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Mackenzie Andersen

manager, Andersen Studio

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How a government by the people for the people and of the people is transformed into governance by an unelected political class.

This is a story about what is happening in Maine but it is also happening in many other states.

The Home Rule Amendment was voted in as a Maine constitutional amendment in 1969. The Home Rule Amendment strengthens local governance and provides that the municipality can be an agent of economic development. The state chartered he Maine Development Foundation- a non-profit corporation in 1977. The Maine Constitution prohibits the legislature from chartering corporations and so in 1977, the legislature also passed the Maine Non-profit Corporation Act, which excludes a long list of purposes from the definition of a corporation including economic development.

The non-corporations are have been profusely chartered as corporations by the Maine legislature to serve as "instrumentalities of the state" and to transfer public money to the state's "targeted sector'

The Brunswick Development Corporation is a non-profit corporation for which the Town of Brunswick is its sole member, leading many to confuse the two as the same entity. However the BDC is governed by its own bylaws, while the Town of Brunswick is governed by the Maine State Constitution including the Home Rule Amendment. The bylaws for the BDC state that “The member shall have no voting rights” The sole member is the Town of Brunswick , while members of the town’s governance are included as officers or board members, either ex-officio or appointed, by excluding the only member of the non-profit corporation from having a vote is to exclude the inhabitants of the municipality from having a vote, as they are provided for by the Home Rule Amendment of the Maine State Constitution.

The questions remain – who created the BDC and where do their operating funds come from?
Read More at http://americanpoliticalphilosophy.blogspot.com/2013/10/how-maines-home-rule-amendment-was.html

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    Oct 22 2013: Thank you for the information Mackenzie.

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