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Sec. 401. - Composition, Election and Terms of Town Council.#
There shall be a Town Council of five members, elected at large by the qualified electors of the Town, each to serve for a term of two years, and until his or her successor is elected and qualified.
Sec. 402. - Manner of Election; Qualifications.#
The election of members of the Council shall be held on the first Tuesday after the first Monday in November in each even-numbered year, in the manner provided by the election laws of the State. All candidates for Council member must be qualified electors of the Town, and residents thereof, and must remain qualified electors of the Town, and residents thereof, and must remain qualified electors and residents throughout their term of office. The terms of members of the Council shall begin upon the issuance of their certifications of election. The five candidates receiving the greatest numbers of votes shall be elected.
Sec. 403. - Compensation and Expenses.#
The Town Council shall receive such annual compensation as approved by the electors at the annual financial Town meetings, provided that no change in compensation shall take effect until after the next biennial election and installation of Town Council members. If voters at the financial Town meeting do not authorize a specific line item appropriation for Town Council compensation, then the Town Council compensation shall be that amount last approved at the most recent financial town meeting at which a line item appropriation was made for that purpose.
(Amd. of 11-7-06, § 2)
Sec. 404. - President and Vice-President.#
The Council shall elect from among its members a president and a vice-president, each of whom shall serve at the pleasure of the Council. The president shall preside at all meetings of the Council and shall be recognized as the head of the Town government for ceremonial purposes and by the Governor for purposes of military law. The vice-president shall act as president during the absence or disability of the president.
Sec. 405. - Eligibility of Council Members; Town Employment.#
No Council member shall hold any other Exeter town office (elected or appointed), or be an employee of or employed by the Town of Exeter during his or her Council term, and no Council member shall be appointed to any paid office in the Town or employed by the Town (except in an elected position) during the term for which he or she was elected to the Council or during the one-year period immediately following the expiration of his or her Council term. If any Council member shall be an officer, director, majority shareholder, partner or principal of any corporation, partnership, limited liability company or other entity, such entity shall not be an employee of or employed by the Town of Exeter during the term for which such Council member was elected to the Council or during the one-year period immediately following the expiration of his or her Council term.
Sec. 406. - Vacancies in Council.#
In the event that the office of a Council member shall become vacant from any cause, such vacancy shall be filled by the Council with the candidate who received the highest number of votes among the unsuccessful candidates for the Council at the last Town election. If that individual is unavailable or refuses, the Council shall fill the vacancy with the candidate who received the second highest number of votes among the unsuccessful candidates for the Council in the last Town election. Only the highest three vote getters among the unsuccessful candidates shall be eligible for filling vacancies in this manner. In the event of a tie between two or more qualified and available candidates, the Town Council shall select the member for appointment from among such candidates. If no qualified candidate is available from the list, the Council shall appoint a qualified elector to fill the vacancy. The new member shall be sworn in at the next regular Council meeting following his or her appointment. All vacancies shall be filled for the unexpired term.
Sec. 407. - Forfeiture of Office.#
(a)
A Council member shall be required to forfeit his or her office if he or she (1) ceases at any time to fulfill any of the qualifications for the office prescribed by this Charter or by state law, (2) is disqualified from holding public office under the terms of Section 908 or (3) attends no regularly scheduled Council meetings for a period of two consecutive months without being excused by the Council. The remaining members of the Council shall fill any vacancy caused by forfeiture or disqualification from office in the manner set forth in Section 406 hereof.
(b)
The Council shall be the judge of the qualifications of its members and of the grounds for forfeiture of the office of any member thereof, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his or her office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in accordance with state law at least one week in advance of the hearing. Decisions made by the Council under this section shall be subject to review by the courts.
Sec. 408. - Meetings and Procedures.#
The first meeting of a newly elected Council shall be held on the first Monday following the certification of election of a majority of its members by the canvassing authority. The Town Clerk shall preside until the selection of a Town Council President. The Council shall determine the time and place of its regular meetings, which shall be held at least once each month. The giving and posting of notice of all meetings, including special meetings, shall be in accordance with state law. The Town Clerk shall serve as clerk of the Council. The Council President shall at all times have the same right to vote on matters before the Council as any other member. The Council shall adopt and may amend its own rules, and shall make reasonable provision to allow persons in attendance at its meetings opportunity to speak. A quorum for Council meetings shall consist of three members; provided, however, that a minimum of three affirmative votes shall be required for the adoption of any ordinance, and for the approval of the budget for submission to the Financial Town Meeting.
