WEIGHTED VOTING FOR THE DISTRICT SCHOOL COMMITTEE AND BOARD OF TRUSTEES

Background and Purpose: 

This policy on weighted voting is adopted by the District School Committee (the ‘School Committee’) and the Board of Trustees (the ‘Trustees’) of the Boothbay-Boothbay Harbor Community School District (the ‘District’) interpreting the provisions of Chapter 156 of the Private and Special Laws of 1953, as amended (the ‘District’s Private and Special Law’) in a manner that is consistent with the one-person, one-vote principal derived from the equal protection clause of the Fourteenth Amendment of the U.S. Constitution. Under Section 2 and Section 8 of the District’s Private and Special Law the authority to manage the affairs of the district is divided between the Trustees and the School Committee. Section 2 of the District’s Private and Special Law provides that a board of six trustees shall be composed of three members from the Town of Boothbay and three members from the Town of Boothbay Harbor. Section 8 of the District’s Private and Special Law provides that the School Committee of the District shall consist of the members of the superintending school committee in each town, each of which has three members. 

According to the 2010 Federal Decennial Census prepared by the U.S. Census Bureau, the population of the Town of Boothbay in 2010 was 3,120 and the population of the Town of Boothbay Harbor in 2010 was 2,165. Since each town has three elected representatives to the Trustees and to the School Committee, the Town of Boothbay has one elected member of each body for each 1,040 residents, while the Town of Boothbay Harbor has one elected member of each body for each 722 residents. Accordingly, if the vote of each member of the Trustees and the School Committee were given equal weight, the District’s method of voting would not be in compliance with the one person one vote principle derived from the equal protection clause of the Fourteenth Amendment to the U.S. Constitution. The purpose of this policy is to establish the weight given to the vote of each member of the Trustees and the School Committee to ensure that the method of voting of the Trustees and the School Committee complies with the constitutionally mandated one-person, one-vote principle. It is also the purpose of this policy to require that the weight given to the vote of each member of the Trustees and the School Committee be adjusted at ten year intervals following the release of each Federal Decennial Census by the U.S. Census Bureau to ensure that in the future the method of voting of the Trustees and the School Committee will remain in compliance with the one-person, one-vote principle. 

Method of Voting: 

The method of voting of the Trustees and the School Committee of the District from the date this policy is approved until adjusted following release of the 2020 Federal Decennial Census by the U.S. Census Bureau shall be as follows: 

A. Members of the Trustees and the School Committee shall cast weighted votes on all matters that come before them. 

B. The ratio of the number of votes cast by the members of the Trustees and the School Committee representing the Towns of Boothbay and Boothbay Harbor shall be the same ratio to the nearest whole number as the population of each municipality is in relation to the population of both municipalities in the District as determined by the 2010 Federal Decennial Census. The weighted vote cast by members of the Trustees and School Committee shall be as follows: Method of Weighted Voting Number of Residents Percent of Residents Number of Members of Trustees and School Committee Number of Votes per Member Total Number of Votes Boothbay 3,120 59.035% 3 197 591 Boothbay Harbor 2,165 20.965% 3 137 411 TOTAL: 5,285 100% 6 1,002 As shown on the foregoing chart each of the three members of the Trustees and School Committee from Boothbay shall cast 197 votes out of a total of 1,002 and each of the three members of the Trustees and the School Committee from Boothbay Harbor shall cast 137 votes out of a total of 1,002. 

C. Following release of the 2020 Federal Decennial Census by the U.S. Census Bureau, the weighted votes of the members of the Trustees and School Committee shall be adjusted following the methodology described in paragraph B but using the population figures for each municipality contained in the 2020 Federal Decennial Census rather than the figures contained in the 2010 Federal Decennial Census.

D. This policy shall remain in effect with respect to the Trustees until such time as it may be amended or repealed by a majority of the weighted vote of the Trustees as provided in paragraphs B and C and, with respect to the School Committee, until such time as it may be amended or repealed by a weighted vote of the School Committee as provided in paragraphs B and C. 

B-BH CSD School Committee adopted: 12-14-2011

B-BH CSD Board of Trustees adopted: 1-4-2012

Voting shall ordinarily be by show of hands.  Voting shall be done by roll call at the direction of the Chair, or at the request of any Board member.  All votes shall be recorded in the minutes.

Maine public officials are obliged to vote openly; thus, secret ballots are not to be used by the School Board.

A motion shall be declared “Carried” upon the affirmative vote of the majority members present and voting.

Adopted 4-8-2020