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Town attorney: code likely does not require supermajority to adopt tax rates; council remains divided
Summary
Council members sought guidance on whether adopting the master tax and fee schedule requires a supermajority. Town counsel said his read of the code did not require a supermajority for the current action, though he acknowledged the issue has been interpreted differently in the past.
Several council members asked whether adoption of the master tax and fee schedule would require a supermajority vote. Council member Stout and others cited prior advice that five votes were necessary when taxes were "imposed;" they worried that a contrary legal reading could expose the town to litigation.
The town attorney responded that, after reviewing relevant sections of state code and local ordinances, his opinion was that a supermajority is not required in the present circumstances: "...looking at the section of the code...my conclusion...was that...a super majority was not required in the situation," he said. He acknowledged contrary opinions exist and suggested the council could request an attorney-general opinion for definitive guidance.
Council members pressed that if the interpretation is later proven incorrect, it could create legal risk; the attorney noted that the greater risk historically has been associated with increasing taxes and that advice reflected an abundance-of-caution approach when certainty is needed.
