Despite it not being a binding referendum on Nov. 5, Lyman voters have the opportunity to send a clear message to selectmen: The town needs a manager.
Voters will have two non-binding questions before them, to give town leaders an idea of voter sentiment on the issues. Question 1 will ask voters if they would like to have a town manager form of government, while Question 2 asks if they would like to consider changing the date of the annual Town Meeting to the second Saturday in March. It is currently held on the first Saturday in June.
If voters are in favor of having a town manager, a charter commission must be formed. Members would then be elected to the commission to craft the language.
The town’s first charter was approved in November 2012 and took effect July 1. It was a good start, but it’s clear Lyman needs someone in charge of the everyday municipal business.
Just last week, the Journal Tribune learned that Lyman’s part-time Parks and Recreation Director Lee Schatz has filed a Maine Human Rights Commission complaint against the board of selectmen, citing discrimination based on the Whistleblower’s Protection Act.
While there obviously is no decision yet on the complaint, according to the information provided to the newspaper, it appears the selectmen don’t have very solid ground to stand on in their own complaints with Schatz’s alleged behavior.
Schatz was given a written warning from selectmen, dated Oct. 1, that said he would be cited for insubordination due to failure to follow the board’s directions. The letter, signed by Selectmen Chairman Steven Marble, said that Schatz failed to obtain quotes for fall fertilization work; made significant purchases without selectmen’s approval; and did not allow the board to be the first to open bids that were received.
While Schatz has admitted opening the bids, two major problems arise with the other charges: Firstly, there is no record of the board’s specific request for Schatz to get fertilization quotes, so the public cannot decide whether he refused to follow their directions or if it was a miscommunication. The request was made during a selectmen’s workshop, which was not recorded. Secondly, Marble’s contention that Schatz should have submitted purchase orders was based on what he called the board’s “unspoken policy,” which is not legitimately enforceable.
Schatz said he believes the letter and threatened citation are actually due to his decision to publicly question the process used to award the town mowing contract in February 2012. The multi-year contract was renewed without a public vote. The board later voted in public session to extend the contract, then reduced it to one year to avoid the need for a Town Meeting vote.
The board has legitimate concerns with the bid process, since it did not get what it claimed to have asked for, but it seems to be more of a miscommunication that should not have risen to such as contentious level.
Schatz, who has been in his position for 10 years, said the town report was dedicated to him in 2011, “because I did such a good job.” He said he believes the mistreatment is due to his questioning of the board.
Now, a Maine Human Rights Commission investigation will commence, and even after the situation is resolved, it’s likely that there will be some ill feelings that remain.
If a town manager were leading the town, these types of issues would be far less likely to arise, as the manager is the one who oversees bid requests, purchase orders and other town business on a day-to-day basis. Clarifying the way in which department heads make future purchases in a written policy would also be a good next step and has, in fact, already been recommended by the town’s auditing firm.
The town has made progress by establishing a charter and expanding its board of selectmen, but a town manager ”“ or administrator ”“ is a necessity to ensure the town’s business runs smoothly and to maintain a higher level of professionalism.
We hope voters see the need for a town manager and express that need to selectmen. Then it will be up to the board to follow through on what voters want.
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Today’s editorial was written by City Editor Robyn Burnham Rousseau on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, ext. 322, or via email at kristenm@journaltribune.com.
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