The Charter Commission was set up to review and make improvements to Kennebunk’s town charter. This followed a controversial and divisive recall election in 2022 that revealed many errors and weaknesses in the existing charter.

After nearly two years of hard work, the commission presented its final report and proposed a new charter to the select board last month. The commission was not unanimous in recommending this new charter. Two of its members disagreed with the seven members who recommended its approval. The two prepared a minority report, as was their right, and I would like to respond to some of the points made in that report.

After nearly two years of research and discussions, the Kennebunk Charter Commission presented its final report and proposed a new charter to the select board last month. Dan King / Post

First, the minority expresses the view that the commission “overstepped” its mission by transferring legislative power from the town’s voters to an “all-powerful” town council. I disagree strongly with this view.

The voters in Kennebunk have traditionally had exclusive legislative authority over three things: 1.) approval of the town budget; 2.) approval of town borrowing; and 3.) approval of land use decisions.

The commission has recommended the creation of a town council to replace the select board, in line with the decisions of almost every Maine municipality that has considered doing so in the last 25 years. Virtually all of the municipalities that have chosen a town council form of government have conferred power over approvals of budgets and borrowing to the council. Our commission did not do so. Under the new charter, that power would stay squarely with the voters, not the new town council.

The only major legislative change in the new charter would give initial power over land use decisions to the town council, but always subject to voter override. All land use decisions made by the new council would be subject to reversal by the voters if there is sufficient community opposition to them.

The minority report also says that “except for budget and borrowing decisions,” voters must “appeal to the Council.” This is not correct. There is no provision in the proposed charter for any such “appeal.” There is, however, a specific provision that expressly authorizes voters to challenge every land use decision made by the town council. It is the voters who would have the final say over every such decision.

Finally, the minority expresses the view that the commission “did not follow common procedure,” without specifying what procedure we supposedly failed to follow. It is a little hard to respond to such a vague contention, but, and with all due respect, the commission has carefully followed all required procedures.

The town attorney has been at all of the commission’s public meetings where budget, borrowing and land use matters have been discussed. She has given the commission the necessary legal advice on the applicable procedural requirements. We followed that advice.

The existing charter, which dates back to 1984, was last revised in 2008. It is not only filled with embarrassing textual errors, but is also obsolete. It fails to equip the town government with the tools to make decisions in a timely fashion. Members of the select board have vented their understandable frustration at not being able to make decisions quickly because of the way the town’s government is structured. This has already cost the town and taxpayers a lot of money. Unless something is done about it, this regrettable situation will continue.

Kennebunk needs a better and more responsive government to handle its residents’ needs for the future. The new charter would do that. It represents two years of effort and careful drafting on the part of the commission.

We worked very hard to put together a logical, professional document. We did so conscientiously, and only after hearing from voters at a number of public hearings; from the select board; from the town manager and members of her staff; from town managers in other Maine towns and a noted expert in municipal government; and after analyzing dozens of other town and city charters from across the state to extract the best ideas from them.

I urge all voters to read the new charter, which is available on the town’s website, and vote to approve it this November.

Stephen Sayers is a retired lawyer, vice chair of the Kennebunk Board of Zoning Appeals and an elected member of the Kennebunk Charter Commission.