Androscoggin County Charter
Androscoggin County Charter (PDF)
Androscoggin County Charter (Word .doc)
ANDROSCOGGIN COUNTY CHARTER
We, the people of Androscoggin County, Maine,
in recognition of the dual role of the County as an agency of the
State of Maine and as a unit of local government, and in order to
provide for self-determination in county affairs to the full extent
permissible under the Constitution and laws of the State, by this
Charter, confer upon the County the following power subject to the
follow-ing restrictions, and prescribe for it the following
procedures and governmental structures:
The name of the county as it operates under
this Charter shall be
1.2 NATURE AND LEGAL CAPACITY
From the time this Charter takes effect, the
County shall continue to be an agency of the State and a body
politic and corporate and shall be vested with all rights and powers
of self-government which are now, or hereafter
may be, provided by the Constitution and laws of Maine and this
Charter. In addition, it shall be vested with all
the rights and programs from the Federal Government that are
available either directly or through the State.
The boundaries of the County shall be the
boundaries now or hereafter prescribed for the County by the laws of
the State of Maine.
1.4 COUNTY SEAT
The seat of government of the County shall
continue to be the City of Auburn.
1.5 ELECTED OFFICIALS
Pursuant to the Constitution and laws of the
State of Maine, the county shall have an elected Board of County
Commissioners, hereafter referred to as "the Board." If
authorized by State law, any and/or all of following elected
official positions may be permanently transferred to appointed
professional positions by a majority vote of the County electorate.
§ Sheriff (listed in state
Judge of Probate (listed in state
Register of Probate (listed in state
POWERS AND DUTIES
municipality, special district or agency shall request the
performance or transfer of any power, privilege, authority, or
function to the County, the Board has the authority, at its
discretion, to exercise that power, privilege, authority, or
function, if permitted by law, except that nothing herein shall be
construed to allow the County to levy taxes other than as allowed by
The Board may, on such
terms as it deems to be in the best interest of the County,
arrange by contract for one or more functions of the County
to be performed in cooperation with one or more other counties,
arrange for one or more functions of the County to be
transferred to and performed by one or more
municipalities, the State of Maine, federal agencies, special
districts, or public and private entities if permitted by state law,
arrange for one or more functions of one or more
municipalities, the State of Maine,
special districts, or public and private entities to be transferred
performed by the
County if permitted by state law.
establishes the separation between the legislative and
administrative functions of county government.
The establishment and adoption of policy shall be the responsibility
of the Board and the execution of that policy shall be the
responsibility of the County
CONSTRUCTION OF POWERS
The powers granted by
this Charter shall be construed broadly in favor of the charter form
of government and toward the end of enabling the County to implement
municipal programs and services on behalf of its municipalities,
while avoiding the creation of special districts or other legal or
administrative entities to accomplish these purposes.
BOARD OF COUNTY
3.1.1 Seven Districts Established:
There shall be seven (7) districts, with a single Commissioner
elected from each district to take office beginning January 1, 2015,
as otherwise provided herein for Commissioners in office
at the effective date of this
3.1.2 Apportionment Into Districts:
In 2013, after receipt of the decennial census data from the
U.S. Census, the County Commissioners shall request the State
Apportionment Commission to prepare a description of each of the
seven (7) geographical districts to ensure the division of the
County into contiguous and nearly equally populated areas.
Each apportionment shall start as a new construct within the
County's boundaries with each district following existing municipal
boundaries insofar as possible. The creation of
new districts shall not disqualify a Commissioner who is presently
serving from finishing his or her term. After the seven new
Commission districts are established as provided in
this Charter, and effective January 1, 2015, the
Commissioners then serving the remainder of their terms shall
represent the Commission district that contains their place of
3.1.3 Initial Full Terms:
in 2014, Commissioners shall be elected in primary and general
elections for terms beginning January 1, 2015, and thereafter of
four years except that the Commissioners originally elected for
terms extending beyond December 31, 2013, shall serve the balance of
their terms and one newly elected Commissioner in district 2, 4, or
6, in that order, in which the incumbent Commissioners do not reside
shall initially be elected for a transitional term of two (2) years
and thereafter the Commissioners elected to succeed those three
shall serve for 4-year terms. Commissioners shall
serve until their successors are elected and assume their offices.
3.1.4 Term Limits:
shall serve for more than three (3) consecutive 4-year terms.
