City Council
Sections
| 9. Waiver of Publication |
Section 1. Powers and Duties
The Administration of all fiscal, prudential and municipal affairs of said City with the government thereof, except as otherwise provided by this charter, shall be and are vested in one body of seven members and a mayor, which shall constitute and be called the City Council, all of whom shall be qualified voters of said City, and shall be sworn in the manner hereinafter prescribed. Said City Council shall exercise its powers in the manner hereinafter provided.
The members of the City Council shall be and constitute the municipal officers of the City of Gardiner, for all purposes required by statute and except as otherwise herein specifically provided, shall have all the powers and authority given to and perform all duties required of municipal officers and mayors of cities under the laws of this state.
The said City shall be divided into four voting districts, except that it shall be the duty of the City Council at least once in ten years to review and, if alteration is deemed necessary, to alter the boundaries of said voting districts in such manner as to preserve as nearly as convenient an equal number of inhabitants in each voting district.
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.
Section 2. Composition, Election, Tenure of Office
The City Council shall be composed of the Mayor and seven other members. Four members shall be elected, one from each of the Four voting districts provided for in Section 1 of this article. Three members shall be elected at large. The candidate from each voting district receiving the largest number of votes cast in that voting district shall be the elected Council member from that voting district. In elections for at large members, each voter shall be entitled to cast their votes for up to three candidates and the three candidates receiving the largest number of votes cast city wide shall be elected Council members at large. The term of office of all Council members and Mayor shall be for 2 years or until their successors are elected and qualified, voting districts shall be elected for a two year term. Each member, except the Mayor shall receive the annual salary of $1,000 and shall not be eligible while a member of the Council to any office of employment or profit under the City Charter or ordinances, nor to hold the office of City Manager, nor to act as City Manager during the term for which he was elected. No member of the City Council or their spouse shall be employed as an employee of the City during their term of office and for one year after leaving office.
Section 3. Vacancies, Forfeiture of Office
In case of a vacancy caused by the death, resignation, removal from the City, or removal from the office, as hereinafter provided, of any member of the City Council, the vacancy shall be filled temporarily by a majority vote of the remaining members of the Council, and the person qualified. If the vacancy occurs with respect to a particular voting district, the Council shall appoint a voter residing in that district to temporarily fill the vacancy. In this regard, the position of councilman to fill the unexpired term created by this vacancy shall be placed on the ballot at the next regular or special municipal election. The person thus elected at this regular or special election shall take office as soon as possible under the terms of this Charter and shall serve for the remainder of the vacated councilperson's term. The nomination of all candidates for the said regular or special election shall be by petition in accordance with Article V, Sections 3 and 4, or the Charter, submitted not earlier than sixty days nor later than thirty days before such election.
Any member of the City Council who shall convicted of a crime while in office, may after due notice and hearing before the City Council, be removed from office.
Section 4. Regular Meetings and Qualifications
The Council shall meet at the usual place for holding meetings at 10:00 o'clock a.m. on the 1st Monday in January, biennially, at which time the Mayor-elect and the Council members-elect shall be sworn to the faithful discharge of their duties by a Notary Public or by the City Clerk. Thereafter the Council shall meet at such time and place as may be prescribed by ordinance or resolution, except that it shall meet regularly each month.
Section 5. Special Meetings
Special meetings may be called by the Mayor 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 meetings shall be served in person or left at the residence of each member of the City Council at least 24 hours before the time for holding said special meeting.
Section 6. Quorum
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 shall be given to all members who were not present at the meeting from which the adjournment was taken.
Section 7. Procedure
The Council shall keep a record of its proceedings and shall be judge of the qualification and election of its own members. The Council may determine its own rules of procedure and punish members for misconduct. The meetings of the Council shall be open to the public. The Council shall act only by ordinance, order or resolve; and all ordinances, orders and resolves except resolves making appropriations, shall be confined to one subject which shall be clearly expressed in the title. The appropriation resolves shall be confined to the subject of appropriations. No ordinance and no appropriation resolve shall be passed until it has been read on two separate days, has been dispensed with by the affirmative vote of at least five members of the Council. The yeas and nays shall be taken on the passage of all ordinances and entered on the record of the proceedings of the Council by the Clerk. The yeas and nays shall be recorded on the passage of any order or resolve when shall be recorded on the passage of any order or resolve when called for by any member of the Council. Every ordinance shall require on final passage, the affirmative vote of at least five members of the Council. Every ordinance, before final passage, shall be posted, marked "Proposed Ordinance," at the City Hall and shall take effect and be in full force 30 days from and after it shall have received final passage by the City Council. Within 15 days after final passage said ordinance shall be published in one or more of the newspapers circulated in Gardiner.
No order or resolve shall take effect until 10 days after its passage except that the City Council may, by the affirmative vote of at least five members pass emergency orders or resolves to take effect at the time indicated therein out such emergency orders or resolves shall contain a section in which the emergency is set forth and defined.
Section 8. Adoption and Amendment of Codes by Reference
The Council may adopt or repeal an ordinance which incorporates by reference any code or portions of any code, or any amendment thereof, properly identified as to date and source, without setting forth the provision of such code in full. At least three copies of such code, portion or amendment, which is incorporated or adopted by reference shall be filed in the office of the City Clerk at least 30 days prior to final adoption of the ordinance which incorporates such code, portion or amendment by reference, and shall there be kept available for public use, inspection and examination. Publication of any ordinance which incorporates by reference any code or portions of any code or any amendment thereof, may be waived in accordance with Section 9 of this article.
Any ordinance adopting a code, portion or amendment by reference shall state the penalty for violating such code, portion or amendment, or any provisions thereof separately and no part of any such penalty shall be incorporated by reference.
"Code" means any published compilation of rules or enforceable standards which has been prepared by the American Insurance Association, the Building Officials and Code Administrators International, the International Conference of Building Officials, the National Fire Protection Association, the Southern Building Code Congress, or any department or agency of the Federal Government or the State of Maine, and shall include specifically, but shall not be limited to: building codes, plumbing codes, electrical wiring codes, health or sanitation codes, fire prevention codes, inflammable liquid codes, together with any other code which embraces rules pertinent to the subject which is a proper municipal legislative matter.
Section 9. Waiver of Publication
Publication of any ordinance may be waived by an affirmative vote of at least five members of the Council. If publication is waived, at least three copies of the proposed ordinance shall be filed with the City Clerk within 15 days after final passage and a notice stating that publication has been waived and that copies are available at the City Clerk's office for public inspection, shall be published in one or more of the newpapers circulated in Gardiner within 15 days after final passage.