HP1154, LD 1668, item 1, An Act To Change Certain Gender-specific Terminology in the Laws Regarding Municipalities and Counties

An Act To Change Certain Gender-specific Terminology in the Laws Regarding Municipalities and Counties

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30-A MRSA §52, sub-§1, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

1. Municipal offices. No A person holding the office of county commissioner may not at the same time hold either the office of mayor or assessor of a city or the office of selectman selectperson or assessor of a town.

Sec. 2. 30-A MRSA §722, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

2. Municipal officials. "Municipal officials" means the mayor, aldermen, councillors or manager of a city and the selectmen selectpersons, councillors or manager of a town located in Androscoggin County.

Sec. 3. 30-A MRSA §822, sub-§§2 and 3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

2. Municipal officials. "Municipal officials" may include the mayor, aldermen, councillors or manager of a city, the selectmen selectpersons, councillors or manager of a town and the assessors of a plantation located in Piscataquis County.

3. Municipal officers. "Municipal officers" means the elected mayor, aldermen or councillors of a city, the selectmen selectpersons or councillors of a town and the assessors of a plantation located in Piscataquis County.

Sec. 4. 30-A MRSA §852, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

2. Municipal officers. "Municipal officers" means the mayor, councillors or selectmen selectpersons.

Sec. 5. 30-A MRSA §892, sub-§4, as enacted by PL 1991, c. 204, §2, is amended to read:

4. Municipal officer; definition. The term "municipal officer," as it refers to the Oxford County Budget Advisory Committee in this section, means a selectman selectperson or council member.

Sec. 6. 30-A MRSA §2001, sub-§10, ¶A, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

A. The selectmen selectpersons or councillors of a town; or

Sec. 7. 30-A MRSA §2521, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2521. Call of town meeting

Each town meeting shall must be called by a warrant. The warrant must be signed by a majority of the selectmen selectpersons, except as follows.

1. First town meeting. The first town meeting shall must be called in the manner provided in the act of incorporation.

2. Majority of selectpersons. If, for any reason, a majority of the selectmen selectpersons do not remain in office, a majority of those remaining may call a town meeting.

3. Petition of 3 voters, if no selectpersons. When a town, once organized, is without selectmen selectpersons, a notary public may call a meeting on the written petition of any 3 voters.

4. Petition by voters, if selectpersons refuse. If the selectmen selectpersons unreasonably refuse to call a town meeting, a notary public may call the meeting on the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10.

Sec. 8. 30-A MRSA §2524, sub-§§2 and 3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

2. Moderator elected and sworn. The clerk, or in the clerk's absence a selectman selectperson or constable, shall open the meeting by:

A. Calling for the election of a moderator by written ballot;

B. Receiving and counting the votes for moderator; and

C. Swearing in the moderator.

3. Moderator presides. As soon as the moderator has been elected and sworn, the moderator shall preside over and supervise the voting at the meeting and may appoint a deputy moderator to assist the moderator. If the moderator is absent or is unable to carry out the duties, the clerk, or in the clerk's absence a selectman selectperson or constable, may call for the election of a deputy moderator to act in the absence of the moderator.

A. All persons shall must be silent at the moderator's command. A person may not speak before that person is recognized by the moderator. A person who is not a voter in the town may speak at the meeting only with the consent of 2/3 of the voters present.

(1) If any person, after a command for order by the moderator, continues to act in a disorderly manner, the moderator may direct that person to leave the meeting. If the person refuses to leave, the moderator may have that person removed by a constable and confined until the meeting is adjourned.

B. When a vote declared by the moderator is immediately questioned by at least 7 voters, the moderator shall make it certain by polling the voters or by a method directed by the municipal legislative body.

C. The moderator shall serve until the meeting is adjourned. The moderator is subject to the same penalties for neglect of official duty as other town officials.

Sec. 9. 30-A MRSA §2525, sub-§1, ¶B, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

B. Selectmen Selectpersons; and

Sec. 10. 30-A MRSA §2526, sub-§3, ¶A, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

A. In order to hold the office of selectman selectperson, a person must be a voter in the town in which that person is elected.

Sec. 11. 30-A MRSA §2526, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

4. Selectpersons and overseers. The following provisions apply to selectmen selectpersons and overseers.

A. A town may determine at a meeting held at least 90 days before the annual meeting whether 3, 5 or 7 will be elected to each board and their terms of office.

(1) Once the determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting.

(2) If a town fails to fix the number, 3 shall must be elected. If a town fails to fix the term, it is for one year.

