The administration of all fiscal, prudential and municipal affairs
of the Town, with the government thereof, except the general management,
care, conduct, and control of the schools of the Town, and also except
as otherwise provided by this Charter, shall be vested in one body
of seven members, which shall constitute and be called the Town Council.
All members of the Council shall be inhabitants of the Town and shall
be sworn in the manner hereinafter prescribed. Each member of the
Council shall be elected by the registered voters of the entire Town.
Four members shall be considered "at large" Councilors and shall be
residents of any area of the Town. Three members shall be considered
"area" Councilors, and one "area" Councilor shall be a resident of
each of the following areas of the Town:
(a) Cumberland Foreside, Basket Island and Sturdivant Island, which shall
consist of the area bounded on the south by the Atlantic Ocean, on
the west by Falmouth, on the east by Yarmouth and on the north by
the railroad now or formerly known as the Grand Trunk Railroad (railroad
located between Middle Road and Route One).
(b) Cumberland Center, which shall consist of the area bounded on the
south by the railroad now or formerly known as the Grand Trunk Railroad,
on the west by Falmouth, on the east by Yarmouth and North Yarmouth,
and on the north by a line bisecting the Bruce Hill Road and extended
west to the Falmouth town line and east to the North Yarmouth town
line.
(c) West Cumberland, which shall consist of the area bounded on the south
by a line bisecting the Bruce Hill Road and extended west to the Falmouth
town line and east to the North Yarmouth town line, on the west by
Falmouth, on the north by Windham and Gray, and on the east by North
Yarmouth.
Each member shall be elected for a term of three years and until
a successor is elected and qualified.
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Without limitation of the foregoing, the Council shall have
power to:
(a) Appoint the Manager for an initial term not to exceed three years,
reappoint the Manager for additional terms not to exceed three years,
and remove the Manager for cause by a majority of its members. At
least 30 days before such removal shall become effective, the Council
shall, by a majority vote of its members, adopt a preliminary resolution
stating the reasons for the Manager's removal. The Manager may
reply in writing and may request a public hearing, which shall be
held not earlier than 20 days nor later than 30 days after the filing
of such request. After such public hearing, if one be requested, and
after full consideration, the Council by majority vote of its members
may adopt a final resolution of removal. By the preliminary resolution,
the Council may suspend the Manager from duty, but the regular salary
of the Manager shall continue to be paid to the Manager during the
period of suspension. If removal is voted the Council shall cause
to be paid to the Manager, forthwith, any unpaid balance of his salary
for the next one calendar month. The Council shall review annually
the performance of the Town Manager and present said review to the
Town Manager in executive session.
(b) Appoint the Town Attorney and the Town Auditor to serve at the will
of the Council.
(c) Appoint the Board of Assessment Review, the Board of Adjustment and
Appeals, the Planning Board, the Personnel Appeals Board, and all
statutory and advisory boards to serve such terms of office and subject
to removal under such conditions as may be established by ordinance
or statute.
(d) Appoint the Town Assessor for an initial term not to exceed three
years, reappoint the Assessor for additional terms not to exceed three
years, and remove the Assessor by a majority of Council members.
(e) Create, change, and abolish offices, departments and agencies, other
than the offices, departments and agencies established by this Charter.
The Council may assign additional functions or duties to offices,
departments or agencies established by this Charter but may not discontinue
or assign to any other office, department or agency any function or
duty assigned by this Charter to a particular office, department or
agency. The Council may, however, where not prohibited by law, vest
in the Town Manager all or part of the duties of any office under
this Charter.
(f) Make, alter and repeal ordinances, including the power to enact ordinances
providing for the grant of licenses and permits for the conduct of
any business, as set forth in the laws of the State of Maine, for
such periods of time and in accordance with such rules and regulations
not inconsistent with the law and upon payment by the licensee of
such fees as the Council may establish in such ordinance.
(g) Make investigations into the affairs of the Town and the conduct
of any Town department, office or agency. For this purpose the Council
shall enact an ordinance providing for the compulsory attendance of
witnesses, the administering of oaths, the taking of testimony, and
the compulsory production of evidence.
(h) Adopt, modify and carry out plans proposed by the Planning Board.
(j) Provide for an annual audit.
(k) Exercise all the legislative, financial, borrowing and other powers
now or hereafter given by statute to inhabitants of towns acting in
town meeting and also exercise all the powers now and hereafter given
by statute to municipal officers of towns.
(l) Establish the salaries of officials appointed by the Council, including
the salary of the Town Manager.
(m) Provide for necessary and actual expenses of the Town officers and
officials in the exercise of their official duties.
Councilors shall receive $100 for each Council meeting attended,
not to exceed in the aggregate $2,000 per year in full for their services,
and shall be paid quarterly. The Council Chairman shall receive $2,400
per year. Such compensation shall be changed by ordinance, but no
such ordinance increasing the salary of members of the Town Council
shall take effect during the then current municipal year.
The Council shall meet at the municipal building on the first
Monday following the regular Town election, and at said meeting Councilors-elect
shall be sworn to the faithful discharge of their duties by a notary
public or by the Town Clerk.
The Council shall be the judge of the election and qualifications
of its members and for such purposes shall have power to subpoena
witnesses and require production of records. The Council shall also
determine whether the office of Councilor has become vacant or has
been forfeited as provided herein; provided, however, that the Council
shall conduct a public hearing and give notice and an opportunity
to be heard prior to determining that a seat on the Council has become
vacant or has been forfeited.
The Council shall establish a regular place and time for holding
its regular meetings and shall meet regularly at least once a month.
It shall also provide a method for calling special meetings. During
each meeting there shall be opportunity for public discussion upon
each item on the agenda. The agenda for each Council meeting shall
be posted and distributed in such public places and private establishments
as the Council shall determine.
The Council shall determine its own rules and order of business.
It shall keep a record of its proceedings and the record shall be
open to public inspection.
The Council shall elect from among its members officers of the
Town who shall have the titles of Chairman and Vice Chairman, each
of whom shall serve at the pleasure of the Council. The Chairman shall
preside at meetings of the Council, shall be entitled to vote on all
questions and shall be recognized as head of the Town government for
all ceremonial purposes, and by the Governor for purposes of military
law, but shall have no administrative duties. The Vice Chairman shall
act as Chairman during the absence or disability of the Chairman.
A majority of the Council shall constitute a quorum for the
transaction of business. At least four votes shall be registered in
favor of passage of any ordinance, order or resolution. A smaller
number may adjourn from time to time or may compel attendance of absent
members by subpoena. At least 24 hours' notice of the time and place
of holding such adjourned meeting shall be given to all members who
were not present at the meeting from which adjournment was taken.
The Town Manager shall appoint a Council Secretary who shall
serve as the recorder of the Council meetings and keep record of all
Council proceedings.
The Council shall designate the State Department of Audit or
private certified public accountants who, as of the end of the fiscal
year, shall make an independent audit of accounts and other evidences
of financial transactions of the Town government and shall submit
their report to the Council and the Town Manager. Such accountants
shall not maintain any accounts or records of the Town business but
shall post-audit the books and documents kept by any office, officer,
department or agency of the Town government.