The city council shall consist of seven members elected from the city at large in the manner prescribed in Article
IV of this charter for a term of three years or until their successors have been elected and take office.
The administration of all the fiscal, prudential, and municipal
affairs of said city with the government thereof, except the general
management, care, conduct and control of the schools of said city,
which shall be vested in a school committee as hereinafter provided,
and also except as otherwise provided by this charter, shall be and
are vested in the city council.
The members of the city council shall be and constitute the
municipal officers of the City of Old Town for all purposes required
by statute, and, except as otherwise herein specifically provided,
shall have all powers and authority given to and perform all duties
required of municipal officers and mayors of cities under the laws
of this state. The city council shall act only by ordinance or resolution.
The word "resolution" as used in this charter shall be official action
in the form of a motion and such action shall be limited to matters
required or permitted to be done by resolution by this charter or
by state law and to matters pertaining to the internal affairs or
concerns of the city government. All other acts of the city council,
and all acts carrying a penalty for the violation thereof, shall be
by ordinance.
The city council is hereby constituted the overseers of the
poor of the City of Old Town and shall perform all duties required
of overseers of the poor for cities by statute or otherwise. As such
overseers of the poor they may authorize a clerk or agent to sign
in their name and send written notices and the written answers referred
to or required in sections 29 and 30 of chapter 82 of the revised
statutes, and such written notices and written answers, so signed,
shall have the same effect as if signed by one or more of said overseers
and sent by a member or members of said overseers personally.
For election purposes, said city shall be divided into one ward,
each to contain as nearly as may be convenient, consistently with
well-defined boundaries, an equal number of the inhabitants of said
city; and it shall be the duty of the city council, once in 10 years
and not oftener than once in five years, to revise and, if alternation
is deemed necessary, to alter the boundaries of said wards in such
manner as to preserve as nearly as convenient an equal number of inhabitants
of each ward.
The council shall have the power to increase or decrease the
number of wards provided that the above stated rules regarding "well-defined
boundaries" and "an equal number of inhabitants" shall be observed.
All other powers now or hereinafter vested in the inhabitants
of said city, and all powers granted by this act, except as herein
otherwise provided, shall be vested in said city council.
However, neither the council nor any of its committees or members
shall dictate the appointment of any person to office, or employment
by the city manager, or in any manner interfere with the city manager
or prevent him from exercising his own judgment in the appointment
of officers and employees in the administrative service. Except for
the purpose of inquiry, the council and its members shall deal with
the administrative service solely through the city manager, and neither
the council nor any member thereof shall give orders to any of the
subordinates of the city manager, either publicly or privately.
(Res. of 8-3-1948; Amendments of 11-5-1996)
The city council shall be composed of seven members elected
at large from the qualified voters of the city for a term of three
years and until their successors are elected and qualified, except
that at the first election of members of the city council, the three
members elect who shall receive the largest number of votes cast at
such election shall hold office for three years; the two members elect
who shall receive the second largest number of votes cast at such
election shall hold office for two years; and two members elect who
shall receive the third largest number of votes cast at such election
shall hold office for one year.
Each member shall receive annually the sum of $500, except that
the council president shall receive annually the sum of $700. No councilor
shall be eligible, while a member of the council, for any office or
emolument or profit under the city charter or ordinances. No councilor
shall within one year from the expiration of his term hold the office
of city manager, nor act as city manager. (Amendment of 11-11-1977)
No person may qualify or serve as a member of the Old Town City Council if that person is currently married to a person who holds the position of Old Town City Manager or head of any city department. A candidate may seek election to the city council notwithstanding disqualification under this paragraph, provided that if elected, the disqualification must be removed by resignation of the candidate's spouse from the position concerned no later than the first regular City Council meeting following the candidate's election. If the disqualification has not been removed by such date, the candidate shall not be seated and the remaining City Council members shall declare a vacancy, to be filled in accordance with Article
II, section 5, of this charter. A City Council member duly elected and qualified shall be deemed no longer qualified, and a vacancy declared in accordance with Article
II, section 5, if the council member's spouse is appointed to and accepts the position of Old Town City Manager or department head during the term for which the council member has been elected. (Amended by referendum 11-3-2015)
At the first meeting, or as soon thereafter as possible, the
city council shall elect by majority vote, one of its members as president
of the council for the ensuing year, and until his successor is elected
and qualified, and the city council, from its members, may fill for
the unexpired term any vacancy as president that may occur.
