BILL AS INTRODUCEDH.273
2001Page 1
H.273
Introduced by Representatives Allaire of Rutland City, Audette of South Burlington, Baker of West Rutland, Bostic of St. Johnsbury, Donovan of Burlington, Driscoll of Burlington, Duffy of Rutland City, George of Middlebury, Haas of Rutland City, Hingtgen of Burlington, Keogh of Burlington, Ketchum of Bethel, Kiss of Burlington, Larson of Burlington, Livingston of Manchester, Smith of New Haven, Tracy of Burlington, Wheeler of Burlington, Wright of Burlington and Zuckerman of Burlington
Referred to Committee on
Date:
Subject:Municipal government; charter amendments; City of Burlington
Statement of purpose: This bill proposes to approve the following amendments to the charter of the City of Burlington which: (1) provide for mayoral appointment of all city department heads with the exception of the school superintendent, subject to confirmation by a majority of the city council; (2) provide that unless specified governmental jurisdiction was delegated by the city council, the city commissions shall be advisory in nature; (3) create a new position within the city to be entitled chief administrative officer having the same responsibilities of the clerk/treasurer as well as additional administrative responsibilities; and (4) increase the mayor’s term of office from two to three years commencing in 2003.
AN ACT RELATING TO APPROVAL OF AMENDMENTS TO THE CHARTER OF THE CITY OF BURLINGTON
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. CHARTER AMENDMENT
The Charter of the City of Burlington is amended as provided in this act. Proposals of amendment were approved by the voters on November 7, 2000.
Sec. 2. 24 App. V.S.A. chapter 3 is amended to read:
CHAPTER 3. CITY OF BURLINGTON
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§ 2. WARDS DESCRIBED
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Reference is also made to a map entitled “Proposed Ward Boundaries, Burlington, Vermont, Department of Zoning and Planning, GIS, Burlington, Vermont, Prepared September 11, 1992 and amended October 5, 1992” located in the Burlington clerk/treasurer’schief administrative officer’s Office in further aid of the above description.
§ 3. ELECTION OF MAYOR AND CITY COUNCILORS
(a) On the first Tuesday in March, 19752003, and bienniallytriennially thereafter, the legal voters of the city shall, from among the legal voters thereof, elect a mayor. Notwithstanding any provision of this charter or the general statutes, no person shall be eligible to have his or her name printed on the ballot as a candidate for the office of mayor who has not submitted a nominating petition signed by at least one hundred fifty registered voters of the city within the time limits specified in chapter 55 of Title 17 of the Vermont Statutes Annotated, as the same may be amended from time to time. On the first Tuesday in March, 1994, and biennially thereafter, the legal voters of wards one, two, three, five and six shall, from among the legal voters thereof, elect one city councilor and all ward officers hereinafter named; and on the first Tuesday in March, 1995, and biennially thereafter, the legal voters in wards one, two, three, five and six shall, from among the legal voters thereof, elect one city councilor and all ward officers hereinafter named.
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§ 5. ELECTION TO BE BY BALLOT; PLURALITY REQUIRED FOR ELECTION; RUNOFF ELECTIONS
The election of all officers mentioned in the two (2) preceding sections shall be by ballot, and the person or persons receiving a plurality of all votes cast for any office aforesaid shall, except as hereinafter provided, be declared elected thereto. However, if no person receives at least forty percent of all votes cast for any office aforesaid, no one shall be declared elected and a runoff election shall be held. The only candidates in the runoff election shall be the two persons receiving the greater number of votes or, in case of a tie, the person receiving the greatest number of votes and the persons receiving the second greatest number of votes. The clerk/treasurerchief administrative officer shall within seven days warn a runoff election to be held not less than twelve days nor more than twenty days after the date of the warning. The warning shall be published in a newspaper of general circulation in the city and posted in a public place. The person or persons receiving a plurality of all the votes cast in a runoff election shall be declared elected.
§ 6. REQUIREMENTS GENERALLY
All warnings for meetings for the election of city or ward officers, and for general meetings of all the legal voters of said city, for any purpose, shall be issued by the mayor and published in the manner and for the length of time designated in chapter 55 of Title 17 of the Vermont Statutes Annotated relating to local elections as the same may be amended from time to time.
Upon request of the city council by resolution or upon petition signed by five percent of the legal voters, filed with the clerk/treasurerchief administrative officer no later than the deadline established in chapter 55 of Title 17 of the Vermont Statutes Annotated as the same may be amended from time to time, the mayor shall insert in the warning for the annual city meeting any special article for any legal purpose beyond the jurisdiction of the city council, said purpose to be set forth in said article as stated in such resolution or petition and the clerk/treasurerchief administrative officer shall prepare suitable ballots in sufficient quantities for the vote upon such article; provided, however, that any petition for the insertion of any article calling for the resubmission, reconsideration or recision of any question previously submitted to the legal voters of said city shall be filed not later than the deadline established for requesting reconsideration or recision of a prior vote as specified in section 2661 of Title 17 of the Vermont Statutes Annotated as the same may be amended from time to time; and provided further, that no question previously submitted to the legal voters of said city shall be more than once resubmitted or presented for reconsideration or recision except upon request of the city council by resolution. Each page of a petition filed under this section shall bear the full text of the petition, each signature to such petition shall be witnessed, each signer of such petition shall set after his signature his legal address within the city, and any part of such petition not conforming to these requirements shall be invalid.