B. When others have not been elected, the selectmen selectpersons shall serve as overseers of the poor.

C. A selectman selectperson may also serve as a member of the board of assessors.

D. A town, in electing selectmen selectpersons and overseers, may designate one of them as chairman chair of the board.

(1) If no person is designated as chairman chair, the board shall elect by ballot a chairman chair from its own membership, before assuming the duties of office. When no member receives a majority vote, the clerk shall determine the chairman chair by lot.

E. If the town fails to fix the compensation of these officials at its annual meeting, they shall must be paid $10 each per day for every day actually and necessarily employed in the service of the town.

Sec. 12. 30-A MRSA §2526, sub-§5, ¶A, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

A. A town may determine at a meeting of its legislative body held at least 90 days before the annual meeting whether a single assessor will be appointed under subparagraph (3) or a board of 3, 5 or 7 will be elected and the term of office of the assessor or assessors. In towns where the municipal legislative body is the town meeting, the determination is effective only if the total number of votes cast for and against the determination equals or exceeds 10% of the number of votes cast in the town at the last gubernatorial election.

(1) Once a determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting.

(2) If a town fails to fix the number, 3 shall must be elected. If a town fails to fix the term, it is for one year.

(3) When a town has chosen a single assessor under this paragraph, the selectmen selectpersons shall appoint the assessor for a term not exceeding 5 years.

Sec. 13. 30-A MRSA §2526, sub-§5, ¶C, as amended by PL 2003, c. 234, §1, is further amended to read:

C. When a town has not elected a full board of assessors, the selectmen selectpersons shall serve as assessors as provided in Title 36, section 703. A selectman selectperson who is an assessor pursuant to this paragraph and Title 36, section 703 or any person who serves as both a selectman selectperson and a tax assessor may resign the position of assessor without resigning the office of selectman selectperson. The position of assessor must then be filled by appointment pursuant to section 2602, subsection 2. A person elected to the State Legislature who resigns the position of assessor pursuant to this paragraph may continue to serve concurrently as selectman selectperson and member of the State Legislature. If a person who is serving in the State Legislature or in another office incompatible with the position of assessor resigns the position of assessor pursuant to this paragraph before that person has performed any duties as tax assessor, that person may not be deemed considered to have vacated the previously held position of State Legislator or other office that is incompatible with the office of assessor.

Sec. 14. 30-A MRSA §2526, sub-§6, ¶B, as amended by PL 1991, c. 235, is further amended to read:

B. The board of assessment review consists of 3 members and 2 alternates appointed by the selectmen selectpersons. The municipality, when adopting such a board, may fix the compensation of the members. Initially, one member must be appointed for one year, one member for 2 years and one member for 3 years, and one of the alternates must be appointed for one year and one alternate for 2 years. Thereafter, the term of each new member or alternate is 3 years.

Sec. 15. 30-A MRSA §2526, sub-§7, ¶¶B and C, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

B. A road commissioner appointed by the selectmen selectpersons may be removed from office for cause by the selectmen selectpersons.

C. The board of selectmen selectpersons may act as a board of road commissioners.

Sec. 16. 30-A MRSA §2528, sub-§§2 and 8, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

2. Designation, number and terms of officials. At the time of acceptance, the town shall determine, by a separate article in the warrant, which other officials are to be elected according to this section, and may determine the number and terms of selectmen selectpersons, assessors and overseers according to section 2526.

A. After the determination under this subsection, a town may not change the designation, number or terms of town officials, except at a meeting held at least 90 days before the annual meeting.

8. Ballot clerks. Before the polls are opened, the selectmen selectpersons shall appoint the necessary number of ballot clerks as provided in Title 21-A, section 503. When there are vacancies after the polls are opened, the moderator shall appoint replacement clerks. The ballot clerks shall be sworn before assuming their duties.

A. On election day, before the polls are opened, the clerk shall deliver the ballots to the ballot clerks and shall post an instruction card at each voting compartment and at least 3 instruction cards and 5 specimen ballots in the voting room outside the guardrail enclosure.

B. The ballot clerks shall give a receipt to the clerk for the ballots received by them. The clerk shall keep the receipt in the clerk's office for 6 months.

C. Ballots may not be delivered to the voters until the moderator has been elected. The moderator may appoint a qualified person to act as temporary moderator during a temporary absence from the polling place.

D. The selectmen selectpersons shall prepare a duplicate incoming voting list for the use of the ballot clerks. The law pertaining to incoming voting lists applies equally to duplicate incoming voting lists.

Sec. 17. 30-A MRSA §2602, sub-§§2 and 3, as amended by PL 1991, c. 270, §3, are further amended to read:

2. Vacancy in office other than selectperson or school committee. When there is a vacancy in a town office other than that of selectman selectperson or school committee, the selectmen selectpersons may appoint a qualified person to fill the vacancy.

