Members of the Budget Advisory Committee, not the commissioners, have final say on Franklin County’s annual budget, the county attorney said in a legal opinion sought in the wake of a disagreement over this year’s spending plan.

The opinion also confirms that this year’s $11.5 million county budget stands as is, along with $87,841 in cuts made by the committee that eliminated benefits for the commissioners.

In response, commissioners decided Tuesday to ask their state legislative delegation to seek an opinion from the Maine Attorney General’s Office regarding state law governing county budget procedures.

During the recent budget process, the Budget Advisory Committee eliminated $6,845 in flex benefits given to each commissioner annually to be used toward health care, on top of their $12,000 annual salary. The committee also cut money for a part-time administrative position and a $1,200 additional stipend for the commission’s chairman.

Commissioners had hoped to reinsert the spending into the budget either through line-item transfers or by using a contingency fund set aside for emergencies.

However, Gene Libby, the county attorney, said according to state statute, the commissioners and the committee may not further increase, decrease, alter or revise the budget after the committee finalizes it.

The committee’s actions are final, according to state law, he wrote in his opinion.

Since the committee has the statutory authority to take final action with respect to itemized deductions in the 2025-26 budget, restoring the funding through departmental line item transfers or through the contingency fund would be inconsistent with the Legislature’s intent in establishing the Budget Advisory Committee, as well as the plain language of the statute, Libby wrote.

As for the contingency fund, “the vote of the Budget Committee to withhold funding for specific line items does not constitute an emergency,” Libby wrote.

The county commissioners are elected by residents in five districts. The committee is chosen from among the selectmen of the towns in the five districts, who caucus to select the 11 members.

In reaction to the cuts and the decision, Commissioner Jeff Gilbert of Jay said he does not have health insurance without the flex benefit.

Commissioner Fenwick Fowler of Farmington said he didn’t think the committee’s decision to eliminate the benefits was fair, and Commissioner Tom Skofield of Weld agreed.

Fowler said he may have to pay some money back after receiving the benefit. “(The committee’s decision) does put us in a bind because of it,” he said.

Commissioners Tom Saviello of Wilton and Bob Carlton of Freeman Township were also at the meeting.