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FOREWORD
A municipal charter is the supreme law of the land in terms of a
municipality’s form of government, distribution of powers and
required procedures. It prevails over any ordinances, policies or practices
of local government that are inconsistent with it. It is binding with
respect to all of the matters it deals with unless and until it is revised
or amended in accordance with the statutory procedures for doing so
(30-A M.R.S.A. Section 2101-2109).
...Richard P. Flewelling,
Esq. (November 4, 1999)
Use the following quick links to navigate through
the Charter...
ARTICLE I: GRANT OF POWERS
ARTICLE II: LEGISLATION
ARTICLE III: BOARD OF SELECTMEN
ARTICLE IV: TOWN ADMINISTRATOR
ARTICLE V: ADMINISTRATIVE ORGANIZATION
ARTICLE VI: SCHOOL ADMINISTRATION
ARTICLE VII: FINANCIAL PROCEDURES
ARTICLE VIII: ELECTIONS
ARTICLE IX: GENERAL PROVISIONS
ARTICLE X: CHARTER AMENDMENTS
ARTICLE XI: TRANSITIONAL PROVISIONS
GLOSSARY
CHARTER OF THE TOWN OF LINCOLNVILLE
Be it enacted by the Inhabitants of the Town of Lincolnville, Maine,
as follows:
ARTICLE I: GRANT OF POWERS
Section 1.01 Powers of the Town
The Town of Lincolnville shall have all the powers possible for a municipality
to have under the constitution and laws of Maine.
Section 1.02 Construction
The powers of the Town under this Charter shall be construed liberally
in favor of the Town, and no mention of particular powers in the Charter
shall be construed to be exclusive or as limiting in any way the general
power stated in this article.
Section 1.03 Intergovernmental Relations
The town may exercise any of its powers or perform any of its functions
and may participate in the financing thereof, jointly or in cooperation,
by contract or otherwise, with any one or more states or civil divisions
or agencies thereof, or of the United States
or agencies thereof to the extent permitted by law.
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ARTICLE II: LEGISLATION
Section 2.01 Town Meeting
The legislative body for the Town shall be the Town Meeting.
A. Annual Town Meeting:
Annual Town Meeting shall be held during the month of June of each year
for municipal elections of municipal officers and other municipal officials.
At such time a Moderator shall be nominated and elected by written ballot
at the beginning of the Annual Town Meeting, and the Moderator shall
continue to preside at the floor vote of the Annual Town Meeting. Questions
to be acted upon by referendum (secret ballot) and the election of municipal
officers and municipal officials shall be voted on a day in June preceding
the day of the floor vote for the Annual Town Meeting and shall occur
no more than seven days prior to the floor vote. As a legislative body
of the Town, the Town Meeting shall have general authority for the enactment
of ordinances and other legislation by the Town.
B. Town Meeting:
Town Meetings may be called by order of the Board of Selectmen or by
citizen’s petition, in accordance with the provisions of Title
30-A MRSA Section 2521, 2522,2523 and 2524. At such time a Moderator
shall be nominated and elected by written ballot.
C. Record of Town Meeting:
The Selectmen shall provide for keeping minutes of all Town Meetings.
The minutes shall be a public record.
Section 2.02 Warrants for Town Meeting
Each Town Meeting shall be called by a warrant (M.R.S.A. Title 30-A,
Sections 2521 and 2523).
A. Articles for the Warrant. The Board of Selectmen, on its own initiative,
may, by majority vote, place on the warrant any article relating to
the welfare of the municipality.
B. Petitions for Articles in the Warrant. Any qualified voter may request
the Board of Selectmen to place an article in the warrant and shall
present, in written form, the substance of the article. If the request
is denied by the Board of Selectmen, on the written petition of a number
of voters equal to at least ten percent (10%) of the number of votes
cast in the town at the last gubernatorial election, but in no case
less than ten, the Board of Selectmen shall either insert a particular
article in the next warrant issued or shall, within sixty (60) days,
call a Special Town Meeting for its consideration.
Section 2.03 Ordinances
A. All ordinances shall be enacted by the legislative body, acting through
a Town Meeting, except those ordinances that the Board of Selectmen
can, by law, enact.
B. Except for emergency ordinances, or those with dates specified by
statute, ordinances shall become effective seven days after adoption,
unless otherwise specified therein.
Section 2.04 Emergency Ordinances
Emergency ordinances affecting life, health, property, or the public
peace may be introduced or adopted in accordance with the procedures
for regular ordinances except that publication and notice of public
hearing requirements may be omitted, providing the enacting clause of
the emergency ordinance sets forth a statement of the emergency. The
emergency ordinance may be adopted by a vote of the legislative body
with or without amendment at the meeting at which it is introduced.
Emergency ordinances so enacted shall be automatically repealed after
the time specified in the ordinance but not later than the next Annual
or Special Town Meeting.
Section 2.05 Authentication and Recording of Ordinances
A. Authentication and Recording. All ordinances and resolutions adopted
by the Town or Board of Selectmen shall be authenticated by the signatures
of the Board of Selectmen and the Town Clerk and recorded in full by
the Town Clerk in a properly indexed book kept for that purpose. Such
ordinances and resolutions shall be certified by the Town Clerk in accordance
with Title 30A MRSA Section 3006.
B. Printing of Ordinances and Resolutions. The Selectmen shall cause
each ordinance and resolution having the force and effect of law and
each amendment to this charter to be printed promptly following its
adoption, and the printed ordinances, resolutions
and charter amendments shall be distributed or sold to the public at
reasonable prices as fixed by the Selectmen.
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ARTICLE III: BOARD OF SELECTMEN
Section 3.01 General Powers and Duties
A. The Board of Selectmen shall provide for the performance of all duties
and obligations imposed on the Town by law.
B. The Board of Selectmen shall have the following enumerated powers
in addition to those powers granted to the Board at an Annual or Special
Town Meeting.
C. The Board of Selectmen shall have supervisory authority over the
affairs of the Town.
1. The Board of Selectmen shall have the authority to appoint or to
remove for cause, after notice and hearing, the Town Administrator,
pursuant to the provisions of Section 4.04.
2. The Selectmen shall, by majority vote, appoint all boards, committees,
commissions and trustees with the exception of those deemed to be elected
positions under Section 5.04 (A).
3. The Board of Selectmen shall confirm, by majority vote, the Town
Administrator’s appointments of department heads.
4. All appointments shall be made within thirty (30) days (to the extent
practical) of the adjournment of the Annual Town Meeting, or when a
special need arises.
5. The Board of Selectmen shall have the right to initiate boards or
commissions, as they deem necessary for Town affairs.
6. The Selectmen shall serve as Overseers of the Poor and Assessors
of the Town. The Board of Selectmen may appoint as required an Assessor’s
Agent under contract or annual retainer.
7. The Board of Selectmen shall make temporary and full time appointments
to paid and unpaid Town positions.
8. The Board of Selectmen shall review and evaluate applications for
officials and other Town positions to insure capable and qualified candidates.
Job openings except those positions filled internally shall be advertised
in local publications and posted in the Town Office.
9. The Board of Selectmen shall have the authority to remove for cause,
after notice and hearing, all officials and employees whom the Board
is authorized to appoint and for whom the Board confirms appointment,
and as set forth in Section 5.05 (A) (4).
10. The Board of Selectmen shall develop and administer a complete and
appropriate personnel policy for all Town employees.
11. The Board of Selectmen shall act as a personnel board, when necessary,
to resolve personnel problems that cannot be resolved by the Town Administrator,
and keep complete minutes of personnel proceedings.
