An Act To Update and Eliminate References in Statute to Aldermen, Selectmen and Overseers of the Poor
Maine Legislature, Session 130, LD 1522
Committee: State and Local Government
Sponsors: DOUDERA, GRAMLICH, GROHOSKI, RECKITT, CARNEY, MOORE
Amends: 1 MRSA §72, 5 MRSA §1742-B, 17 MRSA §2795, 17 MRSA §3205, 18-C MRSA §5, 21-A MRSA §1, 23 MRSA §2103, 23 MRSA §2701, 23 MRSA §2702, 23 MRSA §2751, 26 MRSA §935, 26 MRSA §1043, 28-A MRSA §2, 30-A MRSA §52, 30-A MRSA §722, 30-A MRSA §822, 30-A MRSA §852, 30-A MRSA §892, 30-A MRSA §1605, 30-A MRSA §2001, 30-A MRSA §2521, 30-A MRSA §2524, 30-A MRSA §2525, 30-A MRSA §2526, 30-A MRSA §2528, 30-A MRSA §2552, 30-A MRSA §2602, 30-A MRSA §2631, 30-A MRSA §2632, 30-A MRSA §2633, 30-A MRSA §2634, 30-A MRSA §2635, 30-A MRSA §2636, 30-A MRSA §2637, 30-A MRSA §2638, 30-A MRSA §4356, 30-A MRSA §4702, 30-A MRSA §4721, 30-A MRSA §4725, 30-A MRSA §7007, 32 MRSA §83, 36 MRSA §501, 36 MRSA §703, 36 MRSA §841

Legislative Document
No. 1522
H.P. 1126
House of Representatives, April 19, 2021
An Act To Update and Eliminate References in Statute to Aldermen, 
Selectmen and Overseers of the Poor
Received by the Clerk of the House on April 15, 2021.  Referred to the Committee on State 
and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Representatives: GRAMLICH of Old Orchard Beach, GROHOSKI of 
Ellsworth, RECKITT of South Portland, Senators: CARNEY of Cumberland, MOORE of 
Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  1 MRSA §72, sub-§12, as repealed and replaced by PL 1977, c. 479, §1, is 
amended to read:
12.  Municipal officers.  "Municipal officers" means the mayor and aldermen 
municipal officers or councillors of a city, the selectmen municipal officers or councillors 
of a town and the assessors of a plantation.
Sec. 2.  5 MRSA §1742-B, first ¶, as amended by PL 2005, c. 489, §1, is further 
amended to read:
The Department of Administrative and Financial Services, Bureau of General Services, 
referred to as "the bureau" in this section, shall provide written notification to the municipal 
manager or, in the absence of a manager, the first selectman municipal officer of a state 
construction project or public improvement within the boundaries of that municipality as 
soon as practicable after beginning the schematic design process.  If a municipality intends 
to review and issue building permits on state construction projects and public 
improvements, the municipality must file a notice of intent with the bureau no later than 45 
days following receipt of notification by the bureau of the state construction project or 
public improvement.  Once the required notice is filed, the projects and improvements to 
state-owned or leased buildings must comply with municipal ordinances governing the 
construction and alteration of buildings, provided that as long as the municipal building 
code standards are as stringent as, or more stringent than, the code for state buildings.  Prior 
to requesting bids, the bureau shall obtain or it shall require the project designer to obtain 
municipal approval of the project plans and specifications.  Contractors and subcontractors 
shall obtain all necessary municipal building permits and the project must be subject to 
municipal inspections.
Sec. 3.  17 MRSA §2795, 2nd ¶ is amended to read:
When application is made for such license, said officers shall assign a time and place 
for its consideration, and give at least 14 days' public notice thereof, in such manner as they 
think proper, at the expense of the applicant.  Any person aggrieved by the decision of the 
selectmen select boards of towns in granting or refusing such license may appeal therefrom 
within 30 days to the Superior Court held in said county, which court may appoint a 
committee of 3 disinterested persons, as is provided in relation to appeals from location of 
highways.  Said committee shall must be sworn and shall give 14 days' notice of the time 
and place of their hearing to the parties interested, view the premises, hear the parties, and 
affirm, reverse or annul the decision of said selectmen select board, and their decision shall 
be is final.  Pending such appeal from granting such license, the Superior Court may enjoin 
the erection of such building and engine.
