lewiston-auburn draft charter v 1 jan 2016

7/25/2019 Lewiston-Auburn Draft Charter v 1 Jan 2016

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New LA Charter

Draft 1September 6, 2015

Table of Contents

Key Elements Of The New LA Charter

Preamble

Article 1 - Powers Of The City

Article 2 -City Council

Article 3 - City Manager

Article 4 - Departments, Offices, And Agencies

Article 5 - Financial Management

Article 6 - Elections

Article 7 - Citizen Initiated Referendum And Recall

Article 8 - General Provisions

Article 9 - Charter Amendment

Article 10 - Transition And Severability

Article 11 - Charter Provisions Relating To Schools

Transition Issues


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Key Elements Of The New LA Charter

This is the first draft of a new LA Charter. Here are the some key elements and selected commentary.

1. A Mayor, Council-Manager structure is maintained.

The idea of a strong mayor, who acts as the chief executive of the city, was debated, but after muchdiscussion decided against that approach.

We concluded that the pool of professional city managers was far greater than the pool of mayoralcandidates that have the skills to manage a good sized city. Further, we value the stability andconsistency of a manager who stays in place for many years versus mayors whose longevity likely willbe shorter.

2. City Council will consist of a Mayor and ten (10) City Councilors. p.6

3. Two (2) City Councilors will be elected from each of the five (5) wards. p.6

We suggest a new approach for ward representation. By having 2 persons serving staggered terms

from wards of roughly twice the current size we assure great consistency from election toelection. There will always be one person remaining in place for each ward.

4. One (1) ward will be contained fully within the area of the former Lewiston and the former Auburn. p.6

Given current population levels, this assures that wards will not be carved out in illogical shapes.

5. At least one (1) ward will straddle the river and contain equal population from the former Lewiston andthe former Auburn to the greatest extent possible. p.6

This requirement will help create solidarity as at least one, but more likely two wards will bridge theriver.

This concept offers the possibility that makes possible equal representation based upon councilorresidency from the current Auburn and Lewiston. In other words the mayor, who serves on the councilcould be a resident of Lewiston or Auburn. In addition, of the 4 persons who represent the two riverstraddling wards could all reside in Lewiston or all in Auburn or any variation there of.

6. City Councilors will be elected for a two (2) year staggered term; no term limit. p.6

This ties into the idea of 2 councilors representing each ward and provides built-in continuity fromelection to election.

7. Mayor will be the only city official elected at large for a 2-year term; no term limit. p.6

8. Mayor will be a full voting member of the City Council, the eleventh (11th) member. p.7

We believe the mayor should be a full participant in the actions of the City Council. He or she isessentially an at large Councilor. Further, with the Mayor as a voting member, the Council will have anodd number of members making the chance of a tie vote less likely.

9. Mayor solely appoints members and officers of City Council committees. p.7


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10. Mayor nominates and with advice and consent of City Councilors all other citizens ad-hoc, advisory,and/or standing boards and commissions. p.7

We believe the City Council should have a say in who is appointed by the mayor.

11. Mayor will annually present a State of the City message. p.7

The mayor needs to consistently communicate to the voters, just as the Governor or President doeseach year.

12. The City Council will elect a President. p.7

13. Mayor and Council may, by ordinance, provide for additional compensation for its members service onboards and commissions. p.7

14. Codification of city ordinances will be required. p.10

15. Planning Board and Zoning Board of Appeals will be maintained by city ordinances and will not beprovided for in the charter.

There is no need to put this detail into the charter. We tried to leave out of the charter things that couldbe handled by ordinance, since the requirements to change the charter are so much more difficult thanchanging an ordinance.

16. Mayor and City Council, upon completion of the outside audit, is required to meet with theindependent auditors. p.17

This is prudent and elementally important for good fiscal management.

17. Budget must include an emergency reserve fund of 1/2 of 1% of the citys annual appropriation [not thetax levy]. p.17

Auburn currently uses this tool as a financial cushion. We think it is a smart idea.

18. Mayor and Council, within one (1) year of charter adoption, must adopt a procurement policy. p.18

The elected officials need to understand and approve this most basic policy.

19. A Finance and Audit committee is maintained with expanded duties and responsibilities. p.18-19

We think there needs to be an outside body of citizens who are watching and giving good counsel.

20. Term of elected officials, mayor and councilors, will begin on the first Monday of January following theelection of municipal officers. p.20

21. Name of municipal ballots will be listed randomly and not alphabetically. p.20

We feel this is more fair to the candidatesthan alphabetical order.

22. There is a detailed recall provision, allowing voters to recall any elected official after six (6) months inoffice. p.22-24

This wont happen often, but the procedure needs to be clear.

23. Election of School Committee members mirrors that of City Councilors. p.28


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24. Remainder of the items have to do with transition. The most significant of these are:

First election to be held in in November of 2017 with city councilors and the mayor taking office inJanuary of 2018

Termination of office clause for office holders prior to consolidation. Terms will end when new city

council is seated.

Officers and employees will continue in office until successors are named.

Acting City Manager be appointed until permanent manager is appointed.

Existing departments and agencies which are not specifically abolished by the charter remainunchanged until changed by an ordinance enacted by the new city council.

Pending matters shall continue except as modified by provisions of the charter


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Preamble

We the people of the City of XXXX, under the constitution of the State of Maine, Maine Title 30A, Section 2,Chapter 113, Consolidation, and the other state laws, adopt this Charter in order to secure the benefits ofopen, accountable, and local self-government. In so doing we confer on the City the following powers,subject to certain restrictions and following certain procedures and government structure. Thus, we affirm

the values of representative democracy, equitable government, professional management, and citizenparticipation. It is a vision of an inspired future for this community.


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Article 1

Powers Of The City

Powers of the City

All powers granted to the City by this Charter and State law, except as otherwise specified by thisCharter, are vested in the Mayor and City Council. The Mayor and City Council shall be the municipalofficers of the City for all purposes required by statute or ordinance.

Construction

The Citys powers under this Charter shall be construed liberally in favor of the City, and the specificmention of particular powers in this Charter shall not be construed as limiting in any way the generalpowers granted in this Charter or under the constitution and laws of the State of Maine.

Intergovernmental Relations

The city may exercise any of its powers or perform any of its functions and may participate in the

financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more municipalities,quasi-municipal bodies, the State of Maine or any agency thereof, or of the United States or any agencythereof, in accordance with the terms of the Interlocal Cooperation Act and other statutory provisions.


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Article 2

City Council

General Powers and Duties

The City of XX is a municipal corporation and shall have all the rights, immunities, powers, andprivileges, and shall be subject to all the duties, liabilities, and obligations provided in this Charter andmay enact ordinances, orders, resolves, and regulations not inconsistent with the State of MaineConstitution and laws and may impose penalties for the breach thereof.

Eligibility, Terms, and Composition

Composition.The city council shall consist of a mayor and ten (10) councilors.

The mayor shall be nominated and elected by the qualified voters of the entire city.

The qualified voters of each of the five (5) wards of the city shall nominate and elect two (2) councilors,who shall be qualified to vote in the ward from which elected.

Nominations and elections shall be conducted as provided in Article 6.

Wards.For the purpose of all elections, the city shall be divided into five (5) wards which shall contain,as nearly as possible, the same number of inhabitants. The city council may, by ordinance, divide thewards into precincts for voting purposes.

One ward will be contained fully within the area of the former Lewiston and the former Auburn. At leastone ward will straddle the river and contain equal population the extent possible.

Elections and terms.The mayor and the ward councilors shall be elected at each regular election toserve two-year terms.

