Town In Bind Over Meeting

Town In Bind Over Meeting
Officials must violate bylaw to close fiscal year
Eryn Dion
News Staff Writer

TEMPLETON  What should be a simple special Town Meeting to clear up several last minute financial transfers and close out the fiscal year has put officials in a bind, forcing them to violate a town bylaw in order to appease the Department of Revenue and comply with state regulations.

According to state statute, a city or town must close the fiscal year by July 15. Town Accountant Kelli Pontbriand informed the Board of Selectmen last week of three line items — the Templeton Center playground, veteran’s benefits, and health insurance accounts — running in the red that would need to be covered through transfers approved by a town meeting vote.

Complicating matters is the town’s recently adopted bylaw, stating a special Town Meeting warrant must be open for two weeks, and then posted an additional two weeks ahead of the actual meeting date, putting the town well behind the DOR’s July 15 deadline.

The revenue department, interim Town Administrator Bob Markel said, was not helpful in providing a feasible workaround, offering no advice on how the town could circumnavigate the conflicting regulations.

“I asked what they recommend, and they have no recommendation,” Mr. Markel said. “They said, you’re bound by a variety of rules and it seems as though you’re in a bind.”

As a compromise, Mr. Markel advised selectmen to close the one-article warrant for a special Town Meeting — scheduled for July 14 — that night. The board would then open the warrant for a second meeting to be held on July 27 which complies with the town’s bylaws.

“So if there are any residents of the town who would like to file a citizen’s petition, they would be given that opportunity and a two-week period to do so.”

Mr. Markel also stressed that there is no budget deficit for the current year and the funds necessary are readily available.

“We do not have a problem other than rules and regulations,” he commented.

Selectman Doug Morrison said it was “unfortunate” that the town was put in this position, but the state law clearly takes precedence over a town bylaw.

“We worked hard to gain some credibility from the state and I think it would be foolish not to continue going forward,” Chairman John Columbus said in agreement.

The board voted 4-1 in separate votes to close the warrant for a July 14 meeting, approve the article, and open the warrant for the July 27 meeting, with Selectman Kenn Robinson providing the only dissenting voice on all three counts.