Town of Kittery, ME - Public Service Handbook

The purpose of this handbook is to provide you with background information on the Town and its government and to introduce you to your role in that structure. It includes, first, a general history of the Town and a description of its government and administration. The majority of the handbook is directed specifically to operation procedures, and the responsibilities of Board and Committee members. Finally, the handbook reviews conflict of interest laws and Freedom of Access Laws that apply to Board, Committee and Council members.

The Town of Kittery considers volunteers a great natural resource. The mission of the volunteer program is to enhance town programs and services by matching the varied talents of concerned individuals of all ages, interests and skills with a wide variety of interesting and challenging municipal projects. Volunteering doesn't demand special training or education - only a degree of care, concern and commitment. How much time is required? It all depends on your schedule and the board/committee you choose. It could be several hours each week or only a few hours now and then.

While you will find that your role requires time, effort, and some long evening meetings, it also provides an opportunity for genuine public service. You will be able to help shape the future of Kittery and to make decisions affecting every citizen's satisfaction with the Town. The Town of Kittery needs your personal resources and enthusiasm in order to maintain the qualities of the Town that are enjoyed by its residents. Volunteer Board, Committee and Council Members work together to accomplish policy formation for the Town. The performance of public service brings with it the feeling of contribution and you will most likely develop a close relationship with other volunteers, all working toward a common end of providing for the community, its citizens and its future.

As members of Boards, Committees or the Town Council, you are essential to the Town's commitment to developing policies and services that reflect the needs and values of the community. In carrying out your responsibilities, you will work closely with your fellow Board members, the Town Council, and staff - all of who play a critical role in the Town organization. The Town Council may also appoint citizen s to study particular, short-term issues.

The Town of Kittery, Maine, takes its name from the manor of Kittery Court located on Kittery Point in Kingsweare, Devon, England, across the river Dart from the city of Dartmouth. The old manor house is standing. From Kingsweare the Shapleigh family, first settlers and proprietors of Kittery Point, Maine, came to New England. Colonel Charles Banks, to whom the discovery of the origin of the name is due, also mentions the word Godmorrock, an early name of the castle of Kingsweare, the home of the Shapleighs, which was given to land in Kittery, but remained for only a brief time.

Nicholas Shapleigh, the builder of the first house at Kittery Point, Maine, and the only emigrant to come in his own vessel, was a man of substance and influence. During the troublesome times of the changing governments in the seventeenth century in the Province of Maine, he was either elected or appointed to most of the offices in the hands of the government or the people. A loyal follower of Gorges and his King, as Provincial Councillor, he was, however, among the first to take the oath of allegiance to Massachusetts in 1652, where by his weight of character and popularity, he became special commissioner for holding courts, county treasurer and seargeant-major of the Yorkshire militia.

John Josselyn, writing in 1663, said: "Towns there are not many in this province. Kittery situated not far from Passacataway is the most populous." In 1652, when the people of Kittery submitted to Massachusetts, it was recognized as a municipal township and along with York received a guaranty of equal privileges with other towns of Massachusetts.

The Town Council acts as the governing body of the Town, with all the regulatory and corporate powers of a municipal corporation provided under the Maine law. In general, the Council supervises the operations of town government by establishing Town policies and programs and appropriating funds for each Town department.

The Town Council consists of seven (7) Council members. The Council is the policy-making body of the Town and is held ultimately responsible for implementation of all programs and services provided by the Town. The Council approves most ordinances, resolutions and contracts. The Council reviews proposals for community needs, initiates actions for new programs and determines the ability to provide financing. The Council approves and modifies the budget as prepared by the Town Manager and staff.

Committees and Boards are standing bodies established by a State statute, Town ordinance and/or Town Charter and appointed by the Town Council to provide ongoing citizen input on major policy areas. Most appointments are for three years and terms are staggered to provide for continuity. The term "board" or "Committee" members will be used interchangeably and in lieu of Commission/ Committee/ Commissioners." In this handbook, the generic term "Board" includes Authority; Commission; Committee; Council; Trust. The responsibilities of the members include:

The Town Staff, under the direction of the Town Manager, is responsible for carrying out the policy of the Town Council, enforcing ordinances and implementing programs and services. The Town Manager is appointed by and reports to the Town Council. All other Department Heads and staff members are hired by, and responsible to, the Town Manager. As the Town's Chief Executive Officer, the Town Manager oversees responsibilities for the day to-day administrative affairs of the town, including assigning staff liaisons to assist the various boards and Committees. Committees and Boards work closely with the staff liaisons; however, they do not have the authority to supervise or direct the work of staff. Special assignments to staff are made through the Town Manager.

