Town of Bar Harbor, ME Article III The Town Council

§ C-7 Composition, eligibility, election and terms.

A. Composition. There shall be a Town Council of seven members elected by the qualified voters of the Town in accordance with Article VIII.

B. Eligibility. Only persons who are qualified to vote in elections in the Town of Bar Harbor and have been registered to vote for one year prior to their election to office shall be eligible to hold the office of Councilor.

C. Elections and terms. Each member shall be elected for a term of three years; with the seats to be staggered such that no more than three Councilors are elected to fill expired terms in any one year.

§ C-8 Salary.

[Amended 11-3-2020]

Each member of the Town Council shall be paid an annual salary to be set each year in the annual municipal budget for approval at the Annual Town Meeting, with the provision that the Chair shall be paid a sum greater than other members. Each member's salary shall be paid annually in one lump sum on or about the anniversary date of the date that he/she was sworn into office. In the event that a member vacates his/her office as provided in 30-A M.R.S.A. § 2602(1), as amended, the member's salary shall be prorated based on the number of months that member has held office, to the nearest full month.

§ C-9 Chair and Vice Chair.

The Council shall elect from among its members a Chair and a Vice Chair, each of whom shall serve at the pleasure of the Council. The Chair shall preside at meetings of the Council, shall be entitled to vote on all questions and shall be recognized as head of the Town government for all ceremonial purposes but shall have no administrative duties. The Vice Chair shall act as Chair during the absence or disability of the Chair.

§ C-10 General powers and duties.

A. The Council shall have the power to:

(1) Appoint:

(a) The Town Manager for a term not to exceed three years;

(b) The Town Attorney and an Auditor who shall serve at the will of the Council;

(c) The members of the Planning Board, Board of Appeals, and such other boards and committees for such terms of office with such powers and duties as are provided for by this Charter, Town ordinances and state statutes.

(2) Remove for cause during the term of office after hearing any person appointed pursuant to the provisions of this Charter except those persons who serve at the will of the Council.

(3) By ordinance create, change and abolish offices, departments and agencies, other than offices, departments and agencies established by this Charter. The Council by resolution may assign additional functions or duties to officers, departments or agencies established by this Charter but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency. The Council may, however, vest in the Town Manager all or part of the duties of any office under this Charter, with the exception of that of the Town Clerk, Town Assessor or Town Attorney.

(4) Convey or authorize the conveyance of real estate acquired by mature tax mortgage liens and the lease or authorization for lease of Town-owned property for a term of not longer than 15 years including any renewal options.

(5) Adopt an annual budget which shall be presented to the Warrant Committee as provided by this Charter, and cause the detailed budget to be printed in the Town Report; provided, however, that the recommendations and comments of the Warrant Committee shall be printed and made available as required by provisions in § C-36 for distribution prior to Town Meeting. At a minimum the detailed budget shall include:

(a) A budget message from the Town Manager explaining in narrative fashion the revenues, expenditures and fund balances;

(b) Calculation of the estimated tax rate;

(c) Budget summary by cost center;

(d) A narrative description of the Capital Improvement Program; and

(e) A spreadsheet showing five years of appropriations for the Capital Improvement Program.

(6) Borrow funds and provide for the execution of notes thereof in anticipation of taxes, said notes to be repaid within the fiscal year in which issued.

(7) Provide for an annual audit.

(8) Dispose of, by sale or otherwise, surplus Town personal property.

(9) Make, adopt, amend and repeal ordinances for any purpose permitted by statute with the exception of those pertaining to zoning except as provided below. In addition to such ordinances, the Council shall have the power to adopt ordinances which:

[Amended 11-3-2020]

(a) Adopt or amend an administrative code.

(b) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.

(c) (Reserved)

(d) Adopt land use ordinance amendments by supermajority vote as defined in §C-14C(3) when:

[1] The land use ordinance change is procedural or minor in that it seeks to correct, modify, or reconcile inconsistencies, contradictions, and errors or to bring the land use ordinance into compliance with state statutes pertaining to municipal zoning; and

[2] The land use ordinance change is first recommended to the Planning Board by the Planning Director and upon review and after a public hearing, the Planning Board recommends it to the Town Council by a supermajority vote [as defined in §C-14C(3)].

