05/14/2026
Central Maine Highlands Fire and EMS District #1 Charter:
AGREEMENT FOR SHARED GOVERNANCE AND EQUITABLE FUNDING OF
REGIONALIZED FIRE PROTECTIVE AND EMERGENCY MEDICAL SERVICES
FOR CHARTER MEMBERS OF THE MUNICIPALITIES OF BURLINGTON, EDINBURG, ENFIELD, HOWLAND, LOWELL, MAXFIELD, PASSADUMKEAG, SEBOEIS PLANTATION, AND UNORGANIZED TERRITORIES OF HANCOCK COUNTY AND PENOBSCOT COUNTY
INCLUDING ARTICLES OF INCORPORATION OF THE
CENTRAL MAINE HIGHLANDS FIRE AND EMS DISTRICT
This Agreement for Shared Governance and Equitable Funding of Regionalized Fire Protective and Emergency Medical Services ("the Agreement") sets forth the terms and conditions under which multiple entities will collaborate to govern and fund regionalized fire protective and emergency medical services. The Agreement aims to ensure effective coordination, resource allocation, and equitable funding for the provision of these critical services.
WHEREAS, the Maine municipalities of Burlington, Edinburg, Enfield, Howland, Lowell, Maxfield, Passadumkeag, Seboeis Plantation, and the unorganized territories represented by Hancock County and Penobscot County to this agreement have a duty to provide firefighting and emergency medical services (EMS) within their respective territories per Title 30-A, MRSA, Chapter 153, et seq., as amended; and
WHEREAS, Burlington, Edinburg, Enfield, Howland, Lowell, Maxfield, Passadumkeag, Seboeis Plantation, and the unorganized territories represented by Hancock County and Penobscot County to this agreement have determined that it will be a more effective use of their powers and to their mutual advantage to create and organize a regional fire district as authorized per Title 30-A, MRSA, Chapter 164, et seq., as amended; and
WHEREAS, Burlington, Edinburg, Enfield, Howland, Lowell, Maxfield, Passadumkeag, Seboeis Plantation, and the unorganized territories represented by Hancock County and Penobscot County are authorized to contract pursuant to the Maine Interlocal Cooperation Act, Title 30-A, MRSA, Chapter 115, et seq., as amended;
NOW THEREFORE, the municipalities of Burlington, Edinburg, Enfield, Howland, Lowell, Maxfield, Passadumkeag, Seboeis Plantation, and the unorganized territories represented by Hancock County and Penobscot County for, and in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, do hereby promise and agree as follows:
PART 1 PURPOSE:
The purpose of this Agreement is to establish a framework for shared governance and equitable funding of regionalized fire protective and emergency medical services. The parties recognize that regional collaboration is essential for efficient service delivery, cost-effectiveness, and improved emergency response capabilities. Additionally, the District is to provide fire protection and emergency medical services within the designated boundaries, as defined by the Central Maine Highlands Fire and EMS District.
PART 2 DEFINITIONS:
Definitions as used in this Agreement:
“Member” shall mean any municipal entity which through the vote of their constituency elects to voluntarily join the Central Maine Highlands Fire and EMS District, and which agrees to comply with any and all associated Bylaws adopted by the District Board of Directors.
“District” means a corporation created by vote of a group of member municipalities for the purpose of providing emergency services.
“Providing emergency services” means the response to and management of public safety emergencies, including, but not limited to, firefighting, medical emergencies, hazardous materials incidents or natural or man-made disasters.
PART 3 ADMINISTRATION:
3.1 Incorporation
The operation and management responsibilities of the District shall be delegated to a corporation to be formed under the provisions of Title 13, MRSA, Chapter 81. Upon the effective date of this Agreement, or as soon thereafter as possible, incorporators consisting of a majority of the municipal officers of each participating municipality shall hold an organizational meeting, appoint directors and alternates and perform all acts necessary to incorporation, including filing with the Secretary of State per Title 13, MRSA, Chapter 81, section 903. The corporation shall be governed by this Agreement and shall not adopt bylaws inconsistent with this Agreement.
Board of Directors
The governing body of the corporation shall be designated as the “Board of Directors”, and shall be appointed by the municipal officers of each member municipality.
Each member of the District shall appoint (or elect) one Director and one alternate. In all matters to be decided by the Board of Directors each member shall be entitled to one vote. Appointed alternates shall only vote on behalf of a member municipality when the primary appointed Director is not available to participate in the vote.
