Members of the Windham Town Council are weighing a potential town charter amendment to pivot from holding an annual town meeting to approve the town budget on the second Saturday in June to one having residents casting ballots coinciding with RSU 14’s annual budget validation voting in June.
During town council meetings this summer, legal aspects of making a charter change were discussed by councilors and the town attorney. To change the charter, councilors must determine that an amendment is needed and then is required under Maine law to propose an amendment through a formal process that includes public notice, public hearings, and ultimately a vote by town residents at a regular or special election. Or a charter commission of appointed or elected citizens researches the existing charter, potentially comparing it to those of other municipalities, and drafts a proposed amendment. Citizens can also propose a possible charter amendment through a petition.
Any potential charter amendment must comply with state law and require citizen participation, legal compliance, and a collaborative effort to ensure the town's governing charter effectively serves the needs of town residents.
“One is a revision in which a ‘Charter Commission’ would be required. Revisions make large changes that would potentially affect the Charter in its entirety,” Reiner said. “This is a long process and opens Pandora’s box so to speak as anything in the Charter is up for discussion and potential modification.
The second method is a ‘Charter Amendment’ which can be utilized when a specific existing section of the Charter is desired to be changed and the change proposed will not drastically affect the Charter in its entirety.”
He said the council has discussed and preliminary proposed to change the date and method of municipal budget validation.
“It is proposed to be a ‘secret ballot referendum vote’ held at the time of June Primaries which conveniently coincides with the RSU 14 timeline,” Reiner said. “Town legal council has approved this method to move forward as they feel it fits the scope of an ‘Amendment’ and not a ‘Revision.’ So that’s a lot of technical jargon on how we get things rolling, and regardless of how we get things moving, all of this still comes up in front of all registered Windham voters to make the final decision, not only the seven councilors. We are doing the heavy work to get this out to a vote ‘Of the people’ which is the proper way to do it in my mind.”
During discussions about converting from an annual town meeting to a public vote, councilors talked about the best way to educate voters to ensure they make informed decisions. They weighed simplifying warrant article questions without losing significant details and councilors also explored the possibility of presenting the entire annual town budget as a single up-or-down question as opposed to a list of multiple detailed warrant articles to be voted upon.
Councilors agreed to establish a committee made up of residents and town staff and charged with the task of formulating clear and concise ballots and launch an effective voter education campaign if the charter amendment is adopted.
Reiner says another technical aspect of approval is that if an election for this potential referendum is on the ballot, it must have at least votes cast that equals 30 percent of the previous gubernatorial election for it to pass by simple majority.
“I regret to say that the town unfortunately will not have the proposal and discussions completed in time for this November’s election,” Reiner said. “The council, staff and legal still has work to complete on language and guidelines. The next scheduled election for this charter amendment referendum would be the June Primaries in 2026.”
He said while it may be placed on the June 2026 Primary ballot if complete, primaries tend to not have enough turnout to break the 30 percent line, and even if successfully passed at that election date, it could not be in effect timely enough to be used prior to the 2026 June Annual Town Meeting date.
“So, it is most likely to be presented as a referendum vote at the 2026 November election date and changes would be in effect the following year if successfully passed,” Reiner said.”
Windham Town Council Chair Jarrod Maxfield said he supports moving away from the Annual Town Meeting to a public vote.
“I support the change to a voter approved budget and have always felt the Town Meeting is an antiquated form of government that results in very few voices being heard,” he said. “The change is a large one though and I support the town using the next year to study the change, get public input and then ultimately have it on the ballot for next year so the Windham voters have the ultimate decision if we change, which I believe they will."
What this means is that Windham residents, town staff and town councilors will need to prepare for at least one more Annual Town Meeting conducted under the current format.
“While I love the tradition of the Town Meeting, its method has outlived its usefulness,” Reiner said. “Because of that I fully support the efforts being made by the council to enact the potential for change and the ability to bring this Charter Amendment before the people for their consideration and vote. Lastly, and equally important in my mind, is that this discussion and potential change was initiated by input from the public on how they want the town to operate.” <