An individual is
eligible to be nominated and elected as a County Commissioner only
if he or she is a resident of the district from which nominated and
is also a registered voter in that district.
The office of any
member of the Board shall immediately become
vacant if the Commissioner ceases to be a resident of his or her
district, is no longer a registered voter of the County, or is
subject to any other disqualification imposed by this Charter or the
Constitution and laws of the State.
3.3.2 Time Restriction:
trailing period 18 months, no former Commissioner shall hold any
compensated or appointed County position and must obtain
authorization in writing from the County
approved by the Board in order to be employed by an organization
having any business relationship with the County.
When a vacancy occurs in a County Commissioner
position, members of the same political party who reside in the same
district as the vacating member shall caucus and choose an interim
replacement within thirty (30) days of the occurrence of the
vacancy. The interim appointment shall be for the
period until the next general election, at which time the position
shall be filled for the remainder of the unexpired term.
The name of the person selected shall be submitted to the
Board which may require confirmation that appropriate procedures
were followed in the nomination process. In order
for the nomination of an interim replacement to be valid, the caucus
at which the nomination was made shall have been conducted in
accordance with the internal rules of the political party involved,
or, if no such rules exist, in accordance with accepted
parliamentary procedure. In the event that the
caucus of enrolled voters fails to produce a valid nomination within
thirty (30) days after public notice of the vacancy was given by the
Administrator, the vacancy shall be
filled by a majority vote of the remaining County Commissioners.
If the Commissioner whose position has become
vacant was not enrolled in a political party at the time of the
primary election prior to the election at which he or she was
elected, the County Administrator
shall give notice of the vacancy by publication in a newspaper
having a general circulation within the county.
The published notice shall encourage unenrolled voters from the
district in which the vacancy occurred who were also unenrolled at
the time that the vacancy occurred, to submit their names as
candidates to fill the vacant position. At least
thirty (30) days after the publication of the vacancy was given, the
Board shall appoint an unenrolled voter from the district in which
the vacancy occurred to fill the position until the next general
After due process of
formal charges and a hearing in which the challenged member shall
not participate, and upon finding that a commissioner-elect is not
entitled to a seat because of a failure to meet the requirements in
section 3.3.1 or 3.3.2, or if a commissioner-elect was not "duly
elected," the Board, by a majority vote of the remaining members of
the Board, may deny the commissioner-elect a seat on the Board.
After due process
including formal charges and a hearing, a Commissioner may be
involuntarily removed from office before the normal expiration of
his or her term. The Board may determine the
rules of its proceedings and punish Commissioners by immediate
expulsion for cause including non-attendance, disorderly behavior,
and moral turpitude with the concurrence of a majority plus one of
the full Board.
Salaries and benefits
of all County elected officials shall be recommended by the Board
and approved by a majority plus one vote of the full Budget
Committee. Said salary shall constitute full
compensation for all services. Reimbursement for
reasonable expenses incurred in performance of the officials' duties
may be allowed upon formal review and approval by the Board.
final authority of the Board of Commissioners over the adoption of
the County budget under Section 5.5.4, no increase in the salaries
or the expansion of benefits of elected officials is effective
without the approval of a majority plus one vote of the full Budget
3.8 POWERS OF
The Board shall be the
policy-determining body of the County. The Board
may exercise all the powers granted to the County from any source.
3.8.1 Specific Powers:
The Board shall
appoint by a majority of a full Board and remove by majority plus
one vote of a full Board:
The County Administrator,
County Treasurer, Register of Deeds, and any of
the other positions listed in Section 1.5 that may later become
The County Administrator
shall follow the process prescribed in the Board's Bylaws and may
present any appointments to the Board for its confirmation.
3.8.2 Departmental Structure:
The Board and/or the County Administrator, - with the
approval of the Board, may from time to time establish additional
administrative departments, combine any two or more administrative
departments into a single department, separate departments thus
combined, abolish any administrative department and prescribe the
duties and functions of any administrative department.
A function of the County prescribed by State law, but not
allocated to any County office or agency, shall be allocated to such
department or committee of the County as the Board shall determine.
to insure transparency, the Board shall require the highest
professional standards for its accounting and for the comprehensive
annual financial report as prescribed in the Bylaws.
Board shall apply for available public and private grants to assist
the needs of citizens, to provide required services, and to fund
capital improvements. It shall establish and
charge reasonable fees and assessments to offset all expenditures.