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§ 14. LIST OF VOTERS TO BE PREPARED; POSTING
Preceding each annual or special city or ward election to be held in said city, it shall be the duty of the board for registration of voters to prepare full and complete lists of the voters in the respective wards of said city, and to certify the same to the clerk/treasurerchief administrative officer. One copy of such lists shall be posted by or under the direction of the clerk/treasurerchief administrative officer in some public place in the wards to which the voters whose names are on such list respectively belong, at least twelve days previous to any such election.
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§ 17. CLERK/TREASURERCHIEF ADMINISTRATIVE OFFICER TO POST LISTS; COPIES TO BE FILED IN CLERK/TREASURER’SCHIEF ADMINISTRATIVE OFFICER’S OFFICE
It shall be the duty of the clerk/treasurerchief administrative officer to cause the original of each and every checklist of voters at any time ordered to be posted by the board for registration of voters of said city, to be filed in his office with his certificate attached, that true copies of such lists have been posted as directed by said board, together with the time and place in said city at which the same were posted, which certificate shall be prima facie evidence of such posting.
§ 18. COPIES OF LIST TO BE GIVEN INSPECTORS
After all such additions, alterations and corrections shall have been made by said board for registration of voters, a true copy of such checklist shall be made by the clerk/treasurerchief administrative officer, and delivered to the inspectors of election in the several wards, for use at such annual or special city or ward section; and no person whose name is not on such lists shall be allowed to vote at any such election.
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§ 20. WARD CLERK TO KEEP RECORDS; CERTIFICATES OF ELECTION TO BE FURNISHED SUCCESSFUL CANDIDATES; ELECTION RESULTS TO BE PUBLISHED
It shall be the duty of the clerk of each ward subject to supervision by the clerk/treasurerchief administrative officer as presiding officer for city and ward elections to make a record of all elections held therein, and to furnish to each officer who shall have been elected for such ward, including city councilors and school commissioners, a certificate of his or her election, and also immediately after any election in such ward to return and certify to the clerk/treasurerchief administrative officer a statement of the votes for all officers in his or her ward, which statement shall be recorded in the city records, and a certificate by the clerk/treasurerchief administrative officer of the result of such election in the whole city shall be forthwith published in the various newspapers of said city.
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§ 22. BALLOTS
For all city or ward elections, and also for the election of justices of the peace in said city, the clerk/treasurerchief administrative officer shall prepare all official ballots in the same manner and subject to all the provisions of the laws of this state providing for and regulating the preparation and distribution of official ballots in towns and cities; provided, however, that said clerk/treasurerchief administrative officer shall cause to be printed for every ward in said city not less than sixty ballots for every fifty names or fractional part thereof on the voting list prepared and posted in such ward for any such election; and further provided that said clerk/treasurerchief administrative officer shall deliver to the inspectors of election in each ward on the day of such election and before the hour for opening the polls in said ward, such number of blocks of ballots containing one hundred each as shall nearest represent two-thirds of the whole number required to be printed for such ward, and shall retain the balance of the ballots for each ward so prepared by him.
§ 23. RETAINED BALLOTS TO BE DELIVERED TO INSPECTORS ON DEMAND
In case the inspectors of election in any ward for any cause shall require the ballots so belonging to such ward and retained by said clerk/treasurerchief administrative officer, or any part thereof, they shall notify him in writing. Said clerk/treasurerchief administrative officer shall thereupon forthwith transmit to said inspectors of election such part or all of said ballots so retained in his possession as said inspectors of election shall specify.
§ 24. RECORD OF BALLOTS DELIVERED REQUIRED; RECEIPTS
The clerk/treasurerchief administrative officer shall keep a record of the whole number of ballots so prepared and delivered; and said inspectors of election shall give to said clerk/treasurerchief administrative officer, whenever any ballots are received by them, a receipt stating the number of ballots so received.
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§ 26. QUESTIONS AT SPECIAL MEETINGS TO BE DECIDED BY BALLOT
The questions at any such special meeting shall be determined by ballot and the checklist shall be used. There shall be at such meeting a separate polling place, or polling places, for each ward, and as many of the ward officers hereinbefore named as shall be necessary shall act at such meetings, in the same manner as at city or ward elections. For all such meetings, it shall be the duty of the clerk/treasurerchief administrative officer to prepare suitable ballots in sufficient quantity.
