LISBON – The School Committee has voted not to support a proposed town charter that will go to voters Nov. 8 because of a clause that members fear would affect union contracts.
The charter would require a referendum vote for contracts of more than one year and in excess of $100,000.
That means school and town collective bargaining contracts would require a referendum vote, which may violate the Maine Labor Relations Act, according to the School Committee.
Its members worried also that the charter mandate may create the need for numerous referendum votes throughout the year, which would result in increased costs to taxpayers.
The committee also expressed concern that the proposed Town Council would have the authority to investigate school personnel issues. Currently, the School Committee has that authority.
“There is a potential for very serious issues if both the Town Council and School Committee were conducting investigations about a specific issue at the same time, or if they come to different decisions as a result of an investigation,” the committee wrote in a prepared statement. “This could have a significant impact on our employees and potentially result in extensive legal fees to the town.”
But such concerns have no merit, according to a memorandum issued by the Charter Commission’s attorney, Bryan M. Dench.
“If the comments had merit, they would be potentially of great concern, however, the comments do not have merit and the Commission need not be concerned about them,” Dench advised.
In a 10-page document, he detailed Maine statutes, concluding that based on reviews of the proposed charter, and research into the Maine Constitution, statutes and case law, all provisions in the charter questioned by the School Committee “are valid, legally enforceable and warrant no revisions.”
Charter Commission Chairman J. Michael Huston on Friday expressed confidence in the proposed charter. The language is not unique to Lisbon and has been used in other town charters, he said, adding, “I’ve never heard of anyone being sued.”
The proposed charter would eliminate town meetings and establish a town council form of government. The Board of Selectmen and Town Manager Curtis Lunt support the change.
Lunt cited two advantages taxpayers would have under the charter: the right to recall elected officials and to send certain issues to voters for approval.
Comments are no longer available on this story