NO. M-14.  AN ACT RELATING TO THE CHARTER OF THE CITY OF BURLINGTON.

(H.775)

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

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 4, 2003 and March 2, 2004.

Sec. 1a.  24 V.S.A. App. chapter 3, § 48 is amended to read:

§ 48.  ENUMERATED

The city council shall have power:

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(64)(A)  Where there is no written rental agreement and notwithstanding subsection 4467(c) of Title 9, to prohibit, by ordinance, a landlord from terminating a tenancy of rental housing within the city for no cause unless the landlord provides to the tenant written notice of at least 90 days when the tenancy has been less than two years and of at least 120 days when the tenancy has been two years or more.

(B)  Unless inconsistent with a written rental agreement or otherwise provided by law, and notwithstanding the provisions of subsection 4456(d) of Title 9, to require, by ordinance, tenants who wish to terminate a residential tenancy to give actual notice to the landlord at least two rental periods prior to the termination date specified in the notice.

(65)  To prohibit increases in rent for rental housing within the city without advance written notice of at least 90 days.

Sec. 2.  24 App. V.S.A. chapter 3, § 128 is amended to read:

§ 128.  MANNER OF FILLING

In case of a vacancy in the office of mayor, occasioned by death, resignation, removal from said city, permanent inability to serve, failure to elect or disqualification of the person chosen, such vacancy shall be filled at the first annual city meeting which occurs thereafter, by the election of a successor for the remainder of the mayor’s official term, provided such vacancy occurs at least three months before such annual meeting, and the president of the city council shall act as mayor until such successor is elected and has qualified; otherwise, the president of the city council shall act as mayor for the remainder of the mayor’s official term; and in case of any vacancy in the city council from any of the above mentioned causes, the same shall be filled by a new election in the proper ward; and if any city councilor shall remove out of the ward for which he or she may have been elected or no longer reside in such ward as a result of reapportionment, his or her office shall thereupon become vacant and the same shall be filled by a new election in the proper ward; and in case there shall arise an occasion for any such new election, as a result of a vacancy in the office of mayor or city councilor for any of the above mentioned causes, the same shall be held within ninety 90 days of the date of such vacancy, provided such vacancy shall occur before the first day in October in any year, unless a citywide election has been prescheduled to occur between the 90th and the 120th day of the date of such vacancy, in which case the same shall be held on such prescheduled election date; otherwise it shall be filled at the next annual city election.  In every case, the person so elected shall serve for the remainder of the official term.  In the case of reapportionment, such election shall be held at the next ensuing annual city meeting and the term of the city councilor who no longer resides in the ward as a result of reapportionment shall continue until the newly elected city councilor assumes office on the first Monday in April.

Sec. 3.  24 App. V.S.A. chapter 3, § 168 is amended to read:

§ 168.  ADOPTION OF BUDGET

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(b)(1)  Annually, immediately following the formal adoption of its budget, the board shall pass a resolution placing before the voters at the annual city meeting the question of whether the Local Education Spending portion of the board-adopted budget will be approved.  The city’s chief administrative officer shall place such budget approval question upon the ballot of the annual city meeting.

(2)  Should a majority of the voters present and voting approve the presented Local Education Spending portion of the budget, it shall be considered approved.  If such portion of the board-adopted budget is not approved at the annual city meeting, the board may make alterations thereto which it deems appropriate, if any, and thereafter resubmit such portion of the budget to the voters at a special city meeting to be arranged for such purpose by the chief administrative officer.  This sequence may be repeated until the voters approve the Local Education Spending portion of the budget presented to them or until July 1 of any year, whichever sooner occurs.  Should such portion of the budget not be approved by the voters by July 1 of any year, the board shall amend its budget and may permit Local Education Spending for that fiscal year in an amount which does not exceed the amount Education Spending last duly approved by the legal voters adjusted by the total dollar amount change in the base education payment for the budget year multiplied by the equalized pupil count for the budget year.  No question which is submitted to the voters on or after May 20 of any year shall be subject to a petition for reconsideration or rescission under any provision of this charter or under chapter 55 of Title 17.

(c)  The maximum tax rate for school purposes shall at all times be the rate necessary to raise sufficient revenues to fund the Local Education Spending portion of the budget most recently approved by the voters.  This rate may increase or decrease from year to year, depending upon the level of the state of Vermont’s financial contribution to the Local Education Spending portion of the budget.

Sec. 4.  24 App. V.S.A. chapter 3, § 186 is amended to read:

§ 186.  MANNER OF FILLING VACANCIES

Whenever a vacancy occurs in any other position, the chief may appoint a successor with the consent of a majority of the board of commissioners.