Section 3.02 Composition, Eligibility, Election and Terms
A. Composition. The Board of Selectmen shall be composed of five (5)
members, each of whom shall be elected by the registered voters of the
entire town.
B. The number of members on the Board of Selectmen may be changed by
the legislative body of the Town.
C. Eligibility. Only registered voters of the Town shall be eligible
to hold the office of Selectman.
D. Election. The election of Selectmen shall be held, in the manner
provided by law, on a day preceding the Annual Town Meeting floor vote.
At each annual municipal election Selectmen shall be elected to fill
the positions of those whose terms expire.
E. Terms. Selectmen shall be elected to serve staggered three-year terms.
See Section 5.04 (A) (2) (a).
F. Nominations for election to the Board of Selectmen shall conform
with the requirements set forth in Title 30-A Maine Revised Statutes,
Section 2528 (4), except as set forth in Section 8.01 of this charter.
Section 3.03 Compensation; Expenses
A. Compensation. Annual compensation shall be paid to each Selectmen.
Changes in the rate of compensation for the Selectmen shall be established
from time to time by article in the Town Warrant at the Annual Town
Meeting. Members serving unexpired terms shall be paid on a pro-rata
basis for time served.
B. Expenses. Board members shall receive their actual and authorized
expenses incurred in the performance of their duties of office.
Section 3.04 Prohibitions
A. Employment of Selectmen by Town. No Selectman, during his or her
term of office, shall receive direct or indirect personal compensation
for any goods or services provided or for employment with the Town unless
such compensation for goods or services or employment is the result
of a competitive bid proposal approved by the majority of the Selectmen,
excluding the Selectman who would receive such compensation, in accordance
with M.R.S.A., Title 30-A, Section 2605.
B. Prohibited appointment. No Selectman, during the term for which that
Selectman has been elected and for one year thereafter, may be appointed
to any municipal office of profit or employment position of the Town,
which was created or the compensation of which was increased by the
action of the Selectmen during that Selectman’s term. This section
shall not be construed to prohibit actions allowed or required under
state or federal law, municipal ordinance or municipal charter but the
requirements of this subsection shall conform to the statutory requirements
of Title 30-A Maine Revised Statutes, Section 2605 (5) (B).
C. Limitations of Board Action. The Board of Selectmen shall act as
a unit settling all questions by formal vote in an authorized public
meeting. Members must not act individually unless some duty has been
delegated to a member by a majority vote of the Board of Selectmen.
A formal minority report may be issued by Board members in the minority,
which shall be recorded in the minutes of the Board of Selectmen’s
meetings.
D. Disposition of Tax-Acquired Property. The Board of Selectmen shall
not dispose of any tax-acquired property without the approval of the
Legislative Body.
E. Interference with Administration. Except for the purpose of inquiries
and investigations under Section 9.08, the Board or its members shall
deal with Town officials and employees who are subject to the direction
and supervision of the Town Administrator solely through the Administrator,
and neither the Board nor its members shall give orders to any such
officer or employee, whether publicly or privately.
Section 3.05 Vacancies; Forfeiture of Office; Filling of Vacancies
A. Vacancies. The office of Selectman shall become vacant upon a Board
member’s non-acceptance, resignation, death, permanent disability,
legal in-competency, and forfeiture of office or failure of the municipality
to elect a person to the office.
B. Forfeiture of Office. A Selectman shall forfeit that office if the
Selectman:
1. Lacks at any time during the term of office for which elected, any
qualification for the office prescribed by this Charter or by law,
2. Intentionally violates any express material prohibition of this Charter,
3. Is convicted of a crime or offense which is reasonably related to
his or her ability to serve as Selectman, or
4. Fails to attend three (3) consecutive regular meetings of the Board
without having been excused by the Board.
C. Filling of Vacancies. If a seat in the Board of Selectmen becomes
vacant more than five (5) months prior to the next Annual Town Meeting,
the Board of Selectmen shall call a special election to fill the un-expired
term. If such a vacancy occurs five (5) months or less prior to the
next Annual Town Meeting, that seat shall be filled at that next Annual
Town Meeting.
Section 3.06 Judge of Qualifications
Upon advance written notice to all Board members, and following a public
hearing with ten (10) days advance notice to the public, the Board shall
have the power to set additional standards of conduct for its members
beyond those specified in the Charter and may provide for such penalties
as it deems appropriate, including forfeiture of office. Decisions made
by the Board under this section may be subject to judicial review.
Section 3.07 Recorder to the Board
The Selectmen shall appoint an official or employee of the Town who
shall have the title of Recorder to the Board. The Recorder to the Board
shall keep the journal of its proceedings and perform such other duties
as are assigned by the Selectmen. A record of attendance of Board members
at all regular and special meetings shall be recorded by the Recorder.
Section 3.08 Meeting Procedure
A. Initial Meeting. The members of the newly constituted Board shall
meet within twenty-four (24) hours after the adjournment of the Annual
Town Meeting and the Board shall organize to the extent possible as
follows:
1. To be sworn to the faithful discharge of their duties by any person
authorized by state law to administer oaths.
2. Elect a Board Chairman, Vice-chairman and Secretary.
3. To confirm and appoint Town officials as necessary, within thirty
(30) days (to the extent practical) of the adjournment of Annual Town
Meeting.
B. Regular and Special Meetings
1. The Board of Selectmen shall, at its first meeting or as soon as
possible thereafter, establish by resolution a regular place and time
for holding its regular meetings, shall meet regularly at least twice
a month, and shall give appropriate legal notice thereof to the public.
It shall also provide a method for calling a special meeting. In the
event of an emergency meeting, notice shall be made in accordance with
the general laws of the State of Maine, and notice shall be posted for
such emergency meetings in two conspicuous places whenever practical.
2. All meetings of the Board of Selectmen shall be open to the public
and the public shall have the opportunity to be heard. However, the
Board may recess for an executive session for any reason permitted under
Title 1, M.R.S.A, Section 405.
3. The Chairman, or Vice-chairman in his absence, shall preside at meetings
of the Board and shall be recognized as head of the Town government
for all ceremonial purposes and by the Governor for purposes of military
law, but he shall have no regular administrative duties.
4. The Chairman shall exercise his vote in Town affairs as a regular
member of the Board. The Chairman or Vice-chairman is also responsible
for calling special meetings of the Board when such meetings are warranted.
C. Rules and Journal. The Board of Selectmen shall determine its own
rules and order of business and shall provide for keeping a journal
of its proceedings. This journal shall be a public record.
D. Voting. Voting, except on procedural motions, shall be by roll call,
and the votes of each member shall be recorded in the journal if other
than by unanimous vote. Three members of the Board shall constitute
a quorum. No action of the Board shall be binding or valid unless adopted
by affirmative vote of three Board members.
Section 3.09 General and Administrative Ordinances
A. Ordinances. The Board of Selectmen may enact ordinances as authorized
by M.R.S.A. Title 30-A, Chapter 141, Sections 3008 and 3009.
B. Articles for the Warrant. The Board of Selectmen on their own initiative
may by majority vote place on the
warrant any article relating to the welfare of the municipality.
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ARTICLE IV: TOWN ADMINISTRATOR
Section 4.01 Appointment, Qualification, Compensation
A. The Board of Selectmen shall choose the Town Administrator on the
basis of his administrative qualifications, integrity of character,
and technical knowledge of municipal administration.
B. The Board of Selectmen shall appoint a Town Administrator for a specific
term, as specified by contract, the first six months of which shall
be probationary. The Selectmen shall, by contract, fix the compensation,
benefits, holidays, vacation, and other terms, and provide for the reimbursement
of the actual and necessary expenses incurred in the performance of
the Administrator’s duties.
