CityCharter

#City of Portland Charter
Code of Ordinances
Article I Rev. 12-6-12
PART I CHARTER*
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*Editor's note--Historical references are cited in parentheses at the
end of each section. Such references cite only the various amendments adopted
by referenda conducted pursuant to home rule powers granted by P.L. 1970, c.
563 (30 M.R.S.A. § 1911 et seq.). Prior to 1970 and home rule the charter and
its various amendments were enacted by the Maine Legislature and such are not
cited in said parentheses. A history of the charter and amendments is
attached as Appendix A.
State law reference(s)--Home rule, 30 M.R.S.A. § 2101 et seq.
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#Preamble
#Art. I. Grant of Powers to the City, §§ 1, 2
#Art. II. City Council; Mayor, Ranked Choice Voting §§ 1--11
#Art. III. Board of Public Education, §§ 1--6
#Art. IV. Elections, §§ 1--11
#Art. V. Recall, §§ 1--7
#Art. VI. Administrative Officers, §§ 1--8
#Art. VII. Business and Financial Provisions, §§ 1--16
#Art. VIII.Miscellaneous Provisions, §§ 1--5
##PREAMBLE
We, the People of Portland, Maine, establish this Charter
to secure the benefits of local governance and to provide for
the general health, safety and welfare of our community. In so
doing, we build a government that meets the needs of the people
it serves and whose character it reflects. Our government shall
further cooperation, encourage leadership, solicit our input and
support the active participation of our residents in their
governance. Our government shall be effective and accountable
and shall promote equal rights and representative democracy.
Our government shall provide public education that enables
all residents to acquire the knowledge and skills necessary to
participate fully in Portland’s civic, intellectual, cultural
and economic life, in order to enrich and strengthen our
community and our common future.
(Referendum 11/2/10)
#ARTICLE I. GRANT OF POWERS TO THE CITY
City of Portland Charter
Code of Ordinances
Article I Rev. 12-6-12
##Section 1. Corporate existence retained.
The inhabitants of the City of Portland shall continue to
be a body politic and corporate by the name of the City of
Portland, and shall have, exercise, and enjoy all the rights,
immunities, powers, privileges, and franchises and shall be
subject to all the duties, liabilities and obligations provided
for herein, or otherwise, pertaining to or incumbent upon such
city as a municipal corporation or to the inhabitants or
municipal authorities thereof; and may enact reasonable by-laws,
regulations, and ordinances for municipal purposes, not
inconsistent with the Constitution and laws of the State of
Maine, and impose penalties for the breach thereof as such
by-laws, regulations, or ordinances shall provide. Such
penalties shall not limit nor diminish in any way the city’s
authority to seek and obtain higher or different penalties
provided by state or other law. (Referenda 12/4/72; 11/2/10)
##Section 2. Powers and duties.
The administration of all the fiscal, prudential, and
municipal affairs of the City of Portland, with the government
thereof, except the general management, care, conduct, and
control of the schools of such city which shall be vested in a
board of public education as hereinafter provided (also referred
to herein as the “school board”), and also except as otherwise
provided by this charter, shall be and are vested in one body of
nine members, which shall constitute and be called the city
council, all of whom shall be inhabitants of the city, and shall
be sworn in the manner hereinafter prescribed.
The members of the city council shall be and constitute the
municipal officers of the City of Portland for all purposes
required by statute, and, except as otherwise herein
specifically provided, shall have all powers and authority given
to, and perform all duties required of, municipal officers and
mayors of cities under the laws of this state.
All other powers now or hereafter vested in the inhabitants
of such city, and all powers granted by this charter, except as
herein otherwise provided, shall be vested in the city council.
(Referendum 11/2/10)
#ARTICLE II. CITY COUNCIL
City of Portland Charter
Code of Ordinances
Article II Rev. 3/3/2020
##Section 1. City to be divided into election districts.
For the purpose of all elections the city, including its
islands, shall be divided into five (5) districts to establish
compact and contiguous districts of approximately equal
population.
The city council for voting purposes may by ordinance
divide the election districts into voting districts. (Referenda
11/2/76; 6/13/78; 11/4/86; 11/2/11)
##Section 2. Composition, election, tenure of office.
The city council shall be composed of nine (9) members,
including the mayor who shall be one of the nine (9) members of
the city council, and shall hold office for a term of three (3)
years and until their successors are elected and qualified,
except as provided below for the term of mayor and for one at
large seat in the election of 2013 only. Four (4) members,
including the mayor, shall be elected at large from and by the
registered voters of the entire city, and one (1) shall be
elected from each of the five (5) districts heretofore provided
for, from and by the registered voters of each district.
References in this charter to the city council, councilors,
council, its members or membership, shall be deemed to include
the mayor, unless otherwise specifically provided.
For the municipal election in November of 2013, one of the
two at large seats up for election shall have a one-time four
year term ending in 2017. Thereafter, the council term shall
return to be three (3) years for this seat. The city clerk
shall designate which seat shall be for the four (4) year term
prior to the availability of nomination papers for the 2013
election, and nomination papers shall be separately issued for
reach of the two at large seats. Each at large candidate may
take out and file nomination papers for only one of the at large
seats. The municipal ballot will list the 4-year and 3-year
council seats as separate questions.
All candidates must be residents of the city for a period
of at least three (3) months prior to the date on or before
which nomination papers are to be filed. The candidate from each
of the five (5) districts must be a resident of such district 
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for a period of at least three (3) months prior to the date on
or before which the nomination papers are to be filed.
Beginning with the regular municipal election in November,
2011, the at large position then up for election shall be
designated as the mayor’s position and shall continue as the
mayor’s position thereafter. The position of mayor only shall
be elected by majority vote as provided in section 3 of this
article. The candidate(s) for mayor shall be nominated in the
same manner as other at large members of the council. The term
of mayor shall be four (4) years, with a maximum limit of two
(2) consecutive terms. The election and position of mayor shall
be a non-partisan, full-time position. (Referenda 12/1/75; 6/13/78;
11/4/86; 11/3/87; 11/2/10; 11/6/12)
Section 3. Ranked choice voting; instant runoff tabulation.
For the positions of mayor, city councilor, and school
board member, the city clerk shall implement a ranked choice
voting protocol according to these guidelines:
(a) The ballot shall give voters the option of ranking
candidates in order of choice.
(b) If a candidate receives a majority, i.e. at least one
more than fifty percent (50%) of the first choice votes
cast, that candidate is elected.
(c) If no candidate receives a majority of first choice
votes, an instant runoff re-tabulation shall be
promptly conducted by the city clerk and completed
within five (5) business days of the election. The
instant runoff re-tabulation shall be conducted in
successive rounds, with the majority determined for
each successive round by the number of votes cast in
that round. The candidate with the fewest votes after
each successive round in which no candidate receives a
majority of the votes cast in that round shall be
eliminated, and the votes in the successive rounds
shall be re-tabulated among the remaining candidates
until one candidate receives a majority of the votes
cast in that round. In each successive round, each
voter's ballot shall count as a single vote for
whichever candidate the voter has ranked highest who
has not been eliminated in a prior round, if any. 
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(d) After the first round, a majority is determined as at
least one (1) more than fifty percent (50%) of the
votes cast for a remaining candidate in a particular
round.
(e) The city clerk may adopt additional regulations
consistent with this subsection to implement these
provisions. The ballot shall contain instructions on
how to vote for each office.
(Referenda 11/2/2010; 3/3/2020)
Section 4. Compensation of councilors and mayor.
Except as otherwise provided in the paragraph below for the
mayor’s compensation, the city council shall by order establish
the amount each member shall be entitled to receive as
compensation for all services rendered, and specify when any
compensation shall be payable, but no such order increasing
their compensation, including that of the mayor, shall take
effect during the then current municipal year, and no such
payment of compensation shall be made in advance.
