The Downeast Coastal Press, April 1-7, 2008—

Houses Passes Committee Report on Schools Bill 104-41

Outright Repeal Still on the Minds of Many

By Will Tuell

Five days after the Maine Senate voted 26-8 to approve a package of amendments to the much maligned school reorganization law, the House of Representatives followed suit by a 104-41 margin. In doing so, both chambers of the Legislature have assured a showdown with Gov. John E. Baldacci, whose administration opposes the portion of LD 1932 that preserves school unions as a school governance option.

“I’m very pleased,” said East Machias selectman Kenneth “Bucket” Davis in a recent phone interview. “We’re on the right track. A lot of legislators realized that they listened to the wrong people [the Baldacci administration].”

Rep. Jacqueline Norton (D-Bangor), chairwoman of the Education and Cultural Affairs Committee, who voted against the amendment package, spoke out against her Democratic colleagues who voted in favor just minutes before the final tally was announced. “The Committee of Conference Report leaves out several people’s points of view,” said Norton. “The people who want consolidation weren’t a part of it. The people who want repeal weren’t a part of it.”

Among those Democrats who abandoned Baldacci and were the object of Norton’s criticism were Sen. Dennis Damon (D-Trenton), Sen. Libby Mitchell (D-Vassalboro), Rep. Hannah Pingree (D-North Haven), and Rep. David Farrington (D-Gorham), all of whom represent rural communities, those most affected by the reorganization law.

Rep. Jim Schatz (D-Blue Hill), a maverick Democrat who has bolted from his party caucus on many issues in the past, voted against the measure March 25, but he did so for different reasons, echoing why some Republicans voted against it. “LD 1932 was billed as a fix for consolidation legislation that was passed last year,” said Schatz. “[But] It doesn’t go far enough. It leaves [in place] penalties and unreasonable timetables. It doesn’t address EPS [the Essential Programs and Services state subsidy formula], and there’s no assurance that savings will occur.”

Schatz made no secret of his plans to override any gubernatorial veto. “I would probably turn around my vote if it came to a veto,” he said.

Baldacci has not definitively signaled whether he will veto or not, but with strong two-thirds majorities in both chambers, observers think that he is in an unenviable position since many Democratic legislators have already stuck their necks out by opposing him.

“There are rumors going around that the governor may veto. We have since learned that this could be a pocket veto,” said Davis. Under such a scenario, the governor has 10 days to sign or veto LD 1932. If he does neither, and the Legislature is still in session, the bill will become law. If the Legislature has adjourned for the year, it will not be enacted unless legislators come back for a special session, at which time the governor will have four days to veto or the bill will become law. The Legislature is mandated to adjourn by April 16.

Davis said that Senate and House leadership would likely force the governor’s hand before this session is over, since the bill is likely to reach his desk before April 6. A special session is also possible, given contentiousness with the state’s budget and the prospects that the state’s deficit could grow once March’s revenue figures are divulged this month.

Whether LD 1932 will be enough of a change for rural communities leery of ceding power to larger governance units and to Augusta is yet to be determined. Some administrators, such as Union 102 Superintendent Scott Porter in Machias, have hinted that future changes may be in the cards next session.

“I think every session, if this isn’t repealed, you’ll see more and more of this law peeled away,” said Porter in a March 28 phone interview. He added that if the governor does veto the bill, and legislators are unable to override it, those who have been working to get the law repealed rather than reformed would have additional time to get the additional signatures of the 55,087 needed to force the issue to the ballot box. Although much talk has centered on the super-union amendment, and the split among Democrats over the issue, there is still much sentiment against the premise of the bill—the increased centralization of public education.

“I think a lot of people would like to see it repealed,” said Porter. “If the governor vetoes, that will give us more time to get signatures. No matter what the governor does, he’s not in a very good position.”