The words "Town Charter" mean Chapter 73 of the Private and Special Laws of Maine, 1969, entitled "An Act to Grant a Charter to the Town of South Berwick," and as may be further amended.[1]
[1]
Editor's Note: See the Charter for dates of
amendment.
The Manager is hereby authorized to issue such
administrative regulations consistent with the Town Charter and Town
ordinances as he deems necessary to provide for the adequate functioning
of all departments. All regulations so issued shall comprise the Administrative
Manual which shall be distributed to all members of the Town Council
and all departments and to such others as the Manager may determine
to be necessary or desirable and shall be available in the office
of the Town Clerk for public inspection.
Every Town officer and employee who collects,
has custody of or disburses any public moneys must, prior thereto,
at the expense of the Town, furnish to the Town and maintain in full
force and effect a corporate surety bond in such amount as the Town
Council may determine. Until and unless bonded as required herein,
no officer or employee of the Town shall handle any public moneys
at any time, except employees of bonded officers doing so under their
specific direction and responsibility.
[Amended 9-11-2006]
All warrants for disbursement of money and all
necessary legal documents shall be affirmatively voted and signed
by a majority of the municipal officers at a duly called public meeting,
except as follows: The Treasurer may disburse money on the authority
of a warrant drawn for the purpose, either:
A.
Seen and signed by a majority of municipal officers
acting individually and separately;
B.
Signed as otherwise provided by law for the disbursement
of employees’ wages and benefits and payment of municipal education
costs;
C.
Signed by the Town Manager for the payment of regularly
scheduled items, such as the weekly requirement of the Bureau of Motor
Vehicles and employee retirement contributions; or
D.
Signed by the Town Manager for the payment of unforeseen
and unexpected expenses. The Manager will notify the Council Chairman
within 24 hours of any unforeseen and unexpected expenses. The remaining
Councilors will be notified within seven days.
The Town Council, by order, shall fix the salaries
of officials elected or appointed by the Town Council, including the
salary of the Town Manager for his services as such and for all other
services rendered by him. Salaries of the appointees of the Town Manager
shall be fixed by the Town Manager subject to approval of the Town
Council. Unless otherwise provided, all members of boards and commissions
shall serve as members thereof without compensation.
Every Town official shall keep an accurate account
of all moneys which may by virtue of his office come into his hands
from whatever source, stating from whom received and on what account
the same was paid; he shall pay such moneys to the Town Treasurer
at such periods as the Town Treasurer may require.[1]
The Council may institute through itself or
the Town Manager or any person or committee authorized by them an
inquiry into the conduct of any office, department, agency or officer
of the Town and to make investigations as to municipal affairs and
for that purpose may subpoena witnesses, administer oaths and compel
the production of books, papers and other evidence. Failure to obey
such subpoena or to produce books, papers or other evidence as ordered
under the provisions of this section shall constitute grounds for
malfeasance, nonfeasance or misfeasance.
A.
Notice regarding dangerous structures, abating nuisances,
removing signs or signposts or any other act, the expense of which,
if performed by the Town, may be collected from the property owner
in an action at law, shall be served:
(1)
By delivering the notice to the owner personally or
by leaving the same at his residence, office or place of business
with some person of suitable age and discretion; or
(2)
By mailing the notice by certified or registered mail
to such owner at his last known address; or
(3)
If the owner is unknown, by posting the notice in
some conspicuous place on the premises seven days prior to the date
for compliance.
B.
No person shall interfere with, obstruct, mutilate,
conceal or tear down any official notice or placard posted by any
Town officer unless permission is given to remove said notice.
Every Town Officer shall be duly sworn to the
faithful performance of the duties of his office as provided by the
Town Charter.
All department heads shall keep informed as
to the latest practices in their particular field and shall inaugurate,
with the approval of the Manager, such new practices as appear to
be of benefit to the services and to the public.
A.
Each official who has public property responsibility
shall forthwith make up a list of all such property and deposit said
list over his signature with the Town Clerk. Each such official shall,
at the time of making his annual report, include therein a complete
list of property for which he is responsible. When any official terminates
his duties, he shall check his property list with his successor in
office, or with the Town Manager if the latter so elects and obtain
a release from property liability prior to receiving his final salary
payment due. Each official shall promptly reimburse the Town for the
fair and reasonable value of any property for which he is responsible
and for which he is unable to account, if such loss is due to his
carelessness or negligence. The amount of such reimbursement shall
be determined by the Town Council.
B.
The Town Council hereby establishes the general policy
that no Town property, supplies or equipment of any kind shall be
loaned or rented to any person; the Town Manager is authorized to
make exception hereto when, in his opinion, the circumstances especially
so warrant, in which case he shall specify the terms thereof.
All records and accounts of every office, department
and agency of the Town shall be open to inspection by any citizen
at all reasonable times and under reasonable regulations established
by the Town Manager, except records and documents the disclosure of
which would tend to defeat the lawful purpose which they are intended
to accomplish and except such records as are required by state law
to be kept confidential.
