Chief counsel outlines charter amendment vs. revision process; 20% petition threshold explained

Mike Carey, the city's chief counsel, briefed the council on options for changing Lewiston’s municipal charter and the legal distinction between an "amendment" and a "revision." Carey said courts have used tests of breadth and depth to decide whether a proposed change requires the more exhaustive charter-commission process.

Carey told councilors a change defaults to a revision unless it is both narrow in breadth and shallow in depth. He cited the Fair Elections Portland case as guiding precedent and explained that a revision could trigger a charter commission with elected and appointed members and a multi-month review. "If the breadth of the change is sufficiently narrow and the depth is sufficiently shallow, it can be an amendment," Carey said.

Petition and timeline mechanics: Carey said citizens can force a charter commission by petition with signatures from 20% of registered voters who voted in the last gubernatorial election, or the council may initiate a change. A charter commission would hold public hearings, issue a preliminary report within nine months and a final report within 12 months before sending proposed language to voters by referendum.

Practical question and next steps: Councilor Chittum raised a practical example — changing a single letter reference in the charter (subsection d to e) — and said she would prepare a narrow amendment for council consideration to place on the November ballot. Carey said staff would need to review the language and legal effect before confirming whether a clerical change could be treated as an amendment or must proceed as a revision.

Context: Carey gave examples from other jurisdictions, including case law that found some changes (such as making a manager subject to recall) to be revisions because of their broad effects, while other changes (eliminating council seats while retaining council–manager government) were treated as amendments.

What's next: Councilors asked about timelines and costs for charter questions so they could decide whether to pursue a council-initiated amendment or refer citizens to petition. Carey said statutory timelines for referendums and notice apply and staff would advise on election timing and administrative costs.