Town of Kittery, ME - Public Service Handbook

The purpose of this handbook is to provide you with background information on the Town and its government and to introduce you to your role in that structure. It includes, first, a general history of the Town and a description of its government and administration. The majority of the handbook is directed specifically to operation procedures, and the responsibilities of Board and Committee members. Finally, the handbook reviews conflict of interest laws and Freedom of Access Laws that apply to Board, Committee and Council members.

The Town of Kittery considers volunteers a great natural resource. The mission of the volunteer program is to enhance town programs and services by matching the varied talents of concerned individuals of all ages, interests and skills with a wide variety of interesting and challenging municipal projects. Volunteering doesn't demand special training or education - only a degree of care, concern and commitment. How much time is required? It all depends on your schedule and the board/committee you choose. It could be several hours each week or only a few hours now and then.

While you will find that your role requires time, effort, and some long evening meetings, it also provides an opportunity for genuine public service. You will be able to help shape the future of Kittery and to make decisions affecting every citizen's satisfaction with the Town. The Town of Kittery needs your personal resources and enthusiasm in order to maintain the qualities of the Town that are enjoyed by its residents. Volunteer Board, Committee and Council Members work together to accomplish policy formation for the Town. The performance of public service brings with it the feeling of contribution and you will most likely develop a close relationship with other volunteers, all working toward a common end of providing for the community, its citizens and its future.

As members of Boards, Committees or the Town Council, you are essential to the Town's commitment to developing policies and services that reflect the needs and values of the community. In carrying out your responsibilities, you will work closely with your fellow Board members, the Town Council, and staff - all of who play a critical role in the Town organization. The Town Council may also appoint citizen s to study particular, short-term issues.

The Town of Kittery, Maine, takes its name from the manor of Kittery Court located on Kittery Point in Kingsweare, Devon, England, across the river Dart from the city of Dartmouth. The old manor house is standing. From Kingsweare the Shapleigh family, first settlers and proprietors of Kittery Point, Maine, came to New England. Colonel Charles Banks, to whom the discovery of the origin of the name is due, also mentions the word Godmorrock, an early name of the castle of Kingsweare, the home of the Shapleighs, which was given to land in Kittery, but remained for only a brief time.

Nicholas Shapleigh, the builder of the first house at Kittery Point, Maine, and the only emigrant to come in his own vessel, was a man of substance and influence. During the troublesome times of the changing governments in the seventeenth century in the Province of Maine, he was either elected or appointed to most of the offices in the hands of the government or the people. A loyal follower of Gorges and his King, as Provincial Councillor, he was, however, among the first to take the oath of allegiance to Massachusetts in 1652, where by his weight of character and popularity, he became special commissioner for holding courts, county treasurer and seargeant-major of the Yorkshire militia.

John Josselyn, writing in 1663, said: "Towns there are not many in this province. Kittery situated not far from Passacataway is the most populous." In 1652, when the people of Kittery submitted to Massachusetts, it was recognized as a municipal township and along with York received a guaranty of equal privileges with other towns of Massachusetts.

The Town Council acts as the governing body of the Town, with all the regulatory and corporate powers of a municipal corporation provided under the Maine law. In general, the Council supervises the operations of town government by establishing Town policies and programs and appropriating funds for each Town department.

The Town Council consists of seven (7) Council members. The Council is the policy-making body of the Town and is held ultimately responsible for implementation of all programs and services provided by the Town. The Council approves most ordinances, resolutions and contracts. The Council reviews proposals for community needs, initiates actions for new programs and determines the ability to provide financing. The Council approves and modifies the budget as prepared by the Town Manager and staff.

Committees and Boards are standing bodies established by a State statute, Town ordinance and/or Town Charter and appointed by the Town Council to provide ongoing citizen input on major policy areas. Most appointments are for three years and terms are staggered to provide for continuity. The term "board" or "Committee" members will be used interchangeably and in lieu of Commission/ Committee/ Commissioners." In this handbook, the generic term "Board" includes Authority; Commission; Committee; Council; Trust. The responsibilities of the members include:

The Town Staff, under the direction of the Town Manager, is responsible for carrying out the policy of the Town Council, enforcing ordinances and implementing programs and services. The Town Manager is appointed by and reports to the Town Council. All other Department Heads and staff members are hired by, and responsible to, the Town Manager. As the Town's Chief Executive Officer, the Town Manager oversees responsibilities for the day to-day administrative affairs of the town, including assigning staff liaisons to assist the various boards and Committees. Committees and Boards work closely with the staff liaisons; however, they do not have the authority to supervise or direct the work of staff. Special assignments to staff are made through the Town Manager.

The Town Manager is appointed by the Council and serves under the terms of an employment contract. The Manager is the administrative head of the Town Government and is subject to the direction of the Town Council. The Manager is responsible for the efficient administration of all the affairs of the Town, which are under his/her control. The Town Manager's responsibilities include the following: enforcement of ordinances; responsibility and direction over all employees; preparation and submittal of the annual budget, and chief advisor to the Town Council. The Town Manager reports to the Town Council and holds a non-elected, salaried position. The Manager has the further responsibility to project future program needs and services and determines the financial, personnel and social impacts of these decisions.

The Town Attorney is contracted by the Town Council to provide legal services on an hourly basis to the Town. The Attorney's services are coordinated at the management level. The Town Attorney also provides day-to-day information to the Town staff on legal matters and acts as the Town's representative in legal actions. The Town Attorney is accessed through the Town Manager by request of a Chairperson.

The Town retains the services of an engineering firm as the Town Engineer. This is on a contract for service basis and utilization of the service is dependent upon need. Periodically, additional services are required and they, too, are provided on a contract basis. Engineering services are available to all functions within the Town organization.

