Charter for the City of Lewiston-Auburn, Maine (Draft) Preamble

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1 Charter for the City of Lewiston-Auburn, Maine (Draft) Preamble We the people of the City of Lewiston-Auburn, under the constitution and laws of the State of Maine, including Title 30-A, Section 2, Chapter 113, Subchapter 1 of the Maine Revised Statutes, Consolidation, hereby adopt this Charter in order to secure the benefits of open, 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 citizen participation. It is a vision of an inspired future for this community. Page- 1 - of 40

2 Article 1 Powers of the City 1.1 Corporate Existence The City of Lewiston-Auburn shall be a municipal corporation and the successor by merger of the Cities of Auburn and Lewiston. The City shall have all the rights, immunities, powers, and privileges; shall be subject to all the duties, liabilities, and obligations provided in this Charter; may enact ordinances, orders, resolves, and regulations not inconsistent with the Constitution and laws of the State of Maine; and may impose penalties for the breach thereof. 1.2 Powers of the City All powers granted to the City by this Charter and State law, except as otherwise specifically provided in this Charter, shall be vested in the Mayor and City Council. The Mayor and City Council shall be the municipal officers of the City for all purposes required by statute, ordinance, or by law. 1.3 Construction The City s powers under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general powers granted in this Charter or under the constitution and laws of the State of Maine. 1.4 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 municipality, quasi-municipal body, the State of Maine or any agency thereof, or of the United States or any agency thereof, in accordance with the terms of the Title 30-A, Chapter 115 of the Maine Revised Statutes or any other statute or law. Page- 2 - of 40

3 Article 2 Mayor and City Council 2.1 Eligibility, Terms, and Composition (a) Composition. The City Council shall consist of a Mayor and ten (10) councilors. 1. The Mayor shall be nominated and elected by the qualified voters of the entire city. 2. The qualified voters of each of the five (5) wards of the city shall nominate and elect two (2) councilors, each of whom shall be qualified to vote in the ward from which he or she is elected. 3. Nominations and elections shall be conducted as provided in Article 6. (b) Wards. 1. For the purpose of all elections, the city shall be divided into five (5) wards each of which shall contain, as nearly as possible, the same number of inhabitants. The City Council may, by ordinance, divide the wards into precincts for voting purposes. 2. One ward will be contained fully within the area of the former Lewiston and one fully contained within the former Auburn. At least two wards will straddle the river and shall contain, as nearly as possible, the same number of inhabitants on each side of the river. 3. The ward boundaries shall be established by the City Council, except for the initial ward boundaries which shall be established as provided in Section (c) Elections and terms. 1. The Mayor shall be elected at the regular election held in odd numbered years to serve a two-year term and shall hold office until his or her successor has been elected and qualified. 2. The councilors for each ward shall be elected to serve staggered two year terms and shall hold office until their successors have been elected and qualified. One councilor from each ward shall be elected at the regular election held in even numbered years and one councilor from each ward shall be elected at the regular election held in the odd numbered years. 3. There shall be no term limits for the Mayor and councilors. (d) Student Representative. The City Council may appoint two (2) non-voting student representatives to serve with the City Council, provided however that no student representative may participate in any executive session held by the Council. Page- 3 - of 40

4 2.2 Mayor (a) The Mayor shall: 1. Preside at meetings of the council; 2. Cast votes at council meetings as a member of the council; 3. Appoint the members and officers of council committees; 4. Assign, subject to the consent of the council, agenda items to committees; 5. Appoint with the advice and consent of the council all members of citizen advisory boards and commissions except as otherwise provided by ordinance; 6. Present an annual State of the City message; 7. Represent the city in intergovernmental relationships; 8. Perform other duties specified by the council; and 9. 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. 2.3 City Council (a) Council President. Each year the council shall elect one of its members to serve as president of the council who shall act as Mayor during the temporary absence or temporary disability of the Mayor. The president shall have appointive powers only when the temporary absence or temporary disability of the Mayor exceeds forty-five (45) consecutive days. When the president of the council acts as presiding officer in the temporary absence of the Mayor, the president shall be entitled to vote only as a councilor. (b) Temporary Presiding President. In the event of the absence of both the Mayor and president of the council at any duly scheduled meeting, the council shall elect from its members a temporary presiding officer. 2.4 Compensation and Expenses (a) Salaries. The Mayor and each of the councilors shall receive an annual salary as set by ordinance. (b) Additional Compensation. The council may also, by ordinance, provide for compensation for elected officials who are appointed to serve on the School Committee, or to represent the City on the governing bodies of any joint agency, quasi-governmental organization, or non-profit organization. (c) Changes in Salaries. No ordinance increasing their salaries shall take effect until after the expiration of the then existing terms of the Mayor and all of the councilors eligible to vote on the ordinance. (d) Reimbursement for Expenses. The Mayor and members of the council may be reimbursed for actual expenses incurred in the performance of their duties of office subject to administrative approval and budgetary limits. Page- 4 - of 40