The councilors for each ward, each serving two (2) year terms, will be elected on staggered terms. Ina given election 5 of the 10 ward councilors will be standing for election.

There will be no term limits for the mayor and councilors.

Student Representatives. The City Council may appoint by rule non-voting student representativesto serve with the City Council.


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Mayor

The mayor shall:

Preside at meetings of the council

Cast votes at council meetings as a member of the council.

Appoint the members and officers of council committees Assign, subject to the consent of the council, agenda items to committees

Appoint with the advice and consent of the council all members of citizen advisory boards andcommissions except as otherwise provided by ordinance.

Present an annual state of the city message

Represent the city in intergovernmental relationships

Perform other duties specified by the council.

The mayor shall be recognized as head of the city government for all ceremonial purposes and by the

governor for purposes of military law but shall have no administrative duties.

City Council

Council President.The council shall elect for a two-year term, from among its members, a presidentwho shall act as mayor during the temporary absence or temporary disability of the mayor, but thepresident shall have appointive powers only when the temporary absence or temporary disability of themayor exceeds 45 consecutive calendar days. When the president of the council acts as presidingofficer in the temporary absence of the mayor, the president shall be entitled to vote only as a councilor.

Temporary Presiding Officer. In the event of the absence of both the mayor and president of thecouncil at any duly scheduled meeting, the council shall elect from its members a temporary presidingofficer.

Compensation And Expenses

Salaries. The mayor and each of the councilors shall receive an annual salary as set by ordinance.

Additional Compensation. The council may also, by ordinance, provide for compensation forelected officials who are appointed to represent the city on the governing bodies of any joint agency,quasi-governmental organization, or non-profit organization.

Changes In Salaries. No ordinance increasing such salaries shall take effect during the term forwhich the mayor or the councilors were elected.

Reimbursement For Expenses. The mayor and members of the council may be reimbursed foractual expenses incurred in the performance of their duties of office subject to administrative approvaland budgetary limits.

City Employment. No mayor or councilor shall hold employment in any city position during their termin office or within one year after the termination of their last term of office.


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Vacancies and Forfeiture of Office

A vacancy in the office of mayor or city councilor shall exist if the office holder:

(1) Dies;

(2) Resigns;

(3) Moves from area from which elected or appointed;

(4) Is convicted of a crime punishable by imprisonment of one year or more or a crime of a sexualnature or of dishonesty or false statement, regardless of the punishment while in office; or

(5) Is found to be in violation of financial conflict of interest section of this Charter.

(6) Fails to attend three consecutive regular meetings of the city council without being excused bythe council president or city council as a whole.

Judge of Qualifications

The City Council shall be judge of the qualification and election of its members and shall determine andenforce this Charter as well as its rules relating to procedure, misconduct, and forfeiture of office.

City Clerk.

The city clerk shall be the secretary of the council. The clerk shall keep the journal of proceedings andperform such other duties as are assigned to the clerk by law, by this Charter, and by the city council.The clerk shall also give notice of council meetings to its members and shall post appropriate notice ofeach meeting as required by state law and through such electronic means as the council may direct.

Investigations

Upon the affirmative vote of at least eight (8) members [i.e. super majority] of the council, the councilmay make investigations into the affairs of any city department, office, or agency, and for this purposeshall enact an ordinance providing for the conduct of such investigations.

Procedure

Meetings.The council shall first meet on the first regular meeting day in January and regularly, at least

once in every month, at such times and places as the council may prescribe by order.

Special meetings may be held on the call of the mayor or a majority of members of the council by

causing a notification to be given in hand or through such other method of notification that the council

may establish by order. Such notice shall be given not less than six (6) hours before the special

meeting.

Quorum. A majority of the elected members of the City Council shall constitute a quorum for thetransaction of business. A smaller number may adjourn or compel attendance of absent members.

Record. The City Council shall keep a record of its own proceedings which, except for executivesessions, shall be available to the public made available in the office of the city clerk.

Action. The City Council shall act only by oral motion or written ordinance, order, or resolve, exceptthat all acts by which the City Council appropriates or expends funds shall be by written ordinance,order, or resolve.


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All ordinances, orders, and resolves, except resolves making appropriations, shall be confined to onesubject clearly expressed in its title.

Appropriation resolves shall be confined to the subject of appropriations.

No ordinance, order for the issue of bonds or notes, or appropriation resolve shall be passed until it has

been read on two (2) separate days, except when the requirement of a reading on two (2) separatedays has been dispensed by a vote of eight (8) the Councilors.

Every ordinance shall take effect and be in force thirty (30) calendar days after the date of passage,unless otherwise specifically provided in the ordinance.

Ordinances in General

Form. Every proposed ordinance shall be introduced in writing. No ordinance shall contain more thanone (1) subject which shall be clearly expressed in its title. The enacting clause shall be "The City of__________ hereby ordains . . . ." Any ordinance which repeals or amends an existing ordinance shallset out the ordinance sections or subsections to be repealed or amended.

Procedure. A proposed ordinance may be introduced by any member at any regular or specialmeeting of the council. Upon introduction of any ordinance, the city clerk shall distribute a copy to themayor, each council member, and to the city manager; shall file a reasonable number of copies in theoffice of the clerk and such other public places as the council may designate; and shall publish theproposed ordinance, together with a notice, setting out the time and place for a public hearing thereonand for its consideration by the council. The public hearing shall follow the publication by at least four (4)calendar days, may be held separately or in connection with a regular or special council meeting andmay be adjourned from time to time. All persons interested shall have a reasonable opportunity to beheard. After the hearing, the council may adopt the ordinance with or without amendment, or reject it.

Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall becomeeffective at the expiration of thirty (30) calendar days after adoption or at such later date specifiedtherein.

"Publish" defined. As used in this section, the term "publish" means to have printed in one (1) ormore newspapers of general circulation in the city, or made available through such electronic means asmay be established by the city Council

(1) The ordinance or a brief summary thereof prepared by the city clerk,

(2) The places where copies of it have been filed and the times when they are available for publicinspection, and

(3) The date, time and place of the public hearing.


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Emergency Ordinances

To meet a public emergency affecting life, health, property or the public peace, the council may adoptone (1) or more emergency ordinances. An emergency ordinance shall be introduced in the form andmanner prescribed for ordinances generally, except that it shall be plainly designated as an emergencyordinance and shall contain, after the enacting clause, a declaration stating that an emergency existsand describing it in clear and specific terms. An emergency ordinance may be adopted with or withoutamendment at the meeting at which it is introduced, but at least eight (8) affirmative votes shall berequired for adoption. It shall become effective upon adoption or at such later time as it may specify.Every emergency ordinance shall stand repealed as of the sixty-first (61st) calendar day following thedate on which it was adopted; but this shall not prevent re-enactment of the ordinance in the mannerspecified in this section, if the emergency still exists. An emergency ordinance may also be repealed byadoption of a repealing ordinance in the same manner specified in this section for adoption ofemergency ordinances. It shall not be necessary to publish the emergency ordinance prior to itsenactment, but public hearing shall be had thereon.

Codes of Technical Regulations

Standard codes. The City Council may adopt any standard code of technical regulations byreference in an adopting ordinance, provided that such ordinance shall state the title, date of issuance,and issuing authority of the standard code or amendment which is adopted

Authentication and Recording; Codification; Printing of Ordinances and Resolutions

Authentication and Recording.The city clerk shall authenticate by signing and shall record in full in aproperly indexed book kept for the purpose all ordinances and resolutions adopted by the city council.

