Section 2.01. Composition, Eligibility, Election and Terms.
A. (a) Composition. There shall be a town council of seven members nominated and elected by the qualified voters of the town at large, as provided in Article VII.

B. (b) Eligibility. Only qualified voters of the town shall be eligible to hold (the office councilmen) a position on the Town Council. No person may serve as a member of the Council when an immediate family member (spouse, parents, children, brothers & sisters) are employed by the Town, unless said employee resigns that employment.

C. (c) Election and Terms. (Councilmen) Council members shall be elected to serve staggered three year terms. At each regular municipal election, (councilmen) Council members shall be elected to fill the positions of those whose terms expire. (Initially, the seven candidates receiving the greatest number of votes shall be elected. The terms shall be staggered as follows:)

(1) The three candidates receiving the greatest number of votes among those elected shall serve three-year terms.

(2) The candidates receiving the fourth and fifth greatest number of votes among those elected shall serve two-year terms.

(3) The candidates receiving the sixth and seventh greatest number of votes among those elected shall serve one-year terms.

(4) Terms of town councilors shall be limited to two (2) consecutive three-year terms.

(5) The term of the council chairman shall be limited to two (2) consecutive one-year terms.
(moved to Section 2.02)

1. A new/re-elected Council member's term will begin on January 1 of the year following the regular/general election in which the member was elected.

2. Terms of town councilors shall be limited to two (2) consecutive three-year terms

D. (d) Compensation, expenses. The council may determine the annual (salary) monetary compensation of (councilmen) for members of the Council by ordinance, but no ordinance increasing such salary compensation shall become effective until the date of commencement of the terms of councilmen Council members elected at the next regular election, provided that such election follows the adoption of such ordinance by at least 6 (6) months. (Councilmen) Council members shall receive their actual and necessary expenses in the performance of their duties. (Initially, councilmen shall be paid $10 per meeting not to exceed $300 per year.)

E. (e) Induction. Prior to the beginning of their terms all (councilmen) Councilors-elect shall be sworn to the faithful discharge of their duties by (a justice of the peace or the town clerk.) a duly appointed Town Clerk.

Section 2.02. Chairman.
The council shall annually elect from among its members officers who shall have the titles of Chairman (of the Council and Deputy) Vice Chairman The chairman and vice-chairman may be removed by a super majority vote (5 members) of the full Council at any point. If the chairman is removed the vice-chairman shall immediately conduct the Council in selecting a new chairman. (of the Council, each of whom shall serve at the pleasure of the council) . The chairman of the council shall preside at meetings of the council and shall be entitled to vote on all questions. The (deputy) vice-chairman of the council shall act for the chairman (of the council) during the absence or disability of the chairman (of the council) . The term of the council chairman shall be limited to two (2) consecutive one-year terms.

Section 2.03. General Powers and Duties.
All powers of the town shall be vested in the council except as otherwise provided by law, ordinance, or this charter. The council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the municipality by law. The council shall be the municipal officers of the town.

Section 2.04. Prohibitions.
(a) Holding other office. Except where expressly authorized by law or pursuant to an agreement under the Interlocal Cooperation Act, no councilman Council member shall hold any other elected or appointed town or public office or employment except as provided under Section 2.07 during the term for which he he/she was elected to the council, and no former councilman Council member shall hold any compensated appointive town office or employment until one year after the expiration of the term for which he he/she was elected to the council. No more than one (1) Council member shall be allowed to participate as a member of Ad Hoc Committees; i.e. Bicentennial Planning Committee, Cable Television Advisory Committees, Economic Development Working Group and special event planning committees.)

A. Holding other offices. Except where expressly authorized by law, ordinance or pursuant to an agreement under the Interlocal Cooperation Act, no member of the Council shall hold any other elected office of, or employment by the Town. With the exception of the Planning Board and the Board of appeals, council members may be appointed to all other committees, ad hoc committees, working groups, etc. A council member belonging to any service organization (i.e. fire department, ambulance service, etc.) shall abstain from any budgetary votes or deliberations of said service organization, but that council member may vote on the final municipal budget. No former member of the council shall hold any compensated, permanent, full-time municipal employment until one year after the expiration of the term for which he/she was elected to the council.

B. (b) Appointments and Removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any town administrative officers or employees whom the manager or any of his/her subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.

C. (c) Interference with Administration. Except for the purpose of inquiries and investigations under Section (2.08) 2.06, the council or its members shall deal with town officers and employees, who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. This prohibition does not preclude the council or a member from asking questions, seeking information, or conducting conversations with municipal employees.

Section 2.05. Vacancies; forfeiture of office; filling of vacancies.
A. (a) Vacancies. The office of a (councilman) council member shall become vacant upon that person's death, resignation, removal from office in any manner provided by law or forfeiture of that office.

B. (b) (Forfeiture of office.) (A councilman shall forfeit that office if the councilman (1) lacks at any time during that term of office any qualifications for the office prescribed by this charter or by law, (2) violates any express prohibitions of this charter, (3) sustains a final conviction of a felony, or (4) fails to attend three consecutive regular meetings of the council without being excused by the council.) A Council member shall forfeit his/her office if the Council, using the procedures outlined below, determines that sufficient grounds for forfeiture exists.

