Why a Municipal Charter?

Training for: Legal Notes

(Reprinted as revised from the April 2009 Maine Townsman, “Legal Notes.”)

Question:

Why would a municipality need a home rule charter?

Answer:

It wouldn’t, unless the municipality wished to alter the rules provided by general law. Most municipalities in Maine are small towns (more than half have a population of less than 1,500), and most of them are perfectly content to operate under the select board/town meeting form of government provided for in Title 30-A of the Maine Revised Statutes. But certain things can be accomplished only by charter. Below are some prime examples:

Legislative/budgetary authority. Under general law, municipal legislative and budgetary authority is vested in the voters assembled in town meeting. To transfer either or both these powers to another body (typically a council), a charter would be required. This is undoubtedly a major reason that 80 or so of Maine’s municipalities have adopted charters (out of 486 municipalities). Incidentally, there are numerous charters that divide powers between a select board or council and town meeting, often with legislative power delegated to the former but budgetary power reserved for the latter.

Conduct of elections. Title 30-A (municipal laws) and Title 21-A (state election laws) govern the conduct of municipal elections, including voter initiatives (petitions), nominations, the method for calling elections, the method of voting, recounts and so on. To alter any of these statutory requirements and procedures (for instance, to restrict voter initiatives, or to mandate all-referendum voting), a charter is required.

Qualifications for office. According to 30-A M.R.S. § 2526(3), a municipal official must be a resident of Maine, at least 18 years of age, and a U.S. citizen (municipal officers, must also be registered voters; school committee members must be residents). Additional qualifications or prohibitions, such as term limits, or residency requirements for officials other than municipal officers and school committee members, may be imposed only via a charter.

Recall of school committee members. State law (30-A M.R.S. § 2602) governs how vacancies in most municipal offices occur and how they are filled; in most situations these rules may be altered or supplemented by either charter or ordinance. However, recall of municipal school committee members may only be accomplished through a charter provision. (Recall of other elected officials may be accomplished by either charter or ordinance).

Note that municipalities are able to legislate on numerous local issues without the need to adopt a charter. For instance, a town manager plan, an administrative system, ethics policies, and a budget committee review process may all be implemented by ordinance in lieu of a charter (although such matters are also commonly dealt with in charters).

Adoption, revision and amendment of municipal charters must follow strict procedures outlined in state statute. For more details, see our “Municipal Charters Information Packet,” available free to members on MMA’s website (www.memun.org).

If you don’t know whether your municipality has a charter, see “Got a Charter?” Maine Townsman, “Legal Notes,” May 2010 or contact MMA Legal Services (we have copies of most). (R.P.F./S.F.P.)

(Reprinted as revised from the April 2009 Maine Townsman, “Legal Notes.”)

Question:

Why would a municipality need a home rule charter?

Answer:

It wouldn’t, unless the municipality wished to alter the rules provided by general law. Most municipalities in Maine are small towns (more than half have a population of less than 1,500), and most of them are perfectly content to operate under the select board/town meeting form of government provided for in Title 30-A of the Maine Revised Statutes. But certain things can be accomplished only by charter. Below are some prime examples:

Legislative/budgetary authority. Under general law, municipal legislative and budgetary authority is vested in the voters assembled in town meeting. To transfer either or both these powers to another body (typically a council), a charter would be required. This is undoubtedly a major reason that 80 or so of Maine’s municipalities have adopted charters (out of 486 municipalities). Incidentally, there are numerous charters that divide powers between a select board or council and town meeting, often with legislative power delegated to the former but budgetary power reserved for the latter.

Conduct of elections. Title 30-A (municipal laws) and Title 21-A (state election laws) govern the conduct of municipal elections, including voter initiatives (petitions), nominations, the method for calling elections, the method of voting, recounts and so on. To alter any of these statutory requirements and procedures (for instance, to restrict voter initiatives, or to mandate all-referendum voting), a charter is required.

Qualifications for office. According to 30-A M.R.S. § 2526(3), a municipal official must be a resident of Maine, at least 18 years of age, and a U.S. citizen (municipal officers, must also be registered voters; school committee members must be residents). Additional qualifications or prohibitions, such as term limits, or residency requirements for officials other than municipal officers and school committee members, may be imposed only via a charter.

Recall of school committee members. State law (30-A M.R.S. § 2602) governs how vacancies in most municipal offices occur and how they are filled; in most situations these rules may be altered or supplemented by either charter or ordinance. However, recall of municipal school committee members may only be accomplished through a charter provision. (Recall of other elected officials may be accomplished by either charter or ordinance).

Note that municipalities are able to legislate on numerous local issues without the need to adopt a charter. For instance, a town manager plan, an administrative system, ethics policies, and a budget committee review process may all be implemented by ordinance in lieu of a charter (although such matters are also commonly dealt with in charters).

Adoption, revision and amendment of municipal charters must follow strict procedures outlined in state statute. For more details, see our “Municipal Charters Information Packet,” available free to members on MMA’s website (www.memun.org).

If you don’t know whether your municipality has a charter, see “Got a Charter?” Maine Townsman, “Legal Notes,” May 2010 or contact MMA Legal Services (we have copies of most). (R.P.F./S.F.P.)