Voters to decide if Windham Town Clerk job remains elected position

By Ed Pierce

Just when residents thought the controversy surrounding the Town Clerk position in Windham was settled, a new development will have voters determine in the November election if the job is to remain an elected one or is appointed by the Windham Town Council.

The Windham Town Council has authorized 
a referendum on the Nov. 5 ballot to let
voters decide if the Windham Town Clerk
position should be elected or by appointment
of the council. Windham Town Clerk Linda
Morrell has served in the position for more
than two decades. SUBMITTED PHOTO 

During the Windham Town Council meeting on Aug. 20, comments were received from the public and a motion was discussed by councilors to place a referendum on General Election ballot for Nov. 5 to change the town clerk position from elected by voters to an appointed position by town councilors. A portion of the proposed referendum would have included language to amend the Windham Town Charter to grant councilors the ability to appoint and remove the Town Clerk on a vote of five members and to remove the Town Clerk position from provisions related to elected officials, essentially making the position by appointment of the council without a residency requirement. Councilor Jarrod Maxfield was not present for a vote about the issue on Aug. 20, and councilors deadlocked, 3-3, effectively killing the issue going to a referendum for the time being.

But per council rules, a councilor can petition the Town Council chair to bring up the issue again if there is a substantive change from the proposed original language. Council Chair Mark Morrison said that this was done, and a special meeting was requested to be held prior to a Sept. 5 deadline to include a referendum on the November ballot.

“All obligations were met, and rules of process followed per Windham Council Rules,” Morrison said. “Ample notice was given to the public and council. All steps taken in support of holding this special meeting were reviewed by Windham counsel and determined to be in full order per attorney Mark Bower of the Jensen, Baird, Law Firm.”

Morrison said the issue has come up upon the recommendation of longtime elected Windham Town Clerk Linda Morrell, who sent a memo to the council detailing why she supports changing the position to one that is appointed.

“The Town Clerk’s position should have someone who has clerk experience and who can be dedicated to this full-time position, including night meetings, and working evenings and weekends during election time. As an appointed position you can advertise and have the ability to choose the best qualified candidate,” Morrell wrote in the memo. “If the clerk is elected, anyone in town is able to run, and you may only have one person running who could absolutely have no experience or have any idea of what goes on in the clerk’s office. You cannot require qualifications when electing a clerk. This position has many responsibilities and involves several different jobs, most of which are state-mandated. Learning these jobs requires going to classes and workshops and repeating those classes due to laws and regulations continually changing. It takes two to three years to feel comfortable and knowledgeable in this position because there are so many things to learn and become familiar with. Elections are one of the most important things a clerk has to oversee, and you need to know what you are doing.”

Morrell has said that she will retire someday and that the job is tremendously challenging, and she only wants to ensure continuity and consistency when she does depart the job.

The council’s special meeting was held on Tuesday, Sept. 3, although Councilor John Henry, who had voted against creating a referendum on Aug. 20, had a prior commitment and was unable to attend the meeting. Both Councilor Bill Reiner and Vice Council Chair Nick Kalogerakis spoke during the special meeting, but each left before a vote to advance the referendum was taken.

At the onset of the special meeting, a public hearing was conducted to allow for public comment regarding the matter.

In all, a total of 14 Windham residents spoke during the public hearing, including three former town councilors, and two current clerk deputies serving under Morrell in the Windham Town Clerk’s office. Of those voicing their opinion, 11 speakers opposed sending the proposed change to a referendum, one said she didn’t like the method used in bringing the issue to another vote, and two spoke in favor of sending it to a referendum. Of the emails received by the town regarding the matter, Kalogerakis said those were overwhelmingly against making the Town Clerk an appointed position.

Because language added to the proposal differed substantially from the one previously voted on that did not include a residency requirement and possible waiver of that by the council, according to the town attorney’s opinion, the issue could be voted on again at the special meeting.

But Reiner disagreed with that assessment.

“The reason I don’t support it is I don’t believe it’s a substantive change,” he said.

Kalogerakis said that he not only opposed the original initiative, but he also believes calling for the special meeting after the issue wasn’t moved forward on Aug. 20 sets a bad precedent for the council.

“This is a strange meeting because we all know the outcome,” he said. “We’re being told the sky is falling and that concerns me because my point of view is very different. The town must be prepared for when department heads leave or retire. I want my vote, and that’s what I’m fighting for. The majority of emails and speakers at both public hearings don’t want this. It’s nuts, it’s embarrassing. I’d like to know how it will be worded on the ballot.”

He said what troubles him is the council voting a second time on something that wasn’t passed the first time.

“What’s got me the most is a council vote is a council vote,” Kalogerakis said. "This stinks and I don’t know how the four voting for this can feel positive about this. When this passes, all I can tell you is fight it at the polls because they’ll have to respect it then.”

Maxfield said he understands the concerns about this, but he believes the voters need to be able to have their say about this issue.

