Voting on budgets and making motions to amend budgets of school administrative district by school administrative district employees

# 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) **This document is from the files of the Office of the Maine Attorney General as transferred to the Maine State Law and Legislative Reference Library on January 19, 2022** Collection - voting on school budgets by teachers Conflict of Interest - Employees of SAD barred from voting on budgets of SAD who employ them. #79-17 RICHARD S. COHEN ATTORNEY GENERAL [LOGO] JOHN M. R. PATERSON DEPUTY ATTORNEY GENERAL # STATE OF MAINE # DEPARTMENT OF THE ATTORNEY GENERAL # AUGUSTA, MAINE 04333 February 12, 1979 Representative Carl Smith Representative Len Lougee House of Representatives State House Augusta, Maine 04333 Dear Representatives Smith and Lougee: This is in response to your oral request for our opinion as to whether employees of a school administrative district are barred from voting on budgets or from making motions to amend budgets of the school administrative district which employs them because of a conflict of interest. Assuming that the employees of the school administrative district are registered voters in the municipalities which comprise the district, then they are authorized to act on the budgets at the district budget meeting of the school administrative district which comprises these municipalities. Regardless of whatever conflict may be presented regarding the fact that the employees are employed by the district and their vote on the budget may affect the level of funding available for meeting payroll expenses of the district, the law specifically authorizes them to be able to vote at the district budget meeting. In particular, 20 M.R.S.A. §226.1(B) requires that all voters within the district be notified to assemble at the time and place appointed for the budget meeting and 20 M.R.S.A. §226.4(A) states that: "Each person whose name appears on the municipal voting list of the municipalities within the district and is qualified to vote in municipal affairs may attend and vote at a district budget meeting." Part of the process for adopting a budget at the district's budget meeting includes the rights of voters to make motions to amend portions of the budget or to call for a vote on the budget. Therefore, employees of the district, who are registered voters within the district, have the same right as any other registered voter to make motions regarding the budget. I trust the above satisfactorily answers the questions you have raised. Respectfully yours, Waldemar G. Buschmann Waldemar G. Buschmann Assistant Attorney General WGB:lm