LYMAN — Residents told two selectmen Monday they don’t want the town to sue the third selectmen, calling the move a waste of taxpayer money.
More than 60 people attended the selectmen’s meeting in response to news that Selectman Norman Hutchins and Board Chairman Leo Ruel were going ahead with a lawsuit against the third selectman, Steve Marble, who was elected in June. Marble is a town employee, overseeing operations at the transfer station, and the other two say that his job and his role as selectman are incompatible offices.
Applause and cat calls erupted frequently during the sometimes raucous session.
“This is a red herring. You ought to drop it. You’re wasting our money,” said resident Matt Clarkson.
“Drop the darn lawsuit,” urged Rick Spaulding.
“People who voted for Steve were aware of the circumstances,” said Roger Roy.
“If I were in your position I would have said to the town attorney ”˜tell me how to make it work,’” with Marble as both a selectman and town employee, said resident Steve Jennings.
Victoria Gavel said Marble should have either quit his job or not run for office, but said she vehemently opposes spending money on a lawsuit.
“This should have been avoided from the start,” she said.
In Lyman, selectmen have hiring, firing and disciplinary authority over town employees. That, coupled with a possible deadlock on issues by the other two selectmen if Marble were to recuse himself on some issues, has been cited as reasons for the lawsuit.
Town attorney Bill Dale, following the meeting, explained that the offices of transfer station employee and selectmen are incompatible because, Marble cannot “in every instance” give loyalty to both his job and his office. Recusing himself from voting on some matters isn’t good enough, Dale said.
Recusing himself isn’t good enough, Dale said. He told residents that Marble loses employee protections under the Maine Tort Act and might lose worker’s comp protections.
Dale said the suit seeking an immediate transfer of the case ”“ without a trial ”“ to the Maine Supreme Judicial Court for an opinion. If that happens, the cost is estimated at $5,000 to $6,000 and a decision could come by Christmas, he said.
Joe Wagner, who lost the selectman’s race to Marble by a seven-vote margin, said there’s another way to resolve the issue.
“Steve won and he’s the selectman and the use of town resources to pursue a lawsuit is a misuse of our resources,” said Wagner, a former state legislator. He suggested selectmen ask the Office of the Maine Attorney General for an opinion before pursuing a lawsuit.
Wagner also pointed out that during the last session, a bill was presented by Rep. David Cotta that would have prevented town employees from serving as municipal officers. That bill failed to pass muster, but the fact it was presented indicates the practice is currently permissible, he said.
Selectmen skirted the issue of whether they’d ever cast a public vote on the issue, and Dale said they didn’t need to, but they cast one on Monday, with Hutchins and Ruel voting in favor. Marble said he voted against. The suit was filed Friday.
Dale said there was no state or town requirement that selectman hold a formal vote to defend or initiate a lawsuit. He told the audience he advised selectmen that they ought to take a vote “in front of the people.”
Resident Roland Nadeau asked selectmen to approve a referendum for the November ballot that would increase the selectmen’s board to five members, effective in 2012. He said he’s prepared to mount a petition drive to place the matter to referendum, but would rather see selectmen agree to place the issue on the ballot.
Ruel said the board members would consider the matter and answer Nadeau next week.
Nadeau later indicated there was another petition brewing as well, calling for the recall of Ruel and Hutchins.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.
Comments are not available on this story.
Send questions/comments to the editors.