Prior to the date nomination papers are available for the
first mayoral election, the city council shall set the mayor’s
compensation and shall re-set it prior to the date nomination
papers are available for each mayoral election thereafter.
During the mayor’s term, the city council may adjust the mayor’s
compensation. At minimum, the mayor shall be paid compensation
consisting of a salary which is no less than one and one-half
(1.5) times the median household income for Portland as most
recently published by the U.S. Census Bureau, American Community
Survey, or successor index thereto, at the time such
compensation is set or adjusted, plus customary city benefits.
No member shall hold any office or employment the
compensation of which is payable by the city or school
department during the term for which he or she was elected.
(Referenda 12/1/75; 6/13/78; 11/4/86; 11/3/87; 11/2/10)
Section 5. Mayor’s powers and duties.
The mayor shall be the official head of the city,
responsible for providing leadership, and shall have the
following powers and duties: 
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(a) To articulate the city’s vision and goals and build
coalitions to further such vision and goals. The
mayor shall give an annual state of the city address
during a special meeting of the city council called
for that purpose;
(b) To convene and lead an annual workshop session of the
city council to discuss and identify the city’s goals
and priorities in order to provide guidance for the
city manager and to inform the public. The city
manager shall attend this workshop session, and a
summary of the session shall be made available to the
public;
(c) To represent the city with other municipalities,
levels of government, community and neighborhood
groups, and the business community;
(d) To preside as chair of the city council, and vote upon
all matters in the same manner as other members of the
city council, except as provided in article VII,
section 8. The mayor shall direct the city manager in
the preparation of council meeting agendas;
(e) To facilitate the implementation of city policies
through the office of the city manager;
(f) To consult with and provide guidance to the city
manager in the preparation of all city budgets and to
provide comments on such budgets at the time they are
presented by the city manager to the city council for
approval;
(g) To consult with and provide guidance to the city
manager in the preparation of the annual capital
improvement program plan described in article VI,
section 5, paragraph (i), and to provide comments on
such program plan at the time it is presented by the
city manager to the city council;
(h) To facilitate among the city manager, city council,
board of public education and the public to secure
passage by the city council of the annual city and
school budgets;
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(i) To exercise veto power over the annual city
appropriation as provided in article VII, section 8;
(j) To establish performance guidelines in conjunction
with the other members of the city council for regular
evaluations, no less than annually, by the city
council of the performance of the city manager,
corporation counsel and city clerk, such evaluations
to be based upon those guidelines. Such performance
guidelines shall have measurable goals and objectives,
taking into consideration, as applicable, the
achievement of city policies and priorities;
(k) To chair any subcommittee with at least two (2) other
city councilors to recommend the appointment or
removal of the city manager, corporation counsel or
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
council; and
(l) To appoint the members and chairs of the city council
committees and various ad hoc committees and
communicate such appointments to the city council,
which may override such appointments by a vote of at
least six (6) council members.
Notwithstanding the foregoing, the city manager shall be in
charge of the day to day operations of the city and
administration of the city budgets approved by the council.
(Referendum 11/2/10)
Section 6. Absence or disability of mayor; acting mayor.
In the temporary absence or disability of the mayor, the
mayor may select an acting mayor from among the other council
members and such person shall perform the duties of the mayor
during such temporary absence or disability for a maximum of
sixty consecutive (60) days or return of the mayor, whichever
comes first. If through physical or mental incapacity the mayor
is unable to select an acting mayor, or if the mayor’s absence
or disability exceeds sixty (60) consecutive days, the council
shall select an acting mayor from among its membership until
such time as the mayor is able to resume his or her duties or a
vacancy is declared pursuant to section 7 below and a new mayor
elected. (Referendum 6/13/78; 11/7/00; 11/2/10)
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Section 7. Vacancies.
A vacancy in the membership of the city council shall occur
upon the happening of the following: (1) the death of a member;
(2) the effective date of the resignation of a member; (3) the
removal of a member from the district from which he or she was
elected; (4) the removal of a member from the city; (5) the
conviction of a member of a felony while in office; or 6) the
recall of a member pursuant to the provisions of article V. The
council shall declare a vacancy in its membership to exist upon
the failure of a member to attend any six (6) consecutive
regular meetings of the city council, or at least sixty (60)
percent of the regular meetings of the city council held in any
one calendar year unless such member shall be excused (by vote
of at least four (4) other members) for health reasons or other
good cause.
The council shall declare a vacancy in its membership to
exist upon the qualification of any member for any city or
school department office, or the acceptance of any employment
with the city or school department, the compensation for which
is payable by the city or school department.
A member may in writing addressed to the council resign his
or her office effective at a future date specified in such
written resignation. Once submitted to the council, such
resignation may not be withdrawn, and such member's office shall
become vacant on such specified future date.
If a vacancy in the membership of the city council occurs
or is declared prior to the next regular municipal election, the
vacancy shall be filled at a special election to take place on
the same date as the next scheduled municipal or state election
which is no less than 127 days after the date the vacancy occurs
or is declared, unless the council, by a vote of at least six
(6) of its members, calls a special election on an earlier date.
Such election shall be called and held and nominations made as
in other elections. (Referenda 11/2/76; 11/4/86; 11/2/99; 11/2/10)
Section 8. Meetings of the council.
The city council shall meet at the usual place for holding
meetings on the first Monday in December following the regular
municipal election, or as soon thereafter as possible, and at
such meeting the mayor and councilors-elect shall be sworn to 
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the faithful discharge of their duties by a justice of the
peace, or by the city clerk. The city council shall at such
meeting establish by resolution or rule a regular place and time
for holding its meetings, and shall meet regularly at least
twice each month. (Referenda 6/13/78; 11/4/86; 11/7/00; 11/2/10)
Section 9. Special meetings.
Special meetings may be called by the mayor, and in case of
his or her absence, disability, or refusal, may be called by
five (5) or more members of the city council. At least twentyfour (24) hours notice of the time and place of holding such
special meeting shall be given to all members of the city
council. (Referendum 11/2/10)
Section 10. Quorum.
Five (5) members of the city council shall constitute a
quorum for the transaction of business, but a smaller number may
adjourn from time to time. At least twenty-four (24) hours
notice of the time and place of holding such adjourned meeting
shall be given to all members who were not present at the
meeting from which adjournment was taken. (Referendum 11/2/10)
Section 11. Procedure.
The city council shall keep a record of its proceedings and
shall determine its own rules of procedure and make lawful
regulations for enforcing the same. The meetings of the city
council shall be open to the public in accordance with state
law. The city council shall act only by ordinance, order, or
resolve. All ordinances, orders, and resolves, except orders or
resolves making appropriations of money, shall be confined to
one subject which shall be clearly expressed in the title. An
appropriation order or resolve shall be confined to the subject
of appropriations only.
No ordinance and no appropriation order or resolve shall be
passed until it has been read on two separate days, except when
the requirement of a second reading on a separate day has been
dispensed with by the vote of at least seven (7) members of the
city council. The yeas and nays shall be taken upon the passage
of all ordinances and entered on the record of the proceedings
of the city council by the clerk. The yeas and nays shall be
taken on the passage of any order or resolve when called for by
any member of the city council. Every ordinance, order, and 
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resolve shall require on final passage the affirmative vote of
at least five (5) members of the city council. No ordinance
shall take effect until thirty (30) days after its passage and
no order or resolve shall take effect until ten (10) days after
its passage, except as herein otherwise provided for emergency
ordinances, orders and resolves.
The city council may, by vote of at least seven (7) of its
members, pass emergency ordinances, orders, or resolves to take
effect at the time indicated therein, but such emergency
ordinances, orders, or resolves shall contain a section in which
the emergency is set forth and defined, provided, however, that
the declaration of such emergency by the city council shall be
conclusive. (Referendum 11/2/10)
ARTICLE III. BOARD OF PUBLIC EDUCATION
Section 1. Composition, election, tenure of office,
compensation.
