Charter commission selection and procedures

| John Salisbury |

By a vote of 1922 to 1580, New Gloucester voters have approved the formation of a charter commission that will develop a proposed town charter. What happens next, and when? 

Here is an outline of the process for selecting members of the charter commission and key charter commission procedures and timelines required under the Maine statutes (Title 30-A section 2103 http://legislature.maine.gov/statutes/30-A/title30-Asec2103.html).

I. Charter Commission Membership:

• 6 members elected by NG voters at the next scheduled regular or special municipal or state election.
• 3 members appointed by the board of selectmen, only one of whom may be a selectman. They need not be residents of the municipality.

II. Charter Commission Procedures:

Commission Organization:

• After the appointed and elected members of the commission are selected, the town clerk is required to give notice of the first meeting of the commission and give at least 7 days’ notice before the meeting.
• The commission selects a chairman, vice chairman, and secretary and files notice of their selection with the town clerk.
• Members of the commission serve with no compensation.
• The commission may adopt regulations governing its procedure.

Staffing & Funding:

• The commission my employ necessary legal, research, clerical or other employees or consultants within its budget.
• The town shall provide the commission at no cost suitable office space and reasonable access to facilities for holding public hearings.
• The commission may receive funds from any source except no funds greater than $5 may be accepted from any source other than the municipality unless the name of the person making a contribution and the amount of the contribution is disclosed in writing and filed with the town clerk.
• The Board of Selectmen shall credit the commission account with $100 and may from time to time appropriate additional funds raised by taxation, borrowed, or taken from surplus.

Hearings, Reports & Time Limits:

• A public hearing must be held within 30 days of the commission’s organizational meeting.  There must be at least 10 days’ notice before the hearing.
• Within 9 months after its election, the commission shall issue a preliminary report including the text of the proposed charter.
• Within 12 months after the election of the charter commission, it is required to submit its final report.
• The report must include the full text and explanation of the proposed charter.
• The report should contain the major differences between the commission’s preliminary report and the final proposal.
• The report may contain any comments the commission considers desirable.
• The report must be accompanied by a written legal opinion that the proposed charter does not contain any provision contrary to the U.S. or Maine Constitutions or the general laws.
• When the final report is filed, the municipal officers shall order the proposed charter to be submitted to the voters at the next regular or special municipal election held at least 35 days after the final report is filed.
• The charter commission shall continue in existence for 30 days after submitting its final report to the municipal officers for the purpose of winding up its affairs.

Whether you voted for or against creating a New Gloucester charter commission, there will be ample opportunity to share your opinion on what provisions should be included in a proposed town charter.

— Prepared by John Salisbury, former Executive Director of the Maine Municipal Association and Vice Chair of New Gloucester Citizens for a Town Charter.