1. Grounds of Forfeiture: A member of the council shall forfeit that office if that person:
(a) lacks at any time during that term of office any qualifications for the office prescribed by the charter or by law;
(b) violates any express prohibitions of this charter;
(c) sustains a final conviction of a felony;
(d) fails to attend three consecutive regular meetings of the council without being excused by the council;
(e) by recall; or
(f) who conducts him/herself in a manner unbecoming a public official as defined by the Code of Ethics found in Article 9 and the Town Codes.

2. Procedures of Forfeiture: The council shall be the judge (of the election and qualifications of its members and) of the grounds for forfeiture of their office 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 the member's office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the town 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 under the Maine Rules of Civil Procedure.

C. (c) Filling of vacancies.

1. Town Council: If a seat (in) on the town council becomes vacant more than six months prior to the next regular election, the council must call a special election to fill the unexpired term within sixty days from the date that the vacancy occurred. If a seat becomes vacant less than six months prior to the next regular election, the vacancy shall be filled for the remainder of the unexpired term at the next regular election. The council by a majority vote of all its remaining members may appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office.

2. Other Elected Boards: In the event that a Dexter representative on either the School Board of Directors, Dexter Utility District or the Hospital Administrative District #4 Board of Directors resigns, fails to fulfill his or her duties on said boards, or is recalled; the Council shall have the responsibility and authority to appoint interim members to fill said vacancy. Such appointed interim members shall serve until the next regular election in November. The newly elected official assumes the office immediately following the election.

Section 2.06. Judge of qualifications.
( The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office 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 the member's office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the town 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 under the Maine Rules of Civil Procedure.)

Section 2.07. Secretary to the council.
(The council shall appoint an official or employee of the town who shall have the title of secretary to the council and shall fix his compensation. The secretary to the council shall give notice of council meetings to its members and the public, keep the journal of proceedings and perform such other duties as are assigned to the secretary by this charter or by the council.)

Section (2.08) 2.06. Investigations.
The council may make investigations into the affairs of the town and the conduct of any town department, office or agency. For the purpose of investigation, the Council shall have the power to subpoena witnesses, administer oaths, and require the production of evidence.

Section (2.09) 2.07. Procedure.
A. (a) Meetings. The council shall meet at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the chairman or of four or more members and, whenever practicable, upon no less than twelve hour's notice to each member. All meetings shall be public. However, the council may recess for the purpose of discussing in a closed or an executive session limited to its own membership,(and persons deemed necessary by the Council) and for the following purposes only: any matter which would tend to defame or prejudice the character or reputation of any person provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the council until the matter is placed on the agenda.

1. to discuss personnel matter concerning individuals or groups of employees or officials, when such public discussion could damage a person's reputation, or violate an individual's right to privacy under Maine Statutes.
2. for real estate and economic development negotiations, but only when premature disclosure of information pertaining to these negotiations would hurt the Town's competitive or bargaining position.
3. for discussion of labor contracts, and proposals between the Town and labor negotiators, but these negotiations may be held openly provided that both parties agree.
4. for meetings between the Town and its attorney to discuss the legal rights of the body, pending or contemplated litigation, or settlement offers when premature general public knowledge would clearly place the town at a substantial disadvantage.
5. for discussion of information contained in records made confidential by statute, including, but not limited to, consideration of abatement requests made on the basis of poverty or infirmity.
6. for purposes of consultation between municipal officers and a code enforcement officer representing the municipality in the prosecution of an enforcement pending in District Court when the consultation relates to that pending enforcement matter.

B. Executive Sessions. Executive sessions can only be called by a motion made in public session. The nature of the business to be discussed in executive session, must be a part of that motion, although the wording of the motion should not reveal sensitive information protected by law. The motion must carry by at least 3/5 of the members present. In the case of a personnel matter involving an employee or official, that person shall have the right to be present at the executive session, as well as the person bringing charges against an individual under discussion. Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against him/her be conducted in an open meeting, and that request must be honored. No other matters except the specific subject cited in the motion to enter executive session may be discussed. In every case, the council shall come out of executive session to make its decision and to take action in public session on all matters discussed in executive session.

C. (b) Rules and journal. minutes. The council shall determine its own rules and order of business and shall provide for keeping (a journal) minutes of its proceedings. (This journal ) These minutes shall be a public record. The council shall set aside a certain amount of time(to receive petitions) for public forum to receive comments from the citizens at each regular meeting.

D. (c) Voting. Voting, (except on procedural motions, shall be by (roll-call and the ayes and nays) majority vote and the vote of each councilor shall be recorded in the (journal) minutes. A majority of the council shall constitute a quorum. (but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council.) No action of the council, except as otherwise provided in (the preceding sentence and in section 2.05) section 2.02, shall be valid or binding unless adopted by the affirmative vote of a majority of the council.