The board of public education shall be composed of nine (9)
members who shall hold office, except as hereinafter provided,
for a term of three (3) years and until their successors are
elected and qualified. Four (4) shall be elected at large from
and by the registered voters of the entire city, and one (1)
shall be elected from each of the five (5) districts heretofore
provided for in section 1 of article II, from and by the
registered voters of each such district.
All candidates must be residents of the city for a period
of at least three (3) months prior to the date on or before
which nomination papers are to be filed. The candidate from each
of the five (5) districts must be a resident of such district
for a period of at least three (3) months prior to the date on
or before which the nomination papers are to be filed.
The city council shall by order establish the amount each
member of the school board shall be entitled to receive as
compensation for all services rendered, which compensation shall
be the same as that received by members of the city council,
other than the mayor. The city council shall provide additional
compensation to the chair of the school board appropriate to
reflect his or her additional responsibilities as chair.
(Referenda 11/2/76; 6/13/78; 11/4/86; 11/3/87; 11/2/10)
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Section 2. Chair.
On the first Monday in December following the regular
municipal election, or as soon thereafter as possible, the board
of public education shall elect one of its members as chair for
the ensuing year and until a successor is elected and qualified,
and may fill for the unexpired term any vacancy as chair that
may occur.
At a date and time to be mutually agreed upon by the chair
of the school board and the mayor, the chair shall deliver an
annual address on the “state of the public education system in
Portland” to the city council and the public. (Referenda 11/2/76;
6/13/78; 11/7/00; 11/2/10)
Section 3. Organization.
The school board shall meet for organization on the first
Monday in December following the regular municipal election, or
as soon thereafter as possible. The members-elect shall be sworn
to the faithful discharge of their duties by a justice of the
peace or by the city clerk, and a record made thereof. The
members shall at such meeting, or as soon thereafter as
possible, establish a regular place and time for holding
meetings and shall meet regularly at such place and time. Five
(5) members of the school board shall constitute a quorum for
the transaction of business, but a smaller number may adjourn
from time to time. At least twenty-four (24) hours notice of
the time and place of holding such adjourned meeting shall be
given to all members who were not present at the meeting from
which adjournment was taken. (Referenda 6/13/78; 11/7/00; 11/2/10)
Section 4. Powers and duties.
The board of public education shall have all the powers,
and perform all the duties in regard to the care and management,
including sound fiscal management, conduct, and control of the
public schools of the city, which are now conferred and imposed
upon school committees and school boards by the laws of this
state, except as otherwise provided in this charter. (Referendum
11/2/10)
Section 5. School budget.
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Article III Rev. 12-6-12
Not later than three and one-half (3.5) months before the
end of the fiscal year, the superintendent shall submit to the
school board budget estimates of the various sums required for
the support of public schools for the ensuing fiscal year and
shall thereafter provide the school board with such information
relating to such estimates as the school board shall require.
During the thirty (30) days following submission of the
superintendent’s proposed budget to the school board, the school
board and the city council, or their designated subcommittees,
shall meet jointly at least twice to review the proposed school
budget, focusing on its underlying assumptions and supporting
data and the ability of the city to raise the necessary funds
for the support of such proposed budget. The superintendent and
the city manager shall provide information regarding such
proposed budget as reasonably requested by the school board and
the city council, or their designated subcommittees.
The budget submitted by the superintendent to be reviewed
jointly by the school board and the city council shall provide a
complete financial plan of all school funds and activities for
the ensuing fiscal year. In organizing the school budget for
joint review, the superintendent shall utilize the most feasible
combination of expenditure classification by fund, organization,
unit, program, purpose or activity, and object. The budget shall
begin with a clear general summary of its contents; shall show
in detail all estimated income and all proposed expenditures,
including debt service for the ensuing fiscal year; and shall be
so arranged as to show comparative figures for actual and
estimated income and expenditures of the current fiscal year and
actual income and expenditures of the preceding fiscal year. The
total of proposed expenditures shall not exceed the total of
proposed income.
Not later than the last Monday in April of each fiscal
year, the school board shall submit to the city council a budget
of the various sums required for the support of the public
schools for the ensuing fiscal year in the format provided
above, and shall thereafter provide the city council with such
information relating to such budget as the city council shall
require.
A budget hearing on such budget estimates shall be held
prior to final action by the city council. The city council in
its appropriation resolve for the ensuing year shall, in
addition to amounts appropriated for other general city 
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purposes, appropriate one gross amount for the support of the
public schools, which amount shall not be less than the sum
required to be appropriated for such purposes by the general
laws of the state. Such gross amount shall not be less than the
sum requested by the school board except by a vote of at least
six (6) members of the city council. Such appropriation shall be
expended under the direction and control of the school board but
no such appropriation shall be exceeded except by consent of the
city council. (Referendum 6/13/78; 11/2/10)
Section 6. Vacancies.
A vacancy in the membership of the board of public
education shall occur upon the happening of the following: (1)
the death of a member; (2) the effective date of the resignation
of a member; (3) the removal of a member from the district from
which he or she was elected; (4) the removal of a member from
the city; (5) the conviction of a member of a felony while in
office; or (6) the recall of a member pursuant to the provision
of Article V. The school board shall declare a vacancy in its
membership to exist upon the failure of a member to attend any
six (6) consecutive regular meetings of the school board or at
least sixty (60) percent of the regular meetings of the school
board held in any one calendar year unless such member shall be
excused (by a vote of at least four (4) of the members) for
health reasons or other good cause. A member may in writing
addressed to the school board resign his or her office effective
at a future date specified in the written resignation. Once
submitted to the school board, such resignation may not be
withdrawn and such member's office shall become vacant on the
specified future date.
If a vacancy in the membership of the school board occurs
or is declared prior to the next regular municipal election, the
vacancy shall be filled at a special election to take place on
the same date as the next scheduled municipal or state election
which is no less than 127 days after the date the vacancy occurs
or is declared, unless the council, by a vote of at least six
(6) of its members, calls a special election on an earlier date
and shortens the time for obtaining and filing nomination
petitions established in article IV, section 6. Such election
shall be called and held and nominations made as in other
elections. (Referenda 11/2/76; 11/4/86; 11/2/99; 11/2/10)
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ARTICLE IV. ELECTIONS
Section 1. Continuity in office.
In the event redistricting of the city shall cause a then
council member or school board member to reside in a district
other than that from which such person was elected, the office
of such member shall not thereby be considered vacated but such
member shall continue in office until a successor is duly
elected and qualified. Each district councilor and district
school board member in office on the effective date of any such
redistricting shall be deemed to represent the newly constituted
district of the same numerical designation as that formerly
represented and shall continue to serve in that capacity until
expiration of his or her term. (Referenda 6/13/78; 11/4/86; 11/2/10)
Section 2. Regular municipal election.
On the first Tuesday after the first Monday in November of
each year, the regular municipal election shall be held and the
registered voters of the city or district, as the case may be,
shall ballot for such councilors and for such members of the
school board as may be necessary to fill the offices of those
whose terms would then normally expire and fill any existing
vacancy in an unexpired term of office. (Referenda 12/1/75; 11/2/76;
6/13/78; 11/4/86; 11/7/00; 11/6/01; 11/2/10)
Section 3. Wardens and ward clerks.
The wardens and ward clerks shall be nominated by the city
clerk and appointed by order of the city council. They shall be
and remain residents of the city and all other qualifications
for appointment shall be as provided in Title 21-A of the Maine
Revised Statutes. They shall hold their office for one year from
the date of appointment, unless a shorter term is specified by
the order of appointment, and until others have been chosen and
qualified in their stead. The warden and the ward clerk shall be
sworn to the faithful performance of their duties by a person
qualified under the statutes of the state to administer oaths,
and a certificate of such oath shall be entered by the clerk on
the records of such ward. (Referenda 11/2/76; 6/13/78; 11/4/86, 11/4/08;
11/2/10)
Section 4. Nominations.