The Town Manager is appointed by the Council and serves under the terms of an employment contract. The Manager is the administrative head of the Town Government and is subject to the direction of the Town Council. The Manager is responsible for the efficient administration of all the affairs of the Town, which are under his/her control. The Town Manager's responsibilities include the following: enforcement of ordinances; responsibility and direction over all employees; preparation and submittal of the annual budget, and chief advisor to the Town Council. The Town Manager reports to the Town Council and holds a non-elected, salaried position. The Manager has the further responsibility to project future program needs and services and determines the financial, personnel and social impacts of these decisions.

The Town Attorney is contracted by the Town Council to provide legal services on an hourly basis to the Town. The Attorney's services are coordinated at the management level. The Town Attorney also provides day-to-day information to the Town staff on legal matters and acts as the Town's representative in legal actions. The Town Attorney is accessed through the Town Manager by request of a Chairperson.

The Town retains the services of an engineering firm as the Town Engineer. This is on a contract for service basis and utilization of the service is dependent upon need. Periodically, additional services are required and they, too, are provided on a contract basis. Engineering services are available to all functions within the Town organization.

The responsibility for compliance with appropriate hiring procedures and other employment laws lies with the Town Manager with assistance of the Manager's staff and the Personnel Board. The Town Manager, through the Personnel system or Union contracts, oversees the compensation and is responsible for the hiring, firing, promoting, disciplining and motivating of Town employees. Day-to-day personnel actions are handled at the department level.

There should be a two-way communication so that the Boards and Committees are aware of the long and short-term goals and policies that the Town Council has adopted or may be promoting. The Town Council should know of the work in progress or being planned by the Boards and Committees so that the Council is receptive to new ideas that may be presented to them.

In most cases, there is one staff person or Town Councilor assigned to serve as a liaison between the Board/Committee, the Council and staff to research and investigate questions raised by the Committee or Board. More than likely, staff will be responsible for letting the Boards and Committees know what is happening in the organization, what issues need Committee/Board direction, and will probably suggest alternatives that the Boards and Committees may consider. Staff or Council liaison suggestions may not be accepted all the time, but it is important that good relationships exist between the Boards and Committees and staff, so that together a reasonable solution can be derived. The following are some ways to avoid misunderstandings and to keep the channels of communication open:

The staff and Town Council liaison has a responsibility to keep the Boards and Committees informed. Staff does this by making sure that other employees, and all Boards and Committee members know the purpose and goals of the organization. The staff person is also responsible for suggesting methods whereby the Boards and Committees can accomplish these goals by:

Boards and Committees have a varying number of members appointed by the Town Council for usually a three-year term. The Town Council will interview applicants to the different Boards and Committees, as per its Selection Procedures, either through an individual Councilor interviewing the applicant or for applicants to the Planning Board, Cable Rate Regulation Board and Zoning Board of Appeals, the entire Town Council - or with at least a quorum present - is required to interview the candidate for appointment. Members on Boards and Committees are asked if they wish to be considered for reappointment by the Town Clerk, who sends a letter with a re-appointment form, 60 days prior to the extension of the member's term.

From time-to-time a vacancy occurs on a Boards and Committees during a term. When this occurs, the waiting list of available applicants for the vacant board will be used. If there is no waiting list of available applicants, the Town staff will advertise that a seat is available and ask for applications. The Town Council will then appoint a person to complete the vacated term, following the established procedure.

Boards and Committees, as well as the Kittery Port Authority, find themselves uniquely situated in the government organization. Appointed volunteers receive no compensation. Members are appointed, not elected, and they may not represent an identifiable constituency. In some cases, they have considerable authority and staff can easily implement their recommendations, while in other areas their function is as advisors to Town Council, without any authority. The Town's Boards and Committees exercise the authority delegated to them by the Town Council as set forth in the Town's ordinances and Charter, with exception of the Kittery Port Authority, which has its authority defined under State statute.

Special meetings may be called when needed for the transaction of business. The calling of all meetings must satisfy the requirements of the Town Charter, Ordinances and State and Federal Laws, and meetings will be conducted using Robert's Rules of Order. Business may take place only at special or regular meetings if a quorum of the Board's and Committee's members is present.