3. Vacancy in office of selectperson. When there is a vacancy in the office of selectman selectperson, the selectmen selectpersons may call a town meeting to elect a qualified person to fill the vacancy.

Sec. 18. 30-A MRSA §2631, sub-§2, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

2. Government. The government of each town under this subchapter shall consist consists of a town meeting, an elected board of selectmen selectpersons, an elected school committee, an appointed town manager and any other officials and employees that may be appointed under this subchapter, general law or ordinance. Other town officials may be elected by ballot, including, but not limited to, moderator, assessors, overseers of the poor, clerk and treasurer. The election of officials at the last annual town meeting shall must require that those town offices continue to be filled by election until the town designates otherwise.

Sec. 19. 30-A MRSA §2632, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2632. Qualifications of town manager

1. Selection by board; professional qualification. The selectmen selectpersons shall choose the town manager solely on the basis of executive and administrative qualifications with special reference to actual experience in, or knowledge of, the duties of office under this subchapter.

2. Residency. The town manager need not be a resident of the town or State when appointed, but, while in office, may reside outside the town or State only with the approval of the board of selectmen selectpersons.

3. Prohibited offices. A town manager may not serve as moderator, selectman selectperson, assessor or member of the school committee.

Sec. 20. 30-A MRSA §2633, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2633. Term, compensation, removal, suspension

1. Term. The town manager shall hold holds office for an indefinite term unless otherwise specified by contract.

2. Compensation. The selectmen selectpersons shall determine the compensation of the town manager.

3. Removal, suspension. The selectmen selectpersons may remove or suspend the town manager for cause in accordance with the following procedures.

A. The selectmen shall selectpersons must file a written preliminary resolution with the town clerk stating the specific reasons for the proposed removal. A copy of that resolution shall must be delivered to the manager within 10 days of filing.

B. Within 20 days of receiving the resolution, the manager may reply in writing and request a public hearing.

C. Upon request for a public hearing, the selectmen selectpersons shall hold one at least 10 days but not more than 30 days after the request is filed.

D. After the public hearing or at the expiration of the time permitted the manager to request the public hearing, if no such request is made, the selectmen selectpersons may adopt or reject the resolution of removal.

E. The selectmen selectpersons may suspend the manager from duty in the preliminary resolution, but the manager's salary may not be affected until the final resolution of removal has been adopted.

Sec. 21. 30-A MRSA §2634, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2634. Absence or disability of town manager

The town manager may designate a qualified administrative official of the town to perform the manager's duties during a temporary absence or disability, subject to confirmation by the selectmen selectpersons. If the town manager does not make this designation, the selectmen selectpersons may appoint a town official to perform the manager's duties during the absence or disability and until the manager returns or the disability ceases.

Sec. 22. 30-A MRSA §2635, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2635. Board of selectpersons to act as a body; administrative service to be performed through town manager; committees

It is the intention of this subchapter that the board of selectmen selectpersons as a body shall exercise all administrative and executive powers of the town except as provided in this subchapter. The board of selectmen selectpersons shall deal with the administrative services solely through the town manager and shall may not give orders to any subordinates of the manager, either publicly or privately. This section does not prevent the board of selectmen selectpersons from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any official or department, or any matter relating to the welfare of the town.

Sec. 23. 30-A MRSA §2636, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2636. Powers and duties of town manager

The town manager:

1. Executive and administrative officer. Is the chief executive and administrative official of the town;

2. Administer offices. Is responsible to the selectmen selectpersons for the administration of all departments and offices over which the selectmen selectpersons have control;

3. Execute laws and ordinances. Shall execute all laws and ordinances of the town;

4. Department head. Shall serve in any office as the head of any department under the control of the selectmen selectpersons when directed by the selectmen selectpersons;

5. Appoint department heads. Shall appoint, subject to confirmation by the selectmen selectpersons, supervise and control the heads of departments under the control of the selectmen selectpersons when the department is not headed by the town manager under subsection 4;

6. Appoint town officials. Unless otherwise provided by town ordinance, shall appoint, supervise and control all town officials whom the municipal officers are required by law to appoint, except members of boards, commissions, committees and single assessors; and appoint, supervise and control all other officials, subordinates and assistants, except that the town manager may delegate this authority to a department head and report all appointments to the board of selectmen selectpersons;

7. Purchasing agent. Shall act as purchasing agent for all departments, except the school department, provided except that the town or the selectmen selectpersons may require that all purchases greater than a designated amount must be submitted to sealed bid;

