TOWN OF GRAY
ADMINISTRATIVE CODE
CHAPTER 601
Adopted September 17, 1970
Amended November 1, 1991
Amended May 4, 1993
Amended December 2, 2003
TABLE OF CONTENTS
ARTICLE 1 - GENERAL
SECTION 1 - CHARTER
The words "Town Charter" mean, Chapter 108 of the Private and Special Laws of Maine 1969 entitled, "An Act to grant a Council-Manager Charter to the Town of Gray," and as may be further amended.
SECTION 2 - ADMINISTRATIVE MANUAL
The Manager is hereby authorized to issue such administrative regulations consistent with the Town Charter and Town Ordinances, as he or she deems necessary to provide for the adequate functioning of all departments. All regulations so issued shall comprise the Administrative Manual, which shall be distributed to all members of the Town Council, all department heads and to such others as the Manager may determine to be necessary or desirable and shall be available in the office of the Town Clerk for public inspection.
SECTION 3 - BONDS
Every town officer and employee who collects, has custody of or disburses any public moneys, must, at the expense of the town, furnish to the Town and maintain in full force a corporate surety bond in such amount as the Town Council may determine. Until bonded as required, no officer or employee of the Town shall handle any public moneys at any time, except employees of bonded officers doing so under their direction and responsibility.
SECTION 4 - WARRANTS AND LEGAL DOCUMENTS
All warrants for disbursements of money and all necessary legal documents shall be signed by either the chairperson of the Town Council or the Chairperson of the Council Finance Committee.
SECTION 5 - COMPENSATION
The Town Council by order shall fix the salaries of officials elected or appointed by the Town Council, including the salary of the Town Manager for his or her services and for all other services rendered by him or her. Salaries of the appointees of the Town Manager shall be fixed by the Town Manager, subject to the approval of the Town Council.
SECTION 6 - FUNDS
Every Town official shall keep an accurate account of all moneys which he or she may by virtue of his or her office come in possession of from whatever source, stating from who received, and on what account the same was paid; he or she shall pay such moneys to the Town Treasurer at such periods as the Treasurer may require.
SECTION 7 - HEADINGS
No provision of any ordinance shall be held invalid by reason of deficiency in any chapter, article or section heading it being hereby expressly provided that such headings are not a part of any ordinance.
SECTION 8 - INVESTIGATIONS
The Council may through itself or the Town Manager or any person or committee authorized by them, make any inquiry into the conduct of any office, department, agency or officer of the Town and to make investigations as to municipal affairs and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punished by a fine of not less than $10. nor more than $100., or by imprisonment for not more than 30 days or by both, such fine and imprisonment, all as provided by Section 2, Article I of the Town Charter.
SECTION 9 - NOTICE
Notice regarding dangerous structures, nuisances, removing signs or sign-posts, or any other act, shall be served:
1. By delivering the notice to the owner personally or by leaving the same at his or her residence, office or place of business with some person of suitable age and discretion, or
2. By mailing the notice by registered mail to such owner at his or her last known address or,
3. If the owner is unknown, by posting the notice in some conspicuous place on the premises five (5) days prior to the date set for compliance.
No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice posted by any Town Officer, unless permission is given to remove notice.
SECTION 10 - OATH OF OFFICE
Every town officer shall be duly sworn to the faithful performance of the duties of his or her office, as provided by Section I of Article I of the Town Charter.
#1-7 removed by amendment November, 1991
8. By the words "preceding" or "following" used with reference to a section is meant the section next preceding or following that in which it is used when not otherwise expressed.
9. The term "municipal officers" means the members of the Town Council.
10. The word "town" shall be constructed as if the words "of Gray" followed it.
SECTIONS 11-18 - REMOVED BY AMENDMENT 11/91
SECTION 19 - STATE LAW
The laws of the State of Maine which are not inconsistent with the Town Charter are hereby incorporated by reference. No person shall violate any law of the State of Maine; and no enumeration of particular State laws in ordinance of the Town shall be held to be exclusive.
SECTION 20 - STREET NAMES
The Town Manager, after considering the recommendations by Senior Staff and the 911 efforts, shall alone have the power and authority to name all streets. The established streets of the Town shall continue to be called and known by the names previously given to them by the official action of the various municipal officers of the Town, until the same shall be changed by the Town Council by ordinance.