C. The Administrator need not be a resident of the Town at the time
of appointment and may reside outside the Town while in office, provided
that the Board of Selectmen in office at the time of his appointment
approves, by majority vote, said approval not to be rescinded during
that Administrator’s term of office.
D. The Town Administrator may not serve as Moderator, Selectman, Assessor
or member of the School Committee.
Section 4.02 Powers and Duties of the Town Administrator
A. Town Administrator shall be specifically appointed to and be responsible
for the offices of Town Clerk, Tax Collector and Treasurer.
B. Town Administrator’s powers and duties, where not otherwise
herein provided, shall be as follows:
1. Executive and administrative officer. Shall participate in the hiring,
evaluation, promotion, and discipline of employees according to Town
Personnel Policies and he or she shall establish procedures for the
Board of Selectmen to follow in such matters.
2. Administer offices. Is responsible to the Selectmen for the administration
of all departments and offices over which the Selectmen have control.
3. Enforcement of laws and ordinances. Shall assist in the enforcement
of laws and ordinances of the Town.
4. Appoint department heads. Shall appoint, subject to confirmation
by the Selectmen, supervise and control the heads of departments, under
the control of the Selectmen.
5. Purchasing agent. Shall act as purchasing agent for all departments
of the Town, except the School Department, and submit to competitive
bids any transactions involving more than two thousand dollars ($2000).
6. Attend meetings of Selectmen. Shall attend all meetings of the Board
of Selectmen.
7. Make recommendations. Shall make recommendations to the Board of
Selectmen for the most efficient operation of the Town.
8. Attend town meetings. Shall attend all Town meetings and hearings.
9. Maintain an office in the municipal building. All documents, books,
and records pertaining to Town offices shall be maintained in the municipal
building.
10. Inform of financial condition. Shall keep the Board of Selectmen,
Budget Committee, and the residents of the Town informed as to the Town’s
financial condition.
11. Collect data. Shall collect data necessary to prepare the budget.
12. Assist residents. Shall assist, insofar as possible, residents and
taxpayers in discovering their lawful remedies in cases involving complaints
of unfair vendor, administrative and governmental practices.
13. Emergency/disaster situation. Shall assume the responsibilities
assigned to the Town Manager position in the EMA manual.
14. Perform other duties. Shall perform related work as required by
the Board of Selectmen.
Section 4.03 Acting or Temporary Town Administrator
A. An office employee shall be appointed by the Town Administrator to
be responsible for the operation of the office in his absence.
B. During temporary absence or disability of the Town Administrator,
a majority of the Board of Selectmen shall approve a Temporary Town
Administrator and will at that time determine the compensation and hours
of employment.
Section 4.04 Removal
A. The Town Administrator may only be removed for cause upon written
notice and a hearing before the Selectmen.
B. At least forty (40) days before the proposed removal of the Town
Administrator, the Selectmen shall adopt a resolution stating their
intention to remove him and the reasons thereof; said resolution shall
be filed with the Deputy Town Clerk.
C. A copy of such resolution shall be served within five (5) days upon
the Town Administrator who may, within ten (10) days, request a hearing
in writing to the Selectmen, specifying whether such hearing shall be
held in public or in executive session, in which event the Town Administrator
shall not be removed until such hearing has been held.
D. Any action of the Selectmen in removing the Town Administrator shall
be by majority vote of the Board of Selectmen.
E. The action of the Selectmen in removing the Town Administrator shall
be final, subject to appeal to a court of competent jurisdiction as
provided by law.
F. Upon or after passage of any resolutions, the Selectmen may suspend
the Town Administrator from duty, but normal pay shall continue until
his removal. In the case of such suspension, the Selectmen may appoint
a Temporary Town Administrator to act as the Town Administrator
to serve at the pleasure of the Selectmen for a period up to but not
exceeding 120 days.
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ARTICLE V: ADMINISTRATIVE ORGANIZATION
Section 5.01 Municipal Policy
A. The Town of Lincolnville is an equal opportunity employer and as
such will pursue, in good faith, affirmative action programs.
B. It shall be the policy of the Town of Lincolnville to appoint, assign,
and promote personnel on the basis of merit and fitness without regard
to race, color, religious creed, national origin, sex, sexual orientation,
ancestry, age or physical handicap, or military status unless related
to bonafide occupational qualifications.
C. All appointments and promotions of Town officials and employees shall
be made solely on the basis of merit and fitness demonstrated by a valid
and reliable examination or other evidence of competence.
D. The Town of Lincolnville shall prepare an affirmative action program
for the Town in accordance with criteria established by state and federal
law.
Section 5.02 Personnel Administration
A. Personnel Board
The Board of Selectmen shall develop and administer a complete and appropriate
personnel policy for all town employees. They shall also act as a personnel
board, when necessary, to resolve personnel problems occurring in the
town administration and keep complete minutes of personnel proceedings.
B. Wage and Personnel Policy Board – There shall be a Wage and
Personnel Policy Board consisting of no more than five (5) members appointed
by the Board of Selectmen for staggered three-year terms. The primary
role of this board is explore Lincolnville’s employment policies
(including but not limited to: salary, benefits, job descriptions, and
contracts) and to review and update the town Personnel Policy.
Section 5.03 Legal and Professional Services
A. Attorney – appointed annually by the Board of Selectmen
B. Assessor’s Agent – appointed annually by the Board of
Selectmen
C. Auditing Company – contracted by the Board of Selectmen
Section 5.04 Elected and Appointed Officials; Compensation
A. Elected Positions
1. The election of officials in conjunction with the last Annual Town
Meeting shall require that those Town offices continue to be filled
by election until the Town designates otherwise at a meeting held at
least ninety (90) days before the Annual Town Meeting. Officials required
by statute to be elected are Selectmen, School Committee members, and
Moderator (Moderator per Section 2.01 B.)
2. The following elected positions shall be determined by secret ballot
vote in conjunction with the Annual Town Meeting:
a) Board of Selectmen – Five (5) members :staggered three year
terms with members elected to terms as follows: two (2) in the first
year, two (2) in the second year, and one (1) in the third year of each
three year interval.
b) School Committee Members – Five (5) members :staggered three
year terms with members elected to terms as follows: two (2) in the
first year, two (2) in the second year, and one (1) in the third year
of each three-year interval.
a) Budget Committee Members – Nine (9) members --staggered three
years terms with three members elected during each year of each three-year
interval.
b) CSD – Two (2) members – staggered three year terms with
one member elected during the first year, one elected during the third
year of each three-year interval.
3. Positions, other than Selectmen, unfilled at the time of election
or any vacancies occurring during a regular term may be filled by appointment
until the next Annual Town Meeting at the discretion of the Board of
Selectmen.
B. Appointed Positions
1. The Board of Selectmen shall, by majority vote, appoint all boards,
committees, commissions and officials not elected. Such annual appointments
shall be made within thirty (30) days (to the extent practical) of the
Annual Town Meeting or when a special need arises.
2. The appointment of officials in conjunction with the last Annual
Town Meeting shall require that those Town offices continue to be filled
by appointment until the Town designates otherwise at a meeting held
at least ninety (90) days before the Annual Town Meeting.