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The nominations of all candidates for elective offices
provided for by this charter shall be by petition. The petition
of a candidate for an at large council seat or at large school
board seat shall be signed by not less than three hundred (300)
nor more than five hundred (500) registered voters of the city.
The petition of a candidate for a district council seat or a
candidate for a district school board seat shall be signed by
not less than seventy-five (75) nor more than one hundred fifty
(150) registered voters of the respective district. Voters may
sign petitions for more than one (1) candidate for each office
to be filled at the election. (Referenda 12/1/75; 11/2/76; 11/4/86;
11/4/08; 11/2/10)
Section 5. Form of nomination petition.
The signatures to nomination petitions need not all be
affixed to one nomination petition, but to each separate
petition there shall be attached an affidavit of the circulator
thereof stating the number of signers of each petition, and that
each signature appended thereto was made in his or her presence
and is the genuine signature of the person whose name it
purports to be. With each signature shall be stated the place of
residence of the signer giving the street and number of the
street, or other description sufficient to identify the same.
The form of the nomination petition shall be substantially as
follows:
To the city clerk of the City of Portland
We, the undersigned voters of the City of Portland, hereby
nominate, ________ whose residence is ________ for the office of
________ to be voted for at the election to be held in the City
of Portland on the ________ day of ________,_______, and we
individually certify that we are qualified to vote for a
candidate for the above office.
Name ________ Street and Number ________, being duly sworn,
deposes and says, that he (she) is the circulator of the
foregoing nomination petition containing ________ signatures,
and that the signatures appended thereto were made in his or her
presence and are the signatures of the persons whose names they
purport to be.
(Signed) ________________________________.
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Subscribed and sworn to before me this ________ day of ____,
_______.
____
Attorney, State of Maine Bar #____
Notary Public
If this petition is deemed insufficient by the city clerk, he or
she shall forthwith notify by mail ________ at ________. (Referendum 11/2/10)
Section 6. Filing of nomination petitions, and acceptance of
nomination.
The city clerk shall make nomination petitions available to
the candidates one hundred and twenty-seven (127) days prior to
the election. The nomination petitions for any one (1) candidate
must be assembled and united into one (1) petition and filed
with the city clerk during normal business hours not earlier
than eighty-five (85) nor later than seventy-one (71) days
before the date of election. No nomination shall be valid unless
the candidate shall file with the city clerk in writing at the
time of filing of such nomination petitions his or her consent
accepting nomination, agreeing not to withdraw and, if elected,
to qualify. Such nomination petitions and consent, once filed
may not be withdrawn. Any challenge to a nomination petition
must be submitted to the city clerk in writing, setting forth
the specific reasons for the objection, no later than five (5)
days, excluding Saturdays, Sundays, and legal holidays, from its
date of filing, or it is barred. No person shall take out
nomination papers for more than one position at the same
election, nor be nominated, nor shall any person consent to
being nominated, at the same election for any other elective
office provided for by this charter, and no person shall
simultaneously hold more than one (1) elective office provided
for by this charter. (Referenda 11/2/76; 6/13/78; 11/4/86; 11/6/01;
11/4/08; 11/2/10)
Section 7. Form of ballot.
All official ballots for use in all municipal elections
shall be prepared by the city clerk and furnished by the city,
consistent with the voting machines used and the form of any
state ballot(s), and the use of ranked choice voting. Ballots
for use in elections under this charter shall contain the names
of the various candidates, with their residence, and the office 
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for which they are candidates, and instructions on how to mark
the ballot. The candidates for each office shall be grouped
under the title of each office, plainly and distinctly marked.
There shall be as many blank spaces under the name of each
office as there are vacancies to be filled. The procedure for
counting write-in votes shall be governed by Title 21-A, Maine
Revised Statutes, unless inconsistent with article II, section
3, in which case the charter provisions shall govern.
Notwithstanding the foregoing, in the event of an emergency such
as the illness, death or disqualification of a nominee for
municipal office prior to the general election, the time frame
for accepting a declared write-in candidate may be shortened by
the city clerk. Such ballots may also contain such measures as
may be submitted to the voters of the city by the legislature or
by the city council and shall be without party mark or
designation.
In preparing all ballots for election under this charter,
the city clerk shall arrange the names of all qualified
candidates for each office in alphabetical order according to
surnames. (Referenda 11/2/2010; 3/3/2020))
Section 8. Specimen ballots.
The city clerk shall cause specimen or sample ballots to be
prepared and to be posted in public places in each ward and
voting precinct and advertised in the newspapers not later than
ten (10) days prior to the municipal election. Such specimen
ballots shall be printed on colored paper and marked "Specimen
Ballot," and shall contain the names of the certified candidates
with the residence of each, instructions to voters, and such
measures as may be submitted to the voters by the legislature or
by the city council. Such specimen ballots shall also be without
party mark or designation. (Referendum 11/6/01; 11/2/10)
Section 9. Count of ballots.
Upon closing of the polls, ballots shall be counted in
accordance with Title 21-A, Maine Revised Statutes, unless
inconsistent with article II, section 3, in which case the
charter provisions shall govern, and the results thereof
delivered to the city clerk by the wardens. (Referendum 11/2/10)
Section 10. Canvass of returns.
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The city clerk shall examine the records of the several
voting places and within forty-eight (48) hours after such
election shall determine and declare the successful candidates
as follows: The person or persons, not exceeding the number to
be voted for at any one time for any office, having the majority
of votes cast at such election, shall be determined and declared
to be elected. If no candidate for mayor, city council, or
school board has a majority of the votes cast as provided in
article II, section 3, the city clerk shall conduct an instant
runoff tabulation as provided in such section until the
candidate with the majority of votes cast is determined. The
city clerk shall provide written notice of the election results
to all candidates. (Referenda 11/6/01; 11/2/10; 3/3/2020)
Section 11. State election laws applicable.
The laws of the state in Title 21-A of the Revised Statutes
relating to the qualifications of electors, registration, the
manner of voting, the duties of election officials, and all
other particulars in respect to preparation for conducting and
managing elections, so far as they may be applicable, shall
govern all municipal elections in the City of Portland, except
as provided below regarding 42-day pre-election reports and as
otherwise provided herein.
In addition to the reports required for municipal
candidates by Title 21-A of the Maine Revised Statutes, 42-day
pre-election reports must be filed by municipal candidates no
later than 11:59 p.m. on the 42nd day before the date on which a
general election is held and must be complete as of the 49th day
before that date.
Nothing in this charter shall prohibit the use of
electronic or revised voting methods and procedures to the
extent authorized by state and/or federal law. (Referenda 11/4/08;
11/6/2018)
ARTICLE V. RECALL
Section 1. Applicability.
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Any member of either the city council or the school board
may be recalled and removed from office by the registered voters
of the City of Portland, as hereinafter provided, except that
this provision shall not apply to a member of either body who
has one (1) year or less to serve in his or her term, i.e., any
petition to recall a member must be certified by the clerk no
later than November 30 of the year prior to that member’s next
scheduled November re-election date. (Referenda 11/4/86; 11/2/10)
Section 2. Petition for recall.
In the case of either an at large member of the city
council or of the school board, any five hundred (500)
registered voters of the city may affirm and file with the city
clerk an affidavit containing the name of the member of the city
council or of the school board whose removal is sought, together
with a statement of the reasons why such removal is desired. In
the case of a district member of the city council or of the
school board, any two hundred and fifty (250) registered voters
of the member’s district may affirm and file with the city clerk
an affidavit containing the name of the district member whose
removal is sought, together with a statement of the reasons why
such removal is desired. Members of the city council and of the
school board shall not be included on the same affidavit and
only one member’s name shall be on an affidavit.
