Staff Writer
During the March 29 public hearing on the Caribou municipal budget (consideration of the third draft of the 2010-11 expense budget) Steven Buck updated the council members and local residents on the issue of a petition filed in 2009 proposing a city charter amendment. On June 30, 2009 Judy Corrow, Caribou City Clerk, received a duly filed petition for a proposed Charter amendment to Section 5.06 Budget. The five persons filing the petition were Philip Trombley, Paul Theriault, Philip McDonough and Doug Morrell.
The original petition read as follows.
“The City manager under the direction of the City Council shall use a “zero base budgeting” format to formulate each new city budget, using or starting from the previous year’s budgeted numbers will not be allowed. City administration will start from $0 and build each department’s budget by line item, after which the total city budget will go to the city’s taxpayers for approval. Ballots will show each department’s total budget and its percentage of the proposed mil rate.”
According to the history of this matter, “A legal review was performed by both Maine Municipal Association Legal Department as well as City Attorney Rick Solman on the submitted charter amendment. Both legal opinions concurred that the requested amendment would actually be a “revision “ to the city charter. Therefore, the petition must be treated as a request to establish a Charter Commission pursuant to the required statement present on all such petitions: “Each of the undersigned voters further request that if the municipal officers determine that the amendment set out below would, if adopted, constitute a revision of the charter, then this petition shall be treated as a request for a charter commission.
At the August 17, 2009 Caribou city council meeting two actions were taken by vote:
“Motion made by C. Bell, seconded by K. Bell, to support the legal determination that the petitioners certified request for a change to Caribou Charter Section 5.06 constitutes a charter revision and to act upon the petition as a request for the establishment of a Charter Commission. There was a discussion about what steps would need to be taken next. For example set an election date and hold a workshop to discuss the details of how charter members are chosen.”
“Motion made by D. Martin, seconded by C. Bell was to submit to the voters of Caribou the following referendum question: “Shall a Charter Commission be established for the purpose of revising the municipal charter or establishing a new municipal charter?; at the next regular election anticipated to be June 8, 2010.”
The council must at this time set forth the process to bring the question of a Charter Commission to a referendum vote on June 8, 2010, and take further actions which are covered under state law.
The council must now provide for a public hearing on the referendum question: “Shall a Charter Commission be established for the purpose of revising the municipal charter or establishing a New Municipal Charter?”
The state law regarding referendum questions reads: “By order of the municipal officers or on the written petition of a number or voters equal to at least 10 percent of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall have a particular article placed on the next ballot printed or shall call a special town meeting for its consideration. (The council members voted on August 17, 2009, to set this question for the June 8, 2010 referendum vote). A petition or order under this subsection is subject to the filing provisions governing nomination papers under subsection 4.”
According to Buck, working the matter backwards from June 8, the council needs a minimum of a 7-day notice for the public hearing 10 days prior to the June 8, 2010. Taking into consideration the available dates for a notice of the public hearings to be published, this would set a May 25 public hearing date, just 12 day prior to election day. Buck recommended a schedule more in line with the normal council meeting schedule providing a greater period of public notice and time for comment and dissemination of information would be to use the earlier timeline which follows:
• April 12 — Regular Council meeting — set a public hearing date of May 10.
• May 10 — Regular council meeting — public hearing to discuss information pertaining to the referendum question as to “whether the public wants a charter commission or not and what it entails should they choose a commission.”
• May 25 — Regular council meeting during which further time will be dedicated to discuss the information and conclusion reached from the May 10 meeting.
• June 8 — Regular election for June gubernatorial candidates, state bond issue and charter commission referendum question.
Caribou residents are urged to attend the public hearing to gain full understanding of the proposed charter amendment.