Review Of Charter And Ordinances

The City Council shall provide for the review of the Citys Charter at least once every ten (10) years.

Codification

Within three years after adoption of the charter a codification process will be started and will be done ona continual basis.


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Article 3

CITY MANAGER

Appointment, Qualifications, and Compensation

The city council shall appoint a city manager and fix the managers compensation. The city managershall serve at the will of the council and shall be appointed on the basis of executive and administrativequalifications and his technical knowledge of municipal management.

The manager need not be a resident of the city or state at the time of his appointment but may resideoutside the city while in office only with the approval of the council.

The manager shall give bond to the city for the faithful discharge of the duties of the office ofadministrator. The bonds premium shall be paid by the city.

Removal

Unless superseded by an employment agreement, the council may remove the manager from office in

accordance with the following procedures:

a. The council shall adopt, by affirmative vote, a preliminary resolution which must state thereasons for removal and may suspend the Manager from duty for a period not to exceedforty-five (45) calendar days. A copy of the resolution shall be promptly served on the manager.

b. Within five (5) calendar days after being served a copy of the resolution, the manager may filewith the council a written request for a public hearing. This hearing shall be held at a regular orspecial council meeting not earlier than fifteen (15) nor later than thirty (30) calendar days aftera request is filed. The manager shall file with the council a written reply to the stated reasonsnot later than five (5) calendar days before the hearing.

c. The council may adopt a final resolution of removal, which may be made effective immediately,by affirmative vote at any time after ten (10) calendar days from the date when a copy of the

preliminary resolution was served upon the manager, if the manager has not requested a publichearing, or at any time after the public hearing, if one is requested.

d. The manager shall continue to receive a salary until the effective date of the final councilresolution of removal.

Acting City Manager

During any vacancy in the office of city manager and during any temporary absence or disability of thecity manager of more than thirty (30) calendar days, the council may designate a properly qualifiedperson to perform the duties of city manager and fix such person's compensation.

During a temporary absence of thirty (30) calendar days or less, the city manager may designate aqualified person to perform the duties of manager during such absence. While so acting, such person

shall have the same powers and duties as those given to and imposed on the city manager.


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Powers and Duties

The City Manager shall be the administrative head of the City government and shall be responsible tothe City Council for the administration of all city affairs and departments other than the Department ofEducation. The City Manager shall have the following powers and duties:

a.To appoint, without confirmation by the city council, all department heads and other officers andemployees responsible directly to the city manager with the exception of the chief financial officer ofthe city who shall be appointed by the city manager and confirmed by the city council.

b.When deemed necessary for the good of the city, to suspend or remove any city employee orappointive administrative officer except as otherwise provided by law, by this Charter or bypersonnel rules adopted pursuant to this Charter. Where council confirmation is necessary forappointment, it shall also be required for removal.

c.To direct and supervise the administration of all departments, offices, and agencies of the City;

d.To attend all City Council meetings, take part in discussions, and recommend for adoption suchadministrative and policy measures as may be deemed expedient, but not to vote.

e.To see that all laws, provisions of this Charter, and acts of the City Council subject to enforcementby the City Manager are faithfully executed;

f.To prepare and submit the annual budget and capital program to the City Council and toimplement the final budget approved by the City Council;

g.To keep the City Council fully advised as to the financial condition and future needs of the City;

h.To encourage and provide staff support for regional and intergovernmental cooperation;

i.To prepare and submit to the council such reports and to perform such other duties as may berequired by the City Council.


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Article 4

Departments, Offices, And Agencies

General Provisions

Creation Of Departments.

The council, by ordinance, may create, change, and abolish offices,departments and agencies, other than the offices, departments, and agencies established by thisCharter. The council, by ordinance, may assign additional functions or duties to offices, departments, oragencies established by this Charter, but may neither discontinue nor assign to any other office,department, or agency any function or duty assigned by this Charter to a particular office, department,or agency.

Direction by City Manager. All departments, offices, and agencies under the direction andsupervision of the City Manager shall be administered by an officer appointed by and subject to thedirection and supervision of the City Manager. The Mayor and Councilors shall direct administrativefunctions of the City solely through the City Manager.

Personnel System

Merit System.All appointments and promotions of city officers and employees shall be made solely onthe basis of merit and fitness. Consistent with all applicable federal and state laws, the city councilshall provide by ordinance for the establishment, regulation, and maintenance of a merit systemgoverning personnel policies.

Legal Officer

There shall be a city attorney nominated by the Manager and appointed by the city council who shallserve at the will of the council. The city attorney shall serve as chief legal advisor to the council, theManager, and all city departments, boards, agencies, committees and commissions. The city attorneyshall represent the city in all legal proceedings and shall perform any other duties prescribed byordinance and law. The city council shall have the right to employ or retain special attorneys, if it deemsit to be in the best interest of the city.


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Article 5

Financial Management

Fiscal Year

(a) Fiscal year. The fiscal year of the city shall be established by the council by resolution.

(b) School committee. The school committee shall comply with and be subject to all the provisions ofthis article to the extent that they are not in conflict with state or federal law.

Submission of Budget and Budget Message

At least 90 calendar days prior to the end of the current fiscal year, the city manager shall submit to thecouncil a budget for the ensuing fiscal year and an accompanying message.

The council may establish regulations and procedures to carry out the purpose of this article.

Budget Message

The city manager's message shall explain the budget both in fiscal terms and in terms of the workprograms.

It shall outline the proposed financial plan of the city for the ensuing fiscal year, describing the importantfeatures of the budget, indicating any major changes and reasons for changes, summarizing the city'sdebt position, and including other material as the manager deems valuable.

It shall also describe the tax impact of the proposed budget.

Budget

The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal

year and, except as required by law or this charter, shall be in such form as the City Manager deemsvaluable or the City Council may require for effective management of the city and alignment withstrategic goals.

The budget shall be clear and comprehensive, showing in detail estimated income, proposed propertytax levy, and all proposed expenditures, including debt service. It shall show comparative figures foractual and estimated income and expenditures of the current fiscal year and actual income andexpenditures of the preceding fiscal year.

It shall indicate in separate sections:

(a) Operations. Proposed expenditures for operations, detailed by offices, departments, andagencies, and the method of financing such expenditures;

(b) Capital Investments. Proposed capital expenditures, detailed by offices, departments andagencies when practicable, and the method of financing each such capital expenditure;

(c) Utilities. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned oroperated by the city and the proposed method of its disposition. (Subsidiary budgets for eachsuch utility giving detailed income and expenditures information shall be attached asappendices to the budget); and


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(d) Comparative Expenses Statements. Comparative statements reflecting actual expendituresfor prior year, projected actual expenditures for the current year, and estimated expendituresfor the next succeeding year shall be clearly shown.

City Council Action on Budget

Notice and Public Hearing. The City Council shall provide public notice of the budget process bycustomary means for:

1. The times and places where copies of the message and budget are available for inspection bythe public, and

2. The time and place of the public hearing which shall take place not less than 7 days and notmore than 15 days City Manager submits the budget to the City Council.

Amendment Before Adoption. After the public hearing, the City Council may adopt the budget withor without amendment. In amending the budget, it may add or increase or delete or decreaseprograms or amounts except expenditures required by law or for debt service or for an estimated cashdeficit, provided that no amendment to the budget shall increase the authorized expenditures to anamount greater than total estimated income.