Sec. 409. - Legislative Powers; Ordinances.#
The Council shall have the power to enact, amend or repeal ordinances for the preservation of the public peace, health, safety, comfort and welfare, and for the protection of persons and property; to provide reasonable penalties as allowed under state law for the violation of any ordinance; and to exercise all additional powers, consistent with the Charter and the laws and Constitution of the State. All the legislative powers vested in the Town by state law and the Constitution shall be exercised by the Town Council except those reserved to the Financial Town Meeting and to the people through the initiative and referendum procedures.
Sec. 410. - Procedure for Adopting Ordinances.#
(a)
An ordinance or amendment to an existing ordinance may be introduced for consideration by any member of the Council at any regular or special meeting. Upon introduction of any ordinance or amendment, the Town Clerk shall distribute a copy to each Council member, file a copy in the office of the Town Clerk, publish a summary of the ordinance or amendment and cause copies of the full text to be posted in the Town Hall and in three public places around the Town prior to the meeting at which it shall be considered.
(b)
At the meeting at which a proposed ordinance or amendment to an existing ordinance is introduced, the Council shall make provision for holding a hearing thereon as the first item of business at a duly scheduled meeting within a reasonable period of time, provided that such hearing shall occur not sooner than (5) days following publication of the summary thereof.
(c)
The Council may adopt any ordinance or amendment to an existing ordinance following the hearing thereon at the same meeting, or at a subsequent meeting, provided, however, if the proposed ordinance or amendment is materially altered following the hearing thereon, a summary of the altered portion of the ordinance or amendment must be published, and subjected to a hearing as provided above before final adoption by the Council.
Sec. 411. - Emergency Ordinances.#
(a)
To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one 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 or may be rejected at the meeting at which it is introduced, without following the publication and hearing procedures set forth in Section 410, but the affirmative vote of at least three (3) members shall be required for adoption. All emergency ordinances shall be published as soon as practicable following adoption.
(b)
All emergency ordinances shall become effective upon adoption or at such later time as may be specified therein and shall automatically stand repealed as of the sixty-first day following the date on which they took effect but may be reenacted in the manner specified in this section for a period of no more than sixty days if the emergency still exists. An emergency ordinance may also be repealed by a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Sec. 412. - Investigations.#
The Council may in the interest of the Town make investigations into the affairs of the Town and the conduct of any Town department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.
Sec. 413. - Additional Council Responsibilities.#
It shall be the duty and responsibility of the Council to: (a)
Cause to be prepared, within two years following the effective date of this charter [January 6, 1997], a codification of all Town ordinances currently in effect which are appropriate for continuation as local laws of the Town, and a revision and updating of such codification at least every five years thereafter. Such codification and revisions shall be prepared under the supervision of the Town Solicitor, but the Council may authorize the Town Solicitor to contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes. The Council shall cause copies of such codification and revisions to be printed and made available for purchase by the public.
(b)
Meet at least semiannually with each department head, and with the members of each board, commission or other similar Town agency for the purpose of reviewing the work and receiving recommendations from each such official or entity. The Council shall also require quarterly reports from each department head and from each board, commission or other Town agency.
(c)
Approve every proposal for borrowing moneys for which the credit of the Town will be pledged, including any and all proposals which call for the issuance of bonds or notes, or the entering into of any lease purchase or similar agreements which extend beyond a single fiscal year and shall arrange for approval thereof by the electors of the Town either at a regular or special Town Meeting or at a town-wide referendum held at a general or special election. The credit of the Town shall not be pledged unless a majority of the electors present and voting at such Town Meeting or voting on such referendum shall have approved thereof; provided, however, that the Council may, as permitted by state law, authorize borrowing in anticipation of taxes or in anticipation of moneys to be received from the State or federal government, subject to any limit for such borrowing set by a regular or special Town Meeting.
(d)
Provide for an independent annual audit by a certified public accountant of all Town accounts, such audit to conform with the requirements of state law for such annual audits, with generally accepted auditing standards, and shall require the inclusion by the auditors of their informed opinion of the financial practices and accounts of the Town. Such annual audit shall be completed and filed with the Town Council in accordance with State law, and a copy be filed with the Director of Administration of the State. The Council may provide for such additional audits as it may deem appropriate and for which the Town meeting may have made appropriation.
(e)
Serve as a licensing authority of the Town and as such to exercise all authority conferred upon towns, or which may be exercised by towns, under state law, to issue licenses and permit for the conduct of businesses or professions, or for all other purposes as authorized by law, and to make necessary rules and regulations pertaining thereto.