“What’s ironic is that all of us with this group are arguing for literally the exact same thing but on different sides of the coin," he said. "We’ve been presented with logical issues by our current clerk that deserve consideration by more than seven people. The people of Windham should have the best option for whoever comes into the job.”

Morrison said in doing more than 20 hours of research about this issue, he found that 24 of 28 nearby towns in Southern Maine had appointed town clerks and that Morrell had brought this issue to the council’s attention and she supports the possible change.

“This is Linda’s recommendation. Who better knows what’s best for our town and we need to take it seriously.” he said.

Morrison, Maxfield, and Councilors Brett Jones and David Nadeau then voted 4-0 to create a referendum on the Nov. 5 ballot asking voters if they supported keeping the Town Clerk position as elected or taking the step to change the Town Charter to make the position an appointed one. <

Referendum seeks voter approval to build new middle school

By Ed Pierce

With Election Day nearing on Nov. 7, a referendum is asking voters in the towns of Windham and Raymond to approve a proposal to construct the proposed Windham/Raymond Middle School at 61 Windham Center Road in Windham.

A referendum seeking approval for RSU 14's proposed new
Windham/Raymond Middle School will be before voters
on Nov. 7. Clockwise are sketches of the school's outdoor
learning area, front entrance, a classroom and a
team-teaching area. SUBMITTED PHOTOS

The total cost of the new school is estimated to be $171,563,889 and the state of Maine would pick up $131,725 million, or 76.8 percent of that amount. That leaves 23.20 percent, or about $31,870,755 remaining with voters in Windham asked to OK gradually funding 80 percent of what’s left or $25,496 million. Raymond voters will be asked to approve gradually funding 20 percent of the remaining cost or about $6,374 million.

RSU 14 Superintendent Christopher Howell said that if the referendum passes, the school district is anticipating that the Windham/Raymond Middle School project will be financed through either two or three separate bonds during construction.

“The stair step approach to financing will provide a gradual increase to the mil rate in both communities,” Howell said. “With updated interest rates, we are anticipating a 28-cent increase in the first year in Windham and a 33-cent increase in Raymond. In the second year, it would roughly increase an additional 41 cents in Windham and 19 cents in Raymond. This is assuming that town valuations remain the same. If three bonds are issued, the steps towards the final mil impact would take place over three years and not two.”

Howell said the district is seeking voter support because both Windham Middle School and Jordan-Small Middle School are older schools and are both in need of significant upgrades in continue to be used as educational facilities into the future.

“The district has the opportunity to develop a new campus with a new energy efficient and secure building that will cost the local taxpayers far less than a renovation project in both buildings. The opportunity is being provided by the Major Capital Construction Program run by the Department of Education,” he said. “Seventy-four schools were rated by the Maine DOE in 2018 and were placed on a priority list that is based on need. Windham Middle School scored fifth on the list. The high rating for WMS was due to several factors that included structural issues in the roofing system of the classroom wing, outdated/inadequate electrical and HVAC systems, and that the building is undersized with one-third of the student population and several applied arts programs taking place in a separate building.”

According to Howell, besides addressing the shortcomings in the current facilities, the project will also help to address areas of programming that are currently lacking in both buildings.

“This will include a science lab for each science teacher, project spaces for students, classroom spaces for academic interventions and special education, increased safety and security for students and employees, classrooms that meet state requirements for minimum size, adequately equipped technology classroom and art rooms, music and performing arts spaces that match current programming, and additional play and competition space outdoors,” he said. “Outside of the direct impact to the middle level, the change in grade configuration will provide the opportunity for the district to provide universal Pre-k for any families that are interested in accessing this service. The facility will be an asset for both communities in the spaces that are provided. The project includes walking trails as well as access to the neighboring Pringle Preserve. The large gym and auxiliary gym spaces provided by that state will provide additional play spaces for youth and adult sports including an indoor walking track for community use outside of school hours. Lastly, the project includes an auditorium that will be accessed by students participating in the performing arts as well as our local community theater programs. Lastly, the two current buildings are slated to be returned to both towns for future community use. In discussions with the leadership in both communities, there has been interest in turning the two schools into community centers.”

The original Windham Middle School was built in 1977 and intended for a capacity of 483 students. That number has grown in the last year to 555 students this year, with sixth graders being housed for some classes at the adjacent Field Allen School, originally constructed in 1949. Jordan-Small Middle School in Raymond was built in 1960 and currently has an enrollment of 184 students.

More than 132 potential 35-plus acre sites were originally identified for review by the RSU 14 WMS Building Committee and then ranked according to transportation accessibility, utility availability, environmental impact, and a range of other factors. The RSU 14 Board of Directors entered into an option-to-purchase agreement with the owner of 61 Windham Center Road in Windham and the owner agreed to take the property off the market for a period of up to two years in 2021.