5 (e) City Employment. No Mayor or councilor shall hold employment in any city position during their term in office or within one year after the termination of their last term of office. 2.5 Vacancies and Forfeiture of Office (a) 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 qualified the appointment; 4. Is convicted by a court of competent jurisdiction of a crime punishable by imprisonment of one year or more or a crime of a sexual nature or of dishonesty or false statement, regardless of the punishment while in office during his or her term of office; 5. Is found to be in violation of ethics and conflicts of interest sections of this Charter; or 6. Fails to attend three consecutive regular meetings of the City Council without being excused by the Council President or acting Council President or, in the case of the Council President, by the City Council and be so recorded in the minutes. (b) In the event that a vacancy in the office of the Mayor or City Council occurs as a result of the failure to elect a candidate at the regular city election, the remaining members of the council shall, within thirty (30) calendar days after the vacancy exists, either appoint an eligible person to fill the term or order that a special election be held. (c) If a vacancy in the office of the Mayor or City Council occurs one (1) year or more prior to the next regular municipal election for reasons other than that set forth in section 2.5(b), the vacancy for the unexpired term shall be filled at the next regular election or by a special election. Such election shall be called and held and nominations made as in other elections. (d) If a vacancy in the office of the Mayor or City Council occurs less than one (1) year prior to the next regular municipal election, the remaining members of the council may appoint an eligible person to fill the unexpired term within thirty (30) calendar days after the vacancy exists. If the Council fails to make such appointment within said thirty (30) calendar days, the Mayor or, in the case of a vacancy in the office of the Mayor, the Council President shall appoint an eligible person to fill the unexpired term within ten (10) calendar days thereafter. (e) If, at any time, more than three (3) vacancies in the offices of the Mayor or City Council exist, an election shall be held to fill such vacancies. Such election shall be called and held and nominations made as in other elections, except a majority of the remaining councilors may call such an election. Page- 5 - of 40

6 2.6 Judge of Qualifications The City Council shall be judge of the qualification and election of its members, including the Mayor, and shall determine and enforce this Charter as well as its rules relating to procedure, misconduct, and forfeiture of office. 2.7 City Clerk The city clerk shall be the secretary of the council. The clerk shall keep the journal of proceedings and perform 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 of each meeting as required by state law and through such or other means as the council may direct. 2.8 Investigations Upon the affirmative vote of at least eight (8) members of the council, the council may investigate the affairs of any city department, office, or agency, and for this purpose shall enact an ordinance providing for the conduct of such investigations. 2.9 Procedure (a) 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. (b) Quorum. A majority of the elected members of the City Council shall constitute a quorum for the transaction of business. A smaller number may adjourn or compel attendance of absent members. (c) Record. The City Council shall keep a record of its own proceedings which, except for executive sessions, shall be available to the public made available in the office of the city clerk. (d) Action. The City Council shall act only by oral motion or written ordinance, order, or resolve, except that all acts by which the City Council appropriates or expends funds shall be by written ordinance, order, or resolve. All ordinances, orders, and resolves, except resolves making appropriations, shall be confined to one subject clearly expressed in its title. Page- 6 - of 40