The responsibility for compliance with appropriate hiring procedures and other employment laws lies with the Town Manager with assistance of the Manager's staff and the Personnel Board. The Town Manager, through the Personnel system or Union contracts, oversees the compensation and is responsible for the hiring, firing, promoting, disciplining and motivating of Town employees. Day-to-day personnel actions are handled at the department level.

There should be a two-way communication so that the Boards and Committees are aware of the long and short-term goals and policies that the Town Council has adopted or may be promoting. The Town Council should know of the work in progress or being planned by the Boards and Committees so that the Council is receptive to new ideas that may be presented to them.

In most cases, there is one staff person or Town Councilor assigned to serve as a liaison between the Board/Committee, the Council and staff to research and investigate questions raised by the Committee or Board. More than likely, staff will be responsible for letting the Boards and Committees know what is happening in the organization, what issues need Committee/Board direction, and will probably suggest alternatives that the Boards and Committees may consider. Staff or Council liaison suggestions may not be accepted all the time, but it is important that good relationships exist between the Boards and Committees and staff, so that together a reasonable solution can be derived. The following are some ways to avoid misunderstandings and to keep the channels of communication open:

The staff and Town Council liaison has a responsibility to keep the Boards and Committees informed. Staff does this by making sure that other employees, and all Boards and Committee members know the purpose and goals of the organization. The staff person is also responsible for suggesting methods whereby the Boards and Committees can accomplish these goals by:

Boards and Committees have a varying number of members appointed by the Town Council for usually a three-year term. The Town Council will interview applicants to the different Boards and Committees, as per its Selection Procedures, either through an individual Councilor interviewing the applicant or for applicants to the Planning Board, Cable Rate Regulation Board and Zoning Board of Appeals, the entire Town Council - or with at least a quorum present - is required to interview the candidate for appointment. Members on Boards and Committees are asked if they wish to be considered for reappointment by the Town Clerk, who sends a letter with a re-appointment form, 60 days prior to the extension of the member's term.

From time-to-time a vacancy occurs on a Boards and Committees during a term. When this occurs, the waiting list of available applicants for the vacant board will be used. If there is no waiting list of available applicants, the Town staff will advertise that a seat is available and ask for applications. The Town Council will then appoint a person to complete the vacated term, following the established procedure.

Boards and Committees, as well as the Kittery Port Authority, find themselves uniquely situated in the government organization. Appointed volunteers receive no compensation. Members are appointed, not elected, and they may not represent an identifiable constituency. In some cases, they have considerable authority and staff can easily implement their recommendations, while in other areas their function is as advisors to Town Council, without any authority. The Town's Boards and Committees exercise the authority delegated to them by the Town Council as set forth in the Town's ordinances and Charter, with exception of the Kittery Port Authority, which has its authority defined under State statute.

Special meetings may be called when needed for the transaction of business. The calling of all meetings must satisfy the requirements of the Town Charter, Ordinances and State and Federal Laws, and meetings will be conducted using Robert's Rules of Order. Business may take place only at special or regular meetings if a quorum of the Board's and Committee's members is present.

Purchases relating to or in conjunction with the work of the Boards and Committees may be made using the Board's and Committee's budgeted funds. Once a majority of the Boards and Committees at a meeting votes in favor of expenditure or grants the Chairperson the authority to purchase, the procurement must be approved by town staff (and Town Manager based on amount). This helps assure that the funds, which are public funds, are expended in accordance with applicable laws and Town financial procedures.

All Boards and Committees meetings are open to the public and must be held in a publicly owned building or facility that accommodates ADA requirements. Most meetings should have an agenda posted prior to the meeting. Location of the agenda posting is at the Municipal Complex 200 Rogers Road Extension. An additional posting should take place at the building or facility that the meeting is actually held if it is not the Municipal Complex. All agendas should have the basic information of the Meeting date, location (including room number), time and items to be discussed.

A Chairperson of a Board or Committee who finds their meeting of the Board and Committee requires cancellation, shall notify their staff or Council liaison person or the Town Manager's staff of the cancellation. The posted agenda will be replaced with a notice of cancellation at each of the posting locations. During inclement weather, the Town Manager may close the Municipal Complex for safety reasons. When that occurs, meetings scheduled for that day will be cancelled. The Town Manager's staff will notify the affected Board's and/or Committee's chairperson.

(However, this section of the Freedom of Access Act at present does not also reference each of the State laws that make these records confidential, and this reference should be added to make the citation complete. Legislative staff is supposed to prepare a bill for the Legislature to enact that will list all of these records that are made confidential by statute, but until such an amendment is passed, consult your municipal attorney or MMA Legal Services for the legal citation to the statute that makes a particular record confidential.)

If an Executive Session is being considered, it should be a meeting agenda item that clearly indicates the purpose of the Executive Session. An open meeting motion is required to enter and exit from the Executive Session. The motion to go into the Executive Session must state one, or more, as necessary, of the nine above reasons and must be recorded in the minutes of the meeting. During the Executive Session, no minutes or votes can take place. Those allowed into the session are board members, staff/ Committee consultant, Town Attorney and others that the board believes are proper to discuss the issue. Boards and Committees should refrain from using Executive Sessions without first consulting the Town Manager or Town Attorney before scheduling an Executive Session.

In general, records created or received by members of Boards and Committees (regardless of their form) concerning Town business or Town related issues are public records with the exception of certain personnel information or issues and Legal Counsel's internal guidance correspondence to Boards and Committees on a specific issue and must be available to the public for review. In those areas where documents are thought to be confidential, please obtain an opinion from the Town Manager or Town Attorney.

