Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1560H.P. 1018House of Representatives, April 10, 2025 An Act to Address Conflicts of Interest with Municipal Contracts Reference to the Committee on State and Local Government suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative HYMES of Waldo. Page 1 - 132LR1412(01) 1 2 as enacted by PL 1987, c. 737, Pt. A, §2 and 3 Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 4 amended to read: 5 6 bid procedures, made by a municipality, county or quasi-municipal corporation during the 7 term of an official of a body of the municipality, county or quasi-municipal corporation 8 involved in the negotiation or award of the contract who has a direct or an indirect 9 pecuniary interest in it the contract is voidable, except as provided in subsection 4. A 10 contract, even if the contract was obtained through properly advertised bid procedures, 11 made by a municipality during the term of an official of the municipality involved in the 12 negotiation or award of the contract who has a direct or an indirect pecuniary interest in the 13 contract is voidable, except as provided in subsection 4. 14 as enacted by PL 1987, c. 737, Pt. A, §2 and 15 Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 16 amended by enacting after the first blocked paragraph a new blocked paragraph to read: 17 If the municipality determines that no other option is feasible but to award a municipal 18 contract to an official who is an officer, director, partner, associate, employee or 19 stockholder of a private corporation, business or other economic entity to which the 20 question relates or with which the unit of a municipality contracts, the municipality must 21 appoint an independent board of 3 residents to address grievances against the business 22 practices of the officer, director, partner, associate, employee or stockholder of a private 23 corporation, business or other economic entity for the life of the contract. 24 25 This bill amends the law governing conflicts of interest by municipal officers in the 26 awarding of municipal contracts by making voidable a contract made by a municipality 27 during the term of an official of the municipality involved in the negotiation or award of 28 the contract who has a direct or an indirect pecuniary interest in the contract even if the 29 contract was obtained through properly advertised bid procedures. The bill also creates a 30 new exception to the voidability of municipal contracts if the municipality determines that 31 no other option is feasible but to award a municipal contract to an official who is an officer, 32 director, partner, associate, employee or stockholder of a private corporation, business or 33 other economic entity to which the question relates or with which the unit of a municipality 34 contracts. In this case, the municipality must appoint an independent board of 3 residents 35 to address grievances against the business practices of the officer, director, partner, 36 associate, employee or stockholder of a private corporation, business or other economic 37 entity for the life of the contract. 25 26 27 28 29 30 31 32 33 34 35 36 37