Sec. 4.  17 MRSA §3205, 5th ¶ is amended to read:
The municipal officers of cities shall take action upon the acceptance hereof upon 
receipt of a petition therefor signed by at least 100 registered voters in said city and shall 
hold such public hearings thereon as they may deem necessary.  The selectmen select board 
or other municipal officers of towns shall insert an article in the warrant for the next annual 
town meeting for the acceptance of the provisions of this section after receipt of a petition 
therefor signed by at least 25 registered voters of such town.
Sec. 5.  18-C MRSA §5-704, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§5-704.  Nomination of public guardian or conservator
1.  Nomination of public guardian.  Any person who is eligible to petition for 
appointment of a guardian under section 5‑302, subsection 1, including the commissioner 
of any state department, the head of any state institution, the overseers of the poor overseer 
and the welfare director or health officer of any municipality, may nominate the public 
guardian.
2.  Nomination of public conservator.  Any person who is eligible to petition for 
appointment of a conservator under section 5‑402, subsection 1, including the 
commissioner of any state department, the head of any state institution, the overseer of the 
poor and the welfare director or health officer of any municipality, may nominate the public 
conservator.
3.  Article applies to proceedings for determining appointment.  Except as 
supplemented by section 5‑705, the proceedings for determining the appointment of a 
public guardian or conservator are governed by the provisions of this Article for the 
appointment of guardians and conservators generally.
Sec. 6.  21-A MRSA §1, sub-§26, as enacted by PL 1985, c. 161, §6, is amended 
to read:
26.  Municipal officers.  "Municipal officers" means the mayor and aldermen 
municipal officers or councillors of a city, the selectmen municipal officers or councillors 
of a town and the assessors of a plantation.
Sec. 7.  23 MRSA §2103, first ¶, as amended by PL 2015, c. 494, Pt. A, §27, is 
further amended to read:
When a highway survey has not been properly recorded or preserved or the termination 
and boundaries cannot be ascertained, the board of selectmen select board or municipal 
officers of any municipality may use and control for highway purposes 1 1/2 rods on each 
side of the center of the traveled portion of such way.
Sec. 8.  23 MRSA §2701, as amended by PL 1985, c. 80, is further amended to read:
§2701.  Powers and duties
The road commissioner, under the direction of a majority of the selectmen select board, 
shall have has charge of the repairs of all highways and bridges within the towns and shall 
have has authority to employ the necessary personnel and equipment and purchase material 
for the repair of highways and bridges.  The road commissioner shall give bond to the 
satisfaction of the selectmen select board and be is responsible to them the select board for 
the expenditure of money and discharge of his the road commissioner's duties generally.  
In the absence of a statute, charter provision or ordinance to the contrary, any decision 
involving the duties and responsibilities of the road commissioner shall must be made by a 
majority of the selectmen select board, whose decision shall be is final.  The road 
commissioner's compensation shall must be such sum as the legislative body votes 
annually.  The road commissioner shall render to the selectmen select board monthly 
statements of his the road commissioner's expenditures and may not receive no any money 
from the treasury, except on the order of the selectmen select board.
If a majority of the selectmen determine select board determines that a condition exists 
in any town way which that creates a hazard and renders the way unsafe for travelers with 
motor vehicles, the selectmen select board shall give written notice to the road 
commissioner of this condition and order him the road commissioner to eliminate it or take 
interim measures to protect the public within 24 hours. If the road commissioner fails to 
act as directed by the selectmen select board, a majority of the selectmen select board may 
enter contracts or take any other steps necessary to eliminate the safety hazard.
