Select Board asks town counsel to review regional school agreements and amendment process
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Summary
Board members asked the Town Administrator to consult town counsel to determine which regional school agreement is legally in force (1977 or 2004 versions), whether the 2004 agreement’s procedural steps were completed with DESE, and how to compel or request a member town to place an amendment on a town-meeting warrant.
Several Select Board members raised legal and procedural questions about the regional elementary school agreements governing Templeton’s relationship with neighboring towns and the regional school district.
Members noted there are multiple documents (1977 agreement, a 2004 agreement and a more recent proposed amendment) and expressed uncertainty about which is currently in force. One board member said that while the 2004 agreement was voted and signed locally it may not have been submitted to DESE (the Department of Elementary and Secondary Education), and argued the town may have a legal claim if required steps were omitted. Members also discussed the consequences if a member town refuses to place an amendment on its town-meeting warrant, and whether the matter could be remedied administratively or would require legal action.
The board asked the Town Administrator to consult town counsel and request specific legal opinions on (1) whether the 2004 agreement is valid given the procedural history, (2) if the amendment requirement in the regional agreement has been followed and if not, what remedial avenues exist, and (3) whether the town has standing to require a member town to place an amendment on its warrant. The Select Board requested counsel’s response for a future meeting.
