Charter Commission — Portland, ME
Date: 2022-04-27
Time: 18:00

City of Portland
 Charter Commission Committee
 Wednesday, April 27, 2022 at 6:00 PM Charter Commission Meeting
 April 27, 2022 at 6:00 PM.




1. Zoom Information
 a. Due to the existence of an "emergency or urgent issue", the Charter Commission Committees
 will conduct this meeting by remote methods/technology at the Zoom link provided below, in
 accordance with the requirements of 1 M.R.S. section 403 -B and the Charter Commission
 Remote Participation Policy.

 Please click the link below to join the webinar:
 https://us06web.zoom.us/j/82788670892?pwd=SDNCTXl6MGNLZWxyckVLeUhNSFo5dz09
 Passcode: 472928
 Or One tap mobile :
 US: +13126266799,,82788670892#,,,,*472928# or
 +16465588656,,82788670892#,,,,*472928#
 Or Telephone:
 Dial(for higher quality, dial a number based on your current location):
 US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or
 +1 720 707 2699 or +1 253 215 8782
 Webinar ID: 827 8867 0892
 Passcode: 472928
 International numbers available: https://us06web.zoom.us/u/kcVGUUN7Qz
2. Call to Order (6:00-6:05 pm)
3. Review and Approval of Minutes (6:05-6:10 pm)


 a. Approval of the draft April 20, 2022 Charter Commission meeting minutes

 Ratification of Final Language for School Budget Process from Education Committee
4.
 (6:10-6:30 pm)
 a. Description: Commissioners will deliberate and vote ot approve final language for
 this proposal.
 Relevant document(s):
 City of Portland
 Charter Commission Agenda
Charter Commission Meeting
April 27, 2022 at 6:00 PM.

 a. Proposal for school budget process

 Ratification of Final Language for Capital Improvement Program Process Proposal from
5.
 Education Committee (6:30-6:40 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Proposal for capital improvement program process
 Deliberation and vote on final language for Mayor's Economic Development Leadership
6.
 Amendment (6:40-7:00 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Mayor's Economic Development Leadership Amendment

7. Ratification of Final Language for Governance Model (7:00-7:15 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevent document(s):
 a. Governance model in charter language from Perkins Thompson.
8. Ratification of Final Language for Peaks Island Council Proposal (7:15-7:25 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Peaks Island Council Proposal
9. Ratification of Final Language for Clean Elections Proposal (7:25-8:00 pm)
 a. Description: Commissioners will deliverate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final Language for Clean Elections Proposal
 b. Perksin Thompson memorandum
10. Ratification of Final Language for Redistricting Proposal (8:00-8:20 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant doucment(s):
 a. Final Language for Redistricting Proposal.
11. Ratification of Final Language for Ethics Proposals (8:20-8:40 pm)

 2
 City of Portland
 Charter Commission Agenda
Charter Commission Meeting
April 27, 2022 at 6:00 PM.

 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Ethics Proposals
 b. Perkins Thompson Memorandum
 Ratification of Final Language for Proportional Ranked Choice Voting Proposal (8:40-9:00
12.
 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Proportional Ranked Choice Voting Proposal
13. Ratification of Final Language for Universal Resident Voting Proposal (9:00-9:30 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Universal Resident Voting Proposal
 b. Perkins Thompson Memorandum

14. Ratification of Final Language for Vacancies proposal (9:30-9:50 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Proposals for Vacancies
15. New Business
16. Adjourn




 3

City of Portland
 Charter Commission Committee
 Wednesday, April 27, 2022 at 6:00 PM Charter Commission Meeting
 April 27, 2022 at 6:00 PM.




1. Zoom Information
 a. Due to the existence of an "emergency or urgent issue", the Charter Commission Committees
 will conduct this meeting by remote methods/technology at the Zoom link provided below, in
 accordance with the requirements of 1 M.R.S. section 403 -B and the Charter Commission
 Remote Participation Policy.

 Please click the link below to join the webinar:
 https://us06web.zoom.us/j/82788670892?pwd=SDNCTXl6MGNLZWxyckVLeUhNSFo5dz09
 Passcode: 472928
 Or One tap mobile :
 US: +13126266799,,82788670892#,,,,*472928# or
 +16465588656,,82788670892#,,,,*472928#
 Or Telephone:
 Dial(for higher quality, dial a number based on your current location):
 US: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or
 +1 720 707 2699 or +1 253 215 8782
 Webinar ID: 827 8867 0892
 Passcode: 472928
 International numbers available: https://us06web.zoom.us/u/kcVGUUN7Qz
2. Call to Order (6:00-6:05 pm)
3. Review and Approval of Minutes (6:05-6:10 pm)


 a. Approval of the draft April 20, 2022 Charter Commission meeting minutes

 Ratification of Final Language for School Budget Process from Education Committee
4.
 (6:10-6:30 pm)
 a. Description: Commissioners will deliberate and vote ot approve final language for
 this proposal.
 Relevant document(s):



 Page 1
 City of Portland
 Charter Commission Agenda
Charter Commission Meeting
April 27, 2022 at 6:00 PM.

 a. Proposal for school budget process

 Ratification of Final Language for Capital Improvement Program Process Proposal from
5.
 Education Committee (6:30-6:40 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Proposal for capital improvement program process
 Deliberation and vote on final language for Mayor's Economic Development Leadership
6.
 Amendment (6:40-7:00 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Mayor's Economic Development Leadership Amendment

7. Ratification of Final Language for Governance Model (7:00-7:15 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevent document(s):
 a. Governance model in charter language from Perkins Thompson.
8. Ratification of Final Language for Peaks Island Council Proposal (7:15-7:25 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Peaks Island Council Proposal
9. Ratification of Final Language for Clean Elections Proposal (7:25-8:00 pm)
 a. Description: Commissioners will deliverate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final Language for Clean Elections Proposal
 b. Perksin Thompson memorandum
10. Ratification of Final Language for Redistricting Proposal (8:00-8:20 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant doucment(s):
 a. Final Language for Redistricting Proposal.
11. Ratification of Final Language for Ethics Proposals (8:20-8:40 pm)

 2

 Page 2
 City of Portland
 Charter Commission Agenda
Charter Commission Meeting
April 27, 2022 at 6:00 PM.

 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Ethics Proposals
 b. Perkins Thompson Memorandum
 Ratification of Final Language for Proportional Ranked Choice Voting Proposal (8:40-9:00
12.
 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Proportional Ranked Choice Voting Proposal
13. Ratification of Final Language for Universal Resident Voting Proposal (9:00-9:30 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Final language for Universal Resident Voting Proposal
 b. Perkins Thompson Memorandum

14. Ratification of Final Language for Vacancies proposal (9:30-9:50 pm)
 a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal.
 Relevant document(s):
 a. Proposals for Vacancies
15. New Business
16. Adjourn




 3

 Page 3
 City of Portland
 Charter Commission
 Meeting Minutes
 April 20, 2022

1. Call to Order. Chair Kebede called the meeting to order at 6 p.m.

Present were: Chair Kebede; Commissioners Barowitz, Buxton, Chann, Eglinton, Houston,
Lizanecz (joined 6:10pm), O’Brien, Sheikh-Yousef, Stewart-Bouley, Washburn, Waxman.

2. Review and Approval of Minutes. On motion by Commissioner Waxman, seconded by
Commissioner Washburn, the Commission voted to approve the draft meeting minutes of April
13, 2022 by roll-call vote of 11 to 0 (Lizanecz absent).

3. Public Hearing, deliberation and Vote on Governance Model in Charter language

a. Description: Commissioners will hold a public hearing, then deliberate and vote on
language intended to capture Commissioners’ unofficial votes on reforms to the basic structure
of Portland’s government. Relevant document(s):

 a. Governance Model in charter language from Perkins Thompson

 Older documents:
 b. Chann-O’Brien and Buxton-Washburn-Sheikh-Yousef-Kebede Overlap
 c. Chann-O’Brien Proposal
 d. Amendment to Chann-O’Brien Proposal (amended by Commissioners
Buxton, Sheikh-Yousef, Kebede)
 e. Commissioner Sheikh-Yousef’s governance model proposal
 f. Matrix comparison of two models
 g. Commissioner Barowitz’s organizational charts
 h. Relevant research and interviews

The Commissioners proceeded to discuss and obtain consensus by a show of hands on each
proposed amendment to the Governance proposal.

A. 1. Mayor to serve no more than two consecutive 4-year terms; unanimously approved to
retain this provision.

A. 2. Mayor to be elected on same cycle as US President; unanimously approved as
Commission previously had adopted this.



 {P2013195.1} 1


 Page 4
A. 3. Set Mayor’s salary at minimum level of 10% more than salary of highest paid department
head; failed 1-11.

A. 4. Change “increasing” to “re-setting”; unanimously approved.

A. 5. Mayor able to introduce policy directly to Council; failed 6-6.

A. 6. Replace “COO” with “Mayor”; approved 10-2 with deletion of language in first sentence
after “priorities.”

A. 7. Remove mayor presiding over council and elect council president; failed 2-10, and
unanimous consensus to revise opening to read “To preside over meetings of the city council”
rather than “To preside as chair of the city council.”

A. 8. Replace ”facilitate” with “ensure”; approved 8-4

A. 9. Prohibition on mayor intervening on behalf of an individual; approved 11-1.

A. 10. Mayor veto power over supplemental appropriations (addressed in later comments).

A. 11, A. 13. Language to avoid micromanaging by mayor while not undermining mayor’s
executive powers --strike suggested second sentence and replace “be in charge of” with
“manage”; approved 8-4.

A. 12. Envision staff for mayor? Consensus to leave topic alone – Mayor and Council are
capable of building staffing needs into the City’s annual budget.

A. 14, A. 15. Council president next in line to replace mayor; withdrawn as council president
concept failed.

A. 16. Amend to replace second sentence with “The ethics commission shall review such
complaints under its ordinances and procedures.”; approved 9-3.

A. 17. Enlarge council to 13 members; set aside - this has been addressed by the Commission
in the Redistricting Proposal.

A. 18. Reduce length of council term from 3 years to 2; failed 2-10.

A. 19. Council president; withdrawn based on earlier vote.

A. 20. Change swearing in of newly elected officials from December to January; failed 5-7.




{P2013195.1} 2


 Page 5
A. 21. Request for discussion of public advocate; Commission also discussing similar and
somewhat overlapping accountability officer, ombudsman and Office of Information – passed
over.

A. 22. Appointment of Chief of Police in same manner as constitutional officers; left as
department head appointment under current process; withdrawn

A. 23. Use “nominated and confirmed” instead of “recommended and approved”; approved 8-3.

A. 24. Use “nominated and confirmed” instead of “recommended and approved”; approved 9-2
(global change).

A. 25. Duties of the COO -- revise proposed change to fourth sentence so that the sentence
reads: “Such person shall be responsible for the administration of all departments and for the
delivery of city services, and shall be responsible to the mayor.”; approved 7-4.

A. 26. Communications policy – passed over for later discussion in a separate Communications
Proposal.

A. 27. COO filing budget memo to council, with change to make filing permissive rather than
mandatory; approved 9-3.

A. 28. COO authority to recommend council changes; withdrawn.

A. 29. COO to keep council advised as to city’s business and financial condition; withdrawn.

A. 30. Mayor or other person, rather than COO, to name interim COO during temporary
absence; withdrawn.

A. 31., A. 32. Membership of the Executive Committee and duties; Executive Committee to
consist of mayor and two councilors, chaired by mayor; approved 7-5. In absence of mayor,
most senior member of Committee, on basis of length of Committee service and then number of
terms on city council, is chair pro tem; approved 8-4. Mayor sets agenda for city council
meetings in accordance with the city council rules place in Mayor’s duties); approved 8-4. For
Review Committee, consensus to default to existing Mayor and Council authority to review
constitutional officers under current Art. II, Section 5 (j).

A. 33. Strike mayor’s submittal of comments on budget, since mayor submits budget; approved
8-4.

A. 34. Restore language excepting appropriations for current department expenses from mayor’s
appropriations veto; approve 10-2.

A. 35. Make supplemental appropriations subject to mayor’s appropriations veto; approve 8-4.

{P2013195.1} 3


 Page 6
A. 36. Restore language excepting appropriations for debt service and school appropriation from
mayor’s appropriations veto; approve 10-2.

A. 37. Increase percentage of votes needed to override mayor’s appropriations veto from 2/3 to
3/4; failed 6-6.

On Motion of Commissioner Washburn, seconded by Commissioner Sheikh-Yousef, the
Commission voted by roll call vote of 7 (O’Brien, Kebede, Buxton, Houston, Washburn,
Barowitz, Sheikh-Yousef) to 5 (Waxman, Chann, Eglinton, Stewart-Bouley, Lizanecz) in favor
of the Governance Model in charter language from Perkins Thompson as amended by the
individual amendments adopted by the Commission (as recited above).

4. Public Hearing, deliberation and vote on Communication Policy

a. Description: Commissioners will hold a public hearing, deliberate, then vote
on this proposal. Relevant document(s):

 a. Communication proposal

Chair Kebede provided an overview of this Proposal which had been recommended by the
Procedures Committee, and explained its origin in comments by former Councilor, Mayor and
Charter Commission member James Cohen that the language being removed had caused
numerous problems in its operation.

Public hearing was opened, and there was no comment.

Commissioners collaborated on changes to the Communication Proposal to reflect the
Governance proposal, so that the new language would read: “The mayor shall recommend for
adoption by the city council rules that govern communications between city staff and elected
officials.”

On Motion of Commissioner Washburn, seconded by Commissioner Buxton, the Commission
voted by roll call vote 11 to 1(Waxman) in favor of the proposal in its new language.

5. Public Hearing, deliberation and vote on Office of Information Proposal

a. Description: Commissioners will hold a public hearing, deliberate, then vote
on this proposal. Relevant document(s):

 a. Office of Information Proposal

Commissioner O’Brien presented this proposal, which is intended to gather the various
communication and information tasks and operations now being conducted separately into one

 {P2013195.1} 4


 Page 7
office to promote the free and efficient flow of information. Existing staff would be used. This
would allow for a consistent approach to the provision of constituent services, which otherwise
tends to change from one administration to the next.

Public hearing was opened, and public comment was received.

On Motion of Commissioner O’Brien, seconded by Commissioner Washburn, to approve the
proposal and have it drafted in Charter language, the proposal failed by a Commission roll call
vote of 5 for (O’Brien, Houston, Eglinton, Buxton, Kebede) and 7 against (Washburn, Chann,
Barowitz, Stewart-Bouley, Waxman, Lizanecz, Sheikh-Yousef).

6. Ratification of Final Language for School Budget Proposal from Education
 Committee

a. Description: Commissioners will deliberate and vote to approval final language for
this proposal. Relevant document(s):

 a. Proposal for school budget process

On Motion of Commissioner Houston, seconded by Commissioner Chann, the Commission
voted by unanimous roll call vote to table the proposal to include a final change to the Charter
language.

7. Ratification of final language for Capital Improvement Program Process Proposal
 from Education Committee

a. Description: Commissioners will deliberate and vote to approve final language for this
proposal. Relevant document(s):

 a. Proposal for capital improvement program process

On Motion of Commissioner Eglinton, seconded by Commissioner Washburn, the Commission
voted by unanimous roll call vote to table the proposal for editing for consistency with the
Governance proposal.

8. Ratification of final language for Vacancies and Participatory Budgeting Proposals

a. Description: Commissioners will deliberate and vote to approve final language for
 this proposal. Relevant document(s):

 a. Proposal for Vacancies and Participatory Budgeting

On Motion of Commissioner Washburn, seconded by Commissioner Lizanecz, the Commission
voted by unanimous roll call vote to ratify the final language of these proposals.

 {P2013195.1} 5


 Page 8
9. Scheduling Discussion

a. The Commissioners decided by consensus to cancel the optional additional meetings
tentatively scheduled for April 22 and 25, and it hold the meeting on Wednesday, May 4. This
meeting is in addition to the Commission’s already-scheduled meeting for Wednesday, April 27,
2022.

10. New Business

11. Adjourn

On motion of Commissioner Washburn, seconded by Commissioner Houston, the Commission
voted unanimously to adjourn at 11:26 p.m.




 {P2013195.1} 6


 Page 9
Amend ARTICLE III., BOARD OF PUBLIC EDUCATION, Section 5, School Budget, as follows:

Prior to the submission of a school budget, the school board and city council shall establish a
Joint Committee on Budget Guidance, consisting of four city councilors and four school board
members, appointed by the Mayor and school board chair, respectively. The purpose of the joint
committee is to develop guidance for the city and school district on budget priorities and
constraints, covering a two-year period and updated annually. The joint committee shall obtain
public comment on the guidance prior to submitting the guidance as a proposed non-binding
joint resolution to the city council and school board for their approval.

Not later than three and one-half (3.5) months before the end of the fiscal year, the
superintendent shall submit to the school board budget estimates of the various sums required for
the support of public schools for the ensuing fiscal year and shall thereafter provide the school
board with such information relating to such estimates as the school board shall require.

During the thirty (30) days following submission of the superintendent’s proposed budget to the
school board, the school board and the city council, or their designated subcommittees, shall
meet jointly at least twice to review the proposed school budget, focusing on its underlying
assumptions and supporting data and the ability of the city to raise the necessary funds for the
support of such proposed budget. The superintendent and the city manager shall provide
information regarding such proposed budget as reasonably requested by the school board and the
city council, or their designated representatives.

The budget submitted by the superintendent to be reviewed jointly by the school board and the
city council shall provide a complete financial plan of all school funds and activities for the
ensuing fiscal year. In organizing the school budget for j oint review by the school board, the
superintendent shall utilize the most feasible combination of expenditure classification by fund,
organization, unit, program, purpose or activity, and object. The budget shall begin with a clear
general summary of its contents; shall show in detail all estimated income and all proposed
expenditures, including debt service for the ensuing fiscal year; and shall be so arranged as to
show comparative figures for actual and estimated income and expenditures of the current fiscal
year and actual income and expenditures of the preceding fiscal year. The total of proposed
expenditures shall not exceed the total of proposed income.

Not later than the last Monday in April of each fiscal year, the school board shall submit to the
city council prepare a budget of the various sums required for the support of the public schools
for the ensuing fiscal year in the format provided above, and s hall thereafter provide the city
council with such information r elating to such budget as the city council shall require.

