All About Deputies

Training for: Legal Notes

We get a lot of questions about deputy municipal officials – who chooses them, who pays them, what are their duties, and so on. Here, in summary, is practically everything worth noting about deputies.

Appointment; oath. State law authorizes clerks, tax collectors, treasurers, fire chiefs and town meeting moderators to appoint their own deputies (see 30-A M.R.S.A. §§ 2603, 3153(3)(A) and 2524(3), respectively). For other offices, the appointment of a deputy must be authorized by municipal ordinance, charter or vote of the municipal legislative body (town meeting or town or city council). If a clerk, tax collector or treasurer fails to appoint a deputy, the municipal officers (selectmen or councilors) may appoint one to act during the principal’s absence (see 30-A M.R.S.A. § 2603(4)). If a moderator is absent or is unable to act and has not appointed a deputy, the voters may elect one (see 30-A M.R.S.A. § 2524(3)). Before assuming the duties of office, a deputy must be sworn and the fact of the oath recorded.

Legal qualifications. Like the principal, a deputy must be a resident of Maine, at least 18 years of age and a citizen of the United States (see 30-A M.R.S.A. § 2526(3)). In addition, if the principal is required to be trained and certified (like code enforcement officers, local plumbing inspectors and animal control officers, for example), a deputy must also meet these requirements.

Authority. Unless otherwise specified, a deputy has all the powers of the principal. If the principal wishes to limit the authority of a deputy, the restrictions should be explicitly set forth in the deputy’s certificate of appointment or in a job description accompanying the certificate.

Term of office. A deputy’s term of office is concurrent with the principal’s. Whenever the principal vacates office, whether on the expiration of the natural term or before, the deputy’s term also expires. With that, the deputy loses all legal authority to act unless reappointed and re-sworn as a deputy under the new principal or appointed and sworn as interim or acting principal pending selection of a new permanent principal. If a deputy clerk, tax collector or treasurer has been appointed by the municipal officers to act during the principal’s absence, their term ends on the principal’s return.

Compensation. Because a deputy is appointed by and acts on behalf of the principal, the deputy’s compensation is payable from the principal’s compensation unless otherwise provided by the municipal budgetary authority. In most municipalities that consistently employ deputies, the budget includes an appropriation for deputies that is separate from the principal’s pay.

Bonding. Clerks, tax collectors and treasurers, and the “sureties” (guarantors) on their bonds, are liable for all acts and omissions of their deputies (see 30-A M.R.S.A. § 2603(3)), so it is critical that bonding companies be notified immediately whenever a deputy is appointed. The same goes for deputies of any other officials who are bonded (see “Bonding Requirements,” Maine Townsman, Legal Notes, May 2000).

Notice to State agencies. If the principal is also, for example, the registrar of voters or a State agent for motor vehicle registrations or hunting and fishing licenses, and if a deputy is also expected to perform these functions, the appropriate State agencies must be notified, and in the case of State agents, a State appointment and training is required. Also, if a deputy treasurer is expected to make disbursements, they must become an authorized signatory on municipal bank accounts.

We get a lot of questions about deputy municipal officials – who chooses them, who pays them, what are their duties, and so on. Here, in summary, is practically everything worth noting about deputies.

Appointment; oath. State law authorizes clerks, tax collectors, treasurers, fire chiefs and town meeting moderators to appoint their own deputies (see 30-A M.R.S.A. §§ 2603, 3153(3)(A) and 2524(3), respectively). For other offices, the appointment of a deputy must be authorized by municipal ordinance, charter or vote of the municipal legislative body (town meeting or town or city council). If a clerk, tax collector or treasurer fails to appoint a deputy, the municipal officers (selectmen or councilors) may appoint one to act during the principal’s absence (see 30-A M.R.S.A. § 2603(4)). If a moderator is absent or is unable to act and has not appointed a deputy, the voters may elect one (see 30-A M.R.S.A. § 2524(3)). Before assuming the duties of office, a deputy must be sworn and the fact of the oath recorded.

Legal qualifications. Like the principal, a deputy must be a resident of Maine, at least 18 years of age and a citizen of the United States (see 30-A M.R.S.A. § 2526(3)). In addition, if the principal is required to be trained and certified (like code enforcement officers, local plumbing inspectors and animal control officers, for example), a deputy must also meet these requirements.

Authority. Unless otherwise specified, a deputy has all the powers of the principal. If the principal wishes to limit the authority of a deputy, the restrictions should be explicitly set forth in the deputy’s certificate of appointment or in a job description accompanying the certificate.

Term of office. A deputy’s term of office is concurrent with the principal’s. Whenever the principal vacates office, whether on the expiration of the natural term or before, the deputy’s term also expires. With that, the deputy loses all legal authority to act unless reappointed and re-sworn as a deputy under the new principal or appointed and sworn as interim or acting principal pending selection of a new permanent principal. If a deputy clerk, tax collector or treasurer has been appointed by the municipal officers to act during the principal’s absence, their term ends on the principal’s return.

Compensation. Because a deputy is appointed by and acts on behalf of the principal, the deputy’s compensation is payable from the principal’s compensation unless otherwise provided by the municipal budgetary authority. In most municipalities that consistently employ deputies, the budget includes an appropriation for deputies that is separate from the principal’s pay.

Bonding. Clerks, tax collectors and treasurers, and the “sureties” (guarantors) on their bonds, are liable for all acts and omissions of their deputies (see 30-A M.R.S.A. § 2603(3)), so it is critical that bonding companies be notified immediately whenever a deputy is appointed. The same goes for deputies of any other officials who are bonded (see “Bonding Requirements,” Maine Townsman, Legal Notes, May 2000).

Notice to State agencies. If the principal is also, for example, the registrar of voters or a State agent for motor vehicle registrations or hunting and fishing licenses, and if a deputy is also expected to perform these functions, the appropriate State agencies must be notified, and in the case of State agents, a State appointment and training is required. Also, if a deputy treasurer is expected to make disbursements, they must become an authorized signatory on municipal bank accounts.

Removal. Deputy clerks, tax collectors and treasurers serve at the will of the principal and may be removed at any time and for any reason, without due process (see 30-A M.R.S.A. § 2603(2)). This rule probably also applies to deputy moderators (see 30-A M.R.S.A. § 2524(3)). On the other hand, deputy fire chiefs may be removed only for cause, after notice and hearing (see 30-A M.R.S.A. § 3153(3)(A)). For all other deputy officials, whether removal is at will or only for cause should be specified in the municipal ordinance, charter or town meeting vote that authorized the appointment. (By R.P.F.)