Sec. 9.  23 MRSA §2702, first ¶ is amended to read:
Road commissioners shall go over the roads in their towns, or cause it to be done, in 
April, May, June, August, September, October and November in each year, remove the 
loose obstructions to the public travel and, whenever so directed by the selectmen select 
board, remove all shrubbery and bushes growing within the limits of highways, not planted 
or cultivated therein for the purpose of profit or ornamentation, having care for the proper 
preservation of shade trees, and repair such defects as may occur from time to time, 
rendering travel dangerous, or they shall give notice of such defects to the municipal 
officers under a penalty of $5 for neglect of such duty.
Sec. 10.  23 MRSA §2751, first ¶ is amended to read:
When a way is established on a line between towns, their municipal officers shall divide 
it crosswise and assign to each town its portion thereof by metes and bounds, which, within 
one year thereafter, being accepted by each town at a legal meeting, shall render renders 
each town liable in the same manner as if the way were wholly within the town. When a 
division of it is not so made, the selectmen select board of either town may petition the 
county commissioners, who shall give notice by causing a copy of such application with 
their order thereon appointing a time and place of hearing to be served upon the clerk of 
each town 30 days, or by causing it to be published in some newspaper printed in the county 
for 3 weeks, previous to the time appointed, and after hearing the parties, they may make 
such division.
Sec. 11.  26 MRSA §935, 3rd ¶, as enacted by PL 1985, c. 294, §§2 and 3, is 
amended to read:
The board shall, upon the request of the Governor or the mayor of a city or the 
selectman a municipal officer of a town, investigate and report upon any labor controversy 
if, in its opinion, it threatens the public welfare.
Sec. 12.  26 MRSA §1043, sub-§28, as amended by PL 2011, c. 678, Pt. C, §8, is 
further amended to read:
28.  Governmental entity.  "Governmental entity" means the State of Maine, and its 
instrumentalities, political subdivisions and school administrative units as represented by 
their elected or appointed governing bodies and includes, without limitation, city and town 
councils, boards of selectmen select boards, boards of county commissioners, municipally 
owned and operated hospitals and administrative entities formed under Title 30‑A, chapter 
115. In the case of school administrative units, governing bodies include, without 
limitation, municipal school committees, school administrative district directors and 
community school district school committees. In the case of special purpose districts, 
governing bodies include, without limitation, boards of directors or trustees.
Sec. 13.  28-A MRSA §2, sub-§21, as enacted by PL 1987, c. 45, Pt. A, §4, is 
amended to read:
21.  Municipal officers.  "Municipal officers" means the mayor and aldermen 
municipal officers or councillors of a city, the selectmen municipal officers or councillors 
of a town and the assessors of plantations.
Sec. 14.  30-A MRSA §52, sub-§1, 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, is further 
amended to read:
1.  Municipal offices.  No A person holding the office of county commissioner may 
not at the same time hold either the office of mayor or assessor of a city or the office of 
selectman municipal officer or assessor of a town.
Sec. 15.  30-A MRSA §722, sub-§2, 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, is further 
amended to read:
2.  Municipal officials.  "Municipal officials" means the mayor, aldermen municipal 
officers, councillors or manager of a city and the selectmen municipal officers, councillors 
or manager of a town located in Androscoggin County.
Sec. 16.  30-A MRSA §822, sub-§2, 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, is further 
amended to read:
2.  Municipal officials.  "Municipal officials" may include the mayor, aldermen 
municipal officers, councillors or manager of a city, the selectmen municipal officers, 
councillors or manager of a town and the assessors of a plantation located in Piscataquis 
County.
Sec. 17.  30-A MRSA §822, sub-§3, 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, is further 
amended to read:
3.  Municipal officers.  "Municipal officers" means the elected mayor, aldermen 
municipal officers or councillors of a city, the selectmen municipal officers or councillors 
of a town and the assessors of a plantation located in Piscataquis County.
Sec. 18.  30-A MRSA §852, sub-§2, 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, is further 
amended to read:
2.  Municipal officers.  "Municipal officers" means the mayor, councillors or 
selectmen municipal officers.
Sec. 19.  30-A MRSA §892, sub-§4, as enacted by PL 1991, c. 204, §2, is amended 
to read:
4.  Municipal officer; definition.  The term "municipal officer," as it refers to the 
Oxford County Budget Advisory Committee in this section, means a selectman municipal 
officer or council member.
