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NO. M-7. AN ACT RELATING TO AMENDMENTS TO THE CITY OF BURLINGTON CHARTER.

(H.551)

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

* * * Terms of Office; Ward Clerks and Election Inspectors * * *

Sec. 1. APPROVAL OF 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 March 2, 1999.

Sec. 2. 24 App. V.S.A. chapter 3, § 10 of the Charter is amended to read:

§ 10. SPECIFIED; SELECTION

The ward officers shall be a clerk and three inspectors of election. All three inspectors of election may not be members of the same political party. In such event, the city council shall forthwith appoint an inspector who shall serve instead of the candidate who received the third largest number of votes. *[Such officers]* Ward clerks shall be chosen *[annually]* for two-year terms and inspectors of elections for three-year terms by the legal voters of each ward at the annual city election. The ward clerks elected March 7, 2000 shall take

office April 4, 2000. Three inspectors of election shall be elected in each ward on March 7, 2000, one for a one-year term commencing April 4, 2000 and terminating March 31, 2001; one for a two-year term commencing April 4, 2000 and terminating March 31, 2002; and one for a three-year term commencing April 4, 2000 and terminating March 31, 2003. Thereafter, all inspectors of elections shall be elected for three-year terms.

* * * Enforcement of Ordinances and By-laws * * *

Sec. 3. 24 App. V.S.A. chapter 3, § 51(a) of the Charter is amended to read:

(a) The violation of an ordinance, regulation or by-law adopted by the city, including, without limitation, zoning and subdivision by-laws adopted pursuant to chapter 117 of Title 24 of the Vermont Statutes Annotated, as the same may be amended from time to time, may be prosecuted as a criminal or civil action.

* * * City Department Heads * * *

Sec. 4. 24 App. V.S.A. chapter 3, § 48(63)(D) of the Charter is amended to read:

(D) *[The board shall, between the 25th day of June and the lst day of July in each year, appoint a public works director, whose term of office shall begin on the first day of July and who shall serve for one year, and until his or her successor is appointed and has qualified.]* 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 board. *[The board may for such causes as incapacity, negligence or bad conduct suspend or remove the director from office and fill any vacancy by new appointment.]*

Sec. 5. 24 App. V.S.A. chapter 3, § 69(b) of the Charter is amended to read:

(b) It shall be the duty of those who were members of any board or commission during and just before the close of any fiscal year, though the term of one or more of them as a member of such board or commission may have expired at the close of such fiscal year, to prepare, sign and present to the clerk/treasurer after the close of said fiscal year and in time for publication of the same in the city report for that year, in the name and on behalf of such board and commission, a full financial report including all revenues and expenses of all the matters and statistics of which a full record is required by this section to be kept by such board or commission during such fiscal year and to be published in the city report.

Sec. 6. 24 App. V.S.A. chapter 3, § 70(a) of the Charter is amended to read:

(a) No superintendent, board or commission member or corresponding executive officer of any city department, with the exception of the health, police*[,]* and fire *[and public welfare]* departments, and then only in case of an emergency, shall expend any money or incur any obligation, unless there is an available appropriation from which the same may be paid and to which it may be charged, and shall not at any time expend any money or incur any obligation in excess of such appropriation*[, and in]*. In case any such superintendent, board or commission member or corresponding executive officer of any city department violates this provision, *[his]* the city clerk/treasurer shall report such occurrence to the mayor and to the city council. The mayor shall advise the city council as to whether there was appropriate justification for such violation and if the mayor and city council agree that such violation was unjustified, the mayor may recommend and the city council may determine that the office shall thereupon become vacant and shall be forthwith filled for the unexpired term by the officials authorized to make the original appointment in such case. Nothing in this section shall be construed to authorize the city council to remove a duly-elected school commissioner or the superintendent of schools.

Sec. 7. 24 App. V.S.A. chapter 3, § 127 of the Charter is amended to read:

§ 127. DEPARTMENT HEADS AND OTHER OFFICERS

(a) On or before the first day of June 1999, and whenever a vacancy shall occur, the applicable board of commissioners shall deliver to the mayor a list of individuals who are qualified, in the commission's view, to be appointed as director of aviation, cemetery superintendent, general manager of the Burlington electric department, chief engineer of the fire department, police chief, executive director of the Church Street marketplace district, superintendent of the parks and recreation department and director of the department of public works respectively. Such list shall not contain less than two names unless there is concurrence between the commission and the mayor as to the individual to be appointed, in which case only that name may be presented to the mayor. The mayor shall appoint the department head from the list presented, such appointment to occur no later than fifteen (15) days after the list has been presented. Reappointments shall be the responsibility of the applicable commission. However, the mayor shall be regarded as a voting member of each such commission on the question of reappointments. The initial two terms of any occupant of such positions may not exceed one year in length, from and after the July 1st following the date of appointment and until a successor has been appointed and qualified. Thereafter, the reappointment may be for a term not less than one year nor more than three years in length. The mayor may remove any such officer during the term of his or her office for negligence, incapacity or bad conduct as determined by the mayor with the concurrence of the applicable commission. The mayor and the applicable commission shall be responsible annually to approve the goals and objectives of and to evaluate the performance of the above-referenced department heads.