Adoption. The council shall by resolution adopt the budget not later than 30 calendar days prior to theend of the then current fiscal year. In the event the council fails to adopt the budget at least 30 days priorto the end of the then current fiscal year, the city manager shall, within 10 calendar days thereafter,present a final budget to the council. If the council shall fail to adopt a budget by the last day of the thencurrent fiscal year, the managersfinal budget shall be deemed to be automatically adopted.

Appropriation And Revenue Resolve

Prior to the beginning of the fiscal year the City Council shall adopt an annual appropriation resolvemaking appropriations by department, fund, service, strategy, or other organizational unit andauthorizing an allocation for each program or activity.

Before any new revenues may be collected to fund the budget, including taxes and changes in existingfees, the City Council shall authorize such revenues by an annual revenue resolve.

Amendments after Adoption

Supplemental appropriations.If during the fiscal year the city manager certifies that there arerevenues available for appropriation in excess of the total estimated in the budget, the council maymake supplemental appropriations by resolution and after public hearing up to the amount of suchexcess.

Emergency appropriations.To meet a public emergency affecting life, health, property, or the publicpeace, the council may make emergency appropriations council may by resolution authorize theissuance of temporary notes (a.k.a TAN), which may be renewed from time to time. Such temporary

notes and renewals shall be paid not later than the last day of the next fiscal year in which theemergency appropriation was made.

Reduction of appropriations.If at any time during the fiscal year it appears probable to the citymanager that the revenues available will be insufficient to meet the amount appropriated, the citymanager shall report to the council without delay, indicating the estimated amount of the deficit and anyrecommended remedial action to be taken. The council shall then take such further action by resolutionas it deems necessary to prevent or minimize any deficit.


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Transfer of appropriations.At any time during the fiscal year the city manager may transfer part or allof any unencumbered appropriation balance among programs within a department, office, or agency.Upon written request by the manager, the council may by resolution transfer part or all of anyunencumbered balance to another department, office, or agency.

Limitations.No appropriation for debt service may be reduced or transferred. No appropriation maybe reduced below any amount required by law to be appropriated or by more than the amount of theunencumbered balance.

Effective date.The supplemental and emergency appropriations and reduction or transfer ofappropriations authorized by this section may be made effective immediately upon adoption.

Administration and Fiduciary Oversight of the Budget

Lapse Of Appropriations

Every budgetary account shall lapse at the close of the fiscal year to the extent that it has not beenexpended or encumbered.

Administration Of The Budget

No expenditure may be made or obligation incurred unless the city manager or designee first certifiesthat there is a sufficient unencumbered balance in the appropriate allotment or appropriation.

Except where prohibited by law, the city manager or designee may authorize or make payments ormake contracts for capital improvements to be financed wholly or partly by the issuance of bonds ormake a contract or lease providing for payments beyond the end of the fiscal year.

Capital Program

Submission. The City Manager shall prepare and submit to a meeting of the City Council a multi-yearcapital program no later than 30 calendar days before the final date for submission of the operatingbudget.

Contents. The capital program shall include:

1. A clear summary of its contents;

2. Identification of the long-term goals of the community and how the investments support thosegoals.

3. A listing, cost estimates, and time schedules of all capital expenditures, including school capitalexpenditures, which are proposed to be undertaken with appropriate supporting information asto the necessity for each.

4. Method of financing for each capital expenditure.

5. The estimated annual cost of operating and maintaining the listed items.

6. How the outcomes and performance of the proposed investments will be measured.

7. Review of how key past investments exceeded or fell short of expectations.

8. For past authorizations pending or in process, updated information will be included.


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Planning Board Review.The planning board shall review the proposed capital program each year,and following a public hearing, shall forward its recommendations to the city council at least 90 calendardays prior to the end of the current fiscal year.

City Council Action on Capital Program

Notice and Public Hearing. The City Council shall publish the general summary of the capitalprogram and a notice stating:

1. The times and places where copies of the capital program are available for inspection by thepublic; and

2. The time and place of the public hearing shall take place no less than seven (7) nor more thanfifteen (15) calendar days after publication, for a public hearing on the capital program.

Adoption. The City Council by resolution shall adopt the capital program with or without amendmentafter the public hearing 30 calendar days before the beginning of the new fiscal year.

Independent Audit

Annual Audit. The city council shall appoint an auditing firm for the purpose of conducting the annualaudit of the current fiscal year's municipal finances and may provide more frequent audits as it deemsnecessary. Such audits shall be performed in accordance with Generally Accepted AuditingStandards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS).

The council may enter into multi-year contracts for terms not to exceed three (3) consecutive fiscalyears. The designation for any particular year shall be made no later than 180 days after the beginningof the fiscal year.

City Council Meet with Auditing Firm. The City Council shall meet at least annually withindependent auditing firm to receive report and recommendations.

Public Records

Copies of the budget and the capital program as adopted shall be public records and shall be madeavailable for inspection on the citys website and through other means as may be designated by thecouncil.

Emergency Reserve Fund

The City Council shall provide in the appropriation resolve for an emergency reserve fund from whichtransfers may be made by vote of the City Council to meet emergencies and other unforeseen events.At the end of each fiscal year, remaining monies in the emergency reserve fund which have not beencommitted shall pass to the undesignated general fund balance.

The emergency reserve fund shall be annually funded in an amount equal to at least .05% percent of

the total amount to be appropriated for all purposes of the current fiscal year.

Borrowing

Bond Issues

The city may issue general obligation and revenue obligation securities for funding or refunding allor any part of its debt or for any purpose for which it may raise money in accordance with MaineStatutes.


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Notice and Public Hearing. The City Council shall provide public notice by customary means ofthe intention to issue bonds as follows:

1. The times and places where details of the bonds are available for inspection by the public,and

2. The time and place of the public hearing which shall take place not less than 7 days and notmore than 15 days after notice.

Action. Final action on the order or orders must take place no later than 60 calendar daysfollowing the public hearing.

Where the amount of any single purpose bonds authorized for an individual project exceeds fifteen(15) percent of the property tax levy of the preceding fiscal year, such authorization must beapproved by the voters at a regular or special election prior to issuance.

Temporary

Money may be borrowed temporarily in anticipation of taxes or of the issuance of bonds, inaccordance with the provisions of 30-A M.R.S.A. 5771, as amended.

Procurement

The City Council shall by rule adopt, within one (1) year from the adoption of this Charter, aprocurement policy for the Citys purchase of materials and services for all the Citys departments,including the Department of Education. This procurement process shall assure an understandable,comprehensive, fair process for such purchases based on state statute, state rules and regulations,and the Citys experience and expertise in this area.

Finance and Audit Committee

Appointment. There shall be a Finance and Audit Committee composed of five (5) members who shallbe appointed as follows: The Mayor with approval of the City Council shall appoint two (2) members of

the City Council to serve two-year terms; the mayor, with approval of the City Council shall appointthree (3) qualified voters of the city to serve three year staggered terms. To the extent possible,non-city council members shall possess finance or auditing education and/or experience. Non CityCouncil members of the committee may serve no more than six (6) consecutive years.

Duties. The Finance and Audit Committee shall:

1. Review the monthly financial reports with the Finance Director and makerecommendations thereon;

2. Review and recommend to the city council any new or amended financial and procurementpolicies;

3. Review and approve bids and contracts in accordance with the city purchasing policy;

4. Review the report of the citys independent auditor with the Finance Director and presentany recommendations thereon;

5. Advise the City Council on such financial matters as the Council may refer to it.


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Rules of Procedure. The Finance and Audit Committee shall adopt appropriate rules of procedure tocarry out its functions consistent with the provisions of this charter and policies adopted by the CityCouncil.


