38 §1724. Directors

Title 38: WATERS AND NAVIGATION

Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT

Subchapter 2: ORGANIZATION

§1724. Directors

1. Authorization. All of the affairs of a disposal district must be managed by an appointed board of directors that consists of not less than 3 directors. The exact number of directors must be determined in accordance with section 1721. Each director is entitled to the number of votes that corresponds to the level of population in that director's municipality as set forth in the following table, unless an alternative method of apportioning votes is approved by a majority vote of the municipal officers representing each member of the disposal district prior to or at the time of formation.

Population No. of Votes
0 - 1,000 1
1,001 - 2,500 2
2,501 - 5,000 3
5,001 - 10,000 4
10,001 - 15,000 5
15,001 - 25,000 6
25,001 - 35,000 7
35,001 - 50,000 8
50,001 - 65,000 9
65,001 and over 10

A director may not split votes. In the event a municipality has more than one director, directors from that municipality shall share equally the number of votes for that municipality but may vote independently of each other. A determination of population must be made based upon the latest official Decennial Census of the United States by the United States Bureau of Census. A disposal district may alter the number of its directors by submitting the proposed alteration to the voters in the same manner as provided in section 1721, subsection 7. No municipality within any disposal district may have less than one director. A quorum of the directors may conduct the affairs of the district even if there is a vacancy on the board of directors. A quorum is defined as a simple majority of eligible and appointed directors, provided that a majority of the member municipalities are represented. A simple majority of directors voting, either in person or by written consent, may conduct the affairs of the district.

[ 1999, c. 557, §1 (AMD) .]

2. Term. Subject to section 1721, subsection 5, as to the duration of terms to be served by initial directors, all directors shall hold office for 3 years and until their successors are duly appointed and qualified. Any representative may be appointed to successive terms without limit.

[ 1983, c. 820, §2 (NEW) .]

3. Vacancy. Any vacancy on the board of directors shall be filled within 30 days after the vacancy occurs by appointment of the municipal officers of the municipality which he is to represent. An appointee to a vacancy shall serve until the expiration of the term of the representative to whose position the appointment was made and may be reappointed.

[ 1983, c. 820, §2 (NEW) .]

4. Directors' retirement. Directors shall not be eligible to join the Maine Public Employees Retirement System as a result of their selection as directors.

[ 1983, c. 820, §2 (NEW); 2007, c. 58, §3 (REV) .]

SECTION HISTORY

1983, c. 820, §2 (NEW). 1993, c. 11, §1 (AMD). 1993, c. 597, §1 (AMD). 1999, c. 557, §1 (AMD). 1999, c. 557, §1 (AMD). 2007, c. 58, §3 (REV).