As part of the proposal to build the new Windham/Raymond Middle School, Windham and Raymond students in Grades 5 to 8 would attend classes there. Windham fifth graders currently attending Manchester School would instead attend the new school, as would Jordan-Small Middle School students from Raymond. The new school is being designed for a capacity of 1,200 students.

Lavallee Brensinger Company of Portland is serving as architects for the construction project and Howell said that the new school is being designed to accommodate teams of two to four staff members.

“The teaming structure will give students the feel of being in a smaller school within the larger school. Each team will have spaces that are dedicated to each of the core subject areas,” he said. “In addition, the building will be structured to allow for the integration of some of the applied arts within the team. The development of the team structure will serve to bring the best possible facilities to each team. In contrast, the original Windham Junior High School, now Windham Middle School was built as a departmentalized Junior High School.”

Howell said that under provisions of the State of Maine Construction Program, school districts must pass a referendum within six months of having the concept for the school approved by the Maine State School Board.

“If a district fails to have a positive referendum within the time frame, the project can be removed from the state funding list,” he said. “The concept for this building project was approved on Sept. 13. In the event of a no vote on this referendum, the building committee and school committee would need to reconvene and look at a revamped project that could be sent out to voters. The additional constraint that we are also working under is the land purchase. Our option to purchase 61 Windham Center Road will expire on Dec. 31 of this year. If a project cannot be passed, any future projects would have to be locally funded.” <

Council-created recall ordinance fails in enactment vote

By Ed Pierce

During a special meeting on Tuesday evening, the Windham Town Council listened to resident’s thoughts about a recall ordinance that councilors were considering enacting despite a citizen’s group referendum proposing different recall procedures having already been placed on the Nov. 7 ballot.

Members of the Windham Town Council were
unable to enact a recall ordinance during a
special meeting on Tuesday, Aug. 29. 
Councilors will conduct a special meeting
on Thursday, Aug. 31 and Tuesday, Sept. 5
to decide if they will create a charter
amendment referendum regarding recalls of
elected public officials.
PHOTO BY ED PIERCE    

After taking public input, reviewing email received by the council and discussing the council’s recall ordinance, councilors voted 3-3 on their proposed ordinance, with Councilors Nick Kalogerakis, Bill Reiner, and John Henry voting no and Councilors Jarrod Maxfield, David Nadeau and Mark Morrison voting yes. Councilor Brett Jones did not attend the meeting and because a total of four council votes were not received, the proposed ordinance was not enacted.

Differences between the citizen’s group proposed recall ordinance, which will be decided by town voters Nov. 7, and the town council’s proposed ordinance, which councilors will now consider as a charter amendment referendum for voters Nov. 7, are in the details.

The citizen’s proposal requires 25 signatures of registered town voters to initiate a recall petition, while town requires 75 to initiate a recall petition. To get the recall to a town ballot, the citizen’s group proposal asks for a threshold of 10 percent of participating voters in the last gubernatorial election, while the town asks for 15 percent of participating voters in the last gubernatorial election.

The citizen’s proposal asks for no less nor more or if already scheduled the number of days to conduct a recall election at 50/60/75, while the councilor proposal is 50/60/90. As for the limits on how soon a recall could be initiated on a public official, the citizen’s group asks for three months after an election, while the councilors’ proposal asks for six months after an election. In terms of the percentage of gubernatorial turnout required for validity of a recall, the councilors’ proposal seeks 25 percent, while the citizen’s group doesn’t require a percentage.

One of the creators of the citizen’s recall referendum petition, Stephen Napolitano, said the councilors’ proposed recall ordinance and consideration of a charter recall amendment referendum undermines the intelligence of town voters.

“In Windham's history, no town council has ever created their own referendum to directly compete with a citizens' initiative referendum,” Napolitano said. “You have to ask yourself ‘why is the town rushing to get their own referendum on the same ballot?’ The town council should do the right thing and wait for the election results in November. On Tuesday night, it was great to see the overwhelming support for The People's Recall Ordinance.”

Another of the creators of the citizen’s recall ordinance referendum, Kristen Day, pointed out in an email to the newspaper the two biggest differences between the proposals is the mode of recall replacement and the voter participation threshold required.

“The town's ordinance has appointment by council of replacement (according to town charter language, the council appoints vacancies), and a minimum threshold for participation for the election result to be valid,” Day wrote. “The People's ordinance has election of replacement for the seat of the recalled (conflicts with the charter so the council would have to move to amend, if the people want it) and as a municipal election the recall is decided by simple majority, no minimum threshold to count the recall result valid.”

Day also wrote that the town's recall charter amendment calls for an election for a replacement for the recalled official, like the citizen’s group proposed ordinance (as a charter item it will apparently not conflict with the appointment for vacancy language) and has a minimum threshold of voter participation needed for the vote to be valid like the town recall ordinance.