Sec. 20.  30-A MRSA §1605, sub-§8, 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 and PL 
2003, c. 689, Pt. B, §6, is further amended to read:
8.  Evaluation of need of dependents.  The welfare director or the overseers of the 
poor of the municipality in which the prisoner's dependents reside, or the Department of 
Health and Human Services, shall at the request of the court investigate and report to the 
court the amount necessary for the support of the prisoner's dependents.
Sec. 21.  30-A MRSA §2001, sub-§10, 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, is 
further amended to read:
10.  Municipal officers.  "Municipal officers" means:
A.  The selectmen municipal officers or councillors of a town; or
B.  The mayor and aldermen municipal officers or councillors of a city.
Sec. 22.  30-A MRSA §2521, 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, is further 
amended to read:
§2521.  Call of town meeting
Each town meeting shall must be called by a warrant.  The warrant must be signed by 
a majority of the selectmen municipal officers, except as follows.
1.  First town meeting.  The first town meeting shall must be called in the manner 
provided in the act of incorporation.
2.  Majority of selectmen municipal officers.  If, for any reason, a majority of the 
selectmen municipal officers do not remain in office, a majority of those remaining may 
call a town meeting.
3.  Petition of 3 voters, if no selectmen municipal officers.  When a town, once 
organized, is without selectmen municipal officers, a notary public may call a meeting on 
the written petition of any 3 voters.
4.  Petition by voters, if selectmen refuse select board refuses.  If the selectmen 
select board unreasonably refuse refuses to call a town meeting, a notary public may call 
the meeting on the written petition of a number of voters equal to at least 10% of the number 
of votes cast in the town at the last gubernatorial election, but in no case less than 10.
Sec. 23.  30-A MRSA §2524, sub-§2, 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, is further 
amended to read:
2.  Moderator elected and sworn.  The clerk, or in the clerk's absence a selectman 
municipal officer or constable, shall open the meeting by:
A.  Calling for the election of a moderator by written ballot;
B.  Receiving and counting the votes for moderator; and
C.  Swearing in the moderator.
Sec. 24.  30-A MRSA §2524, sub-§3, 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, is further 
amended to read:
3.  Moderator presides.  As soon as the moderator has been elected and sworn, the 
moderator shall preside over and supervise the voting at the meeting and may appoint a 
deputy moderator to assist the moderator.  If the moderator is absent or is unable to carry 
out the duties, the clerk, or in the clerk's absence a selectman municipal officer or constable, 
may call for the election of a deputy moderator to act in the absence of the moderator.
A.  All persons shall be silent at the moderator's command.  A person may not speak 
before that person is recognized by the moderator.  A person who is not a voter in the 
town may speak at the meeting only with the consent of 2/3 of the voters present.
(1)  If any person, after a command for order by the moderator, continues to act in 
a disorderly manner, the moderator may direct that person to leave the meeting.  If 
the person refuses to leave, the moderator may have that person removed by a 
constable and confined until the meeting is adjourned.
B.  When a vote declared by the moderator is immediately questioned by at least 7 
voters, the moderator shall make it certain by polling the voters or by a method directed 
by the municipal legislative body.
C.  The moderator shall serve until the meeting is adjourned.  The moderator is subject 
to the same penalties for neglect of official duty as other town officials.
Sec. 25.  30-A MRSA §2525, sub-§1, ¶B, 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, is 
further amended to read:
B.  Selectmen Select board; and
Sec. 26.  30-A MRSA §2526, sub-§3, ¶A, 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, 
is further amended to read:
A.  In order to hold the office of selectman municipal officer, a person must be a voter 
in the town in which that person is elected.
Sec. 27.  30-A MRSA §2526, sub-§4, 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, is further 
amended to read:
4.  Selectmen Municipal officers and overseers.  The following provisions apply to 
selectmen municipal officers and overseers.
A.  A town may determine at a meeting held at least 90 days before the annual meeting 
whether 3, 5 or 7 will be elected to each board and their terms of office.
(1)  Once the determination has been made, it stands until revoked at a meeting 
held at least 90 days before the annual meeting.
