Road Commissioners' Duties
This Maine Municipal Association publication is presented for "Classroom Use Only." Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.
Question: We understand that the Legislature passed a law to clarify the relationship between municipal officers and the road commissioner. How will this change the situation?
Answer: The authority of municipal officers over road commissioners often has been a source of conflict. The conflict is due in part to the fact that while municipal officers and the road commissioners are both elected, the selectmen have final authority on road work on town ways, but the selectmen cannot remove from office or otherwise discipline a road commissioner who neglects his or her duties. The Legislature has attempted to alleviate this difficult situation by enacting P.L. Ch. 80 which amends 23 M.R.S.A. § 2701. This amendment clarifies that, under the direction of a majority of the selectmen, the road commissioner is in charge of the repair of all highways and bridges within the town. The amended law specifically provides that in the absence of a statute, charter provision or ordinance to the contrary, any decision involving the duties and responsibilities of the road commissioner shall be made by a majority of the selectmen whose decision shall be final.
The law grants the road commissioner the authority to employ the necessary personnel and equipment and purchase needed material for the road work. Thus the relationship between the selectmen and the road commissioner is very similar to that between the selectmen and the town manager: the selectmen make policy and the road commissioner implements it.
The selectmen determine what road work must be done and set the number and qualifications of the road crew; the road commissioner administers the board's directives (i.e., hiring, setting a work schedule, and purchasing supplies and equipment).
Sometimes municipalities have problems with road commissioners who, for whatever reason, refuse to perform their duties. Holding a meeting between the selectmen and the road commissioner soon after the local election to draw up a work schedule and allocate money for that work can help to avoid problems and misunderstandings. But if such a meeting proves futile, the new law provides a degree of remedy by empowering the municipal officers to act to correct a safety problem if the road commissioner fails to act. If a majority of the selectmen determine that a condition exists in a town way which creates a hazard, the selectmen must give written notice to the road commissioner and order him or her to eliminate it or take interim measures to protect the public within 24 hours. If the road commissioner fails to act as directed, a majority of the selectmen may take any steps necessary to eliminate the hazard.
Finally, the law requires that the road commissioner be bonded to the satisfaction of the selectmen and be responsible to them for the expenditure of money and the discharge of his or her duties generally. The legislative body must provide for the road commissioner's salary. The commissioner must give the selectmen monthly statements detailing his or her expenditures and is prohibited from receiving any money from the treasury unless the selectmen approve. Present law (23 M.R.S.A. §2703) requires the road commissioner to keep accurate accounts, showing in detail all monies paid out, to whom and for what purpose. Road commissioners must settle their accounts on or before February 20th of each year and must report their accounts in detail in the annual report. Ordinarily road commissioners should request a disbursement prior to actual expenditure or before incurring a binding obligation in the performance of their duties. Following this procedure would give the selectmen a certain amount of control over categorical expenditures to ensure that they were being made in accordance with the overall policy guidelines established by the selectmen.
It may be worthwhile for your municipality to develop administrative guidelines that clearly outline the duties and relationship between the selectmen and the road commissioner. MMA has a model policy which is contained in its Municipal Roads booklet, which covers several other aspects of the road commissioner's responsibilities and other road-related issues. The booklet may be obtained by contacting MMA's legal secretary.