Should children’s mental health, as an issue, be part of our public dialogue? Absolutely! Also, should pre-K and after-school education, as issues, be part of our public dialogue with our elected officials? Also absolutely. How about discussing home rule? Well, maybe. But is the Portland Charter Commission the proper forum to talk about these issues? Absolutely not! 

Simply put, the Charter Commission’s focus should be on the municipal charter. In Portland and in many cities and towns in Maine, the municipal charter sets up the foundation of our local government. It also delegates power between the branches of government – in this case, between the legislative and the executive – and establishes boundaries and restraints of what the powers that be can and cannot do generally. A municipal charter can also differ from the U.S or even Maine Constitution, which establishes rights, restraints on government power and sheds light on the values citizens should strive to have. A municipal charter boils down to forming a government that should be more simple, direct and aware of the fact that the state and federal constitutions have taken care of the rest.  

Charter Commission members not only are discussing the issues that I have mentioned above, but also are not being transparent regarding why these issues are being discussed in the first place. One can argue that these topics were brought forward in the public hearings held earlier this summer. But even then, it remains unclear why these topics are pertinent, given that the commission’s mission is much greater than that of any other public-facing body in the city of Portland right now and the commission should understand its mission is centered on reconfiguring the structure of local government. Rest assured if the Charter Commission does not open more communication channels with the public on the items they discuss, I can only imagine the amount of confusion there will be when the Charter Commission completes their work.

A topic that generally does not involve setting up the basic structure of our government – whether it is home rule, mental health in our public schools or an entirely different issue – should be left to our City Council and school board. These individuals are elected and accountable to people year-round. In addition these issues are obviously complex, and decisions on them that may sound like a good idea in the moment may need to be reconsidered. By putting any issues like this into a charter, it handcuffs our City Council and school board from making swift changes to policies.

Also, to voters who are urging the commission to put a particular issue into a document that is hard to revisit: Consider that sometimes constitutional mandates can have financial and legal implications. Let’s say the Charter Commission proposes to establish the right to adequate mental health care in Portland Public Schools, and it has been adopted by city voters. Now a future school board is obligated to carry out that established right. If a parent decides to sue because they believe that right has not been enforced or that what is provided is not adequate, a future school board could either face a lawsuit or could have to go back to taxpayers to pay for services at a time where asking taxpayers for more money is not feasible. Also, policymakers’ hands are also tied because it may not be able to immediately fix through an ordinance. 

The Charter Commission needs to become more narrow in its focus by looking at the structure of our city government and leaving the public policy decisions to the elected officials. To residents of Portland: Pay attention to the Charter Commission discussions going forward and ask yourself whether this is something that should be in the charter. If you do not, it could cost all of us down the road where it hurts, the pocketbook. 

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