Each department head shall be held responsible
for the preservation of all public records under his jurisdiction
and shall provide a system of filing and indexing the same. No public
records, reports, correspondence or other data relative to the business
of any department shall be destroyed or removed permanently from the
files without the knowledge and approval of the Manager. Each department
head shall retain a copy of all communications issued by him or his
department.
All department, agency and office heads shall
make a monthly report to the Town Manager and such other reports as
may be required by the Town Council or the Town Manager.[1]
A.
Every Town officer having knowledge of any fact concerning
any claim or suit for or against the Town shall report such fact forthwith
to the Town Attorney. It shall be the duty of every employee of the
Town to report at once to the Police Chief facts which may come to
his notice concerning any accident for which the Town may be liable,
and the heads of the several departments, agencies and offices of
the Town shall instruct all their employees to report such facts and
information as aforesaid.
B.
No member of the Town Council shall act as attorney,
agent or representative of any person or corporation in making, prosecuting
or presenting before the Town Council or any Town department, office
or agency any claim or demand against the Town.
The Town Council, at its first meeting after the annual election, shall enact its rules and order of business as provided under Article II, Section 8, of the Town Charter.
A.
The Town Council will meet according to a schedule
adopted by resolution from time to time.
[Amended 8-26-1991]
B.
Special meetings may be called by the Chairman and,
in case of his absence, disability or refusal, may be called by three
members of the Town Council. Notice of such meeting shall be served
in person or left at the residence of each member of the Town Council
at least 24 hours before the time for holding said special meeting
unless all members of the Council sign a waiver of said notice. The
call for said special meeting shall set forth the matters to be acted
upon at said meeting, and nothing else shall be considered at such
special meeting. Nothing in this section shall authorize any meeting
which would violate the Freedom of Access Law.
[Amended 8-26-1991]
C.
A majority of the Town Council shall constitute a
quorum for the transaction of business, but a smaller number may adjourn
from time to time or may compel attendance of absent members. 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.
[Amended 8-26-1991]
D.
The Town Council shall act only by ordinance, order
or resolve. All ordinances, orders, and resolves shall be confined
to one subject, which shall be clearly expressed in the title.
E.
All bylaws passed by the Town Council shall be termed
"ordinances," and the enacting style shall be: "Be it ordained by
the Town Council of the Town of South Berwick, Maine, in Town Council
assembled."
F.
In all votes of command, the form of expression shall
be "ordered," and, of opinions, principles, facts or purposes, the
form shall be "resolved."
G.
Every ordinance, order or resolve shall have a first
reading unless the reading is dispensed with by the unanimous vote
of those present, in which case reading shall be by title only.
H.
The yeas and nays shall be taken upon the passage
of all ordinances and entered upon the record of the proceedings of
the Town Council by the Clerk. The yeas and nays shall be taken on
the passage of an order or resolve when called for by any member of
the Town Council. Every ordinance, order and resolve shall require,
on final passage, the affirmative vote of three members of the Town
Council.
I.
No ordinance shall take effect and be in full force until 30 days from and after it shall have been enacted as required by Article II, Section 11, of the Charter.
J.
Orders or resolves shall take effect immediately upon
passage.
K.
No ordinance, order or resolve shall be in order for
action at any meeting of the Town Council unless such ordinance, order
or resolve shall be filed in the office of the Town Clerk on or before
12:00 noon of the business day next prior to the day of the Town Council
meeting.
[Amended 8-26-1991]
L.
The Chairman shall take the chair at the time appointed
for the meeting, call the members to order, cause the roll to be called
and, a quorum being present, cause the minutes of the preceding meeting
to be read and proceed to business.
M.
The Chairman shall preserve decorum and order, may
speak to points of order in preference to other members and shall
decide all questions of order subject to an appeal to the Council
by motion regularly seconded, and no other business shall be in order
until the question on appeal is decided.
N.
The Chairman shall declare all votes, but if any member
doubts a vote, the Chairman shall cause a recount of the members voting
in the affirmative and in the negative without debate.
O.
When a vote is passed, it shall be in order for any
member who voted in the majority or in the negative on a tie vote,
to move a reconsideration thereof at the same or the next stated meeting,
but not afterwards, and when a motion of reconsideration is decided,
that vote shall not be reconsidered.
P.
Upon the motion for the previous question being made
and seconded, the Chairman shall put the question in the following
form: "Shall the main question be suspended until the motion for the
previous question shall be decided?" After the adoption of said motion
for the previous question by a majority vote, the sense of the Council
shall be forthwith taken upon all pending amendments and then upon
the main question.
Q.
No debate shall be allowed on a motion for the previous
question. Neither is it susceptible to amendment. All questions of
order arising incidentally thereon must be decided without discussion
whether appeal is made from the chair or not.
R.
When a member is about to speak, he shall respectfully
address the Chairman, confine himself to the question under debate
and avoid personalities.
S.
No member speaking shall be interrupted by another,
but by a call to order or to correct a mistake.
T.
Every member present when a question is put shall
give his vote unless the Council, for special reasons, shall excuse
him. Application to be so excused must be made before the Council
is divided or before the calling of the yeas and nays and decided
without debate.
