Town of Kennebunkport, ME Article I Elected Officers

§ 5-1 Town Meeting Moderator.

A. Election. Each Town Meeting shall elect a Moderator as prescribed by statute.

B. [1]Duties. In addition to the duties prescribed by statute, the Town Meeting Moderator shall appoint a sufficient number of members to the Budget Board to constitute a Board consisting of 12 members, the terms of four members expiring every three years.

[1] Editor's Note: Former Subsection B, regarding qualification, was repealed 11-8-2022. This legislation also renumbered former Subsection C as Subsection B.

§ 5-2 Selectmen.

A. Number. There shall be five Selectmen elected at large, for staggered terms of three years each.

B. Qualifications. Selectmen shall be registered voters of the Town.

C. Vacancy. The office of a Selectman shall become vacant upon the death, resignation, nonacceptance, permanent disability, incompetence or removal from office in any manner authorized by law or by this code and upon the failure to qualify, failure to elect, or forfeiture of office.

D. Forfeiture of office.

(1) A Selectman shall forfeit his office if he:

(a) Lacks at any time during his term of office any qualification for the office described by this code or by statute;

(b) Is convicted of a felony or a crime involving moral turpitude;

(c) Misses three consecutive regularly scheduled meetings of the Board for reasons other than those of health. If illness or health reasons are claimed, the Board may request verification from a doctor; or

(d) Misses five regularly scheduled meetings in any three-month period.

(2) If a Selectman's absence is due to extenuating circumstances as determined by a majority of the Board, the requirements of Subsection D(1)(c) and (d) above may be waived.

E. Filling of vacancies. If a vacancy in the office of a Selectman shall occur when there are more than 90 days remaining before the next regular Town Meeting, the remaining Selectmen shall call a Special Town Meeting for the election of a qualified person to fill such vacancy. If a vacancy shall occur when there are less than 90 days remaining before the next regular Town Meeting, the remaining Selectmen may, in the exercise of their sole and absolute discretion, call a Special Town Meeting to fill such vacancy. If at any time two of more offices in the Board of Selectmen are vacant, a Special Town Meeting and election shall be held to fill such offices. In the event that all five positions on the Board of Selectmen are vacant, the aforesaid Special Town Meeting shall be called by the Town Clerk.

F. Selectmen's salary. Selectmen shall be paid a yearly salary as determined by the Annual Town Meeting.

G. Expenses. Selectmen shall be reimbursed for their actual and necessary expenses incurred during the performance of their duties, provided such expenses shall be approved by the full Board.

H. General powers and duties. The Board of Selectmen shall have all powers of the Town which can be legally vested in the Board of Selectmen except as otherwise provided by ordinance, statute or this code.

I. Enumeration of responsibilities. The powers and duties of the Board of Selectmen shall include, but not be limited to, the following:

(1) To be overseers of the poor;

(2) To provide for an annual audit pursuant to statute;

(3) To appoint members of the Planning Board, the Zoning Board of Appeals, the Board of Assessment Review, and other boards, agencies and positions as provided by statute and by this code. The Board of Selectmen reserves the right to use whatever factors it deems appropriate in considering the appointment or reappointment of a citizen to a Town board or commission;

(4) To propose to the Town Meeting the enactment or repeal of ordinances which require approval by a Town Meeting;

(5) To adopt, amend or repeal ordinances and regulations which do not require approval by a Town Meeting;

(6) To provide for the granting of licenses and permits for the conduct of any business in accordance with statute for such periods of time and in accordance with such rules and regulations not inconsistent with statute and upon payment by the licenses of such fees as the Board of Selectmen may establish;

(7) To recommend a budget to the Annual Town Meeting;

(8) To adopt and modify the official maps of the Town;

(9) To oversee all activities within the Town government, but not to direct Town employees, either in public or in private, such being the responsibility of the Town Manager. Notwithstanding the above and with the exception of personnel matters, the Board of Selectmen has the authority to discuss any issue affecting the Town with any employee of the Town;

(10) To inquire into the conduct of any office, department or agency of the Town and make investigation as to all municipal affairs not otherwise provided for by ordinance or statute;

(11) To adopt purchase procedures providing for the delegation of purchasing authority to department heads and/or the Town Manager within defined categories and limits;

(12) To prepare and post in the Town Office an agenda for its regular and special meetings one day in advance thereof, indicating the time and place of the meeting and the matters to be considered;

(13) To obtain professional services on behalf of the Town, including but not limited to legal services, accounting services and engineering services;

(14) To adopt regulations for the management of Government Wharf, the Cape Porpoise Pier and the Kennebunkport parking lot system;

(15) To adopt regulations for the internal management of the several municipal departments;

