[Ref. of 11-7-1995; amended 11-6-2018]
A.
There shall be a Mayor for the Town of Cumberland who shall be elected
at the general election in even numbered years for a term of four
(4) years and until his or her successor is elected and qualified.
The term of the Mayor shall begin at 12:01 p.m. on the first Sunday
after the first Saturday in January of the year following his or her
election.
B.
Term Limits. Any person who is elected to the office of Mayor shall
serve no more than two (2) four (4) year terms consecutively. Thereafter
he or she shall be ineligible to serve as Mayor until the passage
of four (4) years.
C.
The term of four (4) years and maximum of two (2) consecutive terms
shall not take effect until the election following the election year
in which this amendment is approved by a majority of the qualified
voters of the Town of Cumberland so voting.
The Mayor shall be a legal resident of the Town for at least
two (2) years next preceding his election and be a qualified elector
of the Town.
The Mayor shall receive such annual salary of not less than
thirty-five thousand dollars ([$]35,000) as may be prescribed by ordinance;
provided that his salary shall not be changed after the filing of
nomination papers for the office or during the term of office for
which he was elected.
[Ref. of 11-5-2002]
In the event the mayor is unable to perform his or her duties
during a temporary absence or temporary disability, the mayor may
designate the council president, or the president pro tempore if the
council president is unable to serve, as acting mayor. In the event
or failure of the mayor to make such designation, the council, by
majority vote, may appoint one of its members, to perform the duties
of the mayor until said mayor shall return or the consecutive absence
or disability shall cease. After ninety (90) days of such consecutive
absence or disability have elapsed the Council may declare the office
of Mayor vacant. While serving as acting Mayor, said designated officer
shall not make any appointments or removals, other than temporary
appointments until he or she shall have served as acting mayor for
ninety (90) consecutive days and then only with the consent of the
Town Council.
[Ref. of 11-5-2002]
In the event of a vacancy of the office of the Mayor, if less
than six (6) calendar months remain until a regular election, and
the office of Mayor is declared vacant, the President of the Town
Council shall act as Mayor; and if the President of the Town Council
shall resign or be unable to act, then the Council shall elect by
a majority of its members, one of its members to serve as acting mayor.
If the time between the occurrence of such vacancy and the next municipal
election is six (6) months or more, the Town Clerk shall call a special
election in the manner prescribed by State law to fill said vacancy
in the office of Mayor.
[Ref. of 11-5-2002; Ref.
of 11-2-2010]
The Mayor shall be the chief executive and administrative officer
of the Town and shall be responsible for the administration of all
departments, offices and agencies except as otherwise provided in
the Charter or by State law. To accomplish this purpose the Mayor
shall:
A.
Appoint any officer, department head, or other employee, except as
otherwise provided and except that he or she may authorize the head
of a department or office to appoint subordinates in such departments
or offices[;] nothing herein contained shall be deemed to preclude
the Mayor from recommending himself for any position that he or she
is authorized hereunder to appoint with the consent of the Council,
provided however, that he or she shall be entitled only to the compensation
paid the Mayor.
B.
Remove for cause, subject to Council approval, following a public
hearing if requested, which shall be conducted by the Town Council,
any officer, department head, or other Town employee except as otherwise
provided.
C.
Notify the Town Council of all his or her other appointments, which
shall be in writing, prior to the next regularly scheduled Council
meeting, following the first Sunday after the first Saturday in January
of the year following his or her election. A Mayor who is re-elected
is still obligated to submit to the Town Council his Department appointments
as noted. In the event of Council rejection the Mayor may not resubmit
the name of the individual to the Council for the same position during
its (the Mayor's) term of office. In the event of a vacancy in an
office which the Mayor may fill by appointment with the approval of
the Council the Mayor may assume the position himself or temporarily
appoint a Town employee to fill the position on an acting basis for
a period not to exceed sixty (60) days. Where the Mayor has appointed
a person as an acting department head for sixty (60) days, said appointee
may be allowed to serve for an additional sixty (60) days and thereafter
with the approval of the Town Council.
[Amended 11-6-2018]
D.
See that all laws and ordinances are enforced.
E.
Negotiate contracts in behalf of the Town subject to the approval
of the Town Council, except as otherwise provided for by this Charter
or State law.
F.
See that the terms and conditions imposed in favor of the Town in
any contract or franchise are faithfully kept and performed and be
responsible for the care and preservation of the property and equipment
of the Town.
G.
Prepare the budget annually, submit it to the Council for appropriate
action, and execute the budget in accordance with appropriations and
ordinances adopted by the Council.
H.
Prepare and submit to the Town Council a comprehensive annual report
of the financial transactions and administrative activities of the
Town within ninety (90) days of the close of each fiscal year and
keep the Town Council advised monthly of the financial conditions
and needs of the Town and make such recommendations as he or she may
deem desirable.
I.
Possess and exercise the veto power in the following manner: every
ordinance enacted by the Town Council shall be submitted to the Mayor
who within ten (10) consecutive days either shall approve the ordinance
by affixing his or her signature or shall return the ordinance to
the Town Council with his or her disapproval by transmitting it to
the Town Clerk with a statement of his objections. No ordinance shall
take effect without the approval of the Mayor unless the Town Council
upon reconsideration shall approve the ordinance by vote of two-thirds
of all its elected members notwithstanding the disapproval of the
Mayor. If the Mayor shall neither approve nor disapprove the measure
within ten (10) consecutive days from the time when it is submitted,
it shall be deemed to be approved and enacted.
J.
Have power and authority to declare a state of municipal emergency
in the event of a disaster, catastrophe, or other similar event, or
the eminent danger thereof, which endangers the health welfare, safety,
or resources of the people of the Town and to take such lawful action
as the Mayor deems necessary to protect the health, safety and security
of the Town and its inhabitants.
K.
Be recognized as official head of the Town government for all ceremonial
purposes and by the Governor for purpose of military law.
L.
Perform such other duties as may be required of him by ordinance
of the Town Council.
[Ref. of 11-5-2002]
A.
Upon certification, the Mayor-elect may appoint a designee or designees
to facilitate the transition to the new administration, current executive
staff shall provide complete and accurate operational and personnel
information to such designee or designees.