“It's complex but the takeaway is the People's petition was signed by 1,541 people, and if it fails, it wasn't the language the town wants. But if it passes, Council will amend it as needed, and raise any changes they want (such as adding threshold) in town meetings,” Day wrote. “The difference is that according to the November vote, we will have heard from the voters, and from there, people will have input on any subsequent amendment process. Alternatively, if the town recall charter amendment is voted through Nov 7, and the people's ordinance is also passed, the charter amendment will become the law of Windham.”

Windham Town Council Chair Mark Morrison said that council members only seek clarity and accuracy in considering a charter amendment recall referendum.

“The reason for the council charter amendment versus the citizen initiative is that our version has been vetted and much clearer than the citizen initiative,” Morrison said. “So, from a clarity and accuracy and defensibility standpoint, this is what we have done. It was not meant to leapfrog anyone or to undermine, probably a better word, we are not.”

Councilor John Henry said the councilors’ proposed ordinance and consideration of a charter amendment recall referendum were fair and honest.

“I can assure you the process taken here was in good faith and above board,” Henry said. “The metrics we came up with to get it on the ballot are fair, not put in place to protect our positions, but to protect voters.”

Councilor Nick Kalogerakis said he was pleased with the turnout of Windham citizens wishing to share their thoughts regarding the council’s proposed recall ordinance at the meeting.

“My biggest complaint since I’ve been in office is you don’t hear from the people, so I thank you for coming out tonight,” Kalogerakis said. “The issues I have with the people’s ordinance is the numbers are too low and it could circumvent the democratic process. I don’t support putting this in the charter either. It’s a very tough spot to be in.”

Councilor Bill Reiner said he was opposed to enacting a councilor ordnance because of the speed with which it was drawn up and discussed.

“Rush, rush, rush the ordinance and a rush to vote on the charter amendment,” Reiner said. “It’s too much, too fast, too quick. We need to put the brakes on. A charter agenda item should be clean and accurate. If this was coming up about a different item in July, we would not be doing it this fast. I absolutely do not support the charter amendment going forward. The ballot is getting so congested, it’s confusing.”

Councilor Jarrod Maxfield said the state’s recall guidelines mandate that an official can be recalled only if a public official is convicted of a crime against a state agency while in office, while the council’s proposal spells out that a loss of voter confidence while in office is grounds for a potential recall.

He also said he believes that Windham needs accountability for elected officials through a recall procedure that is fair and respects the wishes of a majority of town voters.

“We were told they would not have signatures in time and that’s when we put something forward,” Maxfield said.

Councilor David Nadeau said that a council consensus led to the council’s recall proposal, and it was not created to conflict with any other referendum.

“We heard they weren’t getting the votes and we all agreed we needed a recall ordinance,” Nadeau said.

The council will hold a special meeting at 6 p.m. Thursday, Aug. 31 at Windham Town Hall regarding its charter amendment recall referendum proposal. During that meeting, a public hearing will be conducted allowing town residents to share comments about the council’s charter amendment recall referendum proposal. The council also will meet at 6 p.m. Tuesday, Sept. 5, and at that meeting a vote will be taken to determine if the council’s charter amendment recall proposal will be placed on the Nov. 7 ballot.

One issue that the council has already decided about the Nov. 7 ballot is whether to create a referendum for voters about making the Windham Town Clerk position an appointed position or keeping it as an elected position.

During Tuesday’s council meeting, Windham Town Clerk Linda Morrell said she brought up the idea of converting the position to an appointed one and not requiring them to be a Windham resident to councilors when thinking about what would happen after she leaves office. She said she has no immediate plans to retire just yet but worries about the possibility of no candidates coming forward to run for the job or a person elected to the position who is not qualified to handle all its responsibilities sufficiently.

Morrell, who has served as Windham Town Clerk for the past 29 years and was Deputy Town Clerk for seven years before that, said she hopes to continue to serve, but wanted the council to be aware of what could happen.

The council voted to postpone taking any action about the town clerk position until the second quarter of 2024. That way, if it is decided to create a referendum for voters, the maximum number of town voters would have an opportunity to vote on a measure because it would coincide with the 2024 presidential election which typically draws the largest number of voters in Windham elections. 

Timeline of events regarding recall ordinance

Dec. 28, 2022 – Kristen Day of citizen’s group asks Town Clerk to clarify procedures for recalling elected public officials.

April 21, 2023 – Citizen’s group receive instructions for Windham Town Clerk about pursuing charter amendment or ordinance for recalling elected public officials.

May 6, 2023 – Citizen’s group request to have Windham town attorney review language of proposed ordinance submitted to Windham Town Clerk.

May 10, 2023 – The proposed ordinance created by the citizen’s group is reviewed by group’s attorney.

May 18, 2023 – Town Clerk advises based upon a review by Windham Town Attorney that the citizen’s group that a language change was needed to change “town committee” to “town council” in proposed ordinance and that Secretary of State’s office was reviewing document.

