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Wayne select board seeks MMA guidance after finding 'Last Special Fund' paperwork missing; tables donations
Summary
The select board decided to ask the Maine Municipal Association whether a bank account long labelled as a trust may instead be treated by warrant at town meeting, and tabled two $1,000 donations to the account pending guidance.
The Town of Wayne Select Board voted on Feb. 17 to seek advice from the Maine Municipal Association (MMA) after staff determined that an account labeled the H & G Ladd (Jaworski) Trust lacks a located trust instrument or evidence that a town meeting accepted the gift.
Town manager Shannon told the board the account was opened around June 2017 and the packet indicated an opening balance roughly $23,700. She said town staff could not find a trust instrument or evidence of town‑meeting acceptance and that prior aid payments for the program had instead been paid from town uncommitted reserves. Between July 1, 2019 and June 30, 2025 the town recorded donations of about $15,800 and aid distributed of about $27,900; some earlier expenditures pre‑date the town's current accounting system and were approximated.
Board members and public commenters said donors expected the money to be used to help Wayne residents. Several members suggested options including asking the donor organization to affirm the intent, resolving status through a town‑meeting warrant article to establish a non‑lapsing special reserve, or liquidating and moving the balance into an identified town account. One motion to immediately liquidate the account and move funds into the regular budget was made and then rejected. The board instead voted to ask MMA whether the matter can be resolved by a warrant article and to revise policy as necessary.
While MMA advice is sought the board tabled action on two checks totaling $2,000 intended for the fund; the treasurer reported a current ledger deficit of about $850 that the town would like to reconcile. Town manager Shannon and other board members said the outcome will determine whether interest or principal is available to spend or whether only interest may be used if the account is legally a trust.
Why it matters: If the account is legally a trust, state law generally limits municipal spending to the account's income unless the trust instrument indicates otherwise; if it is not a trust the town could treat the monies as a designated special fund under town meeting authority. The board's decision to seek MMA guidance aims to avoid an improper expenditure of donor‑designated money or an unintended violation of state statute.
Next steps: Staff will submit a short description of the proposed warrant language to MMA, hold the two $1,000 donations until the board receives guidance, and report back at the next select board meeting.
