The Lyman Board of Selectmen is in a difficult position that is likely to get much more complicated.
In June, Steven Marble was elected to the board by a narrow margin, despite his position as a town employee working at the transfer station.
Selectmen Leo Ruel and Norman Hutchins have said Marble’s job and his position as a selectman presents a conflict of interest and announced recently that they plan to file a lawsuit on behalf of the town against Marble. Ruel and Hutchins say his membership on the three-person board also raises concerns that the board could be deadlocked if Marble has to recuse himself for transfer station-related items and budget issues.
When Marble ran for office, he cited precedent of other municipalities where town employees serve on elected boards. He also noted that the legislature’s State and Local Government Committee rejected LD 1297, a bill that would have prohibited an elected town officer from also being a paid town employee. The Maine Municipal Association’s policy committee opposed the bill at the time, and it failed in committee.
However, Hutchins and Ruel said the MMA manual does not address the issue of a town’s departmental managers serving on an elected board, as managers create department budgets and take part in planning for new facilities and operations, unlike other town employees. Marble has disputed that he is, in fact, manager of the transfer station, but it’s clear that it is his position even if he does not have the official title, since he creates the budget there.
We see a conflict of interest here, since Marble’s seat on the board effectively makes him his own boss in a town without a town manager in place. However, it’s not against the law or any town policy, so it will be difficult for the town to find success with their legal effort. It seems unlikely a judge would decide in the town’s favor, since the law was recently shot down that would have prohibited the current situation and because MMA does not support such a position.
A lengthy and expensive legal battle probably won’t be the fix Hutchins and Ruel are seeking, and will only create bad blood in town. If Marble decides to resign due to concerns over legal fees to defend himself, many residents of the town will no doubt hold it against Ruel and Hutchins ”“ and depending on Marble’s level of support, may even seek a recall.
In the interest of taking care of town business, the town would be better served to come up with a policy for tie-breaking when the board is split and Marble is unable to vote.
Also at issue is whether the board followed procedure in pursuing a lawsuit, because the Journal Tribune has not been able to find record of a vote to proceed with a lawsuit. Despite Hutchins and Ruel stating publicly that a lawsuit would be pursued, they did not take a formal vote at the time and only discussed the issue in executive session. In fact, it seems no one in town would even know that the town is considering legal action if it were not for Marble speaking publicly about it.
If Hutchins and Ruel do plan to pursue a lawsuit, it would be advisable for the board to hold a public hearing and take an official vote before moving forward to find out if there is support for the issue ”“ and if residents would like to expend funds from the town’s legal budget in fighting this issue.
When he ran for the selectman’s seat, it was no secret that Marble works at the transfer station, and he won the voters’ approval anyway. It seems a majority of the townspeople, at least those who voted, do not feel that his work combined with his seat on the board presents a conflict of interest. With this in mind, the other two selectmen should be cautious in proceeding with an expensive legal battle using taxpayer money if those taxpayers do not approve.
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Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via e-mail at kristenm@journaltribune.com.
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