EAST PROVIDENCE — Future School Committee members will not have the option of getting health-care benefits from the city.

A similar request was made and approved by the majority of the board three months ago, but legal concerns of when the change would be in effect as well as if it was appropriately advertised for that February meeting caused the matter to be revisited last night.

Although there was still opposition, there were no legal qualms raised at the meeting and all five members and the district’s longtime lawyer were present. The option was removed in a 3 to 2 vote.

Members Steve Santos and Anthony Carcieri sided with Robert Faria, who requested the change; committee chairwoman Mildred Morris and Stephen DeCastro — who receive the benefits, but each pay a 10 percent copay — voted against it.

“I think I can support the committee paying 20 percent because that’s what we want the unions to do,” DeCastro said. He also said he chose to take the health-care benefits when the committee changed most of the school staff’s health care in an effort to say he “lives with the same plan that they have.”

An audience member said audibly, “Yeah, right.”

Faria contends the health-care option is a “luxury,” and has said the committee should willingly give it up to show others it is doing its share in tight financial times.

He was unsuccessful in his first and second attempts, shortly after joining, and in April 2006. And last year, the beginning of his second and current term, Faria opted to take dental benefits from the city. Yet he said he did not submit any claims.

He revisited the subject three months ago and said it was even more important given the city is facing a more than $3-million deficit.

“We should make a sacrifice of our own,” Faria said. “… We’re in a situation where we have to be fiscally prudent to every dollar we have. It’s important to set the right example to the community that we are doing our part, too.”

During that meeting, DeCastro was absent and not one committee member present knew he took benefits from the city. Faria’s recommendation also immediately removed the benefits, which would have affected DeCastro and Morris.

The school lawyer told Morris she needed to recuse herself and the vote to get rid of School Committee benefits passed 2 to 1. Santos and Faria voted for it, Morris followed the lawyer’s recommendation and recused herself and former member Eileen Lovett voted against it. Carcieri was not on the board at that time.

When Faria discovered afterward that some didn’t think the change was legal, he asked for an opinion from the state Ethics Commission.

“The Ethics Commission said any change with benefits and salaries must go in effect for the next term, so that is my motion,” Faria said. He also said the commission representative he talked to said Morris and DeCastro could vote because they are not elected for the next term yet. “The only thing the School Committee will get [now] is the stipend.”

When DeCastro said why not take away the stipend too, Faria said, “Why not?”

Faria previously said he gives most of his stipend back to the schools anyway.

apina@projo.com