A. Transmittal of Legislative Actions to the Mayor. Except in the case of Resolutions, including those relating to the procedures of the Council, every proposed Ordinance, Statutory Resolution, Order or Motion shall be transmitted by the Clerk of the Council to the Mayor for action within five (5) Days after passage by the Council
152. The provisions of §§ 4-7 and 4-8 of this Charter shall not apply to the adoption of the Budget Ordinance
153. The procedures for the adoption of the Budget Ordinance is subject to the provisions of §§ 10-3 through 10-6 of this Charter
154.
B. Mayoral Action
155. The Mayor shall return to the Clerk of the Council such Ordinance, Statutory Resolution, Order or Motion within fifteen (15) Days after passage by the Council.
(1) Approval by the Mayor or Failure of the Mayor to Take Action
156. In the event the Mayor approves or fails to take action within such fifteen (15) Days, such Ordinance, Statutory Resolution, Order or Motion shall become effective and operational as set forth in this section. In the event the Mayor shall fail to take action upon such matters, the Town Clerk shall endorse such fact upon the official copy of the matter.
(2) Veto by the Mayor
157. Every Ordinance, Statutory Resolution, Order or Motion vetoed by the Mayor shall be returned within the same fifteen (15) Days to the Clerk of the Council with a statement of the reasons for the veto.
C. Legislative Action Following Mayoral Veto
158. Following receipt of the Mayor's veto, any vetoed Ordinance, Statutory Resolution, Order or Motion again approved by an affirmative vote of at least two-thirds (2/3rds) of the Council present and voting at a meeting, shall become effective in accordance with this section.
D. Effective Date.
(1) Ordinances and Statutory Resolutions. Every Ordinance or Statutory Resolution, unless it shall specify a later date, shall become effective on the twenty-first (21st) Day after Public Notice, of Final Action
159, with the exception that an Ordinance stated to be a public emergency measure which shall be effective immediately, as set forth in § 5-4.E(4) of this Charter
160.
(2) Resolutions, Orders or Motions
161. Every Resolution, Order or Motion, unless it shall specify a later date, shall become effective upon Final Action.
151 1983 Charter § 3-8.
152 2011 modification of 1983 Charter § 3-8 (first sentence), by replacing the following language: "Except in the case of resolutions relating to the procedures of the Council, every proposed ordinance or resolution shall be presented to the Mayor for approval, veto or acceptance within five (5) days after adoption by the Council ". The replacement language adds the terms "order or other legislative act"; replaces the term "adoption" with "passage" (akin to the language in the rules of the General Assembly); inserts "business" days; and, utilizes the term "for action" in lieu of "approval, veto or acceptance". It also inserts the Clerk of the Council as the transmitting agent.
153 Charter Revision of 2011.
154 Charter Revision of 2011.
155 2011 modification of 1983 Charter § 3-8 (second sentence), by replacing the following language: "Within fifteen (15) business days after adoption by the Council, the Mayor shall approve veto or accept the proposed ordinance or resolution". The replacement language adds "order or other legislative act"; inserts" business" days; and, addresses the specific Mayoral actions in a later provision.
156 2011 modification of 1983 Charter § 3-8 (third sentence), by replacing the following language: "Every ordinance and resolution approved by the Mayor and those accepted by the Mayor's not acting to approve or veto such ordinance or resolution within fifteen (15) days shall become effective in accordance with this section". The replacement language adds "order or other legislative act"; utilizes the term "fails to take action" in lieu of "not acting to approve or veto" (veto is addressed in the following provision); adds "business" days; and, adds the following sentence: "In the event the Mayor shall fail to take action upon such matters the Town Clerk shall endorse such fact upon the official copy of the matter".
157 2011 modification of 1983 Charter § 3-8 (fourth sentence), by replacing the following language: "Every ordinance and resolution vetoed by the Mayor shall be returned within the same fifteen (15) days to the Clerk of the Council with a statement of the reasons for the veto". The replacement language adds "order or other legislative act"; and "business" days.
158 2011 modification of 1983 Charter § 3-8 (fifth sentence), by replacing the following language: "Following receipt of the Mayor's veto, any vetoed ordinance or resolution again approved by an affirmative vote of at least two-thirds (2/3) of the Council present and voting at a Meeting shall become effective in accordance with this section". The replacement language adds "order or other legislative act".
159 Consistent with 1983 Charter § 3-9 (second sentence); includes new defined terms "Public Notice" and "Final Action".
160 Minor modification of 1983 Charter § 3-8 (sixth sentence) by changing "publication" to "Public Notice".
161 Charter Revision of 2011.