SECTION 21 - SUITS
Every Town officer having knowledge of any fact concerning any claim or suit for or against the Town shall report such fact to the Town Attorney. It shall be the duty of every employee of the Town to report at once to the Police Chief facts which may come to his or her notice concerning any accident for which the Town may be liable; and the heads of the several departments, agencies and offices of the Town shall instruct all their employees to report such facts and information. No member of the Town Council shall act as attorney, agent or representative of any person or corporation in making prosecuting or presenting before the Town Council or any Town department, office or agency, any claim or demand against the Town.
SECTION 22 - TERM OF OFFICE
All officials and employees of the Town shall serve at the pleasure of the appointive power in each instance and may be removed at any time by the appointive power whose decision shall be final and there shall be no appeal thereof to any other office, body or court whatsoever, except as provided under Section 3, Article X of the Charter (appeal to Council within 30 days).
SECTION 23 - RULES OF PROCEDURE
The Town Council at its first meeting after the annual election shall enact its rules and order of business as provided under Section 9 of Article II of the Town Charter.
TOWN COUNCIL
ARTICLE 2 - ELECTIONS
SECTION 1 - GENERAL
The provisions of the laws of the State of Maine relating to the qualification of elections, registration, the manner of voting, the duties of election officers and all other particulars in respect to the preparation for, conducting and management of elections, so far as they may be applicable shall govern all municipal elections, except as otherwise provided in Article IX, Section 3, and Article X, Section 8, Subsection 2 of the Town Charter.
SECTION 2 - PLACE AND TIME OF OPENING ELECTIONS
It shall be the duty of the Town Council to fix the time and place of the opening of the polls in the election of officers or in any special election to decide matters submitted to a vote of the citizens and cause same to be inserted in any warrant and notification to the inhabitants of such election.
SECTION 3 - ISSUANCE OF ELECTION WARRANTS
Warrants for calling elections shall be issued by the Town Council and contain a statement of the object of the election and the time and place of which the election shall be held and be served by the Chief of Police, constable or any resident of the Town by posting an attested copy of said warrant in four (4) public and conspicuous places seven days at least before the time of said election and said warrants shall be returned to the Town Clerk before the time of the election.
SECTION 4 - FORM OF WARRANTS FOR TOWN ELECTIONS
The form of warrants for calling elections of the Citizens shall be as follows:
STATE OF MAINE
Town of Gray, SS.
To a police officer, constable or any resident of said Town of Gray.
Greetings:
In the name of the State of Maine, you are hereby required to notify and warn the inhabitants of said Town of Gray, qualified to vote according to law, to meet at the ______________ in said town, on ________ the day_________ of ________ at _________ o'clock in the a.m. or p.m. to act on the following:
Given under our hands and the seal of said Town of Gray this________ day of _______A.D. 19_____.
_________________________
_________________________
_________________________
_________________________
_________________________
Town Council of said Gray
SECTION 5 - FORM OF RETURN OF WARRANT
The form of return of the warrant shall be as follows:
STATE OF MAINE
Cumberland, SS. Gray,_______________A.D. 19_____
Pursuant to the within warrant to me directed, I have notified and warned the inhabitants of said _____________ to meet at the time and place for the purpose therein mentioned by posting attested copies of this warrant at the __________ the same being public and conspicuous places in said town as in said warrant directed on the ________ day of _______ A.D., 19____ being seven days before said election.
_____________________________________
Police Officer, Constable or resident of said
Town of Gray
SECTION 6 - REGISTRAR
The registrar of voters shall be appointed by the Town Manager.
SECTION 7 - BALLOT AND ELECTION CLERKS
The Town Council shall biannually in the month of May appoint 4 clerks. The Town Council shall appoint as such clerks such persons as shall be recommended in writing for appointment by the political parties. Each of such clerks shall be sworn to faithful performance of his or her duties and shall hold office for two years from the date of his or her appointment and until a successor is appointed and qualified or he or she vacates the office. A removal to another town shall constitute a vacancy. Vacancies occurring in the office of election or ballot clerk shall be filled by the Town Council in manner herein before provided. No person shall be eligible to the position of election clerk if he or she is a candidate to be voted for. The Town Council, may when necessity requires, appoint additional election clerks, who shall be
sworn and shall assist the elections officers. Such additional clerks shall be recommended and appointed in the same manner, hold office for the same time and receive the same compensation as is provided for regular election clerks.
