Select Board authorizes chair or town manager to seek MMA legal guidance on policies, including special-revenue funds

The Town of Wayne Select Board voted Sept. 2 to authorize either the board chair or the town manager to request legal guidance from the Maine Municipal Association (MMA) on behalf of the full board regarding existing town policies or ordinances, including questions about special-revenue funds and third-party memoranda of understanding.

Background: A board member (Henry) reported he had sent the town's financial management and investment policy language to MMA with specific questions about whether the select board has authority to create special-revenue funds, whether such funds may be designated by board action rather than town meeting, and whether a board-created special-revenue fund could be governed by a memorandum of understanding with a third party.

MMA reply (as paraphrased by staff): MMA legal services asked whether the request represented the majority of the Select Board because MMA advises the board as a body and ethical rules limit advising individual board members separately. The Select Board discussed that constraint and agreed to authorize a representative to request MMA legal guidance on behalf of the whole board.

Motion and vote: A motion authorizing the chair or town manager to obtain legal advice from MMA on behalf of the entire Select Board carried unanimously.

Next steps: The town manager or chair will submit the board's questions to MMA and circulate MMA's written guidance to the Select Board. The board requested that the process be more efficient in future to avoid repeated scheduling to approve routine legal questions; members suggested forwarding questions collectively and CCing the full board on requests.