Wednesday, September 11, 2024
State law requires some municipal officials to be “bonded.” In this context, a “bond” is an insurance policy or security that protects the municipality and municipal taxpayers in the event the official fails or refuses to faithfully perform required duties or to properly account for monies received. If the municipality incurs losses as a result, the surety agrees to cover those losses up to the limits stated in the bond instrument.
The surety may be a bonding...
Wednesday, September 11, 2024
In Good v. Town of Bar Harbor, 2024 ME 48, Maine’s Supreme Court addressed a municipal charter commission’s discretion to decide how to present its recommendations to voters.
Maine law states that a charter commission tasked with revising a municipal charter may recommend, in its final report, that the present charter continue in force with only minor modifications, and those modifications may be submitted to the voters in as many separate questions as the commission...
Wednesday, September 11, 2024
Maine law requires every municipality to appoint an animal control officer (ACO). Unless a charter provides otherwise, the ACO must be a U.S. citizen, Maine resident and at least 18 years old. See 30-A M.R.S. § 2526. If qualified, an employee of an animal shelter may be appointed as ACO.
A person may not be appointed as an ACO if the person has been convicted of murder; of a Class A or Class B offense under Maine law; of a violation of Title 17-A, chapters 9, 11, 12 or 13...
Tuesday, August 13, 2024
(Updating the July 2010 Legal Notes)
Question: Are municipalities required to pay interest on taxes that were paid but later abated?
Answer: Yes. However, the municipality has some discretion as to the rate of interest.
Pursuant to 36 M.R.S. § 506-A, a taxpayer who pays more than the amount finally assessed must be repaid the amount of the overpayment plus interest from the date of overpayment at a rate established by the municipal legislative body (town meeting or...
Tuesday, August 13, 2024
Several changes to the municipal General Assistance (GA) laws took effect August 9, 2024; most resulted from one new law, PL 2023, c. 575. We briefly summarize these below:
Required training. Municipal “overseers” and any municipal official designated or appointed to administer GA must now complete training on GA program requirements. Existing officials are subject to the training requirement; new officials must complete the training within 120 days of appointment or...
Tuesday, August 13, 2024
A new law revises confidentiality protections applicable to medical cannabis records. In some cases, broader access for municipal officials is the result. See PL 2023, c. 637, which took effect August 9, 2024.
The legislation provides the following:
Information identifying a qualifying medical cannabis patient, a visiting qualifying patient, a registered patient, or a caregiver exempt from registration is confidential and may not be disclosed by the Office of Cannabis Policy...
Monday, July 22, 2024
One bright spot in the recently concluded legislative session was PL 2023, chapter 603, which repealed 30-A M.R.S. § 5721-A, or “LD 1,” as it is commonly known.
The “LD 1” statute was enacted in 2005 as a measure to limit local property tax increases. Since then, it has required each municipality to annually calculate its “property tax levy limit” based on several factors, including a “growth limitation factor” and new state funding....
Monday, July 22, 2024
In April, the U.S. Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA) addressing web and mobile application accessibility for people with disabilities. The rule adopts a specific technical standard that state and local governments will need to follow when providing or making available web content and mobile apps. The standard is based on the Web Content Accessibility Guidelines (Version 2.1, Level AA), an international standard...
Monday, July 22, 2024
New legislation revises the excise tax exemptions allowed for active-duty military personnel by expanding a statewide exemption for eligible servicemembers. (See PL 2023, c. 565).
Previously, state law granted an excise tax exemption to resident and non-resident active-duty U.S. Armed Forces personnel permanently stationed in Maine. The law also allowed municipalities to exercise a “local option” to allow Maine resident active-duty U.S. Armed Forces personnel...
Monday, July 22, 2024
(Updating the August, 2013 Legal Notes)
Per Maine’s “Statute of Frauds” (33 M.R.S. § 51) certain types of contracts must be made in writing and signed by the parties to be enforceable. Those contracts of municipal interest include: (1) any contract for the sale of land or any interest in land; (2) any agreement that requires more than one year to perform; (3) any contract to pay a debt discharged in bankruptcy; (4) any agreement to give, bequeath or devise any...