As noted above, the Town of Kittery is required by law to maintain public records. This is often most challenging when records are in the form of email. However, the law allows e-mails to be discoverable as part of litigation. All Boards and Committees e-mail communications should also be copied to your staff and Town Council liaison so that they are kept appropriately informed.

In summary, communications by e-mail cannot be used as a means of circumventing the right to know law. A Board or Committee member may use e-mail to distribute informational material to all other members as long as it is available to the general public. However, such distributions should not be made with the intent to initiate responses from other Committee /Board members. Any discussion of such informational communications should be reserved for public meetings. E-mail of informational material should be preserved in the manner provided above.

Boards and Committees are encouraged to obtain public input prior to making recommendations. However, Committees, and Committee /Board members in their official capacity, must be careful not to promote their position, whether for or against an issue. Information provided to the public during the public input process should be factually based.

Members of Boards and Committees are expected to attend all meetings. Members missing a meeting or multiple meetings should inform the Chairperson of their absence and reason(s). It is the duty of the chairperson to notify the Staff or Town Council liaison when this occurs. If members of Boards and Committees are unable to continue service due to health, missing multiple consecutive meetings, business requirements, personal reasons, or moving out of Town, they should submit a formal letter of resignation to the Town Council. Advance notice is appreciated so that advertising can be done to obtain a replacement.

A record of resolutions, transactions, findings and other determinations shall be kept by the Board or Committee secretary, staff or Council liaison. Board and/or Committee meetings are sometimes taped to facilitate the preparation of minutes. The written minutes are the official record of the proceedings. Minutes of both regular and special meetings must be prepared.

The minutes must contain the following: the members of the Boards and Committees and staff who were present; the time the meeting convenes and adjourns; a description of the items discussed; the names and addresses of the people who have spoken at the meeting and their opinion for or against a decision. The minutes of all meetings should be reviewed as soon as possible after receipt and approved by the members of the Boards and Committees at their next regular meeting. Findings of facts are also involved with certain boards and committees and should be reviewed when the minutes are presented.

Minutes are not a verbatim transcription of meetings. Lengthy discussions are often briefly summarized. When reviewing the minutes, members of Boards and Committees should check to make sure that they reflect the meeting overall, that the direction given or motions made are correct. Any major revisions (changes in content) needed must be made at the time the minutes are being considered for approval. Minor revisions such as grammar or spelling errors should be given to staff in advance or at the beginning of the meeting in which the minutes are being considered for approval. Minor revisions do not require a motion.

The chair is the key to the proper functioning of any Board and Committee. The chair has the important responsibility of ensuring that the meetings operate efficiently and he or she maintains the unity of the Boards and Committees. Consequently, the election of the chair should be viewed as an important Boards and Committees task. Although any member of the Boards and Committees may request an agenda item, it is the Chair's responsibility to work closely with the staff to develop the meeting agendas and review the requested agenda items from the other members of the Boards and Committees. In Kittery, the chair and vice chair are elected from among the members for a one-year term by the Boards and Committees.

It is recommended that if a member misses all or part of a public hearing, the member should abstain from voting on the matter unless he/she has become familiar with all the evidence presented at the hearing. It is suggested that the member listen to a tape recording of the hearing (if available), examine all written materials, and state at the meeting that he/she has done so and feels competent to vote on the item.

6. Members of the public are heard. All interested speakers are given an opportunity to speak once before speakers are heard a second time. The Chairperson has many responsibilities, including assessing the time allocated for public comments. Time management is required by the Chair to properly run an effective hearing and attempts should be made to control repetitive comments.

3. As much as possible, speakers should express their comments concisely and briefly, with the exception of public hearings. The Chair may designate a specific amount of time for each speaker. The Chair should make sure sufficient time is allocated to speakers for Board /Committee members to understand the facts or concerns being presented. If the number of people wishing to speak necessitates, groups may be asked, but not required, to designate a spokesperson for the group.

To be selected as an active member of Town Boards and Committees is a privilege and provides an opportunity for genuine public service. Although the duties of each of Kittery's Boards and Committees vary widely, there are certain responsibilities that are common to all Board and Committee members. The following is a summary of the important responsibilities to appointed members:

The department head or Town Manager is responsible for the programs within each Board's and Committee's scope of interest and is available to assist new members in becoming familiar with their roles and duties. They also will provide information about Town policies, minutes of past meetings, and other helpful data.

Individual members should refrain from representing their views or recommendations as those of their Board or Committee unless it has officially voted to approve the recommendation. Members making recommendations or expressing views not approved by the majority of their Board or Committee should indicate that they are representing only themselves as individuals. Statements to the press should be made by the Chairperson of each Board or Committee unless a spokesperson has been designated.

If the vote on an agenda item is not unanimous, a minority report may be submitted to the Town Council by individual members of a Board /Committee. The disagreement should be stated in the minutes and a copy of the minority report should be placed in the Committee/Board records. If the member was absent at the time action was taken, he/she may state the desire for a minority report at the next meeting. If time does not allow, the member should submit his/her concerns to the Town Council, stating that he/she is speaking as an individual and not for the Committee as a whole.

Although Boards and Committee members may be selected, in part, because they represent clearly defined groups, once selected each appointed member should represent the entire public interest of the Town and not just his/her respective group interest. The question, "What is best for the entire community?" should take precedence over "What is best for my interest group?"

As an influential member of the community, a member is in the unique position of serving as a liaison between the Town and the general public in helping to reconcile contradictory viewpoints and building a consensus around common goals and objectives. An appointed member must serve as a link between the community, staff and Town, by presenting Town programs and recommendations and also providing a channel for citizen expression. A primary role of the Boards and Committees is to determine the attitudes of the citizens concerning Town programs.

