Revised to include changes from Public Law Chapter
57, April 18, 2003 and Public Law Chapter 354, May 30, 2003
State of Maine
DEPARTMENT OF EDUCATION
State House Station #23
Augusta, Maine 04333
July 2003
STATUTES REGARDING METHODS OF REPRESENTATION AND
REAPPORTIONMENT
SCHOOL ADMINISTRATIVE
DISTRICT
20A § 1252. Methods of representation
The following are methods of representation.
1. Method A: Subdistrict representation. Directors shall represent subdistricts.
A. The subdistricts, as far as practicable, shall be whole municipalities. If the municipalities are divided into subdistricts, then they shall be divided into subdistricts of approximately equal size as determined by the latest Federal Decennial Census or Federal Estimated Census. The municipal officers shall provide a separate voting place for each subdistrict of the municipality.
B. The boundaries of each subdistrict shall be determined by a majority vote of the joint meeting or reapportionment committee. Each subdistrict shall have one director, except that in a municipality comprised of 2 or more subdistricts, the joint meeting may authorize the election of directors-at-large.
2. Method B: Weighted votes. Directors shall cast weighted votes.
A. The committee shall apportion 1,000 votes among all the members of the board. The ratio of the number of votes cast by the directors representing a municipality in relation to the number 1,000 shall be the same ratio to the nearest whole number as the population of the municipality is in relation to the population of all municipalities in the district, as determined by the latest Federal Decennial Census or Federal Estimated Census.
B. To assure the use of whole numbers, the 1,000 votes apportioned among the board members may be increased or decreased by not more than 5 votes.
C. A plan may not permit the voting power of any director to exceed by more than 2% the percentage of voting power the director would have if all 1,000 votes were apportioned equally among the directors.
D. In a municipality served by 2 or more directors, the votes cast by them shall be divided equally among them. The directors shall be elected at large within the municipality unless otherwise provided by municipal charter.
3. Method C: At-large voting. Directors shall be elected at large by all of the voters in the district.
4. Method D: Other. Directors may be elected by any other method that meets the requirements of the one-man, one-vote principle that is not included in Methods A, B or C.
20A § 1253. Election
For the purpose of nominations, school directors shall be considered municipal officials and shall be nominated in accordance with Title 30-A, chapter 121, or with a municipal charter, whichever is applicable.
1. Initial meeting on district formation. On the election of the school directors, the clerk of each municipality within the school administrative district shall forward the names of the directors elected for that municipality to the state board with other data with regard to their election as the state board may require. On receipt of the names of all of the directors, the state board shall set a time, place and date for the first meeting of the directors and give notice to the directors in the manner set forth in section 1202, subsection 3, paragraph A.
2. Special provisions. In the election for representation under the methods provided in section 1252 the following shall apply.
A. Under Method A:
(1) Within 60 days, but no earlier than 45 days after notification by the board of directors of the approval or reapportionment plan, the municipal officers shall call a special election to elect directors to serve under the plan for the school administrative district;
(2) Nomination papers must be furnished by the secretary of the district at least 10 days before the deadline for filing of nomination papers. Notwithstanding any other section of this Title, directors must be nominated by obtaining a minimum of 25 and a maximum of 50 signatures of registered voters residing within the subdistrict. The secretary shall notify the municipal officers of the names of candidates in each subdistrict;
(3) The ballots must be prepared in accordance with subparagraph (7);
(4) The clerks of each municipality shall forward to the secretary the results of the vote by subdistrict;
(5) The board of directors shall meet and total the votes cast for each candidate within each subdistrict and shall immediately notify the clerks in each municipality, the candidates and the commissioner of the results of the vote;
(6) The terms of the directors elected under the original municipal representation system cease on the date that the newly elected directors are sworn into office; and
(7) Notwithstanding any other provision of statute, directors must be elected by secret ballot. The ballots must be prepared for and distributed to the municipalities or subdistricts by the secretary of the district.
A-1. Under Method B:
(1) Reductions in the number of directors must take place in accordance with section 1255, subsection 1, paragraph B;
(2) Additional directors must be added in accordance with section 1255, subsection 1, paragraph C; and
(3) The term of office of additional directors must be determined in accordance with section 1251, subsection 3.
