MUNICIPAL
CHARTER
OF
THE TOWN OF ASHLAND, MAINE
Ratified at Annual Town Meeting
March 25, 1935
Includes Charter Amendments
Through
October 1, 2002
H. P. 1196 House of Representatives, February 6, 1935
Reported by Mr. Chase from Committee on Legal Affairs and laid on table to be printed under joint rules.
HARVEY R. PEASE, Clerk.
New Draft of H. P. 63, L.D. 21
_____
THIRTY-FIVE
AN ACT to Provide a Town Council and Manager Form of Government for the Town of Ashland, in the County of Aroostook
Be it enacted by the People of the State of Maine, as follows:
Sec. 1. Date of town meetings. On and after the passage of this act and its adoption by the town as hereinafter provided, annual town meetings shall be held in the town of Ashland, in the County of Aroostook, on the 3rd Monday of March in each year, and the voters shall then choose by ballot, as now provided by law, a moderator.
Sec. 2. Election of officers. At such meetings the voters shall choose by ballot a member or members of the council as hereinafter provided, who shall be inhabitants of the town, a town clerk, an auditor or accounts, and a member of the superintending school committee to serve for 3 years. The present members of the superintending school committee shall serve until the expiration of their present terms, and during the balance of their respective terms of office, together with the new member or members chosen in accordance with this act, shall constitute the superintending school committee of said town until all members of said committee shall have been chosen hereunder.
At the 1st meeting held under the provisions of this act, 5 councillors shall be chosen , as follows: 2 for the term of 1 year, 2 for the term of 2 years, and 1 for the term of 3 years, who shall constitute the council; and thereafter at each of said annual meetings 2 councillors shall be chosen as herein provided, each for a term of 3 years, provided however that in each 3rd year but 1 councillor shall be chosen, [1]and provided further that vacancies in the office of councillor, due to death, resignation or for any other reason provided by law, may be filled by appointment by the remaining councilors within 30 days. The term of the appointment shall expire at the next annual election, at which time the vacancy shall be filled by election for the remaining expired term. In the event an appointment is not made within the first 30 days, the vacancy shall be filled by special election, held not later than 30 days thereafter.
The council shall select annually a town treasurer and a tax collector; and once in 3 years a health officer, subject to the approval of the commissioner of health and welfare as now provided by general law; and when a vacancy exists, shall select a town manager, with the duties hereinafter defined, for a term not to exceed 3 years. Except as hereinafter provided, all other necessary town officers provided by this act or now or hereafter provided under any statute or by-law shall be appointed by the town manager, subject to approval by a majority of the council; except that a plumbing inspector or inspectors shall be appointed by the health officer for a term of 1 year subject to approval of the commissioner of health and welfare as now provided by general law. [2]The Office of Town Clerk shall be an appointed Office rather than an elective Office.
Sec. 3. Councillors serve exofficio as certain officers. The councillors provided for in section 2 shall serve instead of selectmen, overseers of the poor, and assessors of taxes, provided for by general statutes and shall have the same powers and be subject to the same duties.
Sec. 4. Organization meeting. The council elected as herein provided shall meet within 24 hours after its election and shall choose by ballot 1 of its members to be chairman, and shall appoint a secretary, and an affidavit of such choice of chairman with the appointment of secretary, signed by a majority of the council, shall be recorded by the town clerk in the records of said town and thereafter records shall be kept of all the doings of said council. Said records shall be public records and shall be open at all times to the inspection of any citizen of said town.
Sec. 5. Duties of council; school committee. Said council elected as herein provided, shall serve instead of board of road commissioners, road commissioner or road commissioners as provided for by general statutes and shall have the same powers in relation to repairs of bridges, roads and sidewalks of said town, as boards of road commissioners, road commissioner or commissioners and municipal officers have under general statutes, and be subject to the same duties in relation thereto. The superintending school committee, constituted or elected as herein provided, shall have the same powers in relation to the schools of said town as now provided by statute and shall be subject to the same duties in relation thereto. [3]The Ashland Area Community School District created. [4] Voted to suspend Ashland Area Community School District and organize a School Administrative District. [5]The election of School Directors moved from March of each year to November of each year, and to allow those elected to be seated in their position the following January. The council shall meet once each month at such times as it may designate in its organization meeting provided for in section 4, and 3 members of said council shall constitute a quorum for the transaction of business. Special meetings of said council may be called by the chairman of said council or by a majority of all the members of said council. Notice of such special meeting shall be mailed to, served upon or left at the usual dwelling place of each councillor and the town manager at least 24 hours before such meeting.
