The authority of citizens to petition for the creation of a new position of business manager

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) -.---------------------- 71-103 RICl!ARD S. Col!FN ATTORNEY GENERAL STEl'IIEN I,, DIAMOND JOHNS. GI.EASON .IOl!N /vL R.. PATERSON ROBERT J, STOLT STATlc ()Jo' rvl/\lNE DEPARTMENT OF THE ATTORNEY GENERAL /\UGUS'I'/\, 1\1/\INE O~:l:I:l Representative Harold Hanson House of Representatives State House Augusta, Maine 04333 May 21, 1979 DEPUTY ATTORNEYS GENERAL Re: The Authority of Citizens to Petition for the Creation of a New Position of Business Manager. Dear Representative Hanson: You. have inquired as to whether the petHion presented to the Board of Directors in M.S.A.D. //57 to place an article on a school administrative district's budget warrant to implement a new position of Business Manager and to establish the in:itial salary for the position is authorized under 20 M.R.S.A. §226, sub-§2, paragraph B. It is the·opinion of this office that §226, sub-§2, paragraph B authorizes the placement of such an.article on j.:;he budget warrant if the Board of Directors have been properly petitioned. The second paragraph in 20 M.R.S.A. §226, sub-§2, paragraph B states: "When requested by 10%° of the number of voters voting for the gubernatorial candidates at the last sLate- wide election in each rm.micipality comprising a school administrative district, the Board of Directors shall place specific articles, not :Ln conflict with existing state statutes, in the warrants for consideration in the next ru111w1.l district budr.;et mcctinr:;, in accordance with this section." (Emphasis supplied) The standar".:l which the Legislature has established as controll:Lne; whether an article shall be placed in the warrant is whethe~ the article is "in conflict with existing ·,....- '!ft<"""'!"~~-~- ·---·-·-----··---.... --... ,-...... - 1'C!). I !;__u~old 11:JJ 1301 l May 21, 1979 . Page 2 state statutes." 'l'he proposed at"t:lcle discussed above does not appear to be :Ln conflict with any exist:ing stafe statutes and1it may, the:r;-efore, be placed on the warrant for the next district pudget meeting. · I trust the above is dispositive of the question you presented. WGB:lm cc: H. Saw:in Millett, Jr. Respectfully yours, J I /----·-) . . ii.: .. r· •. e,- .,\-; .. ,( ' ·- vh1ldumqr G. Uuschnann Assistant Attorney General 1This opimon does not mean that all articles petitioned to be placed on the wai.·>rants for district budget meet.ings would necessarily qualify under 20 M.R.S.A. §226, sub-§2, paragraph B. Rather, each article would have to be reviewed to detenn:ine whether it met the standard set by the Legislature of not being "in conflict with existing state statutes."