To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Town Attorney’s Report - Charter Amendments
Body
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With the voter affirmation of the Charter amendments clarifying the qualifications of the office of Mayor and timeframe for election of Mayor and re-districting, we can turn our attention to the remaining sections of the Charter that currently do not recognize the distinction between the Mayor and Councilmember. To illustrate, potential changes are highlighted below.
If Council agrees that these clarifications are important, it would be prudent to refer these Charter amendments to the 2018 ballot. Given the time constraints with ballot referral, it is suggested that Council schedule this for discussion and direction at the June 19th Council meeting.
Section 3-1. - Town Manager.
The Council shall appoint a Town Manager within a reasonable time after a vacancy occurs in the position. The Town Manager shall be the chief administrative officer of the Town. The Town Manager's appointment shall be at the pleasure of the Council and shall be at a salary to be fixed by the Council. The appointment or removal of the Town Manager shall require a majority vote of the entire Council. The Town Manager shall be appointed solely on the basis of professional and administrative qualifications. The Town Manager shall reside within the Town while holding the position. No member of Council Councilmember shall be appointed Town Manager during the term for which the member of Council Councilmember was elected, nor within one year after the expiration of the term of the member of CouncilCouncilmember's term.
Section 3-5. - Relationship of Council to Administrative Service.
No member of Council Councilmember shall direct or request the appointment of any person to, or removal from, employment by the Town Manager or in any manner take part in the appointment or removal of employees in the administrative service of the Town, except as otherwise provided in this Charter. Except for the purpose of inquiry, or to guide presentations of matters to the Council during its meetings, the Council and its members shall deal with that portion of the administrative service for which the Town Manager is responsible solely through the Town Manager, and neither the Council nor any member of Council Councilmember shall give orders to any employee of the Town either publicly or privately.
Section 6-3. - Voting.
(a) A vote shall be taken on all ordinances, resolutions and motions. Except where otherwise specified in this Charter, every ordinance shall require a majority vote of the members of Council Councilmembers holding office, for final passage, and resolutions and motions shall require a majority vote of the members voting thereon if a quorum is present.
(b) Except as otherwise required by this Section, each member of Council Councilmember who is present shall vote on all ordinances, resolutions, and motions.
(c) No member of Council Councilmember shall vote on any question concerning such member’s Councilmember's conduct. On such question, such member of Council Councilmember shall abstain from voting after stating the reason for the abstention.
(d) No member of Council Councilmember shall vote on or participate in any discussion on any question with regard to which such member of Council Councilmember has a conflict of interest pursuant to an applicable state statute, or as otherwise defined by ordinance. On such question, such member Council Councilmember shall abstain from voting after disclosing publicly the nature of the interest.
Section 15-3. - Recall.
(a) Any person holding elective office, including the office of Mayor or Councilmember, may be recalled at any time after six months in office, pursuant to the procedures set forth in this Charter and in those state statutes, as from time to time amended, which do not conflict with this Charter and which establish procedures for the recall of municipal elective officers.
(b) A recall petition of the Mayor shall be signed by registered electors of the Town. A recall petition of a Councilmember shall be signed by registered electors of the district from which the incumbent sought to be recalled was elected. The signers of a recall petition for Mayor or Councilmember shall number at least twenty-five percent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be recalled occupies. For the purpose of this Section, the "last preceding election" shall be the last preceding election at which the person sought to be recalled was elected to office, unless the person sought to be recalled was appointed to fill a vacancy, in which event it shall be the last preceding election at which the person who created the vacancy was elected to office.
(c) …
In addition, as the Town Clerk previously advised Council, it is necessary to clarify the timing of the appointment of the Election Commission.
Section 4-4. - Election Commission.
(a) An Election Commission is hereby created consisting of five registered electors of the Town. During their terms of office, the members shall not be Town officers, Town employees, or candidates for elective Town office. The members shall be appointed for staggered terms of three years by the Council concurrently with the timing of the appointment of other Town boards and commissions, unless otherwise provided by ordinance at the organizational meeting following the regular election. The Election Commission shall elect a Chairman from its members.
(b) ….