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KENNEBUNK — Officials in Kennebunk are considering amendments to the town charter, one of which would have an impact on the position of the town clerk.

Currently, the town clerk in Kennebunk is elected by voters; at the annual Town Meeting earlier this month, Merton Brown was narrowly elected to the position as a write-in candidate, unseating former clerk Joanna Moran.

If the considered charter changes are enacted, the position would instead be an appointment by the town manager. Under the proposal, Brown would serve out his full three-year term, at which point current Town Manager Barry Tibbetts would have the authority to re-appoint him on an annual basis, or hire someone else to fill the position.

Speaking at a meeting of the board of selectmen on Tuesday night, Tibbetts said the change is being proposed due to Kennebunk’s increased population; currently, he said, there are approximately 9,000 residents in town, far more than there were when the role of town clerk was established as an elected position. That, he said, means a lot of clerical processing for someone who could potentially be short on experience or training.

“It would make sense to have more consistency from one year to the next,” said Tibbetts, “and I think this change would provide some stability.”

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Brown himself has backed the charter change. Citing information gleaned from the Maine Municipal Association, Brown said Tuesday that of the 34 highest-populated towns in Maine, only York, Kennebunk and Wells have town clerks that are elected by voters. In the cases of York and Wells, he said, those towns’ respective clerks have each been on the job for more than 30 years.

Kennebunk ranks 17th in the state in population, according to the Maine Municipal Association.

“It’s not the same thing it was in 1975,” said Brown of the position. “It’s become more technical, and there’s a lot more to it.”

The proposed change raised concerns among certain residents, including Rachel Phipps, who argued that if the town clerk becomes an appointed position, a person should be chosen via an open-hire process rather than by the town manager.

“And if (Brown’s) the best person for the job, then that’s great,” said Phipps. “I think one of the reasons town clerks are elected is because it’s a position that can become very partisan. They control elections, and elections can be very partisan. So there needs to be that firewall … and the people should have control over that.”

Brown pointed out that town clerks don’t run under the umbrella of a particular political party.

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“It’s less partisan than people think it might be,” he said.

John Costin, a resident and member of the budget board, said that if the position becomes an annual appointment, it should be under the jurisdiction of the board of selectmen rather than the town manager; the reason, he said, is that the board is required to make decisions in a manner more public than the town manager, and such a setup would preserve transparency.

Either way, any changes would have to be made by voters in November, should selectmen decide to put it to a vote. The change, according to Tibbetts, is permissible without a review of the charter commission.

Selectmen Chairman Al Searles said that avoiding the charter commission would be preferable.

“You open up the entire town charter (to changes), and anything can happen,” said Searles. “And I don’t want to take that risk. I think this is a matter of public opinion.”

The other charter change being considered would alter language that precludes newly elected selectmen from voting for officers for the coming year. In the current system, votes for officers ”“ such as chairman, vice chairman and secretary ”“ take place in June, while new selectmen don’t begin their term until July.

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During the past several years, said Searles, it hasn’t been an issue, because the membership of the board of selectmen has stayed consistent. But during this past election, Selectman William Ward lost his seat to Christopher Cluff, who will begin his term at the board’s meeting on July 8.

On Tuesday, the board voted 6-1 to delay the election of officers until that meeting.

“We’d have (Ward) voting on a board he’s not even gonna be a part of, and a new selectman who won’t be voting at all,” said Searles. “The language in the charter, when you really study it, is kind of conflicting.”

Richard Morin cast the dissenting vote, suggesting that perhaps the framers of the charter didn’t want a brand new selectman voting on officers.

“I’m not sure that’s a flaw in the charter, as opposed to intentional design,” he said.

— Staff Writer Jeff Lagasse can be contacted at 282-1535, ext. 319 or jlagasse@journaltribune.com.



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