In addition, and pursuant to State law, it shall appropriate
funds as necessary to support its budget and pay debt services.
shall cause independent audits by a certified public accountant of
all government operations and functions of the County annually and
more often if the Board deems necessary.
Board may create and abolish such committees as it deems necessary
to assist in the performance of its duties, may appoint the
membership necessary, and may serve as ex officio committee members.
A committee shall be a Standing Committee or an Ad Hoc
Committee. All committees shall have a clearly
written charge and have their budgets approved by the Board.
At the annual meeting, the Board shall review and vote to
authorize each Ad Hoc committee or by default it shall be abolished.
Committees: Standing committees are named
County committees that may have an ongoing, operating, and capital
budget. Their governance shall be described and
referenced in the Bylaws.
188.8.131.52 Ad Hoc
Ad Hoc Committees are temporary
committees developed for the County by its Board or County Administrator
that perform limited singular assignments of limited duration,
generally less than 18 months. They have neither
an ongoing, operating, nor a capital budget and are not covered by
At its initial
organizational meeting, and annually thereafter, as determined by
the Bylaws, the Board shall elect from among its members a chair and
a vice-chair to serve for such terms as the bylaws or, if none, the
Board, shall determine, The chair shall
preside over the meetings of the Board, have a vote on all questions
before it, and have authority to preserve order at all Board
meetings. The Procedural Rules of the Board shall
be determined in the Bylaws.
(6) months of its election the Board shall adopt Bylaws that set
forth the County's rules of governance, its procedures, and rules
for change. At least decennially, the bylaws
shall be formally reviewed by an independent group of the electorate
selected by the Commissioners, one per district.
The adoption, amendment, or repeal
of a bylaw shall require a reading at two (2) formal Board meetings
and the concurrence of the majority plus one vote of the full Board.
3.10.1 Regular Meetings:
The Board shall meet regularly and publicly in the County at
least once each month. The Board shall provide
for the manner, time, and place for holding all regular Board
Four (4) members of the Board shall constitute a quorum.
A lesser number or the
County Administrator may only adjourn the
meeting to another place or time.
Meetings: Special meetings may be held at the
call of the chair or three (3) or more members of the Board.
Upon call for a special meeting, adequate public notice shall
be given of the time, place, and purpose of the meeting in
accordance with the procedures established by the Board's Bylaws.
The only actions that can be taken at a special meeting are
items specified in the notice for that meeting.
An emergency meeting of the Board
may be called at the Chair's, or in the absence of the Chair, the
Vice-Chair's discretion. A complete record of the
meeting, the Chair's justification for such action, and a
roll call vote regarding the same shall be expressed, vetted,
and recorded in the minutes of the meeting to be
presented and approved at the next formal Board
Non-meetings: Chance meetings or planned
social gatherings of the Board members, at which no substantive
discussion, action, vote, or poll regarding the
County's business is taken, do not constitute public meetings.
The Board shall
designate which officers and employees shall be bonded and fix the
amount and approve the form of the bond.
The Board shall cause
a public record of its proceedings to be kept in accordance with the
Bylaws. A written copy of such records shall be
maintained by, or under the direction of, the County
and shall be available to the public prior to the next regular
meeting of the Board. The individual votes on
questions before the Board shall be recorded.
All functions and
duties required of the County or County officials by this Charter or
by the Constitution and laws of the State of Maine shall be the
responsibility of the Board. Duties and functions
shall be distributed among such committees, departments, offices,
and agencies as the law, the Board, or this charter may establish.
All entities, services, and functions are under the direction
and the supervision of the County Administrator, subject to the
approval and control of the Board. The Board
shall use its powers to operate the County in an optimal
businesslike manner and to provide services that are in the best
interest of the County's citizens.
Administrator shall be appointed solely on the basis of executive
and administrative qualifications.
The County Administrator shall carry out the Board's policies and be
delegated with and responsible for the County's entire management
functions, including planning, organizing, staffing, direction, and
control. In addition, the County Administrator is
responsible for the preparation of and enforcement of personnel
policies, budgetary documents, control of the budget after its
acceptance, administrative codes, purchasing, provision of central
services, maintenance of buildings and grounds, and any other
functions the Board may prescribe. The County
Administrator shall assume responsibility for all County elected or
appointed professional positions and their entities, services, and
function and may delegate such by agreement of the Board, except as
provided by law. In the event that the County
Administrator position should become vacant, the Board shall
promptly name a replacement although it may appoint an interim
successor while it is seeking to fill the position on a permanent
administrative officers and employees of the County other than
elected administrative officers and those designated in Section
184.108.40.206 shall be appointed by the County Administrator except that
the Sheriff shall appoint and supervise the Chief Deputy as provided
by law. The qualifications for appointments as
administrative officers or employees shall be on a non-partisan and
professional basis and may be prescribed by the Board.
