§1475. Reapportionment
The commissioner shall determine the necessity for reapportionment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
1. Duties of commissioner. The commissioner shall determine if a regional school unit is apportioned in accordance with the one-person, one-vote principle if:
A. The commissioner receives a request by the regional school unit board; or [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
B. The commissioner receives a petition signed by a number of regional school unit voters equal to at least 10% of the voters who voted in the last gubernatorial election in the regional school unit. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
In addition to a determination initiated by a request pursuant to paragraph A or a petition pursuant to paragraph B, the commissioner may, of the commissioner's own accord, determine that a regional school unit is not apportioned according to the one-person, one-vote principle.
The commissioner shall make a determination under paragraph A or B within 30 days of receiving the request or the petition.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
2. Awaiting census results. If the commissioner receives a request within 12 months before a Federal Decennial Census or Federal Estimated Census, the commissioner may wait until after the new census figures are available to make a determination under subsection 1.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
3. Findings and order. If the commissioner finds the regional school unit representation is not apportioned in accordance with the principle of one person, one vote, the commissioner, within 7 days of that decision, shall notify the superintendent of the regional school unit of the finding and order the superintendent to notify the municipal officers in each municipality in the regional school unit and the regional school unit board to create a reapportionment committee. The superintendent's notification must include the commissioner's notification, the information provided pursuant to subsection 6 and the time and place for the first meeting of the committee, which must be held not later than 20 days after the notification.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
4. Reapportionment committee membership. The reapportionment committee consists of one municipal officer and one citizen from each member municipality, chosen by the respective municipal officers, and one director from each municipality, chosen by the board of directors. The appointments must be made prior to the first meeting of the committee.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
5. Quorum. A majority of the reapportionment committee constitutes a quorum.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
6. Duties of commissioner . The commissioner shall provide the superintendent of the regional school unit with the most recent Federal Decennial Census or Federal Estimated Census figures for each municipality in the regional school unit and at least one recommended apportionment plan.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
7. Duties of the reapportionment committee. The reapportionment committee shall:
A. Elect a chair and secretary and may adopt suitable rules of procedure; [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
B. Consider and by majority vote adopt a reapportionment plan including the method of representation, total number of directors and number of directors representing each municipality or subdistrict; and [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
C. Within 90 days of the first meeting, send a report of its reapportionment plan to the state board for approval. It may, within the 90-day limit, submit alternative plans for apportionment. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
8. Commissioner approval. The commissioner shall approve or disapprove the reapportionment committee plan under subsection 7 within 30 days of receiving it.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
9. Failure to gain commissioner approval. If a reapportionment plan has not been adopted by the reapportionment committee or approved by the commissioner within the time limits of subsection 7, the commissioner shall prepare a suitable plan.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
10. Putting the approved plan into effect. On approval of a reapportionment plan, the commissioner shall send a certified copy to the municipal officers and regional school unit board. The original reapportionment plan must be retained in the department files.
A. The reapportionment plan takes effect immediately upon approval. The reapportionment committee shall determine the terms of the directors to be elected at the next annual municipal elections so as to comply with this chapter. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
B. If the approved reapportionment plan requires a reduction of the number of directors to be elected in a municipality, the reduction must be achieved in accordance with this paragraph.
(1) If possible, the reduction must be achieved by the voluntary resignation of one or more of the directors.
(2) If the reduction cannot be achieved in accordance with subparagraph (1) and the plan is approved and filed less than 30 days prior to the annual municipal election, the number of open positions to be filled by the election process must be reduced to the number required by the approved plan.
(3) If the reduction cannot be achieved in accordance with subparagraph (1) or (2), or a combination of the 2, all of the remaining existing directors representing the municipality shall choose by lot which directors' terms must terminate. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
C. If the approved reapportionment plan requires that additional directors be elected in a municipality, the municipal officers shall fill the vacancies by appointment. A new director serves until a successor is elected and qualified at the next annual municipal election. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
D. The reapportionment committee is dissolved after the approved reapportionment plan is implemented. [PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
11. Duties of present directors during reapportionment. The regional school unit board, during the reapportionment of its membership, serves as the legal representative of the regional school unit until the reapportionment is completed. The board shall carry out all business of the regional school unit, including the borrowing of funds that may be required during the period of reapportionment.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
12. State board review of commissioner's decisions. A regional school unit board or interested parties may request that the state board reconsider decisions made by the commissioner under this section. The state board has the authority to overturn a decision made by the commissioner. In exercising this power, the state board is limited by this section.
[PL 2007, c. 240, Pt. XXXX, §13 (NEW).]
SECTION HISTORY
PL 2007, c. 240, Pt. XXXX, §13 (NEW).