The Franklin County Commissioners recently faced a dispute over whether they could reallocate about $30,000 – primarily for health insurance stipends – after the County’s Budget Advisory Committee voted to cut those benefits. Seeking clarity, the Commissioners turned to the designated Franklin County Attorney Gene Libby.
In a September opinion, Attorney Libby firmly concluded that shifting funds to restore the stipends would violate both the Legislature’s intent and the plain language of the governing statute. His analysis underscored that the Budget Advisory Committee’s decision was lawful and that Commissioners lacked authority to override it by transferring money from other departments or contingency funds. Furthermore, in a related legal opinion on this issue, Maine Attorney General Aaron Frey wrote to Franklin County’s elected representative and state senator, stating that “Attorney Libby accurately describes what Maine law requires with respect to the county budget process.”
Attorney Libby’s clear interpretation of the statute effectively resolved a long-standing ambiguity about the committee’s power, reinforcing the integrity of Franklin County’s budget process. His guidance not only prevented an improper expenditure but also affirmed the checks and balances envisioned by Maine law.
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