4.2.3 Administrative Code:
County Administrator shall prepare an administrative code that shall
establish the committee and departmental organization of County
government, including the nature and scope of each department
together with all required rules and procedures for their operation
, except as otherwise provided by statute. The
administrative code shall be submitted to the Board for adoption,
review, amendment, or repeal. It may be formally
amended or repealed by a vote of a majority plus one of a full
Board. At least decennially the administrative code shall be
formally reviewed by an independent group of the electorate selected
by the Board, one per District.
4.2.4 Elected Officials:
respective offices of Sheriff, District Attorney, Judge of Probate,
and Register of Probate shall continue to be under the elected
official's supervision and control as provided by law for as long as
these positions remain elective, except that all actions relating to
personnel, fiscal matters, and general administration of the County
shall be accomplished in cooperation with and subject to the review
and approval of the County Administrator.
The Board is
responsible for the review of the County Administrator's preliminary
budget, its submission to the Budget Committee, and for the
preparation and presentation of the final annual operating budget
and capital improvement plan to the citizens prior to its adoption.
The annual County budget process shall be transparent and as
detailed as necessary to ensure a knowledge-able understanding by
the electorate of the entire County's expenditures and revenues.
The fiscal year of the
County shall be the calendar year, initially, but the Board shall
have the authority to change said year by an appropriate order
following consultation with the Budget Committee.
The Board shall have
the authority to appropriate money, according to the budget.
In the event the budget is not approved before the start of a
fiscal year, the county shall, until a budget is finally adopted,
operate on an interim budget which shall be no more than 80% of the
previous year's budget.
OPERATING BUDGET AND CAPITAL BUDGET PROCESS
5.4.1 Departmental Budget Request:
Each county department shall submit to the County Administrator a
budget in such detail as may be required for the ensuing year's
operation, plus such additional information as may be required by
the County Administrator.
The County Administrator shall review and
compile all operational and capital budget requests, including a
budget for his or her own office, prepare a preliminary budget,
including revenue estimates, and submit the same to the Board for
its review and approval. The capital program
shall include a five (5) year Capital Improvement Plan.
5.4.3 Adoption of Preliminary Budget:
Prior to the Board adopting the preliminary budget, it shall
hold one or more public hearings in the County on the County
Administrator's preliminary budget.
5.4.4 Preliminary Budget Review:
After said hearing, the Board shall review the preliminary budget as
submitted by the County Administrator, together with the County
Administrator's recommendations, and shall make such additions,
deletions or changes as it deems necessary to insure the proper
funding of all operations of county government and shall submit the
preliminary budget to the Budget Committee.
5.5.1 General Procedures:
The Board shall submit its proposed budget to the Budget
Committee in a timely fashion and, in no event, later than 90 days
prior to the beginning of the fiscal year. The
Board shall provide the Committee with necessary clerical
assistance, office expenses, and with meeting space, as well as
access to County files and information needed to carry out its
functions. Requests for such assistance shall be
channeled through the County Administrator.
5.5.2 First Meeting of the Budget Committee:
On the call of the Board, the Budget Committee shall, after
public notice, hold a meeting at the County Building or at such
other location as is designated in the call, at least 90 days prior
to the commencement of the fiscal year. All
meetings of the Budget Committee shall be open to the public except
that the Budget Committee may hold executive sessions where
permitted by 1 M.R.S.A. § 405 (the Freedom of Access Law).
The Committee shall elect a chairperson from its membership
and may also appoint such other officers as it may deem necessary.
The Budget Committee may create such sub-committees as may be
necessary to effectively perform its duties. A
majority of the entire membership of the Budget Committee shall
constitute a quorum.
The Budget Committee shall have the authority to
reject or modify any line item in the budget by the affirmative vote
of 11 of its members. The Budget Committee's
proposed budget shall include proposed salaries and benefits for
5.5.3 Submission of Proposed Budget to Board:
When the Budget Committee has completed its
deliberations, it shall hold a public hearing to present its
proposed budget not less than 30 days before the beginning of the
fiscal year. Notice of the hearing must be given
in all newspapers of general circulation within the County at least
10 days before the hearing. Written notice of the
hearing and a copy of the proposed budget shall also be sent by
regular or electronic mail or delivered in person to each of the
municipal clerks in the county who shall be responsible for
notifying the municipal officials in their municipalities of the
proposed budget as well as the date and time of the budget hearing.
