Freeport Maine: Town Charter

2.01 Composition, Eligibility, Election and Terms

(a) Composition There shall be a town council of seven members. Three shall be nominated and elected by the qualified voters of the town at large and one shall be nominated and elected by the qualified voters of each of the four council districts as provided by Article VII.

(b) Eligibility Only qualified voters of the town shall be eligible to hold the office of councilor. District councilors shall reside in the districts from which they have been elected.

(c) Election and Terms Councilors shall be elected to serve staggered three year terms. At each regular municipal election councilors shall be elected to fill the positions of those whose terms expire.

2.02 General Powers and Duties

All powers of the town shall be vested in the council except as otherwise provided by law or this charter. The council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the municipality by law. The council shall be the municipal officers of the town.

2.03 Appointments

The following officials and boards shall be appointed by a majority vote of the members of the town council: town manager, town attorney, board of assessment review, planning board, board of appeals and other boards when such appointment is required by state statute or municipal ordinance. The council may, where appropriate and where not prohibited by law, vest in the town manager all or part of the duties of any office.

2.04 Investigations

The council may make investigations into the affairs of the town and the conduct of any town department, office or agency. For this purpose the council shall enact an ordinance providing for the compulsory attendance of witnesses, the administering of oaths, the taking of testimony and the compulsory production of evidence.

2.05 Judge of Qualifications

The town council shall be the judge of the election and qualifications of its members and for such purposes shall have power to subpoena witnesses and require production of records, but the decision of the council in any such case shall be subject to review by the courts.
2.06 Prohibitions

(a) Holding Other Office: Except where clearly authorized by law, or pursuant to an agreement under the Interlocal Cooperation Act, no councilor shall hold other town office or town employment during the term for which the councilor was elected to the council, and no former councilor shall hold any compensated appointive town office or employment until one year after the expiration of the term for which the councilor was elected to the council.

(b) Appointments and Removals: Neither the council nor any of its members shall in any manner dictate the appointment or removal of any town administrative officials or employees whom the manager or any of the manager’s subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officials and employees.

(c) Interference with Administration: Except for the purpose of inquiries and investigations under Section 2.03, the council or its members shall deal with town officials who are subject to the direction and supervision of the manager, solely through the manager, and neither the council nor its members shall give orders to any such official or employee, either publicly or privately.

2.07 Vacancies: Forfeiture of Office; Filling of Vacancies

(a) Vacancies: The office of councilor shall become vacant upon the councilor’s nonacceptance, resignation, abandonment, death, permanent disability, recall, permanent incompetence, failure to qualify for the office within 10 days after written demand by the council, forfeiture of office or failure of the municipality to elect a person to the office.

(b) Forfeiture of Office: A councilor shall forfeit his or her office if the councilor (1) lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by law; (2) violates any express prohibition of this Charter; (3) is convicted of a crime or offense which is reasonably related to his or her ability to serve as a councilor; or (4) fails to attend three consecutive regular meetings of the council without being excused by the council.

(c) Filling of Vacancies: If a seat in the town council becomes vacant more than 6 months prior to the next regular election, the council shall call a special election to fill the unexpired term within 60 days from the date that the vacancy occurred. If a seat in the council becomes vacant less than 6 months prior to the next regular election, the council may call a special election.

2.08 Compensation; Expenses

The town council may determine the annual salary of the chairperson and councilors by ordinance, but no ordinance increasing such salary shall become effective until the commencement of the terms of councilors elected at the next regular election. Councilors elected in a special election shall be paid on a pro rata basis for the time they shall actually serve. Councilors shall receive their actual and necessary expenses incurred in the performance of their duties of office.

2.09 The Presiding Officer

The council shall elect, from among its members, officers of the town who shall have the titles of chairperson and vice chairperson, each of whom shall serve at the pleasure of the council. The chairperson shall preside at meetings of the council, shall be entitled to vote on all questions and shall be recognized as head of the town government for all ceremonial purposes, and by the Governor for purposes of military law. The vice chairperson shall act as chairperson during the absence or disability of the chairperson. The chairperson and vice chairperson shall have those administrative and other duties prescribed by the Council.

2.10 The Secretary of the Council

The council shall appoint a secretary to the council and shall fix compensation. The secretary to the council shall give notice of council meetings to its members and the public, keep the journal and record verbatim all council meetings and perform such other duties as are assigned by this charter and the council.

2.11 Procedure

(a) Meetings: The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the chairperson or of 4 or more members by causing a notification to be given in hand or left at the usual dwelling place of each council member. If practicable, such notice shall be given not less than twelve hours before the special meeting and shall be published in a paper having general circulation in the town. All meetings shall be public. The council may recess into a closed or executive session only when such action is in accordance with statutes of the State of Maine.