8. Attend meetings of selectpersons. Shall attend all meetings of the board of selectmen selectpersons, and the town manager may attend meetings when the manager's removal is being considered;

9. Make recommendations. Shall make recommendations to the board of selectmen selectpersons for the more efficient operation of the town;

10. Attend town meetings. Shall attend all town meetings and hearings;

11. Inform of financial condition. Shall keep the board of selectmen selectpersons and the residents of the town informed as to the town's financial condition;

12. Collect data. Shall collect data necessary to prepare the budget;

13. 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; and

14. Remove appointments. Has exclusive authority to remove for cause, after notice and hearing, all persons whom the manager is authorized to appoint and report all removals to the board of selectmen selectpersons.

Sec. 24. 30-A MRSA §2637, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 2637. Transitional provisions

The selectmen selectpersons, by resolve, may provide for the orderly transition of the town government. These resolves may not infringe upon the rights of any official or employee of the town and may not be inconsistent with this subchapter.

Sec. 25. 30-A MRSA §2638, sub-§§2 and 3, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

2. Selection of manager. The selectmen selectpersons of the contracting towns shall act as a joint board for the purposes of selecting and removing for cause the manager, provided that as long as each town has a single vote.

3. Compensation. The agreement must contain a formula establishing the percentage of the manager's compensation to be contributed by each town. The selectmen selectpersons shall determine the manager's total compensation acting as a joint board, each town having a single vote.

Sec. 26. 30-A MRSA §4356, sub-§3, as enacted by PL 1989, c. 104, Pt. A, §45 and Pt. C, §10, is amended to read:

3. Extension by selectpersons. In municipalities where the municipal legislative body is the town meeting, the selectmen selectpersons may extend the moratorium in compliance with subsection 2 after notice and hearing.

Sec. 27. 30-A MRSA §4702, sub-§1, ¶B, as amended by PL 2017, c. 234, §3 and affected by §42, is further amended to read:

B. The area of operation of the housing authority of a municipality does not include any area that lies within the municipal boundaries of any municipality for which a municipal housing authority has been organized, without the consent by resolution of the legislative body or the selectmen selectpersons of the other municipality.

Sec. 28. 30-A MRSA §4702, sub-§15, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

15. Selectpersons. " Selectmen Selectpersons" means the board of selectmen selectpersons of the town or, if the town has no selectmen selectpersons, the officers charged with the duties customarily imposed on the board of selectmen selectpersons of a town.

Sec. 29. 30-A MRSA §4721, sub-§§2 and 4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, are further amended to read:

2. Procedure. The municipal legislative body shall consider the need for an authority on its own motion or upon the filing of a petition with the mayor of the city or the selectmen selectpersons of the town. This petition must be signed by 25 voters of the city or town and assert that there is a need for an authority to function in the municipality and request that the municipal legislative body declare that need.

4. Appointment of commissioners. Upon the adoption of a resolution by the municipal legislative body, the mayor of the city or the selectmen selectpersons of the town shall appoint the commissioners of the authority under section 4723, subsection 1.

Sec. 30. 30-A MRSA §4725, as amended by PL 2011, c. 560, §2, is further amended to read:

§ 4725. Removal of commissioners

A commissioner may be removed from office for inefficiency, neglect of duty or misconduct in office after hearing by the legislative body of a city, the selectmen selectpersons of a town, or, in the case of the Maine State Housing Authority, the Governor. The commissioner must be given a copy of the charges at least 10 days before the hearing and must be given an opportunity to be heard in person or to be represented by counsel. If a commissioner is removed, a record of the proceedings, together with the charges and the findings on the charges, must be filed in the office of the clerk or, in the case of the Maine State Housing Authority, in the office of the Secretary of State. This section does not apply to the director of the Maine State Housing Authority, who may be removed by the commissioners pursuant to section 4723, subsection 2, paragraph C.

Sec. 31. 30-A MRSA §7007, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

§ 7007. Duties of officials

Assessors of plantations shall be are considered the selectmen selectpersons of the plantation for the purpose of performing the duties performed by the selectmen selectpersons of towns. Treasurers, collectors and constables of plantations must give the same bond as similar officials of towns are required to give, to be approved in the same manner. The valuation of property for the assessment of taxes in plantations, as well as the assessment, collection and disposal of taxes, shall must be the same as in towns.

summary

This bill changes the terms "selectman" and "selectmen" to "selectperson" and "selectpersons" in the Maine Revised Statutes, Title 30-A.

HP1154 LD 1668	Session - 128th Maine Legislature		LR 2480 Item 1
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