3. The following positions shall be appointed:
a) Town Clerk – term of one year
b) Deputy Town Clerk – term of one year
c) Registrar of Voters – term of two years
d) Sexton – term of one year
e) Plumbing Inspector – term of one year
f) Electrical Inspector – term of one year
g) Sealer of Weights and Measures – term of one year
h) Treasurer – term of one year
i) Animal Control Officer – term of one year
j) Code Enforcement Officer – term of one year
k) Harbor Master – term of one year
l) Attorney for the Town – term of one year
m) Inland Harbor Master – term of one year
n) Welfare Director – term of one year
o) Tax collector – term of one year
p) Health Officer – term of three years
q) Building Inspector – term of one year
r) Emergency Director – term of one year
s) Election (Ballot) Clerks – term of two years
t) Financial Director
u) Other positions as may be required
Section 5.05 Departments
A. Fire Department
1. Fire prevention and fire fighting services for the Town, shall be
provided by the Lincolnville Volunteer Fire Department.
2. The Fire Chief and Deputy Chief shall be elected by the Fire Department
members annually, subject to approval and confirmation by the Board
of Selectmen.
3. The Fire Chief shall submit an annual budget to the Board of Selectmen
for inclusion in the Annual Town Warrant.
4. The Board of Selectmen shall have the authority to remove for cause,
after notice and hearing, the Fire Chief or the Deputy Fire Chief.
B. Law Enforcement
1. Police protection and public safety for the town, shall be provided
by a Police Department having a full time Police Chief and police personnel
(full or part-time) as needed.
2. The Board of Selectmen shall, by majority vote, appoint
a) Police Chief – term of three years
b) Police Personnel – term of one year
3. The Police Chief shall submit an annual budget to the Board of Selectmen
for inclusion in the Annual Town Warrant.
C. Public Works
1. Maintenance of the Town roads, ditches, culverts, and Town property
shall be provided by a Public Works Department as well as other requirements
determined by the Town and/or the Board of Selectmen.
2. The Board of Selectmen shall, by majority vote, appoint
a) Road commissioner – Appointed for a term of three (3) years
3. The Road Commissioner shall submit an annual budget to the Board
of Selectmen for inclusion in the Annual Town Warrant.
D. Lincolnville School
1. The Lincolnville School shall be administered under the control of
the local School Committee.
2. The administrative head of the Lincolnville School shall be the Superintendent
and shall be appointed by the School Committee.
Section 5.06 Boards, Committees and Commissions
A. Duties and Responsibilities
1. Regular members and alternates should attend as many meetings as
possible.
2. Work with other departments, committees and municipal officials.
3. All meetings shall be held in a public handicap accessible place,
publicly announced or posted and open to the public. Meetings may be
televised.
4. Draft minutes shall be submitted to the Town Office as soon as possible
for distribution to the Board of Selectmen.
5. Members shall meet publicly to discuss and fulfill the committee’s
charge.
6. Work with the Comprehensive Plan as a guideline – keeping in
mind that the Plan will continue to be revised and updated to project
Lincolnville’s future.
7. Voting members shall elect annually a Chair, Vice Chair and Secretary.
8. An alternate may participate in discussions but may vote only in
the absence of a regular member.
9. Chairman shall submit a written report of activities to the Board
of Selectmen to be included in the Annual Town Report.
10. Chairman shall submit an annual budget to the Board of Selectmen
for inclusion in the Annual Town Warrant.
11. A board or committee member should excuse himself from debate and
voting if there is a conflict of interest or appearance of one and/or
feels he is unable to make a fair and unbiased decision.
12. Any question of whether a member shall be disqualified from voting
on a particular matter shall be decided by a majority vote of the members
except the member who is being challenged.
B. Standing or Regular Boards, Committees or Commissions
1. Planning Board – shall review subdivision applications in accordance
with the provisions of Lincolnville’s Subdivision Ordinance, review
applications for activity in the Shoreland Zone in accordance with the
provisions of the Land Use Ordinance, work in collaboration with the
Land Use Committee to prepare amendments for zoning and other land use
ordinances, and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
2. Board of Appeals – shall have the power and authority set forth
in Title 30-A MRSA, Section 4353 and, in addition, any other powers
or authority set forth in any zoning ordinance or other ordinances adopted
by the legislative body of the Town and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
3. Comprehensive Plan Review Committee – shall continue to review
and update the Comprehensive Plan annually to assure that it meets current
needs and requirements of the community and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
4. Conservation Commission – shall have duties and responsibilities
as outlined by law and of the needs of the town; and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
5. Recreation Commission – shall advise the Town and Municipal
Officers on matters of recreation, and shall supervise any Town recreation
programs; and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
6. Board of Assessment Review – shall hear property owner appeals
for property valuation abatement denials by the Municipal Officers;
and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
7. Cemetery Trustees – shall oversee the maintenance and upkeep
of the Town cemeteries and shall consist of:
a) Five (5) voting members with staggered 3-year terms
b) Two (2) alternates appointed annually
8. Harbor Committee – shall act as an advisory committee to the
Board of Selectmen on matters related to the harbor and shall develop
and write requests for state/federal grants of harbor related marine
projects, and shall consist of:
a) Five (5) voting members with staggered 3-year terms
9. Land Use Committee – shall write, rewrite and/or amend zoning
and land use ordinances in collaboration with the Planning Board and
shall consist of:
c) Five (5) voting members with staggered 3-year terms
d) Two (2) alternates appointed annually
10. Financial Advisory Committee – shall identify investment objectives,
define risk tolerance, continually monitor the investment process, and
to submit their findings to the Board of Selectmen and shall consist
of:
e) Town Treasurer and Finance Director shall be permanent advisory members
f) Three (3) voting members with staggered 3-year terms
C. Ad Hoc or temporary committees as needed
D. Compensation and budgets -- shall be determined at the Annual Town
Meeting.
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ARTICLE VI: SCHOOL ADMINISTRATION
Section 6.01 School Committee
A. The Lincolnville School shall be administered under the control of
the Lincolnville School Committee.
B. The School Committee shall be governed by Title 20-A, M.R.S.A. Sections
2301 - 2305, and by other pertinent provisions of state law.
C. The number of members on the School Committee may be changed by the
legislative body of the Town.
D. There shall be a School Committee consisting of five (5) members
elected for staggered 3-year terms. See Section 5.04 (A) (2) (b)
E. The Chairman shall be elected at the Committee’s first regular
meeting after the adjournment of the Annual Town Meeting.
Section 6.02 CSD
A. Two (2) Lincolnville citizens shall be elected to the Five Town Community
School District (CSD) for staggered 3-year terms. See Section 5.04 (A)
(2) (d)
Section 6.03 School Fiscal Year
A. The school fiscal year shall run from July 1 to June 30.
B. A proposed school budget shall be submitted to the Budget Committee
for their recommendation.
C. The School Committee shall prepare the school budget.
D. The School Budget shall be included in the Town Warrant for a vote
at the Annual Town Meeting.
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ARTICLE VII: FINANCIAL PROCEDURES
Section 7.01 Fiscal Year
The fiscal year of the Town of Lincolnville shall begin on the first
day of July and end on the last day of June.
Section 7.02 Budget Committee
A. Composition – The Budget Committee shall be composed of nine
(9) members, each of whom shall be elected by the registered voters
of the entire town.
B. Eligibility – Only registered voters of the town shall be eligible
to hold the office of Budget Committee member.
C. Election – At each regular municipal election Budget Committee
members shall be elected to fill the positions of those whose terms
expire.
D. Terms – Budget Committee members shall be elected to serve
staggered three-year terms. See Section 5.04 (A) (2) (c).