(b) Rules and Journal: The council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal and verbatim record of council meetings shall be a public record.

(c) Voting: Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. The journal shall indicate the vote cast by each individual councilor on each roll call vote. A majority of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as provided in the preceding sentence and in Section 2.07 (c), shall be binding or valid unless adopted by the affirmative vote of a majority of the members of the council.

(d) Action: The council shall act only by ordinance, order or resolve. An ordinance is legislative in nature and prescribes general, uniform and permanent rules of conduct related to the corporate affairs of the Town of Freeport. An order is authority to perform a specified act conferred by the council. A resolve is an action less formal or solemn than an ordinance and is appropriate for most other actions of the council that are not required to be performed by ordinance. A resolve is appropriate for ministerial acts and the administrative business of the council.

All ordinances, orders and resolves, except orders or resolves making appropriations of money, shall be confined to one subject which shall be clearly expressed in the title. All appropriation orders or resolves shall be confined to the subject of appropriations only.

(e) Making of Contracts: The making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or notes or the making of contracts for capital improvements exceeding $100,000 must be authorized by ordinance.

(f) Acts of the Council: All acts of the council which provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed shall be by ordinance.

2.12 The Town Council shall not enact any ordinance transferring R.W.S. disposal costs to the people by enactment of a user fee, "Pay Per Bag" or other new tax.

The Town Council shall not amend the Freeport Comprehensive Plan to designate a Growth Area west of I-95 between Beech Hill Road and the Desert Road, commonly referred to as the West Freeport Village Area.

2.13 Ordinances in General

(a) Form: Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be “The Town of Freeport hereby ordains...” Any ordinance which repeals or amends an existing ordinance shall set out in full the ordinance sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

(b) Procedure: A proposed ordinance may be introduced by any member at any regular or special meeting of the council. Upon introduction of any ordinance, the Secretary to the Council shall distribute a copy to each council member and to the Town Manager; shall file a reasonable number of copies in the office of the Clerk and such other public places as the council may designate, and shall cause publication of the same, as defined in Section 2.13 (c) below, together with a notice setting out the time and place for a public hearing thereon and for its consideration by the council. The public hearing shall follow the publication by at least seven days, may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time. All persons interested shall have a reasonable opportunity to be heard. After the hearing the council may adopt the ordinance with or without amendment or reject it; but in no case shall the ordinance be adopted or rejected in less than 14 days after the public hearing unless a majority of the Town Council votes to act on the proposed ordinance immediately following the public hearing. If an ordinance is amended as to any matter of substance, the council may not adopt it until the ordinance or its amended sections have been subjected to all the procedure herein before required in the case of a newly introduced ordinance.

(c) “Publication” Defined: As used in this section, publication may be achieved by printing in one or more newspapers of general circulation in the town: (1) the ordinance or a brief summary thereof prepared by the Council Secretary; (2) the places where copies of it have been filed and the times when they are available for public inspection; and (3) the date, time and place of the public hearing. However, publication may also be achieved in whole or in part by alternate or additional means reasonably calculated to reach the citizens of Freeport, such as electronically. When, in relation to an ordinance, the method of notice or publication is established by general law, that method shall be followed.

2.14 Emergency Ordinances

To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of a least the majority plus one member shall be required for adoption. After its adoption the ordinance shall be posted in three public places. It shall become effective upon adoption or at such later times as it may specify. Every emergency ordinance except one authorizing the issuance of emergency notes shall stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinance.

2.15 Authentication and Recording; Codification; and Printing.

(a) Authentication and Recording: All ordinances adopted by the council shall be authenticated by the signature of the secretary of the council and recorded in full by the clerk in a properly indexed book kept for the purpose.

(b) Codification: Within three years after adoption of this charter and at least every ten years thereafter, the council shall provide for the preparation of a general codification of all ordinances, except those required by Section 2.11 (e). The general codification shall be adopted by the council by ordinance and shall be printed promptly in bound or loose-leaf form, together with this charter and any amendments thereto; pertinent provisions of the Constitution and other laws of the State of Maine and other rules and regulations as the council may specify. Any codification ordinance may be published by title. This compilation shall be known and cited officially as the Freeport Code. Copies of the code shall be furnished to officials, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council.

(c) Printing of Ordinances: The council shall cause amendment to this Charter and each ordinance, except those required by Section 2.11 (e) to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the council. Following publication of the first Freeport Code and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or addition to the provisions of the Constitution and other laws of the State of Maine or other rules and regulations included in the code.