7 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) separate days has been dispensed by an affirmative vote of eight (8) Councilors. Every ordinance shall take effect and be in force thirty (30) days after the date of passage, unless otherwise specifically provided in the ordinance Ordinances in General (a) Form. Every proposed ordinance shall be introduced in writing. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Lewiston-Auburn hereby ordains...." Any ordinance which repeals or amends an existing ordinance shall set out the ordinance sections or subsections to be repealed or amended. (b) Procedure. A proposed ordinance may be introduced by any member at any regular or special meeting of the council. Upon the introduction of any ordinance, the city clerk shall distribute a copy to the Mayor, each council member, and to the City Manager; shall file a reasonable number of copies in the office of the clerk and such other public places as the council may designate; and shall publish the proposed ordinance, together with a notice, setting out the time and place for a public hearing thereon and for its consideration by the council. The public hearing shall follow the publication by at least four (4) days, may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time. All persons interested shall have a reasonable opportunity to be heard. After the hearing, the council may adopt the ordinance with or without amendment, or reject it. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at such later date specified therein. (d) "Publish" defined. As used in this section, the term "publish" means to have printed in one (1) or more newspapers of general circulation in the city, and may also be made available through such other means as may 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 public inspection; and 3. The date, time and place of the public hearing. Page- 7 - of 40

8 2.11 Emergency Ordinances To meet a public emergency affecting life, health, property or the public peace, the council may adopt one (1) or more emergency ordinances. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment at the meeting at which it is introduced. The greater of six affirmative votes or the affirmative votes of two-thirds of the councilors present and voting shall be required for adoption of any emergency ordinance. 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) day following the date on which it was adopted; but this shall not prevent reenactment of the ordinance in the manner specified in this section, if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. It shall not be necessary to publish the emergency ordinance prior to its enactment, but public hearing shall be had thereon Codes of Technical Regulations The City Council may adopt any standard code of technical regulations by reference in an adopting ordinance in accordance with the provisions of Title 30-A section 3003 of the Maine Revised Statutes Authentication and Recording; Codification; Printing of Orders, Ordinances and Resolutions The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all orders, ordinances and resolutions adopted by the City Council. Page- 8 - of 40

9 Article 3 CITY MANAGER 3.1 Appointment, Qualifications, and Compensation The City Council shall appoint a City Manager and fix the manager s compensation. The City Manager shall serve at the will of the council and shall be appointed on the basis of executive and administrative qualifications 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 reside outside 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 of administrator. The bond s premium shall be paid by the city. 3.2 Powers and Duties The City Manager shall be the administrative head of the City government and shall be responsible to the City Council for the administration of all city affairs and departments other than the Department of Education. 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 and employees responsible directly to the City Manager with the exception of the chief financial officer of the 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 or appointive administrative officer except as otherwise provided by law, by this Charter or by personnel rules adopted pursuant to this Charter. Where council confirmation is necessary for appointment, 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 such administrative 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 enforcement by the City Manager are faithfully executed. (f) To prepare and submit the annual budget and capital program to the City Council and to implement 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. Page- 9 - of 40

10 (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 be required by the City Council. 3.3 Removal Except as may be specifically provided in an employment agreement with the City Manager, 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 the reasons for removal and may suspend the City Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be promptly served on the City Manager. (b) Within five (5) days after being served a copy of the resolution, the City Manager may file with the council a written request for a public hearing. This hearing shall be held at a regular or special council meeting not earlier than fifteen (15) days, or later than thirty (30) days after a request is filed. The City Manager shall file with the council a written reply to the stated reasons not later than five (5) 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) days from the date when a copy of the preliminary resolution was served upon the City Manager, if the City Manager has not requested a public hearing, or at any time after the public hearing, if one is requested. (d) The City Manager shall continue to receive a salary until the effective date of the final council resolution of removal. 3.4 Acting City Manager (a) During any vacancy in the office of City Manager and during any temporary absence or disability of the City Manager of more than thirty (30) days, the council may designate a properly qualified person to perform the duties of City Manager and fix such person's compensation. (b) During a temporary absence of thirty (30) days or less, the City Manager may designate a qualified 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. Page of 40

