For the purpose of all elections, the City shall be divided
into seven wards. The City Council shall, once every 10 years, by
ordinance establish compact and contiguous wards of approximately
equal population. The City Council, for voting purposes, may by ordinance
divide said wards into further voting wards.
[Amended 11-6-2012; 11-8-2016]
The City Council shall be composed of nine members, who shall
hold office for a term of two years and until their successors are
elected and qualified. The City Council shall serve as the Municipal
Officers, and be composed of the nine Council members. A candidate
for City Council shall be a resident of the City of Biddeford for
at least six months prior to the date on/or before which nomination
papers are to be filed. Councilors shall be elected by the registered
voters of the City; two shall be elected at large, and one shall be
elected from each of the seven wards in which they reside and which
they seek to represent. The Councilors-Elect shall be sworn to the
faithful performance of their duties at 7:00 p.m. on the first Tuesday
after the first Monday in December, following a biennial election,
by the City Clerk or person authorized by law to administer oaths.
They shall receive compensation at the rate of $100 per month, not
to exceed $1,200 per year. No member of the City Council shall be
employed by the City of Biddeford or Biddeford School Department as
an employee or agent, or hold any office or employment, the compensation
of which is payable by the City, during the term for which the Councilor
was elected.
On the first Tuesday after the first Monday in December following
the regular municipal election, or as soon thereafter as possible,
the City Council shall elect one of its members as President of the
Council for the entire term, and until a successor is elected and
qualified. In case of the death, resignation or inability of the Mayor
to serve, the President of the City Council shall perform the duties
of the Mayor. In the temporary absence or disability of the President,
the Council may select a President Pro Tempore from among its number
and such person shall exercise all the powers of the President.
A vacancy in the membership of the City Council shall occur
in the event of any of the following:
(1)
The death of a member;
(2)
The effective date of the resignation of a member;
(3)
The removal of a member from the ward from which the councilor was
elected, except those elected at large;
(4)
The removal of a member from the City;
(5)
The conviction of a member of a felony while in office;
(7)
The employment of a member by the City of Biddeford or the Biddeford
School Department as an employee or agent.
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A member may submit a resignation, in writing, directly to the
Mayor. Once accepted by the Council, said resignation may not be withdrawn,
and said member's office shall become vacant on that date.
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If a vacancy in the membership of the City Council occurs within
180 days after the previous election, a special election shall be
held within a period not to exceed 60 days of the vacancy. If a vacancy
in the membership of the City Council occurs more than 180 days after
the previous election, the Mayor shall nominate, and the City Council
shall confirm, a person to fill this vacancy within a period not to
exceed 30 days of its occurrence. The person elected/named to fill
a vacancy shall serve until the first Tuesday after the first Monday
in December following the next biennial election.
[Amended 11-6-2012] |
The City Council shall meet at the usual place for holding meetings
at 7:00 p.m. on the first Tuesday in December following the regular
municipal election, or as soon thereafter as possible. The City Council
shall establish a regular place and time for holding its meetings,
and shall meet regularly at least twice a month. The City Council
may, in the absence of the Mayor and the President of the Council,
choose a President Pro Tempore, who shall preside at the meetings
of the Council.
Special meetings may be called by the Mayor, and in case of the Mayor's absence, disability, or refusal, may be called by a majority of the members of the City Council. Notice of such meeting shall be served in person, or left at the residence of each member of the City Council, at least 24 hours before the time for holding the special meeting, and the public shall be notified under the provisions in Article X, Section 3(a) of this Charter.
A majority of the members of the City Council shall constitute
a quorum for the transaction of business.
[Amended 11-8-2016]
The City Council shall keep a record of its proceedings and
shall determine its own rules of procedure and make lawful regulations
for enforcing the same. The meetings of the City Council shall be
open to the public. The City Council shall create an ordinance and
establish procedures to allow the public to address the City Council
at all City Council meetings. Said ordinance shall also establish
procedures to allow any City Councilor (with concurrence of at least
one other City Councilor) the authority to place any item on the agenda
within 30 days. The City Council shall act only by ordinance, order,
or resolve. All ordinances, orders and resolves, except orders or
resolves making appropriations of money, shall be confined to one
subject which shall be clearly expressed in the title. An appropriation,
order or resolve shall be confined to the subject of appropriations
only. No ordinance and no appropriation order or resolve shall be
passed until it has been read on two separate days, except when the
requirement of a second reading on a separate day has been dispensed
with by the vote of 2/3 of the members present and voting. The yeas
and nays shall be taken upon the passage of all ordinances and entered
on the record of the proceedings of the City Council by the Clerk.
The yeas and nays shall be taken on the passage of any order or resolve
when called for by any member of the City Council. Every ordinance,
order, and resolve shall require on the final passage the affirmative
vote of the majority of the members of the City Council. No ordinance
shall take effect until 30 days after its passage, except as herein
otherwise provided for emergency ordinances.
The City Council may, by vote of 2/3 of the members present
and voting, pass emergency ordinances, orders or resolves to take
effect at the time indicated therein, but such emergency ordinances,
orders or resolves shall contain a section in which the emergency
is set forth and defined; provided, however, that the declaration
of such emergency by the City Council shall be conclusive.
The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent auditing,
as it deems necessary.
