This publication is presented for "Classroom Use Only." Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.
STATE OF
MAINE
DEPARTMENT OF THE ATTORNEY GENERAL
AUGUSTA, MAINE 04333
June 21, 1978
Dear Representative:
I am responding to your oral request for advice from this office on the question of whether one person may simultaneously hold the positions of town selectman and member of the local school committee. A review of previous opinions of this office indicates that the office of town selectman has been considered incompatible with that of school committee member or member of a district board of directors on several occasions in the past. See: Opinions of the Attorney General, May 1 and 15, 1936; April 18, 1942, May 15, 1968, February 17, 1972. We have reviewed these earlier opinions and find no reasons to change our opinion at the present time.
One of the primary reasons for finding an incompatibility between the offices of selectman and member of a school committee lies in the method in which school expenditures are approved. Title 20 M.R.S.A. § 853 provides that appropriations from the municipal treasury for school purposes can be made only upon the written order of the municipal officers (selectmen) and that this order may not be given until a bill of items has been approved by a majority of the members of the school committee. The statute appears to intend that the two functions be separate in order to maintain close scrutiny over educational expenditures. Therefore, if one individual were to perform both functions, the duties of the respective offices would conflict with each other and the offices are incompatible.
It should be noted that there are several types of administering bodies for the various types of school administrative units within the State. This opinion is intended to apply only to situations involving selectmen and members of municipal school committees. Any other situation involving different offices would have to be examined separately under the applicable statutes.
Sincerely,
Attorney General