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Charter Commission

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Charter Commission

Since the Magna Carta, or "Great Charter", of 1615 free people have been granting government limited authority over their lives and property. The United States of America's charter was established in 1787 as the U.S. Constitution, followed thirty-three years later by the State of Maine Constitution in 1820. The state legislature approved Bar Harbor's first charter in 1949, which was accepted by Town Meeting on December 29, 1949.

Municipalities, although legal corporations and political subdivisions of a state, have no inherent authority or responsibilities: municipalities derive their powers and duties from the state. Prior to 1969 a Maine municipality's form of government was created and revised by acts of the Maine State Legislature. Since the Maine State Constitution was revised in 1969, however, the voters of each municipality have had control over all matters of a local or municipal character unless prohibited by state statute; a principal known as "Home Rule". Bar Harbor citizens approved our current Charter in 1974, which has been amended several times over the years.

By state law, Town Council is allowed to bring minor Charter changes to Town Meeting for approval, but major Charter changes must be developed and submitted to Town Meeting by an independent body of elected officials known as a Charter Commission.

Bar Harbor has had several Charter Commissions over the years, the most recent created at the election of November 2008. Commissioners were asked to study the Town Charter and recommend any amendments or revisions that they believed advisable. Any changes to the Charter will have to be approved by Town Meeting voters on a secret ballot before taking effect.

Members & Officers

The Commission consists of nine members, six of whom were elected and three who were appointed by the Town Council: Enoch Albert, Leslie C. Brewer, Richard Cough, Richard Fox, Jill Goldthwait, Michael Gurtler, Ken Smith, Jill Weber and David Woodside. Ms. Goldthwait was elected as Chair, Mr. Woodside as Vice Chair and Mr. Gurtler as Secretary at the Commission's organizational meeting on December 19, 2008.

Meeting Schedule & Work Plan

A flow chart explaining the charter review process is attached, along with a detailed explanation of the legal technicalities, but in general, a Charter Commission is required to present a proposed Charter or revisions to the voters within certain time limits, generally one year, although the Town Council can extend that deadline.

Public Comment

At its second meeting, January 14, 2009, the Commission held a public hearing. This was followed by a September 22, 2009 hearing on the Preliminary Report. The minutes for these meetings can be found below. Throughout the process, the Charter Commission accepted public comments submitted through the Town website and through the office of the Town Clerk.

Reference Materials

Introduction to Charter Review
Organization Chart - Town
State Law - Charter Commissions
Final Report

Minutes

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