The school board shall hold aA budget hearing on such budget estimates shall be held at least
seven (7) days prior to final action by the city councildetermining the total amount of the school
budget. Within a reasonable period of time, the city council may, at its discretion and after
holding a public hearing, provide a nonbinding resolution with its recommendations to the
school board for consideration. The school board may or may not adopt, in whole or in

{P2014490.1}



 Page 10
part, the recommendations of the city council. The city council shall thereafter submit the
school budget determined by the school board to a budget validation referendum. If the voters
discontinue use of the budget validation referendum process, the city council shall instead submit
the school budget to a municipal school budget referendum. The warrant calling the budget
validation referendum or the school budget referendum shall include voter information
containing the amount of locally raised funds and the amounts for each cost center summary
budget category proposed by the school board.

The city council in its appropriation resolve for the ensuing year shall, in addition to amounts
appropriated for other general city purposes, appropriate one gross amount for the support of the
public schools, which amount shall equal the greater of (i) the amount adopted by the voters at
the school budget validation referendum or, if discontinued, at the budget referendum, as
appropriate, or (ii) not be less than the sum required to be appropriated for such purposes by the
general laws of the state. Such gross amount shall not be less than the sum requested by the
school board except by a vote of at least six (6) members of the city council. Such appropriation
shall be expended under the direction and control of the school board but no such appropriation
shall be exceeded except by consent of the city council or the voters. (Referendum 6/13/78;
11/2/10)




{P2014490.1}



 Page 11
 Amend ARTICLE VI. ADMINISTRATIVE OFFICERS, Section 5. Appointment; qualifications;
 powers and duties of the city manager in the second paragraph, subparagraph (i), as follows:

Section 5. Appointment; qualifications; powers and duties of the city managerChief
Operating Officer (COO).
 …
 The city managerCOO's powers and duties shall be as follows:
 …
 (i) To jointly prepare with the Portland Public Schools superintendent a five (5) year
 rolling capital improvement plan, at the direction of the mayor, for annual
 presentation by the mayor to a joint meeting of the city council and school board,
 which plan includes the following:

 1. A one (1) year plan of specific projects and their cost.

 2. A two (2) through five (5) year plan of specific projects and general
 categories, and amounts of proposed spending and funding sources; and

 3. A discussion of the basis for the plan and the factors which went into its
 development or amendments; and

 3.4. A listing and discussion of capital improvements pending or in process of
 construction or acquisition.




{P2012298.2}



 Page 12
Mayor’s Economic Development Duties Proposal

Amend ARTICLE 2., MAYOR, Section 3, Mayor’s Powers and Duties, to add subsection (n), as
follows:


(n) To work in collaboration with city staff to advance the city’s economic development
programs by, among other things, meeting, negotiating, and planning with actual or prospective
investors in significant economic development projects.




{P2014554.1}



 Page 13
 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12



 PART I CHARTER*



 *Editor's note--Historical references are cited in
parentheses at the end of each section. Such references cite only
the various amendments adopted by referenda conducted pursuant to
home rule powers granted by P.L. 1970, c. 563 (30 M.R.S.A. § 1911
et seq.). Prior to 1970 and home rule the charter and its various
amendments were enacted by the Maine Legislature and such are not
cited in said parentheses. A history of the charter and amendments
is attached as Appendix A.

 State law reference(s)--Home rule, 30 M.R.S.A. § 2101 et seq.

 Preamble
Art. I. Grant of Powers to the City, §§ 1, 2
Art. II. City Council; Mayor, Ranked Choice Voting §§ 1--11 Art.
III. Board of Public Education, §§ 1--6
Art. IV. Elections, §§ 1--11 Art. V. Recall, §§ 1--7
Art. VI. Administrative Officers, §§ 1--8
Art. VII. Business and Financial Provisions, §§ 1--16 Art.
VIII.Miscellaneous Provisions, §§ 1--5


 PREAMBLE

 We, the People of Portland, Maine, establish this Charter to
secure the benefits of local governance and to provide for the
general health, safety and welfare of our community. In so
doing, we build a government that meets the needs of the people it
serves and whose character it reflects. Our government shall
further cooperation, encourage leadership, solicit our input and
support the active participation of our residents in their
governance. Our government shall be effective and accountable and
shall promote equal rights and representative democracy.

Our government shall provide public education that enables all
residents to acquire the knowledge and skills necessary to
participate fully in Portland’s civic, intellectual, cultural and
economic life, in order to enrich and strengthen our community and
our common future.
(Referendum 11/2/10)

 ARTICLE I. GRANT OF POWERS TO THE CITY




{P2005469.6} 1
 Page 14
 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12


Section 1. Corporate existence retained.

 The inhabitants of the City of Portland shall continue to be
a body politic and corporate by the name of the City of Portland,
and shall have, exercise, and enjoy all the rights, immunities,
powers, privileges, and franchises and shall be subject to all the
duties, liabilities and obligations provided for herein, or
otherwise, pertaining to or incumbent upon such city as a municipal
corporation or to the inhabitants or municipal authorities thereof;
and may enact reasonable by-laws, regulations, and ordinances for
municipal purposes, not inconsistent with the Constitution and laws
of the State of Maine, and impose penalties for the breach thereof
as such by-laws, regulations, or ordinances shall provide. Such
penalties shall not limit nor diminish in any way the city’s
authority to seek and obtain higher or different penalties
provided by state or other law. (Referenda 12/4/72; 11/2/10)

Section 2. Powers and duties.

 The administration of all the fiscal, prudential, and
municipal affairs of the City of Portland, with the government
thereof, except the general management, care, conduct, and control
of the schools of such city which shall be vested in a board of
public education as hereinafter provided (also referred to herein
as the “school board”), and also except as otherwise provided by
this charter, shall be and are vested in the mayor and in one body
of nine members, which shall constitute and be called the city
council, all of whom shall be inhabitants of the city, and shall
be sworn in the manner hereinafter prescribed.

 The executive powers of the city shall be vested wholly in
the mayor and may be exercised either personally or through the
chief operating officer (“COO”) and the several departments and
boards of the city, under the mayor’s general supervision and
control

 The legislative powers of the city shall be vested in the
city council. The mayor and the members of the city council shall
be and constitute the municipal officers of the City of Portland
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
and mayors of cities under the laws of this state.

 All other powers now or hereafter vested in the inhabitants
of such city, and all powers granted by this charter, except as




{P2005469.6} 2
 Page 15
 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

herein otherwise provided, shall be vested in the city council.
(Referendum 11/2/10)


 ARTICLE II. MAYOR

Section 1. Election, tenure of office.

 The position of mayor shall be elected by majority vote as
provided in section 3 of article III. The candidate(s) for mayor
shall be nominated in the same manner as at large members of the
council. The term of mayor shall be four (4) years, with a
maximum limit of two consecutive terms. The election and position
of mayor shall be a non-partisan, full-time position.

 Notwithstanding the prior paragraph, for the municipal
election in November of 2023, the election for mayor shall be for
a one-time one-year term ending in 2024. Thereafter, the mayor
shall be elected every four (4) years in line with the U.S.
presidential election.


Section 2. Compensation of the mayor.

 Prior to the date nomination papers are available for the
first mayoral election, the city council shall set the mayor’s
compensation and shall re-set it prior to the date nomination
papers are available for each mayoral election thereafter. During
the mayor’s term, the city council may adjust the mayor’s
compensation, but no such order re-setting the mayor’s
compensation shall take effect during the then current municipal
year, and no such payment of compensation shall be made in
advance. At minimum, the mayor shall be paid compensation
consisting of a salary which is no less than one and one-half
(1.5) times the median household income for Portland as most
recently published by the U.S. Census Bureau, American Community
Survey, or successor index thereto, at the time such compensation
is set or adjusted, plus customary city benefits.

 The mayor shall not hold any office or employment the
compensation of which is payable by the city or school department
during the term for which he or she was elected.

Section 3. Mayor’s powers and duties.

 The mayor shall be the chief executive officer of the city,
responsible for providing leadership, and shall have the following




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powers and duties:

 (a) To articulate the city’s vision and goals and build
 coalitions to further such vision and goals.  The mayor
 shall give an annual state of the city address during a
 special meeting of the city council called for that
 purpose;

 (b) To introduce policy and legislation to the city council
 through a public process, such as a task force created for
 such purpose, or through standing city council committees;

 (c) To convene and lead an annual workshop session of the city
 council to discuss and identify the city’s goals and
 priorities. The COO shall attend this workshop session,
 and a summary of the session shall be made available to
 the public;

 (d) To represent the city with other municipalities, levels of
 government, community and neighborhood groups, and the
 business community;

 (e) To set the city council agendas in accordance with city
 council rules and preside as chair of the city council,
 but without a vote on any matters before the city council
 except as otherwise provided by this charter;

 (f) To ensure the implementation of city policies and keep
 the city council informed as to the progress on all city
 council directives, the general financial standing of the
 City, the current status of all negotiations, and
 recommendations for city council action. With regard to
 the delivery of city services, the mayor may inquire about
 specific issues pertaining to city services but shall not
 intervene on behalf of an individual regarding city
 business.

 (g) To direct the COO in the preparation of all city budgets
 and present the budget to the city council for approval;

 (h) To direct the COO in the preparation of the annual
 capital improvement program plan described in article VI,
 section 5, paragraph (i), and to present such program plan
 to the city council;

 (i) To facilitate among the COO, city council, board of public
 education and the public to secure passage by the city




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 council of the annual city and school budgets;


 (j) To exercise veto power over the annual city appropriation
 as provided in article VIII, section 8;

 (k) To be a voting member of the executive committee
 established pursuant to article VII, section 9;

 (l) To be a voting member of the review committee established
 pursuant to article VII, section 10;

 (m) To be the public figurehead for the city. In this role
 the mayor:

 1. Shall serve as the official representative of the city
 in Augusta, nationally and internationally;

 2. Shall serve as the official spokesperson for the city;

 3. May form public task force(s) by right with reasonable
 staffing support for any issue not taken up by the city
 council; and

 4. Shall be a voting member of the city council’s
 legislative committee.

 Notwithstanding the foregoing, the COO shall manage the day to
day operations of the city and administration of the city budgets
presented by the Mayor and approved by the city council.
(Referendum 11/2/10)

Section 4. Absence or disability of mayor; acting mayor.

 In the temporary absence or disability of the mayor, the
mayor may select an acting mayor from among the other council
members and such person shall perform the duties of the mayor
during such temporary absence or disability for a maximum of sixty
consecutive (60) days or return of the mayor, whichever comes
first. If through physical or mental incapacity the mayor is unable
to select an acting mayor, or if the mayor’s absence or disability
exceeds sixty (60) consecutive days, the council shall select an
acting mayor from among its membership until such time as the
mayor is able to resume his or her duties or a vacancy is declared
pursuant to section 7 below and a new mayor elected. (Referendum
6/13/78; 11/7/00; 11/2/10)




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Section 5. Vacancy of mayor.

 A vacancy in the office of mayor shall occur upon the
happening of the following: (1) the death of the mayor;(2) the
effective date of the resignation of the mayor; (3) the removal of
mayor from the city; (4) the conviction of the mayor of a felony
while in office; (5) the recall of the mayor pursuant to the
provisions of article V; or (6) the removal of the mayor by the
council pursuant to section 6 of this article.

 The council shall declare a vacancy in the office of mayor to
exist upon the qualification of the mayor for any city or school
department office, or the acceptance of any employment with the
city or school department, the compensation for which is payable
by the city or school department.

 The mayor may in writing addressed to the council resign his
or her office effective at a future date specified in such written
resignation. Once submitted to the council, such resignation may
not be withdrawn, and the mayor’s office shall become vacant on
such specified future date.

 If a vacancy in the office of mayor occurs or is declared
prior to the next regular municipal election, the vacancy shall be
filled at a special election to take place on the same date as the
next scheduled municipal or state election which is no less than
127 days after the date the vacancy occurs or is declared, unless
the council, by a vote of at least six (6) of its members, calls
a special election on an earlier date. Such election shall be
called and held and nominations made as in other elections.
(Referenda 11/2/76; 11/4/86; 11/2/99; 11/2/10)

Section 6. Recall and removal of mayor.

 The mayor may be removed from office by the city council for
office forany of the following reasons:

 (a) Engaging in official misconduct or neglect of duty.
 Complaints received by the city that the mayor is
 engaging or has engaged in official misconduct or
 neglect of duty shall be sent to the ethics commission
 for review. The ethics commission shall review such
 complaint under its ordinance and procedures. A
 recommendation to remove the mayor for official
 misconduct or neglect of duty shall specify as
 particularly as possible the acts of misconduct or the
 instances of neglect of duty complained of, should be




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 filed with the city clerk, who shall serve a copy of
 that recommendation upon the mayor at the mayor’s
 residence. Any vote to order a recall election of the
 mayor for official misconduct shall require a vote of
 three-fourths (3/4) of all the members the city
 council.

 (b) Conviction of a felony materially related to the duties
 of the mayor. Upon the conviction of the mayor of a
 felony materially related to the duties of the mayor,
 the city council shall vote on a resolution to remove
 the mayor for such conviction. Any vote to remove the
 mayor for a conviction shall require a vote of three-
 fourths (3/4) of all the members of the city council.

 At any hearing of the ethics commission or meeting of
 the city council in which the removal of the mayor is the
 topic, the mayor shall have the right to be present, speak,
 be represented by counsel, and present a defense.

 ARTICLE IIIII. CITY COUNCIL

Section 1. City to be divided into election districts.

 For the purpose of all elections the city, including its
islands, shall be divided into five (5) districts to establish
compact and contiguous districts of approximately equal
population.

 The city council for voting purposes may by ordinance divide
the election districts into voting districts. (Referenda 11/2/76;
6/13/78; 11/4/86; 11/2/11)

Section 2. Composition, election, tenure of office.

 The city council shall be composed of nine (9) members,
including the mayor who shall be one of the nine (9) members of
the city council, and shall hold office for a term of three (3)
years and until their successors are elected and qualified, except
as provided below for the term of mayor and for one at large seat
in the election of 2013 only. Four (4) members, including the
mayor, shall be elected at large from and by the registered voters
of the entire city, and one (1) shall be elected from each of the
five (5) districts heretofore provided for, from and by the
registered voters of each district. References in this charter to
the city council, councilors, council, its members or membership,
shall be deemed to include the mayor, unless otherwise




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specifically provided.

 For the municipal election in November of 2013, one of the
two at large seats up for election shall have a one-time four year
term ending in 2017. Thereafter, the council term shall return to
be three (3) years for this seat. The city clerk shall designate
which seat shall be for the four (4) year term prior to the
availability of nomination papers for the 2013 election, and
nomination papers shall be separately issued for reach of the two
at large seats. Each at large candidate may take out and file
nomination papers for only one of the at large seats. The
municipal ballot will list the 4-year and 3-year council seats as
separate questions.

 All candidates must be residents of the city for a period of
at least three (3) months prior to the date on or before which
nomination papers are to be filed. The candidate from each of the
five (5) districts must be a resident of such district for a
period of at least three (3) months prior to the date on or before
which the nomination papers are to be filed.
Beginning with the regular municipal election in November, 2011,
the at large position then up for election shall be designated as
the mayor’s position and shall continue as the mayor’s position
thereafter. The position of mayor only shall be elected by majority
vote as provided in section 3 of this article. The candidate(s)
for mayor shall be nominated in the same manner as other at large
members of the council. The term of mayor shall be four (4)
years, with a maximum limit of twoconsecutive terms. The
election and position of mayor shall be a non-partisan, full-time
position. (Referenda 12/1/75; 6/13/78; 11/4/86; 11/3/87; 11/2/10;
11/6/12)


Section 3. Ranked choice voting; instant runoff tabulation.

 For the positions of mayor, city councilor, and school board
member, the city clerk shall implement a ranked choice voting
protocol according to these guidelines:

 (a) The ballot shall give voters the option of ranking
 candidates in order of choice.

 (b) If a candidate receives a majority, i.e. at least one
 more than fifty percent (50%) of the first choice votes
 cast, that candidate is elected.

 (c) If no candidate receives a majority of first choice




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 votes, an instant runoff re-tabulation shall be
 promptly conducted by the city clerk and completed
 within five (5) business days of the election. The
 instant runoff re-tabulation shall be conducted in
 successive rounds, with the majority determined for
 each successive round by the number of votes cast in
 that round. The candidate with the fewest votes after
 each successive round in which no candidate receives a
 majority of the votes cast in that round shall be
 eliminated, and the votes in the successive rounds
 shall be re-tabulated among the remaining candidates
 until one candidate receives a majority of the votes
 cast in that round. In each successive round, each
 voter's ballot shall count as a single vote for
 whichever candidate the voter has ranked highest who has
 not been eliminated in a prior round, if any.

 (d) After the first round, a majority is determined as at
 least one (1) more than fifty percent (50%) of the votes
 cast for a remaining candidate in a particular round.

 (e)
 The city clerk may adopt additional regulations
 consistent with this subsection to implement these
 provisions. The ballot shall contain instructions on how
 to vote for each office.
(Referenda 11/2/2010; 3/3/2020)

Section 4. Compensation of councilors and mayor.

 Except as otherwise provided in the paragraph below for the
mayor’s compensation, the The city council shall by order
establish the amount each member shall be entitled to receive as
compensation for all services rendered, and specify when any
compensation shall be payable, but no such order increasing their
compensation , including that of the mayor, shall take effect
during the then current municipal year, and no such payment of
compensation shall be made in advance.

