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.[1]
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)
[1]
Editor's Note: On 2-1-1982, the City Council provided that the number of wards be reduced from six to four. On 8-1-2011, the City Council approved that the number of voting wards be reduced from four to one.
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)