(e) Provide for the compulsory attendance of witnesses, the administering of oaths and the compulsory production of evidence in connection with investigations into the affairs of the Town and the conduct of any Town department (including the School Department), office or agency or in connection with any hearing provided for by this Charter involving the forfeiture of office of any Councilor, Superintending School Committee member or Warrant Committee member, or the dismissal of any Town employee or member of any Town board.

(f) Adopt or amend a Code of Ethics, governing all elected and appointed Town officials, including without exception the members of the Town Council, Superintending School Committee and Warrant Committee and their appointees. Any Code of Ethics adopted under this section shall be based on the following principles: that elected officials and their appointees be fair, impartial and responsive to the needs of the people and each other in the performance of their respective functions and duties; that decisions and policy be made in proper channels of the Town's governmental structure; that public office not be used for personal gain; and that members of the Town Council, Superintending School Committee, Warrant Committee and their appointees maintain a standard of conduct that will inspire public confidence in the integrity of the Town's government. Any Code of Ethics adopted under this section shall take precedence over §§ C-53 and C-54 of the Charter, in the event that an interpretational conflict arises in regard to these sections.

(10) Apply for grants and accept such grants, provided that no monetary or other obligation not authorized by Town Meeting is entailed or required.

(11) Approve proprietary budgets for revenue producing facilities as defined by M.R.S.A. Title 30-A, Chapter 213, the Revenue Producing Municipal Facilities Act.

(12) Exercise all other powers of the Town of Bar Harbor not otherwise specifically reserved to the Town Meeting.

B. Notwithstanding the foregoing, nothing contained herein shall diminish the right of the citizens of the Town of Bar Harbor at a Town Meeting to approve or disapprove acts of the Town Council, whether such acts be by ordinance or otherwise.

§ C-11 Prohibitions.

A. Holding other office. Except where clearly authorized by law, or pursuant to an agreement under the Interlocal Cooperation Agreement Act, no Councilor shall hold any other Town office or Town employment or serve as an independent contractor for the Town while serving as a member of the Council. When interpreting this section "Independent contractor" shall have the same definition as contained in 39-A M.R.S.A. § 102.

B. Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Town administrative officers or employees whom the Town Manager or any of the Manager's subordinates is empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment or removal of such officers or employees.

C. Interference with administration. Neither the Council nor its members have authority over Town employees, except through the Manager. Neither the Council nor its members shall give orders to any such employee, either publicly or privately.

§ C-12 Vacancies; forfeiture of office.

A. Occurrence of vacancies. The office of Councilor shall become vacant upon his/her nonacceptance, resignation, abandonment, death, permanent disability, permanent incompetency, failure to qualify for the office within 10 days after written demand by the Council, forfeiture of office or failure of the municipality to elect a person to the office.

B. Forfeiture of office.

(1) A Councilor shall forfeit his/her office if the Councilor:

(a) Lacks at any time during the Councilor's term of office any qualification for the office prescribed by this Charter or by law;

(b) Violates any express prohibition of this Charter;

(c) Is convicted of a crime or offense which is reasonably related to his/her inability to serve as Councilor; or

(d) Fails to attend three regular meetings of the Council without being excused by the Council.

(2) Any Councilor deemed to have forfeited the office of Councilor under this section shall be notified in writing by certified mail by the Council.

C. Filling of vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular election held more than 60 days after the occurrence of the vacancy. The Council by a majority vote of all of its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. Notwithstanding the requirement of a quorum in § C-14C, if at any time the membership of the Council is reduced below that requirement, the remaining members may by majority action appoint additional members to raise the membership to the number required; such appointed members shall serve until succeeded by a person duly elected to fill the vacancy.

§ C-13 Judge of qualifications.

The Council shall be the judge of the election and qualification of all officers elected by the voters under the terms of this Charter and of the grounds for forfeiture of their office and for that purpose shall have the power to provide for compulsory attendance of witnesses, the administering of oaths, and the compulsory production of evidence. An officer charged in writing with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand, made within 10 days of receipt of notice of forfeiture. Notice of such hearing shall be published in one or more newspapers of general circulation in the municipality at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.