11 Article 4 Departments, Offices, and Agencies 4.1 General Provisions (a) 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 this Charter. The council, by ordinance, may assign additional functions or duties to offices, departments, or agencies 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. (b) Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. The Mayor and Councilors shall direct administrative functions of the City solely through the City Manager. 4.2 Personnel System (a) Merit System. All appointments and promotions of city employees shall be made solely on the basis of merit and fitness. Consistent with all applicable federal and state laws, the City Council shall provide by ordinance for the establishment, regulation, and maintenance of a merit system governing personnel policies. 4.3 City Attorney There shall be a City Attorney nominated by the Manager and appointed by the City Council who shall serve at the will of the council. The city attorney shall serve as chief legal advisor to the council, the City Manager, and all city departments, boards, agencies, committees and commissions. The City Attorney shall represent the city in all legal proceedings and shall perform any other duties prescribed by ordinance and law. The City Council shall have the right to employ or retain special attorneys, if it deems it to be in the best interest of the city. Page of 40

12 Article 5 Financial Management 5.1 Fiscal Year The fiscal year of the city shall be established by the council by resolution. 5.2 School Committee The School Committee shall comply with and be subject to all the provisions of this Article to the extent that they are not in conflict with state or federal law. 5.3 Submission of Budget and Budget Message At least ninety (90) days prior to the end of the current fiscal year, the City Manager shall prepare and submit to the council a budget for the ensuing fiscal year and an accompanying message. 5.4 Budget Message The City Manager's message shall explain the budget both in fiscal and programmatic terms. It shall outline the proposed financial plan of the city for the ensuing fiscal year, describing the important features of the budget, indicating any major changes and reasons for changes, summarizing the city's debt position, and including other material as the manager deems valuable. It shall also describe the tax impact of the proposed budget. 5.5 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 deems valuable or the City Council may require for effective management of the city and alignment with strategic goals. The budget shall be clear and comprehensive, showing in detail estimated income, proposed property tax levy, and all proposed expenditures, including debt service. It shall show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. The council may establish regulations and procedures to carry out the purpose of this article. It shall indicate in separate sections: (a) Operations. Proposed expenditures for operations, detailed by offices, departments, and agencies, and the method of financing such expenditures. (b) Capital Investments. Proposed capital expenditures, detailed by offices, departments and agencies when practicable, and the method of financing each such capital expenditure. Page of 40

13 (c) Utilities. Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition. (Subsidiary budgets for each such utility giving detailed income and expenditures information shall be attached as appendices to the budget). (d) Comparative Expenses Statements. Comparative statements reflecting actual expenditures for prior year, projected actual expenditures for the current year, and estimated expenditures for the next succeeding year shall be clearly shown. 5.6 City Council Action on Budget (a) Notice and Public Hearing. The City Council shall provide public notice of the budget process by customary means for: 1. The times and places where copies of the message and budget 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 not more than 15 days after the City Manager submits the budget to the City Council. (b) Amendment Before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase or delete or decrease programs or amounts except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income. (c) Adoption. The council shall by resolution adopt the budget not later than 30 days prior to the end of the then current fiscal year. In the event the council fails to adopt the budget at least 30 days prior to the end of the then current fiscal year, the City Manager shall, within 10 days thereafter, present a final budget to the council. If the council shall fail to adopt a budget by the last day of the then current fiscal year, the manager s final budget shall be deemed to be automatically adopted. 5.7 Appropriation and Revenue Resolve Prior to the beginning of the fiscal year the City Council shall adopt an annual appropriation resolve making appropriations by department, fund, service, strategy, or other organizational unit and authorizing an allocation for each program or activity. Before any new revenues may be collected to fund the budget, including taxes and changes in existing fees, the City Council shall authorize such revenues by an annual revenue resolve. Page of 40