 Prior to the date nomination papers are available for the
first mayoral election, the city council shall set the mayor’s
compensation and shall re-set it prior to the date nomination
papers are available for each mayoral election thereafter. During
the mayor’s term, the city council may adjust the mayor’s
compensation. At minimum, the mayor shall be paid compensation
consisting of a salary which is no less than one and one-half
(1.5) times the median household income for Portland as most
recently published by the U.S. Census Bureau, American Community




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Survey, or successor index thereto, at the time such compensation
is set or adjusted, plus customary city benefits.No member shall
hold any office or employment the compensation of which is payable
by the city or school department during the term for which he or
she was elected. (Referenda 12/1/75; 6/13/78; 11/4/86; 11/3/87;
11/2/10)
Section 5. Mayor’s powers and duties.
 The mayor shall be the official head of the city, responsible
for providing leadership, and shall have the following powers and
duties:

 (a) To articulate the city’s vision and goals and build
 coalitions to further such vision and goals.  The mayor
 shall give an annual state of the city address during a
 special meeting of the city council called for that
 purpose;

 (b) To convene and lead an annual workshop session of the city
 council to discuss and identify the city’s goals and
 priorities in order to provide guidance for the city
 manager and to inform the public. The city manager shall
 attend this workshop session, and a summary of the session
 shall be made available to the public;

 (c) To represent the city with other municipalities, levels of
 government, community and neighborhood groups, and the
 business community;

 (d) To preside as chair of the city council, and vote upon all
 matters in the same manner as other members of the city
 council, except as provided in article VII, section 8. The
 mayor shall direct the city manager in the preparation of
 council meeting agendas;

 (e) To facilitate the implementation of city policies through
 the office of the city manager;

 (f) To consult with and provide guidance to the city manager
 in the preparation of all city budgets and to provide
 comments on such budgets at the time they are presented by
 the city manager to the city council for approval;

 (g) To consult with and provide guidance to the city manager
 in the preparation of the annual capital improvement
 program plan described in article VI, section 5, paragraph
 (i), and to provide comments on such program plan at the
 time it is presented by the city manager to the city




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 council;

 (h) To facilitate among the city manager, city council, board
 of public education and the public to secure passage by
 the city council of the annual city and school budgets;

 (i) To exercise veto power over the annual city appropriation
 as provided in article VII, section 8;

 (j)(n) To establish performance guidelines in conjunction with
 the other members of the city council for regular
 evaluations, no less than annually, by the city council of
 the performance of the city manager, corporation counsel
 and city clerk, such evaluations to be based upon those
 guidelines. Such  performance guidelines shall  have
 measurable goals and objectives, taking into
 consideration, as applicable, the achievement of city
 policies and priorities;

 (k) To chair any subcommittee with at least two (2) other
 city councilors to recommend the appointment or removal of
 the city manager, corporation counsel or the city clerk,
 but the full city council shall have the final decision in
 regard to such appointment or removal by a vote of at
 least five (5) members of the council; and

 (l) To appoint the members and chairs of the city council
 committees and various ad hoc committees and communicate
 such appointments to the city council, which may override
 such appointments by a vote of at least six (6) council
 members.

 Notwithstanding the foregoing, the city manager shall be in
charge of the day to day operations of the city and administration
of the city budgets approved by the council. (Referendum 11/2/10)
Section 6. Absence or disability of mayor; acting mayor.
 In the temporary absence or disability of the mayor, the
mayor may select an acting mayor from among the other council
members and such person shall perform the duties of the mayor
during such temporary absence or disability for a maximum of sixty
consecutive (60) days or return of the mayor, whichever comes
first. If through physical or mental incapacity the mayor is unable
to select an acting mayor, or if the mayor’s absence or disability
exceeds sixty (60) consecutive days, the council shall select an
acting mayor from among its membership until such time as the
mayor is able to resume his or her duties or a vacancy is declared
pursuant to section 7 below and a new mayor elected. (Referendum




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6/13/78; 11/7/00; 11/2/10)

Section 7. Vacancies.

 A vacancy in the membership of the city council shall occur
upon the happening of the following: (1) the death of a member;(2)
the effective date of the resignation of a member; (3) the removal
of a member from the district from which he or she was elected;
(4) the removal of a member from the city; (5) the conviction of a
member of a felony while in office; or 6) the recall of a member
pursuant to the provisions of article V. The council shall declare
a vacancy in its membership to exist upon the failure of a member
to attend any six (6) consecutive regular meetings of the city
council, or at least sixty (60) percent of the regular meetings of
the city council held in any one calendar year unless such member
shall be excused (by vote of at least four (4) other members) for
health reasons or other good cause.

 The council shall declare a vacancy in its membership to
exist upon the qualification of any member for any city or school
department office, or the acceptance of any employment with the
city or school department, the compensation for which is payable
by the city or school department.

 A member may in writing addressed to the council resign his or
her office effective at a future date specified in such written
resignation. Once submitted to the council, such resignation may
not be withdrawn, and such member's office shall become vacant on
such specified future date.

 If a vacancy in the membership of the city council occurs or
is declared prior to the next regular municipal election, the
vacancy shall be filled at a special election to take place on the
same date as the next scheduled municipal or state election which
is no less than 127 days after the date the vacancy occurs or is
declared, unless the council, by a vote of at least six
(6) of its members, calls a special election on an earlier date.
Such election shall be called and held and nominations made as in
other elections. (Referenda 11/2/76; 11/4/86; 11/2/99; 11/2/10)

Section 8. Meetings of the council.

 The city council shall meet at the usual place for holding
meetings on the first Monday in December following the regular
municipal election, or as soon thereafter as possible, and at such
meeting the mayor and councilors-elect shall be sworn to the
faithful discharge of their duties by a justice of the peace, or




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by the city clerk. The city council shall at such meeting establish
by resolution or rule a regular place and time for holding its
meetings, and shall meet regularly at least twice each month.
(Referenda 6/13/78; 11/4/86; 11/7/00; 11/2/10)

Section 9. Special meetings.

 Special meetings may be called by the mayor, and in case of
his or her absence, disability, or refusal, may be called by five
(5) or more members of the city council. At least twenty- four
(24) hours notice of the time and place of holding such special
meeting shall be given to all members of the city council.
(Referendum 11/2/10)

Section 10. Quorum.

 Five (5) members of the city council shall constitute a quorum
for the transaction of business, but a smaller number may adjourn
from time to time. At least twenty-four (24) hours’ notice of the
time and place of holding such adjourned meeting shall be given to
all members who were not present at the meeting from which
adjournment was taken. (Referendum 11/2/10)

Section 11. Procedure.

 The city council shall keep a record of its proceedings and
shall determine its own rules of procedure and make lawful
regulations for enforcing the same. The meetings of the city
council shall be open to the public in accordance with state law.
The city council shall act only by ordinance, order, or resolve.
All ordinances, orders, and resolves, except orders or resolves
making appropriations of money, shall be confined to one subject
which shall be clearly expressed in the title. An appropriation
order or resolve shall be confined to the subject of
appropriations only.

 No ordinance and no appropriation order or resolve shall be
passed until it has been read on two separate days, except when the
requirement of a second reading on a separate day has been
dispensed with by the vote of at least seven (7) members of the
city council. The yeas and nays shall be taken upon the passage of
all ordinances and entered on the record of the proceedings of the
city council by the clerk. The yeas and nays shall be taken on the
passage of any order or resolve when called for by any member of
the city council. Every ordinance, order, and resolve shall
require on final passage the affirmative vote of at least five (5)
members of the city council. No ordinance shall take effect until




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thirty (30) days after its passage and no order or resolve shall
take effect until ten (10) days after its passage, except as
herein otherwise provided for emergency ordinances, orders and
resolves.

 The city council may, by vote of at least seven (7) of its
members, pass emergency ordinances, orders, or resolves to take
effect at the time indicated therein, but such emergency
ordinances, orders, or resolves shall contain a section in which
the emergency is set forth and defined, provided, however, that
the declaration of such emergency by the city council shall be
conclusive. (Referendum 11/2/10)


 ARTICLE IIIIV. BOARD OF PUBLIC EDUCATION


Section 1. Composition, election, tenure of office, compensation.

 The board of public education shall be composed of nine (9)
members who shall hold office, except as hereinafter provided, for
a term of three (3) years and until their successors are elected
and qualified. Four (4) shall be elected at large from and by the
registered voters of the entire city, and one (1) shall be elected
from each of the five (5) districts heretofore provided for in
section 1 of article II, from and by the registered voters of each
such district.

 All candidates must be residents of the city for a period of
at least three (3) months prior to the date on or before which
nomination papers are to be filed. The candidate from each of the
five (5) districts must be a resident of such district for a
period of at least three (3) months prior to the date on or before
which the nomination papers are to be filed.

 The city council shall by order establish the amount each
member of the school board shall be entitled to receive as
compensation for all services rendered, which compensation shall be
the same as that received by members of the city council, other
than the mayor. The city council shall provide additional
compensation to the chair of the school board appropriate to
reflect his or her additional responsibilities as chair.
(Referenda 11/2/76; 6/13/78; 11/4/86; 11/3/87; 11/2/10)

Section 2. Chair.

 On the first Monday in December following the regular




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municipal election, or as soon thereafter as possible, the board
of public education shall elect one of its members as chair for the
ensuing year and until a successor is elected and qualified, and
may fill for the unexpired term any vacancy as chair that may
occur.

 At a date and time to be mutually agreed upon by the chair of
the school board and the mayor, the chair shall deliver an annual
address on the “state of the public education system in Portland”
to the city council and the public. (Referenda 11/2/76; 6/13/78;
11/7/00; 11/2/10)

Section 3. Organization.

 The school board shall meet for organization on the first
Monday in December following the regular municipal election, or as
soon thereafter as possible. The members-elect shall be sworn to
the faithful discharge of their duties by a justice of the peace
or by the city clerk, and a record made thereof. The members shall
at such meeting, or as soon thereafter as possible, establish a
regular place and time for holding meetings and shall meet
regularly at such place and time. Five members of the school
board shall constitute a quorum for the transaction of business,
but a smaller number may adjourn from time to time. At least
twenty-four (24) hours’ notice of the time and place of holding
such adjourned meeting shall be given to all members who were not
present at the meeting from which adjournment was taken.
(Referenda 6/13/78; 11/7/00; 11/2/10)

Section 4. Powers and duties.

 The board of public education shall have all the powers, and
perform all the duties in regard to the care and management,
including sound fiscal management, conduct, and control of the
public schools of the city, which are now conferred and imposed
upon school committees and school boards by the laws of this
state, except as otherwise provided in this charter. (Referendum
11/2/10)

Section 5. School budget.

 Not later than three and one-half (3.5) months before the end
of the fiscal year, the superintendent shall submit to the school
board budget estimates of the various sums required for the support
of public schools for the ensuing fiscal year and shall thereafter
provide the school board with such information relating to such
estimates as the school board shall require.




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 During the thirty (30) days following submission of the
superintendent’s proposed budget to the school board, the school
board and the city council, or their designated subcommittees,
shall meet jointly at least twice to review the proposed school
budget, focusing on its underlying assumptions and supporting data
and the ability of the city to raise the necessary funds for the
support of such proposed budget. The superintendent and the city
managerCOO shall provide information regarding such proposed
budget as reasonably requested by the school board and the city
council, or their designated subcommittees.

 The budget submitted by the superintendent to be reviewed
jointly by the school board and the city council shall provide a
complete financial plan of all school funds and activities for the
ensuing fiscal year. In organizing the school budget for joint
review, the superintendent shall utilize the most feasible
combination of expenditure classification by fund, organization,
unit, program, purpose or activity, and object. The budget shall
begin with a clear general summary of its contents; shall show in
detail all estimated income and all proposed expenditures,
including debt service for the ensuing fiscal year; and shall be so
arranged as to show comparative figures for actual and estimated
income and expenditures of the current fiscal year and actual
income and expenditures of the preceding fiscal year. The total of
proposed expenditures shall not exceed the total of proposed
income.

 Not later than the last Monday in April of each fiscal year,
the school board shall submit to the city council a budget of the
various sums required for the support of the public schools for
the ensuing fiscal year in the format provided above, and shall
thereafter provide the city council with such information relating
to such budget as the city council shall require.

 A budget hearing on such budget estimates shall be held prior
to final action by the city council. The city council in its
appropriation resolve for the ensuing year shall, in addition to
amounts appropriated for other general city purposes,
appropriate one gross amount for the support of the public schools,
which amount shall not be less than the sum required to be
appropriated for such purposes by the general laws of the state.
Such gross amount shall not be less than the sum requested by the
school board except by a vote of at least six (6) members of the
city council. Such appropriation shall be expended under the
direction and control of the school board but no such appropriation
shall be exceeded except by consent of the city council.




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(Referendum 6/13/78; 11/2/10)

Section 6. Vacancies.

 A vacancy in the membership of the board of public education
shall occur upon the happening of the following: (1) the death of
a member; (2) the effective date of the resignation of a member;
(3) the removal of a member from the district from which he or she
was elected; (4) the removal of a member from the city; (5) the
conviction of a member of a felony while in office; or (6) the
recall of a member pursuant to the provision of Article V. The
school board shall declare a vacancy in its membership to exist
upon the failure of a member to attend any six (6) consecutive
regular meetings of the school board or at least sixty (60) percent
of the regular meetings of the school board held in any one
calendar year unless such member shall be excused (by a vote of at
least four (4) of the members) for health reasons or other good
cause. A member may in writing addressed to the school board
resign his or her office effective at a future date specified in
the written resignation. Once submitted to the school board, such
resignation may not be withdrawn and such member's office shall
become vacant on the specified future date.

 If a vacancy in the membership of the school board occurs or
is declared prior to the next regular municipal election, the
vacancy shall be filled at a special election to take place on the
same date as the next scheduled municipal or state election which
is no less than 127 days after the date the vacancy occurs or is
declared, unless the council, by a vote of at least six
of its members, calls a special election on an earlier date and
shortens the time for obtaining and filing nomination petitions
established in article IV, section 6. Such election shall be
called and held and nominations made as in other elections.
(Referenda 11/2/76; 11/4/86; 11/2/99; 11/2/10)

 ARTICLE IVV. ELECTIONS

Section 1. Continuity in office.

 In the event redistricting of the city shall cause a then
council member or school board member to reside in a district
other than that from which such person was elected, the office of
such member shall not thereby be considered vacated but such
member shall continue in office until a successor is duly elected
and qualified. Each district councilor and district school board
member in office on the effective date of any such redistricting
shall be deemed to represent the newly constituted district of the




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same numerical designation as that formerly represented and shall
continue to serve in that capacity until expiration of his or her
term. (Referenda 6/13/78; 11/4/86; 11/2/10)

Section 2. Regular municipal election.

 On the first Tuesday after the first Monday in November of
each year, the regular municipal election shall be held and the
registered voters of the city or district, as the case may be,
shall ballot for a mayor and for such councilors and for such
members of the school board as may be necessary to fill the
offices of those whose terms would then normally expire and fill
any existing vacancy in an unexpired term of office. (Referenda
12/1/75; 11/2/76; 6/13/78; 11/4/86; 11/7/00; 11/6/01; 11/2/10)

Section 3. Wardens and ward clerks.

 The wardens and ward clerks shall be nominated by the city
clerk and appointed by order of the city council. They shall be and
remain residents of the city and all other qualifications for
appointment shall be as provided in Title 21-A of the Maine
Revised Statutes. They shall hold their office for one year from
the date of appointment, unless a shorter term is specified by the
order of appointment, and until others have been chosen and
qualified in their stead. The warden and the ward clerk shall be
sworn to the faithful performance of their duties by a person
qualified under the statutes of the state to administer oaths, and
a certificate of such oath shall be entered by the clerk on the
records of such ward. (Referenda 11/2/76; 6/13/78; 11/4/86,
11/4/08; 11/2/10)

Section 4. Nominations.

 The nominations of all candidates for elective offices
provided for by this charter shall be by petition. The petition of
a candidate for mayor or an at large council seat or at large
school board seat shall be signed by not less than three hundred
(300) nor more than five hundred (500) registered voters of the
city. The petition of a candidate for a district council seat or a
candidate for a district school board seat shall be signed by not
less than seventy-five (75) nor more than one hundred fifty(150)
registered voters of the respective district. Voters may sign
petitions for more than one (1) candidate for each office to be
filled at the election. (Referenda 12/1/75; 11/2/76; 11/4/86;
11/4/08; 11/2/10)




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Section 5. Form of nomination petition.

 The signatures to nomination petitions need not all be affixed
to one nomination petition, but to each separate petition there
shall be attached an affidavit of the circulator thereof stating
the number of signers of each petition, and that each signature
appended thereto was made in his or her presence and is the
genuine signature of the person whose name it purports to be. With
each signature shall be stated the place of residence of the
signer giving the street and number of the street, or other
description sufficient to identify the same. The form of the
nomination petition shall be substantially as follows:

 To the city clerk of the City of Portland

We, the undersigned voters of the City of Portland,
hereby nominate, __________ whose residence is _____ for the
office of _________ to be voted for at the election to be held in
the City of Portland on the _________ day of __________, ________,
and we individually certify that we are qualified to vote for a
candidate for the above office.

Name ___ Street and Number _____ , being duly sworn,
deposes and says, that he (she) is the circulator
of the foregoing nomination petition containing ______ signatures,
and that the signatures appended thereto were made in his or her
presence and are the signatures of the persons whose names they
purport to be.

(Signed) ________________________.

Subscribed and sworn to before me this ______ day of ____,
_____.


 Attorney, State of Maine Bar #
Notary Public

If this petition is deemed insufficient by the city clerk, he or
she shall forthwith notify by mail _ at . (Referendum
11/2/10)

Section 6. Filing of nomination petitions, and acceptance of
nomination.

 The city clerk shall make nomination petitions available to
the candidates one hundred and twenty-seven (127) days prior to




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the election. The nomination petitions for any one (1) candidate
must be assembled and united into one (1) petition and filed with
the city clerk during normal business hours not earlier than
eighty-five (85) nor later than seventy-one (71) days before the
date of election. No nomination shall be valid unless the
candidate shall file with the city clerk in writing at the time of
filing of such nomination petitions his or her consent accepting
nomination, agreeing not to withdraw and, if elected, to qualify.
Such nomination petitions and consent, once filed may not be
withdrawn. Any challenge to a nomination petition must be
submitted to the city clerk in writing, setting forth the specific
reasons for the objection, no later than five (5) days, excluding
Saturdays, Sundays, and legal holidays, from its date of filing,
or it is barred. No person shall take out nomination papers for
more than one position at the same election, nor be nominated, nor
shall any person consent to being nominated, at the same election
for any other elective office provided for by this charter, and no
person shall simultaneously hold more than one (1) elective office
provided for by this charter. (Referenda 11/2/76; 6/13/78;
11/4/86; 11/6/01; 11/4/08; 11/2/10)

Section 7. Form of ballot.

