AUBURN – Before the Androscoggin County Budget Committee begins weighing a $10.6 million budget proposal, the nine-member group aims to get a little bigger.

They also levied a challenge against the County Commission: Sue or be quiet.

“It’s time to dig in and do battle or move forward,” committee member James Bennett told the commission.

The appointees voted unanimously Wednesday to fill two vacancies, open seats that Maine law mandates be filled from someone from Auburn, Poland, Minot or Mechanic Falls.

“It’s my opinion that this board lacks two representatives,” said Bennett, who also serves as Lewiston’s city administrator.

Not everyone agreed.

“The committee is lawfully constituted,” Commission Chairman Elmer Berry said. And Maine law never foresaw this exact circumstance, said the commission’s attorney, Jennifer Thompson.

“Unfortunately, the statute doesn’t provide a mechanism,” she said.

The squabble began in August, after three days of commission-run caucuses, created to gather nominations for the committee.

Auburn leaders missed them, as did leaders from Minot and Poland. Only one town in its district, Mechanic Falls, forwarded a name: Dan Blanchard.

The meetings should have taken no one by surprise. County Clerk Pat Fournier sent letters and faxes to each municipality.

Auburn Mayor John Jenkins apologized Wednesday for Auburn’s failure, but pleaded for his district to get more members.

“We only want taxation with representation,” he said.

All eight members present – legislative appointee Rep. Lois Snow-Mello did not attend – agreed to take nominations at their next meeting, scheduled for 6 p.m. Oct. 31.

Bennett pleaded with the commission to let the nomination process go through. The alternative would be to go to court and pay lawyers.

If that happened, the commission would be forced to hire an independent lawyer for the Budget Committee, paying the bill for both sides of the argument, Bennett said.

“Quite frankly, I think that’s a whole lot of public money to be spent to deny people representation,” he said.

Commissioners gave no indication what they will decide.

Mechanic Falls Town Manager John Hawley said he was saddened by the meeting.

“In the day when taxpayers are screaming for relief, it seems fiscally irresponsible to once again spend money only to prove a point that is very vague in the statute,” Hawley said.

“History has required those positions and regardless of how they were vacated, it seems as though all parties should agree that they need to be filled without the need of a costly legal opinion,” he said.