On April 26, the Maine Supreme Court ruled that when a municipal board is required by statute or charter to consist of a specific number of members and there is a vacancy on the board, the board has no legal standing to act. This ruling (the Stevenson ruling) concerned a tax abatement appeal before the Kennebunk Assessment Board, but has been construed by many to apply to Boards of Selectmen, as well. Recently, that broader application has been called into question.

Amanda Meader, an attorney with Bernstein Shur, Augusta, believes that, in most cases, the Stevenson ruling is not intended to apply to Select Boards. Bernstein Shur is the largest municipal law practice in the state, and provides periodic advisories about developments in municipal law. Meader said that many municipal attorneys in the state, including those representing the Maine Municipal Association (MMA), have been examining this issue since the April court ruling. She stated that most of these attorneys now concur that the Stevenson ruling does not apply to Boards of Selectman. According to Meader, certain Maine statutes imply "a legislative intent to authorize the remaining members of a Select Board to continue to conduct business even though a vacancy exists on the Board." Meader said that vacancies might be relevant if a town's charter specifically prohibits boards from acting when there are vacancies.

If the conclusions of expert lawyers don't set your mind at ease, there is also a legislative fix in the works. Rep. Deborah Simpson, D-Auburn, has submitted a bill, LD 1906, to overturn the Stevenson decision; it is scheduled for public hearing before the Legislature's Judiciary Committee on Wednesday, May 23 at 1 p.m. The bill is being considered as an emergency measure and it would apply retroactively. Meader said that LD 1906 is moving forward, and both she and the MMA are confident that it will pass this legislative session.

The Boothbay Harbor Board of Selectmen has had vacancies since Tom Woodin resigned on April 23 and Joyce Armendaris resigned on May 4. Since that time, the Board has continued to hold meetings and to make decisions on the town's behalf. Woodin, Town Manager, said, "We can't let this decision paralyze the town." According to Woodin, the town's charter does not contain specific provisions that would prohibit the board from acting when there are vacancies.