City of Belfast, ME Article VI Administration

Sec. 1 Appointments.

The administrative officers and boards of the City shall be appointed in the following manner:

a. Council appointments. The City Council by motion or resolution adopted by majority vote of its members shall appoint, the City Manager, City Clerk, City Attorney, Treasurer, Tax Collector, and Tax Assessor, and all other boards and officers not otherwise provided for by the City Charter.

b. City Manager appointments. The following officers and boards shall be appointed by the City Manager, subject to confirmation by the City Council: Director of Public Works, Chief of Police, Chief of the Fire Department, Health Officer, City (Internal) Auditor, Code Enforcement Officer, and all other department heads, whose position may be created by motion, order, ordinance, or resolve of the City Council, and all other officers and employees.

Sec. 2 Scope of ordinance or resolve.

The City Council shall have the power by ordinance or resolve:

a. To create any new municipal department.

b. To create any new appointive office.

c. To divide the duties of any office between two or more offices.

d. To appoint or authorize the appointment of assistants or deputies in any office.

Sec. 3 Personnel administration.

The City Council shall provide, by ordinance, for a system of administrative personnel rules for handling the personnel matters of municipal employees which shall be titled "Administrative Personnel Code of the City of Belfast."

Sec. 4 Appointive officers, tenure, removal.

All appointive officers and boards, whose terms are not specified in this Charter, shall hold office for a term of office decided by the appointing power, in the sole discretion of the appointing power. With the exception of the City Manager [whose removal is governed by Article VI, Sec. 6 (c)], all officers and members of the boards appointed by the City Council may be removed from office by the City Council, for cause, upon written charges and after a hearing.

Sec. 5 Salaries.

The City Council shall fix by order the salaries of the appointees of the Council. Salaries of the appointees of the City Manager shall be fixed by the City Manager subject to the approval of the Council.

Sec. 6 City Manager.

a. Eligibility. The City Manager shall be chosen by the City Council solely on the basis of his executive and administrative qualifications, and need not be a resident of the City of Belfast or the State of Maine at the time of his appointment.

b. Powers and duties of the City Manager. The City Manager shall be the administrative head of the City Government, and shall be responsible to the City Council for the administration of all departments. The powers and duties of the City Manager shall be as follows:

(1) See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by officers subject to the manager's direction and supervision, are faithfully executed.

(2) Direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by this Charter of [or] by law.

(3) Appoint and when necessary for the good of the City, suspend, or remove all City employees and appointive administrative officers provided for by and under this Charter except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. The City Manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department or agency.

(4) Attend all City Council meetings. The City Manager shall have the right to take part in discussions but shall not vote.

(5) Keep the Council fully advised concerning the business, financial condition and future needs of the City.

(6) Act as purchasing agent for the City and all departments, except schools.

(7) Conduct sales of public property authorized by the City Council.

(8) Prepare and submit the annual budget and capital program to the City Council.

(9) Make such other reports as the City Council may require concerning the operations of the City departments, offices, and agencies subject to the City Manager's direction and supervision.

(10) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City at the end of each fiscal year.

(11) Provide staff support services for the Mayor and City Council members.

(12) Perform such other duties as may be prescribed by this Charter or required by the City Council.

c. Removal of the City Manager. The City Manager may be suspended by a resolution approved by the majority of the total membership of the City Council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the City Manager. The City Manager shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a hearing, which shall not occur earlier than 10 days nor later than 15 days after such hearing is requested. After full consideration, the City Council by majority vote of its total membership may adopt a final resolution of removal. The City Manager shall continue to receive full salary until the effective date of a final resolution of removal.

d. Vacancy in the office of the City Manager. In the event of a vacancy in the office of the City Manager, or during the absence or disability of the Manager, the City Council may designate a properly qualified person to perform the duties and fix the compensation.

Sec. 7 Duties of administrative officers, prescribed by City Council.

The duties of administrative officers other than the Manager may be prescribed by the City Council. Such duties shall not be inconsistent with the provisions of this Charter.

Sec. 8 Establishment; boards, commissions, and committees.

The City Council may establish and appoint such boards, commissions and committees, not otherwise provided for in this Charter, which it may determine to be needed from time to time. City Councilors and City employees shall not constitute a majority of any board, commission or committee not provided for in this City Charter. City Councilors or City employees shall not serve as the chairperson [chair].

