AGO 05-5A.

• Case Date: June 10, 2005
• Court: Maine

Maine Attorney General Opinions 2005. AGO 05-5A. STATE OF MAINEOFFICE OF THE ATTORNEY GENERAL6 STATE HOUSE STATION AUGUSTA, MAINE 04333-0006 June 10, 200505-5ASenator Peggy RotundoMaine State Senate 3 State House Station Augusta, Maine 04333-1515 RE:

L.D. 1481

Dear Senator Rotundo: By letter dated June 1, 2005, you have asked for an opinion concerning the constitutionality of L.D. 1481, An Act to Amend the Laws Governing the Enactment Procedures for Ordinances, and the proposed committee amendment to the bill. Both the bill in its original form and as amended by Committee Amendment "A" (S-242) set forth requirements for citizen initiated ordinances or bylaws, and both limit the application of such initiatives to certain projects: those that have received municipal land use permits or approvals prior to the date on which the initiative petition is filed.(fn1) While we understand the forceful arguments favoring and opposing limitations of this kind, we express no opinion on those policy arguments. Rather, our purpose is simply to offer an opinion as to how the Maine Law Court would likely decide the legal issues presented. As a legal matter, we believe that the Maine Constitution reserves for municipalities the power to enact such limitations or to forgo altogether the municipal citizen initiative. The Legislature may provide a "uniform method" for the exercise of municipal initiatives, but we believe that the Court would likely find that the portion of L.D. 1481 that limits the content or applicability of municipal ordinances adopted by citizen initiative or referendum violates Article IV, Part 3, § 21 of the Maine Constitution. Article IV, Part 3, §21 of the Maine Constitution authorizes city councils to "establish the direct initiative and people's veto for the electors of such city in regard to its municipal affairs," provided that any ordinance establishing direct initiative and people's veto "shall not take effect until ratified by vote of a majority of the electors of said city, voting thereon at a municipal election," and further provided that "the Legislature may at any time provide a uniform method for the exercise of the initiative and referendum in municipal affairs." (Emphasis supplied.) As described by the Law Court in LaFleur v. Frost, 80 A. 2d 407, 412 (Me. 1951), section 21 constitutes a direct grant of authority to municipalities that may not be limited by the Legislature except as provided in the Constitution. See also, Albert v. Town of Fairfield, 597 A.2d 1353, 1354, fn. 1("This power is subject only to the Legislature's authority to 'at any time provide a...