ARTICLE VIII - INITIATIVE, REFERENDUM AND RECALL

8.01 Enactment of Ordinance by Initiative

The qualified voters of the town shall have the power to propose ordinances of substance, or repeal, to the council, provided that such power shall not extend to any ordinance relating to the budget, to the capital program, or to the appropriation of money, levy of taxes, or salaries of officials or employees. If the council should fail to adopt in substance any ordinance so lawfully proposed, the qualified voters of the town shall have the power to adopt or reject the proposed ordinance at an election.

Any five qualified voters may begin initiative proceedings by request in writing to the town clerk for the appropriate petition blanks. The complete text of the proposed ordinance shall be included with the request. All papers of the petition shall be uniform in size and style and shall be assembled as one instrument for filing. They shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance. These five qualified voters shall be referred to as the requesting committee during the initiative procedure.

The requesting committee shall have 30 days from the acceptance date of the request by the town clerk to cause the petitions to be signed by 10% of the qualified voters of the town. The petition shall be signed in the presence of the town clerk or the town clerk’s deputy at the town clerk’s office and, or, at the municipal office only by qualified voters of the town and each voter’s signature shall be followed by the voter’s address, provided, however, reasonable accommodation, pursuant to the town’s comprehensive accommodation policy, shall be made for qualified persons with a disability that prevents or interferes with that person’s ability to sign a petition in the municipal office. Reasonable accommodation shall include allowing a voter to designate an immediate family member or third person to deliver to the voter the full text of the ordinance, order or resolve, a copy of the petition and a petition signature page. The petition signature page shall have attached to it when filed an affidavit executed by the immediate family member or third person stating that the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page were presented to the voter; that the voter had the opportunity before signing to read the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page; and that the voter’s signature was affixed to the petition signature page in the presence of the immediate family member or third person.

Within 7 days after the petition circulation period ends, the town clerk shall certify to the council that the petition has been signed by not less than 10% of the qualified voters of the town, that all signatures were affixed in the town clerk’s or the town clerk’s deputy’s presence, that the town clerk or the town clerk’s deputy believe them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the proposed ordinance.
Should fewer qualified voters than required by the Charter sign the petition in the specified time, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. A request to initiate the same ordinance may not be accepted by the clerk until 120 days after the expiration of the previous filing period. Upon receipt of certification the council shall within 10 days hold a public hearing and shall within 30 days after said public hearing hold a municipal election for the purpose of submitting to vote the question of adopting such ordinance, unless such ordinances shall be enacted by the council prior to the call for said town election. Such ordinance shall be enacted and take effect when a majority of those voting thereon shall have voted in the affirmative.

Any such proposed ordinance shall be examined by the town attorney before being submitted to the voters. The town attorney is authorized to correct the form of such proposed ordinance for the purpose of avoiding repetitions, illegalities, and unconstitutional provisions, and to assure accuracy in its text and references, and clearness and preciseness in its phraseology, but the town attorney shall not materially change its meaning and effect.

8.02 Petition for Overrule of Action of Council

All ordinances, orders or resolves, except emergency ordinances, or orders or resolves making appointments or removals or regulating exclusively the internal procedure of the council, shall be subject to overrule by a referendum as follows: The qualified voters of the Town of Freeport shall have thirty (30) working days, excluding legal holidays and Sundays, after adoption of any such ordinance, order or resolve, to sign a petition requesting a referendum. The petition shall be signed in the presence of the town clerk or the town clerk’s deputy at the town clerk’s office and, or, at the municipal office, provided, however, reasonable accommodation, pursuant to the town’s comprehensive accommodation policy, shall be made for qualified persons with a disability that prevents or interferes with that person’s ability to sign a petition in the municipal office, and the signature of each qualified voter on the petition shall be followed by the voter’s address. Reasonable accommodation shall include allowing a voter to designate an immediate family member or third person to deliver to the voter the full text of the ordinance, order or resolve, a copy of the petition and a petition signature page. The petition signature page shall have attached to it when filed an affidavit executed by the immediate family member or third person stating that the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page were presented to the voter; that the voter had the opportunity before signing to read the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page; and that the voter’s signature was affixed to the petition signature page in the presence of the immediate family member or third person. During the thirty (30) day period for signatures, the town clerk or the town clerk’s deputy shall maintain office hours for at least four (4) working days until 8:00 p.m., prevailing time, and for at least two (2) Saturdays from 10:00 a.m. to 2:00 p.m., prevailing time, in order to allow qualified voters to sign the petition requesting a referendum. At the close of the thirty (30) day period for signatures, the town clerk shall promptly certify to the town council that the petition has been signed by not less than 10% of the qualified voters of the town, that all signatures were affixed in the town clerk’s or the town clerk’s deputy’s presence, that the town clerk believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance, order or resolve sought to be overruled. Should fewer qualified voters than required sign the petition within the specified time, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. Upon receipt of such certification, the town council shall fix the time and place of such referendum which shall be within twenty-one (21) days after receipt of certification of the petition, and notice thereof shall be given in the manner provided by law for the calling of a referendum. A public hearing shall be held by the town council on the subject of the petition for referendum at least ten (10) days before the day for voting thereon. Notice of such public hearing shall be given by the town council by causing a copy of the proposed referendum article, together with the time and place of hearing, to be posted in the same manner required for posting a warrant for a municipal election, at least seven (7) days before the date set for such a hearing.

