Title 30-A is likely the statute that describes the process whereby the inhabitants of the municipality can amend their charter. I haven't had time to examine this closely yet. Title 30-A states that the voters can petition the officers but in the cases of the MRRA and Loring -chartered as municipal corporations ( local governance) that are "instrumentalites of the state( governed by and for the purposes of state government). the legislature provided that the local government would be governed by an unelected board appointed by the state. At first glance these would be "the officers" but it requires more than a first glance to figure out the truth. A municipal corporations serving as an "instrumentality of the state" is itself a contradiction in terms, while the legislature is prohibited by Article IV Part Third, Section 14 of the Maine State constitution from chartering corporations by special act of legislation to serve state purposes- the over use by our legislatureof the conclusory assertion "This is an essential government function" , found throughout the massive network of corporate instrumentalities of the state chartered by the same, aside. If the intent of the constitution was to allow a network of economic development corporations serving as "instrumentalities of the state", that intent would hardly be served by prohibiting the legislature from chartering corporations by special act of legislation with an exception for "municipal purposes".
I haven't had time to explore Title 30 and so I am just posting this to bring it to my readers attention. Following is a quote from Title 30 -A.
Further exploratory research reveals that at the same time the Home Rule Provisions were added to the statutes so was a new form of government called the "quasi-municipality" purportedly formed so that there could be utility districts- as if without such a new form of government individual municipalities would have no means to collaborate for mutual benefit. The quasi-municipality combines areas in independent municipalities forming an overlord municipality "to deliver public services" , to put it in very general and highly interpretive terms that can be very useful for the expansion of Maine State Inc. However as clever as this new linguistic creation may be- it still can't make the constitution grant an exception to the prohibition against chartering corporations by special act of legislation for "quasi municipal " purposes. The word "quasi" means "as if it were" but "as if" is not interchangeable with "is". The legislature is caught in the act of creating a loophole for the expansion of Maine State Inc even as it performs it's constitutional duty to protect the sovereignty of local government as voted by the will of the people.
I came upon this statute legitimizing a new form of government in search of the provision for establishing the officers of a municipal corporations. I am still searching for that, but on the up side I found
I haven't had time to explore Title 30 and so I am just posting this to bring it to my readers attention. Following is a quote from Title 30 -A.
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW) Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW) Subpart
2: ORGANIZATION AND INTERLOCAL COOPERATION HEADING: PL 1987, C. 737, PT. A, §2 (NEW) Chapter 111: HOME RULE HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
2. Petition by voters. On the written petition of a number of voters equal to at least 20% of the number of votes cast in the municipality at the last gubernatorial election, but in no case less than 10, the municipal officers, by order, shall provide for the establishment of a charter commission for the revision of the municipal charter or the preparation of a new municipal charter as provided in this chapter. [ 1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD) .]
3. Petition procedure.The following procedure shall be used in the alternative method set out in subsection 2. A. Any 5 voters of the municipality may file an affidavit with the municipal clerk stating:All of which begs the question: How can there be voters when there are no elections?
(1) That the 5 voters will constitute the petitioners' committee;
(2) The names and addresses of the 5 voters;
(3) The address to which all notices to the committee are to be sent; and
(4) That the 5 voters will circulate the petition and file it in proper form.
The petitioners' committee may designate additional voters of the municipality, who are not members of the committee, to circulate the petition.
Promptly after the affidavit is filed, the clerk shall issue petition blanks to the committee. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. The municipal clerk shall prepare the petition forms at the municipality's expense. The petition forms shall be printed on paper of uniform size and may consist of as many individual sheets as are reasonably necessary. (1) Petition forms shall carry the following legend in bold lettering at the top of the face of each form. "Municipality of ...."
Further exploratory research reveals that at the same time the Home Rule Provisions were added to the statutes so was a new form of government called the "quasi-municipality" purportedly formed so that there could be utility districts- as if without such a new form of government individual municipalities would have no means to collaborate for mutual benefit. The quasi-municipality combines areas in independent municipalities forming an overlord municipality "to deliver public services" , to put it in very general and highly interpretive terms that can be very useful for the expansion of Maine State Inc. However as clever as this new linguistic creation may be- it still can't make the constitution grant an exception to the prohibition against chartering corporations by special act of legislation for "quasi municipal " purposes. The word "quasi" means "as if it were" but "as if" is not interchangeable with "is". The legislature is caught in the act of creating a loophole for the expansion of Maine State Inc even as it performs it's constitutional duty to protect the sovereignty of local government as voted by the will of the people.
I came upon this statute legitimizing a new form of government in search of the provision for establishing the officers of a municipal corporations. I am still searching for that, but on the up side I found
Chapter 111: HOME RULE HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
§2108. Judicial review
it is beyond the scope of the current post to go into detail on this statute but the following paragraph gives some hope if our court system functions as it should and if the people would realize that there is need to take action to preserve our local sovereignty.
4. Resubmission upon judicial invalidation for procedural error.
If the court finds that the procedures under which
any charter was adopted, revised, modified or amended are invalid, the
Superior Court, on its own motion or the motion of any
party, may order the resubmission of the charter adoption, revision,
modification or amendment to the voters. This order
shall require only the minimum procedures on resubmission to the voters
that are necessary to cure the material and substantial
errors or omissions. The Superior Court may also recommend or order
other curative procedures to provide for valid charter
adoption, revision, modification or amendment.
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