May 19, 2023 – Citizen’s group notified Secretary of State’s office and Windham Town Attorney had reviewed proposed ordinance and citizen’s petitions were available to be picked up to obtain a minimum of 1,465 signatures of registered Windham voters to have a referendum put on the Nov. 7, 2023 ballot about the recall ordinance.

July 9, 2023 – Citizen’s group emailed Town Clerk informing them that the possibility existed of the group not getting the required signatures by the end of July.

July 11, 2023 – Windham drafts language for a council-initiated charter amendment addressing recall procedures.

July 31, 2023 – A total of 1,541 signatures of registered voters collected by citizen’s group is certified by Town Clerk placing a referendum on the Nov. 7 ballot for the citizen’s group proposed recall ordinance.

Aug. 15, 2023 – Windham Town Council discusses possible charter recall amendment to be placed on the Nov. 7 ballot during meeting and takes public comment about enacting a recall ordinance with language differing from citizen’s proposed ordinance already on Nov. 7 ballot.

Aug. 29, 2023 – A public hearing is held by the Windham Town Council about the proposal to enact its own recall ordinance. Councilors then voted 3-3 with Councilor Brett Jones not attending the meeting. With four votes required, the council’s recall ordinance fails.

Aug. 31, 2023 – The Windham Town Council will conduct a public hearing about placing a charter amendment regarding recall procedures on the Nov. 7 ballot with language differing from the citizen’s proposed ordinance already on the same ballot.

Sept. 5, 2023 – Windham Town Councilors will vote about placing a charter amendment regarding recall procedures on the Nov. 7 ballot with language differing from the citizen’s proposed ordinance already on the same ballot.

Recall ordinance measures provoke differing opinions in Windham

By Ed Pierce

The debate over recalling elected municipal officials before their term is completed and removing them from office has arrived in Windham and two tracks have emerged as to how to best establish procedures for adding this to the town charter. Earlier this summer, a citizen’s group launched a petition drive to create a recall ordinance and collected enough signatures of registered voters to place a referendum on the ballot in town this fall. The Windham Town Council also developed a recall ordinance and will vote to implement it at a council meeting on Tuesday night.

A citizen's petition to create recall procedures for town and
RSU 14 elected officials has received enough signatures to
be on the ballot this fall in Windham, but on Tuesday
evening the Windham Town Council will vote on a more
detailed recall ordinance to be added to the town charter.
PHOTO BY ED PIERCE  

While there are common aspects contained in each proposed ordinance, there also are some striking differences and the citizen’s group says that the town council ordinance is nothing more than a way to help protect elected officials subject to recall, which councilors and town administrators deny. Both groups say they are trying to be fair to voters and elected officials but put an ordinance in place in Windham that holds public officials accountable.

“Having a recall ordinance makes sense and provides a check and balance approach to local government,” said Barry Tibbetts, Windham Town Manager. “Ordinances with the least amount of uncertainty and with greatest clarity provide the least costly measures of implementation. I personally have always felt simple government, ordinances, rules etc., whenever possible are the best, this is not easy to achieve. The citizen petition did a good job in bringing this forward so that is a win for all, as with any initiative getting the “T’s” crossed and “I’s” dotted can be challenging.”

Kristen Day of Windham, who is part of the citizen’s group leading the petition drive for the recall ordinance referendum, says that there is nothing questionable or controversial about their proposal from a civic perspective.

“Ours is a non-partisan citizen’s initiative, and as such, we are proposing this language which we believe is in the best interest of every voting resident of Windham,” Day said. “The town has the opportunity to decide the outcome by doing their civic duty. And should it pass, any citizens can follow the process outlined in our Town Charter, as we have, to propose amendments to the ordinance.”

Under the terms of the citizen petition, any elected official may be recalled and removed from office by the qualified voters of the town. According to the petition, recall is intended to be used when, in the opinion of the number of voters hereinafter specified, an elected official, acting as such, has caused a loss of confidence in that official’s judgment or ability to perform the duties and responsibilities of the office.

The citizen’s group petition also specifies that any 25 qualified voters of the town may file with the Windham Town Clerk an affidavit containing the name of the official sought to be recalled and a statement of specific facts to support the grounds of recall. The Town Clerk would then send a copy of the affidavit to the official targeted for recall to the Windham Town Council. A petition would then be issued and must be returned within 30 days signed by registered voters of the town equal to at least 10 percent of the number of votes cast in the town during the last election for governor, but no less than 100 voters.

The Town Clerk would allow five days for the filing of legal challenges to the signatures on the petition. If no such challenges are filed, the Town Clerk would certify and submit the petition to the Town Council. At that point, the Town Council would give written notice to the official named in the recall and, if the official sought to be removed does not resign within five days, councilors would order an election to be held on a day fixed by them not less than 50 nor more than 60 days after the date of the Town Clerk’s certificate that a sufficient petition was filed.