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Article 6

Elections

Conduct of Elections

The regular municipal election shall be held on the first Tuesday after the first Monday in November ofodd-numbered years. Except as otherwise provided by this Charter, the provisions of Title 21[-A] andTitle 30[-A] of the Revised Statutes, as amended, shall apply to elections held under this Charter. Allelections called for under this Charter shall be conducted by the election officials established underTitle 21[-A]. For the conduct of elections, for the prevention of fraud in such elections and for the recountof ballots in cases of fraud or doubt, the council shall adopt, by ordinance, all regulations which itconsiders desirable, consistent with law and this Charter. "Qualified voter" shall mean any personqualified and registered to vote under law.

Beginning of Term.The regular terms of council members shall begin the first Monday of Januaryfollowing their election in November.

Methods of Electing Council Members

Wardens And Ward Clerks

a. Appointment by city clerk. The city clerk shall, with the approval of the city councilors,appoint a warden and ward clerk for each of the voting precincts. The wardens and ward clerksshall serve for two-year terms concurrent with the terms of the members of the city council.

b. Vacancy.In the case of a vacancy in the office of warden or ward clerk, the city clerk shallappoint a person for the remainder of the term.

Nominations for elective offices. Nomination of each candidate for elective office shall be bypetition, available from the City Clerk at least one hundred twenty (120) days prior to the election.Petitions for Mayor shall be signed by not less than one hundred (100) registered voters. Petitions forCouncilor and School Committee shall be signed by at least twenty-five (50) registered voters of thecandidates ward, except that at-large candidates petitions may have signatures from registered votersfrom any ward.

Eligibility. The candidates for election as councilor, school committee member, or mayor must betwenty one years of age and have been a registered voter and qualified to vote in the City of ______ atleast 180 days before the date of the election.

Nomination petition. Nomination petitions shall be provided by the City Clerk with whom they shallbe filed not later than seventy-five (75) days prior to the election.

List of candidates. The City Clerk shall, at least sixty-five (65) days prior to the election, certify andmake available to the public, in print and electronically, the names and residences of candidates whohave filed nomination petitions.

Names on Ballots. For all candidates for municipal and school office, the full names and street

addresses, except those who have died or become ineligible, shall be printed on the official and

specimen ballots without party designation under the heading containing the title of the office sought.

The names of candidates will be listed randomly, not alphabetically, on the ballot.


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Write-In Candidates. In order for ballots cast for a write-in candidate to be counted, such candidatemust (a) register as a candidate with the City Clerk at least 30 calendar days prior to the date of theelection and (b) be eligible for the office sought.

Election posting. The city clerk or designee shall post a properly executed copy of the electionwarrant and specimen ballot at the places where the election is to be held. Said notice shall be postedat least seven (7) calendar days before the date of said election.

Determination of election results

(a) Number of votes. Each voter shall be entitled to vote for as many candidates as there arevacancies to be filled.

(b) Absentee voting. Each qualified voter who desires to cast an absentee vote at a regular cityelection or special election shall be entitled to an official ballot and the right to cast such ballot inaccordance with the provisions of 21-A M.R.S.A. subchapter IV, as amended.

(c) Plurality.Except where otherwise provided, elections shall be determined by plurality vote. Incase of a tie vote for any elective office, a new election shall be held on a date to be determinedby the city council, said date to be no more than forty-five (45) calendar days from the date ofthe regular municipal election, but the only names appearing on the ballot shall be thosecandidates who receive the tie vote.

(d) Mayoral runoff election. If it should appear that no person has received a majority of all votescast for mayor, a special election to be known as a runoff election shall be held on a date to bedetermined by the city council, said date to be no more than forty-five (45) calendar days fromthe date of the regular municipal election. The candidate receiving the highest number of votesat such election shall be declared to be elected. The names to be placed upon the ballot at saidelection shall be determined as follows:

(1) If but one (1) candidate has received the highest number of votes and but one (1)candidate has received the next highest number of votes, their names only shall beplaced upon the ballot.

(2) If two (2) or more candidates have received the same number of votes and a numberhigher than those received by any other candidates, only the names of suchcandidates, whether they be two (2) or more, shall be placed upon the ballot.

(3) If one (1) candidate has received the highest number of votes and two (2) or morecandidates have received the same number of votes, which number shall have beennext lower than that received by the candidate receiving the highest number, only thename of the candidate who has received the highest number and the candidates,whether two (2) or more, who have received the next highest number of votes shall beplaced upon the ballot.

(e) Write-In Candidates.In order to be eligible to be elected, a write-in candidate must receive at

least the same number of votes as are required for nomination for the position for which thewrite-in candidate is competing.


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Article 7

Citizen Initiated Referendum and Recall

Sec. 7.1 General authority

A. Initiative. The registered voters of the City shall have the power to propose ordinances, orders, andresolves to the City Council and, if the City Council fails to adopt the matter proposed without any change insubstance, to adopt or reject it at a City election, provided that such power shall not extend to the budget orcapital program or any ordinance, order, or resolve relating to appropriation of money, levy of taxes, orsalaries of City officers or employees. An initiative which fails to win a majority vote in a citywide electionmay not be the subject of another initiative for at least six (6) months after the citywide election in which itfailed.

B. Referendum. The registered voters of the City shall have power to require reconsideration by the CityCouncil of any adopted ordinance, order, or resolve and, if the City Council fails to repeal the matter soreconsidered, to approve or reject it at a City election, provided that such power shall not extend to thebudget or capital program or any emergency ordinance or ordinance, order, or resolve relating toappropriation of money or levy of taxes. A referendum which fails to win a majority vote in a citywideelection may not be the subject of another referendum for at least six (6) months after the citywide electionin which it failed.

C. Recall. The registered voters of the City shall have the power to recall any elected official, but no recallpetition shall be filed against any official within six (6) months after the official takes office, nor, in the case ofan official subjected to a recall election and not removed, until at least six (6) months after the recallelection.

Sec. 7.2 Commencement of proceedings

Any five (5) registered voters may commence initiative, referendum, or recall proceedings by filing with theCity Clerk an affidavit stating they will constitute a petitioners committee and be responsible for circulatingthe petition, filing it in proper form, stating their names and addresses, and specifying the address to whichall notices to the committee are to be sent, as well as setting out in full the proposed initiative ordinance,

order, or resolve or citing the ordinance, or other matter sought to be reconsidered, or the elected officialproposed to be recalled, together with a statement not to exceed two hundred (200) words, of the reasonsfor the recall. Grounds for the recall should relate to and affect the administration of the officials office andbe of a substantial nature directly affecting the rights and interest of the public. Promptly after receipt of arecall petition, the City Clerk shall serve, personally or by certified mail, return receipt requested, restricteddelivery, a copy of the affidavit on the elected official sought to be recalled. Within ten (10) days of thecopys delivery, refusal, or being unclaimed, the elected official sought to be recalled may file a statementwith the City Clerk not to exceed two hundred (200) words in response.

Promptly after the affidavit of the petitioners committee is filed, the City Clerk shall issue appropriatepetition blanks to the petitioners committee

Sec. 7.3 Petitions

A. Number of signatures. Initiative and referendum petitions must be signed by registered voters of theCity equal in number to at least ten percent (10%) of the number of registered voters as of the date on whichthe petitioners committee filed its affidavit. Recall petitions must be signed by at least fifteen percent(15%) of the number of registered voters as of the date on which the petitioners committee filed its affidavit.