Any ordinance, order or resolve which is the subject of such a referendum shall take effect upon conclusion of such referendum, unless a majority of those voting thereon shall have voted in the negative, and provided further that the total number of votes cast in the referendum equals or exceeds 20% of the total number of registered voters in the Town of Freeport as of the date of the filing of the petition for referendum.

8.03 Ordinances Submitted to Popular Vote

The town council shall submit any ordinance appropriating $100,000 or more for a single capital improvement which requires the issuance of general obligation bonds to the voters at a regular or special election.

8.04 Recall

Any 5 qualified voters may begin at any time proceedings to recall a councilor at large by requesting in writing to the town clerk for the appropriate petition blanks. These five registered voters shall be referred to as the recall committee. All papers of the petition shall be uniform in size and style and shall be assembled as one instrument for filing. They shall contain or have attached thereto throughout their circulation a statement detailing the reason or reasons for recall and the names of the recall committee.

The recall committee shall have 30 days from the acceptance date of the request by the town clerk to cause the petition to be signed by 25% of the qualified voters of the town. The petition shall be available only at the town clerk’s office during normal business hours, and shall be signed by qualified voters in the presence of the town clerk or the town clerk’s deputy, provided, however, reasonable accommodation, pursuant to the town’s comprehensive accommodation policy, shall be made for qualified persons with a disability that prevents or interferes with that person’s ability to sign a petition in the municipal office. Each voter’s signature shall be followed by the signer’s address. Reasonable accommodation shall include allowing a voter to designate an immediate family member or third person to deliver to the voter the full text of the ordinance, order or resolve, a copy of the petition and a petition signature page. The petition signature page shall have attached to it when filed an affidavit executed by the immediate family member or third person stating that the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page were presented to the voter; that the voter had the opportunity before signing to read the full text of the ordinance, order or resolve, the copy of the petition and the petition signature page; and that the voter’s signature was affixed to the petition signature page in the presence of the immediate family member or third person.

Within 7 days after the petition circulation period ends the town clerk shall certify to the council that the petition has been signed by not less than 25% of the qualified voters of the town, that all signatures were affixed in the town clerk’s or the town clerk’s deputy’s presence, that the town clerk and the town clerk’s deputy believe them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity to read the statement detailing the reason or reasons for recall.

Should fewer qualified voters than required by the charter sign the petition in the specified time, the petition shall have no further force or effect, and all proceedings thereon shall be terminated and request for recall of the same councilor may not be accepted by the clerk until 180 days after the expiration of the previous filing period.

Upon receipt of certification the council shall within 30 days hold a municipal election for the purpose of submitting to vote the question of recall. A councilor at large shall be recalled when a majority of those voting thereon shall have voted in the affirmative. The council shall within 30 days after the voters have recalled a councilor at large hold a special election to fill the vacancy.

A councilor at large, or district councilor that is recalled by the voters shall be allowed to seek re-election at the special election called for the purpose of filling the vacancy created by the recall by filing a notice with the town clerk that the councilor wishes to have his or her name appear on the ballot, no later than the fifteenth day preceding the election. The councilor shall not be required to circulate a nomination petition. Other qualified voters who seek to fill the vacancy created by the recall shall have until the fifteenth day preceding the election to file with the town clerk a petition as required by the charter for a regular municipal election.

Pending action by the voters of the town, the councilor at large, or district councilor that recall proceedings have been initiated against shall continue to exercise all the privileges of the councilor’s office.

The recall procedure for recalling a district councilor shall be the same as for recalling a councilor at large except for the following provisions:

(1) The recall committee must be composed of qualified voters that reside in the district of the councilor to be elected;

(2) The recall petition shall be signed by 25% of the qualified voters that reside in the district of the councilor to be recalled.

(3) The council shall within 30 days of certification of the petitions by the town clerk call a direct election for the purpose of submitting to vote the question of recall.

The ballot for recall shall contain the following questions: “Shall (name of person being subjected to recall) be recalled from the office of (name of office)?” Immediately below such question shall appear in the following order, the words “yes” and “no” and to the right of each a square in which the voter may cast his or her vote.