(2)  If a town fails to fix the number, 3 shall must be elected.  If a town fails to fix 
the term, it is for one year.
B.  When others have not been elected, the selectmen municipal officers shall serve as 
overseers of the poor.
C.  A selectman municipal officer may also serve as a member of the board of assessors.
D.  A town, in electing selectmen municipal officers and overseers, may designate one 
of them as chairman chair of the board.
(1)  If no person is designated as chairman chair, the board shall elect by ballot a 
chairman chair from its own membership, before assuming the duties of office.  
When no member receives a majority vote, the clerk shall determine the chairman 
chair by lot.
E.  If the town fails to fix the compensation of these officials at its annual meeting, they 
shall be paid $10 each per day for every day actually and necessarily employed in the 
service of the town.
Sec. 28.  30-A MRSA §2526, sub-§5, ¶A, 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, 
is further amended by amending subparagraph (3) to read:
(3)  When a town has chosen a single assessor under this paragraph, the selectmen 
select board shall appoint the assessor for a term not exceeding 5 years.
Sec. 29.  30-A MRSA §2526, sub-§5, ¶C, as amended by PL 2003, c. 234, §1, is 
further amended to read:
C.  When a town has not elected a full board of assessors, the selectmen municipal 
officers shall serve as assessors as provided in Title 36, section 703.  A selectman 
municipal officer who is an assessor pursuant to this paragraph and Title 36, section 
or any person who serves as both a selectman municipal officer and a tax assessor 
may resign the position of assessor without resigning the office of selectman municipal 
officer.  The position of assessor must then be filled by appointment pursuant to section 
2602, subsection 2.  A person elected to the State Legislature who resigns the position 
of assessor pursuant to this paragraph may continue to serve concurrently as selectman 
a municipal officer and member of the State Legislature.  If a person who is serving in 
the State Legislature or in another office incompatible with the position of assessor 
resigns the position of assessor pursuant to this paragraph before that person has 
performed any duties as tax assessor, that person may not be deemed to have vacated 
the previously held position of State Legislator or other office that is incompatible with 
the office of assessor.
Sec. 30.  30-A MRSA §2526, sub-§6, ¶B, as amended by PL 1991, c. 235, is 
further amended to read:
B.  The board of assessment review consists of 3 members and 2 alternates appointed 
by the selectmen select board.  The municipality, when adopting such a board, may fix 
the compensation of the members.  Initially, one member must be appointed for one 
year, one member for 2 years and one member for 3 years, and one of the alternates 
must be appointed for one year and one alternate for 2 years.  Thereafter, the term of 
each new member or alternate is 3 years.
Sec. 31.  30-A MRSA §2526, sub-§7, ¶B, 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, is 
further amended to read:
B.  A road commissioner appointed by the selectmen select board may be removed 
from office for cause by the selectmen select board.
Sec. 32.  30-A MRSA §2526, sub-§7, ¶C, 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, 
is further amended to read:
C.  The board of selectmen select board may act as a board of road commissioners.
Sec. 33.  30-A MRSA §2528, sub-§2, 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, is further 
amended to read:
2.  Designation, number and terms of officials.  At the time of acceptance, the town 
shall determine, by a separate article in the warrant, which other officials are to be elected 
according to this section, and may determine the number and terms of selectmen municipal 
officers, assessors and overseers according to section 2526.
A.  After the determination under this subsection, a town may not change the 
designation, number or terms of town officials, except at a meeting held at least 90 
days before the annual meeting.
Sec. 34.  30-A MRSA §2552, sub-§5, 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, is further 
amended to read:
5.  Officials elected by aldermen municipal officers and common council.  In the 
election of any official by the board of aldermen municipal officers or jointly by the 
aldermen municipal officers and common council in which the mayor has a right to give a 
deciding vote, if the candidates have an equal number of votes, the mayor shall determine 
which of them is elected.
Sec. 35.  30-A MRSA §2552, sub-§6, 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, is further 
amended to read:
6.  Officials appointed by the municipal officers.  Whenever appointments to office 
are made by the municipal officers, they shall must be made by the mayor with the consent 
of the aldermen municipal officers and may be removed by the mayor.
