ALFRED — A judge may have to decide who has the authority to call the caucus to fill vacancies on the York County Budget Committee.

That possibility was raised Wednesday as elected officials, representing their respective municipalities, gathered with members of the public for a caucus called by budget committee Chairman John Sylvester.

York County Commissioners have said, through County Manager Greg Zinser, that they will recognize only the budget committee members elected at a caucus they’ve called for Sept. 19. Commissioners said they called the caucus for that date to be more proactive and draw attention to the budget committee caucus process.

While some said the budget committee should seek an injunction against York County Commissioners, others suggested the budget board wait to see if the commissioners will file an injunction against them, and some felt a different approach should be in order.

Wells Selectman Richard Clark, re-elected to the budget panel Wednesday, said he doesn’t believe an injunction against the commissioners is the right idea, though he said he’ll go along with it if that is what is decided.

“I hope the decision is not to run off to court ”¦” said Clark. “If you’re the first one to go to court, the position hardens and people’s minds harden.”

Clark pointed out that the municipalities pay 90 percent of the county budget, and said the budget panel has a duty to deliver a decent budget that serves the people of York County.

“I won’t be the one to throw the first stone, but I’ll be the second,” he said.

William Burns of Hollis said the assembly should attend the Sept. 19 caucus and vote in the same members to the budget board.

“I’m not saying they have a right to hold the caucus, but you’re covering your behind” by attending, said Burns.

He said the budget committee could spell out in a letter that their attendance doesn’t mean they accept that commissioners have the right to call the caucus.

Wells Selectman Bob Foley said attendance would give credence to the commissioners’ view that they have the right to call the caucus.

Most present indicated they don’t plan to attend the Sept. 19 caucus.

Jim Emerson, a Biddeford School Committee member, said he believes a judge will ultimately have to decide, and reminded those present that the Sept. 19 caucus is imminent.

Biddeford City Councilor Rick Laverriere agreed.

“There’s a tug of war. The only way to settle it is court,” he said.

Sylvester told the group that a legal opinion from attorney Ron Bourque shows the statutes include no role for county commissioners in the budget committee process. The 12-Town Group has contributed to a legal fund, and Sylvester said he may approach York County municipalities that are not 12-Town Group members for a contribution.

Saco City Councilor Eric Cote, an attorney, said he has read Bourque’s opinion and he believes it is correct.

Zinser, the county manager, has previously said he has spoken with the county’s legal counsel and believes commissioners have the authority to call the caucus. He said all of the statutes governing county government must taken into consideration, not just the ones that specifically address the budget committee.

Sylvester said he’ll talk to legal counsel today and let commissioners know the results of the caucus. He said Alfred selectmen will follow Waterboro’s lead and write to the commissioners letting them know they’ll recognize the Sept. 5 caucus as the official one. Representatives of the other municipalities present said they’ll follow suit with the letters recognizing the Sept. 5 caucus.

The 39 elected municipal officials present Wednesday elected 10 people to fill vacancies on the 16-member board. In all, about 45 people attended, but only elected municipal officials may vote. The budget panel is made up of two municipal members, who must be elected officials; one public member from each of the five county commissioner districts; and one member of the Legislature.

Budget committee Vice Chairman Joseph Hanslip, also re-elected Wednesday, said the calling of the caucus by commissioners is one more attempt by them to take control of the budget process. He recalled a 2011 attempt through state legislation that would have changed the budget committee to an advisory board, with half of its members appointed by the commissioners. That bill died in committee.

The budget adopted by the budget committee is the final authorization for assessing county taxes, according to state statutes, and may be changed only by a majority vote of both the budget panel and county commissioners.

Sylvester told the group that if the commissioners’ motive, as they have said, is to raise awareness of the caucus process, then their goal has been accomplished.

Elected Wednesday were Dean LePage, William Burns, Jim Emerson, Art Tardif, Paul Fecteau, Joseph Hanslip, Skip Bartosch, JoAnn Putnam, Richard Clark and David Barton. Other members include David Spofford, David James, TammyJo Girard, Dwight “Chip” Venell and Sylvester.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, Ext. 327 or twells@journaltribune.com.