PERU — The division among members of the Board of Selectmen continued Monday night over a lawsuit to oust Kathy Hussey from her board seat.
Despite an attorney’s warning that the town is obligated to defend Hussey, both as a selectman and secretary to the board, a motion to do so failed in a 2-2 vote.
The board was given a letter Monday night from Tara Bates, an attorney at Laskoff & Associates in Lewiston, saying she would serve a cross-claim on the town seeking a declaration of its duty to defend, hold harmless, and indemnify Hussey if the town did not acknowledge that claim by 10 a.m. Tuesday, Dec. 18.
“There is little doubt among reasonable people that the town is under a duty to defend and indemnify Mrs. Hussey, both in her capacity as a Selectman and the Secretary to the Board of Selectmen,” she wrote.
In the face of the fact that Bates would file to force the town to meet its obligation to defend Hussey, Selectmen Ed Ferland and Richard “Dickie” Powell voted against a motion to have town attorney Patrick Scully defend Hussey as well as the town. Chairman Tim Holland and Laurieann Milligan voted for the motion, bringing another tie vote, which means it was defeated.
Residents Martha Witherell and Dawna Kazregis filed a suit in Oxford County Superior Court on Nov. 1 to have Hussey removed from the board because a town ordinance prohibits town employees from serving as selectmen. The Maine Municipal Association has advised the town that the ordinance will not apply to Hussey until the end of her term as selectman in 2014.
Initially, Ferland and Powell opposed a motion to respond to the suit, which meant it was defeated because the vote was a tie. Holland and Milligan favored it. And Hussey could not vote on the motion about herself.
At a board meeting Nov. 30, where it was explained that failure to respond immediately would cause the town to lose by default and would expose the town to having to pay court cost and attorney fees for the plaintiffs, they agreed to have Scully, of Bernstein, Shur, Sawyer and Nelson, file a response on condition that he did not represent Hussey.
In another matter Monday, a letter from Hussey to the board asked that she receive the same 2 percent increase that other town employees did earlier this year.
Holland and Milligan favored a motion to do so, Ferland and Powell voted against it, which defeated it.
Town Clerk Vera Parent again Monday expressed concern that some people coming to the town office on business might be recording confidential conversations in which they were not involved. While no one questions a person’s right to record a conversation in which they are involved, some of the information discussed in conducting business with the town is confidential and should not be recorded by other people, she said.
Holland, Milligan and Hussey approved a sign for the office saying, “Notice: As a courtesy, please inform all others present if you are recording your visit. Thank You.”
Ferland and Powell voted against it.
Holland said some residents have been bringing selectmen’s business to Hussey in the office when she was serving as secretary.
Hussey pointed out that board business should be brought to the board only at a formal meeting.
Holland, Milligan and Hussey supported placing a sign in Hussey’s office reminding people of her duties.
Powell voted against it; Ferland abstained.
The board unanimously approved a motion to thank the Peru Historical Society for its efforts to preserve the town’s historical artifacts, and to refuse to accept the society’s donation offered to offset the use of the old town office building.
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