In the event a tie vote results in any matter, the Directors shall submit the matter to informal arbitration. Informal arbitration shall consist of the selection of one arbitrator by each of the voting blocs, (said bloc being that group which voted identically on the matter in which there exists a tie vote) and the arbitrators selected by each bloc shall then collectively select a third non-biased arbitrator and they shall then jointly cast a tie breaking vote. The vote to be cast by the three arbitrators shall be determined by a majority of said arbitrators and need not be unanimous. Arbitrators shall not be required to be Directors or alternates of the Board of Directors, and can come from any domain within the District, or from a higher level of structured government, as selected by the voting blocs.
All Director and alternate terms shall begin on the 1st day of the 1st month immediately following Incorporation as defined in 3.1 hereinabove, and shall be coterminous with municipal office or for a term of 3 years, whichever occurs first.
Directors shall serve staggered terms, and vacancies on the Board shall be filled by appointment of the municipal officers of each member municipality.
The Board of Directors shall be responsible for setting policies, approving budgets, and providing oversight of District operations.
Directors shall act in the best interests of the District and adhere to the principles of transparency, accountability and public service.
The Board of Directors shall appoint a Chairman by mechanism agreed to by all members.
3.3 Meetings
The Board of Directors shall meet at least once monthly.
Board of Director meetings outside of the monthly requirement may be called by the Chairman or by at least a minimum of a simple majority of current municipal membership.
A quorum for any meeting shall consist of at least a simple majority of the Board of Directors.
3.4 Powers and Authorities
The Board of Directors shall have all the necessary and incidental powers and authorities granted to directors of non-capital stock corporations under Title 13, MRSA, Chapter 81, subject to such limitations as are required by law and this Agreement. Provided, however, that the participating municipalities, acting jointly pursuant to this Agreement, expressly reserve the right, power and authority to overrule and rescind acts and decisions of the Board of Directors, or to remove said operations and management responsibilities from the Corporation.
To borrow such sums as the Board of Directors may deem appropriate in accordance with Title 30-A, MRSA, Chapter 223, et seq., as amended, and in strict accordance with any additional requirements established by the Board of Directors and delineated in the corporate Bylaws.
Acquiring, maintaining, and operating fire stations, emergency medical service facilities, and related equipment.
Employing and training professional staff, including firefighters, emergency medical technicians (EMTs), and administrative personnel.
Establishing mutual aid agreements with neighboring fire departments and emergency service providers.
Raising funds through taxes, levies, and other lawful means to finance the operations and capital needs of the District.
Promoting public education and awareness regarding fire prevention, emergency preparedness, and life safety.
Legal representation for the Board of Directors, officers, and employees of the District, shall be distinct from the member municipalities, and in compliance with the specific laws and regulations governing the District as well as the agreements in place between the District and the participating municipalities.
PART 4 FINANCE:
4.1 Apportionment
Cost of acquisitions, improvements, operations and items incidental thereto, shall be paid for by municipal appropriations, grants, donations and service fees collected through insurance providers or other legally authorized sources, together with any such borrowings as may be authorized. Appropriations shall be allocated between the municipalities in accordance with the following:
Initial Period Appropriations: During the initial 2 full fiscal cycles following incorporation, total operating capital and other costs to be raised by appropriations, will be apportioned between municipalities on the following basis: 50% of the appropriations to be raised will be proportioned based on the ratio of each municipal entity's population (as reported by most recent USA Census or state of Maine) in relation to the aggregate sum of all member entities’ population and 50% of the appropriations to be raised will be proportioned based on the ratio of each municipal entity's total "state certified/balanced" assessed valuation of residential, commercial and land property in relation to the aggregate sum of all member entities’ total "state certified/balanced" assessed valuation of residential, commercial and land property.
Yearly minimums: There will be a minimum rate of $20,000 for the first budget cycle following Incorporation. The minimum rate will be adjusted each year in the same ratio at the percentage of the year over year change in the appropriations to be raised. If any municipal entity's appropriation calculation from (a) is less than the stated yearly calculated minimum, the municipal entity will be charged the calculated yearly minimum in place of the calculated appropriation from (a). That municipal entity's minimum charge will be subtracted from the overall appropriations to be raised in (a) and the calculations in (a) will be recalculated for the remaining municipal entities.
