We Aren't the Only Ones to Notice

Dear Editor,

I was recently reading up on the latest posts on the Lisbon Reporter, for which I am thankful. I then went to the official town (of Lisbon) web site and read their explanation of proposed charter changes for the upcoming public hearing. The portion I was most disturbed by was the insertion of the following new section:

QUESTION #10:

Article I. Grant of Power to the Town

Add new Sec. 1.05, as follows:

Sec. 1.05. Separation of Powers.

The Town of Lisbon, pursuant to authority granted by the Home Rule Amendment to the Maine Constitution and statutory authority under the Maine Revised Statutes, exercises both legislative and administrative powers in carrying out its governmental functions. Legislative powers are vested solely and exclusively with the Town Council. This Legislative function pertains to the enactment of Ordinances, Regulations, Resolutions and Orders, and with the establishment of Policy, the purpose of which is to determine a course of conduct for Town government, and to formulate Rules of Conduct consistent therewith. Administrative powers are vested in the Town Manager and Town Staff. These executive functions vested in the Town Manager and his Staff exist for the purpose of carrying out administratively the Legislative Policies adopted, approved and set down by the Town Council. This Charter recognizes a firm line of division between these two governmental functions and herein expresses the principal that members of the Town Council shall not be involved in the exercise of the administrative powers of the Town, except to determine that the Legislative Enactments and Policies adopted by Council are being carried out by Town Administration.

EXPLANATION: To clarify the separate of legislative and administrative powers under the Town’s Council/Manager form of government.

They say, in the explanation above, that this is for the purpose of clarification. I suggest that this "separation of powers" as proposed, only serves to absolve the town council of responsibility for the actions of the town manager. It has also a vague resemblance to the separation of powers in our state and federal constitutions. In those revered documents, separation of powers is used as part of our democratic system of checks and balances. In the case of the town of Lisbon, there would be no checks and balances because the head of the executive "branch" (the Town Manager), is not responsible for his conduct, in any direct way, to the people of the town of Lisbon. He is neither an elected official (representative democracy) nor is he a resident of the town. He was hired by, may only be fired by (except through a referendum), and is still only responsible to: THE TOWN COUNCIL. There could only be a check and balance or true separation of power if the town manager were elected, as is a mayor, governor, or president. He is still only responsible to the town council and therefore it is only just and fitting that the town council be responsible, to the citizens they represent, for the actions of the town manager.

I submit these comments without personal prejudice or inclusion of specific names because I feel that the conceptual wrongness of this proposed change to our town charter is more important than the personalities involved.

Sincerely,

Christopher A. Turmelle ~ a concerned citizen!