letter to the editor

Home rule means we do not have to align with state law

Mon, 06/05/2023 - 3:30pm

    Dear Editor:

    In 2007 I participated in a public-private government contest for small businesses that impressed me as exploitative and so I began reading the statutes and other history found at the Maine Legislative Library. My research concentrated on the years since 1976, when under Governor Longley, the Maine Legislature declared that “centrally managing the economy is an essential government function” adding that it must be done by public private relationships. The Governor’s Report of 1976 identifies “eliminating the referendum on municipal bonds,” found in the home rule amendment of the Maine Constitution, as a primary objective.

    Recently I submitted three written testimonies pursuant to the “repealed and replaced” school charter to public testimonies for LD 1786 found on Maine Bill Search.

    Because Maine is a home rule state, the authority of our local charter has priority over state law. The proponents of the bill reasoned that in order to eliminate future conflicts with state law, the replacement charter will be “aligned with state law.” These words can be interpreted as relinquishing the Boothbay School District’s home rule rights. My testimony challenges that the boards have the authority to amend the school charter as home rule grants that authority to the inhabitants of the municipality, requiring. at minimum, a public referendum.

    The advocates for the replacement charter said only that it would be aligned with state law to “eliminate future conflict” with state law, which means “eliminating alternate views”, a right guaranteed by the home rule amendment.

    The public hearing, where I was the only opposition voice present, was not advertised, perhaps so as to eliminate conflict.

    I hope that readers will take the time to consider the opposition view in the permanent public record on Maine Bill Search.

    My first testimony is a discussion of what is in state law. My second shorter testimony was written to be spoken as I did not believe I would have a chance of being heard if I did not present a spoken testimony. My third testimony presents what I think should be in the school charter.

    Susan M. Andersen

    Boothbay