E. Responsibility –
g) The Budget Committee shall have the responsibility of reviewing and
evaluating both the Town budget and School budget.
h) The Budget Committee shall aid the Municipal Officers in determining
recommended expenditure.
i) The Budget Committee shall aid the School Committee in determining
recommended expenditures.
j) The Chairman of the Budget Committee shall have the responsibility
of chairing all Budget Committee meetings, including those meetings
held with the Board of Selectmen, School Committee and the Town.
k) The Budget Committee shall handle all requests from provider agencies
and determine the amounts to recommend for expenditures.
F. Meeting Requirements –
1. In the month of August of each year, the Budget Committee shall meet
to elect a Chairman, Vice-chairman, and Secretary.
2. Before the budget process begins, the Chairman shall call an orientation
meeting devoted to procedures and responsibilities, scheduling, and
reviewing budget follow-up reports from the Town Administrator and the
Superintendent.
3. All Budget Committee meetings shall be open to the public and notice
posted.
4. The Chairman of the Budget Committee shall call a meeting with the
Town Administrator and Selectmen for a formal review of the Town Budget
in the month of March.
5. The Chairman of the Budget Committee shall call a meeting with the
Superintendent and School Committee for a formal review of the School
Budget in the month of April.
6. The Chairman of the Budget Committee shall hold a public hearing
no later than April 30th, at which both the Board of Selectmen and the
School Committee shall present and review their respective budgets.
7. The Budget Committee shall make recommendations to the Town on proposed
expenditures at a public budget hearing in the month of May.
G. Recommendations –
1. The Budget Committee shall make recommendations to the Board of Selectmen
on proposed expenditures.
2. The Budget Committee shall make recommendations to the School Committee
on proposed expenditures.
3. The Budget Committee shall give a recommendation on all articles
requesting an appropriation of money. The article on the warrant involving
the appropriation of money must include a printed recommendation by
the Budget Committee, Municipal Officers and/or School Committee.
Section 7.03 Town Budget
A. The Town Budget shall provide a complete financial plan of all Town
and Town Administration funds and activities for the ensuing fiscal
year, and, except as required by this Charter, shall be in such form
as the Town Administrator deems desirable or the Board of Selectmen
may require.
B. Budget Organization -- The Town Administrator shall utilize the most
feasible combination of expenditure classifications by fund, organization
unit, program, purpose or activities and object.
C. Finance Director – The Finance Director shall assist the Town
Administrator in the Budget preparation and other financial matters
as directed by the Board of Selectmen.
D. Budget Preparation
1. No later than the first Board of Selectmen’s meeting in March,
the Town Administrator shall submit to the Board of Selectmen a budget
for the ensuing fiscal year, and an accompanying message.
2. The Town Administrator’s message shall explain the budget in
fiscal terms, describe the more important features of the expenditures
and revenues together with the reasons for such changes, summarize the
Town’s debt position, and include such other material as the Board
of Selectmen deems desirable.
3. The budget prepared by the Town Administrator shall be reviewed by
the Board of Selectmen which shall approve such proposed budget, with
or without amendment, prior to a formal meeting with the Budget Committee.
4. The Town Administrator and Board of Selectmen shall meet with the
Budget Committee for a formal review of the Town Budget in the month
of March. See Section 7.02, (F) (4).
E. The Gross Town Budget shall show:
1. All estimated income that includes property taxes as well as non-property
tax revenues and all proposed expenditures for current operations during
the ensuing fiscal year in detail by office, departments and agencies
in terms of their respective work programs, and the method of financing
such expenditures.
2. Debt service, and proposed capital expenditures during the ensuing
fiscal year detailed by offices, departments and agencies when practical,
and the proposed methods of financing such expenditures.
3. Data arranged to show comparative budget figures for the estimated
income and expenditures for the fiscal year in progress, the comparative
actual income and expenditures for the most recently completed fiscal
year, and the proposed income and expense budget for the ensuing fiscal
year.
4. The best estimate of the anticipated change in Town Assessed Valuation
from the prior year, as provided by the Assessor’s Agent.
Section 7.04 School Budget
A. The School Budget shall provide a complete financial plan of all
School Administration funds and activities for the ensuing fiscal year,
and, except as required by this Charter, shall be in such form as the
Superintendent deems desirable or the School Committee may require.
B. Budget Organization -- The Superintendent shall utilize the most
feasible combination of expenditure classifications by fund, organization
unit, program, purpose or activities and object.
C. School Budget Preparation
1. The School Committee is responsible for the preparation and presentation
of the School Budget.
2. The School Budget shall be reviewed and revised, in preparation for
its inclusion in the Town Warrant and vote at the Annual Town Meeting,
in accordance with Section 7.02, F (5) and (6)
D. The Gross School Budget shall show:
1. All estimated income and all proposed expenditures for current operations
during the ensuing fiscal year in detail by office, departments and
agencies in terms of their respective work programs, and the method
of financing such expenditures.
2. Debt service, and proposed capital expenditures during the ensuing
fiscal year detailed by offices, departments and agencies when practical,
and the proposed methods of financing such expenditures.
3. Data arranged to show comparative budget figures for the estimated
income and expenditures for the fiscal year in progress, the comparative
actual income and expenditures for the most recently completed fiscal
year, and the proposed income and expenditures for the ensuing fiscal
year.
Section 7.05 Town and School Budget Submissions and Budget Message
A. A proposed budget and budget message, both by the Board of Selectmen
and the School Committee, shall be presented for review at a public
hearing
B. The budget messages from the Town Administrator and Superintendent
shall explain the budgets in fiscal terms and in terms of the work programs.
It shall outline the proposed financial policies of the town and school
for the ensuing fiscal year, describe the important features of the
budgets, indicate any major changes from the current year in financial
policies, expenditures, and revenues together with the reasons for such
changes, summarize the town’s debt position and include such other
materials as the Selectmen and school committee deem desirable.
Section 7.06 Budget Follow-up
Following the close of the fiscal year and no later than October 31,
the Town Administrator and the School Superintendent respectively shall
furnish to the Chairman of the Budget Committee a copy of the estimated
income and proposed expenditures as compared with the actual for each
in order to facilitate the preparation and review of the next fiscal
year’s budget. The formats shall be the same as those described
in Section 7.03 and 7.04.
Section 7.07 Preparation of Warrants
The Board of Selectmen shall determine the procedure for preparing warrants
and writing corresponding checks for payment of Town expenses. No checks
shall be signed until the warrants are approved and signed by the Board
of Selectmen.
Section 7.08 Payment of Town Taxes
A. Town taxpayers shall be permitted to pay their real estate taxes
in two (2) installments.
1. Tax bills for the total taxes due shall be issued no later than August
31 each year.
2. One half (50%) the total amount of real estate taxes shall be due
in October on a date to be specified by the Board of Selectmen.
3. One half (50%) the total amount of real estate taxes shall be due
in April on a date to be specified by the Board of Selectmen.
B. A postcard shall be mailed to the taxpayers in February of each year
as a reminder of outstanding taxes due.
C. The Annual Town Meeting shall establish the amount of interest to
be charged for delinquent tax payments.
Section 7.09 Budget Amendments After Adoption
A. Modification of Appropriations -- If at any time during the fiscal
year it appears probable to the Town Administrator that the revenues
available will be insufficient to meet the amount appropriated, the
Town Administrator shall report to the Board of Selectmen without delay,
indicating the estimated amount of the deficit, any remedial action
taken by him, and his recommendations as to any other steps to be taken.
The Board of Selectmen shall then take any further action as it deems
necessary to prevent or minimize any deficit.
B. Transfer of Appropriations -- The Board of Selectmen may call a Special
Town Meeting to consider and vote on the transfer of part or all of
any unencumbered appropriations balance from one appropriation to another.
