NO. M-1.  AN ACT RELATING TO THE CITY OF ST. ALBANS CHARTER.

(H.25)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  CHARTER APPROVAL

The City of St. Albans charter is amended as provided in this act.  Proposals of amendment were approved by the voters on March 5, 2002 and validated by the voters on September 10, 2002.

Sec. 2.  24 App. V.S.A. chapter 11, § 9 is amended to read:

§ 9.  CITY MANAGER

(a)  The city council shall, within three months of the date of acceptance by a majority of the legal voters of the City of St. Albans present and voting at a duly warned meeting, appoint and employ a city manager.  He The city manager shall be chosen, and his or her salary fixed, by the council solely on the basis of his or her technical education as a city manager and executive and administrative qualifications.  His The city council’s choice shall not be limited to the inhabitants of the city or state.

(b)  The council shall appoint the city manager for a three-year term and may remove him the city manager by a majority vote of its members.  At least thirty 30 days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his or her removal.  The manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty 20 days nor later than thirty 30 days after the filing of such request.  After such public hearing, if one is requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal.  During the absence or disability of the city manager the city council shall designate some properly qualified person to perform the duties of the office.

(c)  Neither the city council nor any of its committees shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him or her from exercising his or her own judgment in the appointment of officers and employees in the administrative service with the exception of the appointment of the superintendent of streets, the chief of the board of fire wardens, and the chief of police, as provided in subsection (e) of this section.  Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.

(d)  The city manager shall be responsible to the city council for the proper administration of all affairs of the city not otherwise herein delegated, and to that end shall make all appointments, except as otherwise provided in this act.  Except when the council is considering his or her removal, he the city manager shall be entitled to be present at all meetings of the council and to take part in their discussion.  He The city manager shall prepare and submit to the council an annual budget after receiving estimates made by the several city officers and offices.

(e)  The city manager shall within 30 days of his or her appointment and annually thereafter appoint, and may remove at his or her pleasure and appoint others in their stead, the following officers, none of whom shall be members of the city council, viz:  a superintendent of streets, a health officer, a first and second constable, three auditors, a board of fire wardens, consisting of one chief and a first and second assistant engineer, a chief of police, and such number of other police officers as he or she shall deem necessary, three listers, to constitute the board of listers, an overseer of the poor, and such other officers as are required by law and are not declared to be elective officers by the terms of this act.  Appointments by the city manager of the following officers shall be subject to the approval of the city council, viz:  superintendent of streets, chief of the board of fire wardens, and chief of police.  Such appointive officers, shall, unless removed, serve for one year and until their successors are appointed and qualified.  Such officers and employees appointed by the city manager as herein provided shall be immediately responsible to the city manager for the administration of their departments and their advice in writing may be required by him or her on all matters affecting their departments.  They shall prepare departmental estimates which shall be open to public inspection, and they shall make all other reports and recommendations concerning their departments or offices at stated intervals or whenever requested by the city manager.

(f)  The city manager shall be the collector of taxes and shall have the same powers and be subject to the same liabilities in and for the city as collectors of town taxes in this state by law have and are subject to and in the exercise of that office shall perform the same duties collectors of town taxes are required to perform unless otherwise provided by this charter.  It shall be the duty of the city manager as the collector of taxes to execute all tax warrants and other like warrants as shall be delivered to him or her by the city treasurer, and he the city manager shall pay all taxes, assessments, penalties, tax collectors collectors’ fees and service rates as soon as they are collected into the city treasury.  The length and manner of notices required to be given by the collector of taxes to resident and nonresident delinquent taxpayers shall be the same as provided by state statutes.

Sec. 3.  24 App. V.S.A. chapter 11, § 10 is amended to read:

§ 10.  THE MAYOR AND ALDERMEN

(a)  The mayor shall be the chief executive officer of the city.  He The mayor shall use his or her best efforts to see that the laws and city ordinances are enforced, and that the duties of all subordinate officers are faithfully performed; and shall bring before the board of aldermen whatever he or she may deem worth worthy of their its attention, for prudentially and efficiently carrying on the affairs of the city.  In his the mayor’s absence, the president of the board of aldermen shall act as mayor in his or her stead.  The mayor, with the consent of the board of aldermen, shall have the power to remit penalties for the breach of city ordinances, in whole or in part and shall cause the reason for such remission to be entered on the city records.

(b)  The Mayor mayor shall preside at all meetings of the city, with the power of moderator in town meetings, and at all meetings of the city council.

(c)  The city council shall have all the powers of selectmen.  Said city council shall hold a meeting on the second Monday, of each month, and oftener at the call of the mayor or at the call of the majority of the board of aldermen; the presence of a majority of said council shall be necessary to transact business at any meeting.

(d)  The city council shall establish rates to be paid for the use of water supplied by the city water-works waterworks, which shall be called service rates, and shall be collected by the city treasurer; water from said city water‑works waterworks may, at the option of the city council, be furnished outside of the limits of the City of St. Albans.

(e)  The city council shall appoint, for terms not exceeding three years, auditors, none of whom shall be members of the city council, upon such terms and conditions, including compensation, as the city council deems appropriate.

Approved:  February 21, 2003