AUBURN — A public hearing will be held next month to amend the Androscoggin County Charter to prevent commissioners from increasing their salaries without approval of the Budget Committee.
Commissioners unanimously approved a motion by Randall Greenwood to schedule a hearing for Wednesday, May 6, on a proposed amendment that would insert a sentence into Section 3.7 of the charter concerning compensation.
The sentence reads: “Notwithstanding the final authority of the Board of Commissioners over the adoption of the county budget under Section 5.5.4, no increase in the salaries of elected officials is effective without the approval of a majority plus one vote of the full Budget Committee.”
The reason for the change is to clarify the language in the charter following a contentious budget process last fall concerning compensation for the commissioners. While commissioners did not vote to raise their salaries, they voted for a smaller cut than what the Budget Committee had recommended. Which board had the final authority to determine compensation for elected officials has been a point of contention since then.
To fend off concerns that they could raise their salaries with no oversight, commissioners proposed the amendment to clarify the Budget Committee’s role.
“Let’s not have a lawsuit. Let’s not have big, complicated proceedings,” County Commission attorney Bryan Dench said. “Let’s not have long, bitter arguments over which version of the charter should have been voted on or wasn’t voted on, or what some people meant or guess what several thousand voters meant when they voted the way they voted. Let’s just fix it. Let’s just address this problem directly.”
Dench gave a 20-minute presentation on the history of the charter, the problems with the original document, the reasons for the legislative fix in 2013 and his reasons for the legal advice he gave the commissioners on who had final budget authority.
On the latter point, Dench said it was clear from the language in the charter that authority belonged to the commissioners, saying the term “proposed budget” is used when referencing the Budget Committee.
“The only body that the charter describes in taking a final action is the Board of Commissioners,” Dench said. “The words of the charter were pretty clear.”
To get the charter amended, commissioners have two choices: a countywide vote following a public hearing or a bill passed by the Legislature in Augusta.
Sen. Nate Libby, D-Lewiston, told commissioners he already submitted a placeholder bill that could accomplish the change before the end of the current session.
“‘The voters decided the charter is the optimal course,” Libby said. “The legislative solution in 2013 was the result of an unusual circumstance of the incorrect charter being posted. I think we’re still in an unusual circumstance.”
County Commission Chairwoman Beth Bell and Commissioner Ron Chicoine said they preferred the matter be decided by voters rather than bringing it to the Legislature. Bell expressed frustration that using the legislative route previously left some questioning the commissioners’ motives.
“I really don’t want to go there again,” Bell said. “If the voters have the right to vote on any item, I would prefer that over the legislative process.”
The public hearing would not prevent commissioners from seeking a legislative fix.
Lewiston City Manager Ed Barrett, who has led the fight to clarify the role of the Budget Committee, said he couldn’t speak for his council, but thought the proposed change would be acceptable. However, he was quick to point out another concern.
“It still leaves the question of the authority of the Budget Committee out there, which for some people is as big an issue as the salary issue was.”
Commissioners assured him that they are working on a solution.
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