After the public hearing, the Budget Committee shall approve
a final proposed budget and transmit the same to the Board for its
5.5.4 Adoption of Budget; Tax Levy:
The Board has the authority to modify the proposed budget
and the authority to adopt the final budget for the County. The
Board shall act on the proposed budget in a timely fashion and, in
any event, shall vote to adopt the final budget not later than 15
days prior to the end of the fiscal year. The
budget as adopted shall be the final authorization for the
assessment of county taxes which shall be apportioned and collected
in accordance with 30-A M.R.S.A. § 706. A copy of
the final approved budget shall be filed with the State Auditor as
provided by law.
shall be two Budget Committee members from each district whose terms
will begin 120 days prior to the beginning of the fiscal year.
A Budget Committee vacancy will occur when a representative
no longer qualifies for membership.
The Board shall notify all municipal
officers in the County to caucus by County Commissioner District at
a specified date, time, and place for the purpose of nominating two
(2) residents of the district of voting age as candidates for the
County Budget Committee. At least one (1) of the
persons nominated must be a municipal official as defined in 30-A
M.R.S.A. § 722(2). A County Commissioner shall
serve as the nonvoting moderator for his or her district caucus.
Nominations shall be received from the floor and require a
majority vote of those present to be approved.
The names of those duly nominated shall be recorded and forwarded to
the Board to be placed on a written ballot.
Board shall have written ballots printed with the names of those
candidates selected in each County Commissioner District.
Each Commissioner District shall require a separate ballot
and each ballot shall specify each candidate's full name and
municipality. The Board shall distribute the
appropriate ballots to each municipality within a Commissioner
District. The municipal officers shall vote, as a
board, for two (2) Budget Committee members from the candidates on
the ballot. The municipal officers must vote for
at least one (1) candidate who is a municipal official.
After voting, the municipal officers shall return the ballot
to the Board by a certain date.
ballots shall be counted at a regular meeting of the Board.
Each municipality's vote shall be weighted according to the
formula set out in appendix B to this Charter to ensure that each
municipality's vote reflects its proportion of the Commissioner
District's total population. The candidate with
the highest vote total and who is a municipal official and the
candidate with the otherwise highest vote total are elected to
membership on the County Budget Committee for each district.
The Board shall:
municipality, in writing, of the election results;
results to the Secretary of State.
The appendices are not part of the Charter
itself and shall be amended after each decennial census to reflect
any changes in the Commissioner District boundary descriptions or
apportionment figures made necessary by changes in population.
The multipliers shall be adjusted after each decennial
220.127.116.11 Term of
Office: The term of office for Budget
Committee members is three (3) years.
No member of the Budget Committee
shall serve more than three consecutive terms.
A vacancy occurring on the Budget Committee must be
filled by the Committee for the balance of the unexpired term.
The person appointed to fill the vacant office must be from
the same municipality and district as the person vacating the
Members shall serve without compensation, but shall be
reimbursed from the county treasury for expenses lawfully incurred
by them in the performance of their duties.
appropriations shall be made by the Board from the contingency
account in accordance with state law.
Administrator shall be responsible for the preparation and
presentation of a five (5) year plan of the capital program to
accompany the proposed annual budget when it is presented to the
Board. The projections shall be considered as
informational and not binding upon the future actions of the County
Administrator or the Board.
Board shall have the authority to issue bonds, notes, or other
general obligation securities of the County in accordance with state
law. The Board may issue any form of tax, grant,
or bond anticipation certificate or note as authorized by the
Constitution or general laws of the State.
Board may contract with one or more member municipalities for the
receipt of funds to accomplish any of the purposes authorized by
this Charter and may, except as otherwise provided by law, incur
indebtedness in anticipation of the receipt of such funds by issuing
negotiable notes of the County payable in not more than one year,
which notes may be renewed from time to time by the
issuance of other notes, provided that no notes may be issued
or renewed in an amount which at the time of issuance or renewal
exceeds the amount of funds remaining to be paid under contracts
with one or more member municipalities.