E. Abstention from Voting/Conflicts of Interest

1. A member may abstain from voting on any matter before the council by so notifying the council chairman of such intent, immediately after the agenda item is introduced. The council member shall then briefly describe the conflict of interest which in that council member's estimation prevents him/her from considering and deciding the matter in a manner consistent with the duties of an elected council member. The chairman will note, for the record, the member's intent to abstain from voting and thereafter that member will be excused from the debate on the question and will be excused from voting. An abstaining council member shall in no way participate in any discussion on the matter for which he or she has abstained.

2. In the event a council member first becomes aware of a conflict of interest after the discussion of a matter has commenced that council member shall immediately notify the council chairman and in all other regards comply with paragraph (1) . The council member shall also indicate that information which had become available and which prohibited him or her from abstaining prior to discussion.

3. No council member shall be permitted to abstain from voting on any matter before the council unless the procedure for abstention as set forth herein has been complied with and the refusal of any council member to vote shall be deemed to be a refusal to perform a duty of office and shall constitute a violation of 30-A MRSA, § 2607 for which a fine of one hundred dollars ($100.00) may be adjudged and collected in accordance with such section.

Section (2.10) 2.08. Ordinances, orders and resolves.
The council shall act only by ordinance, order or resolve. All ordinances, orders and resolves, except orders or resolves making appropriations of money, shall be confined to one subject which shall be clearly expressed in the title. All appropriation orders or resolves shall be confined to the subject of appropriations only. In addition to other acts required by law or by specific provisions of this charter to be done by ordinance, these acts of the town council shall be by ordinance which:

A. (1) Adopt or amend an administrative code or(establish, alter or abolish any town department, office or agency.) create, change and/or abolish offices, departments, agencies or boards other than the offices, departments, agencies and boards established by this charter. The town council, may by ordinance assign additional duties or functions to offices, but may not discontinue or assign to any other office, department, agency, or board any function or duty assigned by this charter to a particular office, department, agency or board. All boards established by the town council shall submit by-laws for Council review and adoption by ordinance within one year from the date of establishment of the newly created board. Each committee shall set standards of attendance in their by-laws.

B. (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.

C. (3) Levy taxes, except as otherwise provided in Article V with respect to the property tax levied by adoption of the budget.

D.(4) Grant, renew or extend a franchise.

E. (5) Authorize the borrowing of money.

F. (6) Convey or lease or authorize the conveyance or lease of any lands of the towns, except that tax-acquired property may be conveyed by order, following a duly advertised public hearing.

G. (7) Adopt with or without amendment ordinances proposed under the initiative power.

H. (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article VIII with respect to repeal of ordinances reconsidered under the referendum power. (Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution)

Section (2.11) 2.09. Ordinances in general.
A. (1) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The Town of Dexter hereby ordains ______________________". Any ordinance which repeals or amends an existing ordinance or part of the town code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

B. (2) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the council. (Upon) After introduction of any ordinance, the Secretary of the Council shall distribute a copy to each council member and to the manager, shall file a reasonable number of copies in the office of the town clerk and such other public places as the council may designate, and shall publish the 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 7 days. The hearing 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 but, if it is amended as to any matter of substance, the council may not adopt it until the ordinance or its amended sections have been subjected to all the procedures hereinbefore required in the case of a newly introduced ordinance. (As soon as practicable after adoption of any ordinance, the clerk shall have it published again together with a notice of its adoption)

C. (3) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified (therein) . by the Council. Any ordinance subject to a repeal referendum shall remain in effect until it shall have been repealed by a vote of the citizens at the next general election in November.

D. (4) "Publish" defined. As used in this section, the term "publish" means to print in one or more newspapers of general circulation in the town; (1) the ordinance and a brief summary thereof, and (2) the place where copies of it have been filed and the times when they are available for public inspection.

Section (2.12.) 2.10 Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided in subsection 5.09 (b) . 5.07 B 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 rejected at the meeting at which it is introduced, but the affirmative vote of at least 5 (five) members shall be required for adoption. After its adoption the ordinance shall be published and printed. (as prescribed for other adopted ordinances.) It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance, except one made pursuant to subsection 5.09 (b) , 5.07 B shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment 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

Section 2.13 2.11. Authentication and recording; codification; printing.
A. (a) Authentication and Recording. All ordinances(and resolutions) adopted by the council shall be attested by the secretary of the council and recorded in full by the Town Clerk in a properly indexed book kept for that purpose.
(b) Codification. Within 3 years after adoption of this charter and at least every 10 years thereafter, the council shall provide for the preparation of a general codification of all town ordinances and resolutions. The general codification shall be adopted by the council by ordinances and shall be published promptly in bound or loose-leaf form, together with this charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of Maine and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Dexter Town code. Copies of the code shall be furnished to town officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council.

B. (c) Printing and Distribution of ordinances (and resolutions) . The council shall cause each ordinance (and resolution) and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, (resolutions) and charter amendments shall be distributed or sold to the public. (at reasonable prices to be fixed by the council.) Following publication of the first Dexter Town Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the Constitution and other laws of the State of Maine, or the codes of technical regulations and other rules and regulations included in the codes. Copies of the code shall be furnished to town officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council.