Subsequent Appropriations: Prior to the end of the 2nd full fiscal cycle following Incorporation, this apportionment procedure shall be reviewed and evaluated for effectiveness and equity amongst all participating municipalities, by the Board of Directors, and as guided by the principles established within the corporate Bylaws.
4.2 In-Kind Contributions
Subject to prior approval by the Board of Directors, credit shall be considered, evaluated and given to the municipalities for in-kind contributions to the corporation. Credit amounts shall be based upon actual costs and shall be limited to the administrative overhead, operating space, equipment and supplies, and to costs of acquisitions of real property provided for the operational benefit of the District.
4.3 Financial Procedures
Annual Budget. The Board of Directors shall prepare an annual budget based on projected revenues, operational costs, and forecasted necessary investments, shall determine equitable apportionments, and shall transmit in writing the same to District municipal members on or prior to January 1 each year.
Fiscal Year. The fiscal year shall be from July 1 to June 30. The parties shall make payments to the Corporation in accordance with stipulations established within the corporate Bylaws.
Audit. The Board of Directors shall engage a qualified and certified public accountant to conduct an annual audit of the Corporation’s accounts. The audit shall be conducted on a basis of auditing standards and procedures prescribed by the Maine State Auditor for municipalities.
PART 5 PROPERTY:
5.1 Title
The Corporation shall hold title to all real and personal property acquired pursuant to the purposes for which it is formed, subject to the following:
In the event a site for any corporate facility is acquired through exercise of the power of eminent domain by any one of the municipalities, then the municipality so taking shall retain title to the property taken and shall lease the property to the Corporation. The term of the lease shall be the term of this Agreement or the useful life of the facility, whichever shall occur first. The lessor municipality may elect to receive in-kind contribution and credit for the costs of the acquisition. If the lessor municipality does not so elect, the other municipalities shall pay amounts which in sum equal the costs of the taking less the lessor municipality’s proportionate share, such payments shared in accordance with Section 4.1 hereinabove, or such other method as the municipalities shall agree to.
5.2 Investments
With the majority approval of the Board of Directors, the Corporation shall coordinate all future capital equipment investments, shall ensure proper long-term maintenance and life-cycle replacement and disposal thereof, and shall insure all properties acquired by the Corporation, or leased to it.
5.3 Distribution of Assets
Assets of the Corporation remaining at the time of termination of this Agreement shall be divided among the municipalities according to their proportionate payments or contributions to the Corporation during the full term of this Agreement, subject to the following:
Upon termination of this Agreement, all property, real and personal, acquired by the Corporation shall be offered for sale to the municipalities at the market value of such property. Remaining property not purchased by the municipalities shall be sold at public auction and proceeds of the sale shall be distributed according to paragraph 5.3 hereinabove.
Upon termination of any lease under Section 5.1(a) hereinabove member municipalities shall retain a claim against the owner municipality for a share of the proceeds of any resale of such site, or should owner municipality elect to retain the site for other public or non-public uses, it shall pay the other municipalities for their proportionate interest in the site as appraised by a qualified appraiser or appraisers accepted by the Corporation according to a payment schedule as established by some readily available third party chosen by the Board of Directors.
PART 6 PERSONNEL:
6.1 Employment Status
The Board of Directors my employ such persons as it deems necessary to accomplish the purposes of this Agreement. Any such employee shall be an employee of the Corporation and shall not be deemed to be an employee or subject to procedures, supervision or rules of any municipalities. The Corporation shall be solely liable to any such employee for any liability for compensation or indemnity for injury or sickness arising out of or in the course of their employment.
Staff time may be contributed to the Corporation by the municipalities. Persons performing the work under such contribution arrangements shall be under the supervision of the Board of Directors or its designated supervisory personnel, but shall otherwise retain the status of an employee of the contributing municipality.
6.2 Salaries and Benefits
The Board of Directors shall have the power to fix compensation and determine any benefits for its employees.
6.3 Rules
The Board of Directors shall establish rules and regulations to govern its employees in the performance of their duties, to include job descriptions and grievance procedures.
6.4 Hiring and Termination Procedures
The Board of Directors shall cause advertisements to be placed in local and/or regional publications and/or publicly available internet-based forums, for a period not less than 15 days prior to application deadlines for any position created or opened. Applicants shall provide such references and other information as the Board of Directors may require. Applicants shall be considered in accordance with all current legal mandates associated with equal employment opportunity standards. All applicants shall be at least 18 years of age. Applicants shall possess such other qualifications as the Board of Directors establishes.