14 5.8 Amendments After Adoption (a) Supplemental appropriations. If during the fiscal year the City Manager certifies that there are revenues available for appropriation in excess of the total estimated in the budget, the council may make supplemental appropriations by resolution and after public hearing up to the amount of such excess. (b) Emergency appropriations. To meet a public emergency affecting life, health, property, or the public peace, the council may make emergency appropriations and may by resolution authorize the issuance of temporary notes 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 the emergency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, the City Manager shall report to the council without delay, indicating the estimated amount of the deficit and any recommended remedial action to be taken. The council shall then take such further action by resolution as it deems necessary to prevent or minimize any deficit. (d) Transfer of appropriations. At any time during the fiscal year the City Manager may transfer part or all of 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 any unencumbered balance to another department, office, or agency. (e) Limitations. No appropriation for debt service may be reduced or transferred. No appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance. (f) Effective date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. 5.9 Administration and Fiduciary Oversight of the Budget (a) Lapse Of Appropriations. Every budgetary account shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. (b) Administration Of The Budget. No expenditure may be made or obligation incurred unless the City Manager or designee first certifies that 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 or make contracts for capital improvements to be financed wholly or partly by the issuance of bonds or make a contract or lease providing for payments beyond the end of the fiscal year. Page of 40

15 5.10 Capital Program (a) Submission. The City Manager shall prepare and submit to a meeting of the City Council a multi-year capital program no later than 30 days before the final date for submission of the operating budget. (b) 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 those goals. 3. A listing, cost estimates, and time schedules of all capital expenditures, including school capital expenditures, which are proposed to be undertaken with appropriate supporting information as to 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. (c) 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 ninety (90) days prior to the end of the current fiscal year City Council Action on Capital Program (a) Notice and Public Hearing. The City Council shall publish the general summary of the capital program and a notice stating: 1. The times and places where copies of the capital program are available for inspection by the public; and 2. The time and place of the public hearing shall take place no less than seven (7) or more than fifteen (15) days after publication, for a public hearing on the capital program. (b) Adoption. The City Council by resolution shall adopt the capital program with or without amendment after the public hearing thirty (30) days before the beginning of the new fiscal year. Page of 40

16 5.12 Independent Audit (a) Annual Audit. The City Council shall appoint an auditing firm for the purpose of conducting the annual audit of the current fiscal year's municipal finances and may provide more frequent audits as it deems necessary. Such audits shall be performed in accordance with Generally Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). The council may enter into multi-year contracts for terms not to exceed three (3) consecutive fiscal years. The designation for any particular year shall be made no later than 180 days after the beginning of the fiscal year. (b) City Council Meet with Auditing Firm. The City Council shall meet at least annually with independent 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 made available for inspection as required by state law and by such other means as may be designated by the council Emergency Reserve Fund The City Council shall provide in the appropriation resolve for an emergency reserve fund from which transfers 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 been committed shall pass to the undesignated general fund balance. The emergency reserve fund shall be annually funded in an amount equal to at least twenty-five one hundredths of one percent (.25%) of the total amount to be appropriated for all purposes of the current fiscal year. Page of 40

17 5.15 Borrowing (a) Bond Issues. The city may issue general obligation and revenue obligation securities for funding or refunding all or any part of its debt or for any purpose for which it may raise money in accordance with Maine Statutes. (b) Notice and Public Hearing. The City Council shall publish notice of the intention to issue bonds in a newspaper of general circulation in the City which includes the following: 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 not more than 15 days after the date of notice.. (c) Action. Final action on the order or orders must take place no later than sixty (60) days following 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 be approved by the voters at a regular or special election prior to issuance. (d) Temporary Borrowing. Money may be borrowed temporarily in anticipation of taxes or of the issuance of bonds, in accordance 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, a procurement policy for the City s purchase of materials and services for all the City s departments, including the City s public schools. This procurement process shall assure an understandable, comprehensive, fair process for such purchases based on state statute, state rules and regulations, and the City s experience and expertise in this area Finance and Audit Committee (a) Appointment. There shall be a Finance and Audit Committee composed of seven (7) members who shall be appointed as follows: 1. The Mayor with approval of the City Council shall appoint two (2) members of the City Council to serve one-year terms; and three (3) qualified voters of the city to serve staggered three year terms. 2. The Chair of the School Committee, with the approval of the School Committee, shall appoint two members of the School Committee to serve one-year terms. Page of 40

