Town of Camden, ME Select Board

Composition. The Select Board shall consist of five (5) members, elected at each municipal election to fill those positions that have become vacant.

Eligibility. Only qualified voters (see definition in Glossary) of the Town of Camden shall be eligible to hold office as a Select Board member. Select Board members shall reside in the Town throughout their term of office. A qualified voter shall be a resident (see definition in Glossary), a U.S. citizen, and at least eighteen (18) years of age. State Law Reference: Title 30-A MRS, § 2526.

Holding Other Offices. No member of the Select Board shall be an employee of the Town while serving on the Select Board.

Section 2.03 Terms.

Terms. The members shall serve staggered terms of three (3) years.

Section 2.04 Compensation and Expense Reimbursement.

Compensation. Members of the Select Board shall receive annual compensation for their services established by voters at the annual Town Meeting. Members serving unexpired terms shall be paid on a prorated basis for time served.

Expense reimbursement. Members of the Select Board shall receive reimbursement for actual and authorized expenses incurred in the performance of the duties of the office.

Section 2.05 Induction of Select Board Members into Office.

Following the day of the election, or as soon thereafter as practicable, all Select Board members shall be sworn to the faithful discharge of their duties by the Town Clerk or by any other person authorized to administer the oath.

Section 2.06 Organizational Meeting.

The members of the newly constituted Select Board shall meet within 24 hours after their election, or as soon thereafter as practicable.

The Select Board shall, at its organizational meeting or as soon thereafter as possible, elect a Chair and Vice-Chair for the ensuing year.

The Select Board shall, at its organizational meeting or as soon thereafter as possible, establish a time and place for holding its regular meetings.

Section 2.07 Select Board Chair and Vice-Chair.

The Chair, or Vice-Chair in the absence of the Chair, shall preside at meetings of the Select Board and shall be entitled to vote on Board matters.

The Chair, or Vice-Chair, is responsible for calling special meetings of the Select Board when such meetings are necessary.

The Select Board Chair shall be recognized as head of the Town government for all ceremonial purposes and by State or Federal officials during states of emergency.

Section 2.08 Vacancies and Filling of Vacancies.

Vacancies. The office of a Select Board member shall become vacant upon a member's failure to qualify for office within ten (10) days after written demand by the Town Clerk, non-acceptance, resignation, death, permanent disability (if the essential functions of the job cannot be met through reasonable accommodations), or removal in any manner authorized by law or this Charter, or forfeiture of office.

Filling of Vacancies. If a seat on the Select Board becomes vacant more than four (4) months prior to the next regular Town Meeting, the Select Board shall call a special election to fill the unexpired term within sixty (60) days from the date the vacancy occurred. If the vacancy occurs less than four (4) months prior to the next regular Town Meeting, the office shall remain vacant until the next Town Meeting.

State Law Reference: Title 30-A MRS, § 2602.

Section 2.09 Forfeiture of Office and Notification of Forfeiture.

Forfeiture of office. Following a hearing by the Select Board and an affirmative vote of at least three (3) Select Board members, a member may be required to forfeit their office if the member:

Lacks at any time during their term of office any qualification for the office prescribed by this Charter or by law; or

Violates any express prohibition of this Charter or is convicted of a crime or offense which is reasonably related to their ability to serve as a Select Board member while in office; or

Fails to attend three (3) regular meetings in any six-month period without being excused. A request for an excused absence shall be submitted in writing. An absence shall be excused upon a finding by the Select Board Chair that request for approval of an excused absence is reasonable. Factors to be considered shall include, but not be limited to, attendance record, circumstances beyond the control of the absent member, professional or family commitments, and illness or medical treatments;

(d)

Absences not in adherence to an established remote participation policy may be classified as an unexcused absence.

(e)

Has been recalled from office as provided by State Law Title 30-A MRS, § 2505.

Notification of Forfeiture. Any Select Board member deemed to have forfeited their office under this section shall be notified in writing by certified mail by the Select Board.

Section 2.10 General Powers and Responsibilities.

All powers of the Town shall be vested in the Select Board, except as otherwise provided by law or this Charter, and the Select Board shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Town by law.

Section 2.11 Enumeration of Powers and Responsibilities.

Annual appointments. Annual appointments shall be made at the organizational meeting of the Select Board, or as soon thereafter as possible, and as vacancies occur.

