The Town of Topsham has adopted the Town Meeting - Selectman - Manager form of government. Under this form of government the legislative and executive functions are divided. The purpose of this section is to define the executive role and attendant duties of the Board of Selectmen in carrying out its policy functions as part of Topsham's town government, to clarify the separation of the Board's executive role from the legislative role of the Town Meeting, and the administrative role of the Town Manager.
A. 
The Town Meeting performs the election function and the legislative function of adopting governmental policy, levying taxes and raising and appropriating monies, authorizing the contracting of debts, among other things.
B. 
Board of Selectmen.
(1) 
The Board of Selectmen is the executive body that interprets, processes, and sets the policies of the Town and chooses the course of action between Town Meetings, has ultimate administrative responsibility to see that governmental policies are carried out (but must deal with administration solely through the Town Manager), and appoints and supervises the Town Manager.
(2) 
30-A M.R.S.A. § 2635 states that the Board of Selectmen is to act as a body and that administrative service is to be performed through the Town Manager, Town departments and Town committees. The statute states "It is the intention of this subchapter that the Board of Selectmen as a body [emphasis added] shall exercise all administrative and executive powers of the Town except as provided in this subchapter."
(3) 
The Board of Selectmen shall deal with the administrative services totally through the Town Manager and shall not give orders to any subordinates of the Manager, either publically or privately. This section does not prevent the Board of Selectmen 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.
(4) 
Duties of the Board of Selectmen. A member of the Board of Selectmen, in relation to his or her community should:
(a) 
Realize that his or her basic function is to make policy, with administration delegated to the Town Manager;
(b) 
Realize that he or she is one of a team and should abide by, and carry out, all Board decisions once they are made;
(c) 
Be well informed concerning the duties of a Board member on both local and state levels;
(d) 
Remember that he or she represents the entire community at all times;
(e) 
Accept that the role of a member is a means of unselfish service, not to benefit personally or politically from his or her Board activities;
(f) 
Abide by the ethics guidelines established by the State of Maine and not use the position of Selectmen to obtain inside information on matters that may benefit someone personally.
(5) 
A member of the Board of Selectmen, in his or her relations with the Town Manager, should:
(a) 
Endeavor to establish sound and clearly defined policies that will direct and support the administration for the benefit of the staff and residents of the community;
(b) 
Recognize and support the administrative chain of command and refuse to act on complaints as an individual outside the administration;
(c) 
Give the Town Manager full responsibility for discharging his or her disposition and/or solutions;
(d) 
When a situation comes to the attention of a Board member, convey that information to the Town Manager for consideration and resolution or action as the Town Manager may deem appropriate. Inform the other Board members of suggestions and information conveyed to the Town Manager;
(e) 
Not give orders or directions to the Town Manager for action as an individual Board member;
(f) 
Not give instructions to or request assistance from the Town department heads, but rather channel all such activities through the full Board and the Town Manager.
(6) 
A member of the Board of Selectmen, in his or her relations with fellow Board members, should:
(a) 
Recognize that action at official legal meetings is binding, and that he or she alone cannot bind the Board outside of such meetings;
(b) 
Not make statements or promises of how he or she will vote on matters that will come before the Board until he or she has had an opportunity to hear the pros and cons of the issue during a Board meeting;
(c) 
Uphold the intent of executive session and respect the privileged communication that exists in executive session;
(d) 
Make decisions only after all facts on a question have been presented and discussed;
(e) 
Refrain from communicating the position of the Board of Selectmen to anyone unless the full Board has previously agreed on both the position and the language of the statement conveying the position;
(f) 
Treat with respect the rights of all members of the Board despite differences of opinion.
(7) 
A member of the Board of Selectmen, in his or her relations with Town staff, should:
(a) 
Treat all staff as professionals and respect the abilities, experience, and dignity of each individual;
(b) 
Limit contact to specific Town staff. Questions of Town staff and/or requests for additional background information should be directed only to the Town Manager;
(c) 
Never publically criticize an individual employee. Concerns about staff performance should only be made to the Town Manager through private conversation;
(d) 
Insure that all requests for staff support go through the Town Manager's office;
(e) 
Insure that any materials or information provided to the Selectmen from a staff member be made available to all Selectmen.
C. 
Town Manager.
(1) 
Powers and duties of the Town Manager. The powers and duties of the Town. Manager are as described in 30-A M.R.S.A. § 2636: The Town Manager shall perform such other duties related to the functions, duties and authorities as may be prescribed by the Board of Selectmen and by any applicable state or local laws or ordinances.
(2) 
The Town Manager executes and carries out the government and fiscal policies with guidance from the Board of Selectmen and has direct responsibility for and authority over all administrative functions. The Town Manager carries out the day-to-day operations of the Town, acting as Chief Administrator.
(3) 
The Town Manager is the single chief administrator accountable to the Board of Selectmen for the performance of his/her duties. The Town Manager is given the responsibility to appoint, subject to the personnel policies of the Town of Topsham, all department heads, and through them, all other employees. The Town Manager prepares the financial plan for approval by the legislative body and is responsible for administering the budget once enacted. The Town Manager is specifically responsible for all the administrative functions. The Town Manager coordinates all administrative activities. The Town Manager is in a position to provide expert information on the needs and status of various governmental activities. The Town Manager regulates departmental spending and reports on the financial needs of each of the branches of government. Within the framework of the policies laid down by the legislative and executive body of the Town, the Town Manager can formulate and carry out an administrative plan for governmental activity allowing for regular and orderly development. (Source of reference - National Municipal League, Forms of Municipal Government, 1968, p. 12).
Source of reference - JJ Haag, The Manager Plan in Maine, 1971, pp. 42 (see chart 11)
Town Meeting/Board of Selectmen/Town Manager Form of Government