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City attorney outlines how charter limits budget increases and how council can amend the budget
Summary
City Attorney Marty Eisenstein told the Lewiston council the charter ties the municipal tax‑levy increase to the CPI (3.3%) but said the council may exceed that cap with a five‑member affirmative vote; he also explained the school budget referral and referendum steps under state law.
Marty Eisenstein, the city attorney, told the Lewiston City Council that charter section 6.07(g) and related Maine statutes constrain the municipal tax levy and set a 3.3% ceiling tied to the CPI for the Northeast region. "The tax levy can be no greater than 3.3% of last year's budget," Eisenstein said, and he explained the council can waive that limit only by an affirmative vote of five councilors.
Eisenstein walked the council through the amendment process, saying the charter allows the council to "add or increase programs or amounts and may delete or decrease any programs or amounts except expenditures required by law or for debt service." He advised that while workshops are useful for consensus, a formal amendment to the budget is adopted by resolution and councilors may, following proper protocol, offer amendments from the floor.
Councilors sought clarification about whether the CPI cap applies to the total certified tax levy (city, school and county). Eisenstein said his reading of the charter and state law is that a tax levy is intended to produce revenue sufficient to pay all city expenses, including school and county components, but several councilors argued past practice and the charter text showed the city's intent was to apply the cap only to the municipal (city) portion. Administrator Kinrath and Director Roy confirmed that the administration's worksheets present a "total tax levy" figure that combines city, school and county amounts, and they said their short‑term work to reach the CPI target had focused on the city's portion.
The council discussed logistics for offering and processing amendments. Administrator Kinrath recommended an internal deadline to give finance staff time to calculate impacts; Clerk's office staff said items to be included in the May 19 agenda packet must be submitted by Wednesday at noon (May 13), while the council settled on an internal hard deadline of close of business on May 7 (4:30 p.m.) for proposed amendments that require staff analysis. The administration also reiterated that, although an amendment can be offered from the floor, submitting amendments in advance helps ensure accurate impact calculations and public transparency.
The exchange left two points clear: the city attorney's formal interpretation that Levy figures may encompass school and county components; and the practical approach the administration will use to model amendment impacts for the council. The council did not take a formal vote on reinterpreting the charter language during the workshop and agreed to seek further legal advice if needed.
