(1)
Composition. There is established a superintending school committee,
hereinafter referred to as the school committee, composed of 7 members
elected at large by the qualified voters of the town.
(2)
Eligibility. Only qualified voters who at all times during their
term of office are and remain residents of the town are eligible to
hold the office of school committee member.
The regular election of school committee members is to be held each year in the manner provided in Article X. Each member is elected for a term of 3 years and serves until the member's successor is elected and qualified. In case any candidates receive an equal number of votes, their relative positions are determined by lot.
(1)
Applicability. A member of the school committee may be recalled
and removed from office by the qualified voters of the Town as hereinafter
provided.
(2)
Petition by voters. On the written petition of a number of voters
equal to at least 15% of the number of qualified voters registered
at the time of the most recent municipal general election, the town
council shall, by order, provide for a special recall election as
hereinafter provided.
(3)
Petition procedure; procedure after filing. Petition procedures
are to be those set forth in 30-A, MRS, § 2102, subsections
3 and 4, or any successor statute, except:
(a)
The wording required in 30-A, MRS, § 2102, subsection
3.B(1) is as follows:
"Town of Kittery"
"Each of the undersigned voters respectfully requests the town
council to provide for a special election on the question of recalling
and removal of (insert name and address) from the office of school
committee"
(b)
This required wording is to be followed by a statement of the
reasons(s) why recall and removal is sought.
(c)
Any notice required to be furnished to the petitioners'
committee must also be given the committee member whose recall is
sought, by the same means and in the same time frame.
(4)
Calling of election. Within 20 days of receiving the clerk's
certificate of sufficiency, or of the town council's determination
of sufficiency, the council shall, by order, call for a special election
on the recall question, such election to be held not earlier than
45 days nor later than 60 days after the order.
(5)
Form of ballot. The question submitted to the voters must be
in substance as follows:
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"Do you favor recalling and removing (name and address) from
the office of school committee?"
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YES
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NO
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(6)
Count of ballot. For any committee member to be recalled and
removed from office, both the following criteria must be satisfied:
(7)
Limitation on recall. During the first 6 months of any term,
no committee member is subject to a recall election, nor is a committee
member subject to more than two recall elections in any term.
School committee members are each entitled to receive $20.00
per regular and/or special meeting attended as compensation for their
services and the committee may provide in its budget for actual and
necessary expenses. Such compensation may be changed by ordinance
but no ordinance increasing the compensation becomes effective until
the date of commencement of the terms of school committee members
elected at the next regular election, provided that such election
follows the adoption of such ordinance by at least 6 months.
(1)
Election. At its first meeting or as soon thereafter as practicable,
the school committee must elect, by majority vote of the entire seven-member
committee, one of its members to serve as chairperson for the ensuing
year.
(2)
Vacancy. The school committee is to fill any vacancy that may occur
in the office of chairperson, from among its members, for the unexpired
term by a majority vote of the committee. In the temporary absence
or disability of the chairperson, the committee may elect, from among
its members, a chairperson pro tempore who exercises all the powers
of the chairperson during such temporary absence or disability of
the chairperson.
(3)
Duties. The chairperson presides at meetings of the school committee.
The chairperson is entitled to vote on school committee matters and
that vote is counted as a vote of the other members of the committee.
The school committee has all the powers conferred by law and
must perform all the duties imposed by law upon school committees
in regard to the care and management of the public schools of the
town.
The school committee must provide for the method of preparing
and submitting the annual school budget in detail to the town manager
at least 90 days before the beginning of the fiscal year. It must
also submit a complete list of estimated receipts not less than 50
days before the beginning of the fiscal year. As an exception to this
rule submission of estimated receipts may be deferred to a later date
which may have been mandated for that year by the state legislature
or the state board of education.
At the next regular meeting following the day of election, or
as soon thereafter as practicable, all committee members-elect are
to be sworn to the faithful discharge of their duties by the town
clerk or by any other person authorized to administer an oath.
The school committee is the judge of the election and qualifications of its members and of the grounds for forfeiture of their office as set forth in § 4.10, subsection 2, and for that purpose has the power to subpoena witnesses as provided in § 12.03, administer oaths and require the production of evidence. A school committee member charged with conduct constituting grounds for forfeiture of office is entitled to a public hearing on demand, and notice of such hearing must be published in one or more newspapers of general circulation in the town at least one week in advance of the hearing. Decisions made by the school committee under this section are subject to review by the Superior Court.
(1)
Meetings. The school committee must meet regularly at least once
in every month at such times and places as the school committee may
prescribe by rule. Special meetings may be held on the call of the
chairperson or of four or more members and, whenever practicable,
upon no less than 12 hours' notice to each member as defined
by the rules adopted under this section, subsection 2. All meetings
must be public.
However, the committee may recess for the purpose of discussing
in a closed or executive session, limited to its own membership and
the school superintendent or qualified officers and advisors concerned
with the matter to be discussed, any matter which qualifies under
State statute, provided the general subject matter for consideration
is expressed in the motion calling for such session and that final
action thereon is not taken by the committee until the matter is placed
on the agenda.
(2)
Rules and journal. The school committee shall adopt its own rules
and order of business; provide for the manner of giving notice of
special meetings to its members and to the public; and keep a journal
of its proceedings. This journal is a public record.
(3)
Voting. Voting, except on procedural motions, is by roll call and the ayes and nays are to be recorded in the journal. Four members of the school committee 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 school committee. At least 12 hours' notice of the time and place of holding such adjourned meeting must be given all members who were not present at the meeting from which adjournment was taken. No action of the school committee, except as otherwise provided in the second sentence of this subsection and in § 4.10 is valid or binding unless adopted by the affirmative vote of 4 or more members of the committee.
Except where authorized by law, no school committee member may
hold any other office or employment with the school department or
in a town department during the term for which the member was elected
to the school committee, and no former school committee member may
hold any compensated appointive town or school office or employment
until one year after the expiration of the term for which the member
was elected to the school committee.
(1)
Vacancies. A vacancy in the office of a school committee member occurs
by one or more of the following means:
(a)
Nonacceptance;
(b)
Resignation;
(c)
Death;
(d)
Failure to qualify for office within 10 days after written demand
by the municipal officers;
(e)
Failure of the municipality to elect a person to office;
(f)
Forfeiture of office;
(g)
Recall and removal; or
(h)
Any other manner authorized by law or this charter.
(2)
Forfeiture of office. A school committee member forfeits office if
the committee member:
(a)
Lacks any qualification for the office prescribed by this charter
or by law,
(b)
Violates any express prohibition of this charter,
(c)
Is convicted of a crime involving moral turpitude, or
(d)
Fails to attend 3 consecutive regular meetings of the school
committee without being excused by the school committee.
(3)
Filling of vacancies. If for any reason a vacancy exists in the membership of the school committee more than 6 months prior to the regular municipal election, the vacancy is to be filled by a special election for the unexpired portion of the term. In the event such vacancy occurs fewer than 6 months prior to the next regular municipal election, the vacancy may be filled for the unexpired portion of the term by a special election to be called by the municipal officers. Any such special elections must be conducted in accordance with the provisions of Article X.