(16) To confirm the appointment by the Town Manager of the heads of the several municipal departments and to delegate to department heads the power to make internal regulations and operating procedures for such departments;

(17) To the extent permitted by state law, to establish fees for public services provided by the Town government;

(18) To the extent permitted by state law and consistent with the interlocal agreements between Arundel, Kennebunk and Kennebunkport, to adopt regulations for the management of the Kennebunk River and Cape Porpoise Harbor and to delegate to the respective Harbor Master the power to make such further regulations as may be necessary for the proper usage of those waterways, such regulation and management of the Kennebunk River to be conducted in conjunction with other towns, where appropriate;

(19) To enact emergency regulations and ordinances as may be permitted by statute;

(20) To appoint ad hoc advisory or study committees as the need may arise and to charge them with specific duties;

(21) To declare as "surplus" certain old or used equipment or property which is no longer of significant use to the Town, and to dispose of said equipment or property on such terms as the Selectmen deem to be in the Town's best interest;

(22) To evaluate on an annual basis the duties, performance and performance objectives of the Town Manager; and

(23) To appoint members of boards and committees as provided herein but not to direct or attempt to direct the Zoning Board of Appeals or the Planning Board in their decision making on the appeals and applications before them.

J. Assumption of office. The Board of Selectmen shall meet within five days following adjournment of the Annual Town Meeting or at any special Selectmen's meeting duly called. At such meeting, all Selectmen elected shall be sworn to the faithful discharge of their duties by the Town Clerk or a notary public.

K. Chair. At the first meeting of the Board of Selectmen following the adjournment of the Annual Town Meeting, or as soon thereafter as practicable, the Board shall elect by majority vote of the entire Board one of its members as Chair and one of its members as Vice Chair for the ensuing year. The Board may fill, at any time, at any meeting duly called therefor, any vacancy in the office of Chair or Vice Chair that may occur. The Chair shall preside at the meetings of the Board and shall be recognized as head of Town government for ceremonial purposes and by the Governor of the State of Maine for the purposes of military law. The Chair shall be entitled to a vote, which vote shall be counted in all matters and things as a vote equal to that of the other members of the Board. In the temporary absence or disability of the Chair, the Vice Chair shall exercise the powers of the Chair during the temporary absence or disability.

L. Meeting procedure.

(1) The Board of Selectmen shall hold a regular meeting the second and fourth Thursday evenings of each month at the Town offices or such other times and places as the Selectmen shall announce in the agenda of their meeting. Special meetings may be held on the call of the Chair or any member upon no less than 12 hours' notice to each member of the Board, whenever possible. Emergency meetings of the Board of Selectmen may be called at any time by the Chair or by any member of the Board.

(2) Any action taken at any such emergency meeting by a quorum present thereat shall be deemed the lawful action of the Board of Selectmen. All meetings of the Board of Selectmen shall be open to the public, reserving to the Board of Selectmen the right to recess for the purpose of holding discussion in an executive session, as permitted by state statutes, provided the general subject matter for consideration is expressed in the motion calling for executive session and that any final action taken by the Board be taken in public session. The Selectmen shall keep minutes of their proceedings, which minutes shall be available to the public in the Town office. Voting, except on procedural motions, shall be by ayes and nays and shall be recorded in the minutes of the Board of Selectmen. Three members of the Board of Selectmen shall constitute a quorum for the conduct of business. A majority of the Board of Selectmen (not a majority of the quorum) is needed to pass a motion.

§ 5-3 Removal.

[Amended 11-8-2022]

Any elected official of the Town of Kennebunkport, including RSU #21 Directors, may be removed from elective office by the voters of the Town of Kennebunkport in the following manner:

A. A number of voters equal to at least 10% of votes cast in the Town at the last gubernatorial election, but in no case less than 10, may present a written petition, which petition shall fully set forth the reasons therefor, to those members of the Board of Selectmen having no conflict of interest in the subject matter of said petition;

B. In or within 15 days after the receipt of such petition, said Selectmen shall hold a public hearing on said petition, which hearing shall be restricted and limited to presentation and discussion of those matters set forth in the petition. Said public hearing shall be conducted by said Selectmen having no interest in the subject matter of the petition in accordance with rules of conduct and guidelines established by and set forth by them at the outset of the hearing;

C. Notice for the aforesaid public hearing shall be given in the same manner as is provided for and established with regard to notice for a Town Meeting;

D. In or within 15 days after the aforesaid public hearing, a Town Meeting shall be called by the said Selectmen and a vote by secret ballot shall be taken; and

E. In the event of an affirmative vote for such removal, such vote shall take effect and such removal shall be effective as of recording thereof in the record of the meeting, subject to such recount of the vote as may be requested and provided by statute.