The citizen’s petition also specifies that if any other town election is set to occur within 75 days after the date of said the Town Clerk’s certificate, the Town Council may, at its discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in the office after a recall election has been so ordered, the election shall nevertheless proceed as in this section provided. If the official sought to be recalled so requests, the WindhamTown Council shall make provisions for a public hearing on the matter, said hearing to take place not less than seven days prior to said election.

Petition details also ask that any official being recalled shall not be a candidate in the recall election. The nomination of candidates, the publication of the warrant for recall election, and the conduct of the same shall be in accordance with the provisions of the laws of the State of Maine relating to elections. Nomination petitions for candidates at the recall election shall be filed with the Town Clerk within 15 days after the date of the filing of the certificate of the Town Clerk as to the sufficiency of the recall petition.

Terms in the petition also require that the incumbent official shall continue to perform the duties of the office until the results of the recall election are certified. If the official is not recalled by voters, the official shall continue in office for the remainder of the unexpired term, subject to subsequent recall. However, if a subject is recalled by voters, the official would be removed upon the certification of the election results. In the event the recall petition is passed, the candidate receiving the greatest number of votes shall be deemed elected for the balance of the term of the official recalled.

The citizen recall measure also mandates that no recall petition shall be filed against an official with fewer than 60 days of term remaining or within three months after such official assumed office, nor, in the case of an official subjected to recall election and not removed thereby, until at least three months after that election. It also requires that no person who has been recalled from office or who has resigned from office while recall proceedings are pending shall be appointed to any town office or town board, commission, or committee within two years after such removal by recall.

If the referendum is approved by voters in November, it would replace all prior Town of Windham recall ordinances.

The language in the Windham Town Council’s proposed ordinance is more specific regarding certain provisions.

Under grounds for recall, elected town officials serving as a Town Councilor or a member of the Regional School Unit 14 Board of Directors elected by Windham voters could be recalled when, in the opinion of the number of voters specified an elected official has caused, through actions while in elected office, a loss of confidence in the official’s judgment or ability to perform the duties and responsibilities of the office.

The council’s proposed ordinance differs from the citizen’s petition in that it requires 75 qualified voters of the town to file with the Town Clerk an affidavit containing the name of the official sought to be recalled for actions in office, and a statement of specific facts of up to 200 words to support the grounds of the recall. The Town Clerk would then transmit a copy of the affidavit to the official who is the subject of the affidavit and to the Windham Town Council. The subject of the affidavit may submit a rebuttal statement within four business days of the Town Clerk’s transmission of the affidavit. Within five business days after the date of the filing of the affidavit, the Town Clerk would deliver to the 75 voters a sufficient number of copies of petition blanks for the requested recall.

The recall petition would have to be returned and filed with the Town Clerk within 30 days after issuance of the petition. Once returned, the Town Clerk would be required to determine that at least 15 percent of the number of participating voters in the last preceding gubernatorial election signed the petition. Once that is done, the Town Clerk would then deliver the petition to the Registrar of Voters, and the Registrar of Voters would have 10 business days to certify the number of signatures of qualified voters.

If the petition shall be certified to be sufficient by the Town Clerk and the Registrar of Voters, the Town Clerk shall allow five business days for the filing of legal challenges to the signatures on the petition. If no such challenges are filed, the Town Clerk would then certify and submit the petition to the Town Council. The Town Council would give written notice to the target of the recall and, if the official sought to be removed does not resign within five days, they would order an election to be held on a day fixed by them not less than 50 nor more than 60 days after the date of the Town Clerk’s certificate that a sufficient petition is filed.

Should any other town election occur within 90 days after the date of the certificate, the Town Council could, at its discretion, postpone the holding of the recall election to the date of such other elections. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed and if the official sought to be recalled so requests, the Town Council shall make provisions for a public hearing on the matter, said hearing to take place not less than seven days prior to such election.

The council’s proposed ordinance also mandates that if a member of the Town Council is recalled, any such vacancy shall be filled in accordance with Article II, Section 2.D of the Town Charter. If a member of the Regional School Unit Board is recalled, the Town Council shall select an interim director for the town to serve until the next annual municipal election. An election shall be held at the next municipal election to elect a director to fill the vacancy.

An incumbent official shall continue to perform the duties of the office under the council’s proposal until the results of the recall election are certified. If not recalled, the official shall continue in office for the remainder of the unexpired term, subject to subsequent recall. If recalled in the recall election, the official shall be removed upon the certification of the election results.

Terms of the town council’s ordinance require that no recall petition shall be filed against an official with fewer than 60 days of a term remaining or within six months after such official assumes office, nor, in the case of an official subjected to recall election and not removed until at least six months after that election.