Within seven (7) calendar days of receipt of such an
affidavit, the city clerk shall prepare a sufficient number of
petitions which shall contain the signature of the city clerk,
his or her official seal, the date, and the name of the person
whose removal is sought. In addition, the statement of reasons
for removal referred to above shall either be printed on such
petitions or attached thereto. Such petitions shall be on paper
of uniform size with as many individual sheets as reasonably
necessary.
The city clerk shall file the completed petitions in his or
her office. During the thirty (30) days following their filing,
the city clerk shall arrange to have petitions, noting that
removal is being sought as well as the reasons therefor,
available for signature both at city hall and also at public
places as indicated below. Notice of the location of the public
places where petitions may be signed shall be given by
publication at least forty-eight (48) hours in advance and such
notice shall contain the specific location of such public place
or places, the dates it or they will be open, and the times 
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during which petitions may be signed. In the case of either a
district councilor or a district school board member, the city
clerk shall select one (1) site outside of city hall, but within
the district of the member whose removal is sought, and such
location shall be open for four (4) days between the hours of
noon and 8:00 p.m. In the case of at large councilors or members
of the school board, the city clerk shall select four (4) sites
outside of city hall and such locations shall be open for four
(4) days each between the hours of noon and 8:00 p.m.
The city clerk shall designate election clerks to supervise
each such site. Election clerks shall be residents of Portland
and at least eighteen (18) years of age. They shall be sworn to
the faithful performance of their duties by the city clerk. Each
qualified voter who signs a petition shall include his or her
place of residence, providing either the street and number or a
description sufficient to identify the place.
To mandate a vote in the case of an at large councilor or
an at large member of the school board, the recall petition must
be signed by at least three thousand (3,000) registered voters
of the city, or in the case of a district councilor or district
member of the school board, by at least fifteen hundred (1,500)
registered voters of that member’s district. (Referenda 12/1/75,
11/4/86; 11/2/10)
Section 3. Verification of recall petition.
At the expiration of the thirty (30) day period for signing
petitions described in section 2, the city clerk shall declare
the petition closed and, within ten (10) days thereafter, shall
ascertain whether or not the petitions have been signed by the
requisite number of registered voters. The city clerk shall
attach his or her certificate, showing the results of such
examination, to the petitions.
If the clerk's certificate should show that the petitions
are insufficient, he or she shall advise both the city council
and also the person or persons whose removal was sought of that
fact. A finding of insufficiency shall not prejudice the filing
of a new petition for the same purpose, except that such new
petition shall not be filed within twelve (12) months from the
date of the receipt of the clerk's certificate by the city
council. (Referenda 11/4/86; 11/2/10)
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Section 4. Calling of recall election.
If the clerk's certificate should show that the petitions
are sufficient, he or she shall submit them, together with the
clerk's certification, to the city council at its next regular
meeting following certification, and shall also notify the
person or persons whose removal is sought. The city council
shall, within ten (10) days of receipt of the clerk's
certificate, order an election to be held not less than
forty-five (45) nor more than ninety (90) days thereafter;
except that, if a regular municipal election should occur within
ninety (90) days after receipt of the certificate, the city
council may, in its discretion, schedule the recall election for
the same date as the regular municipal election. The recall
election shall be called and held as other elections under this
charter, except for the specific limitations imposed by this
article.
All registered voters in the city may vote on the recall of
an at large member of the council or school board; only the
registered voters of the applicable district may vote on the
recall of a district member of the council or school board.
(Referenda 11/4/86; 11/2/10)
Section 5. Form of ballot.
Unless the member or members whose removal is sought shall
have resigned within ten (10) days after the receipt by the city
council of the clerk's certificate, the form of the question to
be submitted to the voters shall, as nearly as possible, be:
"Shall (name of official and his or her title) be recalled?"
(Referendum 11/4/86)
Section 6. Count of ballots.
In case a majority of those voting for and against the
recall of any official shall vote in favor of recalling such
official, he or she shall be thereby removed, and, in that
event, the candidate to succeed such person for the balance of
the unexpired term shall be determined as provided for in the
case of a vacancy in the office.
If a majority of those voting should decline to recall a
particular official, then no proceedings, seeking the recall of
that same official, shall be initiated under this article within 
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twelve (12) months from the date of the election in which his or
her recall was sought. (Referendum 11/4/86)
Section 7. Election may be ordered.
If a member of either the city council or school board who
is recalled should either request a recount or dispute the
election as permitted by law, then that member shall remain in
office until the recount or dispute has been finally determined;
and the provisions of article II, section 7 and article III,
section 6, relating to vacancies in the city council or school
board, shall be stayed. (Referendum 11/4/86; 11/2/10)
ARTICLE VI. ADMINISTRATIVE OFFICERS
Section 1. Appointments.
(a) The following officers shall be appointed by vote of
at least five (5) members of the city council: city manager,
city clerk, and corporation counsel, and they may appoint
constables at large.
(b) All department heads shall be appointed by the city
manager, subject to confirmation by the city council.
(c) All attorneys employed in the corporation counsel's
office shall be appointed by the corporation counsel, subject to
confirmation by the city council.
(d) All other employees shall be appointed by the city
manager upon recommendation of the heads of their departments.
(Referendum 11/4/86; 11/2/10)
Section 2. Organizational powers.
The city council shall have power to provide by ordinance
for the organization, conduct, and operation of the departments,
agencies, offices, and boards of the city, for the creation of
additional departments, agencies, offices, and boards and for
the division of any such departments, agencies, offices, and
boards; and for the alteration, abolition, assignment, or
reassignment of all such departments, divisions, agencies,
offices and boards; provided, however, there shall be a director
of finance to perform the functions specified in article VII of
this Charter. The city council shall, by ordinance, designate 
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those department heads responsible for performing duties required
by state law. (Referendum 11/4/86)
Section 3. Civil service rules.
The city council shall provide by ordinance for a system of
civil service rules for the appointment, promotion, demotion,
lay-off, reinstatement, suspension, and removal of the members
of the police department and of the fire department, other than
the chiefs of such departments, and for a civil service
commission to administer the same.
Section 4. Compensation and tenure of offices.
The city council shall fix by order the salaries of the
appointees of the city council. Salaries of the appointees of
the city manager shall be fixed by the city manager, subject to
the approval of the city council. All appointive officers shall
hold office during the pleasure of the appointing power.
Section 5. Appointment; qualifications; powers and duties of the
city manager.
The city manager shall be chosen by the city council solely
on the basis of character and executive administrative
qualifications, and may or may not be a resident of the City of
Portland or of the State of Maine at the time of appointment.
Such person shall give bond for the faithful discharge of his or
her duties to the City of Portland and in such sum as the city
council shall determine and direct, and with surety or sureties
to be approved by the city council. The premium on such bond
shall be paid by the city. Such person shall be the
administrative head of the city and shall be responsible to the
city council for the administration of all departments. Neither
the mayor nor members of the city council shall direct, request
or interfere with the appointment or removal of any of the
officers or employees of the city for whom the city manager is
responsible, nor shall any of them give an order, publicly or
privately, to any such city officer or employee relating to any
matter in the line of that officer’s or employee’s city
employment. Notwithstanding the foregoing, nothing
herein is intended to prevent the city manager from assigning
staff to work and communicate directly with councilors, boards 
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and commissions, council committees, neighborhood and other
groups and organizations, on city work.
The city manager's powers and duties shall be as follows:
(a) To see that the laws and ordinances are enforced, but
shall delegate to the chief of the police department
the active duties connected therewith regarding
criminal conduct.
(b) To exercise control over all departments, divisions,
agencies, and offices created herein or that may be
hereafter created.
(c) To implement the policy decisions of the city
council.