Sec. 36.  30-A MRSA §2602, sub-§2, as amended by PL 1991, c. 270, §3, is further 
amended to read:
2.  Vacancy in office other than selectman municipal officer or school committee.  
When there is a vacancy in a town office other than that of selectman municipal officer or 
school committee, the selectmen select board may appoint a qualified person to fill the 
vacancy.
Sec. 37.  30-A MRSA §2602, sub-§3, as amended by PL 1991, c. 270, §3, is further 
amended to read:
3.  Vacancy in office of selectman municipal officer.  When there is a vacancy in the 
office of selectman municipal officer, the selectmen select board may call a town meeting 
to elect a qualified person to fill the vacancy.
Sec. 38.  30-A MRSA §2631, sub-§2, 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, is further 
amended to read:
2.  Government.  The government of each town under this subchapter shall must 
consist of a town meeting, an elected board of selectmen select board, an elected school 
committee, an appointed town manager and any other officials and employees that may be 
appointed under this subchapter, general law or ordinance.  Other town officials may be 
elected by ballot, including, but not limited to, moderator, assessors, overseers of the poor, 
clerk and treasurer.  The election of officials at the last annual town meeting shall must 
require that those town offices continue to be filled by election until the town designates 
otherwise.
Sec. 39.  30-A MRSA §2632, 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, is further 
amended to read:
§2632.  Qualifications of town manager
1.  Selection by board; professional qualification.  The selectmen select board shall 
choose the town manager solely on the basis of executive and administrative qualifications 
with special reference to actual experience in, or knowledge of, the duties of office under 
this subchapter.
2.  Residency.  The town manager need not be a resident of the town or State when 
appointed, but, while in office, may reside outside the town or State only with the approval 
of the board of selectmen select board.
3.  Prohibited offices.  A town manager may not serve as moderator, selectman 
municipal officer, assessor or member of the school committee.
Sec. 40.  30-A MRSA §2633, sub-§2, 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, is further 
amended to read:
2.  Compensation.  The selectmen select board shall determine the compensation of 
the town manager.
Sec. 41.  30-A MRSA §2633, sub-§3, 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, is further 
amended to read:
3.  Removal, suspension.  The selectmen select board may remove or suspend the 
town manager for cause in accordance with the following procedures.
A.  The selectmen select board shall file a written preliminary resolution with the town 
clerk stating the specific reasons for the proposed removal.  A copy of that resolution 
shall must be delivered to the manager within 10 days of filing.
B.  Within 20 days of receiving the resolution, the manager may reply in writing and 
request a public hearing.
C.  Upon request for a public hearing, the selectmen select board shall hold one at least 
days but not more than 30 days after the request is filed.
D.  After the public hearing or at the expiration of the time permitted the manager to 
request the public hearing, if no such request is made, the selectmen select board may 
adopt or reject the resolution of removal.
E.  The selectmen select board may suspend the manager from duty in the preliminary 
resolution, but the manager's salary may not be affected until the final resolution of 
removal has been adopted.
Sec. 42.  30-A MRSA §2634, first ¶, 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, is further 
amended to read:
The town manager may designate a qualified administrative official of the town to 
perform the manager's duties during a temporary absence or disability, subject to 
confirmation by the selectmen select board.  If the town manager does not make this 
designation, the selectmen select board may appoint a town official to perform the 
manager's duties during the absence or disability and until the manager returns or the 
disability ceases.
Sec. 43.  30-A MRSA §2635, 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, is further 
amended to read:
§2635.  Board of selectmen Select board to act as a body; administrative service to be 
performed through town manager; committees
It is the intention of this subchapter that the board of selectmen select board as a body 
shall exercise all administrative and executive powers of the town except as provided in 
this subchapter.  The board of selectmen select board shall deal with the administrative 
services solely through the town manager and shall may not give orders to any subordinates 
of the manager, either publicly or privately.  This section does not prevent the board of 
selectmen select board from appointing committees or commissions of its own members or 
of citizens to conduct investigations into the conduct of any official or department, or any 
matter relating to the welfare of the town.
