The Select Board shall consist of five members elected by voters of the Town, and shall exercise all executive powers of the Town.
The duty of the Select Board is to execute the will of the people, protect and maintain the assets of the Town and provide leadership and oversight on issues of importance to the Town. The Select Board will abide by and enforce all applicable codes, statutes, and procedural rules. As a policy making board, the Select Board needs to be responsive to the citizens they serve, the staff they approve, and the Boards they appoint.
302.1
Only registered voters of the Town shall be eligible to hold office on the Select Board.
302.2
Select Board members shall not hold any other compensated Town office or position of employment for the Town of Ogunquit and shall not have current contractual business relationships with the Town.
302.3
Candidates for office shall be nominated by the filing of nomination papers with the Town Clerk signed by not less than 25 nor more than 100 signatures of registered voters of Ogunquit in accordance with state statutes.
303.1
Select Board members shall be elected for a term to commence upon conclusion of the Annual Town Meeting or Special Town Meeting. Election shall be for a three-year term, unless elected to fill an unexpired term.
303.2
Each Select Board member shall serve until a successor is elected and qualified. Vacancies, which may occur, are covered in Section 309 of this Charter.
303.3
Term limits shall be established for all elected members of the Town of Ogunquit Select Board. Term limits shall consist of two consecutive terms. Limits shall include any term or portion of a term of office greater than one year. An individual who is affected by the term limit restriction shall be eligible for election to the Town of Ogunquit Select Board once a one-year period has passed since the restriction took effect.
304.1
Members of the Select Board shall each receive annual compensation for their services as approved at the Annual Town Meeting.
304.2
Members serving unexpired terms shall be paid on a prorated basis for time served.
304.3
The Town Treasurer shall make payment for all services under this section annually after the Annual Town Meeting and only after completion of the year's service.
304.4
Members shall receive reimbursement for actual and authorized expenses incurred in the performance of the duties of office.
All elected Select Board members shall be sworn to the faithful discharge of their duties by the Town Clerk or notary public at the conclusion of the Annual or Special Town Meeting or as otherwise legally required, and sign and commit to adhere to the Code of Ethics at the beginning of each term or whenever changes are made to the Code of Ethics.
306.1
The positions of Chair and Vice Chair are offices of merit rather than seniority. The Select Board shall endeavor to elect officers whose previous work on the Select Board, or other Town boards, committees, commissions, or task forces (hereafter referred to as Boards), indicates an ability to lead, manage and work toward consensus.
306.2
At the next regular meeting following the Annual Town Meeting, members of the newly constituted Select Board shall meet to elect a Chair and Vice Chair.
306.3
A member of the Select Board shall place in nomination themself or another Select Board member for the position of Chair of the Select Board. Each nomination requires a second. All members of the Select Board shall vote for one of the names placed in nomination for the position of Chair. The Town Clerk shall count the votes and declare the person with a majority of the votes the winner of the election for the Chair of the Select Board.
306.4
The same procedure as in Section 306.3 shall be followed for the election of the Vice Chair of the Select Board.
306.5
Both the Chair and Vice Chair shall serve a term of one year.
The Chair or, in their absence, the Vice Chair shall preside at all regular meetings of the Select Board and is responsible for the legal and orderly transaction of Select Board business at all regular and special meetings.
307.1
The Chair shall conduct impartial and orderly discussions and exercise their vote in Town affairs as a regular member of the Select Board. The Chair shall be recognized as head of Town government for all ceremonial purposes, and by the Governor for purposes of military law, but they shall have no regular administrative duties.
307.2
The Chair is responsible for calling special meetings of the Select Board when such meetings are warranted.
307.3
In the temporary absence or disability of the Chair and Vice Chair, the Select Board may elect, from among its members, a Chair pro tempore, who shall exercise all powers of the Chair during the temporary absence or disability of the Chair and Vice Chair.
307.4
The Select Board, after a public hearing, may replace for cause the Chair and/or Vice Chair at any time, by a vote of four members for a full Board and a majority vote if less than a full Board.