Board and Committee members, in connection with their role, may spend hours in research on a particular problem. Appointed members should be familiar with the portions of the Comprehensive Plan, the Town Charter and Code, and the Zoning Code applicable to their area of responsibility and should thoroughly review staff reports, plans, and materials submitted by the applicant in advance of meetings. Planning Board and Zoning Board of Appeals packets are provided to their members.

The responsibility for allocating scarce public resources rests with the community's elected representatives, the Town Council, and cannot be designated to an outside group, however capable and interested it may be. Boards and Committees should review Town policies related to programs under their scope of interest and make recommendations for changes to the Town Council. Boards and s must adhere to the policies approved by the Council as expressed in the Comprehensive Plan, the Town Code and other official documents.

It is therefore not appropriate for members to direct staff, or to become involved in the administrative or operational concerns of the Town Departments. While the Staff can provide routine information regarding on-going projects, a formal request to the Town Manager must be made for Staff involvement in projects. If Committee/Board members have questions or are concerned with Staff services provided to the Committee/Board, the Town Manager should be contacted immediately to review the matter. Town Staff is required by the Town Manager to make individual professional recommendations which may, or may not, agree with those of the Committee/Board. The Staff is required to present fairly the Board's recommendations and explain them, but will not defend them if in disagreement.

When appropriate, the Board/Committee chair or delegated representative may be present at the Town Council meeting to report on the Board's or Committee's recommendations, but he/she should contact the Town Manager or Council Chair by no later than 4 p.m. on the Tuesday prior to the Town Council meeting to make a presentation to Council and be placed on the agenda.

The trick is to make sure that meetings are not unnecessarily scheduled and discussions are not unduly long-winded. Everyone has something valuable to contribute, but knowing when, and how, to control discussions can make the difference between side-tracked dialogue, and an insightful observation. Public meetings are the place where most Committee Board members spend the majority of their working time and where their public reputations are made. All too often, the impressions upon public are negative because the Boards /Committees commit one or more of the five (5) "cardinal sins" of conducting a public meeting. They are:

If many people want to speak in a limited time, speaking time should be rationed (except at a public hearing) so all may be heard. A helpful method is requesting a show of hands of those who wish to speak on a particular subject, then making a time allocation and holding to it. It is not necessary to permit individuals to have second and third opportunities. However, a statement concerning this should be made at the onset.

Many Board and/or Committee members get so bogged down in petty details, endless searches for new data and procedural distractions that matters brought before them never seem to be resolved. Some Boards /Committees have taken so long to make a decision that, by the time a decision reaches the next level of government, conditions have changed the affected proposal and, therefore, the recommendations are obsolete.

According to Sec. 12.05,Town Meetings, of the Kittery Town Charter, a vote must be taken to extend the meeting past 10:00 p.m. and that all meetings must end no later than 11:00 p.m. Therefore, don't make people who have come for a 7:00 p.m. hearing wait hours to be heard, or worse yet, make them come back again because there was not enough time. Try to stick to the items listed on the agenda.

Since the Board/Committee usually has the time to make decisions after the public hearing, don't fear holding the Board/Committee discussion over until the next meeting when sufficient time does not remain at a meeting. Schedule an extra meeting now and then to clear any backlog of items that need to be considered.

Trust in the government must be continuously earned. Committee /Board members who have business or financial interest, or relatives or close friends who would stand to profit from a decision obviously should not participate in the decision-making and should recuse themselves from the entire hearing so no opportunity exists for them to appear to influence their colleagues. Councilors, Committee and/or board members are elected or appointed to make tough decisions, not to avoid them.

You have asked for an opinion addressing the issue of conflicts of interest as they may apply to members of our municipal boards. I will direct my comments principally to members of the Planning Board, Zoning Board of Appeals, and Port Authority. Each of these boards [along with other things they do] deal with various rights and property interests of applicants seeking approvals or permits to undertake some activity.

As a general statement, no one would doubt that conflicts of interest as well as the appearance of conflicts of interest must always be avoided by members of any of our boards. Members with real or apparent conflicts should refrain from participating at board meetings on pending matters in which a board member would appear to have a conflict. Some conflicts may be quite obvious to the member and the board. Others may be apparent to the member but not to the board.

Section 12.01 of the Kittery Town Charter as well as Title 30-A M.R.S.A. ' 2605 address the issue of conflicts of interest directed primarily at direct or indirect financial conflicts. Section 12.01(2) requires a board member to disclose his or her financial interests [and that of extended family members] and abstain from all board discussion, voting, and debate on any such conflict issue that falls within the statute. Since I don't believe statutorily defined financial conflicts have generated any real issues the boards, I will not get into these unless you wish me to.

The Kittery Planning Board, Board of Zoning Appeals, and, to a lesser extent, the Port Authority deal with issues directly involving the adjudication of important property interests and rights before it. It is essential for board members when making judgments and determinations on these applications and appeals to act in a fair and impartial manner. Applicants are entitled to nothing less. Moreover, it is important that board members be perceived as acting fairly with no undisclosed motivations when dealing with these issues.

Board members determine facts and apply evidence to existing ordinances, statutes, codes, and regulations to determine a result. The integrity of the boards' decision-making process depends on the impartiality and fairness of the individual board members throughout this process. Applicants must be able to have a degree of confidence that whatever the outcome of a particular board decision, it is rendered fairly without no preconceived notions or biases for or against an applicant's proposal.

Conflicts can take many forms. A board member, for example, may sign a petition or speak out publicly for or against a matter that is likely to come before the board on which that member sits. If this happens, the member puts himself or herself in a position of trying to appear as an objective and impartial decision maker on an issue that the member has already taken a position or it appears that the member has. Again, by way of example, a board member may become involved as a party to some litigation for or against a particular cause. The member's participation in such endeavors merely leads to speculation as to whether that member can be fair and objective should that issue come before a board on which that individual sits. This is so even if the litigation is dropped or later withdrawn. A board member may also have some personal stake in the outcome of a board decision, that is, some personal benefit from a particular result. Decisions under these circumstances tend to compromise objectivity and could reflect poorly on the member and the board. It could also create an opening for a challenge that could possibly jeopardize the board's decision.