Sec. 44.  30-A MRSA §2636, 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, is further 
amended to read:
§2636.  Powers and duties of town manager
The town manager:
1.  Executive and administrative officer.  Is the chief executive and administrative 
official of the town;
2.  Administer offices.  Is responsible to the selectmen select board for the 
administration of all departments and offices over which the selectmen have select board 
has control;
3.  Execute laws and ordinances.  Shall execute all laws and ordinances of the town;
4.  Department head.  Shall serve in any office as the head of any department under 
the control of the selectmen select board when directed by the selectmen select board;
5.  Appoint department heads.  Shall appoint, subject to confirmation by the 
selectmen select board, supervise and control the heads of departments under the control 
of the selectmen select board when the department is not headed by the town manager 
under subsection 4;
6.  Appoint town officials.  Unless otherwise provided by town ordinance, shall 
appoint, supervise and control all town officials whom the municipal officers are required 
by law to appoint, except members of boards, commissions, committees and single 
assessors; and appoint, supervise and control all other officials, subordinates and assistants, 
except that the town manager may delegate this authority to a department head and report 
all appointments to the board of selectmen select board;
7.  Purchasing agent.  Shall act as purchasing agent for all departments, except the 
school department, provided except that the town or the selectmen select board may require 
that all purchases greater than a designated amount must be submitted to sealed bid;
8.  Attend meetings of selectmen select board.  Shall attend all meetings of the board 
of selectmen select board, and the town manager may attend meetings when the manager's 
removal is being considered;
9.  Make recommendations.  Shall make recommendations to the board of selectmen 
select board for the more efficient operation of the town;
10.  Attend town meetings.  Shall attend all town meetings and hearings;
11.  Inform of financial condition.  Shall keep the board of selectmen select board 
and the residents of the town informed as to the town's financial condition;
12.  Collect data.  Shall collect data necessary to prepare the budget;
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 select board.
Sec. 45.  30-A MRSA §2637, first ¶, 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, is further 
amended to read:
The selectmen select board, by resolve, may provide for the orderly transition of the 
town government.  These resolves may not infringe upon the rights of any official or 
employee of the town and may not be inconsistent with this subchapter.
Sec. 46.  30-A MRSA §2638, sub-§2, 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, is further 
amended to read:
2.  Selection of manager.  The selectmen select boards of the contracting towns shall 
act as a joint board for the purposes of selecting and removing for cause the manager, 
provided except that each town has a single vote.
Sec. 47.  30-A MRSA §2638, sub-§3, 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, is further 
amended to read:
3.  Compensation.  The agreement must contain a formula establishing the percentage 
of the manager's compensation to be contributed by each town.  The selectmen select 
boards shall determine the manager's total compensation acting as a joint board, each town 
having a single vote.
Sec. 48.  30-A MRSA §4356, sub-§3, as enacted by PL 1989, c. 104, Pt. A, §45 
and Pt. C, §10, is amended to read:
3.  Extension by selectmen select board.  In municipalities where the municipal 
legislative body is the town meeting, the selectmen select board may extend the moratorium 
in compliance with subsection 2 after notice and hearing.
Sec. 49.  30-A MRSA §4702, sub-§1, ¶B, as amended by PL 2017, c. 234, §3 and 
affected by §42, is further amended to read:
B.  The area of operation of the housing authority of a municipality does not include 
any area that lies within the municipal boundaries of any municipality for which a 
municipal housing authority has been organized, without the consent by resolution of 
the legislative body or the selectmen select board of the other municipality.
Sec. 50.  30-A MRSA §4702, sub-§15, 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, is 
further amended to read:
15.  Selectmen Select board.  "Selectmen Select board" means the board of selectmen 
select board of the town or, if the town has no selectmen select board, the officers charged 
with the duties customarily imposed on the board of selectmen select board of a town.
Sec. 51.  30-A MRSA §4721, sub-§2, 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, is further 
amended to read:
2.  Procedure.  The municipal legislative body shall consider the need for an authority 
on its own motion or upon the filing of a petition with the mayor of the city or the selectmen 
select board of the town.  This petition must be signed by 25 voters of the city or town and 
assert that there is a need for an authority to function in the municipality and request that 
the municipal legislative body declare that need.
