From Maddie_C (promoted from comments):

The council voted to table the issue until early May so that they can hear from their lawyer and maybe understand better what the state is going to do.

There was a lot of talk about what the council can and can't do under the law with a reference to Rhode Island general laws section 16-7-23 which says of the school department's surplus: "All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality." That, plus school department attorney Updegrove read a section from the town charter that says the council has the power: "To transfer appropriations within the Town budget (exclusive of the School Department budget) not to exceed the total appropriated."

Taken together, that makes it seem like the council can't vote to take the school surplus money, but Town Finance director Faucher said he had spoken to the town solicitor who said they could take the money. The solicitor wasn't there to address it.

So, that uncertainty along with the fact that they'll know more about what the state is doing if they wait a bit more leading to the motion to table.

From Terri Cortvriend:

The Town Council met with the School Committee this evening prior to the School Committee’s regular meeting to discuss the fate of a surplus of $217K on the school side from the end of the 07/08 fiscal year. The Town Council has asked the school department to turn over this money to close a projected gap in the Town's current budget, but the school department has factored this surplus into the budget it just submitted for the 09/10 fiscal year. There was a good turnout of parents in the Council chambers, many from Elmhurst who wanted to hear the discussion.

The legalities were discussed at length. Title 16-7-23 clearly states that the money is to remain under the school department’s operational control. It was put forth by the Town Administration that while the town council could not take the surplus, it has been advised by counsel that it can reduce the school department’s appropriation for this current fiscal year. The town’s solicitor was not present to speak to this but school department's lawyer, Mr. Updegrove, was on hand and read from our Town Charter language that would seem to prohibit the action the Town is requesting. He also challenged the wisdom of voting to make a decision that would put the school department in a situation that they may feel they have to challenge through the legal process putting the town back where it was after the Tent Meeting.

Councilors Jim Seveney and Dennis Carnario expressed concern over robbing Peter to pay Paul and questioned the legality of the action. School Committee Chair Dick Carpenter and Dr. Lusi suggested that it was premature to act on the request with so many unknowns on both the school side and the town side. They asked for the discussion to be continued until early June where everyone would have a better sense of where they were. Dr. Lusi and Mr. Carpenter both personally pledged a willingness to work with the Town Council and put forth the idea that with more time they may be able to meet the council halfway.

This observer sensed a desire on the part of most council members to work cooperatively or to at least put off an outright confrontation between itself and the school committee, with the exception of Councilor Karen Gleason who put forth a motion to reduce the school department's appropriation. She reminded the school department that times are hard and that they should acknowledge that programs will need to be cut and that it was time to get back to the basics "of reading and writing and arithmetic." She admonished the school department for not being thankful that the town has always been so generous to the school department and that because the town gave money to the schools back in 2005 to close the gap that Dr Lusi discovered when she first arrived on the job, now was the time for the school department to return the favor. In the end, Gleason never got her motion voted on; Councilor Huck Little made a motion to table the discussion until the council could hear directly from its legal counsel. The matter was continued until May 4th at 6:00 pm in advance of a Council budget meeting already on the calendar. Only one member of the public was permitted to speak last night but in the interest of time Mr. McIntyre told the others that the Council would hear from them at the next meeting.

This observer stayed for the school committee meeting that directly followed the highlight of which was the student spotlight shown on Caleb Hilyard, a second grader from Hathaway, who organized a funding raising effort called “Change for Change” that was successful in raising $4,150 that will be used to build a new house in Haiti. It sounded as if the whole school supported Caleb in his efforts and the fundraising was turned into a learning opportunity for the second grade as they graphed and charted the money being raised in the form of a model house that the kids could watch being built brick by brick as the money came in. Members of Caleb’s class were on hand to support and acknowledge his hard work. It was a very gratifying and uplifting to learn of the success of this project and be included as an observer in the celebration of Caleb Hilyard.

The rest of the meeting was short and pretty uneventful. Ms. Tague presented the February and March Financials and projected that while adjustments would need to be made from various lines to cover shortages overall the department was on track to complete the 08/09 fiscal year on budget and perhaps with a small surplus (Perhaps this will be $ that can be used by the town?????)

The SC ratified a contract for natural gas that is projected to save the school department approximately $67K in the next 2 years. The food service contract for the next four years was also awarded to Chartwell’s (our existing provider) with no discussion. Despite a late start the meeting was adjourned before 9:00pm.

Editorial note: Many, many thanks to both Maddie_C and Terri for pitching in with coverage last night.