ARTICLE II. BOARD OF SELECTMEN
Section 2.01 Composition, Terms, and Eligibility
The Board of Selectmen shall be composed of five members, each of whom shall be elected by the registered voters of the Town by secret ballot to serve three year staggered terms. At each regular municipal election, Board members shall be elected to fill those positions that have become vacant. Only registered voters of the Town shall be eligible to hold the office of Selectmen (Title 30 MRSA 2526(3)) Selectmen shall physically reside within the limits of the Town during their term of office. A Selectman’s term of office shall end at the close of the Annual Town Meeting.
Section 2.02 Compensation of the Board
Upon adoption of this Charter, the annual compensation for each Selectman’s services shall be the same as in the prior year’s approved budget excluding any monies paid for administrative office duties. Changes in the rate of compensation for the Selectmen shall be established from time to time by an Article in the Town Warrant at the annual town meeting. Members shall be paid for time served. Board members shall receive their actual and authorized expenses incurred in the performance of their duties of office.
Section 2.03 Induction and Organizational Meetings
The members of the newly constituted Board shall meet as soon as practical after the Annual Town Meeting, and they shall organize to the extent possible as follows:
(a) To be sworn to the faithful discharge of their duties by any person authorized by State Law to administer oaths.
(b) The Board shall elect from among its members a Chairman and Vice-Chairman. The Chairman shall preside at meetings of the board and shall be recognized as head of the Town government for all ceremonial purposes. The Chairman shall call special meetings of the board when such meetings are warranted or called by a majority of the Board. The Vice-Chairman shall act in the absence or disability of the Chairman.
(c) Appoint an employee of the town to attend and take minutes at Selectmen’s meetings.
(d) Establish time and place for regular Board meetings, and give appropriate notice thereof to the public.
Section 2.04 Regular and Special Meetings
(a) The Board of Selectmen shall, at its first meeting or as soon as possible thereafter, establish by resolution a regular place and time for holding its regular meetings and shall meet regularly, at least once a week. It shall also provide a method for calling a special meeting and notice shall be posted for such special meetings in at least 5 (five) conspicuous places spread throughout town. All meetings of the Board of Selectmen shall be open to the public. In the event of an emergency meeting, notice shall be made in accordance with the general laws of the State of Maine, and notice shall be posted for such emergency meetings in at least 5 (five) conspicuous places spread throughout town whenever practical.
(b) Executive Sessions: The board of Selectmen shall conduct Executive Sessions in accordance with applicable laws of the State of Maine, (Title 1 MRSA 405). All other business shall be conducted in public with proper notice.
Section 2.05 General Powers and Duties of Selectmen
The Board of Selectmen shall have the following enumerated powers in addition to those powers granted by law or granted to the Board at a Regular or Special Town Meeting or elsewhere provided in this Charter.
(a) Supervisory authority over the administrative officials of the Town.
(b) The Selectmen shall appoint all employees and members of all Boards and Commissions, except those required to be elected under this Charter or applicable law. The Selectmen also have the right to initiate Boards, Committees or Commissions as they deem necessary for town affairs; and to terminate any such Board, Committee or Commission so created or existing on the effective date of this Charter and not required by applicable law, ordinance, or the provisions of this Charter.
(c) Selectmen shall serve as Overseers of the Poor, which function may be delegated in whole or in part to a qualified town employee.
(d) Selectmen shall serve as Assessors of the Town. The Board of Selectmen may appoint, as required, a Certified Municipal Assessor to provide assistance to the Board, under contract or annual retainer.
(e) The Board of Selectmen shall make temporary and full time appointments to paid and unpaid Town positions. (Amended: June 10, 2008)
Section 2.06 Prohibitions
(a) Employment by Town of Buxton. No Selectman during his or her term of office shall receive direct or indirect personal compensation for employment with the Town other than his or her compensation as Selectman, unless such employment is the result of a competitive bid proposal approved by the majority of the Selectmen excluding the Selectman who would receive such compensation.
- Limitations of Board Action. The Board of Selectmen shall act as a unit settling all questions by formal vote in an authorized meeting. Members must not act individually unless some duty has been delegated to a member or members by a majority vote of the Board of Selectmen. A formal minority report may be issued by Board members in the minority, which shall be recorded in the minutes of the Board of Selectmen’s meetings.
- No Board of Selectmen shall adopt policies that are contradictory to this Charter or tends to circumvent its stated purpose.
Section 2.07 Vacancy or Forfeiture of Office
(a) Vacancy. The office of any Selectman shall become vacant upon non-acceptance, resignation, death, recall, legally judged incompetence, failure to qualify for the office, forfeiture of office or failure of the municipality to elect a person to the office.
(b) Forfeiture of Office. A person shall forfeit the office of Selectman if he/she:
(1) lacks at any time any qualification for the office prescribed by this Charter or by law;
(2) intentionally violates any expressed prohibition of this Charter; or
(3) is convicted of a crime or offense punishable by a term of imprisonment for more than six months.
(c) Record of Attendance. Failure to attend meetings shall not be grounds for forfeiture of office. A record of attendance and tardiness of Board members at all regular and special meetings shall be kept in the minutes of meetings.
- Vacancies. If a seat in the Board of Selectmen becomes vacant more than 90 Days prior to the next regular election, the Board of Selectmen shall call a special election to fill the unexpired term.
Section 2.08 Meeting Procedure
(a) Meetings: The Board of Selectmen shall schedule meetings in accordance with Section 2.04 of this Charter. All meetings shall be public; however, the Board of Selectmen may recess for the purposes of discussing in a closed or Executive Session any matter which is an allowable topic for Executive Sessions under the laws of State of Maine (Title 1 MRSA 405(6)). No ordinances, orders, rules, resolutions, regulations, contracts, appointments, or other official actions shall be finally approved in Executive Session (Title 1 MRSA 405 (2)).
(b) Rules and Record: The Board of Selectmen shall determine its own rules and order of business and shall provide for keeping a record of its procedures, including the minutes and a video tape which will be made available to the public upon request. The records shall be considered a public record.
(c) Voting: The votes of each member shall be recorded in the minutes. A majority of the Board shall constitute a quorum. No action of the Board shall be binding or valid unless adopted by affirmative vote of at least three members of the Board.