U.
Every motion shall be reduced to writing if the Chairman
shall so direct.
V.
Any member may require the division of a question
when the sense will admit it.
W.
A motion for referral to a committee or administrative
officers, until it is decided, shall preclude all amendments of the
main question.
X.
All questions relating to priority of business to
be acted upon shall be decided without delay.
Y.
The rules shall not be dispensed with or suspended
unless four of the members of the Council consent thereto. No rule
or order shall be amended or repealed without notice, in writing,
being given at the preceding meeting.
Z.
Any person wishing to address the Town Council will
be given an opportunity to do so in accordance with the following
procedure:
(1)
Persons wishing to address the Council on an item
which appears on the agenda shall wait until the Chairman announces
consideration of such item, at which time they may address the Council
on that particular item. However, once the Council has begun its deliberations
on an item, no person shall be permitted to address the Council on
such item, and any person desiring to further address the Council
on such item must wait to do so until all items on the agenda have
been completed.
(2)
Any person wishing to address the Council shall signify
his desire by raising his or her hand, and, when recognized by the
Chairman, such person shall thereupon request permission to address
the Council, giving his or her name and address, then designating
the subject matter on which he or she desires to address the Council.
(3)
Persons present at Council meetings are requested
not to applaud or otherwise express approval or disapproval of any
statements made or actions taken at such meeting.
AA.
At the commencement of the municipal year following
Council election or as soon thereafter as possible, the Town Council
shall choose a Chairman and appoint all officials or members of committees
within their Charter responsibility.
[Amended 8-26-1991]
BB.
The Chairman of the Council shall be an ex-officio
member of every standing committee.
CC.
The Chairman of the Council may appoint members of
the Council and/or citizens of the Town to special committees as authorized
by the Council. No committee shall have the power of executive action
unless specifically authorized and shall report back to the Council
for action on its recommendations or proposals.
[Added 7-27-2021]
A.
Pursuant
to 1 MRS § 403-B, and after public notice and hearing, the
above-named body adopts the following policy to govern the participation,
via remote methods, of members of the body and the public in the public
proceedings or meetings of the body.
B.
Members
of the body are expected to be physically present for meetings except
when not practicable, such as in the case of an emergency or urgent
issue that requires the body to meet via remote methods, or an illness
or temporary absence of a member that causes significant difficulty
traveling to the meeting location. The chair or presiding officer
of the body, in consultation with other members if appropriate and
possible, will make a determination that remote methods of participation
are necessary in as timely a manner as possible under the circumstances.
A member who is unable to attend a meeting in person will notify the
chair or presiding officer of the body as far in advance as possible.
C.
Remote
methods of participation may include telephonic or video technology
allowing simultaneous reception of information and may include other
means necessary to accommodate disabled persons. Remote participation
will not be by text-only means such as e-mail, text messages, or chat
functions.
D.
The public
will be provided a meaningful opportunity to attend via remote methods
when any member of the body participates via remote methods. If public
input is allowed or required at the meeting, an effective means of
communication between the body and the public will also be provided.
The public will also be provided an opportunity to attend the meeting
in person unless there is an emergency or urgent issue that requires
the entire body to meet using remote methods.
E.
Notice
of all meetings will be provided in accordance with 1 MRS § 406
and any applicable charter, ordinance, policy, or bylaw. When the
public may attend via remote methods, notice will include the means
by which the public may access the meeting remotely and will provide
for a method for disabled persons to request necessary accommodation
to access the meeting. Notice will also identify a location where
the public may attend the meeting in person. The body will not restrict
public attendance to remote methods except in the case of an emergency
or urgent issue that requires the body to meet using remote methods
of attendance.
F.
The body
will make all documents and materials to be considered by the body
available, electronically or otherwise, to the public who attend remotely
to the same extent customarily available to the public who attend
in person, provided no additional costs are incurred by the body.
G.
All votes
taken during a meeting using remote methods will be by roll call vote
that can be seen and heard if using video technology, or heard if
using audio technology only, by other members of the body and the
public. A member of the body who participates remotely will be considered
present for purposes of a quorum and voting.
H.
This policy
will remain in force indefinitely unless amended or rescinded.
[Added 11-15-2022]
A.
Purpose. The purpose of this policy is to set the training expectations
for the South Berwick Town Council members so they can become familiar
with their job duties and responsibilities.
B.
Policy. All Town Council members will receive Council orientation
by the Town Manager and the Town Attorney annually. Training will
be done in the form of informal training from the Town Manager and
formal training from Maine Municipal Association.
C.
Section A - informal training.
(2)
Town Council members will be asked to sign an acknowledgment stating
they have read and understand these specific Code sections and the
Charter. The acknowledgement form will be kept in the Council member's
file located in the Assistant Town Manager's office.
D.
Section B - formal training. Formal training will be completed by
attending MMA's Roles of Elected Officials and Municipal Managers
Workshop.
E.
Section C - training requirements. Within six months of election
or as soon as applicable Town Council members will participate in
the Elected Official workshop provided by MMA.