Purchases relating to or in conjunction with the work of the Boards and Committees may be made using the Board's and Committee's budgeted funds. Once a majority of the Boards and Committees at a meeting votes in favor of expenditure or grants the Chairperson the authority to purchase, the procurement must be approved by town staff (and Town Manager based on amount). This helps assure that the funds, which are public funds, are expended in accordance with applicable laws and Town financial procedures.

All Boards and Committees meetings are open to the public and must be held in a publicly owned building or facility that accommodates ADA requirements. Most meetings should have an agenda posted prior to the meeting. Location of the agenda posting is at the Municipal Complex 200 Rogers Road Extension. An additional posting should take place at the building or facility that the meeting is actually held if it is not the Municipal Complex. All agendas should have the basic information of the Meeting date, location (including room number), time and items to be discussed.

A Chairperson of a Board or Committee who finds their meeting of the Board and Committee requires cancellation, shall notify their staff or Council liaison person or the Town Manager's staff of the cancellation. The posted agenda will be replaced with a notice of cancellation at each of the posting locations. During inclement weather, the Town Manager may close the Municipal Complex for safety reasons. When that occurs, meetings scheduled for that day will be cancelled. The Town Manager's staff will notify the affected Board's and/or Committee's chairperson.

(However, this section of the Freedom of Access Act at present does not also reference each of the State laws that make these records confidential, and this reference should be added to make the citation complete. Legislative staff is supposed to prepare a bill for the Legislature to enact that will list all of these records that are made confidential by statute, but until such an amendment is passed, consult your municipal attorney or MMA Legal Services for the legal citation to the statute that makes a particular record confidential.)

If an Executive Session is being considered, it should be a meeting agenda item that clearly indicates the purpose of the Executive Session. An open meeting motion is required to enter and exit from the Executive Session. The motion to go into the Executive Session must state one, or more, as necessary, of the nine above reasons and must be recorded in the minutes of the meeting. During the Executive Session, no minutes or votes can take place. Those allowed into the session are board members, staff/ Committee consultant, Town Attorney and others that the board believes are proper to discuss the issue. Boards and Committees should refrain from using Executive Sessions without first consulting the Town Manager or Town Attorney before scheduling an Executive Session.

In general, records created or received by members of Boards and Committees (regardless of their form) concerning Town business or Town related issues are public records with the exception of certain personnel information or issues and Legal Counsel's internal guidance correspondence to Boards and Committees on a specific issue and must be available to the public for review. In those areas where documents are thought to be confidential, please obtain an opinion from the Town Manager or Town Attorney.

As noted above, the Town of Kittery is required by law to maintain public records. This is often most challenging when records are in the form of email. However, the law allows e-mails to be discoverable as part of litigation. All Boards and Committees e-mail communications should also be copied to your staff and Town Council liaison so that they are kept appropriately informed.

In summary, communications by e-mail cannot be used as a means of circumventing the right to know law. A Board or Committee member may use e-mail to distribute informational material to all other members as long as it is available to the general public. However, such distributions should not be made with the intent to initiate responses from other Committee /Board members. Any discussion of such informational communications should be reserved for public meetings. E-mail of informational material should be preserved in the manner provided above.

Boards and Committees are encouraged to obtain public input prior to making recommendations. However, Committees, and Committee /Board members in their official capacity, must be careful not to promote their position, whether for or against an issue. Information provided to the public during the public input process should be factually based.

Members of Boards and Committees are expected to attend all meetings. Members missing a meeting or multiple meetings should inform the Chairperson of their absence and reason(s). It is the duty of the chairperson to notify the Staff or Town Council liaison when this occurs. If members of Boards and Committees are unable to continue service due to health, missing multiple consecutive meetings, business requirements, personal reasons, or moving out of Town, they should submit a formal letter of resignation to the Town Council. Advance notice is appreciated so that advertising can be done to obtain a replacement.

A record of resolutions, transactions, findings and other determinations shall be kept by the Board or Committee secretary, staff or Council liaison. Board and/or Committee meetings are sometimes taped to facilitate the preparation of minutes. The written minutes are the official record of the proceedings. Minutes of both regular and special meetings must be prepared.

The minutes must contain the following: the members of the Boards and Committees and staff who were present; the time the meeting convenes and adjourns; a description of the items discussed; the names and addresses of the people who have spoken at the meeting and their opinion for or against a decision. The minutes of all meetings should be reviewed as soon as possible after receipt and approved by the members of the Boards and Committees at their next regular meeting. Findings of facts are also involved with certain boards and committees and should be reviewed when the minutes are presented.