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B. Form and content. All papers of a petition shall be uniform in size and style and shall be assembled asone instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followedby the address of the person signing. Petitions shall contain or have attached during their circulation thefull text of the ordinance, order, or resolve proposed or sought to be reconsidered or the name of the electedofficial proposed to be recalled and the reasons for that action. Petitions for recall shall be limited to therecall of one individual and shall contain the statement of grounds for the recall and the response of theofficial sought to be recalled, if any. If no response was filed, the petition shall state that fact.

C. Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit signed bythe circulator stating the number of signatures as well as that the circulator: (a.) is a resident of the City; (b.)personally circulated the paper; (c.) had all the signatures signed in the circulators presence; (d.) believesthe signatures are the genuine signature of the persons; and (e.) that each signer had an opportunity beforesigning to read the full text of the ordinance proposed or to be reconsidered or the name of the electedofficial proposed to be recalled and the statements of both the official and the petitioners committee.

D. Time for filing. Referendum affidavits must be filed within thirty (30) days after adoption by the CityCouncil of the ordinance, order, or resolve sought to be reconsidered. Petitions for initiative, referendumand recall must be filed with the City Clerk within ninety (90) days of the City Clerks

7.4 Procedure After Filing

A. Certificate of City Clerk; amendment. Within twenty (20) days after the petition is filed, the City Clerkshall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it isdefective and shall promptly send a copy of the certificate to the petitioners committee by certified mail,return receipt requested, restricted delivery. A petition certified insufficient for lack of the required numberof valid signatures may be amended once, if the petitioners committeefiles a notice of intention to amend itwith the City Clerk within five (5) days after receiving the copy of the certificate and files a supplementarypetition upon additional papers within ten (10) days after receiving the copy of such certificate. Suchsupplementary petition shall comply with the requirements of subsections B and C of Section 3 above.Within five (5) days after the supplementary petition is filed, the City Clerk shall complete a certificate as tothe sufficiency of the petition as amended and promptly send a copy of such certificate to the petitionerscommittee by certified mail, return receipt requested, restricted delivery, as in the case of an originalpetition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is

certified insufficient and the petitioners committee does not elect to amend or request City Council reviewunder subsection B of this Section within the time required, the City Clerk shall promptly present thecertificate to the City Council and the certificate shall then be a final determination as to the sufficiency ofthe petition.

B. City Council review. If a petition has been certified insufficient and the petitioners committee does notfile notice of intention to amend it, or if an amended petition has been certified insufficient, the committeemay, within two (2) days after receiving the copy of such certificate, file a request for review by the CityCouncil. The City Council shall review the certificate at its next meeting following the filing of such requestand approve or disapprove it. The City Councils determination shall be a final determination as to thesufficiency of the petition. The official proposed to be recalled shall not participate in any proceedingsregarding the petition or the

C. Court review; new petition. A final determination as to the sufficiency of a petition shall be subject tocourt review. A final determination of insufficiency, even if sustained upon court review, shall not prejudicethe filing of a new petition for the same purpose.


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Sec. 7.5 Referendum petitions; suspension of effect

When a referendum petition is filed with the City Clerk, the ordinance, order, or resolve sought to bereconsidered shall be suspended from taking effect. Such suspension shall terminate when:

a. There is a final determination of insufficiency of the petition; or

b. The petitioners committee withdraws the petition; or

c. The City Council repeals the ordinance, order, or resolve; or

d. Thirty (30) days have elapsed after a vote of the City on the ordinance, order, or resolve.

Sec. 7.6 Action on petitions

A. Action by City Council. When an initiative or referendum petition has been fully determined sufficient,the City Council shall promptly consider the proposed initiative ordinance, order, or resolve in the mannerprovided in Article 2 or reconsider the referred ordinance, order, or resolve by voting its repeal. If the CityCouncil fails to adopt a proposed initiative ordinance, order, or resolve without any change in substancewithin sixty (60) days or fails to repeal the referred ordinance, order, or resolve within thirty (30) days afterthe date the petition was finally determined sufficient, it shall submit the proposed or referred matter to thevoters of the City.

B. Submission to voters. The vote of the City on a proposed or referred ordinance, order, or resolve shallbe held not less than one hundred twenty (120) days and not later than six (6) months from the date of thefinal City Council vote thereon. In the case of a recall petition, the election shall be held not later than six(6) months after the petition is finally determined to be sufficient. If no regular City election is to be heldwithin the period prescribed in this subsection, the City Council shall provide for a special election;otherwise, the vote shall be held at the same time as such regular election except that the City Council may,in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of theproposed or referred matter shall be available for view at the polls.

C. Withdrawal of petition. An initiative, referendum, or recall petition may be withdrawn at any time prior to

the fifteenth (15th ) day preceding the day scheduled for a vote of the City, by filing with the City Clerk arequest for withdrawal signed by at least four (4) members of the petitioners committee. Upon the filing ofsuch request, the petition shall have no further force or effect and all proceedings thereon shall beterminated.

Sec. 7.7 Results of election.

A. Initiative. If a majority of the registered voters voting on a proposed initiative ordinance, order, orresolve vote in its favor, it shall be considered adopted upon certification of the election results and shall betreated in all respects in the same manner as ordinances, orders, or resolves of the same kind adopted bythe City Council. If conflicting ordinances, orders, or resolves are approved at the same election, the onereceiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

B. Referendum. If a majority of the registered voters voting on a referred ordinance, order, or resolvevote for repeal, it shall be considered repealed upon certification of the election results.

C. Recall. If a majority of the registered voters voting on a recall petition vote in favor of the petition, theoffice of the recalled official shall become vacant upon certification of the election results. If the electionresults or procedure is legally challenged by the recalled official, that persons right to serve in that officeshall be suspended and the City shall not compensate that official pending the resolution of the legalproceeding.


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Article 8

General Provisions

Ethics and Conflicts of Interest

Personal financial interest. If any elected or appointed official, officer or employee or the spouse ofany such person has a financial interest, direct or indirect, in any contract with the city or in the purchaseor sale of any land, material, supplies or services to the city or to a contractor supplying the city, thatofficial shall make known that interest and shall refrain from voting upon or otherwise participating in thecapacity of an elected or appointed official, officer or employee, in the making of such purchase or saleor in the making or performance of such contract. Any such person who willfully conceals a personalfinancial interest or that of a spouse, or willfully violates the requirements of this section, shall be guiltyof malfeasance in office or position and shall forfeit the office or position. Violation of this section withthe knowledge, express or implied, of the person or corporation contracting with or making a purchasefrom or a sale to the city, shall render the contract, purchase or sale voidable by the city. [5.14.2015]

Conflicts of interest. The Citys policy is that the proper operation of government requires that publicofficials be independent, impartial, and responsible to the citizens; that public office not be used forpersonal gain; and that the public have confidence in the integrity of its government. The City Councilwill vote upon within one year of the election of the city council and shall maintain a comprehensiveConflicts of Interest or Ethics ordinance to further the policy set forth in this section and to promotethe objective of protecting the integrity of City government against actual or reasonably perceivedconflicts of interest without creating unnecessary barriers to public service.

Prohibitions

Activities prohibited.No person shall be appointed to or removed from or in any way favored ordiscriminated against with respect to any city position or appointive city administrative office because ofrace, gender, sexual orientation, political or religious opinions or affiliations or on any other basisprohibited by statute of general application.

Penalties. Any person convicted of any crimes involving falsification in official matters, bribery,

corrupt practices or obstructing governmental administration, as these crimes are defined in theRevised Statutes of Maine, as amended, shall be ineligible for a period of two (2) years following saidconviction to hold any city office or employment, except as otherwise provided by law.