 All official ballots for use in all municipal elections shall
be prepared by the city clerk and furnished by the city,
consistent with the voting machines used and the form of any state
ballot(s), and the use of ranked choice voting. Ballots for use in
elections under this charter shall contain the names of the
various candidates, with their residence, and the office for
which they are candidates, and instructions on how to mark the
ballot. The candidates for each office shall be grouped under the
title of each office, plainly and distinctly marked. There shall
be as many blank spaces under the name of each office as there are
vacancies to be filled. The procedure for counting write-in votes
shall be governed by Title 21-A, Maine Revised Statutes, unless
inconsistent with article II, section 3, in which case the charter
provisions shall govern. Notwithstanding the foregoing, in the
event of an emergency such as the illness, death or
disqualification of a nominee for municipal office prior to the
general election, the time frame for accepting a declared write-in
candidate may be shortened by the city clerk. Such ballots may also
contain such measures as may be submitted to the voters of the city
by the legislature or by the city council and shall be without
party mark or designation.

 In preparing all ballots for election under this charter, the
city clerk shall arrange the names of all qualified candidates for




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each office in alphabetical order according to surnames.
(Referenda 11/2/2010; 3/3/2020))


Section 8. Specimen ballots.

 The city clerk shall cause specimen or sample ballots to be
prepared and to be posted in public places in each ward and voting
precinct and advertised in the newspapers not later than ten (10)
days prior to the municipal election. Such specimen ballots shall
be printed on colored paper and marked "Specimen Ballot," and
shall contain the names of the certified candidates with the
residence of each, instructions to voters, and such measures as may
be submitted to the voters by the legislature or by the city
council. Such specimen ballots shall also be without party mark or
designation. (Referendum 11/6/01; 11/2/10)

Section 9. Count of ballots.

 Upon closing of the polls, ballots shall be counted in
accordance with Title 21-A, Maine Revised Statutes, unless
inconsistent with article II, section 3, in which case the charter
provisions shall govern, and the results thereof delivered to the
city clerk by the wardens. (Referendum 11/2/10)

Section 10. Canvass of returns.

 The city clerk shall examine the records of the several
voting places and within forty-eight (48) hours after such
election shall determine and declare the successful candidates as
follows: The person or persons, not exceeding the number to be
voted for at any one time for any office, having the majority of
votes cast at such election, shall be determined and declared to
be elected. If no candidate for mayor, city council, or school
board has a majority of the votes cast as provided in article II,
section 3, the city clerk shall conduct an instant runoff
tabulation as provided in such section until the candidate with
the majority of votes cast is determined. The city clerk shall
provide written notice of the election results to all candidates.
(Referenda 11/6/01; 11/2/10; 3/3/2020)

Section 11. State election laws applicable.

 The laws of the state in Title 21-A of the Revised Statutes
relating to the qualifications of electors, registration, the
manner of voting, the duties of election officials, and all other
particulars in respect to preparation for conducting and managing




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elections, so far as they may be applicable, shall govern all
municipal elections in the City of Portland, except as provided
below regarding 42-day pre-election reports and as otherwise
provided herein.

 In addition to the reports required for municipal candidates
by Title 21-A of the Maine Revised Statutes, 42-day pre-election
reports must be filed by municipal candidates no later than 11:59
p.m. on the 42nd day before the date on which a general election is
held and must be complete as of the 49th day before that date.

 Nothing in this charter shall prohibit the use of electronic
or revised voting methods and procedures to the extent authorized
by state and/or federal law. (Referenda 11/4/08; 11/6/2018)

 ARTICLE VVI. RECALL

Section 1. Applicability.

 The mayor or Aany member of either the city council or the
school board may be recalled and removed from office by the
registered voters of the City of Portland, as hereinafter
provided, except that this provision shall not apply to a member of
either body who has one (1) year or less to serve in his or her
term, i.e., any petition to recall a member must be certified by
the clerk no later than November 30 of the year prior to that
member’s next scheduled November re-election date. (Referenda
11/4/86; 11/2/10)

Section 2. Petition for recall.

 In the case of either the mayor, or an at large member of the
city council or of the school board, any five hundred (500)
registered voters of the city may affirm and file with the city
clerk an affidavit containing the name of the mayor or of the
member of the city council or of the school board whose removal is
sought, together with a statement of the reasons why such removal
is desired. In the case of a district member of the city council
or of the school board, any two hundred and fifty (250) registered
voters of the member’s district may affirm and file with the city
clerk an affidavit containing the name of the district member
whose removal is sought, together with a statement of the reasons
why such removal is desired. Members of the city council and of
the school board shall not be included on the same affidavit and
only one member’s name shall be on an affidavit.

 Within seven (7) calendar days of receipt of such an




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affidavit, the city clerk shall prepare a sufficient number of
petitions which shall contain the signature of the city clerk, his
or her official seal, the date, and the name of the person whose
removal is sought. In addition, the statement of reasons for
removal referred to above shall either be printed on such petitions
or attached thereto. Such petitions shall be on paper of uniform
size with as many individual sheets as reasonably necessary.

 The city clerk shall file the completed petitions in his or
her office. During the thirty (30) days following their filing,
the city clerk shall arrange to have petitions, noting that removal
is being sought as well as the reasons therefor, available for
signature both at city hall and also at public places as indicated
below. Notice of the location of the public places where petitions
may be signed shall be given by publication at least forty-eight
(48) hours in advance and such notice shall contain the specific
location of such public place or places, the dates it or they
will be open, and the times during which petitions may be
signed. In the case of either a district councilor or a district
school board member, the city clerk shall select one (1) site
outside of city hall, but within the district of the member whose
removal is sought, and such location shall be open for four (4)
days between the hours of noon and 8:00 p.m. In the case of at
large councilors or members of the school board, the city clerk
shall select four (4) sites outside of city hall and such
locations shall be open for four days each between the hours of
noon and 8:00 p.m.

 The city clerk shall designate election clerks to supervise
each such site. Election clerks shall be residents of Portland and
at least eighteen (18) years of age. They shall be sworn to the
faithful performance of their duties by the city clerk. Each
qualified voter who signs a petition shall include his or her
place of residence, providing either the street and number or a
description sufficient to identify the place.

 To mandate a vote in the case of the mayor or an at large
councilor or an at large member of the school board, the recall
petition must be signed by at least three thousand (3,000)
registered voters of the city, or in the case of a district
councilor or district member of the school board, by at least
fifteen hundred (1,500) registered voters of that member’s
district. (Referenda 12/1/75, 11/4/86; 11/2/10)

Section 3. Verification of recall petition.

 At the expiration of the thirty (30) day period for signing




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petitions described in section 2, the city clerk shall declare the
petition closed and, within ten (10) days thereafter, shall
ascertain whether or not the petitions have been signed by the
requisite number of registered voters. The city clerk shall attach
his or her certificate, showing the results of such examination, to
the petitions.

 If the clerk's certificate should show that the petitions are
insufficient, he or she shall advise both the city council and
also the person or persons whose removal was sought of that fact. A
finding of insufficiency shall not prejudice the filing of a new
petition for the same purpose, except that such new petition shall
not be filed within twelve (12) months from the date of the receipt
of the clerk's certificate by the city council. (Referenda
11/4/86; 11/2/10)

Section 4. Calling of recall election.

 If the clerk's certificate should show that the petitions are
sufficient, he or she shall submit them, together with the clerk's
certification, to the city council at its next regular meeting
following certification, and shall also notify the person or
persons whose removal is sought. The city council shall, within
ten (10) days of receipt of the clerk's certificate, or on its own
in the case of a council vote to hold a recall election for the
mayor under article II, section 6, order an election to be held
not less than forty-five (45) nor more than ninety (90) days
thereafter; except that, if a regular municipal election should
occur within ninety (90) days after receipt of the certificate,
the city council may, in its discretion, schedule the recall
election for the same date as the regular municipal election. The
recall election shall be called and held as other elections under
this charter, except for the specific limitations imposed by this
article.

 All registered voters in the city may vote on the recall of
the mayor or an at large member of the council or school board;
only the registered voters of the applicable district may vote on
the recall of a district member of the council or school board.
(Referenda 11/4/86; 11/2/10)


Section 5. Form of ballot.

 Unless the mayor or the member or members whose removal is
sought shall have resigned within ten (10) days after the receipt
by the city council of the clerk's certificate or of the council’s




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vote to hold a recall election for the mayor, the form of the
question to be submitted to the voters shall, as nearly as
possible, be: "Shall (name of official and his or her title) be
recalled?" (Referendum 11/4/86)

Section 6. Count of ballots.

 In case a majority of those voting for and against the recall
of any official shall vote in favor of recalling such official, he
or she shall be thereby removed, and, in that event, the candidate
to succeed such person for the balance of the unexpired term shall
be determined as provided for in the case of a vacancy in the
office.

 If a majority of those voting should decline to recall a
particular official, then no proceedings, seeking the recall of
that same official, shall be initiated under this article within
twelve (12) months from the date of the election in which his or
her recall was sought. (Referendum 11/4/86)

Section 7. Election may be ordered.

 If the mayor or a member of either the city council or school
board who is recalled should either request a recount or dispute
the election as permitted by law, then that member shall remain in
office until the recount or dispute has been finally determined;
and the provisions of article II, section 7, and article III,
section 6, and article IV, section 6 relating to vacancies in the
office of the mayor, city council or school board, shall be stayed.
(Referendum 11/4/86; 11/2/10)

 ARTICLE VIVII. ADMINISTRATIVE OFFICERS

Section 1. Appointments.

 (a) The following officers shall be nominated for appointment
 by the executive committee and confirmed appointed by a
 vote of at least five (5) members of the city council:
 city managerCOO, city clerk, and corporation counsel, and
 they may appoint constables at large.

 (b) All department heads shall be nominated for appointment by
 the executive committee and confirmed by a vote of at
 least five (5) members of the city council. appointed by
 the city manager, subject to confirmation by the city
 council.




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 (c) All attorneys employed in the corporation counsel's office
 shall be appointed nominated for appointment by the
 corporation counsel, subject to confirmation by the city
 council.

 (d) All other employees shall be appointed nominated for
 appointment by the city managerCOO upon recommendation of
 the heads of their departments. (Referendum 11/4/86;
 11/2/10)

 (d)(e) All persons nominated for appointment shall  be
 nominated solely on the basis of character  and
 qualification to perform the duties of the office or
 position to be filled by the appointment.

Section 2. Organizational powers.

 The city council shall have power to provide by ordinance for
the organization, conduct, and operation of the departments,
agencies, offices, and boards of the city, for the creation of
additional departments, agencies, offices, and boards and for the
division of any such departments, agencies, offices, and boards;
and for the alteration, abolition, assignment, or reassignment of
all such departments, divisions, agencies, offices and boards;
provided, however, there shall be a director of finance to perform
the functions specified in article VII of this Charter. The city
council shall, by ordinance, designate those department heads
responsible for performing duties required by state law.
(Referendum 11/4/86)

Section 3. Civil service rules.

 The city council shall provide by ordinance for a system of
civil service rules for the appointment, promotion, demotion, lay-
off, reinstatement, suspension, and removal of the members of the
police department and of the fire department, other than the
chiefs of such departments, and for a civil service commission to
administer the same.

Section 4. Compensation and tenure of offices.

 The city council shall fix by order the salaries of the
appointees of the city council. Salaries of the appointees of the
city managerCOO shall be fixed by the city managerCOO, subject to
the approval of the city council. All appointive officers shall
hold office during the pleasure of the appointing power.




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Section 5. Appointment; qualifications; powers and duties of the
city managerChief Operating Officer (COO).

 The city managerCOO shall be nominated for appointment by the
mayor and chosen confirmed by the city council solely on the basis
of character and executive administrative qualifications, and may
or may not be a resident of the City of Portland or of the State
of Maine at the time of appointment. Such person shall give bond
for the faithful discharge of his or her duties to the City of
Portland and in such sum as the city council shall determine and
direct, and with surety or sureties to be approved by the city
council. The premium on such bond shall be paid by the city. Such
person shall be responsible for the administration of all
departments and for the delivery of city services the
administrative head of the city and shall be responsible to the
city councilmayor for the administration of all departments. The
mayor shall recommend for adption by the city council rules that
govern communications between city staff and elected officials.
Neither the mayor nor members of the city council shall direct,
request or interfere with the appointment or removal of any of the
officers or employees of the city for whom the city manager is
responsible, nor shall any of them give an order, publicly or
privately, to any such city officer or employee relating to any
matter in the line of that officer’s or employee’s city
employment. Notwithstanding the foregoing, nothing herein is
intended to prevent the city manager from assigning staff to work
and communicate directly with councilors, boards and
 commissions, council committees, neighborhood and other
groups and organizations, on city work.

 The city manager'sCOO’s powers and duties shall be as
follows:

 (a) To see that the laws and ordinances are enforced, but
 shall delegate to the chief of the police department the
 active duties connected therewith regarding criminal
 conduct.

 (b) To exercise control over all departments, divisions,
 agencies, and offices created herein or that may be
 hereafter created.

 (c) To implement the policy decisions of the mayor and city
 council.

 (d) To coordinate city programs and operations and recommend
 improvements in such programs and operations to the




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 councilmayor.

 (e) To prepare city budgets, at the direction of the mayorin
 consultation with and incorporating policy guidance of the
 mayor, and to present such budgets to the council. Upon
 presentation of the budget by the mayor to the council,
 the COO may provide a memo to the council on behalf of
 city staff, which memo may include, but shall not be
 required, such advice, guidance, information or requests
 that the COO believes is relevant on behalf of all non-
 union staff and departments.

 (f) To make appointments as provided in this charter.

 (g) To attend meetings of the city council, except when his
 or her removal is being considered, and recommend for
 adoption such measures as he or she may deem expedient.

 (h) To keep the city council fully advised as to the business
 and financial condition and future needs of the city and
 to furnish the city council with all available facts,
 figures, and data connected therewith when requested.

 (i) To prepare a five (5) year rolling capital improvement
 plan, at the direction of the mayor, for annual
 presentation by the mayor to the city council, which plan
 includes the following:

 1. A one (1) year plan of specific projects and
 their cost;

 2. A two (2) through five (5) year plan of specific
 projects and general categories, and amounts of proposed
 spending and funding sources; and

 3. A discussion of the basis for the plan and the factors
 which went into its development or amendments.

 (j) To prepare and submit to the city council such reports as
 are requested or he or she deems advisable; and

 (k) To perform such other duties as may be prescribed by this
 charter or required by ordinance of the city council.
 (Referenda 11/4/86; 11/2/10)

Section 6. Vacancy in office of city managerCOO.




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 During any vacancy in the office of city managerCOO, and
during any absence or disability of the city managerCOO of more
than sixty (60) days, the city council shall designate a properly
qualified person to perform the duties of manager and fix such
person's compensation. During a temporary absence of sixty (60)
days or less, the city managerCOO may designate a qualified person
to perform the duties of manager during such absence. While so
acting, such person shall have the same powers and duties as those
given to and imposed on the city managerCOO. Before entering his or
her duties, he or she shall give bond to the City of Portland in a
sum and with surety or sureties to be approved by the city
council. The premium on such bond is to be paid by the city.
(Referendum 11/2/10)

Section 7. Duties of administrative officers.

 Duties of administrative officers shall be prescribed by the
appointive power, but such duties shall not be inconsistent with
this charter or any ordinance enacted by the city council as
provided herein. (Referendum 11/4/86; 11/2/10)

Section 8. Continuity in office.

 Any and all officers, department heads, and employees of the
City of Portland on the effective date of this charter shall
continue in such capacity until a successor is appointed and
qualified as provided herein, unless sooner removed by the
appointive power designated herein. (Referendum 11/4/86; 11/2/10)

Section 9. Executive committee.

 The executive committee shall consist of the mayor and two
(2) city councilors elected annually by the city council. The
mayor shall serve as chair of the executive committee. In the
absence of the mayor, the more senior city councilor serving on
the committee shall serve as chair pro tem. The executive
committee shall appoint the members and chairs of the city council
committees and various ad hoc committees and communicate such
appointments to the city council and undertake such other duties
as may be assigned by the city council. The executive committee
shall also nominate the appointment of the COO, corporation
counsel and the city clerk, as provided in article VII, section
1(a) and of department heads as provided in article VII, section
1(b).

Section 10. Review committee.




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The review committee shall consist of the mayor and members of the
city council. The review committee shall To establish performance
guidelines in conjunction with the other members of the city
council for regular evaluations, no less than annually, by the
mayor and city council of the performance of the city managerCOO,
corporation counsel and city clerk, such evaluations to be based
upon those guidelines. Such performance guidelines shall have
measurable goals and objectives, taking into consideration, as
applicable, the achievement of city policies and priorities;


 ARTICLE VIIVIII. BUSINESS AND FINANCIAL PROVISIONS

Section 1. Accounts and records.

 Accounts shall be kept by the director of finance, showing
the financial transactions of all departments of the city, and the
school department. Accounts shall be kept in such a manner as to
show fully at all times the financial condition of the city. The
director of finance shall furnish to the city managerCOO and mayor
each month a report containing in detail the revenues, expenses
and expenditures of the city on all accounts, and for each
appropriation item the expenditures made and the obligations
incurred during the preceding calendar month and the total
unencumbered balance. All the accounts of the city and the school
department shall be audited annually by a qualified certified
public accountant to be chosen by the city council. (Referendum
12/1/75; 11/2/10)

Section 2. Collaboration between city and schools.

 To the extent practicable and lawful, the city and the school
department shall endeavor to share staff and resources and
otherwise cooperate with one another in order to provide better
city and school services in a cost effective manner. (Referendum
11/2/10)

Section 3. Reports.

 The director of finance shall publish each month a set of
financial statements reflecting the financial condition of the
city and the school department, and such other financial
information as may be required by the city council.

 The director of finance shall produce a comprehensive
financial report on an annual basis which conforms to “Generally
Accepted Accounting Principles.” (Referendum 11/2/10)




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Section 4. Fiscal year.

 The fiscal year of the city shall be July 1 through June 30,
or such other fiscal year as the city council shall determine.
(Referenda 6/13/78; 11/4/86; 11/2/10))

Section 5. Annual budget.

 Not later than two (2) months before the end of the fiscal
year, the city managermayor shall submit to the city council a
proposed city budget prepared by the city managerCOO and mayor for
the ensuing fiscal year. The mayor shall submit comments on the
proposed city budget, along with any proposed modifications,
concurrently with the manager’s submission.