(d) To coordinate city programs and operations and
recommend improvements in such programs and operations
to the council.
(e) To prepare city budgets, in consultation with and
incorporating policy guidance of the mayor, and to
present such budgets to the council.
(f) To make appointments as provided in this charter.
(g) To attend meetings of the city council, except when
his or her removal is being considered, and recommend
for adoption such measures as he or she may deem
expedient.
(h) To keep the city council fully advised as to the
business and financial condition and future needs of
the city and to furnish the city council with all
available facts, figures, and data connected therewith
when requested.
(i) To prepare a five (5) year rolling capital improvement
plan for annual presentation to the city council,
which plan includes the following:
1. A one (1) year plan of specific projects and
their cost; 
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2. A two (2) through five (5) year plan of specific
projects and general categories, and amounts of
proposed spending and funding sources; and
3. A discussion of the basis for the plan and the
factors which went into its development or
amendments.
(j) To prepare and submit to the city council such reports
as are requested or he or she deems advisable; and
(k) To perform such other duties as may be prescribed by
this charter or required by ordinance of the city
council. (Referenda 11/4/86; 11/2/10)
Section 6. Vacancy in office of city manager.
During any vacancy in the office of city manager, and
during any absence or disability of the city manager of more
than sixty (60) days, the city council shall designate a
properly qualified person to perform the duties of manager and
fix such person's compensation. During a temporary absence of
sixty (60) days or less, the city manager may designate a
qualified person to perform the duties of manager during such
absence. While so acting, such person shall have the same
powers and duties as those given to and imposed on the city
manager. Before entering his or her duties, he or she shall give
bond to the City of Portland in a sum and with surety or
sureties to be approved by the city council. The premium on such
bond is to be paid by the city. (Referendum 11/2/10)
Section 7. Duties of administrative officers.
Duties of administrative officers shall be prescribed by
the appointive power, but such duties shall not be inconsistent
with this charter or any ordinance enacted by the city council
as provided herein. (Referendum 11/4/86; 11/2/10)
Section 8. Continuity in office.
Any and all officers, department heads, and employees of
the City of Portland on the effective date of this charter shall
continue in such capacity until a successor is appointed and
qualified as provided herein, unless sooner removed by the
appointive power designated herein. (Referendum 11/4/86; 11/2/10)
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ARTICLE VII. BUSINESS AND FINANCIAL PROVISIONS
Section 1. Accounts and records.
Accounts shall be kept by the director of finance, showing
the financial transactions of all departments of the city, and
the school department. Accounts shall be kept in such a manner
as to show fully at all times the financial condition of the
city. The director of finance shall furnish to the city manager
each month a report containing in detail the revenues, expenses
and expenditures of the city on all accounts, and for each
appropriation item the expenditures made and the obligations
incurred during the preceding calendar month and the total
unencumbered balance. All the accounts of the city and the
school department shall be audited annually by a qualified
certified public accountant to be chosen by the city council.
(Referendum 12/1/75; 11/2/10)
Section 2. Collaboration between city and schools.
To the extent practicable and lawful, the city and the
school department shall endeavor to share staff and resources
and otherwise cooperate with one another in order to provide
better city and school services in a cost effective manner.
(Referendum 11/2/10)
Section 3. Reports.
The director of finance shall publish each month a set of
financial statements reflecting the financial condition of the
city and the school department, and such other financial
information as may be required by the city council.
The director of finance shall produce a comprehensive
financial report on an annual basis which conforms to “Generally
Accepted Accounting Principles.” (Referendum 11/2/10)
Section 4. Fiscal year.
The fiscal year of the city shall be July 1 through June
30, or such other fiscal year as the city council shall
determine. (Referenda 6/13/78; 11/4/86; 11/2/10))
Section 5. Annual budget.
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Not later than two (2) months before the end of the fiscal
year, the city manager shall submit to the city council a
proposed city budget prepared by the city manager for the
ensuing fiscal year. The mayor shall submit comments on the
proposed city budget, along with any proposed modifications,
concurrently with the manager’s submission.
The city council shall fix a time and place for holding a
public hearing upon the proposed city budget prepared by the
manager, and shall give not less than ten (10) days prior public
notice of such hearing, which hearing shall be at least ten (10)
days before the final passage of the appropriation resolve.
(Referenda 6/13/78; 11/4/86; 11/2/10)
Section 6. Budget content.
The proposed city budget prepared by the manager shall
provide a complete financial plan of city general and enterprise
funds and activities for the ensuing fiscal year. In organizing
the budget, the city manager shall utilize the most feasible
combination of expenditure classification by fund, organization
unit, program, purpose or activity, and object. It shall begin
with a clear general summary of its contents; shall show in
detail all estimated income, indicating proposed tax levies, and
all proposed expenditures, including debt service for the
ensuing fiscal year; and shall be so arranged as to show
comparative figures for actual and estimated income and
expenditures of the current fiscal year and actual income and
expenditures of the preceding fiscal year.
The total of proposed expenditures shall not exceed the
total of proposed income. (Referenda 6/13/78; 11/2/10)
Section 7. Appropriation resolve.
The city council shall adopt the annual appropriation
resolve for the next fiscal year on or before the last day of
the twelfth month of the fiscal year currently ending. Such
resolve shall appropriate those amounts deemed necessary for
general city purposes and additionally one gross amount for
school purposes as required by section 5 of article III. The
total amount appropriated shall not exceed the estimated revenue
of the city.
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If it fails to adopt such resolve by this date, the city
council may make appropriation for current departmental
expenses, chargeable to the appropriation for the year, when
passed, to an amount sufficient to cover the necessary expenses
of the various departments until the annual appropriation
resolve is in force. These continuing appropriations shall not
be subject to the mayor’s veto in section 8 below.
The city council may by resolution appropriate to any
purpose or object for which there shall have been no
appropriation for the current year, or for which the
appropriation for the current year has proved insufficient, any
accruing revenue of the city not appropriated as hereinbefore
provided and any unencumbered appropriation balance, or portion
thereof, remaining after the purpose of the appropriation shall
have been satisfied or abandoned. Such appropriations shall not
be subject to the mayor’s veto in section 8 below. (Referenda
6/13/78; 11/2/10)
Section 8. Mayoral veto of general city purposes appropriations
in the appropriation resolve.
Within five (5) business days of the meeting at which the
city council adopts the annual appropriation resolve, the mayor
may veto the appropriation for general city purposes in such
resolve by written communication to the other members of the
city council. Such communication shall specify the reasons for
such veto and shall, at minimum, be posted upon the city’s
website or similar location and sent to the councilors by
electronic mail and by the same means that agendas are delivered
to councilors.
Any such veto of the appropriation for general city
purposes shall not affect city payment of debt service
obligations on previously authorized bonds, nor shall it affect
the school budget appropriation.
An order to override the veto shall be placed on the next
city council agenda which is at least five (5) calendar days
after the date of the mayor’s veto communication, and such veto
may be overridden by a vote of at least six (6) members of the
city council. The mayor shall not vote on such override item.
If a veto is overridden, the general city purposes
appropriation will take effect on the first day of the fiscal 
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year, or on the day immediately following the override vote, if
such vote is after the first day of the fiscal year.
If a veto is not overridden, then at the same meeting the
override vote is taken, the general city purposes appropriation
which was vetoed shall become an item for further consideration
by the city council, without the need for a motion for
reconsideration, and the city appropriation may be modified,
amended, or otherwise acted upon to secure passage at that
meeting or a subsequent meeting without the need for two
readings prior to passage.
In the event the city council does not override the veto or
does not secure passage of the annual appropriation for general
city purposes prior to the start of the fiscal year, or has not
otherwise acted to provide continuing appropriations under the
second paragraph of section 7 above, then the appropriations for
general city purposes in effect for the prior fiscal year shall
go into effect as of the first day of the fiscal year, with
expenditures chargeable to the appropriation for the year, until
the appropriation for general city purposes is approved.