If the president shall fail from sickness, disability, absence
from the city or other cause to attend to and perform the duties incumbent
on him as such president, the remaining members of the city council
may by unanimous vote, after notice and hearing, terminate the term
of office of said president and remove him therefrom, and thereupon
by majority vote may elect some other member of said city council
president and such newly elected member shall thereupon and thereafter
hold the office and perform the duties of president for the balance
of the year, and until his successor is elected and qualified.
The president shall preside at all meetings of the council,
and shall perform such other duties, consistent with this office,
as the council may provide. He shall be entitled to vote, and his
vote shall be counted upon all matters and things as a vote of other
members of the council. The president shall be recognized as the official
head of the city for ceremonial purposes, and shall have the powers
and authority given to and perform the duties required of mayors of
cities for all purposes of military law, and shall act in lieu of
the mayor insofar as representation is provided for the city by the
mayor upon any board or commission by any statute. In the temporary
absence or disability of the president, the city council may select
a president pro tempore from among its number and he shall exercise
all the powers of the president.
In case of a vacancy caused by the death, resignation, removal
from the city, or removal from office, as hereinafter provided, of
any member of the city council more than six months prior to the next
regular city election, the vacancy shall be filled by a special election,
the warrant for which shall upon vote of the city council be issued
by a member of the city council by vote designated for that duty.
Any member of the city council who shall be convicted of a crime
while in office shall, after due notice and hearing before the city
council and the production of the records of such conviction, forfeit
his office.
The city council shall meet at the usual place for holding meetings
at 7:00 p.m. on the first Monday in December following the regular
city election, and at said meeting, the councilmen elect shall be
sworn to the faithful discharge of their duties by a justice of the
peace, or by the city clerk. The city council shall, at its first
meeting, or as soon thereafter as possible, establish by resolution
a regular place and times for holding its meetings, and shall meet
regularly at least once a month.
(Amendment of 12-13-1971; Amendment of 10-14-1975; Amendment
of 6-8-1982)
Special meetings may be called by the president and in case
of his 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 of holding said special
meeting.
A majority of the members of the city council shall constitute
a quorum for the transaction of business, but a smaller number may
adjourn from time to time. 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 city council shall keep a record of its proceedings and
shall determine by resolution its own rules of procedure. The meetings
of the city council shall be open to the public. All ordinances, orders
and resolutions, except orders or resolutions making appropriations
of money, shall be confined to one subject which shall be clearly
expressed in the title.
The appropriation order or resolution shall be confined to the
subject of appropriations only. No ordinance and no appropriation
resolution shall be passed until it has been read on two separate
days, except when the requirement of a reading on two separate days
has been dispensed with by a 4/7 vote of the members of the city council.
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
resolution when called for by any member of the city council. Every
ordinance shall require on final passage the affirmative vote of a
majority of the members of the city council.
Every ordinance before final passage shall be published in one
or more newspapers published and circulated in Penobscot County and
shall take effect and be in full force 10 days from and after it shall
have received final passage by the city council. Within 10 days after
its final passage, said ordinance shall be published in full in one
or more of the newspapers in Penobscot County, but the failure to
publish said ordinance, either before or after final passage shall
not affect its validity or force.
No resolution shall take effect until 10 days after its passage,
except that the city council may, by vote of 5/7 of its members, pass
emergency resolutions to take effect at the time indicated therein,
but such emergency orders of resolutions shall contain a section in
which the emergency is set forth and defined.
(Amendment of 11-5-1996)