 The city council shall fix a time and place for holding a
public hearing upon the proposed city budget prepared by the
managerCOO and mayor, and shall give not less than ten (10) days
prior public notice of such hearing, which hearing shall be at
least ten (10) days before the final passage of the appropriation
resolve. (Referenda 6/13/78; 11/4/86; 11/2/10)

Section 6. Budget content.

 The proposed city budget prepared by the manager COO and
mayor shall provide a complete financial plan of city general and
enterprise funds and activities for the ensuing fiscal year. In
organizing the budget, the city managerCOO and mayor shall utilize
the most feasible combination of expenditure classification by
fund, organization unit, program, purpose or activity, and object.
It shall begin with a clear general summary of its contents; shall
show in detail all estimated income, indicating proposed tax
levies, and all proposed expenditures, including debt service for
the ensuing fiscal year; and shall be so arranged as to show
comparative figures for actual and estimated income and
expenditures of the current fiscal year and actual income and
expenditures of the preceding fiscal year.

 The total of proposed expenditures shall not exceed the total
of proposed income. (Referenda 6/13/78; 11/2/10)

Section 7. Appropriation resolve.

 The city council shall adopt the annual appropriation resolve
for the next fiscal year on or before the last day of the twelfth
month of the fiscal year currently ending. Such resolve shall




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appropriate those amounts deemed necessary for general city
purposes and additionally one gross amount for school purposes as
required by section 5 of article III. The total amount
appropriated shall not exceed the estimated revenue of the city.

 If it fails to adopt such resolve by this date, the city
council may make appropriation for current departmental expenses,
chargeable to the appropriation for the year, when passed, to an
amount sufficient to cover the necessary expenses of the various
departments until the annual appropriation resolve is in force.
These continuing appropriations shall not be subject to the
mayor’s veto in section 8 below.


 The city council may by resolution appropriate to any purpose
or object for which there shall have been no appropriation for the
current year, or for which the appropriation for the current year
has proved insufficient, any accruing revenue of the city not
appropriated as hereinbefore provided and any unencumbered
appropriation balance, or portion thereof, remaining after the
purpose of the appropriation shall have been satisfied or
abandoned. Such supplemental appropriations shall not beare subject
to the mayor’s veto in section 8 below. (Referenda 6/13/78;
11/2/10)

Section 8. Mayoral veto of general city purposes appropriations in
the appropriation resolve.

 Within five (5) business days of the meeting at which the city
council adopts the annual appropriation resolve or any
supplemental appropriation resolution referenced in section 7 of
article VIII above, the mayor may veto the appropriation or the
supplemental appropriation for general city purposes in such
resolve by written communication to the other members of the city
council. Such communication shall specify the reasons for such veto
and shall, at minimum, be posted upon the city’s website or
similar location and sent to the councilors by electronic mail and
by the same means that agendas are delivered to councilors.

 Any such veto of the appropriation for general city purposes
shall not affect city payment of debt service obligations on
previously authorized bonds, nor shall it affect the school budget
appropriation.

 An order to override the veto shall be placed on the next
city council agenda which is at least five (5) calendar days after
the date of the mayor’s veto communication, and such veto may be




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overridden by a vote of at least six (6)two-thirds (2/3) of the
members of the city council. The mayor shall not vote on such
override item.

 If a veto is overridden, the general city purposes
appropriation will take effect on the first day of the fiscal
year, or on the day immediately following the override vote, if
such vote is after the first day of the fiscal year.

 If a veto is not overridden, then at the same meeting the
override vote is taken, the general city purposes appropriation
which was vetoed shall become an item for further consideration by
the city council, without the need for a motion for
reconsideration, and the city appropriation may be modified,
amended, or otherwise acted upon to secure passage at that meeting
or a subsequent meeting without the need for two readings prior to
passage.

 In the event the city council does not override the veto or
does not secure passage of the annual appropriation for general
city purposes prior to the start of the fiscal year, or has not
otherwise acted to provide continuing appropriations under the
second paragraph of section 7 above, then the appropriations for
general city purposes in effect for the prior fiscal year shall go
into effect as of the first day of the fiscal year, with
expenditures chargeable to the appropriation for the year, until
the appropriation for general city purposes is approved.
(Referendum 11/2/10)

Section 9. Unexpended appropriations.

 All appropriations in the annual budget shall lapse at the
close of the fiscal year unless specifically continued by order of
the city council, and the unexpended appropriations shall be
transferred to the appropriate fund balance account. (Referendum
11/2/10)

Section 10. Borrowing.

 The borrowing of money by and for the city shall be limited
as to form and purpose by section 11 and section 12 of this
article. The credit of the city shall in no manner be loaned to
any individual, association or corporation. (Referendum 11/2/10)

Section 11. Bond issues.

 Money may be borrowed, within the limits fixed by the




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 City of Portland Charter
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 Article VIII Rev. 12-6-12

constitution and statutes of the state, now or hereafter applying
to Portland, by the issue and sale of bonds or notes pledged on
the credit of the city, or on the revenues or assets of the
projects financed with the proceeds of such borrowings, the
proceeds to be used for the acquisition of land, the construction,
reconstruction, major alteration, extraordinary repairs, and
equipment of buildings and other permanent public improvements,
the purchase of departmental equipment, for economic development to
the extent determined by the City Council to serve a valid public
purpose, to create reserves to settle workers' compensation
obligations, to fund, refund, pay or to create reserves for the
payment of the city’s unfunded pension fund liabilities and for
the payment of refunding bonds, notes and other evidences of
indebtedness previously issued, or for any other purpose permitted
by state law.

 No order providing for the issue of bonds shall be passed
without public notice given by posting notice of the same in two
(2) public places in the City of Portland and publishing such
notice at least twice in a newspaper of general circulation in
Portland at least two (2) weeks before final action of the city
council. In addition, the city council may, in its discretion,
provide that such notice shall be published on the city's website
and in such other additional media as the city council determines
are appropriate to notify the general public of the public
hearing.

 Any order authorizing the issue of bonds must be approved by
vote of at least seven (7) members of the city council. (Referenda
11/4/86; 11/5/91; 11/8/94; 11/2/99; 11/2/10)

Section 12. Temporary loans.

 Money may be borrowed in anticipation of receipts from taxes
during any fiscal year but the aggregate amount of such loans
outstanding at any one (1) time shall not exceed eighty
percent of the revenue received from taxes during the preceding
fiscal year. All such loans shall be paid within the year out of
the receipts from taxes for the fiscal year in which the loans are
made. Money may be borrowed in anticipation of money to be
received from the sale of bonds to be issued, in case such bond
issue has been authorized; all such loans shall be subject to the
provisions of the laws of the State of Maine in relation thereto.
This section shall not limit in any way the power granted to towns
and cities to borrow money as contained in the Revised Statutes of
the State of Maine and acts amendatory thereof and additional
thereto. (Referendum 11/4/86; 11/2/10)




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Section 13. Payments.

 The director of finance shall establish adequate financial
controls to reasonably ensure that all payrolls, bills and other
claims and demands against the city are in proper form, correctly
computed, duly certified and legally due and payable.

 The director of finance may require any claimant to make oath
to the validity of his or her claim, may investigate any claim and
for such purpose or purposes may examine witnesses under oath.
(Referendum 11/2/10)

Section 14. Bonds of officers.

 The city council shall require a bond with sufficient surety
or sureties, satisfactory to the city council, from all persons
trusted with the collection, custody or disbursement of any of the
public moneys; and may require such bond from such other officials
as it may deem advisable; the premium charges for such bonds to be
paid by the city. (Referendum 11/2/10)

Section 15. Collection and custody of city moneys.

 All moneys received by any officer, employee or agent of the
city belonging to the city, or for or in connection with the
business of the city, shall forthwith be paid by the officer,
employee or agent receiving the same into the city treasury, and
shall then be deposited by the director of finance with a federally
insured banking institution or institutions or insured credit
union or unions. All interest from all deposits of money belonging
to the city shall accrue to the benefit of the city. (Referendum
11/2/10)

Section 16. Voter referendum required for certain city council
actions.

 (a) The city council shall submit the following to voter
 referendum:

 (1) Orders or resolves authorizing the issuance of general
 obligation securities of the city in a principal amount
 greater than five one-hundredths of one (1) percent of the
 last certified state valuation of the city for a single
 capital improvement or item of capital equipment; or

 (2) Orders or resolves directly or indirectly obligating the




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

 city to expend, over a term greater than one (1)
 municipal year, municipal tax funds in excess of an amount
 greater than seven and one-half one-hundredths of one (1)
 percent of the last certified state valuation of the city
 for a single capital improvement or item of capital
 equipment.

 (b) The provisions of this section shall not be applicable to
 any order or resolve authorizing (i) the refunding of any
 securities or other obligations of the city; (ii) the
 issuance of general obligation securities, or other direct
 or indirect obligations, of the city for streets,
 sidewalks, or storm or sanitary sewers; or (iii) any
 construction or financing of improvements or equipment
 needed as a result of fire, flood, disaster or other
 declared emergency. For purposes of this section, the city
 council may by vote of at least seven (7) of its members
 adopt emergency orders or resolves authorizing
 construction or financing of improvements or equipment
 needed as a result of fire, flood, disaster or other
 emergency and such orders or resolves shall contain a
 section in which the emergency is set forth and defined;
 provided, however, that the declaration of such emergency
 by the city council shall be conclusive.

 (c) Any order or resolve described in subsection (a) of this
 section shall be approved by separate action of the city
 council.

 (d) No order or resolve described in subparagraph (a) of this
 section, not excepted by subparagraph (b), shall become
 effective until approved by a majority of voters voting at
 a regular or special municipal election. In the event that
 the total number of votes cast for and against the
 question for the referred order or resolve should be less
 than ten (10) percent of the registered voters of the
 city, then such order or resolve shall be deemed to be
 approved and effective.

 (e) The form of the ballot question for the referred order or
 resolve shall be substantially as follows:

 Shall the order or resolve entitled "
 ", be approved?
(Referendum 11/4/86; 11/2/10)

 ARTICLE VIIIIX. MISCELLANEOUS PROVISIONS




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12


Section 1. No personal interest.

 No member of the city council or school board or board or
commission thereof and no officer or employee of the city or
school department, including but not limited to the mayor, shall:

 (a) Have a substantial financial interest, direct or indirect,
 in any contract entered into by or on behalf of the City
 of Portland or the school board, except his or her
 employment contract, or in the sale to or by the city or
 school department of any land, materials, supplies or
 services when such officer, employee or member exercises
 on behalf of the city or school department any function or
 responsibility with respect to such contract or sale. All
 contracts or sales made in violation hereof are void, and
 the city treasurer is expressly forbidden to pay any money
 out of the city treasury on account of any such
 transaction.

 (b) Purchase or accept anything from the city or school
 department, other than those items or services which are
 offered to the public generally, and then only upon the
 same terms and under the same procedures offered to and
 used for the general public. This shall not include those
 items or services which are received as compensation, or
 as a part of such person's employment contract, or which
 are necessary for the performance of such person's duties.

 (c) Accept or receive from any person, firm, or corporation
 acting under a franchise, contract, or license from the
 city or school department, any frank, free pass, free
 ticket, or  free service, or  accept, directly  or
 indirectly, from any such person, firm, or corporation any
 service upon terms more favorable than those granted to
 the public generally. (Referenda 11/4/86; 11/2/10)


Section 2. Ordinances, rules and regulations continued.

 All ordinances in force at the time that this charter takes
effect, not inconsistent with this charter, shall continue in
force until amended or repealed. All rules and regulations of the
municipal officers or of any office of the City of Portland in
force at the time that this charter takes effect, not inconsistent
with the provisions hereof, shall continue in force until amended
or repealed.




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12


Section 3. Continuity of actions.

 All rights, actions, proceedings, prosecutions and contracts
of the city or any of its departments, pending or unexecuted when
this charter goes into effect and not inconsistent therewith shall
be enforced, continued or completed in all respects as though
begun or executed hereunder.

Section 4. Summons before city council and civil service
commission.

 The clerks of the supreme judicial and superior courts may
issue summonses or subpoenas for witnesses to attend and to produce
books, documents and papers at any meeting of the city council or
of the civil service commission of the City of Portland at which a
hearing is had in any matter regarding any alleged dereliction,
which summonses shall be served as summonses are required to be
served in matters before the supreme judicial or superior courts.
Failure to obey a summons or subpoena shall be punished by the
appropriate court in the same manner as contempt is punished under
the general law. (Referendum 11/4/86)

Section 5. Effect of private and special laws.

 Private and special laws which apply to the City of Portland
in effect on November 4, 1986 shall continue in force until amended
or repealed. (Referendum 11/4/86)

 APPENDIX A

 Charter Legislative History

 1. Town of Portland incorporated by Act of Commonwealth of
 Massachusetts on July 4, 1786; Town of Portland Records, p.
 1
 2. City of Portland incorporated by adoption of charter on
 March 26, 1832; original charter can be found in Chapter
 248, Special Laws of Maine 1832, p. 380; amendments as
 follows:
c. 325, S.L. 1833, p. 501
c. 500, S.L. 1834, p. 749
c. 402, S.L. 1838, p. 511
c. 541, S.L. 1839, p. 648
c. 33, P & SL 1842, p. 25
c. 200, P & SL 1845, p. 258
c. 266, P & SL 1845, p. 310




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

c. 233, P & SL 1849, p. 333
c. 330, P & SL 1850, p. 458
c. 167, P & SL 1853, p. 158
c. 35, P & SL 1857, p. 48
c. 103, P & SL 1857, p. 93
c. 109, P & SL 1857, p. 100
A total revision of the charter was accomplished in 1863; c. 275,
P & SL 1863, p. 257; amendments as follows:
c. 348, P & SL 1870, p. 316
c. 647, P & SL 1871, p. 624
c. 21, P & SL 1875, p. 16
c. 8, P & SL 1881, p. 9
c. 86, P & SL 1881, p. 86
(c. 450, P & SL 1897, p. 707--Revision of charter rejected by
voters in
1897)
 c. 384, P & SL 1901, p. 569
 c. 68, P & SL 1903, p. 116
 (c. 287, P & SL 1905, p. 328--abolishing common council
 rejected by
voters April 24, 1905)
c. 344, P & SL 1907, p. 638
c. 427, P & SL 1907, p. 758
(c. 148, P & SL 1921, p. 513--"Murray Bill" charter revision
rejected by voters September 13, 1921)
(c. 149, P & SL 1921, p. 532--"Brewster Bill" charter revision
rejected by voters September 13, 1921)
A total revision of the charter was accomplished in 1923 by
adoption by voters of "Brewster Bill" on September 11, 1923; c.
109, P & SL 1923, p. 596; ("Nichols Bill" c.104, P & SL 1923, p.
557 was rejected same date); amendments as follows:
c. 56, P & SL 1929, p. 484
(c. 112, P & SL 1929, p. 604--Mayor--Alderman form rejected by
voters on September 10, 1929)
c. 31, P & SL 1931, p. 353
c. 50, P & SL 1945, p. 629
c. 113, P & SL 1945, p. 736
c. 144, P & SL 1945, p. 71
c. 72, P & SL 1947, p. 722
c. 72, P & SL 1949, p. 765
c. 103, P & SL 1949, p. 803
c. 28, P & SL 1953, p. 528
c. 108, P & SL 1955, p. 756
c. 88, P & SL 1957, p. 707
c. 143, P & SL 1959, p. 873
A total revision of the charter was accomplished in 1961; c. 194,
P & SL 1961, p 1125; amendments as follows:




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

c. 64, P & SL 1963, p. 966
c. 65, P & SL 1963, p. 967
c. 157, P & SL 1963, p. 1187
c. 177, P & SL 1963, § 1, p. 1291
(c. 6, P & SL 1965, p. 649 rejected by voters on December 6, 1965)
c. 7, p & SL 1965, p. 650
c. 81, P & SL 1965, p. 760




{P2005469.6} 40


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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12


(c. 127, P & SL 1965, p. 849 rejected by voters on December 6,
1965)
c. 221, P & SL 1967, p. 136
c. 83, P & SL 1969, p. 1628
c. 136, P & SL 1969, p. 1792
c. 146, P & SL 1969, p. 1820
(c. 185, P & SL 1969, p. 1958 rejected by voters on November 3,
1970)
State constitutional law reference--Municipal home rule,
 Const. of Maine, Art. VIII, Pt. 2.

 Referend 12/4/72 Art. I,
 a 1
 Referend 12/1/75 Art. II, 2
 a
 Art. IV, 2
 Art. IV, 4
 Art. V,
 2
 Art. VII 1
 ,
 Referend 11/2/76** Art. II, 1
 a
 Art.
 II, 4
 Art.
 III 1,2,5
 ,
 Art. IV, 2,3,4,
 6
 Art. V,
 2
Referenda 6/13/78 Art. II, 1,2,3,5
Art. III, 1,2,3,4
Art. IV, 1,2,3,6
Art. VII,3,4,5,6
Referenda 11/4/86***Art. II, 1,2,4,5
Art. III, 1,5
Art. IV, 1,2,3,4,6,7,9
Art. V, 1,2,3,4,5,6,7
Art. VI, 1,2,5
Art. VII 7-10 (Rpld)
Art. VI, 11-12 (Rnbd as Art. VI,
7-8)
Art. VII, 3,4,9,10,16
Art. VIII, 1,4,5
Art. VIII, 6 (Rpld)
Referenda 11/3/87 Art. II, 2




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

Art. III, 1
Referenda 11/5/91 Art. VII, 9 Referenda 11/8/94 Art. VII, 9
Referenda 11/2/99 Art. II, 4
Art. III, 5
Art. VII, 9
Referenda 11/7/00 Art. II, 3,5
Art. III, 2,3
Art. IV, 2
Referenda 11/6/01 Art, IV, 2,6,8,10 Referenda 11/4/08 Art. IV,
3,4,5, 6,7,11
Referenda 11/2/10**** Charter Revisions recommended
by the Portland Charter Commission established on November 4,
2008, and passed by the voters on November 2,2010

**Editor's note--The amendment establishing district councilor
elections became effective January 1, 1976, except that for the
purpose of nomination and election of district councilors such
amendment shall apply as the presently occupied district seats
become available thereafter by normal expiration of term or by
vacancy and to every district election thereafter.

