EPPING — Selectmen voted to spend up to $1,500 Monday night to seek a legal interpretation of a law regulating the spending of surplus funds.

In a 4-1 vote, the board agreed to ask the town’s attorney to take a closer look at Senate Bill 373 — legislation signed into law this year that allows a school district to retain a surplus for emergencies and to lower the tax rate.

The vote follows a spat between some selectmen and school board members over the school’s decision to use $202,000 of a school budget surplus that school officials say was around $550,000 to fund projects and make other purchases that weren’t included in the budget.

Selectman Karen Falcone and Selectman Dianne Gilbert have criticized the spending, saying the money should have been used to offset taxes.

They also stress that other town departments have needs as well and that it’s time for the school board to take them into account.

The school board originally voted in June to spend $366,718 of the surplus on numerous projects, but school officials said they ended up spending around $202,000 on building improvements and items such as new books, classroom phones, and iPads.

In June, the surplus was projected to be around $725,000, according to a school district business report, but school officials said it ended up closer to $550,000.

Falcone said she wants the town’s attorney to offer an opinion on how the law that is specific to school districts could affect surplus spending on the town side as well.

In addition, Gilbert said the law doesn’t define “emergency.”

Selectmen contacted the Local Government Center — an organization representing member towns and cities across the state — over the summer to see if it would offer a legal opinion on the surplus issue, but Falcone said the town was advised to contact its attorney.

“It’s one way to protect the taxpayers,” Gilbert said of the decision to seek clarification on a law that appears to restrict the use of surplus funds.

Selectman Jim McGeough voted against seeking legal advice.

“I think we’re jumping the gun,” said McGeough, who has been opposed to selectmen interfering with the school board’s decisions on spending. He has also argued that paying the town’s attorney to review the law will only cost taxpayers more in legal fees.

jschreiber@newstote.com