18 To the extent possible the non-city Council and non-school Committee members shall possess finance or auditing education and/or experience. No City Council or School Committee member may serve on the Finance and Audit Committee for more than six (6) consecutive years. (b) Duties. The Finance and Audit Committee shall: 1. Review the monthly financial reports with the Finance Director and make recommendations thereon. 2. Review and recommend to the City Council and School Committee any new or amended financial and procurement policies. 3. Review the report of the city s independent auditor with the Finance Director and present any recommendations thereon. 4. Advise the City Council and School Committee on such financial matters as the Council or School Committee may refer to it. 5. Select a chairperson from among the citizen members of the Committee. 6. Meet annually with the City s independent auditor. (c) Rules of Procedure. The Finance and Audit Committee shall adopt appropriate rules of procedure to carry out its functions consistent with the provisions of this charter and policies adopted by the City Council. Page of 40

19 Article 6 Elections 6.1 Conduct of Elections The regular municipal election shall be held on the first Tuesday after the first Monday in November. Except as otherwise provided by this Charter, the provisions of Title 21-A and Title 30-A of the Maine Revised Statutes, as amended, shall apply to elections held under this Charter. All elections called for under this Charter shall be conducted by the election officials established under Title 21-A of the Maine Revised Statutes. For the conduct of elections, for the prevention of fraud in such elections and for the recount of ballots in cases of fraud or doubt, the council shall adopt, by ordinance, all regulations which it considers desirable, consistent with law and this Charter. "Qualified voter" shall mean any person qualified and registered to vote under law. (a) Beginning of Term. The regular terms of council members shall begin the first Monday of January following their election in November. 6.2 Method of Electing the Mayor, City Council, and School Committee (a) Eligibility. The candidates for election as councilor, school committee member, or Mayor must be twenty-one years of age and have been registered and qualified to vote in the City of Lewiston-Auburn at least 180 days before the date of the election. (b) Nominations for elective offices. Nomination of each candidate for elective office shall be by petition, 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 for Councilor and School Committee shall be signed by at least fifty (50) registered voters residing in the candidate s ward. (c) Nomination petition. Nomination petitions shall be provided by the City Clerk with whom they shall be filed not later than seventy-five (75) days prior to the election. (d) List of candidates. The City Clerk shall, at least sixty-five (65) days prior to the election, certify and make available to the public, in print and electronically, the names and residences of candidates who have filed nomination petitions. (e) 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. Page of 40

20 (f) Write-in candidates. In order for ballots cast for a write-in candidate to be counted, such candidate must (a) register as a candidate with the City Clerk at least thirty (30) days prior to the date of the election and (b) be eligible for the office sought. (g) Election posting. The city clerk or designee shall post a properly executed copy of the election warrant and specimen ballot at the places where the election is to be held. Said notice shall be posted at least seven (7) days before the date of said election. 6.3 Determination of Election Results (a) Number of votes. Each voter shall be entitled to vote for as many candidates as there are vacancies to be filled. (b) Absentee voting. Each qualified voter who desires to cast an absentee vote at a regular city election or special election shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of 21-A M.R.S.A. subchapter IV, as amended. (c) Plurality. Except for the Mayoral election, elections shall be determined by plurality vote. In case of a tie vote for any elective office, a new election shall be held on a date to be determined by the City Council, said date to be no more than forty-five (45) days from the date of the regular municipal election, but the only names appearing on the ballot shall be those candidates who received the tie vote. (d) Mayoral runoff election. If it should appear that no person has received a majority of all votes cast for Mayor, a special election to be known as a runoff election shall be held on a date to be determined by the City Council, said date to be no more than forty-five (45) days from the date of the regular municipal election. The candidate receiving the highest number of votes at such election shall be declared to be elected. The names to be placed upon the ballot at said election 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 be placed upon the ballot. 2. If two (2) or more candidates have received the same number of votes and a number higher than those received by any other candidates, only the names of such candidates, 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 more candidates have received the same number of votes, which number shall have been next lower than that received by the candidate receiving the highest number, only the name 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 be placed 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 the write-in candidate is competing. Page of 40

21 6.4 Wardens and Ward Clerks (a) Appointment by City Clerk. The city clerk shall, with the approval of the City Council, appoint a warden and ward clerk for each of the voting precincts. The wardens and ward clerks shall 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 shall appoint a person for the remainder of the term. Page of 40

