[Adopted by Town Meeting 6-15-2005 by Art. 29]
There is hereby established an Appeals Board pursuant to 30-A M.R.S.A. §§ 2691 and 3001.
Members of the Appeals Board shall be appointed by the municipal officers and shall be sworn by the Municipal Clerk or other person authorized to administer oaths.
The Board shall consist of five regular members and two alternate members.
The term of each member shall be three years, except the initial appointments, which shall be one for one year, two for two years, and two for three years, respectively. The term of office of an alternate member shall be three years.
When there is a permanent vacancy, the municipal officers shall, within 90 days of notification of such occurrence, appoint a person to serve for the unexpired term. A vacancy shall occur upon the resignation or death of any member, or when a member ceases to be a legal resident of the Town, or when a member fails to attend four consecutive regular meetings, or fails to attend at least 75% of all meetings during the preceding twelve-month period. When a vacancy occurs, the Chair of the Board shall immediately so advise the municipal officers in writing. The Appeals Board may recommend to the municipal officers that the attendance provision be waived for cause, in which case no vacancy will then exist until the municipal officers disapprove the recommendation. The municipal officers may remove members of the Appeals Board by majority vote, for cause, after notice and hearing.
Neither a municipal officer nor his or her spouse may serve as a member or alternate member of the Appeals Board.
The Appeals Board shall elect a Chair and Vice Chair from among its members. The Appeals Board may either elect a Secretary from among its members or hire or request the Town Manager to hire a non-Board member to serve as Secretary. The term of all offices shall be one year with eligibility for reelection.
When a member is unable to act because of interest, physical incapacity, absence or any other reason satisfactory to the Chair, the Chair shall designate an alternate member to sit in his or her place.
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members present, except the member who is being challenged.
An alternate member is expected to attend all meetings of the Appeals Board and may participate in its proceedings, but may make and second motions and vote only when he or she has been designated by the Chair to sit for a member.
The Chair shall call at least one regular meeting each month, provided there is business to conduct. Special meetings may be called at any time by the Chair or by a majority of the members. Notice of regular, special and emergency meetings shall be given in accordance with the Maine Freedom of Access Act.
Editor's Note: See 1 M.R.S.A. § 400 et seq.
No meeting of the Board shall be held without a quorum consisting of three members or alternate members authorized to vote. No action shall be taken by the Board without at least three concurring votes on the issue before the Board.
The Appeals Board shall adopt rules and procedures for transaction of business, and the Secretary shall keep a record of its resolutions, transactions, correspondence, findings, and determinations. All records shall be deemed public and may be inspected at reasonable times.
The Appeals Board shall file all rules, procedures (and subsequent revisions) and decisions with the Municipal Clerk.
The Appeals Board shall perform such duties and exercise such powers as are provided by Town of Casco ordinance and the laws of the State of Maine.
The Appeals Board may obtain goods and services necessary to its proper function within the limits of appropriations made for the purpose by the legislative body of the municipality.
Should any section or provision of this article be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this article.