An Act To Address Municipal Conflicts of Interest
Maine Legislature, Session 129, LD 1066
Committee: State and Local Government
Sponsors: SAMPSON, LIBBY, BRENNAN, CARNEY, DOLLOFF, FECTEAU, HARRINGTON, KINNEY, PICKETT
Amends: 30-A MRSA §2526, 30-A MRSA §2605-A, 30-A MRSA §2636

Legislative Document
No. 1066
H.P. 789
House of Representatives, March 5, 2019
An Act To Address Municipal Conflicts of Interest
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BRENNAN of Portland, CARNEY of Cape Elizabeth, DOLLOFF of 
Rumford, FECTEAU of Augusta, HARRINGTON of Sanford, KINNEY of Knox, McLEAN 
of Gorham, PICKETT of Dixfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §2526, sub-§8, as amended by PL 2009, c. 57, §1, is further 
amended to read:
8.  Treasurers and tax collectors.  Treasurers and tax collectors of towns may not 
simultaneously serve as municipal officers, code enforcement officers or as elected or 
appointed assessors until they have completed their duties and had a final settlement with 
the town.
A.  The same person may serve as treasurer and tax collector of a municipality.
B.  A town clerk performing the duties of either tax collector or treasurer may not 
simultaneously perform the duties of the code enforcement officer.
Sec. 2.  30-A MRSA §2605-A is enacted to read:
§2605-A.  Conflicts of interest; contracts for professional services
A person contracted to provide professional services to a municipality may not have a 
direct or indirect pecuniary interest in any benefit that may arise from the professional 
services provided to the municipality other than payment under the contract.  For 
purposes of this section, a person is deemed to have a pecuniary interest in any benefit 
that may arise from professional services provided to the municipality under a contract if 
the person has an ownership interest in more than 10% of the land area within the 
municipality.  For purposes of this section, "professional services" includes, but is not 
limited to, services provided by accountants, architects, attorneys, consultants and 
engineers.
Sec. 3.  30-A MRSA §2636, sub-§§13 and 14, as enacted by PL 1987, c. 737, 
Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 
and 10, are further amended to read:
13.  Assist residents.  Shall assist, insofar as possible, residents and taxpayers in 
discovering their lawful remedies in cases involving complaints of unfair vendor, 
administrative and governmental practices; and
14.  Remove appointments.  Has exclusive authority to remove for cause, after 
notice and hearing, all persons whom the manager is authorized to appoint and report all 
removals to the board of selectmen.; and
Sec. 4.  30-A MRSA §2636, sub-§15 is enacted to read:
15.  Training.  Shall implement a training program for municipal officers and 
employees responsible for negotiating, drafting, reviewing or executing written 
agreements for professional services.  The training program must include information on 
ethical standards applicable to individuals and entities providing professional services and 
the performance risks associated with contracting for professional services.  For purposes 
of this subsection, "professional services" includes, but is not limited to, services 
provided by accountants, architects, attorneys, consultants and engineers.
SUMMARY
This bill minimizes conflicts of interest in municipal government operations.  The bill 
precludes the municipal treasurer and tax collector, or town officer performing the duties 
of either, from simultaneously acting as the municipality's code enforcement officer.  The 
bill requires the town manager to implement a training program for municipal officers 
and employees on the ethical standards applicable to and the performance risks associated 
with hiring professional consultants.  The bill prohibits a person contracted to provide 
professional services to a municipality from having a direct or indirect pecuniary interest 
in the business of the municipality.