Town Manager.

(i)

No later than at the third regular meeting and after their organizational meeting, the Select Board shall review, appoint, renew, or reappoint a Town Manager by an affirmative vote of three (3) members, provided that any contract entered into by and between the Select Board and Town Manager shall not exceed three (3) years. The Town Manager may not be a member of the Select Board.

(ii)

The Select Board may, where appropriate and where not prohibited by law, vest in the Town Manager all or part of the duties of any office.

(iii)

The Select Board may appoint the Town Manager to act as the Overseer.

Other Appointed Positions. By an affirmative vote of three (3) members, the Select Board shall appoint the Fire Chief, Police Chief, Town Attorney, Assessor, and Health Officer, and shall have the authority to remove such appointees in accordance with the laws of Maine. None of these appointees may be a member of the Select Board.

Other Officers and Boards. By an affirmative vote of three (3) members, the Select Board shall appoint their Overseer, and the members of the Planning Board, the Zoning Board of Appeals, the Conservation Commission, and such other boards and officers when appointments are required by State or Federal law or Town ordinance. Members of these Boards shall be residents of the Town of Camden.

State Law Reference: Title 30-A MRS, § 2526 and 2631; 22 MRS, § 451.

Advisory Committees. As it deems necessary, the Select Board may establish advisory committees and appoint committee members by an affirmative vote of three (3) Select Board members. In establishing an advisory committee, the Select Board shall outline the committee's purpose, responsibilities, membership qualifications, terms, and shall appoint a liaison from the Select Board. A public hearing shall be held before the Select Board discontinues or suspends an advisory committee.

Creation of Departments. The Select Board may establish departments, offices, or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this Charter to a particular department, office, or agency may be discontinued or assigned to any other, unless this Charter specifically so provides.

(4)

Investigations. The Select Board, or its authorized committees, or commissions of its own members, or of citizens appointed by the Select Board, may make investigations into affairs of the Town and the conduct of any Town department, office, or agency. Title 30-A MRS § 2635.

(5)

Financial Responsibilities. The Select Board shall regularly oversee and monitor all municipal appropriations and expenditures, sign Warrants authorizing all disbursements of the Town, and establish a policy for financial procedures to follow generally accepted accounting practices for municipalities. (Also see: Article VI Section 6.10.)

(6)

Charter Review. Nothing in this section shall be construed to limit the authority of the Select Board to propose a Charter amendment or revision by its own resolve or motion, at any time, as provided by law.

Appointment of Charter Review Committee. Commencing in January of 2027 and every fifth (5th) year thereafter, a Charter Review Committee consisting of five (5) members shall be appointed every fifth year by the Select Board to review and recommend changes in the Charter. In addition to the five-member committee, a member of the Select Board shall serve as a non-voting advisory member.

Charter Amendments. If the proposed changes are for proposed Charter amendments, the Select Board shall review them and determine which ones, and in what form, will be referred to the voters, pursuant to Title 30-A MRS § 2101, et seq., as amended.

Charter Revisions. If the proposed changes constitute a revision of the Charter, the Select Board shall review them. If it determines the revision of the Charter is warranted, the Select Board shall refer the matter to the voters for creation of a Charter Commission, pursuant to 30-A MRSA Section 2101, et seq., as amended.

Section 2.12 Prohibitions.

Appointments and Removals. Neither the Select Board nor any of its members shall dictate the appointment or removal of any administrative officers or employees whom the Town Manager or other persons in authority are empowered to appoint or employ.

Interference with Administration. The Select Board and individual Select Board members are prohibited from dealing directly with Town officers or employees who are subject to the direction and supervision of the Town Manager or other persons in authority. Neither the Select Board nor its members shall give orders to any such officer or employee, either publicly or privately.

Limitations of Select Board Action. The Select Board shall act as a unit, settling all questions by formal vote in an authorized meeting. Members must not act individually unless some duty has been delegated to them by the Select Board. Select Board members in the minority may issue a formal minority report.

State Law Reference: 30-A MRS, § 2635.

Section 2.13 Public Access, Select Board Meeting Protocol and Procedures, and Record Keeping.

Public Access. All regular and special meetings of the Select Board shall be open to the public. State Law Reference: Title 1 MRS, § 401 et. seq.

Regular Meetings. The Select Board shall meet regularly at least once a month.

