2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 11: SANITARY DISTRICTS › Subchapter 2: ORGANIZATION › 38 §1105. Election of trustees

§1105. Election of trustees
Trustees shall be nominated and elected in the same manner as municipal officers are nominated and elected under Title 30‑A, or in accordance with a municipal charter, whichever is applicable; or, in the case of unorganized territory, in accordance with the procedure for the organization of larger townships set forth in Title 30‑A, section 7001, subsection 2. Upon receipt of the names of all the trustees, the Commissioner of Environmental Protection shall set a time, place and date for the first meeting of the trustees, notice thereof to be given to the trustees by certified or registered mail, return receipt requested, mailed at least 10 days prior to the date set for the meeting, to determine the length of their terms. The terms are determined by lot in accordance with the following table:
TERM
Total number of Trustees
1 year
2 years
3 years
5
1
2
2
6
2
2
2
7
2
2
3
8
2
3
3
9
3
3
3
10
3
3
4
11
3
4
4
12
4
4
4
13
4
4
5
14
4
5
5
15
5
5
5
16
5
5
6
17
5
6
6
18
6
6
6
[PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §214 (AMD).]
In the case of a sanitary district whose territory does not extend beyond the boundaries of a single municipality and whose territory encompasses less than the entire area of the municipality, when the term of office of a trustee expires, the trustee's successor must be elected at large by a plurality vote of the voters within the territory of the district.   [PL 1999, c. 299, §2 (NEW).]
They shall organize by election from their own members a chair, a vice-chair, a treasurer and a clerk and choose and employ and fix the compensation of such other necessary officers and agents who serve at their pleasure, and they shall adopt a corporate seal. Prior to the election of those officers each trustee must be sworn to the faithful performance of the trustee's duties.   [RR 2021, c. 2, Pt. B, §270 (COR).]
The trustees may from time to time adopt, establish and amend by bylaws consistent with the laws of the State of Maine, and necessary for their own convenience and the proper management of the affairs of the district and perform any other acts within the powers delegated to them by law.   [PL 1965, c. 310 (NEW).]
After the original organizational meeting the trustees shall meet annually at a time determined by their bylaws for the purpose of electing from among the members a chair, vice-chair, treasurer and clerk to serve until the next annual election and until their successors are elected and qualified. The treasurer shall furnish bond in such sum and with such sureties as the trustees approve, the cost thereof to be paid by the district. The chair, vice-chair, treasurer and clerk may receive such compensation for serving in these capacities as the trustees determine. This compensation is in addition to the compensation payable to them as trustees. The trustees shall make and publish an annual report including a report of the treasurer.   [RR 2021, c. 2, Pt. B, §271 (COR).]
At the expiration of the terms so determined the vacancy shall be filled for a term of 3 years and the trustees shall notify the municipal officers of the municipalities within the sanitary district before the annual town meeting or before the regular city election if a city falls within the sanitary district; or, in the case of unorganized territory, the trustees shall notify the commissioners of the county wherein the unorganized territory, encompassed by the sanitary district, is located, of the fact that a vacancy will occur so that the municipal officers in these municipalities or the county commissioners, as the case may be, may provide for the election of a trustee or trustees to fill the vacancy that will occur. All trustees shall serve until their successors are elected and qualified. The trustees shall receive compensation as recommended by them and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the district, including compensation for any duties they perform as officers as well as for their duties as trustees. Certification thereof shall be recorded with the Secretary of State and recorded in the bylaws. Their compensation for duties as trustees shall be on the basis of such specific amount as may be specified in the bylaws, each meeting actually attended and reimbursement for travel and expenses, with the total not to exceed such specific amount as may be specified in the bylaws. Compensation schedules in effect in January 1, 1982, shall continue in effect until changed.   [PL 1981, c. 466, §4 (AMD).]
When a vacancy on the board of trustees occurs by reason of death, resignation or otherwise, the municipal officers of the municipality that the trustee represented shall fill the vacancy by electing a trustee from the municipality to serve until the municipality fills the vacancy at its next annual town meeting or next regular city election. In the case of a vacancy in the office of a trustee representing unorganized territory, the commissioners of the county wherein such unorganized territory is located shall fill the vacancy by electing a trustee from such unorganized territory and resident within the boundaries of the sanitary district until the next election of trustees is held. The person so chosen shall serve until that person's successor is elected and qualified. In case any member of the board of trustees removes from the municipality that the member represents, or, in the case of a trustee representing unorganized territory, in case such trustee removes without the boundaries of the sanitary district, a vacancy must be declared to exist by the board of trustees, and the municipal officers or the county commissioners, as the case may be, shall thereafter choose another trustee as provided.   [RR 2021, c. 2, Pt. B, §272 (COR).]
A member of the board of trustees may not be employed for compensation as an employee or in any other capacity by the sanitary district of which the member is a trustee, except as provided.   [RR 2021, c. 2, Pt. B, §273 (COR).]
SECTION HISTORY
PL 1965, c. 310 (NEW). PL 1967, c. 524, §4 (AMD). PL 1969, c. 431, §9 (AMD). PL 1971, c. 618, §12 (AMD). PL 1981, c. 466, §4 (AMD). PL 1987, c. 737, §§C93,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 104, Pt. C, §§8, 10 (AMD). PL 1989, c. 890, §§A40,B214 (AMD). PL 1989, c. 890, Pt. A, §40 (AFF). PL 1989, c. 890, Pt. B, §214 (AMD). PL 1999, c. 299, §2 (AMD). RR 2021, c. 2, Pt. B, §§270-273 (COR).