Home Rule
This document is reprinted with permission from "The Manager Plan in Maine" published by the Margaret Chase Smith Center for Public Policy. Copies of the complete book may be obtained by calling the Center at (207) 581-1646.
In May, 1970, Maine joined the ranks of over 40 other states which provide municipal home rule. Maine has non self-executing, constitutional home rule. That is, municipal home rule has been granted in general terms by the Maine Constitution, but the specific meaning of the home rule grant has been spelled out in an implementing statute. Hence, the philosophy of home rule is contained in the Constitution, and its meaning has been defined by the Maine Legislature.
The grant of home rule to municipalities has two components. First, all towns and cities are authorized to alter or amend their charters "on all matters, not prohibited by Constitution or law, which are local and municipal in character." Second, any town or city may, through ordinance or by-law, "exercise any power or function which the legislature has power to confer upon it, which is not denied either expressly or by clear implication, and exercise any power or function granted to the municipality by the Constitution, general law or charter."
Home rule means that Maine cities and towns no longer need to go to the legislature to obtain either a municipal charter or to amend a charter. (Towns and cities, however, can be incorporated only by special act of the legislature.) This can be done by the local voters through the legislatively authorized procedure. The procedures to be used in charter adoption or revision are detailed in state law. The question of whether or not to have a charter commission is decided by the voters. This question or any proposed charter amendments may be placed on the ballot either by initiative of the voters or by action of the municipal officers. If the voters establish a charter commission, six of its members are elected at-large on a non-partisan basis at the time the question is decided. Three more charter commissioners are appointed by the municipal officers.
The charter commission has ten months to file its final report. The commission is required to hold at least one public hearing and file a preliminary report after eight months. After the final report is received, the municipal officers are required to submit the recommended new charter proposal or charter revision to the voters. The charter commission continues in existence until 30 days after the vote on the charter amendment or proposed new charter.
Finally, to prevent passage or defeat of a proposed new charter, charter revision or charter amendment by a small minority of the voters, at least 30 percent of the total votes cast at the most recent gubernatorial election must be cast for the question. Otherwise, the outcome of the election is invalidated.
In addition to local charter development, home rule broadened the scope of municipal power to include authority to enact local ordinances on all matters not precluded by the Constitution or state statutes. Prior to home rule, Maine towns and cities had only powers specifically delegated in law or fairly implied from the specific delegation. Through the home rule ordinance authority power, municipalities are delegated a realm of powers not denied but also not available, because they were not expressly delegated.
Home rule provides municipal governments with broad flexibility to adjust form and administrative structure to meet changing needs. It allows for a community to construct its local constitution, the charter, from the bottom up. Although the new town manager law continues to be adopted, an increasing number of municipalities are adopting their own unique charters to meet their individual needs and philosophies of local government.