CHAPTER 349
S.P. 391 - L.D. 1287
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §51, sub-§2, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
2. Salaries; full compensation. These salaries are in full compensation for all services of the commissioners, including the management of the jails and for any expenses or travel to and from the county seat for any commissioner, except as provided in subsection 3, section 82, subsection 4 and section 105.
Sec. 2. 30-A MRSA §82, sub-§4, as amended by PL 1995, c. 380, §1, is repealed.
Sec. 3. 30-A MRSA §124, as amended by PL 1999, c. 14, §1, is further amended by adding at the end a new paragraph to read:
The procurement of goods or services pursuant to this section that involves the expenditure of $10,000 or less may be accepted by oral proposal or bids.
Sec. 4. 30-A MRSA §381, sub-§3, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
3. Tenure of office. Deputies shall must be originally appointed for a probationary period of not more than 6 months consistent with the provisions of section 2701 governing municipal employment and thereafter may be appointed or reappointed for a term of 3 years.
A. The failure of a sheriff to reappoint a deputy, except for appointment at the end of the probationary period, is subject to the procedures and standards for dismissal of an applicable collective bargaining agreement.
Sec. 5. 30-A MRSA §501, sub-§3, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
3. Dismissal, suspension, discipline. A Following a reasonable probationary period consistent with the provisions of section 2701, a county officer or department head may dismiss, suspend or otherwise discipline a department employee only for cause, except as provided in paragraph A. Cause for dismissal, suspension or disciplinary action must be a just, reasonable, appropriate and substantial reason for the action taken that relates to or affects the ability, performance of duties, authority or actions of the employee or the public's rights or interests.
A. An employee may be dismissed by a county officer or department head only for cause and only with the prior approval of the county commissioners or personnel board, except that county employees may be laid off or dismissed, with the approval of the county commissioners or personnel board, to meet the requirements of budget reductions or governmental reorganization.
B. In every case of suspension or disciplinary action other than dismissal, at the employee's request, the county commissioners or personnel board shall investigate the circumstances and fairness of the action and, if they find the charges unwarranted, shall order the employee's reinstatement to the employee's former position with no loss of pay, rights or benefits resulting from the suspension or disciplinary action.
Sec. 6. 30-A MRSA §924, as amended by PL 1993, c. 573, §3, is further amended to read:
The county commissioners of each county shall use the unexpended balances and the actual revenue in excess of estimates from the previous any unencumbered surplus funds at the end of a fiscal year in the following fiscal year only as provided in this section, except that the Androscoggin County commissioners shall act in accordance with section 725, subsection 9.
1. Restore contingent fund. The county commissioners shall first use any unencumbered surplus funds to restore the contingent account as provided in section 922, subsection 2.
2. Reduce tax levy. After restoring the contingent account under subsection 1, the county commissioners shall use any unencumbered surplus funds to reduce the tax levy in the ensuing following fiscal year as provided in this subsection. On the first day of each fiscal year, the The county commissioners shall use any remaining unencumbered surplus funds in excess of 10% 15% for the fiscal year beginning in 2002, 18% for the fiscal year beginning in 2003 and 20% for the fiscal year beginning in 2004 and each fiscal year thereafter of the amount to be raised by taxation in that the following fiscal year to reduce the tax levy in that year. The county commissioners may not commit taxes to be raised in any fiscal year until the county commissioners have complied with this subsection.
3. Other uses; working capital. The After compliance with subsection 2, the county commissioners may use any remaining unencumbered surplus funds to fund a county charter commission, as provided in section 1322, subsection 4, or to establish or fund a capital reserve account under section 921, as provided in section 5801. If not used for these purposes, any remaining surplus funds may not be expended but shall must be retained as working capital for the use and benefit of the county.
4. Unencumbered surplus funds defined. As used in this section, the term "unencumbered surplus funds" means the actual revenue in excess of estimates, as filed with the Department of Audit for that fiscal year; all unexpended account balances at the end of that fiscal year, not including capital reserve accounts established pursuant to section 921; all overlay as permitted under section 706; and any unexpended balances carried forward from prior fiscal years, including amounts retained as working capital.
Effective September 21, 2001, unless otherwise indicated.
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