To the extent
permitted by its appropriation and within each fiscal year, on
request of the County Administrator, the Board may transfer any
unencumbered balance of an appropriation or portion thereof to
another account, department, office, or agency of the County in
accordance with state law unless such funds were derived from income
restricted to the specific purpose for which they were originally
No provision of this
charter or orders adopted under its authority shall alter the
partisan nature of the nomination and elections of the Judge of
Probate, Sheriff, or Register of Probate, except as those elections
are amended by the law of the State. If
authorized by State law, any and/or all of the positions listed in
the preceding sentence may be permanently transferred to appointed
professional positions by a majority vote of the County electorate.
NOMINATION AND ELECTION OF COMMISSIONERS
No provision of this
charter or orders adopted under its authority shall alter the
partisan nature of the nomination and election of the County
Commissioners, except as it may be amended by the laws of the State.
ON COUNTY REFERENDA
Except as this Charter
or legislation enacted pursuant to it provide, the manner of
conducting an election on referendum questions shall be the manner
prescribed by the laws of the State for an election in the County on
The registered voters
of the County shall have the power to recall a County Commissioner,
but no recall petition shall be filed within ninety (90) days after
the Commissioner takes office or during the last 90 days of a
Commissioner's term, nor, in the case of a Commissioner subjected to
a recall election and not removed, until at least six months after
that recall election.
7.1 LETTER OF
A letter of "Intent to
Initiate Recall" shall be filed by the initiator of the recall with
the County Administrator, and the County Commissioner who is the
subject of the recall, and it shall contain the following:
municipality of residence, and the number of the County Commissioner
District in which the County Commissioner who is
the subject of the recall proceeding is residing;
reason for the recall;
The signature of
the initiator, printed name and address, municipality of residence,
and telephone number of the initiator who is the
signer of the letter;
A signed and
notarized statement by the registrar of voters in the initiator's
place of residence that the initiator is a duly registered voter of
the municipality within that County Commissioner District.
NOTIFICATION TO THE INITIATOR
Within 10 days of receipt of the letter of
"Intent to Initiate Recall," the County Administrator shall provide
notification in writing to the initiator of the letter to confirm
that it is in proper form and that the completed petitions must be
filed with the County Administrator within 90 days of the date of
notification. The last day that signatures can be
collected shall also be the date by which completed petitions must
be submitted to the County Administrator. The
County Administrator shall also provide a copy of the letter to the
County Commissioner who is the subject of the recall proceedings.
7.3 FORM FOR
Recall petitions shall be on forms provided by
the County Administrator in sufficient numbers so that each
circulator can have a copy. The petition shall
contain the following information:
7.3.1 Content: A
recall petition must contain the name of only one person to be
recalled, place of residence, the office held, and the number of
the County Commissioner District in which the person to be
recalled is residing at the top of each page.
7.3.2 Reason for Recall:
Immediately below the foregoing information, the alleged reason
or reasons for the recall shall be clearly and concisely stated.
7.3.3 By Whom Signed:
Each recall petition may be signed only by registered voters of
the County Commissioner District in which the recall is to take
place. Other signatures are void.
7.3.4 How Signed: The
voter must personally sign his or her name in such a manner as to
reasonably satisfy the registrar of the municipality of residence
that the name is recorded as a registered voter.
The voter's printed name and address must also be recorded on the
same line on the petition by either the voter or the circulator.
7.3.5 Date: The voter
must indicate the date of signing which shall be noted on the
petition after the municipality of residence.
7.3.6 Number of Signatures Required:
Petitions to recall an elected County Commissioner must
be signed by the voters of the County
Commissioner District in which the person to be recalled is residing
totaling at least 10% of the total number of votes cast for the
office in the last election, with signatures from each municipality
in the district. In the case of an incumbent
County Commissioner who is holding over beyond the date on which
this Charter was adopted, a petition for recall shall contain the
signatures of at least 5% of the total number of persons residing in
the district in which the Commissioner to be recalled resides.
The County Administrator shall specify the number of valid
7.3.7 When signed:
Petitions for recall may be signed only during the period commencing
with notification by the County Administrator as provided in section
7.2 and not later than 5:00 p.m. of the day designated in the
notification by the County Administrator for filing of the
7.4 REVIEW AND CERTIFICATION OF
7.4.1 Certification of Petitions:
The circulator of each copy of the petition shall verify
by oath or affirmation before a notary public or other person
authorized by law to administer oaths that all of the signatures on
that petition were made in the presence of the particular circulator
and, to the best of the circulator's knowledge and belief, each
signature is the signature of the person whose name it purports to
be and each person is a resident of the County Commissioner District
named in the petition.