Minutes are not a verbatim transcription of meetings. Lengthy discussions are often briefly summarized. When reviewing the minutes, members of Boards and Committees should check to make sure that they reflect the meeting overall, that the direction given or motions made are correct. Any major revisions (changes in content) needed must be made at the time the minutes are being considered for approval. Minor revisions such as grammar or spelling errors should be given to staff in advance or at the beginning of the meeting in which the minutes are being considered for approval. Minor revisions do not require a motion.

The chair is the key to the proper functioning of any Board and Committee. The chair has the important responsibility of ensuring that the meetings operate efficiently and he or she maintains the unity of the Boards and Committees. Consequently, the election of the chair should be viewed as an important Boards and Committees task. Although any member of the Boards and Committees may request an agenda item, it is the Chair's responsibility to work closely with the staff to develop the meeting agendas and review the requested agenda items from the other members of the Boards and Committees. In Kittery, the chair and vice chair are elected from among the members for a one-year term by the Boards and Committees.

It is recommended that if a member misses all or part of a public hearing, the member should abstain from voting on the matter unless he/she has become familiar with all the evidence presented at the hearing. It is suggested that the member listen to a tape recording of the hearing (if available), examine all written materials, and state at the meeting that he/she has done so and feels competent to vote on the item.

6. Members of the public are heard. All interested speakers are given an opportunity to speak once before speakers are heard a second time. The Chairperson has many responsibilities, including assessing the time allocated for public comments. Time management is required by the Chair to properly run an effective hearing and attempts should be made to control repetitive comments.

3. As much as possible, speakers should express their comments concisely and briefly, with the exception of public hearings. The Chair may designate a specific amount of time for each speaker. The Chair should make sure sufficient time is allocated to speakers for Board /Committee members to understand the facts or concerns being presented. If the number of people wishing to speak necessitates, groups may be asked, but not required, to designate a spokesperson for the group.

To be selected as an active member of Town Boards and Committees is a privilege and provides an opportunity for genuine public service. Although the duties of each of Kittery's Boards and Committees vary widely, there are certain responsibilities that are common to all Board and Committee members. The following is a summary of the important responsibilities to appointed members:

The department head or Town Manager is responsible for the programs within each Board's and Committee's scope of interest and is available to assist new members in becoming familiar with their roles and duties. They also will provide information about Town policies, minutes of past meetings, and other helpful data.

Individual members should refrain from representing their views or recommendations as those of their Board or Committee unless it has officially voted to approve the recommendation. Members making recommendations or expressing views not approved by the majority of their Board or Committee should indicate that they are representing only themselves as individuals. Statements to the press should be made by the Chairperson of each Board or Committee unless a spokesperson has been designated.

If the vote on an agenda item is not unanimous, a minority report may be submitted to the Town Council by individual members of a Board /Committee. The disagreement should be stated in the minutes and a copy of the minority report should be placed in the Committee/Board records. If the member was absent at the time action was taken, he/she may state the desire for a minority report at the next meeting. If time does not allow, the member should submit his/her concerns to the Town Council, stating that he/she is speaking as an individual and not for the Committee as a whole.

Although Boards and Committee members may be selected, in part, because they represent clearly defined groups, once selected each appointed member should represent the entire public interest of the Town and not just his/her respective group interest. The question, "What is best for the entire community?" should take precedence over "What is best for my interest group?"

As an influential member of the community, a member is in the unique position of serving as a liaison between the Town and the general public in helping to reconcile contradictory viewpoints and building a consensus around common goals and objectives. An appointed member must serve as a link between the community, staff and Town, by presenting Town programs and recommendations and also providing a channel for citizen expression. A primary role of the Boards and Committees is to determine the attitudes of the citizens concerning Town programs.

Board and Committee members, in connection with their role, may spend hours in research on a particular problem. Appointed members should be familiar with the portions of the Comprehensive Plan, the Town Charter and Code, and the Zoning Code applicable to their area of responsibility and should thoroughly review staff reports, plans, and materials submitted by the applicant in advance of meetings. Planning Board and Zoning Board of Appeals packets are provided to their members.

The responsibility for allocating scarce public resources rests with the community's elected representatives, the Town Council, and cannot be designated to an outside group, however capable and interested it may be. Boards and Committees should review Town policies related to programs under their scope of interest and make recommendations for changes to the Town Council. Boards and s must adhere to the policies approved by the Council as expressed in the Comprehensive Plan, the Town Code and other official documents.

