordinance shall become effective at the expiration
of thirty (30) days after adoption or any later date specified therein.
d.
"Publish" Defined. As used in this Section, the term "Publish" means
to print at least once in one or more newspapers of general circulation
in the City:
[Amended 6-17-2019[2]]
1.
The date, time and place for the public hearing on a proposed ordinance
and for its consideration by the City Council, or as applicable the
date of adoption and effective date of an ordinance;
2.
A brief summary of the ordinance; and
3.
The place where a full version of the proposed ordinance has been
filed, and the time when it is available for public inspection.
[2]
Editor's Note: This Charter amendment has an effective date
of 1-1-2020.
To meet a public emergency, affecting life, health, property or the public peace, the City Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in Section 6.09(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that the emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or rejected, at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other ordinances. An emergency ordinance, except one made pursuant to Section 6.09(b), shall automatically stand repealed as of the sixty-first (61) day following the date on which it is adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this Section, if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
a.
Authentication and Recording. The City Clerk shall authenticate by
the Clerk's signature, and record in full, in a properly indexed book
for the purpose, all ordinances, orders and resolves adopted by the
City Council.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
b.
Codification. Within every ten (10) year period, the
City Council shall provide for the preparation of a general codification
of all City ordinances having the force and effect of law. The general
codification shall be adopted by the City Council by ordinance and
shall be published promptly in bound or looseleaf form, together with
this Charter and any amendments thereto, and such codes of technical
regulations and other rules and regulations as the City Council may
specify. This compilation shall be known and cited officially as the
Saco City Code. Copies of the Code shall be furnished to City officers,
placed in libraries and public offices in the City of Saco for free
public reference, and made available for purchase by the public at
a reasonable price fixed by the City Council.
c.
Printing of Ordinances. The City Council shall cause
each ordinance having the force and effect of law to be reproduced
promptly following its adoption and the ordinances shall be distributed
or sold to the public at a reasonable price to be fixed by the City
Council. Following publication of the first Saco City Code and at
all times thereafter, the ordinance shall be reduced in substantially
the same style as the code currently in effect and shall be suitable
in form for integration therein.
