ALFRED — York County Superior Court Justice John O’Neil said he expects to issue a decision within 30 days on a civil complaint that pits the York County Budget Committee against York County Commissioners.

Commissioners censured members of the budget board in July after board members declined to sign disclosure forms associated with an ethics policy the county commission had adopted. The disclosures were designed to identify potential conflicts of interest. Instead, budget committee members approved their own ethics policy and disclosures.

Budget committee members, through their attorney Brad Morin, said the censure should not be allowed to stand and filed the four-count complaint against commissioners in August. The complaint questions the authority of the county commissioners to censure the budget panel; whether commissioners have the authority to enact an ethics policy that binds the budget committee; whether commissioners have the right to declare votes of the budget committee voidable; and appeals the governmental action of censure.

O’Neil heard oral arguments Friday morning.

Morin argued that budget committee members are volunteers elected in an annual caucus over which commissioners have no authority. He said because of the censure “their names were dragged through the papers,” as if they had done something unlawful.

Budget committee members balked at a clause in the county ethics policy that states that a budget committee vote “may be reviewed, modified or reversed by county commissioners.”

Morin said Maine statutes don’t provide an opportunity for the county commission to nullify a vote made by the budget panel.

County attorney Gene Libby said the county code of ethics clearly doesn’t grant commissioners the authority to overrule a substantive decision of the budget board, and that he had written to Morin and told him so.

“The only authority is to review the conflict (of interest) issue,” said Libby.

Libby called into question whether the issue was ripe for a decision, because an event has not taken place. Libby argued the budget committee members are clearly county officials. And, he added, the budget panel has no authority to enact an ethics policy. State statutes governing budget panels in six counties spell out that they may enact their own bylaws, but the Legislature did not give that authority to the York County Budget Committee, Libby noted.

The Legislature established county budget committees individually, over time. York County’s budget committee was created by an act of the Legislature in 1993. Prior to that time, the Legislative delegation acted as the county budget panel.

Morin pointed out that the budget committee is made up of municipal and public members, and one member of the Legislature, who doesn’t have a vote. And he questioned whether the legislative member would be considered a county official, subject also to censure.

O’Neil asked about the nature of censure.

Libby said it is an expression of public disapproval and a warning, and that a violation of the disclosure could make an action “voidable.”

O’Neil asked who would decide whether a decision was voidable.

Libby said the only authority the commissioners would have under the ethics code is to review a budget committee decision if a conflict were involved. He said commissioners have no authority to adopt a budget without following the statutes currently in place, in which the budget committee files a final budget.

O’Neil said sometimes conflicts aren’t immediately apparent without disclosures.

Morin said budget committee members had filled out disclosure forms, and noted Roberts Rules of Parliamentary Procedure also address conflicts of interest.

The county code of ethics applied to all county officials and employees, Libby said.

Libby said the ethics code was adopted by commissioners to make sure people disclose their affiliations. He said implications that it will allow commissioners to interfere with the budget process aren’t true.

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