MEMO TO THE OGUNQUIT SELECT BOARD REGARDING

MARCH 30, 2021 SPECIAL TOWN MEETING

It has recently come to our attention that a Charter violation has occurred which needs to be addressed before any
Select Board business proceeds. We apologize for not being able to send this information sooner, but we have only
recently discovered this issue and ensuing ramifications for the Town. The Special Town Meeting requires a quorum,
and that fact is known or should have been known by the Town Clerk. Did the Town Clerk ever communicate
anything regarding a quorum to any of you?

FACTS
1. A Special Town Meeting was recently called for Tuesday March 30, 2021.
2. A total of 113 ballots were cast at that Special Town Meeting.
3. There was one issue on the ballot, that of an open Select Board seat. The Town Clerk presided over
that election and declared Robert Whitelaw the winner of the open Select Board seat. He received
100 votes.
4. The Town of Ogunquit Charter lays out the rules for Special Town Meetings as to when and how they
shall occur. Section 205 of our Town Charter (see Attachment A) reads in part:

“A quorum for a Special Town Meeting shall be twenty-five (25%) of eligible votes cast in the
Town at the last gubernatorial election”.

5. The last State of Maine gubernatorial election was held on November 16, 2018. At that time 857 votes
were cast in the Town of Ogunquit. 25% of that number would be 215 voters.
6. That 25% threshold for meeting the quorum standard (as stated in Charter Section 205) was not met
at the Special Town Meeting. The Town Charter required that 215 ballots be cast during the March 30
Special Town Meeting in order for that meeting and any voting results to be valid. In fact, only 113
ballots were actually cast (see Attachment D).

7. The Town of Ogunquit faced a similar issue at the Special Town Meeting that took place on February
9, 2010.
8. On the day following that 2010 Special Town Meeting, the Town Clerk, who at that time was Judy
Kagiliery, issued the written Warrant Return (see Attachment C) which read as follows:
“Due to a lack of quorum, no action was taken and the Election was declared invalid. Judy S. Kagiliery, Town
Clerk – 2/10/2010.”

“…A total of 132 people voted at polls. Due to the lack of a quorum (197/132), The election was declared
invalid, and Articles 2-5 failed.”

[Chris Murphy was the moderator of that election and was also the Deputy Town Clerk.]

9. The same action should have occurred after the March 30th Special Town Meeting.

RESULTS ARE INVALID

10. The March 30th Special Town Meeting results must be declared invalid. The election that occurred at
the Special Town Meeting was also invalid.

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11. The results are invalid because a quorum was not met. Only 113 votes were cast, far short of the
required 215.
12. Activities flowing from the result of this Special Town Meeting are invalid as well.
13. The Special Town Meeting did not duly elect a Select Board member, since the meeting and election
failed to meet the requisite quorum and therefore was invalid.

14. Business conducted by the Select Board and votes taken thereafter are not legitimate.
15. All Select Board activities have been tainted since March 30th including but not limited to:

A. Discussions in Executive Session,

B. Select Board votes taken in public, and

C. General discussion of town business.

CURE REQUIRED

16. Each member of this Select Board has taken an oath to uphold the Charter.
17. This Charter violation needs to be cured immediately before proceeding any further.
18. If you continue to allow 5 members of the Board to participate and vote at this meeting, you are
perpetuating the Charter violation(s).
19. We remind the Chair of his obligation under Charter Section 307 (See Attachment B) which reads:

a. The Chairperson or, in his/her absence, the Vice Chairperson shall preside at all regular
meetings of the Select Board and is responsible for the legal and orderly transaction of Select
Board business at all regular and special meetings.

ENCLOSURES:

Attachment A: Ogunquit Town Charter Section 205 Special Town Meetings

Attachment B: Ogunquit Town Charter Section 307 Chairperson

Attachment C: Warrant Return For The Special Town Meeting – Tuesday, February 9, 2010

Attachment D: Results of the Special Town Meeting – Tuesday, March 30, 2021

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 ATTACHMENT A

Section 205 SPECIAL TOWN MEETINGS

The Select Board may call a Special Town Meeting whenever deemed necessary or on petition of the voters. If the
Select Board unreasonably refuses to call a Special Town Meeting, it may be called by a Notary Public in the
County on the written petition of a number of voters equal to at least ten percent (10%) of the number of
votes cast in the Town at the last gubernatorial election.

Notice of a Special Town Meeting, to include a specimen ballot, shall be conspicuously posted
in at least three (3) public places and on the town website (townofogunguit.org), at least thirty
(30) calendar days in advance of the voting day. Notice of the meeting shall also be posted on
the public access channel (WOGT) at least thirty (30) calendar days in advance of the voting
day; and in compliance with applicable State Statutes. A quorum for a Special Town Meeting
shall be twenty five percent (25%) of eligible votes cast in the Town at the last gubernatorial
election.

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 ATTACHMENT B

Section 307 CHAIRPERSON

The Chairperson or, in his/her absence, the Vice Chairperson shall preside at all regular meetings
of the Select Board and is responsible for the legal and orderly transaction of Select Board business
at all regular and special meetings.

307.1 The Chairperson shall conduct impartial and orderly discussions and exercise his/her vote
in Town affairs as a regular member of the Select Board. The Chairperson shall be recognized as
head of Town government for all ceremonial purposes, and by the Governor for purposes of military
law, but he/she shall have no regular administrative duties.

307.2 The Chairperson is responsible for calling special meetings of the Select Board when such
meetings are warranted.

307.3 In the temporary absence or disability of the Chairperson and Vice Chairperson, the Select Board
may elect, from among its members, a Chairperson pro tempore, who shall exercise all powers of the
Chairperson during the temporary absence or disability of the Chairperson and Vice Chairperson.

307.4 The Select Board, after a public hearing, may replace the Chairperson and/or Vice
Chairperson at any time, by
a secret ballot vote of four (4) members for a full Board and a majority vote if less than a full Board.

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ATTACHMENT C

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ATTACHMENT D