SECTION 8 - COMPENSATION
Each warden, election and ballot clerk shall be paid such amount per hour for each election held in the Town of Gray at which they shall attend, as the Town Council may determine for each election.
SECTION 9 - ELECTION WARDEN
The Warden shall, after each election, complete and deposit the records and all papers connected therewith with the Town Clerk.
SECTION II
THE TOWN MANAGER
SECTION 1 - ESTABLISHMENT
There shall be an officer of the Town who shall have the title of Town Manager, appointed by the Council, to serve during the pleasure of the Council.
SECTION 2 - DUTIES
He or she shall perform such duties as are specified in Article III of the Town Charter, including complete executive direction of the administrative services of the Town.
SECTION 3 - DIVISION OF ADMINISTRATIVE SERVICE
The administrative service of the Town shall be divided, under the Town Manager, into the following departments:
Department |
Head |
Finance Department |
Tax Collector - Treasurer |
Records Department |
Town Clerk |
Police Department |
Police Chief |
Fire Department |
Fire Chief |
Building Inspection Department |
Building Inspector |
Health Department |
Health Officer |
Public Welfare Department |
Director of Public Welfare |
Public Works Department |
Director of Public Works |
Parks & Recreation Department |
Recreation Director |
SECTION 4 - DEPARTMENT HEADS
The head of departments shall:
1. Perform duties. Perform duties required by his or her office by charter, by ordinance, or other laws and he or she shall perform such duties not in conflict therewith as may be assigned by the Town Manager.
2. Responsibility to the Town Manager. Be immediately responsible to the Town Manager for effective administration of their departments.
3. Sound Practices. Keep informed as to the latest practices in their particular field and inaugurate, with the approval of the Town Manager, such new practices as appear to be of benefit to the service and the public.
4. Report to the Town Manager. Submit reports of the activities of their departments when requested by the Manager.
5. Maintain Equipment. Be responsible for the proper custody and maintenance of all town property and equipment used in their departments.
SECTION III
DEPARTMENT OF FINANCE
SECTION 1 - ESTABLISHMENT
There shall be a Department of Finance, the head of which shall be the Tax Collector-Treasurer who shall be the Town Manager. There shall be a Tax Assessor appointed by the Town Council as provided in Article II, Section 4 of the Town Charter and serve at its pleasure. There shall be a purchasing agent, which shall be the Town Manager. A Board of Assessment Review who shall be appointed by the Council as provided in Article VI, Section 2 of the Charter.
SECTION 2 - BOND REQUIREMENTS
Corporate surety bonds shall be furnished to the Town by the Tax Collector and Treasurer and his or her Deputy. Premium to be paid by the Town.
SECTION 3 - DUTIES
The Tax Collector-Treasurer shall be responsible for the financial planning, budgeting, supervise the lease, rental or use and the maintenance of all town property not used by other departments of the Town.
SECTION 4 - DIVISION OF ASSESSMENT
The head of the division of assessment shall be the Town Assessor, who shall be responsible for all work in connection with the assessing of property and the preparation of all assessment and tax rolls and tax notices as required by state law.
SECTION 5 - BOARD OF ASSESSMENT
Removed by council amended May 4, 1993. Moved to Council Rules
SECTION IV
RECORDS DEPARTMENT
SECTION 1 - ESTABLISHMENTS
l. Department of Records, the head of which shall be the Town Clerk. The Town Clerk shall appoint a Deputy Town Clerk to act as his or her agent.
2. Duties - He or she shall authenticate by his or her signature and be responsible for the filing and safekeeping of all proceedings of the Council, which shall be open to public inspection.
3. Keep and maintain all election records and have custody of all property used in connection with elections.
4. Issue to every person appointed to any office by Town Council or by the Town Manager, a certificate of such appointment.
5. Publish all legal notices unless otherwise provided.
6. File and preserve all contracts, surety bonds, oaths of office and other documents not required to be filed elsewhere.
