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File #: 24-084    Version: 1 Name:
Type: Order Status: Passed
File created: 5/2/2024 In control: Town Council
On agenda: 8/20/2024 Final action: 8/20/2024
Title: To receive comment on proposed amendments to the town's charter pursuant to 30-A M.R.S.A. ?2104(1) and summarized below pursuant to 30-A M.R.S.A. ?2104(6) and order that language specific to the amendments be placed on the municipal ballot coincident with the State and Federal elections on Tuesday, November 5, 2024 for the purpose of voting on the charter amendments as summarized below: To amend Article II, Section 3.B to give the Town Council the authority to appoint and remove the Town Clerk on a vote of five members; Article II, Section 12 to remove the requirement that the Town Clerk be a resident of Windham; and Article VII, Sections 1 and 2 to remove the Town Clerk from provisions related to elected officials. These amendments will result in the Town Clerk being an appointed rather than an elected official.
Attachments: 1. 24-084 Cover Sheet.pdf, 2. Charter Question-Town Clerk amendment (complete text).pdf, 3. Charter Question-Town Clerk amendment (summary of text).pdf, 4. Memo Town Clerk Position.pdf, 5. Legal Differences Chart re Windham Town Clerk.pdf, 6. Town Clerk Elected vs Appointed Area Communities Survey.pdf, 7. Town Clerk's Comments Appt-Elec_2024.pdf, 8. Town Clerk DRAFT Job Description.pdf, 9. Organizational Chart 2024 amendment for TC appointed.pdf, 10. Email_Woodbury.pdf, 11. Email_Cummings.pdf, 12. Email_Meehan.pdf

I.                     Council Action Requested.

Title

To receive comment on proposed amendments to the town’s charter pursuant to 30-A M.R.S.A. §2104(1) and summarized below pursuant to 30-A M.R.S.A. §2104(6) and order that language specific to the amendments be placed on the municipal ballot coincident with the State and Federal elections on Tuesday, November 5, 2024 for the purpose of voting on the charter amendments as summarized below:

 

To amend Article II, Section 3.B to give the Town Council the authority to appoint and remove the Town Clerk on a vote of five members; Article II, Section 12 to remove the requirement that the Town Clerk be a resident of Windham; and Article VII, Sections 1 and 2 to remove the Town Clerk from provisions related to elected officials.  These amendments will result in the Town Clerk being an appointed rather than an elected official.

 

Body

II.                     Basis for Council Action.

 

Council approval of this item is required because;

a.                     30-A M.R.S.A. § 2104(1) provides that “The municipal officers may determine that amendments to the municipal charter should be considered and, by order, provide for notice and hearing on them,” and

b.                     30-A M.R.S.A § 2104(1) provides that “Within 7 days after the hearing, the municipal officers may order the proposed amendment to be placed on a ballot at the next regular municipal election held at least 30 days after the order is passed,” and

c.                     30-A M.R.S.A. § 2104(6) provides that “When the municipal officers determine that it is not practical to print the proposed amendment on the ballot and that a summary would not misrepresent the subject matter of the proposed amendment, the municipal officers shall include in their order a summary of the proposed amendment.”

 

III.                     Issue Summary.