Maine Revised Statutes Title 20-A Sec. 1502 – Method of calling a regional school unit referendum
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A regional school unit referendum must be initiated by a warrant prepared and signed by a majority of the regional school unit board directors. The warrant must be countersigned by the municipal officers in the municipality where the warrants are posted. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
1. Municipal officers. The warrant must direct the municipal officers within the regional school unit to call a referendum on a date and time determined by the regional school unit board. A warrant must be prepared and distributed at least 30 days prior to the date of the referendum, except that a warrant for a regional school unit budget referendum held in accordance with this chapter must be prepared and distributed at least 14 days prior to the date of the referendum.
A. The warrant must be directed to a resident of the regional school unit by name, ordering the resident to notify the municipal officers of each of the municipalities within the regional school unit to call a town meeting or city election on the date specified by the regional school unit board. No other date may be used. The person who serves the warrant shall make a return on the warrant stating the manner of services and the time when it was given. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
B. The warrant must be served on the municipal clerk of each of the municipalities within the regional school unit by delivery of an attested copy of the warrant in hand within 3 days of the date of the warrant. The municipal clerk, on receipt of the warrant, shall immediately notify the municipal officers within the municipality. The municipal officers shall forthwith meet, countersign and have the warrant posted. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
C. The warrants and other notices for the referendum must be in the same manner as provided in Title 21-A, except that the regional school unit board shall hold a public hearing at least 7 days before the referendum vote. At least 7 days before the public hearing, the regional school unit board shall give notice of the public hearing by having a copy of the proposed referendum, together with the time and place of hearing, posted in the same manner required for posting a warrant under this section. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 1502
- Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1
- Regional school unit board: means the board of directors that is the governing body with statutory powers and duties of a regional school unit. See Maine Revised Statutes Title 20-A Sec. 1
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Content of the warrant. The warrant must set forth the articles to be acted on in each municipal referendum. The articles must have the following form.
A. On or after July 1, 2008, when a referendum is called for the purpose of authorizing the issuance of bonds or notes for capital outlay purposes, the articles must be substantially as set out in this paragraph.
(1) “Do you favor authorizing the board of directors of (name of regional school unit) to issue bonds or notes in the name of this regional school unit for school construction purposes in an amount not to exceed $………. to construct a ………………………………………………. (elementary or secondary school) to be located at……………………. (specifically defined lot where school is to be erected)?
Yes No”
(2) “Do you favor authorizing the board of directors of (name of regional school unit) to issue bonds or notes in the name of this regional school unit for school construction or minor capital projects in an amount not to exceed $………. for the purpose of …………………………………………….. (purpose of school construction project)?
Yes No”
(3) “Do you favor authorizing the board of directors of (name of regional school unit) to use the bond issue or notes in an amount not to exceed $………, which was voted by the regional school unit on ………………. (date), to construct a ……………………… (elementary or secondary school) to be located at ……………………………………………………………………. (specifically defined lot where school is to be located)?
Yes No”
(4) “Do you favor authorizing the board of directors of (name of regional school unit) to construct a …………………………………………………. (elementary or secondary school) to be located at …………………………………………………………. (specifically defined lot where school is to be located) with the total project cost not to exceed $……… and to issue bonds or notes in the name of this regional school unit for school construction purposes in an amount not to exceed $……… with the balance of the total project costs to be derived from …………………………………………………………… (description of other sources of funds such as initial state share when approved for current fiscal year funding, proceeds from insured losses, money from federal sources, other noneducational funds, etc.)
Yes No”
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
B. When a regional school unit votes to change the site of its school construction project using the article in paragraph A, subparagraph (3), the date of authorization of the project is the original date the voters authorized the regional school unit board to issue bonds or notes for that project. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
C. On or after July 1, 2008, when a referendum is called for the purpose of authorizing the regional school unit board to contract for the schooling of secondary pupils, the article must be as set out in this paragraph.
(1) “Do you favor authorizing the board of directors of (name of regional school unit) to contract in the name of this regional school unit with (name of regional school unit or private school) for the schooling of secondary pupils for a term of ……………….. years?
Yes No”
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
D. On or after July 1, 2008, when a referendum is called for the purpose of accepting or rejecting a prospective gift, the article must be as set out in this paragraph.
(1) “Do you favor authorizing the board of directors of (name of regional school unit) to accept a prospective gift under the following conditions? …………………………….(terms and conditions).
Yes No”
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
SECTION HISTORY
PL 2007, c. 240, Pt. XXXX, §13 (NEW).