Sec. 6. Compensation. Each councillor shall receive $1 per diem payment when actually engaged in the performance of his duty as councillor, and his actual and necessary expenses incurred in the performance of his duties outside of such meetings, these expenses to be paid by the town treasurer. [6] Each councilor shall receive a per diem payment when actually engaged in the performance of his duty as councilor, and his actual expenses when incurred in the performance of his duties outside of such meetings. The amount of payment to be established by town meeting vote and paid by the town treasurer prior to the end of the town’s fiscal year.
Sec. 7. Town manager. Said councillors shall by ballot by a majority vote, not later than the 3rd regular meeting of said council, after said organization meeting, appoint a town manager, said office of town manager being hereby created, who shall not be a member of said council. Said councillors as overseers of the poor, as herein provided, may authorize the town manager, at the time of his appointment aforesaid, or at any time thereafter, to be clerk or agent for them as said overseers of the poor, to sign and send the written notices and the written answers referred to in sections 31 and 32 of chapter 33 of the revised statutes, and acts additional thereto, and amendatory thereof. Any such written notices and written answers shall have the same effect as if signed and sent by the members of the council, as overseers of the poor, themselves. Such town manager shall, on and after his appointment as aforesaid, be the superintendent of roads of said town.
[7]Acting Town Manager. During the Town Manager’s temporary absence, disability or suspension, the Town Council by a 2/3 vote of the full membership, may designate another person to serve as Acting Town Manager.
Sec. 8. Special power of council. At any regular meeting, the council may vote to combine the offices of collector of taxes and town manager.
Sec. 9. Terms of town officers. All appointed officers and boards shall hold office at the pleasure of the appointing power, except that of town manager and health officer, who can only be removed upon written charges and a public hearing before the council upon the question. Previous to the date of removal, but pending such hearing, the council may suspend them from office.
Sec. 10. Powers and duties of town manager. The town manager shall be chosen by the council solely on the basis of his executive and administrative qualifications and his technical knowledge for road construction, preference in making said appointment to be given to a duly qualified civil engineer when possible, and he shall be responsible to the council for the administration of all departments of the town over which the council under this act, and the general statutes has control, and his powers and duties, where not otherwise herein provided, shall be generally as follows:
(a) To see that the laws and ordinances are enforced.
(b) To exercise control over all departments created herein or that may hereafter be created, either by general law or ordinance.
(c) To act as purchasing agent for all departments of the town, except for the school department, and to submit to competitive bids any transaction involving more than $100 if the council so orders.
(d) To attend the meetings of the council, except when his removal is being considered, and recommend for adoption such measures as he may deem expedient.
(e) To keep the council fully advised as to the business, financial condition, and future needs of the town.
(f) To perform such other duties as may be prescribed by the council.
Sec. 11. Duties as purchasing agent. As purchasing agent of said town, the town manager shall purchase all supplies and materials for the town and for the several departments with the exception of the school department, and shall see to the delivery of such supplies and materials to each department, and shall take and file receipts thereof, and all accounts for the purchase of supplies and materials and work performed for said town with the exception of accounts for the school department, shall bear the approval of the town manager when presented to the council for payment.
Sec. 12. Salary. The town manager shall devote his entire time to his said office, and shall receive for his services a rate of compensation to be fixed by the council and actual and necessary expenses incurred in the performance of his duties, to be paid by the town treasurer in monthly payments on the 1st day of every month.
Sec. 13. Officers to be sworn. All town officers elected or appointed shall be sworn by the town clerk to the faithful performance of their respective offices.
Sec. 14. Compensation of officers. When not otherwise provided herein, the compensation and fees of officers of said town shall be fixed by a vote of the council.