(b) All officers whose terms of office are not herein or by general law otherwise specified, shall, except as herein otherwise provided, hold their offices for the specified terms from the first day of July following their appointment, and until their successors are appointed and have qualified.

Sec. 8. 24 App. V.S.A. chapter 3, § 186 of the Charter is amended to read:

§ 186. MANNER OF FILLING VACANCIES

*[Whenever a vacancy occurs in the office of chief, the board of police commissioners shall appoint a successor.]* Whenever a vacancy occurs in any other position, the chief may appoint a successor, with the consent of a majority of the board of police commissioners.

Sec. 9. 24 App. V.S.A. chapter 3, § 198 of the Charter is amended to read:

§ 198. FIRE DEPARTMENT; CREATED; MEMBERS; APPOINTMENT

There shall be a paid fire department for said city, which shall consist of the following members, to wit: One chief engineer, and such subordinate positions as the board of fire commissioners and the city council may authorize from time to time. The members of said fire department shall be appointed by said fire commissioners. Provided, however, the appointment of the chief engineer shall be as specified in section 127 of this Charter.

Sec. 10. 24 App. V.S.A. chapter 3, § 205 of the Charter is amended to read:

§ 205. PARKS AND RECREATION DEPARTMENT; BOARD TO

APPOINT *[SUPERINTENDENT AND]* ENGINEER AND OTHER

OFFICERS AND EMPLOYEES

*[Said board shall, between the 25th day of June and the first day of July, 1976, and annually thereafter, appoint a superintendent of parks and recreation, whose term of office shall begin on the first day of July, and who shall serve for one year and until his successor is appointed and has qualified]*. Said board shall *[also]* have power to employ an engineer and such other officers and employees as it may deem necessary. The board shall prescribe and assign the respective duties, powers and authority, and shall, subject to the approval of the city council, fix and regulate the compensation to be paid to the several persons so appointed and employed.

Sec. 11. 24 App. V.S.A. chapter 3, § 227 of the Charter is amended to read:

§ 227. SUPERINTENDENT; *[APPOINTMENT; TERM;]* DUTIES

*[The board of light commissioners shall, between the twenty-fifth day of June and the first day of July, 1949, and annually thereafter, appoint a superintendent of the city's electric light plant, whose term of office shall begin on the first day of July, and who shall serve for one year and until his successor is appointed and has qualified.]* The superintendent shall have the special and immediate care and practical supervision of the said electric light plant and city property in connection therewith, but shall at all times be subject in respect thereto, to the orders of said board of light commissioners. With the approval of a majority of the board of light commissioners, and notwithstanding the provisions of any other section hereof, the superintendent may execute and issue on behalf of the city and the electric light department drafts, checks and/or other negotiable orders for the payment of the bills and charges of the department provided that any such payment shall be made exclusively from the revenues of such department.

Sec. 12. 24 App. V.S.A. chapter 3, § 276 of the Charter is amended to read:

§ 276. COMPOSITION; TERMS; POWERS; MANAGER

(a) The board of airport commissioners of the City of Burlington shall consist of four legal voters of said city to be appointed by the city council with mayor presiding to serve for four years and until their successors are appointed and qualified. In addition, so long as the public aviation field and municipal airport is located within the limits of the City of South Burlington, the board of airport commissioners shall likewise consist of one legal voter of said City of South Burlington to be appointed by the governing body thereof to serve for four years and until his successor is appointed and qualified. Said board shall have the exclusive general management and control of all lands owned or leased and used by the city for the purpose of a municipal airport, and of all buildings, property and equipment of the city thereon, and shall see that the same are kept in good condition and repair, but shall be subject in all respects to any limitations or restrictions contained in the ordinances, resolutions and orders of the city council; but shall have no power to expend any money or incur any debt beyond the amount of the appropriations made by the city council.

(b) The said board shall have power to make and alter from time to time, all needful rules and regulations for the maintenance of order, safety, and decency within the boundaries of said airport and to fix penalties for disobedience thereof; which rules and regulations shall have the force of ordinances of the City of Burlington; provided, that no such rule or regulation shall be of any effect unless it shall have been first approved by the city council, and then published in full in one or more of the daily newspapers published in Burlington, and also printed and posted in conspicuous places within the limits of the property to which such regulation is intended to apply.

(c) *[Said board shall, annually, between the twenty-fifth day of June and the first day of July, appoint an airport manager, whose term shall begin on the first day of July, and who shall serve for one year, or until his successor is appointed and qualified. He]* The director of aviation shall be under the control and direction of said board*[, and they may at any time remove him from office and fill the vacancy by new appointment]*.

Sec. 13. 24 App. V.S.A. chapter 3, § 324(b)(10) of the Charter is amended to read:

(10) To appoint *[a manager and]* such *[other]* employees and agents as it may deem necessary or expedient for the operation of the marketplace. The director shall be appointed in accordance with the requirement of section 127 of this Charter;

Sec. 14. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: May 19, 1999