***Editor's note--A referendum passed Nov. 4, 1986 and effective
July 1, 1987, repealed former sections 7 through 10 of article VI
to eliminate references to obsolete offices (assistant assessors,
director of public welfare) and renumbered former sections 11 and
12 as 7 and 8 respectively. Former sections 7 through 10 derived
from the legislation enumerated in the first editor's note to this
Charter.

***Editor's note--A referendum passed Nov. 4, 1986, effective July
1, 1987, amended section 4 of article VIII to clarify the summons-
subpoena power and to provide that failure to obey either a
summons or a subpoena will subject offenders to contempt. Former
section 5 of this article was deleted as a result of the amendment
to section 4 and a new section 5 added to preserve certain rights
granted to the city by special acts of the legislature. Former
section 6 was deleted to conform to 30 M.R.S.A. § 1915(4) which
establishes the effective date of Charter revisions. See the
editor's note to the Charter for derivations of deleted sections.

****Editor’s note--Portland voters approved a referendum passed on
November 4, 2008 to establish a Portland Charter Commission to
make recommendations to revise the Portland City Charter. Those
recommendations were subsequently passed by the voters on November
2, 2010, and incorporated the provisions on the popularly elected
mayor in Article 2, as well as making changes to the School and
Elections articles and technical amendments throughout the




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 City of Portland Charter
 Code of Ordinances
 Article VIII Rev. 12-6-12

document.




{P2005469.6} 43
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Peaks Island Council Proposal


Amend ARTICLE VIII., Miscellaneous Provisions, to add Section 1.-B, as follows:

Section 1.-B. Peaks Island Council.

 The city council shall maintain an ordinance establishing the “Peaks Island Council”',
including powers, duties, membership requirements and other necessary provisions deemed
appropriate by the city council. The Peaks Island Council shall act as an elected advisory body to
the city council.




{P2014589.1}



 Page 57
Amend ARTICLE IV., ELECTIONS, to add Section 12, Public financing of municipal elections,
and Section 13, Campaign finance rules, as follow:

Section 12. Public financing of municipal elections.

 The city council shall establish and fully fund a City of Portland Clean Election Fund
(hereinafter, the “Clean Election Fund” or the “Fund”) to provide public campaign funds to
qualified candidates for elected municipal offices. The Clean Election Fund must be available to
candidates in municipal elections beginning in 2024. Candidate participation in the Clean
Election Fund shall be voluntary.

 The city council shall provide an independent allocation from the city’s budget each year
to ensure the Clean Election Fund is sustained at a level that facilitates competitive campaigns
for participating candidates who meet qualifying criteria. The Clean Election Fund shall be
administered by the city clerk and the city council shall appropriate sufficient funds to ensure
there are adequate resources, including paid staff, to effectively administer the Fund.

 The city council shall maintain an ordinance directing the operation of the Clean Election
Fund. The ordinance shall direct that the Clean Election Fund must:

 (a) Limit the amount of private funds a participating candidate may raise;
 (b) Be limited to candidates who
 i. demonstrate public support;
 ii. enter into a binding agreement stating that the candidate will not
 accept private contributions other than those which are permitted by
 the Clean Election Fund; and
 iii. agree to participate in at least one (1) city-sponsored forum or voter
 education event.
 (c) Require that all unused funds from a participating candidate’s campaign be
 returned to the Clean Election Fund within one hundred (100) days after the date
 of the election.

 The city council may adopt additional regulations and ordinances not inconsistent with
this section.


Section 13. Campaign finance rules.

 (a) Corporate Contributions. A business entity may not make contributions to any
 candidate for municipal office. The term “business entity” refers to a firm,
 partnership, corporation, incorporated association, or other organization, whether
 organization as a for-profit or a nonprofit entity. A separate segregated fund
 committee may not make contributions to any candidate for municipal office
 using funds that derive, in whole or in part, from a business entity. Where a
 business entity establishes a separate segregated fund committee, that business
 entity may provide the separate segregated fund committee with the use of



{P2014358.1}



 Page 58
 offices, telephones, computers and similar equipment when that use does not
 result in additional cost to the business entity.
 (b) Campaign Contributions Reporting. All contributions to campaigns for
 candidates or ballot questions must be reported to the city clerk, in conformance
 with any applicable State law. The clerk must establish a searchable, online, and
 publicly-accessible database of all information included in all registrations and
 campaign finance reports filed with the clerk.




{P2014358.1}



 Page 59
 MAILING ADDRESS:
 PO BOX 426
 PORTLAND, ME 04112
 TEL 207.774.2635
 FAX 207-871-8026

 PHYSICAL ADDRESS:
 ONE CANAL PLAZA
 PORTLAND, ME 04101

 www.perkinsthompson.com




 MEMORANDUM

TO: Portland Charter Commission

FROM: Jim. Katsiaficas

DATE: April 22, 2022

RE: Campaign Contributions and Expenditures


The Elections Committee has offered a Clean Elections proposal that directs the City Council to
prepare and enact a Public Campaign Financing mechanism (Section 12), and also contains
Campaign Finance Rules for All Candidates (Section 13) which applies to all candidates, even if a
candidate does not choose public campaign financing.

The question I raised at the March 23, 2022 Charter Commission meeting is whether the proposed
prohibition on business entity contributions included as Section 13 A is prohibited by State or
federal law or constitution. To place the question in context, Section 13 is part of the Elections
Committee “Clean Elections Proposal,” but is not actually part of the proposed “Clean Elections”
public financing option. It instead is a separate campaign finance proposal that would apply to all
candidates for municipal office, regardless whether they choose to participate in the proposed public
financing of the campaign (the “clean elections” option).

I approached the analysis without appreciating the distinction between corporate expenditures in
support of a candidate and corporate contributions in support of a candidate, and applied the case
law on the former to the latter. After researching the question further, I now recognize that under
federal law, there is a distinction between campaign contributions and expenditures. However,
while federal statute (2 U.S.C. §441b) has prohibited direct contribution by corporations to
candidates for federal office since 1907, that statute does not apply to state and local elections. That
statute also contains an exception to permit corporate contributions to a separate segregated fund
(SSF) to finance political action committees (2 U.S.C. §441b(b)(2)).

Maine regulates State and municipal election campaigns, contributions and expenditures under the
Campaign Reports and Finances provisions of State law (21-A M.R.S. §§1001-1020-A). Those

{P2003585.2} 1


 Page 60
April 22, 2022
statutes currently permit business entities to contribute to candidates, subject to dollar limits similar
to those that apply to contributions by individuals. 21-A M.R.S. §1015(1) and (2). In addition,
Maine law currently considers a campaign expenditure made in cooperation and consultation with a
candidate (21-A M.R.S. §1015(5)) to be a campaign contribution, somewhat blurring the distinction
between contributions and expenditures.

Effective January 1, 2023, Maine will prohibit a business entity (a firm, partnership, corporation,
incorporated association, labor organization or other organization, whether organized as a for-profit
or nonprofit entity) “from making contributions to a candidate.” 21-A M.R.S. §1015(2-A) and (10).
This will apply to State and municipal elections. As under federal law, the new State campaign
finance law that will become effective in Maine on January 1, 2023 contains a limited exception to
the prohibition on corporation contributions – corporations may contribute to a “separate segregated
fund” (SSF) that the business entity itself establishes and only where those nonmonetary
contributions do not result in additional costs to the business entity. For example, the business entity
can let the SSF use office space, provided that such use doesn’t result in extra costs to the business
entity. Monetary contributions are still prohibited. This is in 21-A M.R.S. §§1015(2)(A) and 1056-
D(2).

Thus, under this analysis, as of January 1, 2023, a prohibition on business entity contributions to a
candidate for state or municipal office would not be prohibited by State or federal law or
constitution, and the Elections Committee proposal generally would follow State law. Adding the
exception to Section 13.A for SSFs to be consistent with State and federal laws would be helpful to
minimize the risk of legal challenge.

However, placing the Section 13 “Campaign Finance Rules for All Candidates” in the Charter
duplicates State law. Maine cities with populations of 15,000 or more already are governed by the
Campaign Reports and Finances provisions of State law, including the business entity contribution
prohibition and the candidate finance reporting requirements described above that will become
effective as of January 1, 2023, without having to place these provisions in the Charter. See 21-A
M.R.S. § 1011; 30-A M.R.S. § 2502. These Campaign Reports and Finances provisions of Maine
law apply to “any primary, general or special election for State or county office or municipal office
in any municipality” – in other words, to candidates in Portland municipal elections.

Therefore, since the imminent prohibition against corporate campaign contributions and the
campaign contribution reporting requirements already will apply to Portland municipal elections
under State law (21-A §§1011, 1015, 1017), Section 13 is redundant and (with the addition of the
SSF provisions) duplicates requirements that already will apply to candidates in Portland elections.
I have confirmed with Deputy Secretary of State Julie Flynn that these provisions will apply to
Portland elections. As to the database to be prepared by the City Clerk under Section 13.B, the City
Clerk informs me that this information already is filed with the City Clerk as required by Section
1017(3-A) and (5), and that when uploaded by the candidate, is then uploaded onto the City’s
website. In addition, adopting measures already in State law and applicable to Portland elections
risks the Charter becoming out of compliance if State law is further amended or if for some reason,
State law is struck down.




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April 22, 2022
For these reasons, I continue to recommend that Section 13 not be part of the proposed Clean
Election charter proposal -- not because its terms are prohibited by law, but because it duplicates
State law and is unnecessary. The added bar on contracts with corporate donors will be rendered
moot by the State bar on their contributions; perhaps a bar on contracts with individual donors can
be added to the Code of Ethics or the purchasing ordinance.

I have raised these concerns with Commissioner Buxton, who is concerned that the State could
repeal the relevant provisions of the Campaign Reports and Finances State statute, and so wants to
Section 13 to remain in the Proposal. For this reason, I have prepared the Clean Election Proposal
in Charter Language that includes Section 13, and have added the SSF provision to ensure that it
tracks State law. The Commission can decide whether to retain or remove Section 13.




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Redistricting

Amend ARTICLE II. CITY COUNCIL, Section 1. City to be divided into election districts in the
second paragraph, as follows

For the purpose of all elections the city, including its islands, shall be divided into five (5) nine
(9) districts to establish compact and contiguous districts of approximately equal population.

Amend ARTICLE II. CITY COUNCIL, Section 2. Composition, election, tenure of office, as
follows:

The city council shall be composed of nine (9) twelve (12) members, including the mayor who
shall be one of the nine (9) members of the city council, and shall hold office for a term of three
(3) years and until their successors are elected and qualified, except as provided below for the
term of mayor and for four new districts one at large seat in the election of 2013 2023 only. Four
Three (43) members, including the mayor, shall be elected at large from and by the registered
voters of the entire city, and one (1) shall be elected from each of the five (5)nine (9) districts
heretofore provided for, from and by the registered voters of each district. References in this
charter to the city council, councilors, council, its members or membership, shall be deemed to
include the mayor, unless otherwise specifically provided.

For the municipal election in November of 20132023, one of the two at large seats up for
election shall have a one-time four year term ending in 2017. Thereafter, the council term shall
return to be three (3) years for this seat. The city clerk shall designate which seat shall be for the
four (4) year term prior to the availability of nomination papers for the 2013 election, and
nomination papers shall be separately issued for reach of the two at large seats. Each at large
candidate may take out and file nomination papers for only one of the at large seats. The
municipal ballot will list the 4-year and 3-year council seats as separate questions. one of the
new districts shall have a one-time one year term ending in 2024, two of the new districts shall
have a one time two year term ending in 2025, and one of the new districts shall be elected for
the standard three year term. Thereafter, the council term for all seats shall return to be three
(3) years for the respective seats. The city clerk shall designate which seats shall be for the one
(1) year term, two (2) year term, and (3) year term, and nomination papers shall be issued for
each seat.

All candidates must be residents of the city for a period of at least three (3) months prior to the
date on or before which nomination papers are to be filed. The candidate from each of the five
(5) nine (9) districts must be a resident of such district for a period of at least three (3) months
prior to the date on or before which the nomination papers are to be filed.

Beginning with the regular municipal election in November, 2011, the at large position then up
for election shall be designated as the mayor’s position and shall continue as the mayor’s
position thereafter. The position of mayor only shall be elected by majority vote as provided in
section 3 of this article. The candidate(s) for mayor shall be nominated in the same manner as
other at large members of the council. The term of mayor shall be four (4) years, with a
maximum limit of two


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consecutive terms. The election and position of mayor shall be a non-partisan, full-time position.
(Referenda 12/1/75; 6/13/78; 11/4/86; 11/3/87; 11/2/10; 11/6/12)

Amend ARTICLE II. CITY COUNCIL, Section 9. Special meetings, as follows:

Special meetings may be called by the mayor, and in case of his or her absence, disability, or
refusal, may be called by five (5)seven (7) or more members of the city council. At least twenty-
four (24) hours notice of the time and place of holding such special meeting shall be given to all
members of the city council. (Referendum 11/2/10)

Amend ARTICLE II. CITY COUNCIL, Section 10. Quorum, as follows:

Five (5)Seven (7) members of the city council shall constitute a quorum for the transaction of
business, but a smaller number may adjourn from time to time. At least twenty-four (24) hours
notice of the time and place of holding such adjourned meeting shall be given to all members
who were not present at the meeting from which adjournment was taken. (Referendum 11/2/10)

Amend ARTICLE II. CITY COUNCIL, Section 11. Procedure in the second and third
paragraphs, as follows:

No ordinance and no appropriation order or resolve shall be passed until it has been read on two
separate days, except when the requirement of a second reading on a separate day has been
dispensed with by the vote of at least seven (7)nine (9) members of the city council. The yeas
and nays shall be taken upon the passage of all ordinances and entered on the record of the
proceedings of the city council by the clerk. The yeas and nays shall be taken on the passage of
any order or resolve when called for by any member of the city council. Every ordinance, order,
and resolve shall require on final passage the affirmative vote of at least five (5)seven (7)
members of the city council. In the event of a tie vote, the chair of the city council shall cast the
deciding vote. No ordinance shall take effect until thirty (30) days after its passage and no order
or resolve shall take effect until ten (10) days after its passage, except as herein otherwise
provided for emergency ordinances, orders and resolves.

The city council may, by vote of at least seven (7)nine (9) of its members, pass emergency
ordinances, orders, or resolves to take effect at the time indicated therein, but such emergency
ordinances, orders, or resolves shall contain a section in which the emergency is set forth and
defined, provided, however, that the declaration of such emergency by the city council shall be
conclusive. (Referendum 11/2/10)




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Amend ARTICLE VIII., MISCELLANEOUS PROVISIONS, by adding a new Section 1-A, Ethics
Commission and Code of Ethics, as follows:

Section 1.-A Ethics Commission and Code of Ethics

Ethics Commission and Code of Ethics Ordinance. The city council shall enact and maintain
an ordinance that establishes an ethics commission and, with input from the ethics commission,
shall enact a code of ethics ordinance to be administered by the ethics commission. The ethics
commission shall provide impartial oversight and render decisions and advisory opinions to
ensure that standards of ethical conduct are observed by elected and appointed City officials and
City employees.

 (a) Ethics Commission Ordinance. The city council shall enact an ordinance directing it to
 create an ethics commission, appointed by the city council and consisting of seven (7)
 members who are residents of the City, serving for three (3) year terms, to undertake the
 following duties:

 i. Prepare and recommend a code of ethics ordinance to the city council for enactment
 as provided in subsection (b) below;
 ii. Review the ethics commission and code of ethics ordinances not less than once every
 three (3) years and make recommendations for any amendments to the city council;
 iii. Hear complaints and render written decisions with findings of fact regarding alleged
 violations of the City’s code of ethics ordinance, provided that complaints regarding
 City employees’ ongoing or prior alleged violations or misconduct shall be referred to
 the City for appropriate action under its personnel policies;
 iv. Hear and render advisory opinions regarding questions of prospective application of
 the City’s code of ethics ordinance;
 v. Hear and render advisory opinions regarding questions of compliance with the City
 charter;
 vi. Hear and render advisory opinions regarding adherence to council and board rules
 and procedures;
 vii. On receipt of requests from a majority of the city council or of any board or
 committee, procure a second legal opinion from outside legal counsel; and
 viii.Design and oversee program evaluations.

 Elected City officials, candidates for any City elected office, and their immediate family
 members are not eligible to be appointed as members of the ethics commission.

 The ethics commission shall meet as needed, but no less than annually.

 The ethics commission ordinance shall establish the process for filing, hearing and
 deciding complaints and for soliciting advisory opinions. Complaints may be filed by
 any official, employee, or resident of the city, by the accountability officer, or may be
 initiated by the ethics commission, in accordance with that process. Requests for
 advisory opinions may be filed by any official or employee of the city, in accordance
 with that process. Receipt of a complaint or request shall be acknowledged by the ethics


{P2015412.2} 1


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 commission. If the ethics commission finds any complaint filed with it to have been
 based upon allegations it determines to be frivolous, scurrilous, libelous, unsubstantiated,
 unfounded, of nuisance, or with malice, it may so determine and may dismiss the
 complaint without deciding the merits of the complaint.

 The ethics committee ordinance and complaint process shall protect the identity and
 rights of complainants, whistleblowers, and persons complained against in accordance
 with and as required by all State and federal laws, regulations, codes, municipal
 ordinances, and policies, including but not limited to the Maine Freedom of Access Act,
 the Maine Whistleblowers’ Act, and the City of Portland’s personnel policies. The ethics
 commission shall refer any complaint alleging corruption, fraud, or abuse of a criminal
 nature to the appropriate law enforcement agency.

 The ethics commission shall be an independent body, free from interference from any
 City elected and appointed officials and employees. The ethics commission may request
 funding from the city council for independent investigations, legal services, staffing, or
 other demands pertinent to its mission.

 (b) Code of Ethics. The city council shall, with the recommendation of the ethics
 commission, enact and maintain a code of ethics ordinance defining the code of ethical
 conduct for elected and appointed City officials and City employees. At a minimum, such
 code of ethics ordinance shall include and address:

 i. Standards of Conduct;
 ii. Conflicts of Interest;
 iii. Confidential Information; and
 iv. Disclosure Forms for City elected and appointed officials to complete and file with
 the city clerk and update as appropriate.