Section 7.10 Lapse of Appropriations
A. General fund appropriations, except appropriations for a capital
expenditure, grant funds not completely expended for a project, and
funds allotted for projects not completed by fiscal year end, shall
lapse at the close of the fiscal year to the extent that they have not
been expended or encumbered, or except as prohibited by law or prior
agreement, or unless the Town legislative body has granted specific
authority to continue in force an appropriation for other than a capital
expenditure.
B. Lapsed funds shall be transferred to a Fund Balance Account.
C. An appropriation for a capital expenditure shall continue in force
until the purpose for which it was made has been accomplished or abandoned.
Section 7.11 Annual Post-Audit
The Board of Selectmen shall provide for an annual post-audit of the
prior fiscal year municipal finances by an individual or firm.
Section 7.12 Administration of the Budget
The Board of Selectmen shall decide the procedures for administering
the budget.
Section 7.13 Financial Public Records
A. Copies of the budget and the capital program as adopted by the Board
of Selectmen, School Committee, and Budget Committee shall be public
record and shall be made available to the public.
B. Town Warrant – The Town Warrant shall contain the total budgeted
revenues and expenditures for the two previous years, together with
(under each article requiring an appropriation) the recommendation for
the ensuing fiscal year of the School Committee or Board of Selectmen
(as appropriate) and of the Budget Committee.
Section 7.14 Bid Procedure
In those cases where the scope of work or services to be performed for
the Town or the School shall require an expenditure of $8000.00 or more,
the following guidelines shall be followed:
A. A clear statement defining the required scope of services or specifications
of the work to be performed shall be provided to the potential bidders
along with notice as to where the bid forms may be picked up.
B. The manner of which the bids are to be submitted, when they shall
be due in the Town Office or Superintendent Office as appropriate, and
when the bids are to be opened shall be clearly stated.
C. Requests for bids shall be advertised in the local papers. Such advertisements
should include the statement that “the Selectmen reserve the right
to accept or reject any or all bids.”
Section 7.15 Tax Anticipation Borrowing Guidelines
In the event that the Town of Lincolnville finds it necessary to borrow
money in anticipation of taxes, the following guidelines shall be followed:
A. Invitations to bid shall be extended to three or more banks at the
same time
B. Invitations shall be dated and delivered to the invited banks on
a timely basis prior to the bid opening and awarding of the bid
C. Invitation to bid shall specify the maximum amount to be borrowed
D. The method of borrowing shall be clearly defined; i.e., as needed
or lump sum
E. Invitation shall specify planned maturity dates of said notes, and
may require the option to prepay
F. Invitation shall show estimated planned borrowing and repayment schedule.
(Does not apply if borrowing is on a lump sum basis.)
G. Invitation shall state the date, time and place bids are due, and
shall indicate date the bids will be opened and awarded
H. Invitation shall inform bidders of the Town’s right to accept
or reject any or all bids
I. Bidder shall be asked to submit interest rates in multiples of one-hundredth
(1/100) of one percent (1%)
J. The Town must specify the method in which interest shall be calculated;
i.e., actual number of days outstanding over a 365- day period
Section 7.16 Town Clerk’s Fees
Pursuant to Title 30-A, Section 2652, any and all fees which would normally
accrue to the Town Clerk shall accrue directly to the Town of Lincolnville.
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ARTICLE VIII: ELECTIONS
Section 8.01 Town Elections
The procedure for election of officers shall be as follows:
A. The nomination for any elected office shall be made by nomination
papers signed by not less than twenty-five (25) nor more than a hundred
(100) persons registered to vote in Lincolnville. Nomination papers
shall be made available by the Town Clerk to prospective candidates
during the 40 days prior to the final date of filing, and before issuance,
the Town Clerk may complete each sheet by filling in the name of the
candidate, the title and term of office which is being sought.
B. Each voter who signs a nomination paper shall add his place of residence
with the street and number, if any. He may subscribe to only as many
nomination papers for each office as there are vacancies to be filled.
C. The Municipal Officers may designate a shorter time period for the
filing of nomination papers but not less than forty (40) days prior
to the election. Notice of this designation shall be posted and local
representatives of the media shall be notified of the designation.
D. The names of candidates nominated and the office for which they are
nominated shall be attested by the Clerk and posted at least seven (7)
days prior to the date designated for election in at least two public
places and a newspaper of local circulation.
E. The election of officials shall take place during the secret ballot
portion of the Annual Town Meeting.
F. Order of Candidates’ Surnames – Where two or more candidates
have been nominated for any office, the names of such candidates shall
appear on the ballot in alphabetical order by surname.
G. Determination of Election Results
1. Number of Votes: Every voter shall be entitled to vote for as many
candidates as there are vacancies to be filled.
2. Plurality: Election shall be determined by plurality vote. In case
of a tie vote, there shall be another election in which ballots shall
be cast in accordance with the procedures set forth in Title 30-A, M.R.S.A.,
Section 2528 (10).
3. Write-in Candidates: A write-in candidate shall be elected by plurality
vote, provided that such write-in candidate shall receive a minimum
of five (5) votes. Any write-in candidate receiving fewer that five
votes shall not be considered elected.
H. Ballots for Ordinances – An ordinance to be voted on by secret
ballot shall be presented for voting by ballot title. The ballot title
of a measure may differ from its legal title but shall be a clear, concise
statement describing the substance of the measure without argument or
prejudice.
I. Conformity with State Law – To the extent that provisions concerning
elections are not otherwise set forth in this Charter, provisions relating
to elections shall conform with the requirements of Title 30-A, M.R.S.A.,
Section 2528.
Section 8.02 Terms for Elected or Appointed Officials
A. The term of any elected official shall begin the day after the final
day of adjournment of the Annual Town Meeting.
B. The term of any appointed official shall begin no later than the
second business day following the appointment of said official.
C. Any official shall serve for his prescribed term or until a successor
is elected or appointed.
Section 8.03 Swearing in of Officials
Every town official shall be sworn to the faithful discharge of the
duties incumbent upon him according to the Constitution and laws of
the State of Maine and the Charter and ordinances of the Town of Lincolnville
and shall be sworn to support the Constitution of the United States
of America and the Constitution of the State of Maine.
Section 8.04 Elections
In the event that any election procedure is not expressly stated in
this Charter, such election procedure shall conform to the requirements
set forth in Title 30-A Maine Revised Statutes §2528, as that statute
may from time to time be amended.
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ARTICLE IX: GENERAL PROVISIONS
Section 9.01 Town Meeting
Town Meetings may be called by order of the Selectmen or by citizen’s
petition, in accordance with the provisions of Title 30-A, M.R.S.A.,
Section 2521 (4).
Section 9.02 Initiative and Referendum
The powers of initiative and referendum are hereby reserved to the voters
of the town.
A. Definition:
1. Initiative guarantees the right by which citizens can propose a law
by petition and ensure its submission to the electorate.
2. Referendum is the actual submission of a proposed public measure
or ordinance to a direct popular vote.
B. Procedure:
1. The details of procedure by which both of these rights are fulfilled
are described in Title 30-A, M.R.S.A., Section 2522 for initiative and
Section 2528(5) for referendum.
2. Nothing in this Charter shall be construed to diminish the rights
granted by law.
Section 9.03 Conflicts of Interest
A. Conflicts of Interest -- The use of public office for private gain
is prohibited. Regulations to this end shall include the following:
1. Acting in an official capacity on matters in which the official has
a private or financial interest clearly separate from that of the general
public
2. The acceptance of gifts and other things of value
3. Acting in a private capacity on matters dealt with as a public official
4. The use of confidential information
5. Making appearances by town officials before other town agencies on
behalf of private interests.
