Prohibited Employment for Municipal Officers

Training for: Legal Notes

(Reprinted as revised from the November 2015 Maine Townsman, “Legal Notes.”)

For many years Maine law has prohibited a municipal officer (select board member, councilor) from being hired for any employment position or appointed to any “civil office of profit” with the municipality if the position was created or the position’s compensation was increased by action of the municipal officers during that person’s term of office. See 30-A M.R.S. § 2606.

The purpose of this prohibition is obvious: Elected officials should not be allowed to use their office to create for themselves an employment opportunity or a paid appointment.

The prohibition lasts for the municipal officer’s full term of office plus one year thereafter. It also applies regardless of how that person voted on any compensation increase or whether they are willing to be paid less than the position’s current occupant.

The prohibition does not apply, however, if the position was created or the compensation was increased by action of some other body (e.g., by town meeting vote), even if the municipal officers recommended the action. Nor does it apply if the employment or appointment is allowed or required by state or federal law or municipal ordinance or charter.

We should note that it is not otherwise prohibited for a municipal officer to be a municipal employee unless the employment position is a sworn office with duties that conflict with those of a municipal officer, or unless the municipality has prohibited it by charter or ethics policy (see “Can a Selectman be Hired as a Town Employee Too?” Maine Townsman, “Legal Notes,” July 2013).

For more on prohibited employment, incompatible offices, and related issues, see MMA Legal Services’ Information Packet on Ethics and Conflicts of Interest, available free to members on MMA’s website (www.memun.org). (R.P.F./S.F.P.)

(Reprinted as revised from the November 2015 Maine Townsman, “Legal Notes.”)

For many years Maine law has prohibited a municipal officer (select board member, councilor) from being hired for any employment position or appointed to any “civil office of profit” with the municipality if the position was created or the position’s compensation was increased by action of the municipal officers during that person’s term of office. See 30-A M.R.S. § 2606.

The purpose of this prohibition is obvious: Elected officials should not be allowed to use their office to create for themselves an employment opportunity or a paid appointment.

The prohibition lasts for the municipal officer’s full term of office plus one year thereafter. It also applies regardless of how that person voted on any compensation increase or whether they are willing to be paid less than the position’s current occupant.

The prohibition does not apply, however, if the position was created or the compensation was increased by action of some other body (e.g., by town meeting vote), even if the municipal officers recommended the action. Nor does it apply if the employment or appointment is allowed or required by state or federal law or municipal ordinance or charter.

We should note that it is not otherwise prohibited for a municipal officer to be a municipal employee unless the employment position is a sworn office with duties that conflict with those of a municipal officer, or unless the municipality has prohibited it by charter or ethics policy (see “Can a Selectman be Hired as a Town Employee Too?” Maine Townsman, “Legal Notes,” July 2013).

For more on prohibited employment, incompatible offices, and related issues, see MMA Legal Services’ Information Packet on Ethics and Conflicts of Interest, available free to members on MMA’s website (www.memun.org). (R.P.F./S.F.P.)