Monday, September 14, 2015

Sent in by Dwight Hines phd

Town of Livermore Ordinance for Due Process
Protection of Businesses — DRAFT- FOR COMMENTS

SECTION 1. Establishment
Under Title 30-A, M.R.S.A.
SECTION 2. Purpose and Authority
The purpose of this ordinance is to provide guarantees of fair and unbiased
means and methods of due process by which citizens of Livermore assure that current
and future businesses of the Town of Livermore must be provided in all awards,
grants, approvals, and renewals of business related permits and licenses, etc. This
ordinance will be enacted pursuant to Title 30-A, M.R.S.A.
SECTION 3. Due Process Procedure
a. An attorney, independent of any Livermore Town Attorney and any and all
other Attorneys (eg., Maine Municipal Attorneys) representing the Board or its
appointees, will be selected, with the guidance of the Maine Human Rights
Commission, by the Board of Selectmen to provide written guidance and advice on the
development and implementation and application of written procedures for assuring
due process for any and all business applications for license or permits or renewals;
b. Such due process assurances to include, but not always be limited to:
1. That each member of the Select Board state publicly that he/she is
unbiased toward the business or its owner or operator or products or services
rendered, that he/she has no conflict of interest, or recuses him/herself from discussion
and voting on the particular application;
2. That each member of the Select Board state publicly that he/she does
not have any secret information, and has not collected any information about the
applicant, that will bias their vote;
3. A public hearing is required;
4. That public notice of the hearing be placed in the local newspaper at
least once a week for two weeks at least two weeks immediately prior to the hearing,
and notice be placed on the Town marquee at 10 Crash Road for 2 weeks prior to the
hearing, and notice be published on the Livermore Town Home webpage
(www.livermoremaine.org) in a prominent and conspicuous location, and that written
notice be mailed to the applicant and any interested person by first class mail at least
2 weeks prior to the hearing;
5. That audio-visual recordings of all transactions related to the hearing
be recorded on a solid state device and posted immediately on the Livermore Town
Home webpage (www.livermoremaine.org) in a prominent and conspicuous location
for 24 hour free downloading for at least one year and after 1 year archived for 3
years;
6. That all information, facts, & evidence be presented to the Board be by
sworn oath and meet the requirements of the Maine Rules of Evidence;
7. That no member of the Select Board can change the accepted plain
language interpretation of any written or oral question asked of any applicant by the
Maine Bureau of Alcoholic Beverages and Lottery Operations, or any other State or
Federal regulatory agency;
8. That at any time during the application and hearing process, applicant
can request a free private consultation with the independent attorney;
9. That each and all requirements for due process for applicants meet all
requirements set by historic practices, Maine Statutes and Maine State and Federal
First Circuit Court decisions;

10. That no rule change or interpretation of a rule can be changed
during a hearing and then applied ex post facto to the applicant.
11. A Selectman who initiates a complaint against a business, or
investigates a business, must not then vote on the approval of a new or renewal
license or permit;
12. A selectman who has not paid his local or state taxes at any time
during the preceding two years of a business license or permit vote, must recuse
himself from any discussion or vote on the license or permit;
13. Any Town of Livermore employee or State employee (full or part time)
who signs a sworn affidavit or sworn interrogatory or testifies under oath in any
hearing is protected by the spirit, if not the letter of the Maine Whistleblowers Act and
the Maine Human Rights Act against any and all retaliation or adverse behaviors by
the Town or State or those acting on their behalf (26 MRSA §831 et seq. and 5 MRSA
§4552, et seq.);
SECTION 4. Rights of Appeal
a. The applicant has the right to appeal any adverse decision to the appropriate
regulatory agency and the Town will pay for the preparation and mailing of the hearing
record to the agency;
b. If the agency has a history of prejudice against business appellants, the
applicant may appeal directly to the Maine District Court pursuant to Rule 80C of
Maine Rules of Civil Procedures;
c. If the Maine District Court has a history of prejudice against business
appellants, the applicant may appeal directly to the United States District Court
pursuant to 42 USC § 1983, et seq,
SECTION 5. Validity
It is the intention of the Town of Livermore that each section of this ordinance
must be interpreted independent of all other sections herein and that if any provision
within this ordinance is declared invalid, all other sections shall remain valid and
enforceable.
SECTION 6. Amendments
This ordinance may be amended by majority vote of any legal town meeting
when such amendment is published in the warrant calling for the meeting.
DWIGHT HINES — 897-2032