(Referendum 11/2/10)
Section 9. Unexpended appropriations.
All appropriations in the annual budget shall lapse at the
close of the fiscal year unless specifically continued by order
of the city council, and the unexpended appropriations shall be
transferred to the appropriate fund balance account. (Referendum
11/2/10)
Section 10. Borrowing.
The borrowing of money by and for the city shall be limited
as to form and purpose by section 11 and section 12 of this
article. The credit of the city shall in no manner be loaned to
any individual, association or corporation. (Referendum 11/2/10)
Section 11. Bond issues.
Money may be borrowed, within the limits fixed by the
constitution and statutes of the state, now or hereafter
applying to Portland, by the issue and sale of bonds or notes
pledged on the credit of the city, or on the revenues or assets
of the projects financed with the proceeds of such borrowings,
the proceeds to be used for the acquisition of land, the 
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construction, reconstruction, major alteration, extraordinary
repairs, and equipment of buildings and other permanent public
improvements, the purchase of departmental equipment, for
economic development to the extent determined by the City
Council to serve a valid public purpose, to create reserves to
settle workers' compensation obligations, to fund, refund, pay
or to create reserves for the payment of the city’s unfunded
pension fund liabilities and for the payment of refunding bonds,
notes and other evidences of indebtedness previously issued, or
for any other purpose permitted by state law.
No order providing for the issue of bonds shall be passed
without public notice given by posting notice of the same in two
(2) public places in the City of Portland and publishing such
notice at least twice in a newspaper of general circulation in
Portland at least two (2) weeks before final action of the city
council. In addition, the city council may, in its discretion,
provide that such notice shall be published on the city's
website and in such other additional media as the city council
determines are appropriate to notify the general public of the
public hearing.
Any order authorizing the issue of bonds must be approved
by vote of at least seven (7) members of the city council.
(Referenda 11/4/86; 11/5/91; 11/8/94; 11/2/99; 11/2/10)
Section 12. Temporary loans.
Money may be borrowed in anticipation of receipts from
taxes during any fiscal year but the aggregate amount of such
loans outstanding at any one (1) time shall not exceed eighty
(80) percent of the revenue received from taxes during the
preceding fiscal year. All such loans shall be paid within the
year out of the receipts from taxes for the fiscal year in which
the loans are made. Money may be borrowed in anticipation of
money to be received from the sale of bonds to be issued, in
case such bond issue has been authorized; all such loans shall
be subject to the provisions of the laws of the State of Maine
in relation thereto. This section shall not limit in any way the
power granted to towns and cities to borrow money as contained
in the Revised Statutes of the State of Maine and acts
amendatory thereof and additional thereto. (Referendum 11/4/86;
11/2/10)
Section 13. Payments.
City of Portland Charter
Code of Ordinances
Article VII Rev. 12-6-12
The director of finance shall establish adequate financial
controls to reasonably ensure that all payrolls, bills and other
claims and demands against the city are in proper form,
correctly computed, duly certified and legally due and payable.
The director of finance may require any claimant to make
oath to the validity of his or her claim, may investigate any
claim and for such purpose or purposes may examine witnesses
under oath. (Referendum 11/2/10)
Section 14. Bonds of officers.
The city council shall require a bond with sufficient
surety or sureties, satisfactory to the city council, from all
persons trusted with the collection, custody or disbursement of
any of the public moneys; and may require such bond from such
other officials as it may deem advisable; the premium charges
for such bonds to be paid by the city. (Referendum 11/2/10)
Section 15. Collection and custody of city moneys.
All moneys received by any officer, employee or agent of
the city belonging to the city, or for or in connection with the
business of the city, shall forthwith be paid by the officer,
employee or agent receiving the same into the city treasury, and
shall then be deposited by the director of finance with a
federally insured banking institution or institutions or insured
credit union or unions. All interest from all deposits of money
belonging to the city shall accrue to the benefit of the city.
(Referendum 11/2/10)
Section 16. Voter referendum required for certain city council
actions.
(a) The city council shall submit the following to voter
referendum:
(1) Orders or resolves authorizing the issuance of general
obligation securities of the city in a principal
amount greater than five one-hundredths of one (1)
percent of the last certified state valuation of the
city for a single capital improvement or item of
capital equipment; or
(2) Orders or resolves directly or indirectly obligating
the city to expend, over a term greater than one (1) 
City of Portland Charter
Code of Ordinances
Article VII Rev. 12-6-12
municipal year, municipal tax funds in excess of an
amount greater than seven and one-half one-hundredths
of one (1) percent of the last certified state
valuation of the city for a single capital improvement
or item of capital equipment.
(b) The provisions of this section shall not be applicable
to any order or resolve authorizing (i) the refunding of any
securities or other obligations of the city; (ii) the issuance
of general obligation securities, or other direct or indirect
obligations, of the city for streets, sidewalks, or storm or
sanitary sewers; or (iii) any construction or financing of
improvements or equipment needed as a result of fire, flood,
disaster or other declared emergency. For purposes of this
section, the city council may by vote of at least seven (7) of
its members adopt emergency orders or resolves authorizing
construction or financing of improvements or equipment needed as
a result of fire, flood, disaster or other emergency and such
orders or resolves shall contain a section in which the
emergency is set forth and defined; provided, however, that the
declaration of such emergency by the city council shall be
conclusive.
(c) Any order or resolve described in subsection (a) of
this section shall be approved by separate action of the city
council.
(d) No order or resolve described in subparagraph (a) of
this section, not excepted by subparagraph (b), shall become
effective until approved by a majority of voters voting at a
regular or special municipal election. In the event that the
total number of votes cast for and against the question for the
referred order or resolve should be less than ten (10) percent
of the registered voters of the city, then such order or resolve
shall be deemed to be approved and effective.
(e) The form of the ballot question for the referred order
or resolve shall be substantially as follows:
Shall the order or resolve entitled "____
____", be approved?
(Referendum 11/4/86; 11/2/10)
ARTICLE VIII. MISCELLANEOUS PROVISIONS
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12
Section 1. No personal interest.
No member of the city council or school board or board or
commission thereof and no officer or employee of the city or
school department shall:
(a) Have a substantial financial interest, direct or
indirect, in any contract entered into by or on behalf
of the City of Portland or the school board, except
his or her employment contract, or in the sale to or
by the city or school department of any land,
materials, supplies or services when such officer,
employee or member exercises on behalf of the city or
school department any function or responsibility with
respect to such contract or sale. All contracts or
sales made in violation hereof are void, and the city
treasurer is expressly forbidden to pay any money out
of the city treasury on account of any such
transaction.
(b) Purchase or accept anything from the city or school
department, other than those items or services which
are offered to the public generally, and then only
upon the same terms and under the same procedures
offered to and used for the general public. This shall
not include those items or services which are received
as compensation, or as a part of such person's
employment contract, or which are necessary for the
performance of such person's duties.
(c) Accept or receive from any person, firm, or
corporation acting under a franchise, contract, or
license from the city or school department, any frank,
free pass, free ticket, or free service, or accept,
directly or indirectly, from any such person, firm, or
corporation any service upon terms more favorable than
those granted to the public generally. (Referenda 11/4/86;
11/2/10)
Section 2. Ordinances, rules and regulations continued.
All ordinances in force at the time that this charter takes
effect, not inconsistent with this charter, shall continue in 
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12
force until amended or repealed. All rules and regulations of
the municipal officers or of any office of the City of Portland
in force at the time that this charter takes effect, not
inconsistent with the provisions hereof, shall continue in force
until amended or repealed.
Section 3. Continuity of actions.
All rights, actions, proceedings, prosecutions and
contracts of the city or any of its departments, pending or
unexecuted when this charter goes into effect and not
inconsistent therewith shall be enforced, continued or completed
in all respects as though begun or executed hereunder.