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Article 9

Charter Amendment

Proposal of Amendment

Amendments to this charter may be framed and proposed in the manner provided by state law.Proposal of an amendment by the voters of the city shall be by petition containing the full text of theproposed amendment and shall be governed by the same procedures and requirements prescribed inArticle 7 for Initiative petitions until such time as a final determination as to the sufficiency of the petitionis made, except that there shall be no limitation as to subject matter and that the petition must be signedby registered voters of the city equal in number to at least 10 percent of the total number of thoseregistered to vote in the last election. The petitioners committee may withdraw the petition any timebefore the fifteenth day immediately preceding the day scheduled for the city vote on the amendment.

Election

Upon delivery to the city election authorities of the report of a charter commission or delivery by the cityclerk of an adopted ordinance or a petition finally determined sufficient, proposing an amendmentpursuant to 8.01, the election authorities shall submit the proposed amendment to the voters of thecity at an election. Such election shall be announced by a notice containing the complete text of theproposed amendment and published in one or more newspapers of general circulation in the city atleast thirty days prior to the date of the election. The election shall be held not less than 60 and not morethan 120 days after the adoption of the ordinance or report or the final determination of sufficiency of thepetition proposing the amendment. If no regular election is to be held within that period, the council shallprovide for a special election on the proposed amendment; otherwise, the holding of a special electionshall be as specified in state law.

Adoption of Amendment

If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendmentshall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after itsadoption by the voters.

Periodic Charter Review

Every 10 years from the adoption of this charter the Mayor with the consent of the city council shallappoint a charter review committee composed of seven members who shall be residents of the city andwho have a background in or understanding of city government and its operations. The committeeshall undertake a comprehensive review of this charter and shall recommend to the city councilamendments to the charter designed to improve the operations of city government.


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Article 10

Transition And Severability

Notes 5.14.2015

Anything in this section needs to be drafted by an attorney.


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Article 11

Charter Provisions Relating To Schools

School Committee

(a) Composition, Election, and Appointment

Mirroring the city council, there will be 2 persons elected in each of five wards with staggered terms.The eleventh member of the school committee will be a member of the city council nominated by theMayor and approved by the council.

(b) Compensation

Compensation will be set by ordinance

(c) Student Representative

There shall be at least one non-voting student representative on the school committee. The school

committee will determine the specifics of appointment and participation.

Forfeiture of office

A member of the school committee shall forfeit office and a vacancy therein shall exist if the member:

1) Dies;

2) Resigns;

3) For the seven (7) members elected by ward, moves from the ward in which elected;

4) For the one (1) at-large member, moves from the city;

5) Is convicted of a crime punishable by imprisonment of one year or more or a crime of a sexualnature or of dishonesty or false statement, regardless of the punishment while in office;

6) Is found to be in violation of section 8.04 of this Charter; or

7) For the councilor member, is no longer a member of the city council.

8) Fails to attend three consecutive regular meetings of the school committee without beingexcused by the chair or, in the case of the chair, by the school committee.

If any vacancy in office of any elected member occurs, the vacancy shall be filled from the same wardfor the remainder of the unexpired term by nomination of the mayor, subject to the consent of the citycouncil, except that the at-large school committee member may be from any ward. If there is anyvacancy in the office of the city council member, it shall be filled by nomination of a councilor by themayor subject to consent by the city council.

We want to add ever convicted of crime of sexual or abusive nature (physical or sexual or other forms of

abuse). A lawyer will have to structure the wording.

Chairperson

At its first meeting, or as soon thereafter as possible, the school committee shall elect by majority voteof the entire committee, one (1) of its members as chairperson of the school committee for a one-yearterm. The said committee may fill for the unexpired term any vacancy in the office of chairperson thatmay occur. The chairperson shall preside at all meetings of the school committee and shall have a voteas other members of said committee.


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Powers and duties

General powers and duties.The school committee shall have all the powers and shall perform allduties necessary for care and management of the citys public schools pursuant to the general laws ofthe State of Maine, which grant these powers and responsibilities to the school committee, except asotherwise provided by this Charter.

The school committee shall accomplish its duties within the financial limitations established by the citycouncil in its annual appropriation resolve and such supplemental appropriations voted by the citycouncil, together with such other revenues it may receive from the federal or state governments, as wellas gifts, grants, and payments from other sources.

The School Committee shall submit budget estimates to the City Council at least three (3) months priorto the end of the current fiscal year, for inclusion in the budget submitted to the city council which will bethe various sums required for the support of public schools for the ensuing school fiscal year and shallthereafter provide the city council with such information relating to these estimates as the council mayrequire.

Superintendent of Schools. The school committee shall choose a superintendent of schools solelyon the basis of executive and administrative qualifications. The superintendent of schools need not bea resident of the city at the t ime of appointment, but shall be a resident of the city during tenure in officeunless otherwise approved by the school committee.

General Supervision Over Finances

The city Manager shall establish a system of bookkeeping, auditing, purchasing and records pertainingto all financial transactions of the school committee, and may establish rules governing such procedurenot inconsistent with the provisions of law, of this Charter or the Ordinances of the city. [2.11.2015]

Meetings

The School Committee shall meet jointly with the City Council at their first meeting in January. TheSchool Committee shall meet for subsequent meetings at such time and place as it determines by rule.

Quorum

A majority of the voting members of the school committee shall constitute a quorum for the transactionof business, but a smaller number may adjourn or compel attendance of absent members. [2.11.2015]

Record

The school committee shall keep a record of its own proceedings which, except for executive sessions,shall be available to the public.

Voting

A roll call vote shall be taken on the passage of any order or resolve when requested by any member.

Any action by the School Committee shall require at least a majority of full committee (6 affirmativevotes).

Offices incompatible

No School Committee member shall hold employment in any school position during their term of officeor within one year after termination of their last term of office.


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Transitional Issues

First Election. At the time of its adoption, this Charter shall become effective immediately, only for thepurpose of conducting the election of necessary municipal officials. Said election shall be conducted inaccordance with the provisions of Article 6 of this Charter. The first election shall be held on November_____, 2017

Time Of Taking Full Effect. This Charter shall be in full effect for all other purposes, on and after the first[Monday] in January, 2018

Termination Of Office

The terms of office of the present mayors, the city councils, School Committees of Auburn and Lewistonand the Lewiston board of finance shall terminate on the first [Monday] in January, 2018

The terms of office of the present members of the planning board and the board of zoning appeals ofAuburn and Lewiston shall terminate immediately upon the appointment and qualification of the newmembers of such boards, appointed under the provisions of this Charter

The terms of office of present members of all other Auburn and Lewiston boards and commissionsestablished by the previous Charters which are not provided for in this Charter shall be deemed to havebeen abolished effective on the first [Monday] in January, 2018.

Officers and employees. Any and all officers, department heads and employees of the Cities of Auburnand Lewiston on the effective date of this Charter shall continue in such capacity until a successor isappointed and qualified as provided herein, unless sooner removed by the appointive power designatedherein.

Personnel system. An employee holding a city position at the time this Charter takes full effect, who wasserving in that or a comparable position at the time of its adoption, shall not be subject to competitive testsas a condition of continuance in the same position, but in all other respects, shall be subject to thepersonnel system of the city.

Acting Manager. Until such time as a permanent city manager is appointed the city council shall appointan acting city manager and shall fix his/her compensation.

Boards And Commissions, Transfer Or Power

If a board or commission established by the previous Charters is not provided for in this Charter, it shall bedeemed to have been abolished, and the powers and duties given it by law shall be transferred to the citydepartment, office or agency designated in this Charter or, if the Charter makes no provisions, designatedby the city council.