§ C-14 Procedure.

A. Meetings. The Town Council shall convene within two days following the annual election for purposes of organizing as provided by statute and this Charter.

B. Rules and journal. The Council shall annually determine its own rules and order of business and shall provide for keeping a record of its proceedings, which shall be kept for public record.

C. Voting.

(1) Voting, except on procedural motions, shall be by roll call, and the ayes and nays and abstentions shall be identified and recorded in the journal. A majority of the Council shall constitute a quorum for purposes of conducting an official meeting and transacting municipal business, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. Except as otherwise provided in this Charter, the required majority to effectuate the passage, adoption or enactment of an item shall be a simple majority of a quorum.

(2) Each Councilor in attendance shall vote on all issues and questions presented for vote except when a valid conflict of interest is stated and recognized by a majority vote of the Council. If any Councilor does abstain from a vote other than because of a recognized conflict of interest, he/she shall be considered to have cast a vote with the majority and the record shall so show.

[Amended 11-3-2020]

(3) Qualifying land use ordinance amendments as described in § C-10A(9)(d) must be recommended to the Town Council by a supermajority of the full membership of the Planning Board and must be approved by a supermajority of the full membership of the Town Council.

[Added 11-3-2020]

(a) For the purpose of this Charter, "supermajority" shall be defined as 2/3 of the full membership of the body rounded up to the nearest whole number. (e.g., four in a five-member body and five in a seven-member body). In the case of a body of three members or less a supermajority shall be defined as a unanimous vote.

§ C-15 Ordinances in general.

A. Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The Town of Bar Harbor hereby ordains..." Any ordinance which repeals or amends the provisions of an existing ordinance or part of the Town of Bar Harbor Code shall set out in full the ordinance sections or subsections to be repealed or amended and shall indicate matter to be omitted by strikeout type and shall indicate new matter by underscoring. Any ordinance which repeals or amends an existing ordinance in its entirety need not include the provisions of the existing ordinance to be repealed.

B. Procedure. An ordinance may be introduced by any member at any regular or special meeting of the Council. Upon introduction of any ordinance, the Town Manager shall distribute a copy to each Council member and to the Manager, shall file a reasonable number of copies in the office of the Town Clerk and such other public places as the Council may designate, and shall publish the ordinance together with a notice setting out the time and the place for a public hearing thereon and for its consideration by the Council. The public hearing shall follow the publication by at least seven days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested shall have a reasonable opportunity to be heard. After the hearing the Council may adopt the ordinance with or without amendment or reject it, but, if it is amended as to any matter of substance, the Council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hereinbefore required in the case of a newly introduced ordinance. As soon as practicable after adoption of any ordinance, the Town Manager shall have it published again together with a notice of its adoption.

C. Effective date. Except for budget ordinances or as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein.

D. "Publish" defined. As used in this section the term "publish" means post on the Town website and to print in one or more newspapers of general circulation in the Town:

(1) The ordinance or a summary thereof; and

(2) The places where copies of it have been filed.

§ C-16 Emergency ordinances.

To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the Council plus one shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective immediately upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

§ C-17 Authentication, recording, codification and printing.

A. Authentication and recording. All ordinances of the Council shall be authenticated by the signature of the Chair of the Council and recorded in full by the Town Clerk in a properly indexed book kept for the purpose.

B. Codification. The Council shall provide for the preparation of a general codification of all ordinances. The general codification shall be adopted by the Council by ordinance and shall be printed promptly in bound or loose-leaf form, together with this Charter and any amendments thereto, and other rules and regulations as the Council may specify. Any codification ordinance may be published by title. This compilation shall be known and cited officially as the "Town of Bar Harbor Code." Copies of the Code shall be furnished to officials, placed in libraries and public offices for free public reference, posted to the Town website and made available for purchase by the public at a reasonable price fixed by the Council.

C. Publishing of ordinances. Promptly following adoption, Council shall cause each ordinance and each amendment to this Charter to be posted to the Town website, printed and distributed or offered to the public at reasonable prices to be fixed by the Council. The ordinances and Charter amendments shall be published in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein.