Town of Boothbay Harbor, ME Chapter 2 Administration of Government

[HISTORY: Adopted by the Town of Boothbay Harbor 5-1-2006 by ATM Art. 67. Amendments noted where applicable.]

§ 2-1 Form of government; Town Seal.

The Town of Boothbay Harbor was formed on February 16, 1889, by act of the State Legislature. Boothbay Harbor adopted the statutory town manager plan of government February 1958 (30-A M.R.S.A. § 2631-2639), which consists of a Town Meeting, an elected Board of Selectmen that also serves as Overseers of the Poor, a Town Manager chosen by the Board of Selectmen, and other officials that may be elected or appointed under Maine law or this Code. The Town has accepted a Seal to be the official emblem as follows: The Seal or emblem shall consist of a circular design with the words "TOWN OF BOOTHBAY HARBOR INC. 1889," around the edge. The center shall contain a two-mast schooner on the sea with seagulls flying overhead, said seal or emblem having been designed by Asa Tupper of Boothbay Harbor, Maine.

§ 2-2 Town meetings.

The Annual Town Meeting shall be held on the first Saturday of May each year, following the elections on the preceding day. The Annual Town Meeting and any Special Town Meetings shall be called by posting notice as required by law and by publishing a public notice, or warrant, announcing the date, time, and place of the meeting in a newspaper printed or published in Boothbay Harbor, if such a newspaper exists.

§ 2-3 Annual town report.

An annual town report shall be printed and ready for distribution one week before the Annual Town Meeting. It shall include a report of the annual audit, records of financial transactions, a list of assets and liabilities, and reports of Town officials. It shall include those items required by 30-A M.R.S.A. § 2801, as amended from time to time; the reports of Town officials; and such other information as the Board of Selectmen may require.

§ 2-4 Town finances.

A. The Town of Boothbay Harbor's fiscal year shall commence on July 1 and end on June 30. At least 30 days prior to the beginning of each fiscal year, the Town Manager shall submit to the Board of Selectmen a proposed budget of revenues and expenditures for the upcoming year. The proposed budget shall set forth any changes from the budget of the previous year approved at the Annual Town Meeting.

B. General fund balance level. The Board of Selectmen shall propose a budget that achieves at the budget's fiscal year end an undesignated fund balance in the general fund of not less than 8% of the total general fund budget of that fiscal year. If it is projected that the undesignated fund balance of the general fund will exceed 8% for that fiscal year, the Selectmen may use the excess over 8% to reduce the tax commitment for the ensuing fiscal year. If the average percentage of the undesignated fund balance of the general fund is less than 8% of the total general fund budget in two consecutive fiscal years, the Board of Selectmen shall present a budget for the next fiscal year that restores the undesignated fund balance of the general fund to at least 8% in no more than a five-year period.

[Amended 5-5-2012 by ATM Art. 23]

C. At any time, the Board of Selectmen may make emergency expenditures from the undesignated fund balance to meet an essential need for expenditures to protect the public health, safety, or welfare. Such emergencies consist of a natural disaster, a sudden unanticipated event, or a severe economic decline, which requires a response by the municipal officers in less time than ordinarily necessary to notify the general public. An appropriation request by the Board of Selectmen for an emergency expenditure shall contain the amount of funds requested, the precise use, and purpose of the funds, and a plan to restore the funds. Any other urgent need not included in the budget shall require notice and public hearing before any funds are expended from the undesignated fund balance.

D. Purchases of and contracts for supplies, contractual services and improvements estimated to cost in excess of $10,000 (but excluding normal professional services) shall be purchased by formal written sealed bid from the lowest qualified bidder after due notice inviting proposals. All bid awards must be approved by the Board of Selectmen.

[Amended 6-20-2020 by ATM Art. 21]

§ 2-5 Board of Selectmen.

A. The administration of all fiscal and municipal affairs of Boothbay Harbor, except as otherwise herein provided, with particular reference to the Town Manager plan, shall be vested in the Board of Selectmen, consisting of five members. The Board of Selectmen shall exercise its powers in the manner herein provided and shall also serve as the Overseers of the Poor. The members of the Board of Selectmen shall constitute the municipal officers of the Town of Boothbay Harbor for all purposes required by law and, except as otherwise herein provided, shall have all the powers and authority given to the Board and perform all duties required of municipal officers of towns under the laws of this state. Members of the Board of Selectmen shall be elected at large by the qualified voters of the Town of Boothbay Harbor for terms of three years. At the first meeting following the Annual Town Meeting, the Board of Selectmen shall elect a Chairman and Vice Chairman among its members to serve one-year terms. A majority of the members of the Board of Selectmen shall constitute a quorum required for the transaction of any business of the Board. Any action of the Board of Selectmen shall require the affirmative vote of at least a majority of the full Board of Selectmen without regard to the number of members present and voting, excepting only that when the Board of Selectmen is acting as the municipal officers pursuant to the Maine Wharves and Fish Weirs Act (as the same may be amended, recodified, or replaced from time to time), then in that case the affirmative vote of a majority of those members of the Board present and voting shall be sufficient.

[Amended 6-20-2022 by ATM Art. 24]

B. Board to be custodian of land and property. The Board of Selectmen shall have the legal custody of all Town and public property, buildings, and lands.

C. Compensation. Each member of the Board of Selectmen shall receive an annual compensation for his or her services. The Board of Selectmen by order shall fix the salaries of officials appointed by the Board of Selectmen, including the salary of the Town Manager for his or her services as such and for all other services rendered by him or her.

D. Appointment of auditing agency or accountants. Prior to the end of each fiscal year, the Board of Selectmen shall designate a qualified public auditing agency or private accountant(s) who, as of the end of the fiscal year, shall make an independent audit of all accounts and other evidences of financial transactions of the Town. The auditing agency or accountants shall submit their report to the Board of Selectmen and the Town Manager. The accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the Town or of any of its officers.

§ 2-6 Town officials.

A. The Board of Selectmen shall appoint a Town Manager who shall have and perform the duties provided in Title 30-A, Subchapter 11 of § 2631, known as the "Town Manager Plan." The Town Manager is the chief executive officer and administrative official of the Town, and is directly responsible to the Board of Selectmen for the proper and effective administration of all Town affairs. The Town Manager shall serve as Tax Collector, Treasurer, Road Commissioner and Agent for the Overseers of the Poor. Except as provided below and in Subsection B, the Town Manager shall be responsible for the hiring and firing of all municipal employees. Department heads shall be appointed by the Town Manager, subject to approval and confirmation by the Board of Selectmen. The Town Manager has the authority to recommend to the Board the removal of any department head for cause, after notice and hearing. The Board of Selectmen is responsible for setting compensation.

[Amended 5-2-2015 by ATM Art. 25]

B. The Board of Selectmen shall appoint for one-year terms all municipal officials required by general law, including Finance Officer, Town Clerk, Registrar of Voters, Public Works Director, Chief of Police, Harbor Master, Fire Chief, Code Enforcement Officer and Director of Emergency Management. The Town Manager is appointed by the Board of Selectmen as specified by contract. Except for police officers, the oath of office is not required for nonappointed officials.

[Amended 5-2-2015 by ATM Art. 26]

§ 2-7 Town Manager.

A. The Town Manager shall prepare and submit to the Board of Selectmen monthly financial statements and a complete report on the finances of the Town at the conclusion of each fiscal year; attend meetings of the Board of Selectmen; ensure that all laws and ordinances governing the Town are faithfully executed; and act as Treasurer, Tax Collector, Excise Tax Collector, Agent for Overseers of the Poor, and Road Commissioner.

B. Each year the Town Manager will present to the Board of Selectmen for its approval a Fee Schedule listing fees to be charged as provided for in other sections of this Code. The municipal officers shall review the fee schedule annually and are hereby specifically authorized to amend the fee schedule after their review. Nothing in this section authorizes the municipal officers to set fees in a manner not allowed by state statute, rule, or regulation.

C. The Town Manager, at least 30 days prior to the beginning of each budget year, shall submit to the Board of Selectmen a budget and an explanatory budget message containing an outline of the proposed financial policies of the Town for the budget year. The budget, or the explanatory budget message, shall set forth any changes from the previous year in cost and revenue and shall explain any major changes in financial policy. The Town Manager shall act as purchasing agent for all departments of the Town and shall perform other such duties as may be prescribed by the Board of Selectmen, not inconsistent with the laws of the State of Maine.

D. The Town Manager shall also be subject to and responsible for the powers and duties set fourth in 30-A M.R.S.A. § 2636.

§ 2-8 Town Clerk.

The Town Clerk shall be appointed by the Board of Selectmen for a one-year term. The Clerk shall perform all duties prescribed by law, in addition to any duties prescribed by the municipal officers. The duties prescribed by law include, but are not limited to, care and maintenance of public records, issuing certain licenses and permits, and election duties. The Board of Selectman may authorize the Clerk to dispose of old records, as appropriate and following state law and regulations.