Special Meetings. A special meeting is defined as any meeting that is held outside the regularly scheduled meetings of the Select Board. The Select Board shall determine the location of special meetings to be held at such time and place as is legal and proper to transact the necessary business at hand. Members of the Select Board shall be given at least twenty-four (24) hours' notice of any special meeting, except for emergency circumstances in which the Select Board members and the press shall be given as much notice as practically possible.

(4)

Notice of Meeting. Notice shall be given in local media and on the Town website of the time and place of regular and special Select Board meetings by at least the Friday prior to the week of such meetings.

(5)

Agenda. The agendas of regular and special Select Board meetings shall appear on the Town website and at the Town Office at least twenty-four (24) hours in advance of the meeting.

(6)

Quorum. Three (3) members of the Select Board shall constitute a quorum. No action of the Select Board shall be binding or valid unless adopted by an affirmative vote of at least three (3) members, except as provided in 30-A MRS, § 2521(2) which allows for a majority of remaining Select Board members to call a Town Meeting. (See: Camden Charter, Article I § 1.02(1a.).

(7)

Executive Session. The Select Board may by an affirmative vote of three (3) members vote to discuss matters in a closed or executive session to the extent that the matter is a permitted deliberation as identified in Title 1 MRS, § 405(6) or any other enabling statute, and is in accordance with the procedures specified in that statute or any other applicable existing statute. Final action on any matter taken up in such closed session, except those matters which are permitted or required by law to be acted upon in closed session, shall not be voted on by the Select Board until such a matter is placed on the agenda of a regular or special Select Board meeting and voted upon at such a meeting.

(8)

Rules and Record Keeping.

Rules. The Select Board shall determine at its organizational meeting, its own rules and order of business to be followed by the Board for the ensuing year. A written record (see definition in Glossary) of these rules shall be made available for public inspection and publication.

Record of proceedings. The Select Board shall provide for the keeping of an accurate, permanent digital recording (see definition in Glossary) of its meetings and for maintaining a written record of its proceedings, such recordings and written records to be a public record and maintained off-site.

Record of attendance. A record of attendance of Select Board members at all regular and special meetings shall be maintained and published in the annual Town Report.

Section 2.14 General and Administrative Ordinances.

The Select Board shall have the authority to enact all general and administrative (see definition in Glossary) ordinances authorized to be enacted by the municipal officials and shall follow the procedures for enactment as provided by statute (see definition in Glossary). The authority for the enactment of all other ordinances authorized to be enacted by the municipality shall be held in the legislative body, except for emergency ordinances as provided in Section 2.15. Except for emergency ordinances, or those with dates specified by statute, ordinances shall become effective seven (7) days after adoption unless otherwise specified therein.

State Law Reference: Title 30-A MRS, Chapter 141; Title 22 MRS, § 4305.

Section 2.15 Emergency Ordinances.

Emergency ordinances affecting life, health, property, or the public peace may be introduced or adopted in accordance with the procedures for regular ordinances, except that pre-adoption, publication, and notice of public hearing requirements may be omitted, provided the enacting clause of the emergency ordinance sets forth a statement of the emergency. An emergency ordinance may be adopted by voters of the Town of Camden, with or without amendment at the meeting at which it is introduced. An emergency ordinance so enacted shall be automatically repealed after the time specified in the ordinance, but not later than the sixty-first (61st) day following the date on which it was adopted.

Section 2.16 Authentication and Recording of Ordinances.

Ordinances Adopted by the Select Board. All ordinances and resolutions adopted by the Select Board shall be authenticated by the signatures of the Chair and Vice-Chair of the Select Board, and recorded by the Town Clerk in a properly indexed book kept for that purpose.

Ordinances Adopted by the Voters. All ordinances and resolutions adopted by the voters of the Town shall be authenticated and recorded in full by the Town Clerk in a properly indexed book kept for that purpose.

Section 2.17 Codification of Ordinances and the Camden Code.

Codification (see definition in glossary). Within three (3) years after adoption of this Charter, the Select Board shall provide for the preparation of a general codification of all ordinances and resolutions having the force and effect of law. The general codification shall be adopted by a majority vote of the Select Board and shall be in loose-leaf written form and an electronic (see definition in Glossary) form together with this Charter and any amendments thereto, and with such codes of technical regulations and other rules and regulations as the Board may specify. This compilation shall be known as the Camden Code.