The councilors’ ordinance specifies that the total number of votes to recall an elected official shall be no less than 25 percent of participating voters of the last preceding gubernatorial election. If the recall fails to meet this total, then the elected official shall not be recalled from office, regardless of the result of the vote on the recall. When a recall fails, the official shall not be subject to another recall petition until at least six months after the failed vote.

Tibbetts said that if the council votes on Tuesday evening to enact its recall ordinance, it would take effect in 30 days or on Sept. 29.

“The citizen petition if voted in the affirmative would take effect in November and replace the council’s action but those sections where the citizen petition is in conflict would be eliminated by a council vote,” Tibbetts said. “Since the citizen petition is an ordinance, the Windham Town Council can amend it at any time. Those amendments most likely would bring it back to the existing council ordinance tentatively approved on Aug. 29.”

If a charter amendment by the council is approved, it would override all the ordinances, replacing them, and according to Tibbetts that language is identical to the council ordinance.

“Another question relates to when this goes to a vote, that by charter states the council has 30 days to set the date, hence the November vote,” Tibbetts said. “The charter amendment would not allow any modifications unless 30 percent of participating voters in the last gubernatorial election approved of them if those changes were sought it could be by Council initiative or citizen initiative.”

Councilors also will vote Tuesday night to protect the integrity of the Windham Town Clerk position from partisanship by changing it from an elected position to an appointment. Linda Morrell has served as Windham Town Clerk for the past 28 years. <

Town of Raymond's budget process in full swing

Proposal aims to keep taxes low, essential services intact

Members of Raymond's Budget-Finance Committee will meet
with members of the Raymond Board of Selectmen and the
town manager during a meeting to review and examine the
town's preliminary budget proposal on April 6. Raymond Town 
Manager Don Willard has submitted an initial budget of 
$17,299,207 for 2021-2022. PHOTO BY ED PIERCE   

By Ed Pierce

As the Town of Raymond’s budgetary process for Fiscal Year 2021-2022 continues to unfold, the focus remains squarely on holding spending in check while maintaining essential services for town residents.

Starting in March, the Raymond Board of Selectmen began preliminary discussions regarding the budget and will meet again with the Town Manager, Town Finance Director and members of the Raymond Budget-Finance Committee on April 6 to continue to come up with a proposal to offer to voters during the annual town meeting in June. Because of the pandemic, it is uncertain if voters will gather for the town meeting, but if not, like in 2020, voters could be asked to approve the budget by referendum.          

According to Raymond Town Manager Don Willard, certain goals and priorities guided town staff in formulating a budget proposal for the coming year.

“We want to maintain or lower the tax rate and continue the commitment to improve and maintain town roads,” Willard said. “We are aware that the town’s undesignated fund balance can be used within existing policy to keep taxes low and that all budget areas are on the table for discussion and review. Lastly, we are aiming for a core-service driven budget.”

Willard said Raymond’s municipal budgets have remained flat for the past few years and he expects that to be the case once more when a final proposal is agreed upon by the Raymond Select Board.

In a letter in February to the Raymond Board of Selectmen and the Raymond Budget-Finance Committee, Willard said a working draft shows only a 2.46 budget increase for 2021-2022 and that figure did not include contributions from the undesignated surplus fund balance.

“New property valuation growth continues to be strong,” Willard wrote in the letter. “The budget does factor an estimated $7.5 million increase in new taxable property valuation that will reduce the impact of any increased spending.”

Willard said several other factors that are beyond the control of the town when formulating the new town budget are the Cumberland County’s budget and the school’s budget. RSU 14 is expected to submit its 2021-2022 budget proposal later this spring. 

In opening the 2021-2022 budget discussion, the Raymond Board of Selectmen and Town Budget-Finance Committee are reviewing Willard’s initial proposal of $17,299,207.  Last year’s budget for Raymond was $18,148,036.

No major equipment purchases such as fire trucks are planned by the town in the coming year, Willard said.

The initial budget proposal under study includes $76,393 for Tassel Top Park, up from $50,195 from last year. Revenues for Tassel Top Park actually rose by 26 percent in the past year and some of the requested increase in funding could be used to hire a split position with the town’s public works department for a parks maintenance foreman.

The new budget proposal also includes additional funding for town election workers as the minimum wage rises; $3,500 to repair broken and leaning old headstones in the Raymond Village Cemetery, and $3,000 requested by the town clerk’s office to conserve and de-acidify some of the oldest town records written on parchment paper more than 250 years ago.

Selectmen and Budget-Finance Committee members could approve a budget proposal to continue to invest in fiber networking infrastructure to eliminate monthly costs of ISP connections for the Town of Raymond’s network and $7,500 to manage town videography services.

The Raymond Public Works Department is requesting $2,000 for road striping service and $50,000 for road paving while Raymond Fire-Rescue is requesting funding for a staffing study to help resolve manpower issues and attract new qualified firefighters and EMTs to the town.

The proposed budget also includes a contribution for the Lakes Region Explorer public transportation system and funding for regional animal control services along with Casco and Naples.