7. Obtain and maintain all statistics relating to births, marriages and deaths as required by law.
8. Be the custodian of the Official Town Seal.
9. Perform all duties and exercises all powers vested in town clerks by Town Charter or State Law.
10. Maintain in his or her office a public information service, to furnish information concerning the town government relative to the public service. All reasonable requests for information shall be complied with promptly and courteously, provided the required information is available in the office of the Town Clerk; otherwise the Town Clerk shall refer the individual to the proper department or request the proper agency of the Town for such information as is required and such agency shall supply the same as quickly as possible. Nothing herein shall be meant to require the Town Clerk to supply or to request any other department to supply the type of information which either State Law or public interest requires to be kept confidential. Nor shall any information be prepared or supplied when the cost of so doing would result
in an expense to the Town. Such information may be furnished if paid for in advance by the applicant.
11. Account for all State Moneys received by him or her in such manner as the treasurer may require.
SECTION V
POLICE DEPARTMENT
SECTION 1 - ESTABLISHMENT
There shall be a Police Department, the head of which shall be the Police Chief who shall be appointed by the Town Manager. There shall also be a Dog Officer, and a Sealer of Weights and Measures, all of who shall be appointed by the Town Manager.
The number of regular and special policeman, including special fire policeman shall be determined by and each such policemen shall be appointed by the Town Manager. Special policemen shall have all the powers vested by law in Special Town Policeman; said special policemen shall serve only when and as specifically required by the Police Chief, and shall function only under the direction of the police chief; they shall assist the police chief; they shall assist the police chief whenever called upon and whenever so called shall be compensated for services rendered, as the Town Manager may determine.
No special policeman shall be on duty as a special policeman at any time or place without being ordered to do so by the Police Chief or Town Manager.
SECTION 2 - DUTIES OF POLICE CHIEF
The police chief shall be the commanding officers of the police force. He shall:
1. Be responsible for the enforcement of law and order.
2. Direct the police work of the Town.
3. Arrange for the attendance of one or more police officers at every fore, to preserve order and to prevent theft and destruction of property.
4. Cause the streets, ways and lands of the Town to be inspected, regularly and remove all nuisances, obstructions or impediments therein, causing offenders to be persecuted when necessary to abate such nuisance.
5. Cause to be observed, and reported immediately to the Town Manager, all defects and need of repair in streets and sidewalks.
6. Receive and deliver all notices and papers to members of the Town Council and to the Town Manager and officers appointed by either, when requested by the Town Clerk, and make due return thereof.
7. Be responsible for the maintenance and care of all property used by the Police Department.
8. Investigate, or cause to be investigated, the cause and circumstances of any accident occurring for which the Town may be liable, instruct all police officers to report to him or her such accidents; and notify the Town Manager promptly of all such accidents. Whenever any police officer shall in any manner have been called to any a accident for which the Town may be liable, it shall be the duty of such police officer to communicate such facts and information as he or she may have to the Police Chief.
9. Investigate promptly all applicants for any license or permit when such application requires certification by the Police Chief, and either deliver promptly to the Town Clerk a certificate approving such license or permit or promptly advise the Town Clerk of his or her refusal to so certify.
SECTION 3 - DOG OFFICER
The Town Manager shall designate one or more police officers to be titled Dog Officer, whose duties shall be to enforce state and local laws regarding dogs.
SECTION 4 - SEALER OF WEIGHTS AND MEASURES
The Town Manager shall appoint for an indefinite term to serve at his or her pleasure a sealer of weights and measures. He or she shall have such powers and perform such duties as may be authorized or required by state law or town by state law.
SECTION VI
FIRE DEPARTMENT
SECTION 1 - ESTABLISHMENT
There shall be a Fire Department, the head of which shall be the Fire Chief, who shall be appointed by the Town Manager.
SECTION 2 - DUTIES OF THE FIRE CHIEF
The Fire Chief is charged with the prevention and extinguishment of fires, the protection of life and property against fire, and the removal of fire hazards. He shall be responsible for the care and maintenance of all property used by the Fire Department. He shall inspect promptly all premises for which a license or a permit is applied for, which requires certification by the Fire Chief, and either deliver promptly to the Town Clerk a certificate approving the license or permit applied for, or promptly advise the Town Clerk of his refusal to so certify.