There shall be an initial probationary period of six months. During this period of employment, termination can be for any cause. After the six-month probationary period, termination of employment shall be for good cause, and shall follow notice and opportunity for hearing.
PART 7 REMEDIES:
7.1 Breach
A party shall be deemed to be in breach of this Agreement if it fails to appropriate or make timely payments of its share of costs, or if it fails to perform or comply with any of the terms, provisions or conditions of this Agreement. The Board of Directors shall give written notice of specific acts or omissions which constitute breach. The municipality so notified shall have thirty days to conform. If the municipality fails to conform within the above-mentioned time period, or if the party waives the time period, then the Board of Directors shall have the power to submit the question of breach to the arbitration procedure established in Section 7.2, hereinbelow.
Arbitration
In the event the Board of Directors or municipality under notice of breach elects to submit a question of breach to arbitration, the following provisions shall govern:
The Board of Directors and the party under notice of breach shall each select a representative and the two persons so selected shall choose a third neutral person, and the three persons so selected shall constitute an arbitration board. If either party does not select its representative, or if the two representatives fail to agree upon, select and name a third neutral and available person within 10 days from the day the Joint Board or municipality elects to submit a question of breach to arbitration, either party may request the American Arbitration Association to utilize its procedures for making such selection.
The arbitration board’s jurisdiction shall be limited to the interpretation or application of the terms of this Agreement.
As soon as possible after the selection of the neutral person the three arbitrators and the American Arbitration Association if desired, shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, make inquiries and investigations, hold hearings, or take such other steps as they deem appropriate. Hearings shall be informal, and rules of evidence prevailing in judicial proceedings shall not be binding.
The arbitration board shall by majority vote make written findings and shall render a written decision which, with the exception of fraud, shall be binding upon the Corporation and the parties. In the event the arbitration board finds the breaching party to have made a withdrawal, the remedy shall be provided in section 7.3 hereinbelow. This paragraph shall also apply to the American Arbitration Association if such association is used.
The cost of the arbitration proceedings, including the fees of the arbitrators, shall be shared equally by the Corporation and the party under notice of breach.
7.3 Withdrawal
Any party may withdraw from this Agreement subject to the following:
The withdrawing municipality shall give written notice of its intent to withdraw to the Corporation prior to July 2nd of any year. The effective date of such withdrawal shall be June 30th of the following year. The municipality shall make any and all payments due during such period.
In the event the municipality is deemed to have withdrawn by breach of payment of its share of cost of arbitration or fails to comply with Subsection 7.3(a) hereinabove, it shall pay the Corporation an amount equal to its share of costs due through December 31st of the following year.
The withdrawing municipality shall pay to the Corporation the entire amount of its share of any outstanding debts of the Corporation and of any outstanding lease payments.
7.4 Indemnification in Case of Liability to Third Parties
The municipalities agree to indemnify each other for any liability which a party or parties may incur over and above any applicable insurance coverage as a result of suit or settlement against the Corporation arising out of activities performed by it for the benefit of the corporate scope and purpose(s). Any such indemnification shall be shared in accordance with the provisions of Section 4.1, hereinabove, or such other method as the municipalities shall agree unanimously to.
PART 8 DURATION, ADOPTION, AMENDMENT:
8.1 Duration
This Agreement shall continue in force until either of the following occurs:
All parties withdraw or mutually agree to dissolve the Corporation.
For a term of 30 years from its effective date.
8.2 Adoption
This Agreement shall not take effect with respect to municipalities signatory unless the following occurs:
There has been approval by legislative bodies of all parties hereto authorizing each of their respective municipal officers to enter into this Agreement, and a majority of the municipal officers therefore have affixed their signatures hereinbelow; and
It has been filed with the Clerk of each of the municipalities and with the Secretary of State.
8.3 Amendment
This Agreement may be amended by the municipalities in the same manner as that provided in Section 8.2 hereinabove, provided, however, that additional new member municipalities may be admitted to this Agreement if two-thirds of the Board of Directors votes to admit such additional party, and the legislative body of the additional party accepts by appropriate action the terms and any amendment and any further terms and conditions placed upon such entry of the additional party by the Board of Directors as specified in Section 8.2, hereinabove.
AGREEMENT FOR SHARED GOVERNANCE AND EQUITABLE FUNDING OF
REGIONALIZED FIRE PROTECTIVE AND EMERGENCY MEDICAL SERVICES.
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