Town debt service from existing municipal bonds under the initial proposed budget remains unchanged from the 2020-2021 budget at $317,800. <       

Raymond seeks feedback as initial RSU 14 withdrawal proposal approved

If approved by Raymond residents in a referendum
on Nov. 3, Jordan-Small Middle School, shown, and
Raymond Elementary School would fall under
the control of a new Raymond School Board and
officially withdraw from RSU 14. High school
students living in Raymond would be given
a choice of where to attend high school under
the proposal. PHOTO BY ED PIERCE

By Lorraine Glowczak

In May 2018, Raymond resident Teresa Sadak began circulating a petition among the town’s registered voters to begin a process to withdraw from RSU14. She collected 353 signatures and presented those signatures and the petition to the Raymond Select Board on June 19 of that same year. The select board voted to accept the request and move forward on the withdrawal effort at that time.

Last week the Maine Department of Education gave its initial approval to Raymond for its withdrawal plan, which now moves forward to a process of public hearings and workshops prior to a town referendum vote on the issue on the November ballot. 

“I have been very concerned about Raymond’s level of input and the lack of local control we have had regarding the school district’s decisions,” said Sadak, who is also a member of the Raymond Select Board. “When the new Windham Public Works Building was voted on two years ago and is now newly built, we as members of the RSU were not given a say on how that would increase Raymond’s school funding. Additionally, Jordan-Small has plenty of space to share with Windham students and the RSU is not making use of space available to them. Instead, they are placing portable buildings to address overcrowding in the Windham schools which increases tax revenue. These are my concerns and I think it is time to be self-sufficient, having control over our own schools.”

Sadak’s petition was the first step in a 22-step process required by the State of Maine’s Department of Education. All municipalities must adhere to this process as part of a withdrawal from a regional school unit or school administrative district. 

After about two years of meetings with direction from Educational Consultant, Dr. Mark Eastman and Town Attorney Dan Stockford, members of the RSU Withdrawal Committee are ready for step number 17.

Informational meetings will be held to allow for public hearings on any withdrawal question and concerns Raymond citizens may have.

Members of the Withdrawal Committee include: Sadak as the petitioner, Rolf Olsen represents the Raymond Select Board and is Chair of the committee, Kate Leveille is member of the RSU14 Board

and Joe Bruno fills the role of Raymond citizen.

The dates for the RSU14 withdrawal committee informational meetings are:

** Thursday, Sept. 10 at 7 p.m. Meeting will be via Zoom.

** Monday, Sept. 14 at 6 p.m. Meeting will be via Zoom.

** Thursday, Sept. 17 at noon. Meeting site to be announced.

** Tuesday, Sept. 22 at 7 p.m. Meeting at the Jordan-Small Middle School auditorium.

** Monday, Sept. 28 at 6 p.m. Meeting will be via Zoom.

“If people wish to e-mail a question ahead of time, which will be read and answered at the meeting, it can be e-mailed to RSU.Withdrawal@raymondmaine.org,” Olsen said. “Information for getting into the Zoom meetings will be posted on the Town of Raymond website at www.raymondmaine.org.”

Under the proposed withdrawal plan, Raymond, which first consolidated with Windham schools in 2008, would form a new school board, hire a superintendent and administer Raymond Elementary School and Jordan-Small Middle School. Raymond students could choose the high school they want to attend if the new high school district is able to accept the new Raymond district’s tuition payment. Right now, a total of more than 80 percent of high school students in Raymond are attending Windham High School.     

There are some concerns about the possible withdrawal from the school district and Leveille shared

some of those apprehensions.

“As a parent of a young child at Raymond Elementary School, I have been extremely pleased with the education and services that my child has received as an RSU and see no need to add more change to our child’s lives especially during the current pandemic,” Leveille said. “I also have concerns about the quality of administrative staff currently available in Maine. If the withdrawal does occur, we would need to hire a new superintendent in a time when quality superintendents are scarce. Additionally, while the current proposal guarantees that teachers will have the same contract, it is a one-year guarantee. As for the concern that because there are only three Raymond representatives on the school board that votes can never go in Raymond’s favor - I can assure you, that in the two and a half years that I have been on the school board, no one votes with a Windham or Raymond motive.”

Whatever point of view one may have regarding the RSU14 withdrawal, both perspectives want the best for the students and their families.

“This is an exciting opportunity for the town,” Raymond Town Manager Don Willard said. “Raymond was once nationally recognized for its schools of excellence, prior to the RSU merger and I would like to see us achieve this distinction once again. When you combine local control and schools of excellence with school choice, you have a formula that will make the town an even more desirable place in which to live.”

The 18th step will take place during the Nov. 3 general election which will provide Raymond residents with the opportunity to vote for or against the RSU 14 withdrawal.

For more information about the proposed RSU 14 withdrawal, contact the Raymond town office at 207-655-4742. <