6. Officials shall provide reasonable public disclosure of interest
in any question, issue or contract with which they have decision-making
authority over monetary expenditures and contractual matters. (Ref.
M.R.S.A., Title 30-A, Section 2605)
Section 9.04 Prohibitions
A. Activities Prohibited
1. No appointed official or employee shall be removed from office or
discharged without notice and the opportunity to request a hearing.
Notice of such hearing shall be published in one or more newspapers
of general circulation in the town at least one week in advance of the
hearing.
2. No person shall in any way be favored or discriminated against with
respect to any town position or appointive town administrative office
because of race, gender, age, handicap, country of origin, sexual preference,
political or religious opinions or affiliations.
3. No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test certification or appointment
under the personnel provisions of this charter or the rules and regulation
made there-under, or in any manner commit or attempt to commit any fraud
preventing the impartial execution of such provisions, rules and regulations.
4. No person shall directly or indirectly give, pay, render, offer,
solicit or accept any money, service or other valuable consideration
for any appointment, proposed appointment, promotion or proposed promotion
to, or any advantage in, a position in the municipal service.
5. Nothing herein contained shall affect the right of any person to
hold membership in, and support, a political party, to vote as he chooses,
to express privately and publicly his opinions on all political subjects
and candidates, to maintain political neutrality and to attend political
meetings.
B. Penalties – If any person elected, appointed or in the employ
of the Town of Lincolnville should be found to have violated any provision
of Section 9.04 (A) by the appointing body, he may be removed or reprimanded
as deemed necessary by the appointing body, after notice and hearing.
Section 9.05 Recall
Any elected official may be recalled and removed by the voters of the
Town as herein provided.
A. Procedure for Filing Petition.
1. Any voter may submit an affidavit with the signatures of five (5)
or more registered voters of the Town and file that affidavit with the
Town Clerk in order to seek the removal of any elected official of the
Town provided that such affidavit shall contain the following information:
a) The name and address of the five or more registered voters.
b) The address to which all notices are to be sent from the Town Clerk
to the person submitting the petition.
c) The name and address of the elected official whose removal is sought.
d) A detailed statement of the reasons why the removal of that elected
official is sought.
2. Upon receipt of the affidavit, in proper form, the Town Clerk shall
thereupon within five days deliver to the person submitting such affidavit,
copies of petition blanks (printed forms of which shall be kept on hand
for that purpose). Such blanks shall be issued by the Town Clerk with
the Town Clerk’s signature and official seal thereto attached;
they shall be dated and addressed to the Board of Selectmen, shall contain
the name of the persons to whom issued, the number of blanks shall be
issued and circulated for each official whose removal is sought. A copy
of the petition shall be entered in a record book to be kept in the
office of the Town Clerk.
3. The recall petition, to be effective, must be returned and filed
with the Town Clerk within thirty (30) calendar days after the filing
of the affidavit.
4. The petition, upon being returned and filed, shall contain the signatures
of no less than twenty (20) percent of the voters of the municipality
voting in the last gubernatorial election.
5. The petition, to be valid, must also contain the following information:
a) The name and address of the elected official whose removal is sought
by the petition
b) The name and address of the five registered voters who commenced
the circulation of the petition
c) A detailed statement of the reason why the removal from office is
sought by the petitioners
B. Signatures to Petitions.
1. The signatures to petitions need not all be affixed to one petition,
but to each separate petition there shall be attached an affidavit of
the circulator thereof stating that the circulator, and they only, personally
circulated the foregoing paper; that it bears a stated number of signatures;
that each signature appended thereto was made in the circulator’s
presence and is to the best of the circulator’s knowledge and
belief the genuine signature of the person whose name it purports to
be.
2. With each signature shall be stated the same name printed, the place
of residence of the signer, giving the street and number or other description
sufficient to identify the same.
C. Filing, Examination and Certification of Recall Petitions.
1. All petition papers comprising a recall petition shall be assembled
and filed with the Town Clerk as one instrument.
2. Within ten (10) working days after a petition is filed, the Town
Clerk shall determine whether each paper of the petition has a proper
statement of the circulator and whether the petition is signed by a
sufficient number of qualified voters. The Town Clerk shall declare
any petition paper entirely invalid which does not have attached thereto
an affidavit signed by the circulator thereof.
3. If a petition paper is found to be signed by fewer persons than the
number certified, the signatures shall be accepted, unless void on other
grounds.
4. If the Town Clerk’s certificate shows the petition to be insufficient,
the Town Clerk shall forthwith so notify in writing one or more of the
persons designated on the petition as filing the same; and the petition
may be amended at any time within the five (5) day after the giving
of the notice of a supplementary petition upon additional papers, issued,
signed and filed as provided herein for the original petition.
5. The Town Clerk shall, within ten (10) working days after such amendment,
make like examination of the amended petition, and attach thereto the
certificate of the result. If then found to be insufficient, or if no
timely amendment was made, the Town Clerk shall file the petition in
the Town Clerk’s office and shall notify each of the persons,
designated thereon as filing it, of that fact.
6. The final finding of insufficiency of a petition shall not prejudice
the filing of a new petition for the same purpose. After completing
examination of the petition, the Town Clerk shall certify the result
thereof to the Board of Selectmen at its next regular meeting. If the
Town Clerk shall certify that the petition is insufficient, the particulars
in which it is defective shall be set forth in the certificate.
D. Calling of recall election.
1. If the petition or amended petition shall be certified by the Town
Clerk to be sufficient, the Town Clerk shall submit the same with the
certificate to the Board of Selectmen at its next meeting and shall
notify the member or members whose removal is sought of such action.
2. The Board of Selectmen shall at such meeting order an election to
be held not less than thirty (30) nor more than sixty (60) days after
the Selectmen meeting; provided that, if the date set for the special
election shall fall within four (4) months of the next regular or state
or municipal election, no such special election shall be called and
the question shall be submitted at the regular election.
E. Form of ballot in recall election.
1. Unless the member or members whose removal is sought shall have resigned
before the receipt by the Board of Selectmen of the Town Clerk’s
certificate, the form of the ballot at such election shall be as nearly
as may be: “Shall “A” be recalled? Shall “B”
be recalled?” etc., (the name of the member or members whose recall
is sought being inserted in place of “A”, “B”,
etc.)
2. In case of a majority of those voting for and against the recall
of any official shall vote in favor of the recall, such official shall
be thereby removed, provided however that the total number of votes
cast equal or exceed 40% of the votes cast in the last gubernatorial
election.
3. Any such vacancy shall be filled at the next scheduled regular or
special election. Should the Board of Selectmen by vote deem it in the
best interest of the Town to fill such vacancy before the next scheduled
election, then the vacancy shall be filled within sixty (60) days by
a special election called by the Board for that purpose.
F. Procedure on refusal of Board of Selectmen.
1. In the event the Board of Selectmen fails or refuses to order a recall
election, pursuant to the provisions set forth in this Section 9.05,
then such election may be ordered by any Justice of the Superior Court,
upon complaint to the Superior Court by any registered voter of the
Town, such complaint shall be filed pursuant to Rule 80-B of the Maine
Rules of Civil Procedure and in accordance with the time limits for
filing of such complaint set forth in Rule 80-B.
Section 9.06 Bonds
The Board of Selectmen shall require a bond by a reputable surety company,
or other acceptable sureties satisfactory to the Board, from all persons
trusted with the collection, custody or disbursement of any monies of
the Town. The Town, however, shall pay the costs of providing such bonds.
