Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-01

the union superintendent OF SCHOOLS ana
when once fixed by that committee there
is no doubt in his mind but that the SAL
airy of the union superintendent of
schools must be paid.
Supt. Smiths Query.
Hon. Payson Smith Of Augusta, the
State superintendent Of public schools.
sent the following communication to the
attorney generals office bearing on the
matter:
will you kindly give to me an opinion
as to the force of that clause in Section
Il of Chapter Is of the Revised Statutes
as amended which has to do with the FIX
ing Of the salary Of a union superinten-
dent Of schools?
1.-THE point which arises is this: Is
Joint committee in fixing the salary of
union superintendent of schools bound in
any way by the previous appropriation
OF town or city, or does this section give
| to the Joint committee final authority to
act within its own Judgment as to the
amount which shall be apportioned and to
be paid by each of the towns of the
| union?"
Mr.. Dunbar's Reply.
The reply Of Assistant Attorney General
DUNBAR is as follows
Yours Is before me asking for the
| opinion Of this Office relative to the con-
struction Of Section IL of Chapter Is of
| the Revised Statutes as amended and
more particularly to that part of said
section which relates to the fixing of SAL
aries OF union superintendents of schools
The aforesaid section reads as follows:
THE school committee of the town COM
prising a union shall form Joint COM
mittee, and for the purposes of this sec
ton and the four following sections said
joint committee shall be held to be the
agents Of each town comprising the union.
Said Joint committee shall meet annually
at day and place agreed upon by the
chairman of the committee of the several
towns comprising the union, and shall or
ganze by the choice Of a chairman and
secretary. They shall determine the rela-
tive amount of service to be performed by
the superintendent in each town, includ-
ing the minimum number of visits to be
! made each term to each school, fix his
salary, apportion the amounts thereof to
be paid by the several towns, which
amount shall be certified to the treasurers
Of said towns respectively and to the
State superintendent of schools, together
with the amount apportioned to each
town; provided that the amount so certi-
fed shall be in proportion to the amount
of service performed in the several towns.
They shall choose by ballot a superinten-
dent Of schools for term not exceeding
five years but the period of such election
shall not exceed that for which the union
Of the towns has been authorized"
"At the very outset after the joint COM
mittee is formed we run into question
of agency for the section reads that said
Joint committee shall be held to be the
agents OF each town comprising the
union and to my mind this alone out
side of any other statute governing the
matter is sufficient to give the joint
committee the right to fix salaries and
do other things necessary to carry out
the purposes of said union as long as
they as agents act within the apparent
scope of their authority, but the statute
goes even further for it specifically states
many of the duties, namely that they
shall meet annually at a day and place
and shall organize by choice of chair
man and secretary. then they determine
the relative amount of service the super
intendent shall give. the number of visits
to be made In each term, apportion the
salary to be paid and choose by ballot a
superintendent.
"All these duties devolve upon them
and them alone. but the statute goes
further and reads that this committee
(not any other body shall fix his salary
and when once fixed by them there Is
no doubt in my mind but what it is bound
to be paid.