BUCKSPORT – They didn’t want to, but town councilors listened to their attorney.

The councilors last week rejected a request from the Maine Coalition to Save Schools seeking local money to help finance its petition effort to repeal the state’s school consolidation law.

While their sympathies clearly rested with the coalition and the repeal effort, the councilors heeded the advice of the town attorney, who had indicated it would not be appropriate for the town to donate town funds to the repeal effort.

The coalition is making a final push to gather the signatures necessary to send its repeal petition to the Legislature.

Town Manager Roger Raymond explained that Town Attorney Lee Bragg had indicated that it was all right for the town to spend money to educate people on a particular issue, but that the councilors could not spend town money to convince them to vote one way on an issue.

Bragg’s opinion ran counter to an opinion from Brian Dench, who, in a letter to coalition chairman Lawrence “Skip” Greenlaw, indicated it was appropriate for a municipality to donate money to the repeal effort so long as there was an appropriation of those funds.

“I do not think towns lack the ability to advocate for legislative or political action the voters or legislative body support as being in the best interests of the town,” Dench wrote. “They can under their home rule and other local authority. But there must be a reasonably clear vote to authorize the expenditure.”

Bragg countered, however, citing previous legal opinions that indicated a town “is allowed to spend public funds to disseminate public information and to make fair comment on an issue,” but that it cannot spend public funds to support only one side of an issue.

There also was some question as to whether the councilors would lose their immunity from suit if they voted to expend the funds. Bragg indicated that, in his opinion, they would be immune from suit over an allegedly improper appropriation, provided the action was not done in bad faith.

Still, the councilors followed their attorney’s advice, though they did so “with regret.”

Councilor Mike Ormsby noted that the information the council has received regarding the local consolidation efforts has indicated that joining a regional school unit as proposed in the law would cost the town of Bucksport more money than it would save.

“It’s a lot of money,” Ormsby said. “And there doesn’t seem to be any benefits to the town of Bucksport, or its citizens – or its students.”

Mayor Lisa Whitney questioned where the council should draw the line on what it will support with tax dollars, and Ormsby suggested it should go to the voters.

Although Raymond reminded councilors that there was the second legal opinion that it was “OK to do it,” he recommended they follow the town attorney’s advice.

“It’s not that you don’t support the effort of that group,” he said, “but our attorney is not sure that you can do this.”

Councilors voted regretfully, but unanimously, to deny the request.

rhewitt@bangordailynews.net

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