Sec. 5.  24 App. V.S.A. chapter 3, § 187 is amended to read:

§ 187.  FORCE TO BE MAINTAINED; SELECTION OF MEMBERS

A regular police force for said city shall be maintained in the city.  No applicant shall be deemed qualified for employment on said force until he or she has been recommended approved by the chief of police and approved by the board of police commissioners.  The process for determining the qualifications of and employing police officers shall fully comply with the city’s comprehensive personnel policy manual as the same may be amended from time to time.

Sec. 6.  24 App. V.S.A. chapter 3, § 188 is amended to read:

§ 188.  MANNER OF APPOINTMENT

The chief shall, from time to time, as the needs of the city may require, appoint from the approved applicants whose names have been approved by said board a sufficient number of regular police officers and each appointment must be approved by a majority of said board.  If the name of the applicant has been on the approved list for more than six months, the applicant shall take and pass a new examination by the board of medical examiners before being appointed.

Sec. 7.  24 App. V.S.A. chapter 3, § 190 is amended to read:

§ 190.  CHIEF MAY REMOVE MEMBER FOR CAUSE; HEARING

(a)  Whenever it shall appear to the chief that any member of said force has become incompetent, inefficient or incapable from any cause, or is or has been negligent or derelict in his or her official duty, or is guilty of any misconduct in his or her private or official life, or whenever any well-grounded complaints or charges to such effect are made in writing to the chief by a responsible person against such member, the chief may suspend such member from duty pending a hearing thereon by the board of police commissioners.  The chief shall forthwith notify such board of the charges preferred by the chief, or of the complaints or charges presented by such responsible person in writing, and such board shall thereupon proceed to consider and investigate the same.  The clerk of said board shall appoint a time and place for the hearing of such complaints and charges so made, shall give the accused reasonable notice of the same, not less than forty-eight hours, and any member of said board investigate and, after appropriate notice and hearing, dismiss such member from the force, order a demotion in rank, or suspend the member without pay for a specified time period in excess of 14 days.  In connection with any possible dismissal, demotion, or suspension for more than 14 days, the chief’s notice to the member shall be given at least 48 hours prior to any hearing and shall include a description of the charges being considered.  In connection therewith, the chief shall have the power to subpoena witnesses and to administer the oath to such witnesses.  The board of police commissioners shall hear any appeal filed in a timely manner with respect to such actions of the police chief.  The time of filing an appeal and the nature of the appellate process shall be as determined by such board of regulation.  Following its consideration of any such appeal, the board may affirm, modify, or vacate the decision made by the chief of police.

(b)  If, upon such hearing, said board shall find such complaints or charges to be well founded, it may dismiss such member from the force, demote the chief in rank, or suspend the chief without pay for a period not to exceed sixty days.

(c)(b)  Whenever it shall appear to the mayor that the chief has become incompetent, inefficient, or incapable from any cause, or has been negligent or derelict in his or her official duty, or is guilty of any misconduct in his or her private or official life, or whenever any well-grounded complaints or charges to such effect are made in writing to the mayor by a responsible person, the mayor may suspend the chief from duty pending a hearing thereon by the city council.  The city council shall forthwith notify the chief of the charges preferred by them, or of the complaints or charges presented by such responsible person in writing, and shall thereupon proceed to consider and investigate the same.  It shall appoint a time and place for the hearing of such complaints and charges so made, shall give the chief reasonable notice of the same, not less than forty-eight 48 hours, and the city council shall have the power to subpoena witnesses and to administer the oath to such witnesses.

(d)(c)  If, upon hearing, the city council shall find such complaints or charges to be well founded, it may dismiss the chief from the force, demote him or her in rank, or suspend him or her without pay for a period not to exceed sixty 60 days.  The procedures outlined in this section shall control in the event of any conflict with section 129 of this charter as pertains to the removal of the chief.

(e)(d)  The chief may, without notice or hearing for any infraction, violation, or disobedience of any of the rules and regulations of the police department that may seem to the chief sufficient, suspend from duty without pay any member of the police force for a period not to exceed fourteen 14 days.

Sec. 8.  24 App. V.S.A. chapter 3, § 195a is added to read:

§ 195a.  AUTHORITY OF UNIVERSITY OF VERMONT POLICE

               OFFICERS

University of Vermont police officers are hereby empowered to enforce City of Burlington municipal ordinances and to issue citations for the violation thereof.

Sec. 9.  REPEAL

24 App. V.S.A. chapter 3, § 168(c) (maximum tax rate for school purposes) is repealed.

Approved:  May 19, 2004