In Pelkey v. City of Presque Isle, the Maine Supreme Court dealt with a claim of conflict of interest by a zoning board member in the Town of Presque Isle, Maine. Prior to that member's appointment to the zoning board, the member had been a vocal opponent and had spoken at public hearings against a project that later came before the zoning board for considera-tion. By that time, the opponent had become a member of the zoning board and proceeded to participate and vote on the matter. The Supreme Court reversed the decision of the board and remanded the matter back to the board for a new hearing "before only those board members who, as then members of the public, did not oppose or support [the] application at previous hearings." Whether the board member actually believes that he could deliberate fairly and impartially on the issue before the board despite an earlier position against the project was not really at issue. The appearance of a conflict was manifest and out in the public for all to observe. As shown by the Pelkey decision, it is difficult for a board member to appear fair and impartial when the board member has taken a pre-board hearing positions for or against a particular matter. The price board members pay for serving on boards is that they must refrain from taking positions on matters that are likely to come before the board for adjudication.

In an earlier opinion, I stated that there was nothing wrong with having a conflict of interest. This is so. Conflicts may develop from time to time at any time. The problem is not that a conflict arises. It is how that conflict (real or perceived) is handled once it does arise. Whether how that conflict is acknowledged or disclosed and how it is dealt with is the important thing.

I believe that over the years our various board members have been very mindful of their responsibilities on these issues. There have been little if any problems that have arisen involving board member conflicts. Frankly, the best guide in all these situations is a sound sense of honesty, fairness, and common sense as well as an appreciation for the fairness and integrity of a board's decision-making process.

Official means an elected or appointed member of a town hoard. Family member means an official's spouse, parent, child, sister, brother, stepparent, stepchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and a person with whom any of the foregoing share a committed relationship. Financial interest means any direct or indirect interest involving at least 10% ownership in a public or private economic entity, or direct or indirect ownership or control of real property. (Added by vote of the people 6-11-02)

(4) Determination protocol. Upon disclosure and request for determination, the determination is made by the board members present, excluding the member in question, by majority vote, unless a greater number is required by rule, ordinance, or this charter. If the vote favors disqualification the member is excused from all board discussion, debate, and voting on the issue until concluded and is recorded as abstaining. (Added by vote of the people 6-11-02)

(1) Equal opportunity. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any town position or appointive town administrative office because of race, gender, age, nationality, handicap, sexual orientation, political or religious opinions or affiliations. (Amended by vote of the people 6-11-02)

(2) Impartiality. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made there under, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (Amended by vote of the people 6-11-02)

(3) Wrongful monetary consideration. No person who seeks appointment or promotion with respect to any town position or appointive town administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with any test, appointment, proposed appointment, promotion or proposed promotion. (Amended by vote of the people 6-11-02)

(4) Political solicitation. No town official shall directly or indirectly, orally, by letter or otherwise solicit or assist in soliciting from any person in the employ of the town any assessment, subscription or contribution for any political party or political purpose whatever. (Amended by vote of the people 6-11-02)

(7) Gifts and favors. No town official shall, by virtue of public office or position, take advantage of services or opportunities for personal gain that are not available to the public in general. Examples of services or opportunities for personal gain are gifts of any kind, favors, promises of future gifts or gain. (Added by vote of the people 6-11-02)

The clerks of the Supreme Judicial, Superior and District Courts may issue summonses for witnesses to attend and produce books, documents and papers at any meeting of the town council for the Town of Kittery at which a hearing is had in any matter regarding any alleged dereliction of duty by town officers or employees. (Amended by vote of the people 6-11-02)

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Maine; that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Kittery, and will faithfully discharge the duties of the office of _________________"

No town board, including but not limited to the town council, school committee, planning board and zoning board of appeals, shall conduct business after 10:00 PM. This deadline may be extended to not later than 11:00 PM by a majority vote of the members present unless a greater number is required by rule, ordinance or this charter. (Added by vote of the people 6-11-02)

D. With the approval of the majority of the Kittery town council, receive gifts in the municipality's name for any of the Commission's purposes and shall administer the gift for those purposes, subject to the terms of the gift; acquire land or easements and trusts, and accept gifts of land or money or easements, for conservation purposes; and

A. The municipal officers may appoint at least three, but not more than seven, Conservation Commission members. The Commission members shall be selected from the qualified resident voters of the town. Members shall initially be appointed for terms of one, two and three years, such that the terms of approximately one third of the members will expire each year. Their successors shall be appointed for terms of three years each. Members shall serve until their successors are appointed and qualified.

B. The Commission may recommend to the municipal officers that associate members be appointed to assist the Commission as the Commission requires. Associate members are nonvoting members, except when a quorum is absent. Their terms of office shall be for one, two or three years. Associate members shall be selected from the qualified resident voters of the town. (Ord. 4-92 § 5: Ord. 2-92 § 5: Ord. 7-88; prior code § 2-2 (part))

C. With the approval of the majority of the town council, apply for grants or receive gifts in the municipality's name for any of the Commission's purposes and to administer these grants or gifts for those stated purposes, as specified by the terms of the grant or gift consistent with all appropriate state statutes;

A. The Commission consists of seven members, qualified under Section 2.07(2) of the town charter, who have demonstrated an interest in the town parks and facilities. Members shall initially be appointed for terms of one, two and three years, such that the terms of approximately one third of the members will expire each year. Their successors will be appointed for terms of three years each.