B. Under Method C:
(1) Nominations for directors shall be made on petitions provided by the district secretary. The petitions shall be signed as provided in Title 30-A, section 2528, subsection 4, or if the candidate is a voting resident in a municipality having less than 200 population, signed by at least 20% of the registered voters of that municipality;
(2) The petitions shall be submitted to the registrar of voters in the respective municipalities for certification of the voting residence of the director nominated and of the voters signing the petition;
(3) The registrar of voters shall return the certified petitions to the district secretary not later than 30 days prior to the date of the annual election to be held in the municipality;
(4) The ballot shall be prepared and distributed by the district secretary. It shall give the number of offices to be filled and list the candidates by municipalities or subdistricts in which they are resident;
(5) Notwithstanding any other provision of law, school directors shall be elected by secret ballot;
(6) If all member municipalities do not conduct the election for directors on the same date, then all ballots cast in the elections shall be impounded by the clerk of each municipality:
(a) After all municipalities have voted, the clerks and one or more election supervisors designated by the municipal officers of each municipality shall meet at an agreed upon location and tally the ballot;
(b) The tally shall be completed within one day of the last member municipality election;
(c) The election supervisors shall select from among their members a chairman who shall supervise the tally of ballots; and
(d) The clerk of each municipality shall as promptly as possible after the election certify to the board of directors the result of the voting in that municipality; and
(7) Any recount petitions shall be filed with the secretary of the board of directors and recounts shall be conducted in each member municipality in accordance with the applicable laws.
20A § 1254. Vacancies
Declaration and filling of vacancies shall be as follows.
1. Definition of vacancy. A vacancy occurs:
A. When the term of the office of a school director expires;
B. When a school director changes residency from the municipality or subdistrict from which elected. Evidence that an individual is registered to vote in a municipality is prima facie evidence of that individual's residency;
C. On the death of a school director;
D. When a school director resigns; or
E. Except in municipalities having a municipal charter, when a director is absent without excuse from 3 consecutive regular board meetings, the board may declare that a vacancy exists.
2. School board. The board of directors shall notify the municipal officers of the municipalities within the district before the annual town meeting or before the regular city election of the vacancy.
3. Filling vacancies. Vacancies shall be filled as follows.
A. The municipal officers of the municipality in which the director resided shall select an interim director for the municipality or subdistrict to serve until the next annual municipal election. The interim director shall serve until a successor is elected and qualified.
B. The municipal officers shall provide at the next municipal or subdistrict election for the election of a director to fill the vacancy.
20A § 1255. Reapportionment
The commissioner shall determine the necessity for reapportionment.
1. Duties of the commissioner. The commissioner shall determine if a district is apportioned in accordance with the principles of one man, one vote, if:
A. The commissioner receives a request by the board of directors;
B. The commissioner receives a petition signed by district voters equal to at least 10% of the voters who voted in the last gubernatorial election in the district; or
C.
The
commissioner determines a district is not apportioned according to the
principles of one man, one vote.
The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or petition. [2003, c. 354, §1]
2. Awaiting census results. If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, he may wait until after the new census figures are available to make a determination.
3. Findings and order. If the commissioner finds the district's representation is not apportioned in accordance with the principle of one person, one vote, the commissioner shall, within 7 days of that decision, notify the superintendent of the finding and shall order the superintendent to notify the municipal officers in each municipality in the district and the school board to create a reapportionment committee. The superintendent’s notification must include the commissioner’s notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee which must be held not later than 20 days after the notification. [2003, c. 354, §1]
4. Reapportionment committee membership. The reapportionment committee shall consist of one municipal officer and one citizen at large from each member municipality, chosen by the municipal officers, and one director from each municipality, chosen by the board of directors. The appointments shall be made prior to the first meeting of the committee.
5. Quorum. A majority of the committee shall be a quorum.
6. Duties of the commissioner. The commissioner shall provide the superintendent with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the district and at least one recommended apportionment plan. [2003, c. 354, §1]
7. Duties of the reapportionment committee. The committee shall:
A. Elect a chairman and secretary and may adopt suitable rules of procedure;
B. Consider and by majority vote adopt a plan including the method of representation, total number of directors and number of directors representing each municipality or subdistrict; and
C. Within 90 days of the first meeting, send a report of their plan to the state board for approval. It may, within the 90-day limit, submit alternative plans for apportionment.