SECTION 3 - VOLUNTEER FIREMEN
The procedure for selection of volunteer firemen shall be as established by the fire company.
SECTION VII
BUILDING INSPECTION
SECTION 1 - ESTABLISHMENT
There shall be a Department of Building Inspection, the head of which shall be the Building Inspector who shall be appointed by the Town Manager. He shall be assisted by the Plumbing Inspector and Electric Inspector, both of whom shall be appointed by the Town Manager. In addition, these Inspectors will coordinate their work with the Fire Chief to assure that all safety regulations are being complied with.
SECTION 2 - DUTIES OF BUILDING INSPECTOR
1. Be responsible for all building permits as required, and perform all other duties of him by the Building Code.
SECTION 3 - DUTIES OF THE ELECTRICAL INSPECTOR
1. Be responsible for issuing all electrical permits as required under Section 18 of the Building Code.
SECTION 4 - DUTIES OF THE PLUMBING INSPECTOR
1. Be responsible for issuing all plumbing permits as required under Section 17 of the Building Code.
The above inspectors shall also be responsible for handling building or zoning ordinance violations by notifying the violator that he must correct the problem. If after a reasonable time the violation continues, the inspector shall then report it to the Town Manager, who, through the Town's legal counsel, shall take the necessary action o enforce compliance with the law.
SECTION VIII
HEALTH DEPARTMENT
SECTION 1 - ESTABLISHMENT
There shall be a department of Public Health, the head of which shall be the Health Officer, appointed by the Town Manager. There shall also be one or more plumbing inspectors appointed by the Town Manager, to be under the direction of the Health Officer.
SECTION 2 - DUTIES OF HEALTH OFFICER
The Health Officer shall have charge and control of all functions involved in protection and preserving the public health; he shall have all the power provided by state law or town ordinance relative thereto. Among other powers, he shall exercise the functions of:
1. Communicable disease control, which shall include the power of quarantine and detention, and the adoption of such other measures as will prevent the spreading or aid in the prevention of communicable diseases.
2. Sanitation, which shall include inspection of the preparation, manufacture, storage and sale of all articles and commodities intended for human consumption and the regulation of all matters pertaining to the sanitary condition affecting the public health.
3. Nursing, which shall consist of the inspection of the operation of all private or public infant, pre-school, and school hygiene programs, and their direct operation if and when so authorized by ordinance.
SECTION 3 - LICENSE INSPECTION
He shall inspect promptly all premises for which a license applied for requires certification by the Health Officer, and either deliver to the Town Clerk promptly a certificate to the effect that health laws are complied with and the proper sanitary conditions exist, or promptly advise the Town Clerk of his refusal to so certify.
SECTION 4 - COMPLAINTS
The Health Officer shall receive and examine all complaints made by any of the inhabitants of Gray concerning nuisances dangerous to life and health within the limits of the town'; enter upon or within any place or premises where nuisances or conditions dangerous to life or health are known or believed by him to exist and personally, or by appointed agents, inspect and examine the same and all owners and occupants shall permit such sanitary examination. He shall have the power and it shall be his duty to order the suppression and removal of nuisance and conditions detrimental to life and health known by him to exist within the limits of the Town.
SECTION 5 - PENALTY
Any person who shall refuse or neglect to comply with any of the lawful orders of the Health Officer shall be subject to a fine of penalty of not exceeding twenty dollars ($20.) for each offense, unless otherwise provided; and wherever such order required that a certain act be done or performed within a specified time, then any person neglecting or refusing to do or perform such act within the required time shall be subject to fine or penalty not exceeding twenty dollars ($20.) for each 24 hours thereafter that he shall refuse or neglect to do or perform the same, unless otherwise provided.
SECTION 6 - PLUMBING INSPECTOR
The Plumbing Inspector or Inspectors shall perform such duties as may be required by State Law by any ordinance to the Town.
SECTION IX
DEPARTMENT OF PUBLIC WELFARE
SECTION 1 - ESTABLISHMENT
There shall be a Department of Public Welfare, the head of which will be the Director of Public Welfare who shall be, or be appointed by, the Town Manager.