B. The Commission may recommend to the municipal officers that associate members be appointed to assist the Commission, as the Commission requires. Associate members are nonvoting members except when a quorum is absent. Their terms of office shall be for one, two or three years. Associate members shall be selected from the qualified resident voters of the town. (Ord. 7-99 (part))

The board shall consist of five members, the chairperson of the town council and the town clerk to be ex officio members and the clerk to be treasurer of said fund, and three additional members to be appointed by the moderator for one, two and three years respectively; and hereafter each year one member is to be appointed by the majority vote of the Kittery town council for a three-year term and thereafter for successive three-year terms. In the event that the office of trustee shall become vacant for any reason, the Kittery town council by majority vote shall fill such vacancy for the unexpired term thereof. (Prior code § 8-2(b))

Personnel Board Established--Composition--Qualifications, Terms, Removal, Compensation of Members--Filling of Vacancies--Duties Generally. A personnel board is established, consisting of five members appointed by the town council. No member of the board shall be employed by the town, nor hold or be a candidate for any elective office. Each member of the board shall serve a term of three years; provided, however, that of the members originally appointed, one shall serve for a term of one year, two for a term of two years, and two for a term of three years. All terms expire on the same date in their respective years. Members serve conditioned only upon good behavior and may be removed for cause after notice and hearing. However, no member of the personnel board may serve for more than two consecutive three-year terms. Vacancies occurring during a term are filled by the town council for the balance of the term. Members of the board serve without compensation, but funds will be provided for reasonable and necessary expenses. The board elects its own chairperson. In addition to the duties set forth elsewhere in this chapter, the board shall:

E. Function of Personnel Board Generally. It is not the personnel board's function to exclusively represent the interests of the employee or the employer; it is the board's function to fairly and impartially represent the interests of both parties and to clearly and continually work for the development of mutual respect, understanding, and cooperation between the parties. (Ord 3-00 (part): prior code § 91Committee2-3)

3. The ZBA shall consist of seven members, who shall be residents of Kittery, serving staggered terms of three years. The number of consecutive terms by any board member is limited by Sec. 8.04(3) of the Town Charter. The ZBA shall elect annually a chairperson and secretary from its membership. The secretary shall provide for the keeping and maintaining of a permanent record of all board meetings of the ZBA, and shall show the vote of each member upon each question. All records of the ZBA are public record, except as excluded under the Maine Freedom of Access (Right to Know) statute. A quorum consists of four members. All decisions shall be made by a minimum of four like votes, except on procedural matters.

1. An agenda shall be prepared for each meeting. Appellants/requestors may be placed on the agenda in the order that their applications are considered complete by the code enforcement officer. Drawings and information must be available to ZBA members at least two weeks before the appellant/requestor is to appear before the ZBA. Ten sets of all submissions are required.

b. Variance Appeals. To hear and decide, upon appeal, in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of this title would result in unnecessary hardship. In granting any variance, the ZBA shall prescribe conditions and safeguards as are appropriate under this title. In accordance with MRSA, Title 30-A, paragraph 4353(4), or subsequent amendments or revisions thereto, variance may only be granted where:

3. The ZBA may only grant zoning special exceptions which are specifically authorized by Chapter 16.12; decide such questions as are involved in determining whether such special exceptions should be granted; and, establish conditions and safeguards as are appropriate under this code, or to deny such special exceptions, when not in harmony with the purposes and intent of this code and the Kittery comprehensive plan(s). (Ord. 19-99: land use and dev. code § 1.5, 1994)

The members of the town council shall be and constitute the municipal officers of the Town of Kittery for all purposes required by statute, and, except as otherwise herein specifically provided, shall have all powers and authority given to, and perform all duties required of, municipal officers under the laws of this State.

Each member shall be elected for a term of 3 years and shall serve until his successor is elected and qualified, except that, at the first election after adoption of this charter, the 3 members-elect receiving the largest number of votes shall serve until October of 1970, the 2 members-elect receiving the next largest number of votes shall serve until October of 1969, and the 2 members-elect receiving the next largest number of votes shall serve until October of 1968. In case any candidates receive an equal number of votes, their relative positions shall be determined by lot. (Amended by vote of the people 10-4-94)

(2) Petition by voters. On the written petition of a number of voters equal to at least 15% of the number of qualified voters registered at the time of the most recent municipal regular election, the town council shall, by order, provide for a special recall election as hereinafter provided. (Added by vote of the people 6-11-02)

(4) Calling of election. Within 20 days of receiving the clerk's certificate of sufficiency, or of the town council's determination of sufficiency, the council shall, by order, call for a special election on the recall question, such election to be held not earlier than 45 days nor later than 60 days after the order. (Added by vote of the people 6-11-02)

Council members shall each be entitled to receive $20.00 for each regular and/or special meeting attended, plus their actual and necessary expenses. Such compensation may be changed by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of the councilors elected at the next regular election, provided that such election follows the adoption of such ordinance by at least 6 months. (Ord. No. 1-74, 3-11-74; amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)

(2) Vacancy. The council shall fill any vacancy that may occur in the office of chairperson, from among its members, for the unexpired term by a majority vote of the council. In the temporary absence or disability of the chairperson, the council may elect from among its members, a chairperson pro tempore who shall exercise all the powers of the chairperson during such temporary absence or disability of the chairperson.

