Maine Code § 38-2005

Election of trustees
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Except for trustees representing participating water districts, whose selection is governed by section
2002, subsection 6-A, 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. Upon receipt of the names of all
the trustees, the commissioner shall set a time, place and date for the first meeting of the trustees, notice
of the meeting 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. Except for
trustees representing water districts whose term is set by section 2002, subsection 6-A, the terms must
be 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
The trustees shall enter on their records the determination so made. The trustees shall serve their
terms as determined at the organizational meeting, except that, in the case of trustees representing a
municipality, those trustees shall serve an additional period until the next regular election of the
municipality and, thereafter, those trustees' terms of office shall date from the time of each regular
municipal election; and except that, in the case of trustees representing residents of unorganized
territory, those trustees shall serve until an election to fill the vacancies caused by the expiration of their
terms shall be called by the county commissioners. The commissioners shall call the election in the
same manner provided for the initial election of trustees and cause that election to be held on a date as
closely following the date upon which the terms expire.
The trustees shall organize by election from their own members a chair, a vice-chair, a treasurer
and a clerk and choose, employ and fix the compensation of other necessary officers and agents who
serve at their pleasure and they shall adopt a corporate seal. Prior to the election of the officers, each
trustee must be sworn to the faithful performance of the trustee's duties. [RR 2021, c. 2, Pt. B, §298
(COR).]
At the first organizational meeting, the trustees shall determine the percentage of the watershed
district's operating budget to which each participating water district shall contribute. Any contributions
paid by a participating water district shall be recovered, with carrying costs, in the district's next rate
case. The agreed upon contribution of a participating water district may not be changed during the
fiscal year unless the participating water district approves the change. The percentage contribution of
a participating water district may be reviewed and changed by the trustees at the end of the fiscal year.
[PL 1989, c. 106, §7 (NEW).]
The trustees may from time to time adopt, establish and amend through bylaws consistent with the
laws of the State 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 1987, c. 711
(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 of the bond to be
paid by the district. The chair, vice-chair, treasurer and clerk may receive 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, §299 (COR).]
At the expiration of the terms, the vacancy shall be filled for a term of 3 years and the trustees shall
notify the municipal officers of the municipalities within the watershed district before the annual town
meeting or before the regular city election if a city falls within the watershed district; or, in the case of
unorganized territory, the trustees shall notify the commissioners of the county in which the
unorganized territory, encompassed by the watershed district, is located of the fact that a vacancy will
occur so that the municipal officers in these municipalities or the county commissioners 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 based on the amount
specified in the bylaws, each meeting actually attended and reimbursement for travel and expenses,
with the total not to exceed the amount specified in the bylaws. Compensation schedules in effect on
January 1, 1988 shall continue in effect until changed. [PL 1987, c. 711 (NEW).]
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 shall fill 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 in which the unorganized territory is located
shall fill the vacancy by electing a trustee from the unorganized territory and resident within the
boundaries of the watershed district until the next election of trustees is held. The person so chosen
shall serve until a successor is elected and qualified. If any member of the board of trustees moves from
the municipality represented, or, in the case of a trustee representing unorganized territory, if that trustee
moves outside the boundaries of the watershed district, a vacancy shall be declared to exist by the board
of trustees and the municipal officers or the county commissioners shall choose another trustee as
provided. [PL 1987, c. 711 (NEW).]
No member of the board of trustees may be employed for compensation or in any other capacity
by the watershed district of which the member is a trustee, except as otherwise provided. [PL 1987,
c. 711 (NEW).]

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