It is therefore not appropriate for members to direct staff, or to become involved in the administrative or operational concerns of the Town Departments. While the Staff can provide routine information regarding on-going projects, a formal request to the Town Manager must be made for Staff involvement in projects. If Committee/Board members have questions or are concerned with Staff services provided to the Committee/Board, the Town Manager should be contacted immediately to review the matter. Town Staff is required by the Town Manager to make individual professional recommendations which may, or may not, agree with those of the Committee/Board. The Staff is required to present fairly the Board's recommendations and explain them, but will not defend them if in disagreement.

When appropriate, the Board/Committee chair or delegated representative may be present at the Town Council meeting to report on the Board's or Committee's recommendations, but he/she should contact the Town Manager or Council Chair by no later than 4 p.m. on the Tuesday prior to the Town Council meeting to make a presentation to Council and be placed on the agenda.

The trick is to make sure that meetings are not unnecessarily scheduled and discussions are not unduly long-winded. Everyone has something valuable to contribute, but knowing when, and how, to control discussions can make the difference between side-tracked dialogue, and an insightful observation. Public meetings are the place where most Committee Board members spend the majority of their working time and where their public reputations are made. All too often, the impressions upon public are negative because the Boards /Committees commit one or more of the five (5) "cardinal sins" of conducting a public meeting. They are:

If many people want to speak in a limited time, speaking time should be rationed (except at a public hearing) so all may be heard. A helpful method is requesting a show of hands of those who wish to speak on a particular subject, then making a time allocation and holding to it. It is not necessary to permit individuals to have second and third opportunities. However, a statement concerning this should be made at the onset.

Many Board and/or Committee members get so bogged down in petty details, endless searches for new data and procedural distractions that matters brought before them never seem to be resolved. Some Boards /Committees have taken so long to make a decision that, by the time a decision reaches the next level of government, conditions have changed the affected proposal and, therefore, the recommendations are obsolete.

According to Sec. 12.05,Town Meetings, of the Kittery Town Charter, a vote must be taken to extend the meeting past 10:00 p.m. and that all meetings must end no later than 11:00 p.m. Therefore, don't make people who have come for a 7:00 p.m. hearing wait hours to be heard, or worse yet, make them come back again because there was not enough time. Try to stick to the items listed on the agenda.

Since the Board/Committee usually has the time to make decisions after the public hearing, don't fear holding the Board/Committee discussion over until the next meeting when sufficient time does not remain at a meeting. Schedule an extra meeting now and then to clear any backlog of items that need to be considered.

Trust in the government must be continuously earned. Committee /Board members who have business or financial interest, or relatives or close friends who would stand to profit from a decision obviously should not participate in the decision-making and should recuse themselves from the entire hearing so no opportunity exists for them to appear to influence their colleagues. Councilors, Committee and/or board members are elected or appointed to make tough decisions, not to avoid them.

You have asked for an opinion addressing the issue of conflicts of interest as they may apply to members of our municipal boards. I will direct my comments principally to members of the Planning Board, Zoning Board of Appeals, and Port Authority. Each of these boards [along with other things they do] deal with various rights and property interests of applicants seeking approvals or permits to undertake some activity.

As a general statement, no one would doubt that conflicts of interest as well as the appearance of conflicts of interest must always be avoided by members of any of our boards. Members with real or apparent conflicts should refrain from participating at board meetings on pending matters in which a board member would appear to have a conflict. Some conflicts may be quite obvious to the member and the board. Others may be apparent to the member but not to the board.

Section 12.01 of the Kittery Town Charter as well as Title 30-A M.R.S.A. ' 2605 address the issue of conflicts of interest directed primarily at direct or indirect financial conflicts. Section 12.01(2) requires a board member to disclose his or her financial interests [and that of extended family members] and abstain from all board discussion, voting, and debate on any such conflict issue that falls within the statute. Since I don't believe statutorily defined financial conflicts have generated any real issues the boards, I will not get into these unless you wish me to.

The Kittery Planning Board, Board of Zoning Appeals, and, to a lesser extent, the Port Authority deal with issues directly involving the adjudication of important property interests and rights before it. It is essential for board members when making judgments and determinations on these applications and appeals to act in a fair and impartial manner. Applicants are entitled to nothing less. Moreover, it is important that board members be perceived as acting fairly with no undisclosed motivations when dealing with these issues.

Board members determine facts and apply evidence to existing ordinances, statutes, codes, and regulations to determine a result. The integrity of the boards' decision-making process depends on the impartiality and fairness of the individual board members throughout this process. Applicants must be able to have a degree of confidence that whatever the outcome of a particular board decision, it is rendered fairly without no preconceived notions or biases for or against an applicant's proposal.

