City Charter: Mayor Related
Per the Westbrook City Charter:
Article 2 - Mayor
2.1 Executive Authority of the Mayor.
The executive powers of the City shall be vested wholly in the Mayor, and may be exercised either personally or through the several officers and boards of the City in their departments, under the Mayor’s general supervision and control.
2.2 Mayor’s Authority Generally.
The Mayor’s executive authority shall include the power to organize the City into various Departments in order to promote the effective and orderly management of the City. This authority includes the power to hire and discharge employees in accordance with applicable laws, regulations and contracts.
Notwithstanding the above, the Mayor shall recommend the appointment or removal of the City Clerk, but the full City Council shall have the final decision in regard to such appointment or removal by a vote of at least five (5) members of the City Council.
The Mayor shall hold office for the term of three (3) years from the first Monday in December following the Mayor’s election, unless sooner removed, and until a successor is elected and qualified.
2.4 Mayor’s Authority to Veto Action of the City Council.
Every ordinance, order, resolution or vote of the City Council, except such as relates to its own internal affairs, to its own officers or employees, to the election or duties of the Auditor of Accounts, to the removal of the Mayor, or to the declaration of a vacancy in the office of Mayor, shall be presented to the Mayor for approval.
If not approved the Mayor shall return it, with objections, at the next session of the City Council, and the City Council shall cause such objections to be entered at large upon its journal, and shall proceed to reconsider the same. If upon such reconsideration, it shall be passed by a two-thirds (2/3) vote of all the members of the City Council, it shall have the same effect as if signed by the Mayor.
In case of a vacancy in the office of Mayor when such ordinance, order, resolution or vote is finally passed, it shall go into effect without approval but must be passed by a roll call of a majority of all the members of the City Council.
2.5 Mayor’s Authority as to Appropriation & Expenditure.
Whenever any ordinance, order, resolution or vote of the City Council involves an appropriation or expenditure of money, the Mayor may approve it as a whole, or the Mayor may approve or disapprove specific items thereof, and the portions approved shall then be in force in like manner as if no part thereof had been disapproved, and the items disapproved shall thereupon take the course herein provided for orders or ordinances disapproved as a whole.
2.6 Removal of the Mayor.
The Mayor may be removed from office by the City Council for official misconduct or neglect of duty. At any meeting of the City Council, it shall be in order for any member thereof to give written notice, seconded in writing by a majority of at least of all the members of the City Council, of the intention to move, at the next meeting thereof, occurring within not less than ten (10) days, a resolution that the Mayor be removed from office.
Such notice shall specify as particularly as possible the acts of misconduct, or the instances of neglect of duty complained of, shall be entered by the City Clerk in the minutes of the City Council, and the Clerk shall within two (2) days serve a copy thereof, upon the Mayor at the Mayor’s residence, and mail a copy to each of the members of the City Council.
At such next meeting of the City Council, the Mayor shall have the right to speak and present a defense, and to be heard by counsel.
The City Council shall vote on the resolution by roll call. If the resolution receives the affirmative vote of three-fourths (3/4) of all the members of the City Council, it shall, upon the service of a copy thereof upon the Mayor, personally or by leaving the same at the Mayor’s residence, take effect, and the office of Mayor shall thereupon become vacant. The City Council shall thereupon cause a warrant for a new election for mayor to be issued and such further proceedings shall be had as are provided herein, for the case of a failure to elect a Mayor.
If the resolution fails to receive the affirmative vote of three-fourths (3/4) of all the members of the City Council, it shall have no effect, and shall not be reintroduced during that meeting of the City Council.
2.7 Mayor to Hold No Other Position.
During the Mayor’s term of office, the Mayor shall receive no salary or compensation for discharging the duties of any other office established by or under the provisions of this Charter. During the Mayor’s term, the Mayor shall be ineligible to serve as an employee of the City or School Department.