The Kennebunk Charter Commission is proposing moving to a town council form of government. File photo / Post

Kennebunk voters could be asked in November to approve a town council form of government and a more structured process for recalling elected officials.

The Kennebunk Charter Commission presented its final report to the Select Board on Aug. 6, recommending a town council form of government instead of the current Select Board, in which voters approve budget, borrowing and land-use measures.

But unlike other towns where the town council has all approval authority, Charter Commission Chair Christian Babcock said the commission proposes leaving the budget and borrowing measures to the voters.

“Most of the process around budget and approvals remains completely the same,” Babcock said. “We received a lot of feedback from the public that they really want the approval authority to stay with the voters.”

The process to draft the proposed revised charter began in early 2023. Over the course of 18 months, the commission researched other towns, provided opportunities for public input, and put out a poll that was instrumental in deciding which form of government to proceed with.

“We wanted to get a temperature on what a large amount of the public thought,” Babcock said.

Ultimately, the commission concluded that a town council form of government would be beneficial for the town.

Under a town council government, the council would have the authority to approve or reject land-use proposals and would be given limited power to draw from the town’s undesignated fund balance during emergencies, including storms.

In the event that the council would need to use funds during an emergency, it would also need a plan to replenish the funds.

The voting process would remain virtually unchanged under a town council government, and the duties and responsibilities of the town manager would also stay the same.

The proposed charter “touches heavily” on forfeiture of office and the process for recalling elected officials, Babcock said.

“This is the biggest change,” Babcock said. “It sets forth guidelines as well as a procedure for the actual recall to follow.”

In order to ensure all recalls are justified and fair, as well as to give the public the opportunity to be informed of the recall, the commission created a four-step plan.

First, the person seeking a recall – the “agent,” according to the report – would need to file a notice of intention with the town clerk, including 500 signatures from voters and an explanation of why the elected official should be removed from office.

Next, a public hearing would need to be held so that residents and the town council can hear and discuss the reasons for filing the recall notice. If the agent decides to proceed after this meeting, the town clerk would issue petition forms.

The agent would then need to collect 1,000 signatures by the deadline to be validated and certified by the town clerk.

Finally, if the signatures are validated, the recall would be sent to an official vote, in which a minimum turnout of 3,000 voters is required.

The recall of an RSU 21 School Board member in 2022 was the reason for the commission’s formation the following year.

While voters rejected the recall and the school board member continued to serve out his term, Babcock said the process clearly pointed out the gaps in the original recall language.

“There was a lot of confusion,” Babcock said. “We thought it was really important to make the process detailed so it would be less confusing in the future.”

The Select Board members expressed their satisfaction with the commission’s proposal and the drafting process at the Aug. 6 meeting.

“I’m very impressed by the final report that was created, and I think it does a very good job of summarizing all of the work that was done,” Select Board Secretary Lisa Pratt said.

Select Board Chair Miriam Whitehouse encouraged voters to approve the proposed charter, saying if it does not pass, all of the work would be for nothing.

“It’s concerning to me,” Whitehouse said.

The commission will now hold public hearings to decide whether to advance the proposal to voters in November, with the first public hearing to be held on Sept 10.