8. Commissioner approval. The commissioner shall approve or disapprove the committee plan within 30 days of receiving it.
9. Failure to gain commissioner approval. If a plan has not been adopted by the committee or approved by the commissioner within the time limits, he shall prepare a suitable plan.
10. Putting the approved plan into effect. On approval of a plan, the commissioner shall send a certified copy to the municipal officers and school directors. The original plan shall be retained in the department files.
A. The approved plan shall be effective immediately. The committee shall determine the terms of the directors who shall be elected at the next annual municipal elections so as to comply with section 1253.
B. If the approved plan requires a reduction of the number of directors to be elected in a municipality, the reduction must be achieved in accordance with this paragraph. . [2003, c. 57, §1]
(1) If possible, the reduction must be achieved by the voluntary resignation of one or more of the directors.
(2) If the reduction can not be achieved in accordance with subparagraph (1) and the plan is approved and filed less than 30 days prior to the annual municipal election, the number of open positions to be filled by the election process must be reduced to the number required by the approved plan. [2003, c. 57, §1]
(3) If the reduction can not be achieved in accordance with subparagraph (1) or (2), or a combination of the 2, all of the remaining existing directors representing the municipality shall choose by lot which directors’ terms must terminate. [2003, c. 57, §1]
C. If the approved plan requires that additional directors be elected in a municipality, the municipal officers shall fill the vacancies by appointment. A new director shall serve until a successor is elected and qualified at the next annual municipal election.
D. [1993, c. 435, §3 (rp).]
E. The reapportionment committee shall thereupon be dissolved.
11. Duties of present directors during reapportionment. The board of directors, during the reapportionment of its membership, shall serve as legal representatives of the district until the reapportionment is completed. The board shall carry out all business of the district, including the borrowing of necessary funds which may be required during the period of reapportionment.
12. State board review of commissioner's decisions. A school administrative district or interested parties may request that the state board reconsider decisions made by the commissioner in this section. The state board shall have the authority to overturn a decision made by the commissioner. In exercising this power, the state board is limited by this section.
13. Rules. The state board may adopt rules to carry out this section.
COMMUNITY SCHOOL
DISTRICTS
20A § 1651. District board of trustees
The following provisions shall apply to the community school district board of trustees.
1. Terms of office. The terms of office of trustees are as follows.
A. When a community school district has been formed the municipal officers of each of the member municipalities shall appoint 3 residents from each municipality to serve on the board of trustees of the community school district. The 3 trustees shall be appointed as follows: One for one year; one for 2 years; and one for 3 years.
B. Thereafter, one trustee from each municipality shall be elected each year for a term of 3 years by the voters of each of the participating municipalities. The elections shall take place at the annual municipal meetings and the trustees elected, or appointed, shall serve until their successors are elected and qualified.
C. Vacancies, whether caused by death, by resignation or by being absent from the municipality for more than 90 days, shall be filled by appointment by the municipal officers of the municipality which the former trustee represented until a successor trustee is elected for the unexpired term, if any, at the next annual meeting.
2. Duties. The district board of trustees shall:
A. Meet on call of one of its members after reasonable notice;
B. Elect a chairman, treasurer and a secretary. The district board of trustees may authorize the district's superintendent to act as its secretary and treasurer;
C. Determine the representation of each municipality on the district school committee. The representation of each municipality shall be in approximately the same ratio to the total membership of the district school committee as the municipality's latest Federal Decennial Census is to the latest Federal Decennial Census of all of the member municipalities. Federal Estimated Census figures shall be used if they are more recent than the Federal Decennial Census figures;
D. Handle requests of petitions for reapportionment in the manner provided for school administrative districts under section 1255;
E. Borrow funds as provided in section 1702.
3. State board return. When the trustees have fulfilled the requirements of subsection 2 they shall file a return to that effect with the state board.
4. District school committee to act as district board of trustees. A community school district may vote at any time on the article in section 1602, subsection 1, paragraph C, to see if the district school committee shall be authorized to perform the function of the district board of trustees. If the municipalities vote affirmatively on that article, the district school committee shall perform the duties of the district board of trustees under this chapter.