AUGUSTA – Rep. Deborah Simpson, D-Auburn, wants to overturn a decision by the Maine Law Court that rules municipal boards cannot act if there is a vacancy on the board.

The bill will be heard in the Legislature’s Judiciary Committee at 1 p.m. May 23.

Simpson said she submitted the bill after reading about it in local media and being contacted by the Maine Municipal Association. She said the decision created a lot of uncertainty in municipal boards, and she wanted to ease that.

The decision came in April after the Maine Law Court ruled against the town of Kennebunk.

Residents John and Roxanna Stevenson argued that a tie vote by that town’s Board of Assessment Review for an abatement on their 2003 property taxes was nonbinding because only two members voted.

The ruling applies to all boards that have a set number of seats.

According to the bill text, the decision “disrupts the ability of boards to continue operating as they have for years.”

If passed, the bill will be considered an emergency and apply retroactively.


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