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§ 39. SPECIAL MEETINGS
Special meetings of the city council may be called at any time by the mayor, and shall be called by the clerk/treasurerchief administrative officer on petition signed by a majority of the city council and filed with said clerk/treasurerchief administrative officer. Notice of special meetings shall be served on the city councilors unless service thereof shall be accepted by them, by some person appointed for such purpose by the one calling such meetings, by delivering to each city councilor a true and attested copy of such call, or by leaving such copy at the place of his usual abode, with the return thereon of the person serving the same.
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§ 42. COMPOSITION; MEETINGS
The mayor, city council and assessors shall constitute a board for the abatement of taxes and also for the abatement of special assessments, or any part thereof, for sewers and street improvements, whenever the same are illegal or in the judgment of the board cannot be collected or are manifestly unjust. Meetings of such board shall be convened in the manner herein prescribed for calling special meetings of the city council; and notice thereof signed by the mayor or clerk/treasurerchief administrative officer, shall be given to all taxpayers by the publication of such notice for two days in all the daily newspapers printed in said city, the first of which publications shall be not more than ten days, and the last not less than three days prior to said meeting. Whenever any special assessment, or any part thereof, for sewers or street improvements is abated, the clerk/treasurerchief administrative officer shall make a minute of such abatement on the original assessment on file in his office on the margin of the record thereof.
§ 43. COMPOSITION; DUTIES; APPOINTMENTS; OFFICES
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(c) Said board shall maintain an office in the city hall of the city, open for business during the regular business hours of said city, wherein shall be kept available for public inspection the records pertaining to the qualifications of all legal voters and freemen of the city. Said board shall advise any petitioner affected by an adverse decision of his or her statutory right to seek judicial review of such decision. Said board shall also appoint a clerk, who need not be a member thereof, who shall have such duties as the board may assign, together with the duties imposed upon the clerk/treasurerchief administrative officer by sections 106 and 107 of the Vermont Statutes, Revision of 1947, as amended. Records of the taking of freemen’s oaths heretofore kept by the city clerk shall be transferred to the clerk of said board.
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§ 48. ENUMERATED
The city council shall have power:
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(63)(A) To establish and maintain a unified department of public works, the chief administrative officerssuperintendent of which will be designated public works director, said department to be managed and controlled by the board of public works, commissioners who shall have general exclusive management and control over the public works department of the City of Burlington, subject in all respects to any limitations or restrictions contained in the ordinances, resolutions, and orders of the city council as well asmayor and city council subject to the general laws of the State of Vermont pertaining to the inspection of buildings, plumbing, housing and wiring. The city council may by resolution delegate any of its powers relating to the public works department to the board of public works commissioners.
(B) The board of public works commissioners shall consist of seven legal voters of the City of Burlington, who shall be appointed by the city council to serve for the term of three years, and until their successors are appointed and qualified, except as herein otherwise provided.
(C) The city council with mayor presiding shall appoint to the public works commission seven legal voters of the City of Burlington. On the first Monday in June, 1988, and every three years thereafter, the city council with mayor presiding shall appoint three commissioners to serve a term of three years. On the first Monday in June , 1989, and every three years thereafter, the city council with mayor presiding shall appoint two commissioners to serve a term of three years. On the first Monday in June, 1990, and every three years thereafter, the city council with mayor presiding shall appoint two commissioners to serve a term of three years.
(D) The public works director shall have the special and immediate care and practical supervision of the public works department, its personnel and its facilities and equipment, subject to the control and direction of said boardauthority of the mayor as chief executive officer and the orders and ordinances of the city council.
(E) TheUnless otherwise determined by resolution of the city council, the public works department shall, in addition to the director, consist of a streets division, water division, waste/solid waste division, traffic division, finance division, equipment maintenance division/engineering division, inspection services division, and construction division, each of which shall include a manager who shall be hired as a city employee by the director and shall serve subject to the direction of the director.
§ 49. AUTHORITY TO ENACT
The city council may make, alter, amend or repeal any resolutions, by-laws, regulations and ordinances which it may deem necessary and proper for carrying into execution the foregoing powers or for the well-being of said city, and which shall not be repugnant to the constitution or the laws of the state; and to provide penalties for the breach thereof; all of which by-laws, regulations and ordinances shall be duly published in one or more newspapers in said city to be prescribed by the city council, at least twenty days before they shall take effect. In the event the city council shall pass a comprehensive revision to any chapter or chapters of its Code of Ordinances [,] it shall be sufficient if a concise summary of the principal provisions of such revision is published as aforesaid rather than the entire text thereof. Copies of the entire text of such revisions shall be made available upon request at the office of the clerk/treasurerchief administrative officer. The City of Burlington is hereby authorized and empowered to maintain actions in Chittenden Superior Court to restrain actual or threatened violations of any ordinance of said city.