(3) Duties. The chairperson shall preside at meetings of the council, shall be recognized as the head of the town government for all ceremonial purposes and be the Governor for purposes of military law, but shall have no administrative duties. The chairperson shall be entitled to vote on council matters and that vote shall be counted as a vote of the other members of the council. (Amended by vote of the people 10-4-94)

(1) The council shall have the power to appoint, suspend, and remove the town manager, but suspension or removal shall be in accordance with Section 3.02 of this charter. The council shall have the power to appoint, and to remove for cause after notice and hearing, all members of boards created by statute, ordinance, this charter or by council action unless otherwise provided therein. (Amended by vote of the people 6-11-02)

(2) All appointments of voting members, regular and/or ad hoc, shall be made from among the qualified resident voters of the town and each appointee during term of office must remain a qualified resident voter in order to retain appointment. Applicants for the planning board, zoning board of appeals, and cable TV rate regulation board must be interviewed by the council, with at least a quorum present, before any vote is taken by the council on the appointment. (Amended by vote of the people 6-11-02)

(4) The council shall have the power to, by ordinance, create, change and abolish offices, departments and agencies, other than the offices, departments and agencies established by this charter. The council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this charter to a particular office, department or agency.

(5) The council shall provide for an independent annual audit of all town accounts and may provide for such additional audits as it deems necessary. Such audits shall be made by the State Department of Audit or by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the town government or any of its offices.

The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office as set forth in section 2.12, subsection 2, and for that purpose shall have the power to subpoena witnesses as provided in section 12.03, administer oaths and require the production of evidence. A council member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the town at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to review by the Superior Court.

(1) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the chairperson or of 4 or more members and, when practicable, upon no less than 12 hours' notice, to each member. All meetings shall be public. However, the council may recess for the purpose of discussing in a closed or executive session, limited to its own membership and the manager or qualified officers and advisors concerned with the matter to be discussed, any matter which qualifies under State statute, provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the council until the matter is placed on the agenda.

(3) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. At least 12 hours' notice of the time and place of holding such adjourned meetings shall be given to all members who were not present at the meeting from which adjournment was taken and to the public. No action of the council, except as otherwise provided in the 2nd sentence of this subsection and in section 2.12, subsection 3, shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the council. (Amended by vote of the people 10-4-94)

(1) Holding other office. Except where authorized by law, no councilor shall hold any other office or employment with the school department or in a town department during the term for which the councilor was elected to the council, and no former councilor shall hold any compensated appointive town or school office or employment until one year after the expiration of the term for which the councilor was elected.

(2) Appointments and removals. The council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of any town administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but neither the council nor any of its members shall in any manner dictate the appointment or removal of any such officers and employees.

(3) Interference with administration. The council or its members shall deal with town officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. This subsection does not prevent the town council from appointing s or s of its own members or of citizens to conduct investigations into the conduct of any official or department, or any matter relating to the welfare of the town. (Amended by vote of the people 10-4-94)

(3) Filling of vacancies. If for any reason a vacancy shall exist in the membership of the town council more than 6 months prior to the next regular municipal election, the vacancy shall be filled by a special election for the unexpired portion of the term. In the event such vacancy occurs less than 6 months prior to the next regular municipal election, the vacancy may be filled for the unexpired portion of the term by a special election to be called by the municipal officers. Any such special elections shall be conducted in accordance with the provisions of Article X. (Amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)

(1) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The Town of Kittery hereby ordains...". Any ordinance which repeals or amends an existing ordinance or part of the town code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.

(2) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the council. The town clerk shall provide a copy to each council member and to the manager and shall make a reasonable number of copies available in the office of the town clerk, and shall publish in a newspaper of general circulation in the town a notice setting out the time and place for a public hearing thereon. The public hearing shall follow the publication by at least 7 days, may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard at the hearing. After the hearing, the council may adopt the ordinance with or without amendment or reject it.

To meet a public emergency affecting life, health, property or the public peace, the council may adopt one or more emergency ordinances in the form and manner prescribed for ordinances generally, but such emergency ordinances may not levy taxes or authorize the borrowing of money except as provided in section 6.10, subsection 2. An emergency ordinance may be adopted with or without amendment or rejected, but the affirmative vote of at least 5 members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify.

Every emergency ordinance, except one made pursuant to section 6.10, subsection 2, shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

(2) Codification. Within 3 years after adoption of this charter and at least every 10 years thereafter, the council shall provide for the preparation of a general codification of all town ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly in bound or loose leaf form, together with this charter and any amendments thereto, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Kittery Town Code. Copies of the code shall be furnished to town officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council.

(3) Printing of ordinances and resolutions. The council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the council. Following publication of the first Kittery Town Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code then currently in effect and shall be suitable in form for integration therein.

The terms of school committee members in office on the date of the adoption of this amendment shall not be affected by this amendment. Each member shall be elected for a term of 3 years and shall serve until the member's successor is elected and qualified, except that, at the first regular election after adoption of this charter amendment, 3 member positions shall be up for election representing the expiring 3 year term of 1 of the existing members and the 2 additional member positions created pursuant to Sec. 4.01(1). The 3 members-elect receiving the largest number of votes shall serve until the regular election and qualification of school committee members in 1998. In case any candidates receive an equal number of votes, their relative position within the elected terms shall be determined by lot. If the determination by lots would result in one of the tied candidates being denied elective office, a special election shall be held to resolve the tie vote. (Amended by vote of the people 10-4-94)

(2) Petition by voters. On the written petition of a number of voters equal to at least 15% of the number of qualified voters registered at the time of the most recent municipal general election, the town council shall, by order, provide for a special recall election as hereinafter provided. (Added by vote of the people 6-11-02)

School Committee members shall each be entitled to receive $20.00 per regular and/or special meeting attended as compensation for their services and the committee may provide in its budget for actual and necessary expenses. Such compensation may be changed by ordinance but no ordinance increasing the compensation shall become effective until the date of commencement of the terms of school committee members elected at the next regular election, provided that such election shall follow the adoption of such ordinance by at least 6 months. (Ord. No. 1-74, 3-11-74; amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)

(2) Vacancy. The school committee shall fill any vacancy that may occur in the office of chairperson, from among its members, for the unexpired term by a majority vote of the committee. In the temporary absence or disability of the chairperson, the committee may elect, from among its members, a chairperson pro tempore who shall exercise all the powers of the chairperson during such temporary absence or disability of the chairperson.