Sec. 52.  30-A MRSA §4721, sub-§4, 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, is further 
amended to read:
4.  Appointment of commissioners.  Upon the adoption of a resolution by the 
municipal legislative body, the mayor of the city or the selectmen select board of the town 
shall appoint the commissioners of the authority under section 4723, subsection 1.
Sec. 53.  30-A MRSA §4725, first ¶, as amended by PL 2011, c. 560, §2, is further 
amended to read:
A commissioner may be removed from office for inefficiency, neglect of duty or 
misconduct in office after hearing by the legislative body of a city, the selectmen select 
board of a town, or, in the case of the Maine State Housing Authority, the Governor.  The 
commissioner must be given a copy of the charges at least 10 days before the hearing and 
must be given an opportunity to be heard in person or to be represented by counsel.  If a 
commissioner is removed, a record of the proceedings, together with the charges and the 
findings on the charges, must be filed in the office of the clerk or, in the case of the Maine 
State Housing Authority, in the office of the Secretary of State.  This section does not apply 
to the director of the Maine State Housing Authority, who may be removed by the 
commissioners pursuant to section 4723, subsection 2, paragraph C.
Sec. 54.  30-A MRSA §7007, first ¶, 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, is further 
amended to read:
Assessors of plantations shall be are considered the selectmen municipal officers of the 
plantation for the purpose of performing the duties performed by the selectmen municipal 
officers of towns.  Treasurers, collectors and constables of plantations must give the same 
bond as similar officials of towns are required to give, to be approved in the same manner.  
The valuation of property for the assessment of taxes in plantations, as well as the 
assessment, collection and disposal of taxes, shall must be the same as in towns.
Sec. 55.  32 MRSA §83, sub-§17-B, as enacted by PL 2015, c. 6, §1, is amended 
to read:
17-B.  Municipal officers.  "Municipal officers" means:
A.  The selectmen municipal officers or councillors of a town; or
B.  The mayor and aldermen municipal officers or councillors of a city.
Sec. 56.  36 MRSA §501, sub-§4 is amended to read:
4.  Municipal officers.  "Municipal officers" shall mean means the mayor and 
aldermen municipal officers of cities, the selectmen municipal officers of towns and the 
assessors of plantations.
Sec. 57.  36 MRSA §703, as amended by PL 1991, c. 270, §4, is further amended to 
read:
§703.  Selectmen Municipal officers to act as assessors
If any municipality does not choose assessors and is not a part of a primary assessing 
area, the selectmen municipal officers are the assessors, and each of them must be sworn 
as an assessor.  A selectman municipal officer who is an assessor pursuant to this paragraph 
may resign the position of assessor without resigning the office of selectman municipal 
officer.  The position of assessor must then be filled by appointment pursuant to Title 30‑A, 
section 2602, subsection 2.
Sec. 58.  36 MRSA §841, sub-§5, as repealed and replaced by PL 1987, c. 772, 
§16, is amended to read:
5.  Certification; record.  Whenever an abatement is made, other than by the State 
Tax Assessor, the abating authority shall certify it in writing to the collector, and that 
certificate shall discharge discharges the collector from further obligation to collect the tax 
so abated.  When the abatement is made, other than an abatement made under subsection 
2, a record setting forth the name of the party or parties benefited, the amount of the 
abatement and the reasons for the abatement shall must, within 30 days, be made and kept 
in suitable book form open to the public at reasonable times.  A report of the abatement 
shall must be made to the municipality at its annual meeting or to the mayor and aldermen 
municipal officers of cities by the first Monday in each March.
SUMMARY
This bill amends the Maine Revised Statutes to replace, as appropriate, all appearances 
of or references to certain terms as follows:
1.  "Board of selectmen" is replaced with "select board";
2.  "Selectman" is replaced with "municipal officer";
3.  "Overseer of the poor" is replaced with "overseer"; and
4.  "Alderman" is replaced with "municipal officer."