22 Article 7 Citizen Initiative Referendum and Recall 7.1 General Authority (a) Initiative. The registered voters of the City shall have the power to propose ordinances, orders, and resolves to the City Council and, if the City Council fails to adopt the matter proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance, order, or resolve relating to appropriation of money, levy of taxes, or salaries of City officers or employees. An initiative which fails to win a majority vote in a citywide election may not be the subject of another initiative for at least six (6) months after the citywide election in which it failed. (b) Referendum. The registered voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance, order, or resolve and, if the City Council fails to repeal the matter so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance, order, or resolve relating to appropriation of money or levy of taxes. A referendum which fails to win a majority vote in a citywide election may not be the subject of another referendum for at least six (6) months after the citywide election in which it failed. (c) Recall. The registered voters of the City shall have the power to recall any elected official, but no recall petition shall be filed against any official within six (6) months after the official takes office, or, in the case of an official subjected to a recall election and not removed, until at least six (6) months after the recall election. 7.2 Commencement of Proceedings Any five (5) registered voters may commence initiative, referendum, or recall proceedings by filing with the City Clerk an affidavit stating they will constitute a petitioners committee and be responsible for circulating the petition, filing it in proper form, stating their names and addresses, and specifying the address to which all 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 official proposed to be recalled, together with a statement not to exceed two hundred (200) words, of the reasons for the recall. Grounds for the recall should relate to and affect the administration of the official s office and be of a substantial nature directly affecting the rights and interest of the public. Promptly after receipt of a recall petition, the City Clerk shall serve, personally or by certified mail, return receipt requested, restricted delivery, a copy of the affidavit on the elected official sought to be recalled. Within ten (10) days of the copy s delivery, refusal, or being unclaimed, the elected official sought to be recalled may file a statement with the City Clerk not to exceed two hundred (200) words in response. Page of 40

23 Promptly after the affidavit of the petitioners committee is filed, the City Clerk shall issue appropriate petition blanks to the petitioners committee. 7.3 Petitions (a) Number of signatures. Initiative and referendum petitions must be signed by registered voters of the City equal in number to at least ten percent (10%) of the number of registered voters as of the date on which the petitioners committee filed its affidavit. Recall petitions must be signed by at least fifteen percent (15%) of the number of registered voters in the ward from which the Councilor or School Committee Member proposed to be recalled was elected or in the City in case of a proposed recall of the Mayor as of the date on which the petitioners committee filed its affidavit. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached during their circulation the full text of the ordinance, order, or resolve proposed or sought to be reconsidered or the name of the elected official proposed to be recalled and the reasons for that action. Petitions for recall shall be limited to the recall of one individual and shall contain the statement of grounds for the recall and the response of the official 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 by the 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 circulator s presence; (d.) believes the signatures are the genuine signature of the persons; and (e.) that each signer had an opportunity before signing to read the full text of the ordinance proposed or to be reconsidered or the name of the elected official 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 City Council of the ordinance, order, or resolve sought to be reconsidered. Petitions for initiative, referendum and recall must be filed with the City Clerk within ninety (90) days of the City Clerk s Page of 40

24 7.4 Procedure After Filing (a) Certificate of City Clerk; amendment. Within twenty (20) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective 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 number of valid signatures may be amended once, if the petitioners committee files a notice of intention to amend it with the City Clerk within five (5) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary 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 to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners committee by certified mail, return receipt requested, restricted delivery, as in the case of an original petition. 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 review under subsection B of this Section within the time required, the City Clerk shall promptly present the certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council review. If a petition has been certified insufficient and the petitioners committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request for review by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it. The City Council s determination shall be a final determination as to the sufficiency of the petition. The official proposed to be recalled shall not participate in any proceedings regarding the petition or its sufficiency. (c) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. 7.5 Referendum Petitions; Suspension of Effect When a referendum petition has been certified as sufficient by the City Clerk in accordance with section 7.4(a), the ordinance, order, or resolve sought to be reconsidered 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. Page of 40

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