Section 9.07 Public Records
A. Public records shall be made available to the public at the Town
Office.
B. The records of all Town officials, whether elected or appointed,
shall remain in the Town Office or other secure facility as directed
by the Board of Selectmen, and be made available for examination, by
appointment, to the public. In order to insure availability, the town
office shall be open during specified times, such times to be determined
by the Board of Selectmen in conjunction with the Town Clerk and posted
in a public place.
Section 9.08 Investigations
The Board of Selectmen, or authorized committees, or commissions of
its own members, or of citizens appointed by the Board of Selectmen
may make investigation into the affairs of the town and the conduct
of any town department, office, official, employee or agency.
Section 9.09 Separability
If any provision of this Charter is held invalid, the other provisions
of the Charter shall not be affected thereby. If an application of the
Charter or any of its provisions to any person or circumstance is held
invalid, the application of the Charter and its provisions to other
persons or circumstances shall not be affected thereby.
Section 9.10 Statutory References
All references to statutes incorporating statutory language
are intended to incorporate the language of that statute as it existed
as of the date of adoption of this Charter, and any amendments thereto.
Section 9.11 Gender Neutral
Wherever required by the context in this Charter, the use of the masculine
shall include the feminine, the feminine shall include the masculine,
and the use of the singular and the plural shall be interchangeable.
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ARTICLE X: CHARTER AMENDMENTS
Section 10.01 Charter Amendments
Amendments to the Charter, which may be appropriate due to changed circumstances,
may be initiated either by the municipal officers, or by the voters
of the Town. Procedures are outlined
in Title 30-A, M.R.S.A., Section 2104 and 2105.
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ARTICLE XI: TRANSITIONAL PROVISIONS
Section 11.01 Effective Date
After adoption of this Charter by the voters in conformity with Title
30-A, M.R.S.A., Section 2105 (4) (A), this Charter shall become effective
on July 1, 2003, which is the first day of the next succeeding municipal
year; provided, however, that this Charter shall become effective immediately
for the purposes of conducting any elections required by this Charter
(Title 30-A, M.R.S.A., Section 2105 (4) (A).
Section 11.02 Budget Committee
All members serving on the Budget Committee at the effective date of
this Charter shall continue to hold office until their prescribed term
expires and their successors are elected and qualified.
Section 11.03 Temporary Ordinances
All existing codes, ordinances, and policies will remain in effect until
altered, amended, or rescinded except where these codes, ordinances,
and policies are inconsistent with this Charter.
Section 11.04 Officials, Employees, and Board Members
A. Continuance of Office or Employment
1. Except as specifically provided by this Chapter, if at the time this
Charter takes full effect a Town official or employee holds any office
or position which is abolished by or under this Charter, he shall continue
in such office or position until the taking effect of some specific
provision under this Charter directing that he vacate the office or
position or until his term of office expires or is terminated..
2. All established boards and committees not inconsistent with this
Charter shall continue in effect until changed by action of the Board
of Selectmen, and the incumbent members shall serve their appointed
terms or until replaced.
Section 11.05 Departments, Offices, and Agencies
A. Transfer of Powers
If a department, office or agency is abolished by or under this Charter,
the powers and duties given it by law shall be transferred to the Town
department, office or agency designated in this Charter, or if the Charter
makes no provision, designated by the Board of Selectmen.
B. Property and Records
All property, records and equipment of any department, office or agency
existing when this Charter is adopted shall be transferred to the department,
office or agency assuming its powers and duties; but, in the event that
the powers or duties are to be discontinued or divided between units,
or in the event that any conflict arises regarding a transfer, such
property, records or equipment shall be transferred to one or more departments,
offices or agencies designated by the Board of Selectmen in accordance
with this Charter.
Section 11.06 Pending Matters
All rights, claims, actions, orders, contracts and legal or administrative
proceedings shall continue except as modified pursuant to the provisions
of this Charter and in each case shall be maintained, carried on or
dealt with by the Town department, office or agency appropriate under
this Charter,
Section 11.07 State and Municipal Laws
All Town ordinances, resolutions, orders and regulations which are in
force when this Charter becomes fully effective are repealed to the
extent that they are inconsistent or interfere with the effective operation
of this Charter or of ordinances or resolutions adopted pursuant thereto.
To the extent that the Constitution and laws of the State of Maine permit,
all laws relating to or affecting this Town or its agencies, officials
or employees which are in force when this Charter becomes fully effective
are superseded to the extent that they are inconsistent
or interfere with the effective operation of this Charter or of ordinances
or resolutions adopted pursuant thereto.
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GLOSSARY
Assessor Board of Selectmen
Assessor’s Agent An Assessor certified by the
State of Maine
Boards Decision-making or administrative bodies of
the Town, such as Board of Selectmen, Planning Board, and Board of Appeals.
Capital Expenditure/Program Investment in long-term
or permanent assets.
Charter A document defining the home rule powers of
the Town, granted to the municipalities by the Constitution and laws
of the State of Maine.
Comprehensive Plan A community development plan for
the continuing development of the municipality. The plan includes maps,
charts, and textual matter. The basic comprehensive plan has the following
elements: a statement of objectives; a plan for land use; a plan for
community facilities and utilities; and a map indicating the relationship
of the proposed developments to areas in the municipality. The comprehensive
plan includes the data and information as set forth in Title 30-A M.R.S.A.
§4326.
Ensuing Year The fiscal year subsequent to the current
fiscal year.
Fiscal Year The year with reference to accounting for
finances and financial matters.
Legislative Body Registered voters of the Town.
Moderator The presiding official at a Town Meeting.
MRSA Maine Revised Statutes Annotated.
Municipality Town of Lincolnville.
Municipal Officers Board of Selectmen.
Municipal Official Any elected or appointed member
of municipal government.
Municipal Year Town’s fiscal year.
Overseers of the Poor Board of Selectmen acting as
Overseers of the Poor.
Petition Document with sufficient signatures by statute
that requires submission of an issue to the voters of the Town.
Qualified Voter Any person qualified and registered
to vote under law in the Town of Lincolnville
Quorum A minimum number of members to constitute a
legal body to conduct business.
Resident A person occupying a residence within the
Town with intent to make that place his permanent home.
Secret Ballot A secret ballot within the meaning of
Title 30-A MRSA 2528.
Staggered Terms Terms of office which are arranged
so that such terms shall expire in different years; the purpose of staggered
terms being continuity of office. Except as otherwise stated in this
Charter, a staggered three year term shall mean election or appointment
of two members in the first year, two members in the second year, and
one member in the third year of each three-year interval.
Surety A guarantee of performance, payment or other
obligation.
Town Town of Lincolnville.
Warrant A document stating the time and place of the
meeting and, in distinct articles, the business to be acted on at the
meeting.
Enacted March, 1985
Repealed 07-01-1990
Amended 11-08-1994
Amended 01-01-1995
Amended 01-29-2002
Amended 11-05-2003
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Here are those links again...
ARTICLE I: GRANT OF POWERS
ARTICLE II: LEGISLATION
ARTICLE III: BOARD OF SELECTMEN
ARTICLE IV: TOWN ADMINISTRATOR
ARTICLE V: ADMINISTRATIVE ORGANIZATION
ARTICLE VI: SCHOOL ADMINISTRATION
ARTICLE VII: FINANCIAL PROCEDURES
ARTICLE VIII: ELECTIONS
ARTICLE IX: GENERAL PROVISIONS
ARTICLE X: CHARTER AMENDMENTS
ARTICLE XI: TRANSITIONAL PROVISIONS
GLOSSARY
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