7.4.2 Certification of Registrar:
The registrar of each municipality concerned shall
certify which names on the petition appear on the voting list of the
municipality as registered voters and shall strike out and thereby
cause to be invalid, the names of any unregistered voters.
7.4.3 Filed with County Administrator:
After certification by the registrar of each
municipality, the initiator shall cause the completed recall
petitions to be filed with the County
Administrator on or before the date designated in the notification
letter sent by the County Administrator to the initiator of the
7.4.4 Invalid Petitions:
A recall petition which does not conform to this article is
void. If a circulator fails to comply with this
article with respect to signing or printing a voter's name, address,
or date of signing, that voter's name may not be counted, but the
entire petition will not be invalid on that account.
7.4.5 Review of Petitions:
When presented with completed recall petitions,
the County Administrator shall review them and, if the petitions
contain the required number of certified names and are properly
completed as required by this article, shall accept and file them,
and notify the initiator and the County Commissioner who is the
subject of the recall.
7.4.6 Challenge to Petitions:
The Commissioner whose recall is being sought shall have
10 days from the date that he or she received the notice required by
§ 7.4.4 to challenge the validity of the petitions.
The County Administrator shall rule on the challenge within
30 days of receiving it.
7.5 CALLING THE RECALL ELECTION
7.5.1 The Board, upon receipt of the
certified petitions, shall within ten days order the municipality or
municipalities in the District in which the challenged County
Commissioner resides to hold a recall election by secret ballot in
the manner in which municipal special elections are conducted.
The election shall be held on a Tuesday not later than 90
days after the Board's order was issued. If such
an election cannot be held on the same date as a statewide election,
the County shall reimburse the municipalities involved in the
election process for the costs they have incurred in conducting the
7.5.2 The official against whom a recall
petition has been filed shall continue to perform the duties of the
office until the result of the recall vote is officially declared.
7.6 RECALL ELECTION BALLOT
The form of the question on the recall election
ballot shall be: "Shall Androscoggin County
Commissioner ___________ of District ____________ be recalled from
7.7 RESULT OF
The Board shall meet
the day following the recall election to certify the vote.
In the event of an affirmative vote for recall, the office of
the Commissioner being recalled shall be immediately declared
vacant. Any vacancy shall be filled in accordance
with procedures outlined in section 3.4.
The form of the
question on the referendum ballot to approve or disapprove the
adoption of the proposed Charter shall be:
"Shall the county
approve the new Charter for Androscoggin County drafted and
recommended by the Androscoggin County Charter Commission?"
This charter shall
become law thirty (30) days after the Governor has proclaimed that
it was approved by a majority of the legally registered voters in
This Charter may be
amended by a majority of the county voters pursuant to the laws of
the State of Maine.
The Charter shall be
formally reviewed by a Charter Commission at least every twenty (20)
CONTINUATION OF OFFICE
8.5.1 The Register of Deeds upon expiration
of his or her term, or vacancy in office, shall become an appointed
position as set forth herein.
8.5.2 The County Treasurer in office at the
time this Charter becomes effective shall remain in office for the
remainder of the terms for which they were elected.
8.6 EFFECT ON
All existing orders,
regulations, rules, and resolutions of the County shall remain
operative except where inconsistent or in direct conflict with this
Charter or repealed until amended by the Board.
CONTRACTS AND BONDS
All rights, actions,
proceedings, prosecutions, and contracts of the County or any of its
departments, pending or unexecuted when this charter goes into
effect and not inconsistent herewith, shall be enforced, continued
or completed in all respects as though begun or executed hereunder.
All outstanding bonds issued by former governments including
the Board of County Commissioners of Androscoggin County and all
special districts or authorities abolished or altered under this
charter are to remain obligations of County government; however,
payment of such obligations and the interest thereon shall be made
solely from and charged solely against funds derived from the same
sources from which such payment would have been made had this
charter not become effective.
If any part of this
charter is determined by a court of competent jurisdiction to be
unconstitutional or invalid, the remainder thereof shall remain in
full force and effect.
Amendment: November 4,
Add the following:
the final authority of the Board of Commissioners over the adoption
of the County budget under Section 5.5.4., no increase in the
salaries or expansion of benefits of elected officials is effective
without the approval of a majority plus one vote of the full Budget