The school committee shall provide for the method of preparing and submitting the annual school budget in detail to the town manager at least 90 days before the beginning of the fiscal year. It shall also submit a complete list of estimated receipts not less than 50 days before the beginning of the fiscal year. As an exception to this rule submission of estimated receipts may be deferred to a later date which may have been mandated for that year by the state legislature or the state board of education. (Ord. No. 14-77, 10-4-77)

The school committee shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office as set forth in section 4.10, subsection 2, and for that purpose shall have the power to subpoena witnesses as provided in section 12.03, administer oaths and require the production of evidence. A school committee member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the town at least one week in advance of the hearing. Decisions made by the school committee under this section shall be subject to review by the Superior Court. (Amended by vote of the people 10-4-94)

(1) Meetings. The school committee shall meet regularly at least once in every month at such times and places as the school committee may prescribe by rule. Special meetings may be held on the call of the chairman or of 3 or more members and, whenever practicable, upon no less than 12 hours' notice to each member as defined by the rules adopted under this section, subsection 2. All meetings shall be public. However, the Committee may recess for the purpose of discussing in a closed or executive session, limited to its own membership and the school superintendent or qualified officers and advisors concerned with the matter to be discussed, any matter which qualifies under State statute, provided the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the Committee until the matter is placed on the agenda.

(3) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the school committee shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the school committee. At least 12 hours' notice of the time and place of holding such adjourned meeting shall be given all members who were not present at the meeting from which adjournment was taken. No action of the school committee, except as otherwise provided in the second sentence of this subsection and in section 4.10 shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the committee. (Amended by vote of the people 10-4-94)

Except where authorized by law, no school member shall hold any other office or employment with the school department or in a town department during the term for which he/she was elected to the school committee, and no former school committee member shall hold any compensated appointive town or school office or employment until one year after the expiration of the term for which he/she was elected to the school committee.

(3) Filling of vacancies. If for any reason a vacancy shall exist in the membership of the school committee more than 6 months prior to the regular municipal election, the vacancy shall be filled by a special election for the unexpired portion of the term. In the event such vacancy occurs less than 6 months prior to the next regular municipal election, the vacancy may be filled for the unexpired portion of the term by a special election to be called by the municipal officers. Any such special elections shall be conducted in accordance with the provisions of Article X. (Amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)

This article shall be administered by the Kittery cable television rate regulation board which shall consist of five members and one alternate appointed by the town council from the qualified voters of the town. Members shall serve for terms of three years and until their successors are appointed and qualified. Members may be removed by the town council for cause after notice and hearing. For the initial terms only, one shall be appointed for three years, two for two years, and two for one year. The alternate member shall be appointed for a term of three years. (Ord. 4-94 § 2.8 (part))

B. Franchising Authority Response. The franchising authority shall make a decision on the rate request within thirty (30) days after the cable operator submits its rate justification. The rates proposed by the cable operator shall automatically take effect after that thirty (30) day period unless the franchising authority issues a statement that it needs additional time to make its decision.

If the franchising authority decides that it needs longer than the initial thirty (30) day period to consider the rate request, it may issue a statement to that effect. Such statement may provide for up to ninety (90) additional days to review a rate request based upon a benchmark approach and up to one hundred fifty (150) days to review a rate request based upon a cost of service approach.

If the franchising authority cannot reach a decision by the end of the extended period set forth in the preceding paragraph, the rates proposed by the cable operator shall go into effect, subject to refund. If the franchising authority intends to seek refunds, it shall issue an order to the cable operator prior to expiration of the time period for response, notifying the cable operator to keep accurate records with respect to rates.

C. Public Hearing Required. A public hearing shall be held in connection with every rate setting proceeding. At least ten (10) days prior to the hearing date, the town clerk shall publish a notice of the hearing in a newspaper of general circulation in the town. The notice shall identify the name of the cable operator, indicate that a rate change has been requested, and identify the time and place of the public hearing.

G. Appeals. The FCC shall have exclusive jurisdiction to hear appeals challenging whether the franchising authority's decision is consistent with the 1992 Cable Act or any applicable FCC rules. Any participant in a franchising authority's rate regulation proceeding may appeal the franchising authority's decision on such grounds to the FCC within thirty (30) days of release of the public notice required under subsection F of this section.

(3) Term limits. No member shall serve more than 3 consecutive terms of 3 years. Any member who has served 3 consecutive terms of 3 years is ineligible to serve on the board for a period of 1 year. Computation of term limits commences with the first term of 3 years following the effective date of this provision. Computation of term limits does not include service prior to the effective date of this provision nor to terms of fewer than 3 years after the effective date. (Added by vote of the people 6-11-02)

2. Development applicants may be placed on the agenda for a scheduled hearing when their application is accepted by the town planner. Drawings and all other required information must be provided to board members at least two weeks prior to the applicant's appearance before the board. Requests for waiver of submission contents may be accepted by the town planner. Such requests shall be acted upon by the board at the scheduled hearing prior to any other consideration being given to the application. Ten (10) sets of all submissions are required.

There shall be a board of assessment review to consist of 3 members and two alternates, not otherwise connected with town government, who shall be appointed as hereinbefore provided in this charter for a term of 3 years, except that of those first appointed, one shall be for a term of 2 years and one for a term of one year. Vacancies in the membership of such board shall be filled by appointment by the town council for the unexpired term. (Amended by vote of the people 10-4-94)