Following a legal opinion from the Maine Municipal Association, the Wiscasset Board of Selectmen approved the town’s $400,000-plus payment to RSU 12 at their meeting on Aug. 2.
The selectmen voted not to send payment to the RSU at their July 19 meeting, after Selectman Ed Polewarczyk questioned the town’s responsibility for paying the monthly bill, because a majority of Wiscasset voters opposed this year’s budget at the polls in June.
Following that meeting, the town sought legal advice on the matter from MMA, which was provided in an email to Town Manager Laurie Smith from MMA Legal Services Assistant Director Richard Flewelling.
In his email, Flewelling makes it very clear that the town has no right to refuse payment to the RSU based on Wiscasset’s vote on the budget. Voters of Wiscasset have no authority except as voters of the district, and therefore the vote total for any individual town is irrelevant if the budget passes in the district overall.
According to Flewelling, if Wiscasset fails to make the payment, the RSU may assess interest to the town, or pursue legal remedies including suit, diversion of state funds due the municipality, attachment and sale of the municipality’s property, and attachment of the municipality’s bank accounts.
The selectmen voted 4-1 with Polewarczyk opposed to approve payment to the RSU.
Prior to the vote, Polewarczyk said the issue highlights the need for the town to explore their options regarding membership in RSU 12.
“I’ve received a lot of comments about the RSU,” Polewarczyk said. “Many against the RSU, and not many for it.”
Polewarczyk called for voters to start a petition, or otherwise let the selectmen know what they want regarding the RSU.