308.1
Meetings.
A.
The Select Board shall meet a minimum of once a month.
B.
Unless otherwise provided for in this Charter or other State statutes, meetings shall be conducted according to the most recent edition of Robert's Rules of Order.
C.
The Select Board may meet in executive session only upon the publicly recorded vote of 3/5 of the members present and voting. A motion to go into executive session shall indicate the precise nature of the business of the executive session, and no other matter shall be considered in that particular executive session. Final action on any matter taken up in such closed sessions, except those matters which are permitted or required by law to be acted upon in closed sessions, shall not be taken by the Board until such matter is placed on the agenda of a regular or special meeting and voted upon thereafter.
D.
Except as noted in Section 308.1C above, all meetings and workshops of the Select Board shall be open to the public.
E.
All regularly scheduled Select Board meetings shall be televised on WOGT to the extent possible, and Select Board workshops shall also be televised on WOGT to the extent possible. Remote participation in Select Board meetings may be permitted in accordance with Title 1 M.R.S.A. § 403-B.
308.2
Quorum and voting.
A.
A quorum of the Select Board for the transaction of any business shall consist of at least three members.
B.
Passage, adoption or enactment of any item shall require three votes on the prevailing side.
C.
Each Select Board member in attendance shall vote on all issues and questions presented for a vote except when a conflict of interest or appearance of a conflict of interest clearly exists, in which case, the member must disclose the issue and recuse themself. Otherwise, members in attendance will vote in one of the following responses: "in favor," "against," or "abstain." The response "abstain" should not be used lightly and only in cases where the member asserts for the record that they do not have adequate information to cast a vote. A member voting "abstain" will be considered to be part of the necessary quorum. The record will show votes "in favor," "against," and "abstain."
D.
A member with a conflict of interest or the appearance of a conflict of interest (an appearance of a conflict exists when a reasonable person could conclude from the circumstances that participation would be perceived as inappropriate) shall disclose the interest and recuse themself and shall move to the public section area until such time as the matter involving the conflict of interest is closed and the Select Board is ready to move to the next item on the agenda. In no case shall a recused Select Board member participate in an official capacity in discussion or deliberations regarding the matter as to which the member has been recused; however, such member may speak as a member of the public during that portion of the meeting when the public is being heard.
308.3
Recordkeeping and journal.
A.
The Select Board shall keep accurate permanent records of its meetings to include at a minimum agendas and minutes and these records shall be maintained at the Town offices and/or on the Town website. Said records shall be available to the public.
B.
The Select Board shall also keep recordings of its meetings and these recordings shall be maintained at the Town offices for five years after the meetings. These recordings shall be available to the public.
308.4
Training. Select Board members shall receive training on Board conduct, Robert's Rules of Order, Freedom of Access Act, conflict of interest, Code of Ethics, Select Board rules, and municipal governance as provided by the Maine Municipal Association. In addition, they may participate in other training opportunities at Town expense and the Select Board's discretion.
309.1
Vacancies. The office of a Select Board member shall become vacant upon: failure to qualify for office within 10 days after written demand by the Town Clerk; non-acceptance; resignation; death; removal of residence from the municipality; removal in a manner authorized by law or this Charter; or forfeiture of office.
309.2
Forfeiture of office. At any time during a term, a member shall forfeit office by an affirmative vote of at least four Select Board Members following notice and hearing for any of the following reasons:
A.
Violation of any express prohibition of the Town Charter or violation of the Code of Ethics as adopted by the Select Board.
B.
Conviction of a crime, the conduct of which occurs during the member's term of office.
C.
A member of the Select Board who has been absent from 20% of the Select Board's regular, special, and executive meetings during any six-month period shall be eligible for forfeiture of office after notice. The Town Manager or their designee shall be responsible for maintaining accurate attendance records.
309.3
Filling of vacancies.
A.
If for any reason a vacancy occurs in the membership of the Select Board more than 120 calendar days prior to the next Annual Town Meeting, the vacancy shall be filled at a Special Town Meeting called by the Select Board for the unexpired portion of the term, such Special Town Meeting to be held within 60 days.