SECTION 2 - DUTIES
The Director of Public Welfare shall:
1. Be responsible for the planning, budgeting, reporting and control of the Town welfare program.
2. Exercise all the powers and perform all the duties conferred or imposed by state law upon Overseers of the poor.
SECTION X
DEPARTMENT OF PUBLIC WORKS
SECTION 1 - ESTABLISHMENT
There shall be a Department of Public Works, the head of which shall be the Director of Public Works who shall be appointed by the Town Manager. The number of employees shall be determined by, and each employee shall be appointed by the Town Manager.
SECTION 2 - DUTIES
The Director of Public Works shall:
1. Be responsible for all matters pertaining to construction, management, maintenance, and operation of the physical properties of the Town under the administration of the Town Manager.
2. Be responsible for all planning in connection with such changes or improvements to the physical properties as are essential or desirable for the future growth of the Town.
3. Be responsible for the care and maintenance of all property used by the Public Works Department.
4. See that no encroachments are made upon any street, public place, land or ground of the Town, by fences, building or otherwise, and whenever any encroachments shall hereafter be made upon the same, and the party making such encroachments shall neglect or refuse after notification to remove the same, to report the facts at once to the Police Chief and Town Manager and cooperate to the end that the person so offending shall be prosecuted and the nuisance abated.
SECTION 3 - DIVISION OF TREE CARE
There shall be a division of Tree Care, the head of which shall be the Tree Warden who shall be appointed by the Town Manager.
SECTION 4 - DUTIES OF THE TREE WARDEN
l. Be responsible for the care and control of all public shade trees upon and along all highways, streets, and parks and shall enforce all laws relative to the preservation of same.
2. Be responsible for initiating an adequate tree planting program for the Town.
SECTION XI
PLANNING BOARD
Removed by amendment May 4, 1993
SECTION XII
ESTABLISH OF A PARKS & RECREATION DEPARTMENT
SECTION 1 - ESTABLISHMENT
The shall be a Department of Parks and Recreation, the head of which shall be the Parks & Recreation Director, who shall be appointed by the Town Manager upon consultation with the Parks & Recreation Advisory Committee and the Newbegin Community Center Advisory Council.
SECTION 2 - DUTIES OF THE DIRECTOR
1. Be responsible for the supervision of all public recreation programs.
2. Be responsible for maintenance of all public parks and recreational areas within the Town.
3. Be responsible, with the advice of the Parks & Recreation Committee, for employing, if and when necessary, such recreational personnel as may be approved by the Town Manager.
4. Be responsible for the operation and planning for the Newbegin Community Center, acting as General Manager for same.
5. Submit all receipts from the Newbegin Community Center and Parks & Recreation to the Town Treasurer.
SECTION XIII
PARKS & RECREATION COMMITTEE
Removed by amendment May 4, 1993
SECTION XIV
NEWBEGIN COMMUNITY CENTER ADVISORY COUNCIL
Removed by amendment May 4, 1993
SECTION XV
ESTABLISHMENT OF DEPARTMENT OF ECONOMIC DEVELOPMENT
Removed by amendment May 4, 1993
SECTION XVI
RESCUE UNIT
SECTION 1 - ESTABLISHMENT
There shall be a Rescue Unit, the head of which shall be the Captain, who shall be appointed by the Town Manager.
SECTION 2 - DUTIES OF THE CAPTAIN
1. The Captain shall be responsible for the operation of the Rescue Unit. He/she shall be responsible for the care and maintenance of all property used by the unit. The Captain shall be responsible for the proper training of the volunteers under him/her.
2. The Captain shall approve all routine operating expenses and submit them to the Town Treasurer for payment. Any expenditures other than routine expenses must be authorized by the Town Manager.
SECTION 3 - VOLUNTEERS
The procedure for selection of Rescue Unit Volunteers shall be established by the members.
SECTION XVII
LIBRARY COMMITTEE
Removed by amendment May 4, 1993
SECTION XVIII
CATV ADMINISTRATIVE COMMITTEE
Removed by amendment May 4, 1993
SECTION XIX
CONSERVATION COMMISSION
Removed by amendment May 4, 1993
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