Existing Departments, Offices, And Agencies

All departments, offices or agencies in existence at the time of the adoption of this Charter which are notspecifically abolished by or under this Charter shall continue in their present form until changed byordinance enacted by the city council.

Pending Matters

All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except asmodified pursuant to the provisions of this Charter and in each case shall be maintained, carried on, or dealtwith by the city department, office or agency appropriate under this Charter.


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Municipal Laws

All ordinances, resolutions, orders and regulations in force at the time that this Charter takes effect notinconsistent with this Charter shall continue in force until amended or repealed. All rules and regulations ofthe municipal officers or of any office of the Cities of Auburn and Lewiston in force at the time that thisCharter takes effect not inconsistent with the provision hereof shall continue in force until amended orrepealed.

Property And Records

All property records and equipment of any department, office, agency, board or commission existing whenthis Charter is adopted shall be transferred to the department, office or agency assuming its powers andduties, but in the event that the powers or duties, but in the event that the powers or duties are to bediscontinued or divided between units or in the event that any conflict arises regarding a transfer, suchproperty, record or equipment shall be transferred to one (1) or more departments, offices or agenciesdesignated by the city council in accordance with this Charter.

Severability

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If theapplication of the Charter or any of its provisions to any person or circumstance is held invalid, theapplication of the Charter and its provisions to other persons or circumstances shall not be affected.

Definition of terms

As used in this Charter, terms shall be defined and construed by their meaning established by State statute,if any; otherwise, terms shall be defined and construed by their customary usage or plain dictionarymeaning. In all cases, the term "days" shall refer to calendar days, not business days.

Transition Resolution. Joint Resolution of the Mayor and Council of the City of Auburn and City ofLewiston establishing a Transition Task Force [TTF]

TTF Subcommittees

Facilities and Other Assets: Tasked of analyzing and studying the facilities needs of the mergingdepartments of the consolidated municipality in order to make recommendations to the TTF

Finance: Charged with evaluating the financial implications of consolidation, specifically the costs ofother subcommittees' recommendations

Infrastructure and Operations: Responsible for making recommendations on brush and leafcollection; garbage, sewer, and composting service level; bid processes

Personnel: Addressing human resources issues related to consolidation. [1] determine the optimumpersonnel redundancy strategy and associated severance packages; [2] designing an objective andtransparent mechanism for selecting which municipal administrative employee occupying redundant

positions would be retained; [3] recommending rules for harmonizing human resources policies andcompensation and benefits packages between the consolidating municipalities; [4] recommending anew overall organizational structure for the municipal administrative office of the consolidatedmunicipality; [5] encouraging cross-fertilization of ideas and collaboration between the twomunicipalities in anticipation of the consolidation date.

Public Safety: Tasked with developing recommendations for the consolidated fire and policedepartments' organizational structure, staffing size, the timing of staffing changes, the operation andlocation of a merged dispatched center, and the acquisition of new technology systems and equipment


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Boards, Committees and Commissions

Communications and Outreach

Information Technology

Education


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MRSA TITLE 30-A CHAPTER 113 Sections 2151 to 2156

Section 2152 (3) Consolidation agreement. The joint charter commission shall draft anagreement between the consolidating municipalities which include:

A. The names of the municipalities:

AUBURN and LEWISTON

B. The names under which it is proposed to consolidate, which must be distinguishable from the name ofany other municipality in the State, other than the consolidating municipalities;

T B D

C. The property, real and personal belonging to each municipality, and its fair value;

HOW DO WE GO ABOUT THIS TASK? DO WE USE THE LATEST STATE VALUATIONS? WHOCAN PROVIDE THE DATA? DO WE NEED TO HIRE A CONSULTANT?

D. The indebtedness, bonded and otherwise, of each municipality;

HOW DO WE GO ABOUT THIS TASK? CAN THE CHIEF FINANCE OFFICERS PRODUCE THEDATA? WILL THIS INCLUDE THE DEPARTMENT OF EDUCATION? UTILITIES? SPECIALDISTRICTS OR AUTHORITIES? WILL THE DATA INCLUDE DIRECT AND WELL AS INDIRECTDEBT OBLIGATIONS? WILL THE DATA INCLUDE CAPITAL LEASES? OPERATING LEASES?ANY OTHER CONTRACT OBLIGATIONS SUCH AS REAL ESTATE LEASES [Norway SAVINGSBANK ARENA?]

E. The proposed name and location of the municipal office;

T B D

F. The proposed charter.

FINAL DRAFT READY BY JUNE 30, 2016

G. The terms for apportioning tax rates to service the existing bonded indebtedness of the respectivemunicipalities; and

HOW DO WE GO ABOUT THIS TASK? CO-DEPENDENT UPON OTHER BASE DATA, [STATEVALUATIONS]; MUNICIPAL TAX LEVY? MUNICIPAL RESOURCES? CONSULTANT?

H. Any other necessary and proper facts and terms.

DEFERRED IMPLEMENTATION

Should the voters of Auburn and Lewiston at the November 1, 2016 federal, state and local elections favora municipal consolidation, how do we then address the following?

An interim governmental administration to lead the transition

Establishing election districts

Holding the first consolidated municipal election for Mayor, Councilors, School Committee


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Labor organizations and their respective labor contracts

Fix the disparities in wages and salaries; overtime compensation; etc.

Disparities in working conditions, I.e., hours of work, holidays, vacation leave, sick leave, bereavementleave, retirement programs [MPERS, ICMA], and Lewiston's "Old Self Funded Pension Plan; etc.

Developing strategic and operational plans for consolidation of departments, offices, agencies, etc.

What key decisions should be left up to the consolidated city council to implement?

Appoint an interim city manager; interim chief finance officer; etc.

Adopt a new administrative code for the consolidated city

Develop a strategy for a consolidated comprehensive land use plan

Codify a new building code, 101 life saving code, land use/zoning code

Codify all municipal laws, rules and regulations

Name change, signs, printed material, web pages, social media, etc.

Interim consolidated budget and work plan

Interim capital improvement plan

New comprehensive description of the consolidated community for public relations needs; ratingagencies; etc.

New Consolidated maps; road signs, etc.

Uniform colors for municipal vehicles, fire, police public works, etc.

New city seal

New city flag

Street names

Will joint municipal agencies continue, such as:

Auburn-Lewiston Municipal Airport Committee

9-1-1 Public Safety Committee

L & A Transit Committee

Auburn Watershed Commission

Lewiston and Auburn Railroad Company [Separate Legislative Charter]

Lewiston and Auburn Economic Growth Council [Title 13-B Not-for-Profit]


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Lewiston-Auburn Water Pollution Control Authority [Separate Legislative Charter]

Auburn Water District

Auburn Sewerage District

Lewiston Water Department

Lewiston Sewerage Department

Prepare base-line consolidated financial statements

What impact, if any, will Tax Increment Financing Districts have on consolidation

Uniform patches for city departments like police, fire, etc.

Business cards for municipal elected, appointed officials and employees

Inventory and valuation of municipal property including real and personal

Welcoming highway signs

State Revenue Sharing

General purpose aid to education

General Assistance

MDOT highway assistance funds

CDBG Grants

Determining estimated transition cost

Determining the transition's net savings

Reconciling different levels of services, such as; ambulance; water & Sewer; Spring Cleanup

Mid Maine Waste Action Committee [MMWAC}

Norway Savings Bank Arena

Reconciling Assessing systems software

lewiston-auburn draft charter v 1 jan 2016

Documents