 (c) Appointment of Accountability Officer.
 The ethics commission may recommend that the city council appoint an accountability
 officer and fund that position. The accountability officer shall: serve as an ombudsperson
 to members of the public; provide City information to the public and officials to educate
 them about government accountability, integrity, and transparency; provide training for
 public officials on ethical matters; and undertake such other duties as may be requested
 by the ethics commission and authorized by the city council. The accountability officer
 may provide administrative support for the civilian police review board. The
 accountability officer also shall receive complaints from the public about alleged
 government waste, favoritism, mismanagement, and violations of the public trust; the
 accountability officer will refer matters that are within the scope of the ethics
 commission’s duties to the ethics commission, and vice versa.

 (d) Violations of the Code of Ethics.
 Violations of the code of ethics ordinance shall be addressed as set out in that ordinance,
 provided, however, that any city councilor or mayor found by the ethics commission to



{P2015412.2} 2


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 be in violation of or to have violated the ethics code may be reprimanded or censured by
 the city council.




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 Ethics Commission Proposal
 Introduction and Summary




Introduction:
Ethics boards, ordinances and charter amendments can be found in municipalities across the
State of Maine and across the country. They provide guidelines for city officials to execute their
duties in an ethical and forthright manner. This Proposal brings Portland up to speed with other
municipalities across the state that have similar provisions.

What does this Proposal do?
  ● Requires the Portland City Council to form an Ethics Commission (EC).
  ● Requires the City Council to adopt a Code of Ethical Conduct ordinance as recommended
 by the EC.
  ● Instills discretionary power of the EC to render advisory opinions on a number of matters
 of City business.
  ● Requires training to City officials on standards of ethical conduct.
  ● Allows the City to hire an Accountability Officer to provide education and guidance and
 to serve as an independent ombudsperson. The Accountability Officer may also look at
 administrative processes (“red tape”) and provide trainings to City boards, commissions
 and committees on ethical conduct. (See chart below on the differences between the
 Accountability Officer and the Ethics Commission).

Why are the Ethics Commission and Code of Ethical Conduct Ordinance needed?
Currently, Portland does not have an ethics board, a written code of ethics, nor requirements of
written disclosures of conflicts. While the existence of such instruments may not in and of
themselves prevent a bad actor from seeking pecuniary gain or to otherwise use or abuse their
power or position; it does provide standards and a process for which such matters may be
addressed. Additionally, while incidences of waste, fraud, abuse, and corruption are relatively
rare in most municipal governments; the most common breaches of ethical standards include
improper sharing of information, improper gifts, and indecent treatment of colleagues. (Siewert
& Udani). Finally, a Code of Ethics serves no purpose if it just sits in a drawer, it should be a
living document. The existence of the Ethics Commission and the Accountability Officer will
ensure the utility of the Code and supervise training of City officials to make certain that the
standards are understood.

State law (30-A M.R.S. §2605) governs Portland’s officials (elected and appointed) in matters of
conflicts of interest. It requires that where elected and appointed officials directly or indirectly


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own at least a 10% interest in the business entity before them in the matter of a question or
contract, they must disclose their financial interest in the matter before them and abstain from
voting upon the matter. The law also limits or prohibits the ability of former City or School
Department officials from acting in a proceeding for another party in which they had a role on
behalf of the City or School Department, and directs that every municipal official “shall attempt
to avoid the appearance of a conflict of interest by disclosure or abstention.”

Portland’s Charter currently provides that no City Councilor (including the Mayor), School
Board member, or City officer or employee of the City or School Department shall have a direct
or indirect substantial financial interest in any contract entered into by or on behalf of the City or
the School Board, except for his or her own employment contract and contracts entered into in
the course of his or her employment with the City or School Department. It also prohibits these
persons from purchasing or accepting anything from the City or School Department unless these
also are offered to the public under the same terms and procedures that apply to the public, and
from accepting or receiving any free pass, ticket, or free service from any person or entity acting
under a contract or license from the City or School Department.

Portland’s non-union employee Personnel Policy generally applies the State conflict of interest
law and the Charter prohibition on direct or indirect substantial financial interest and on gifts to
City employees:

 “In addition to adhering to general standards of conduct for employees of any organization,
 public employees are expected to treat everyone they serve with complete impartiality and
 are prohibited from using their official position for personal profit or the profit of friends
 and family. Employees must comply with the conflict of interest standards of State law 30-
 A M.R.S.A. Sec. 2605.”

However, unlike Maine cities such as Bangor and Waterville, Portland has no generally applicable
ordinance that establishes of standards of conduct for its elected and appointed officials and
department heads. This Proposal provides the framework for both a Code of Ethical Conduct
ordinance and an Ethics Commission to administer it.

This Proposal is not intended to imply that City officials currently act unethically. Rather, it is a
provision that ensures our City maintains a code of ethical conduct for officials that will build
public trust and ensure Portland government has high ethical standards. This Proposal is a product
of public comment, campaign discussions and research by Commission members.

Other Purposes:
 ● Encourage proper use of office
 ● Compliance with advisory opinions



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 ● Mitigate instances of personal gain, political favors, political solicitation, and favoritism.
 ● Protect against the “revolving door” of City officials, consultants, and contractors.

General Reasoning for an Ethics Commission:
 ● Protect whistleblowers.
 ● Fight and discourage corruption, waste, fraud, abuse, and favoritism from both elected
 and unelected individuals.
 ● Increase transparency and accountability in municipal government.
 ● Be a safe, independent place to send complaints and concerns regarding ethical conduct.
 ● Creates an ethics mission and code for the City of Portland.
 ● Cost effective, productive ethical conduct oversight that has proven to work elsewhere in
 Maine.
 ● To bring more voices to the table and the community oriented decisions on what ethical
 conduct is, rather than one individual.
 ● Build public trust in municipal government




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Differences in Roles of Ethics Commission & Accountability officer
While the Ethics Commission considers actions and behaviors of officials that may not rise to the
level of illegality but are still wrong (such as being visibly drunk at a public meeting); the role of
the Accountability Officer role is to resolve disputes, help streamline bureaucratic procedures,
and provide training for city officials.


 Ethics Commission Accountability Officer
  Gives advisory opinions on behaviors that Resolves disputes & cuts red tape
 may be wrong but not illegal

 Sharing of information that should not be Help avoid lawsuits and unneeded
 shared. controversy.

 Gifts (large and small) Complaints against city staff from members of
 the public/red tape and overly-rigid adherence
 to administrative procedures concerning
 trivial matters.
 Make recommendations to staff when a
 process has gone off the rails.

 Disrespectful behavior toward colleagues Provide training for public officials on ethical
 matters.

 Putting forth bad faith arguments in favor of a 2nd opinions on legal matters/avoid lawsuits
 policy.

 “Bad faith” gathering of public input, for Recognize when regulatory requirements are
 example scheduling meetings at the least poorly communicated, improve public
 convenient time for most stakeholders, and understanding of why regulations are in force
 deliberately poorly advertising opportunities
 Address situations when regulations are being
 for public input.
 poorly or selectively enforced, either by
 calling on policy makers to update the
 Withholding information critical to the
 regulations or by updating administrative
 deliberation of a policy.
 procedures for more judicious enforcement

 Quid pro quo deals that do not rise to the level Implementation of policy that is not being
 of actual bribes, but confer some kind of implemented
 private benefit to the official or allies. These
 are distinct from the normal legislative deal
 Help standardize procedures against
 making process.
 unyielding bureaucratic norms




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Proportional Ranked Choice Voting Proposal

Amend ARTICLE II. City Council, Section 3. Ranked choice voting; instant runoff to add Section
3(f) as follows:


(f) For elections conducted by ranked choice voting where more than one person is to be elected
to a single office (i.e., a multiple seat election), the winners shall be determined by a proportional
method of ranked choice voting. Such method shall provide for candidates to be elected on the
basis of thresholds determined by the number of seats to be filled plus one, ballots to be counted
in rounds, votes to be transferred from defeated candidates, and for votes, in fractions or in
whole, in excess of the threshold to be transferred from elected candidates. The City Council
shall by ordinance establish such a proportional ranked choice voting system.




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Amend ARTICLE IV., ELECTIONS, by amending Section 11, State election laws applicable, and
adding Section 11-A, Municipal voter qualifications, as follows:


Section 11. State election laws applicable.

 The laws of the state in Title 21-A of the Revised Statutes
relating to the qualifications of electors, registration, the
manner of voting, the duties of election officials, and all other
particulars in respect to preparation for conducting and managing
elections, so far as they may be applicable, shall govern all
municipal elections in the City of Portland, except as provided
below regarding 42-day pre-election reports, municipal voter
qualifications under Section 11-A, and as otherwise provided
herein.

 In addition to the reports required for municipal
candidates by Title 21-A of the Maine Revised Statutes, 42-day
pre-election reports must be filed by municipal candidates no
later than 11:59 p.m. on the 42nd day before the date on which a
general election is held and must be complete as of the 49th day
before that date.

 Nothing in this charter shall prohibit the use of
electronic or revised voting methods and procedures to the
extent authorized by state and/or federal law. (Referenda
11/4/08; 11/6/2018)

Section 11-A. Municipal voter qualifications.

 The right of all persons, regardless of United States
citizenship status, who are of legal voting age, as determined
under 21-A M.R.S. § 111(2), and are residents of Portland, as
determined under 21-A M.R.S. § 112, to vote in municipal
elections and on municipal initiatives is established.
Hereinafter, “municipal voter” shall refer to any person who, on
the date of the election, (1) is a resident of Portland; (2) is
of legal voting age; (3) meets all qualifications for
registering or pre-registering to vote under 21-A M.R.S. § 111,
except for possessing United States citizenship; (4) and has
registered to vote in municipal elections in Portland under this
Section.

 To ensure and protect the right of municipal voters to vote
in municipal elections and on municipal initiatives, the city
council shall by ordinance implement a municipal voter protocol
that must comply with the following:


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 (a) Registration forms.
 i. Registration forms for municipal voters shall
 be distinct from registration forms for state
 and federal elections and shall state that
 municipal voters will be registered for
 municipal elections only and are not qualified
 to vote in state or federal elections;
 ii. Registration forms for municipal voters shall
 not include questions regarding immigration or
 citizenship status and no inquiry shall be made
 as to the immigration status of a potential
 municipal voter or municipal voter;
 iii. Registration forms for municipal voters shall
 be translated in a manner consistent with
 translations of the statewide registration
 forms;
 iv. Registration forms for municipal voters shall
 include the following notice: “IMPORTANT NOTICE
 FOR NON-UNITED STATES CITIZENS. Any information
 you provide on this municipal voter
 registration form, including your name and
 address, may be obtained by Immigration and
 Customs Enforcement (ICE) and other agencies,
 organizations, and individuals. Additionally,
 if you apply for naturalization, you will be
 asked whether you have ever registered or voted
 in a federal, state, or local election in the
 United States and, if you have, you will have
 to provide an explanation. It is advisable that
 you consult with an immigration attorney or an
 organization that protects immigrant rights
 before providing any information on this form
 and before registering as a municipal voter.
 You can find information on how to contact
 local immigration attorneys and organizations
 that protect immigrant rights at
 portlandmaine.gov.”
 (b) Public education regarding municipal registration and
 voting. Public education efforts shall be undertaken
 in multiple languages to advise Portland residents
 about municipal voter registration and the risks
 involved in participating in municipal elections as a
 municipal voter. Portland residents shall have access
 to written information regarding registering as
 municipal voters. Such information shall be translated
 into all of the languages listed on the Portland


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 Public Schools list of home languages, updated
 annually, and shall be made available in multiple
 formats, including without limitation, on a dedicated
 page on the City of Portland’s website and in printed
 form at the city clerk’s office. At a minimum, the
 following information must be included:
 i. Municipal voters are eligible to vote in
 municipal elections only, and are not eligible
 to vote in state or federal elections;
 ii. Under federal immigration law, there are severe
 consequences for persons who are not United
 States citizens and who vote in state and/or
 federal elections. These consequences include
 denial of permanent residency or naturalization
 to U.S. citizenship, inadmissibility, and
 deportation;
 iii. Upon request by the registered municipal voter
 or formerly-registered municipal voter, the
 City will provide such individual with a
 written confirmation of the dates during which
 the individual was registered as a municipal
 voter and an explanation of the municipal
 voter’s rights and privileges afforded under
 this Section;
 iv. Before registering as a municipal voter, it is
 advisable to consult with an immigration lawyer
 or an organization that protects the rights of
 immigrants;
 v. Information regarding how to find immigration
 attorneys and organizations that protect the
 rights of immigrants;
 vi. The City cannot guarantee that municipal voter
 registration rolls will not become public or be
 accessed by federal immigration officials or
 other agencies or individuals.
 (c) Municipal voters shall be identified on the City’s
 voter registration rolls, however lists of municipal
 voters shall not be published, distributed, or
 otherwise provided to the public or any governmental
 agency separately from a complete voter registration
 list of all voters qualified to vote in a municipal
 election in Portland;
 (d) Procedures shall be established to safeguard against
 municipal voters receiving state and federal ballots,
 including the production of separate ballots, clearly
 marked as “Municipal Ballot”, to be distributed to
 municipal voters whenever a municipal election occurs


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 on the same date and in the same district as an
 election in which a municipal voter is not eligible to
 vote;
 (e) Training shall be provided to election officials
 regarding, at a minimum, municipal voter registration,
 qualifications, and eligibility to vote in municipal
 elections only;
 (f) Upon request by the registered municipal voter or
 formerly-registered municipal voter, the City will
 provide such individual with a written confirmation of
 the dates during which the individual was registered
 as a municipal voter and an explanation of the
 municipal voter’s rights and privileges afforded under
 this Section;
 (g) Procedures shall be established to facilitate
 meaningful review at pre-determined intervals by local
 advocacy groups, community associations, and
 immigration attorneys to determine whether the City
 needs to revise the municipal voter protocols;
 (h) The City shall maintain on its website contact
 information of local immigration attorneys and
 organizations that protect immigrant rights that are
 able to provide potential municipal voters with
 information regarding their rights and the
 consequences of registering to vote and voting as a
 municipal voter under this Section; and
 (i) Procedures shall be established to allow municipal
 voters to cancel their municipal voter registration,
 to change their address, and, whenever applicable, to
 change their municipal voter registration to reflect
 United States citizenship status and entitlement to
 vote in municipal, state, and federal elections.

 >




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 MEMORANDUM

TO: Portland Charter Commission

FROM: Jim Katsiaficas, Emily Arvizu

DATE: April 22, 2022

RE: Universal Resident Voting


 In a previous memorandum dated November 12, 2021, we detailed the legality under
Maine’s Constitution and the Maine Revised Statutes of a municipality adopting a charter
provision that provides for universal resident voting in municipal elections. This memorandum
approaches the legal issues of implementing such a provision with an eye toward consequences
for municipal voters.1

Background on Immigration Law regarding Voting

 Before addressing potential consequences, we will provide some context regarding
immigration law. The Immigration and Nationality Act (the “INA”) governs United States
immigration law and under the INA, “[a]ny alien2 who has voted in violation of any Federal, State,
or local constitutional provision, statute, ordinance, or regulation is inadmissible.”3 The
consequences of inadmissibility are far-reaching. An individual deemed inadmissible is not
permitted to enter or remain in the United States and therefore may be subject to removal
proceedings and ultimately deported. Additionally, an individual deemed inadmissible would be
ineligible for permanent residence and citizenship.

 A finding of inadmissibility often arises in the context of applying for an immigration
benefit, such as citizenship. The Application for Naturalization, Form N-400, includes the
questions “Have you EVER registered to vote in any Federal, state, or local election in the United

1 Note that we use the term “municipal voter” as it has been defined under the Universal Resident Voting proposal:

“’[M]unicipal voter’ shall refer to any person who, on the date of the election, (1) is a resident of Portland; (2) is of
legal voting age; (3) meets all qualifications for registering or pre-registering to vote under 21-A M.R.S. § 111, except
for possessing United States citizenship; (4) and has registered to vote in municipal elections in Portland under this
Section.”
2 We will refer to any person who resides in the United States but is a not a United States citizen as a “noncitizen”.

The term “noncitizen” refers to persons of varying status in the United States, including without limitation, asylees,
refugees, permanent residents, and undocumented individuals. We recognize the stigmatization of immigrants that
accompanies use of the term “alien” and use it only when directly quoting the INA.
3 8 U.S.C.A. § 1182(a)(10)(D)(i).




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States?” and “Have you EVER voted in any Federal, state, or local election in the United States?”.
If an applicant responds yes, the applicant will need to provide an explanation.4

 Bearing this context in mind, there are two primary concerns: (1) the potential for
invalidation of the Universal Resident Voting Charter provision after municipal voters have
already registered and/or voted in a municipal election; and (2) the potential for municipal voters
inadvertently registering and/or voting in a state and/or federal election.

Risk to Noncitizen Municipal Voters Following Invalidation of the Charter Provision

 The first concern relates to issues we have highlighted in our previous memorandum. The
issue of whether a municipality has home rule authority to amend or revise its charter to permit
universal resident voting by noncitizens in municipal elections remains unresolved. In 2021, the
Office of the Maine Attorney General and the Maine Municipal Association expressed their
position that a bill proposing a constitutional amendment to limit the right to vote in municipal
elections to U.S. citizens was unnecessary because State law already limited voting in municipal
elections to citizens. Without clear authority on the constitutionality of a universal resident voting
charter provision, the provision could face legal challenge and it is impossible to state definitively
how Maine courts would rule.

 Should the provision be challenged and ultimately found invalid under State law, there
could be unintended consequences for noncitizens who registered and/or voted in a municipal
election prior to its challenge. As stated above, noncitizens are deemed inadmissible if they have
voted in any election in violation of any state constitution or statute. A noncitizen could make the
argument that, at the time of the election, the noncitizen was authorized to vote pursuant to the
Charter provision, but this presupposes that the noncitizen understands the question on the
citizenship application form and can articulate the argument for why he or she voted. To
successfully argue this point, a noncitizen would likely need the assistance of an immigration
attorney5 and the need for immigration attorneys in Portland currently far exceeds their
availability.