Sec. 15. Payments from treasury limited. No money shall be paid out of the town treasury except by order issued and signed by the councilors or their representative authorized for the purpose and presented to the treasurer of said town at the time of payment.
Sec. 16. Bonds of officials. The council of said town shall require a bond with sufficient surety or sureties satisfactory to said council, from all persons trusted with the collection, custody or disbursement of any of the moneys of the said town; and may require such bond from such officials as it may deem advisable.
Sec. 17. Repealing clause. All acts or parts of acts inconsistent herewith in so far as they relate to the town of Ashland, in the county of Aroostook, are hereby repealed, or amended so that they no longer apply to the town of Ashland.
Sec. 18. Ratification. This act shall not become operative until it is ratified by said town of Ashland, at any annual town meeting or at a special town meeting called for that purpose by an appropriate article inserted in the call for said meeting, prior to April 1, 1937. Voting shall be by a check-list and this act when so ratified shall take effect on the 3rd Monday in March next following said ratification. Ratified Annual Town Meeting, March 25, 1935.
[8]Sec. 19. Recall. Any elected municipal official may be recalled and removed from office by the voters of the Town by the following process:
1. Obtaining, circulating and filing recall petitions. Any registered voter of the Town may make and file with the Clerk an affidavit stating the name(s) of the elected municipal official(s) who the voter seeks to remove and including a generalized statement of the reason(s) why the removal is sought. The Clerk must provide that voter copies of petition blanks for such removal, which must be dated, issued with the Clerk’s signature and official seal, and contain the name of the voter to whom the blanks are issued and the number of blanks issued. The Clerk must retain a copy of the petition in a record book available for public inspection.
The petition may be circulated by any number of registered voter(s) of the Town, and the affidavit of reasons for the recall must be attached to each copy of the petition circulated. Those voters signing must add their place of residence in sufficient description to identify the place. The signatures need not all be on one paper; however, each paper may have only one circulator who must make an affidavit that each signature on the paper is genuine and was made in the circulator’s presence. All the recall papers must be filed together as one petition with the endorsements of the names and addresses of three designated as filing the petition. The petition must be signed by at least 10% of the number of registered voters eligible to vote at the preceding regular municipal election. To be effective the petition must be filed with the Clerk within 30 calendar days of filling the affidavit seeking removal, or during the next business day if the time ends on a weekend or holiday.
2. Examination and amendment of recall petitions. The Clerk must review and certify the sufficiency of the petition, other than the sufficiency of the statement of reason(s) given, in the same time and manner as for referenda and initiative petitions.
If the certificate shows the petition insufficient, the Clerk must notify in writing at least one of the persons designated on the petition as filing it. The petition may be amended within 10 calendar days after notice is given by filing a supplemental petition with additional papers completed as required for the original petition. If a timely amendment is filed, the Clerk must complete a similar review and attach a supplemental certificate within 3 business days of the amendment. If the petition remains insufficient, the Clerk must notify all the persons designated as filing it that the petition has failed. Any subsequent action to remove the elected municipal official(s) requires a new petition.
3. Calling recall election. If the petition is certified to be sufficient, the Clerk must submit it and the certificate to the Town Council at its next meeting and give written notice of that fact to the affected elected municipal official(s) and to at least one of the persons designated as filing the petition. At that meeting, unless the official(s) whose removal is sought resigns, the Town Council must order a removal election to be held not less than 30 nor more than 60 days from the date of the meeting; however, if a regular municipal election will occur within 120 days, the Town Council may order the removal election to coincide with the municipal election.
4. Form of ballot in recall election. The form of the ballot at the recall election shall be: “Shall [elected municipal official shown on petition] be recalled?” If a majority of those voting vote in favor of recalling that elected official, that official is removed.
5. Replacement Candidates. If an official is recalled or resigns pursuant to the foregoing process in this Charter or as otherwise provided by law, the vacancy shall be filled in the manner provided.
[1] Amended STM November 7, 2000
[2] Amended ATM March 23, 1977
[3] Amended STM Aug. 15, 1947
[4] Amended STM Nov. 15, 1962
[5] Amended ATM March 16, 1992
[6] Amended ATM March 17, 1986
[7] Amended STM November 7, 2000
[8] Amended STM November 7, 2000
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