Sec. 9 [Establishment of standing committees.]

The City Council shall establish the following standing committees: Zoning Board of Appeals, Comprehensive Planning and Review Committee, Harbor Committee, Planning Board, and Board of Assessment Review.

a. Zoning Board of Appeals.

(1) Term of office. There shall be a standing Zoning Board of Appeals consisting of five voting members appointed by the City Council, for a term of three years; and one associate member for a term of three years. The associate member shall act in the stead of a member who is unable to act because of interest, physical disability or temporary absence from the State.

(2) Vacancies. In the event of a vacancy on the Zoning Board of Appeals, the City Council, in accordance with its appointive authority, shall fill the vacancy for the unexpired term.

(3) Powers and duties. The powers and duties of the Zoning Board of Appeals shall be in accordance with the provisions of law applicable thereto.

(4) Exception. No City Councilor shall be appointed a member or associate member of the Zoning Board of Appeals.

b. Comprehensive Planning and Review Committee (ComPlanCom).

(1) Term of office. There shall be a standing Comprehensive Planning and Review Committee consisting of seven voting members, one member appointed from each ward by the City Council, and two members appointed At-Large, all appointed by the City Council, each for a staggered term of two years.

(2) Vacancies. In the event of a vacancy on the Comprehensive Planning and Review Committee, the City Council, in accordance with its appointive authority, shall fill the vacancy for the unexpired term.

(3) Powers and duties. The powers and duties of the Comprehensive Planning and review Committee shall be in accordance with the provisions of Title 30-A M.R.S.A. § 4324 et seq., other law applicable thereto, and such initiatives as requested by the City Council. This committee will conduct all of its meetings in open public session according to 30-A M.R.S.A. § 4324(4).

(4) Exception. No City Councilor shall be appointed a member or associate member of the Comprehensive Planning and Review Committee. On occasion, the City Council may meet with the ComPlanCom in order to assure mutually agreeable goals and objectives.

c. Harbor Committee:

(1) Term of office. There shall be a standing Harbor Committee consisting of five voting members and one associate member, all appointed by the City Council each for a staggered term of two years.

(2) Vacancies. In the event of a vacancy on the Harbor Committee, the City Council, in accordance with its appointive authority, shall fill the vacancy for the unexpired term.

(3) Powers and duties. The powers and duties of the Harbor Committee shall be in accordance with the provisions of law applicable thereto, and in particular, Title 38 M.R.S.A. §§ 1-13. Said committee shall have such other powers and duties as the City Council may from time to time confer or require.

(4) Exception. No City Councilor shall be appointed a member or associate member of the Harbor Committee.

d. Planning Board.

(1) Term of office. There shall be a standing Planning Board consisting of five voting members appointed by the City Council; one each year for a term of five years; and two associate members appointed for a term of five years as an associate member.

(2) Vacancies. In the event of a vacancy on the Planning Board, the City Council, in accordance with its appointive authority, shall fill the vacancy for the unexpired term.

(3) Powers and duties. The powers and duties of the Planning Board shall be in accordance with the provisions of law applicable thereto and, said board shall have such other powers and duties as the City Council may from time to time confer or require.

(4) Exception. No City Councilor shall be appointed a member or associate member of the Planning Board.

e. Board of Assessment Review.

(1) Term of office. There shall be a standing Board of Assessment Review consisting of three members appointed by the City Council, so that one member shall be appointed for one-year, one member for two years, and one member for three years; thereafter following the initial appointment of members, the term of each new member shall be three years. Two associate members shall also be appointed by the City Council. One associate member shall be appointed for a term of one-year and the other associate member shall be appointed for a term of two years.

(2) Vacancies. In the event of a vacancy on the Board of Assessment Review, the City Council, in accordance with its appointive authority, shall fill the vacancy for the unexpired term.

(3) Powers and duties. The powers and duties of the Board of Assessment Review shall be in accordance with the provisions of law applicable thereto.

(4) Exception. No City Councilor shall be appointed a member or associate member of the Board of Assessment Review.

Sec. 10 Establishment of other boards, committees and commissions.

The City Council may establish and appoint such boards, committees and commissions not otherwise provided for in this Charter which it may determine to be needed from time to time.