Section 4. Summons before city council and civil service
commission.
The clerks of the supreme judicial and superior courts may
issue summonses or subpoenas for witnesses to attend and to
produce books, documents and papers at any meeting of the city
council or of the civil service commission of the City of
Portland at which a hearing is had in any matter regarding any
alleged dereliction, which summonses shall be served as
summonses are required to be served in matters before the
supreme judicial or superior courts. Failure to obey a summons
or subpoena shall be punished by the appropriate court in the
same manner as contempt is punished under the general law.
(Referendum 11/4/86)
Section 5. Effect of private and special laws.
Private and special laws which apply to the City of
Portland in effect on November 4, 1986 shall continue in force
until amended or repealed. (Referendum 11/4/86)
APPENDIX A
Charter Legislative History
1. Town of Portland incorporated by Act of Commonwealth of Massachusetts on
July 4, 1786; Town of Portland Records, p. 1
2. City of Portland incorporated by adoption of charter on March 26,
1832; original charter can be found in Chapter 248, Special Laws of Maine
1832, p. 380; amendments as follows:
c. 325, S.L. 1833, p. 501
c. 500, S.L. 1834, p. 749
c. 402, S.L. 1838, p. 511
c. 541, S.L. 1839, p. 648
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12
c. 33, P & SL 1842, p. 25
c. 200, P & SL 1845, p. 258
c. 266, P & SL 1845, p. 310
c. 233, P & SL 1849, p. 333
c. 330, P & SL 1850, p. 458
c. 167, P & SL 1853, p. 158
c. 35, P & SL 1857, p. 48
c. 103, P & SL 1857, p. 93
c. 109, P & SL 1857, p. 100
3. A total revision of the charter was accomplished in 1863; c. 275, P
& SL 1863, p. 257; amendments as follows:
c. 348, P & SL 1870, p. 316
c. 647, P & SL 1871, p. 624
c. 21, P & SL 1875, p. 16
c. 8, P & SL 1881, p. 9
c. 86, P & SL 1881, p. 86
(c. 450, P & SL 1897, p. 707--Revision of charter rejected by voters in
1897)
c. 384, P & SL 1901, p. 569
c. 68, P & SL 1903, p. 116
(c. 287, P & SL 1905, p. 328--abolishing common council rejected by
voters April 24, 1905)
c. 344, P & SL 1907, p. 638
c. 427, P & SL 1907, p. 758
(c. 148, P & SL 1921, p. 513--"Murray Bill" charter revision rejected
by voters September 13, 1921)
(c. 149, P & SL 1921, p. 532--"Brewster Bill" charter revision rejected
by voters September 13, 1921)
4. A total revision of the charter was accomplished in 1923 by adoption
by voters of "Brewster Bill" on September 11, 1923; c. 109, P & SL 1923, p.
596; ("Nichols Bill" c.104, P & SL 1923, p. 557 was rejected same date);
amendments as follows:
c. 56, P & SL 1929, p. 484
(c. 112, P & SL 1929, p. 604--Mayor--Alderman form rejected by voters
on September 10, 1929)
c. 31, P & SL 1931, p. 353
c. 50, P & SL 1945, p. 629
c. 113, P & SL 1945, p. 736
c. 144, P & SL 1945, p. 71
c. 72, P & SL 1947, p. 722
c. 72, P & SL 1949, p. 765
c. 103, P & SL 1949, p. 803
c. 28, P & SL 1953, p. 528
c. 108, P & SL 1955, p. 756
c. 88, P & SL 1957, p. 707
c. 143, P & SL 1959, p. 873
5. A total revision of the charter was accomplished in 1961; c. 194, P
& SL 1961, p 1125; amendments as follows:
c. 64, P & SL 1963, p. 966
c. 65, P & SL 1963, p. 967
c. 157, P & SL 1963, p. 1187
c. 177, P & SL 1963, § 1, p. 1291
(c. 6, P & SL 1965, p. 649 rejected by voters on December 6, 1965)
c. 7, p & SL 1965, p. 650
c. 81, P & SL 1965, p. 760
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12
(c. 127, P & SL 1965, p. 849 rejected by voters on December 6, 1965)
c. 221, P & SL 1967, p. 136
c. 83, P & SL 1969, p. 1628
c. 136, P & SL 1969, p. 1792
c. 146, P & SL 1969, p. 1820
(c. 185, P & SL 1969, p. 1958 rejected by voters on November 3, 1970)
State constitutional law reference--Municipal home rule, Const. of
Maine, Art. VIII, Pt. 2.
Referenda 12/4/72 Art. I, 1
Referenda 12/1/75 Art. II, 2
Art. IV, 2
Art. IV, 4
Art. V, 2
Art. VII, 1
Referenda 11/2/76** Art. II, 1
Art. II, 4
Art. III, 1,2,5
Art. IV, 2,3,4,6
Art. V, 2
Referenda 6/13/78 Art. II, 1,2,3,5
Art. III, 1,2,3,4
Art. IV, 1,2,3,6
Art. VII,3,4,5,6
Referenda 11/4/86***Art. II, 1,2,4,5
Art. III, 1,5
Art. IV, 1,2,3,4,6,7,9
Art. V, 1,2,3,4,5,6,7
Art. VI, 1,2,5
Art. VII 7-10 (Rpld)
Art. VI, 11-12 (Rnbd as Art. VI,
7-8)
Art. VII, 3,4,9,10,16
Art. VIII, 1,4,5
Art. VIII, 6 (Rpld)
Referenda 11/3/87 Art. II, 2
Art. III, 1
Referenda 11/5/91 Art. VII, 9
Referenda 11/8/94 Art. VII, 9
Referenda 11/2/99 Art. II, 4
Art. III, 5
Art. VII, 9
Referenda 11/7/00 Art. II, 3,5
Art. III, 2,3
Art. IV, 2
Referenda 11/6/01 Art, IV, 2,6,8,10
Referenda 11/4/08 Art. IV, 3,4,5, 6,7,11
Referenda 11/2/10**** Charter Revisions recommended
by the Portland Charter Commission
established on November 4, 2008, and passed
by the voters on November 2,2010
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**Editor's note--The amendment establishing district councilor elections
became effective January 1, 1976, except that for the purpose of nomination
and election of district councilors such amendment shall apply as the 
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12
presently occupied district seats become available thereafter by normal
expiration of term or by vacancy and to every district election thereafter.
_______________________________________________________________________
***Editor's note--A referendum passed Nov. 4, 1986 and effective July 1,
1987, repealed former sections 7 through 10 of article VI to eliminate
references to obsolete offices (assistant assessors, director of public
welfare) and renumbered former sections 11 and 12 as 7 and 8 respectively.
Former sections 7 through 10 derived from the legislation enumerated in the
first editor's note to this Charter.
***Editor's note--A referendum passed Nov. 4, 1986, effective July 1, 1987,
amended section 4 of article VIII to clarify the summons-subpoena power and
to provide that failure to obey either a summons or a subpoena will subject
offenders to contempt. Former section 5 of this article was deleted as a
result of the amendment to section 4 and a new section 5 added to preserve
certain rights granted to the city by special acts of the legislature. Former
section 6 was deleted to conform to 30 M.R.S.A. § 1915(4) which establishes
the effective date of Charter revisions. See the editor's note to the Charter
for derivations of deleted sections.
_______________________________________________________________________
****Editor’s note--Portland voters approved a referendum passed on November
4, 2008 to establish a Portland Charter Commission to make recommendations to
revise the Portland City Charter. Those recommendations were subsequently
passed by the voters on November 2, 2010, and incorporated the provisions on
the popularly elected mayor in Article 2, as well as making changes to the
School and Elections articles and technical amendments throughout the
document.