 The resulting risks of the Charter provision being invalidated are not limited to just the
invalidation of the election results and the administrative difficulties that follow for the
municipality; the risks extend to the noncitizen voters themselves and could create nuanced issues
that require skilled immigration legal assistance.

Necessary Safeguards to Ensure Noncitizens Do Not Vote in State or Federal Elections

 Assuming the Charter provision is valid under State law and the State Constitution, the
second concern is ensuring that noncitizen municipal voters do not vote in state or federal elections.
With this concern in mind, we have drafted the proposal to include a number of safeguards that

4 For this reason, we have drafted a provision requiring that, upon request by the noncitizen voter, the City provide

the voter with written confirmation of the dates during which the voter was registered as a municipal voter and an
explanation of the municipal voter’s rights and privileges under the Charter provision.
5 It should be noted that in the context of removal proceedings, a noncitizen does not have any constitutional right to

an attorney and the majority of noncitizens proceed without representation.


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must be developed and implemented by ordinance. These safeguards include: (1) public education
to inform the public of the right to vote in municipal elections and the risks of doing so; (2) the
creation of municipal voter registration forms that are distinct from state and federal voter
registrations and that include a notice to noncitizen voters; (3) the creation of separate municipal
ballots whenever a municipal election occurs on the same day as a state or federal election; (4)
training for election officials to ensure they are aware of municipal voter rights and noncitizen
ineligibility to vote in state and federal elections; and (5) periodic review of municipal voter
protocols to determine if revisions are needed.

Other Considerations

 These concerns must also be balanced against the overarching concern of information
regarding immigration or citizenship status becoming available to the public and/or Immigration
and Customs Enforcement (ICE) or other federal immigration agencies. To mitigate these risks,
we have drafted into the proposal limitations on collecting information regarding immigration or
citizenship status. This is for two reasons. First, the proposal specifically does not limit the right
to vote in municipal elections to those of certain immigration statuses and therefore the collection
of such information is unnecessary. There is no need for election officials or municipal voters
themselves to determine or verify immigration status, a task that can prove difficult even for skilled
immigration attorneys. Second, by limiting the collection of information on voters’ immigration
status, there is less risk that such information would become available to the public or ICE. That
being said, municipal voters must be notified that the City cannot guarantee that information will
not become public or accessible by federal immigration officials.

 Conclusion

 The field of immigration law is incredibly complex and nuanced and requires careful
attention to detail. A singular misstep can result in deportation. With this in mind, we have drafted
the proposal with input from Beth Stickney, Esq. co-founder of the Immigrant Legal Advocacy
Project and currently an immigration law and policy consultant, but the Commission may wish to
also seek further input from other local immigration attorneys and organizations that protect
immigrant rights.




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 Page 79

City of Portland
 Charter Commission
 Meeting Minutes
 April 27, 2022
1. Call to Order. Chair Kebede called the meeting to order at 6:13 p.m.

Present were: Chair Kebede; Commissioners Barowitz, Buxton, Chann, Eglinton (joined 6:30),
Houston, Lizanecz, O’Brien, Sheikh-Yousef, Stewart-Bouley, Washburn (joined 6:57), Waxman.

2. Review and Approval of Minutes. On motion by Commissioner Lizanecz, seconded by
Commissioner Sheikh-Yousef, the Commission voted to approve the draft meeting minutes of
April 20, 2022 by unanimous roll call vote of 10 to 0 (Eglinton, Washburn absent).

3. Ratification of Final Language for School Budget Process from Education
 Committee

Description: Commissioners will deliberate and vote to approval final language for this proposal.

Relevant document(s):

 a. Proposal for school budget process

Commissioner O’Brien expressed his concerns that this is likely to lead to a costly lawsuit and
that there are other ways to address this, such as clarifying or amending State law.

On Motion of Commissioner Houston, seconded by Commissioner Lizanecz, the Commission
voted by roll call vote of 8 (Kebede; Barowitz, Buxton, Chann, Houston, Lizanecz, Sheikh-
Yousef, Stewart-Bouley) to 2 (O’Brien, Waxman ) (Eglinton, Washburn absent) to ratify the
final language to include in the Preliminary Report.

4. Ratification of final language for Capital Improvement Program Process Proposal
 from Education Committee

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Proposal for capital improvement program process

On Motion of Commissioner Houston, seconded by Commissioner Lizanecz, the Commission
voted by roll call vote 10 to 0 (Eglinton, Washburn absent to ratify the final language to include
in the Preliminary Report.


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5. Deliberation and Vote on final language for Mayor’s Economic Development
 Leadership Amendment

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Mayor’s Economic Development Leadership Amendment

Commissioner O’Brien presented the proposal to allow mayor to work with City staff on large
economic development proposals.

Commissioner Buxton asked if public comment was needed before final ratification of this
language. Chair Kebede regarded this as an amendment to the Governance Model.

Commissioner Chann thought the proposal was too specific - why not include other tasks the
mayor can do? Commissioner Waxman stated she won’t be supporting it because this power
already exists. Chair Kebede was comforted by statement of this authority of mayor.

On Motion of Commissioner Barowitz, seconded by Commissioner O’Brien, the Commission
voted by roll call vote 7 (Houston, O’Brien, Barowitz, Lizanecz, Buxton, Sheikh-Yousef,
Kebede) to 4 (Chann, Waxman, Eglinton, Stewart-Bouley) (Washburn absent) to include the
language in the Preliminary Report as an amendment to the Governance proposal.

6. Ratification of Final Language for Governance Model

Description: Commissioners will deliberate and vote to approve final language for this proposal.
Relevant document(s):

 a. Governance Model in charter language from Perkins Thompson

Main Motion. Commissioner Houston made a motion, seconded by Commissioner Sheikh-
Yousef, to approve the Governance Model proposal language to and include it in the Preliminary
Report.

Amendment. Commissioner Lizanecz moved to amend the motion to add language with regard
to the mayor’s powers, seconded by Commissioner O’Brien. The proposed language read:

 The mayor shall not interfere with the daily operations of the City.

 The mayor shall not independently direct department heads, the COO, or their
 subordinates.

Commissioner Buxton was concerned about the breadth of this language; Commissioner
Barowitz shared this concern. Chair Kebede understand wanting to avoid a meddlesome mayor,
but worry about language, and suggested adding “unless authorized to do so by City Council.”

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Commissioner Lizanecz was concerned about this potential Council loophole. He also
suggested adoption of this language as a concept to be mentioned in Preliminary Report and
anchored later.

On a roll call vote of the Commission, the amendment failed by vote of 4 in favor (O’Brien,
Houston, Lizanecz, Kebede) and 7 opposed (Barowitz, Waxman, Sheikh-Yousef, Washburn,
Stewart-Bouley, Buxton, Eglinton) with one abstention (Chann).

Amendment. Commissioner Buxton proposed an amendment for the City Council to elect a
council president and vice-president to serve with mayor as Executive Committee, seconded by
Commissioner Washburn.

Attorney Katsiaficas made a note to fix language in Section (e) that the Commission previously
had agreed to – the mayor’s duties include to set agendas and preside over council meetings, but
not to be a member of the Council.

Commissioner Barowitz noted that Jeff Levine thought it a poor idea to blend the executive
mayor and City Council. Commissioner O’Brien observed that he didn’t want a council president
at loggerheads with mayor, and so couldn’t favor this amendment. Chair Kebede favored a clear
separation of powers. Commissioner O’Brien noted that the mayor’s role under the proposal is
not to seek a result but to run a process – that he doesn’t want to create a second position of
power in City government.

On a roll call vote of the Commission, the amendment failed by vote of 6 in favor (Buxton,
Barowitz, Houston, Washburn, Kebede, Sheikh-Yousef) and 6 opposed (O’Brien, Lizanecz,
Chann, Waxman, Stewart-Bouley, Eglinton)

Amendment. Commissioner O’Brien moved to amend the Mayor, Article I, Section 2 language
to make the division of mayor/council authority less divisive than it appear to be in the
Westbrook charter language that was used as a model, seconded by Commissioner Lizanecz.

Chair Kebede agreed the amendment is better language because the Westbrook mayor has
hiring/firing authority, and the Portland mayor would not. Commissioner Barowitz asked to
change “supervision” to “oversight” as a friendly amendment, which was accepted.

On a roll call vote of the Commission, the amendment passed by vote of 8 in favor (Barowitz,
Lizanecz, Buxton, Houston, Sheikh-Yousef, O’Brien, Washburn, Kebede) and 4 opposed
(Chann, Waxman, Stewart-Bouley, Eglinton)

Amendment. Commissioner Chann moved to amend the proposal amendment to among other
matters: remove executive/legislative” language in Article I, Section 2; move mayor back to
Council as Chair; restore City Manager; Mayor to work with City Manager on budget and CIP; .
remove executive committee since mayor would be on Council; clarify Council-staff
communications; and place department heads back under City Manager subject to Council
confirmation, seconded by Commissioner O’Brien. Commissioner shared his written draft
amendment by email.

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Commissioner Washburn asked why this was necessary. Commissioner Chann responded that
this amendment would assure more than six people would support the Governance proposal,
which would give mayor more authority and would break down firewalls and is in keeping with
existing charter language.

Commissioner O’Brien stated this was the first time he’d seen the amendment and that he was
inclined to support it. He said it was consistent with guidelines of the governance committee
proposal – that Commissioner Chann had pulled much of this from the s from governance
committee.

Commissioner Buxton noted the desire to have a mayor run on a policy agenda, but the mayor’s
policy options are limited in and left to the Council as reflected in sections (3)(a) and (b) and (f)
also remains – implementation of city policies.

Commissioner Sheikh-Yousef asked why the amendment eliminated the executive committee.
Commissioner Chann responded that the mayor would be the parliamentarian – the executive
committee is not needed if don’t have to keep mayor or council in loop through executive
committee. Mayor would be in addition to the 9 to 12 Councilors. Commissioner Lizanecz
thought this was something City can get behind – it moves the needle.

Commissioner Buxton stated she won’t support this and had discomfort with this as a different
proposal that doesn’t fit with the Governance Proposal before them that it was a new proposal
offered as an amendment to the proposal. Chair Kebede thought a wholesale change could be
offered this way. Commissioner Barowitz had the same concerns as Commissioner Buxton --
This is a complex amendment that reverting to current system with a few minor enhancements to
mayor’s role.

On a roll call vote of the Commission, the amendment failed by vote of 6 in favor (O’Brien,
Stewart-Bouley, Waxman, Chann, Lizanecz, Eglinton) and 6 opposed (Houston, Barowitz,
Buxton, Washburn, Kebede, Sheikh-Yousef).

Motion to table was made by Commissioner O’Brien, seconded by Commissioner Lizanecz;
motion retracted. Commissioner Lizanecz asked if further possible changes could be brought
forward during May and June Commission meetings, and this was agreed to – proposed changes
could be made by amendments.

Main motion. On a roll call vote of the Commission, the main motion to include this Governance
Model proposal in the Preliminary Report and to ratify the final language to include in the
Preliminary Report passed by vote of 8 in favor (to include this governance proposal in
Preliminary Report in favor of ratification of the final language to include in the Preliminary
Report.) and 4 opposed (Chann, Waxman, Stewart-Bouley, Eglinton).

7. Ratification of Final Language for Peaks Island Council Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

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Relevant document(s):

 a. Final language for Peaks Island Council proposal

Commissioner Stewart-Bouley noted that while she is an Island resident, she was not a part of
this proposal nor was she approached on it, but that she supports it.

On Motion of Commissioner Washburn, seconded by Commissioner O’Brien, the Commission
voted by unanimous roll call vote 12 to 0 to ratify the final language to include in the Preliminary
Report.

8. Ratification of Final Language for Clean Elections Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Clean Elections proposal
 b. Perkins Thompson memorandum

Attorney Katsiaficas provided explanation of language and question of whether necessary to
include Section 13 since it duplicates State law provisions that apply to Portland municipal
elections.

Commissioner Buxton stated that although the Section 13 language duplicates State law, it is
important to have it in the Charter in case State law is changed or overturned.

On Motion of Commissioner Washburn, seconded by Commissioner Waxman, the Commission
voted by unanimous roll call vote 11 to 0 (Eglinton absent) to ratify the final language to include
in the Preliminary Report

9. Ratification of Final Language for Redistricting Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Redistricting Proposal

Motion by Commissioner O’Brien, seconded by Commissioner Barowitz, to ratify the final
language to include in the Preliminary Report.

Commissioner Houston asked whether there should be 12 councilors, or 13 to avoid ties.




 {P2016079.1} 5
Commissioner Sheikh-Yousef moved to amend to enlarge the number of districts for City
Council from 9 to 12, seconded by Washburn; after discussion, motion to amend was withdrawn.

Commissioner O’Brien moved to amend the motion to provide one School Board member from
each district and no at-large seats, for a total of 9 seats. Commissioner Buxton seconded the
motion, observing that the School Board feels it would be unwieldy at 12 seats. Amendment
passed by vote of 9 to 2 (Waxman, Stewart-Bouley; Eglinton absent)

Motion to amend by Commissioner O’Brien so that expanded council votes by majority of
councilors present and voting so long as a quorum (7) is present, seconded by Commissioner
Buxton. Motion approved by a vote of 10 to 1(Washburn; Eglinton absent)

Main motion as amended passes by vote of 10 to 1 (Waxman; Eglinton absent).

10. Ratification of final language for Ethics Proposals

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Ethics Commission/Code of Ethics Proposals
 b. Ethics Commission Introduction and Summary

Commissioner Barowitz moved to ratify the final language to include in the Preliminary Report,
seconded by Commissioner Washburn.

Commissioner Barowitz offered a friendly amendment tohis own motion to replace “and” with
“or” in place of “and” in the sixth line of (c).

The motion passed by unanimous roll call vote of the Commission, 11 to 0 (Eglinton absent).

11. Ratification of final language for Proportional Ranked Choice Voting Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Proportional Ranked Choice Voting Proposal

Commissioner Chann noted that the language was obtained from the ranked choice voting
(RCV) expert. It allows for proportional RCV in a multi-seat municipal election instead of using
multipass RCV to fill each seat individually, with its 50% requirement.

Commissioner Washburn moved to approve with a change from “shall” to “may” in the second
line, seconded by Commissioner Buxton.



 {P2016079.1} 6
Commissioner Barowitz offered a friendly amendment to delete second sentence from the
proposal. amendment. Commissioner O’Brien was opposed to this, believing the election rules
should be solidified and can be changed by referendum; Commissioner Chann agreed that the
choice of vote counting method shouldn’t be at discretion of Clerk and Council.

The amendment failed by roll call vote of 5 in favor (Barowitz, Washburn, Lizanecz, Sheikh-
Yousef, Kebede) and 6 against (O’Brien, Chann, Waxman, Buxton, Houston, Stewart-Bouley)
(Eglinton absent).

On the motion, the Commission voted by roll call vote of 9 in favor (O’Brien, Chann, Waxman,
Washburn, Lizanecz, Buxton, Houston, Stewart-Bouley, Kebede) and 2 against (Barowitz;
Sheikh-Yousef) (Eglinton absent) to ratify the final language to include in the Preliminary
Report.

12. Ratification of final language for Universal Resident Voting Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Universal Resident Voting Proposal
 b. Perkins Thompson memorandum

Commissioner O’Brien stated that he supports this proposal deeply as a matter of justice, but that
he is not willing to put these people at risk given the legal uncertainty of this proposal Chair
Kebede responded that there will be time for a legal opinion May/June, and in the meantime, he
supported including this proposal in the Preliminary Report.

On Motion of Commissioner Washburn, seconded by Commissioner Lizanecz, the Commission
voted by roll call vote of 8 in favor (Chann, Barowitz, Washburn, Lizanecz, Sheikh-Yousef,
Kebede, Buxton, Houston) to 3 against (O’Brien, Waxman, Stewart-Bouley) (Eglinton absent)
to ratify the final language to include in the Preliminary Report.

13. Ratification of final language for Vacancies Proposal

Description: Commissioners will deliberate and vote to approve final language for this proposal.

Relevant document(s):

 a. Final language for Vacancies Proposal

On Motion of Commissioner Chann, seconded by Commissioner Waxman, the Commission
voted unanimously by roll call vote 11 to 0 (Eglinton absent) to ratify the final language to
include in the Preliminary Report.

14. New Business

 {P2016079.1} 7
 a. Reconsideration. Commissioner Lizanecz moved for reconsideration of Governance
Proposal vote, seconded by Chann; Commission voted by roll call vote of 7 in favor (O’Brien,
Chann, Lizanecz, Waxman, Stewart-Bouley, Sheikh-Yousef, Buxton) and 4 against (Barowitz,
Washburn, Houston, Kebede) (Eglinton absent) to reconsider the Governance Proposal vote. e

Discussion on how to proceed followed, with some Commissioners considering a tabling motion
to a Wednesday May 4 meeting for preparation and circulation of amendments, and others not
aware this was part of the motion to reconsider.

On motion by Commissioner Washburn, seconded by Commissioner Sheikh-Yousef, to
reconsider the reconsideration motion vote, the Commission by roll call vote voted unanimously
(11-0; Eglinton absent) to reconsider the reconsideration motion vote.

 b. Preliminary Report. Additional discussion followed regarding whether to direct Attorney
Katsiaficas to compile the ratified final language for all proposals and the Committee summaries
into the Preliminary Report and to submit that Preliminary Report to the City Council for May 9.
Executive Committee members would individually review the draft and send any revisions and
sign off on the draft to Attorney Katsiaficas, who then would send the draft to Commission
members for their individual review and sign off by the end of day Thursday, May 5, so that the
Preliminary Report can be submitted Friday, May 6. Consensus of Commissioners was to adopt
this approach.

 c. Cancel May 4, 2022 meeting. Commissioners discussed how the May 4 meeting would
be conducted since Chair Kebede would be away, Commissioner Eglinton would be late to the
meeting, and Commissioner Stewart-Bouley could start the meeting, but would have to leave
early. On motion by Commissioner Washburn, seconded by Commissioner Lizanecz, the
Commission by roll call vote voted unanimously (11-0; Eglinton absent) in light of the approach
agreed to in b. above to cancel the May 4, 2022 meeting.

15. Adjourn

On motion of Commissioner Washburn, seconded, the Commission voted unanimously (11-0;
Eglinton absent) to adjourn at 10:40 p.m.




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