Conflicts can take many forms. A board member, for example, may sign a petition or speak out publicly for or against a matter that is likely to come before the board on which that member sits. If this happens, the member puts himself or herself in a position of trying to appear as an objective and impartial decision maker on an issue that the member has already taken a position or it appears that the member has. Again, by way of example, a board member may become involved as a party to some litigation for or against a particular cause. The member's participation in such endeavors merely leads to speculation as to whether that member can be fair and objective should that issue come before a board on which that individual sits. This is so even if the litigation is dropped or later withdrawn. A board member may also have some personal stake in the outcome of a board decision, that is, some personal benefit from a particular result. Decisions under these circumstances tend to compromise objectivity and could reflect poorly on the member and the board. It could also create an opening for a challenge that could possibly jeopardize the board's decision.

In Pelkey v. City of Presque Isle, the Maine Supreme Court dealt with a claim of conflict of interest by a zoning board member in the Town of Presque Isle, Maine. Prior to that member's appointment to the zoning board, the member had been a vocal opponent and had spoken at public hearings against a project that later came before the zoning board for considera-tion. By that time, the opponent had become a member of the zoning board and proceeded to participate and vote on the matter. The Supreme Court reversed the decision of the board and remanded the matter back to the board for a new hearing "before only those board members who, as then members of the public, did not oppose or support [the] application at previous hearings." Whether the board member actually believes that he could deliberate fairly and impartially on the issue before the board despite an earlier position against the project was not really at issue. The appearance of a conflict was manifest and out in the public for all to observe. As shown by the Pelkey decision, it is difficult for a board member to appear fair and impartial when the board member has taken a pre-board hearing positions for or against a particular matter. The price board members pay for serving on boards is that they must refrain from taking positions on matters that are likely to come before the board for adjudication.

In an earlier opinion, I stated that there was nothing wrong with having a conflict of interest. This is so. Conflicts may develop from time to time at any time. The problem is not that a conflict arises. It is how that conflict (real or perceived) is handled once it does arise. Whether how that conflict is acknowledged or disclosed and how it is dealt with is the important thing.

I believe that over the years our various board members have been very mindful of their responsibilities on these issues. There have been little if any problems that have arisen involving board member conflicts. Frankly, the best guide in all these situations is a sound sense of honesty, fairness, and common sense as well as an appreciation for the fairness and integrity of a board's decision-making process.

Official means an elected or appointed member of a town hoard. Family member means an official's spouse, parent, child, sister, brother, stepparent, stepchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and a person with whom any of the foregoing share a committed relationship. Financial interest means any direct or indirect interest involving at least 10% ownership in a public or private economic entity, or direct or indirect ownership or control of real property. (Added by vote of the people 6-11-02)

(4) Determination protocol. Upon disclosure and request for determination, the determination is made by the board members present, excluding the member in question, by majority vote, unless a greater number is required by rule, ordinance, or this charter. If the vote favors disqualification the member is excused from all board discussion, debate, and voting on the issue until concluded and is recorded as abstaining. (Added by vote of the people 6-11-02)

(1) Equal opportunity. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any town position or appointive town administrative office because of race, gender, age, nationality, handicap, sexual orientation, political or religious opinions or affiliations. (Amended by vote of the people 6-11-02)

(2) Impartiality. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made there under, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (Amended by vote of the people 6-11-02)

(3) Wrongful monetary consideration. No person who seeks appointment or promotion with respect to any town position or appointive town administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with any test, appointment, proposed appointment, promotion or proposed promotion. (Amended by vote of the people 6-11-02)

(4) Political solicitation. No town official shall directly or indirectly, orally, by letter or otherwise solicit or assist in soliciting from any person in the employ of the town any assessment, subscription or contribution for any political party or political purpose whatever. (Amended by vote of the people 6-11-02)

(7) Gifts and favors. No town official shall, by virtue of public office or position, take advantage of services or opportunities for personal gain that are not available to the public in general. Examples of services or opportunities for personal gain are gifts of any kind, favors, promises of future gifts or gain. (Added by vote of the people 6-11-02)

The clerks of the Supreme Judicial, Superior and District Courts may issue summonses for witnesses to attend and produce books, documents and papers at any meeting of the town council for the Town of Kittery at which a hearing is had in any matter regarding any alleged dereliction of duty by town officers or employees. (Amended by vote of the people 6-11-02)

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Maine; that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Kittery, and will faithfully discharge the duties of the office of _________________"