In the event such vacancy occurs less than 120 calendar days prior to the next Annual Town Meeting, the vacancy is to be filled for the unexpired portion of the term at the next Annual Town Meeting. Any such special election shall be conducted in accordance with the Statutes of the State of Maine plus consideration of quorum requirements as detailed in Article II, Sections 204 and 205. When an election is being held to fill an unexpired term at the same time as a general election to fill other Select Board positions, all positions shall be considered "at large," with the candidates receiving the highest vote totals elected to the longest terms.
B.
In the event of a tied election result, the Select Board shall schedule a special runoff election to be held within 60 days.
C.
In the event of multiple vacancies totaling three or more at one time, a special election shall be called within 30 calendar days. During the period prior to the special election, the Chairperson of the Planning Board, Chairperson of the Zoning Board of Appeals, and the Chairperson of the Board of Assessment Review successively shall serve on the Select Board to make a quorum.
The Select Board shall act as a unit settling all questions by formal vote in authorized meetings. Members must not act individually unless specific authority related to a particular duty has been delegated to them by the Select Board. A formal minority report may be issued by Select Board members voting in the minority. Without limitation, the Select Board shall have the power to:
310.1
Appoint and remove for cause the Town Manager, Town Tax Collector, Town Attorney, Town Assessor or Certified Public Assessor, Auditor, Health Officer, and the Director of Emergency Management as detailed in Chart 1.
310.2
Appoint, remove for cause or provide for the election of such officials and members of Boards as set out in Chart 1. All appointments shall be in writing and signed by the Select Board. The Select Board shall have the power to remove for cause after notice and hearing those appointees over whom they have jurisdiction, to the extent required by State law and/or this Charter.
310.3
Appoint any individual or committee to assist the Select Board with any aspect of Town government.
310.4
Set the salary, subject to budget adoption, of those appointed by the Select Board.
310.5
Oversee, monitor and account for the appropriations and sign the Accounts Payable Warrant certifying all disbursements of Town funds.
310.6
Prepare, or provide for the preparation of, the warrant for the Annual and Special Town Meetings and the Annual Town Report.
310.7
Enact, unless otherwise provided by state statute, ordinances to be effective for a maximum of 90 calendar days to meet emergencies or contingencies. Such ordinances shall not be renewable and shall not become regular or permanent until adopted by vote at the Annual or Special Town Meeting.
310.8
Ensure compliance of all ordinances through its designated enforcement agents.
310.9
Provide for an independent annual audit conducted according to the Government Auditing Standards issued by the Comptroller General of the United States, and established by the Government Accounting Standards Board (GASB).
310.10
Require a bond from a surety company for all persons trusted with the collection, custody or disbursement of any of the monies of the Town. The premiums on said bonds shall be paid by the Town.
310.11
Enter into and execute contracts on behalf of the Town in accordance with the Town Purchasing Policy.
310.12
Authorize legal activity on behalf of the Town.
310.13
Adopt and abide by management, administrative and personnel policies, and Select Board Rules.
310.14
Act on other powers or duties permitted by Maine State Statutes.
310.15
The Select Board shall issue an annual Information Packet by March 1 updating the citizens of the Town on the Articles passed at the last Annual Town Meeting and any subsequent Special Town Meetings.
310.16
Adopt an annual budget and recommend it to the Town Meeting for approval.
310.17
Provide liaison as a point of contact to the Boards that serve at the Select Board's pleasure. No Select Board member shall serve as a voting member of a Board.
311.1
Appointments and removals. Neither the Select Board nor any of its members shall dictate the appointment or removal of any municipal officials or employees whom the Town Manager or other persons in authority are empowered to employ.
311.2
Interference with administration. Select Board members shall deal with municipal officials and employees who are subject to the direction and supervision of the Town Manager, or other persons in authority, solely through the Town Manager. Select Board members shall not give orders to or influence any official or employee of the Town either publicly or privately.