In this Charter no mention of a particular power shall be construed
to be exclusive or to restrict the scope of the powers that the Town
would have if the particular powers were not mentioned. The Charter
shall be liberally construed to the end that the Town may have all
the powers necessary or convenient for the conduct of its municipal
affairs, including all powers the Town may assume pursuant to state
laws and to the provisions of the State Constitution.
No person shall be appointed to or removed from, or in any way
favored or discriminated against, or retaliated against for asserting
their rights under law with respect to any Town of Ogunquit position
or appointive role on a board based on race, color, religion, national
origin, ancestry, age, sex, sexual orientation (including gender identity
and expression), physical or mental disability, genetic information
or history, veteran status, or status as whistleblower, or any other
category protected under state and federal law or the Municipal Employees
Handbook.
If any portion of this Charter shall be held to be invalid,
such decision shall not affect the validity of the remaining portions
thereof.
This Charter shall be known as the "Charter of the Town of Ogunquit."
The Town Clerk shall cause the Charter to be printed and made available
to the public within a reasonable time following its enactment.
Every officer and official of the Town shall, before entering
upon the duties of office, take and subscribe to the following oath
or affirmation, to be filed and kept in the office of the Town Clerk:
"I solemnly swear (or affirm) that I will support the Constitution
and will obey the laws of the United States of America and of the
State of Maine; that I will, in all respects, observe the provisions
of the Charter and ordinances of the Town of Ogunquit and will faithfully
discharge, to the best of my abilities, the duties of the office of
__________."
All ordinances of the Town of Ogunquit in force at the time
when this Charter takes effect not inconsistent with the provisions
of this Charter shall continue in force until amended or repealed.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
All persons holding elective or administrative office at the
time this Charter takes effect shall continue in office and in the
performance of their duties until provisions shall have been made
in accordance therewith for the performance of such duties or the
discontinuation of such office.
Any subject matter not provided for by this Charter shall be
controlled by the applicable state statute.
The Select Board shall convene a Charter Review Commission,
in accordance with state law Title 30-A M.R.S.A. § 2103,
every five years for the purpose of reviewing and recommending updates
to this Charter. In the event a Commission shall have been convened
within any five-year period, a new five-year period shall commence
from the date of the dissolution of said Commission.
Any officer, official or employee who has any financial interest,
direct or indirect, in any contract with the Town or in the sale of
any land, material, supplies or services to the Town or to a contractor
supplying the Town, or special conflict of interest shall make known
that interest and shall refrain from voting upon or otherwise participating
in their capacity as an officer, official or employee in the making
of such sale or in the making or performance of such contract. Any
officer, official or employee who willfully conceals such a financial
or special interest or willfully violates the requirement of this
section shall be guilty of malfeasance in office or position and shall
forfeit their office or position. Violation of this section with the
knowledge, express or implied, of the person or corporation contracting
with or making a sale to the Town shall render the contract or sale
voidable by the Board.
Even if no personal financial or special conflict of interest
exists, an officer, official or employee should avoid the appearance
of a conflict by disclosing the facts underlying the potential conflict
and, where appropriate, abstaining from voting on the matter or otherwise
participating in their capacity in order to maintain the public's
confidence. An appearance of a conflict exists when a reasonable person
could conclude from the circumstances that participation would be
perceived as inappropriate.
Describes the circumstance when a candidate or proposition
receives more than half of the votes cast.
Describes the circumstance when a candidate or proposition
polls more votes than any other but does not receive more than half
of all votes cast.
Temporary appointment during the absence of the Town Manager
to fulfill the duties of the Town Manager.
Any board, committee, commission or task force.
A member of a board who remains in office beyond the normal
term expiration waiting for a replacement to be appointed.
Select Board member.
Any appointed or elected board, committee, commission, or
task force member.
The owner of land or taxable parcel or real estate.
A person who appears on the Town's voter registration
rolls maintained by the office of the Town Clerk certifying eligibility
to vote in the Town in local, state and national elections, having
listed in such rolls the name and place of residence located within
the border of the Town.
Occurs when an individual's personal interests - family,
friends, financial, or social factors - could unduly influence their
judgment, decisions, or actions.
As defined in the Town of Ogunquit Comprehensive Plan.
The residence of a person is that place where the person
has established a fixed and principal home to which the person, whenever
temporarily absent, intends to return.
