On the afternoon of Thursday, 7-30-09, the Process Server made a special trip to the Paris Town Office, in search of the Interim Town Manager, only to find that ITM Michael Thorne works part time, and wouldn't be in until Monday.
No matter. The Process Server accomplished his mission: the Town of Paris was served with notice and a copy of the Complaint filed in Oxford County Superior Court on 7-22-09 by former Town Manager Sharon Jackson. The Complaint was accepted by the Town Assessor John Brushwein. Being a full time employee, Mr. Brushwein was at work that day.
Regardless of the recipient of these papers, the clock started ticking at that moment, and the selectmen have 20 days to make their response.
Chairman Ivey will need to get his board to fish or cut bait by August 19: to revote, and thereby admit to the truth of Count 1 of Jackson's Complaint, i.e., having had invalid votes cast; or not revote, and prepare to face all 5 counts in the Complaint for Review of Governmental Action under ME Rule of Civil Procedure 80B.
This particular business of the town, like all business of the town, must be settled (voted on) in public, even if a discussion of such a decision takes place at an executive session. The only regularly scheduled selectmen's meeting before August 19 will be August 10. Will even the fire station meeting room be big enough to hold all the interested bystanders?
What if Ivey schedules an emergency meeting? It has to be held in public, and notice must be given. If history repeats itself and Ivey continues to try to limit citizen participation, a whole lot of us will have to line up at windows. How the board handles this will be something to see.
Overheard...
From a citizen, who had the floor and was in their faces: "Any reasonable person that is in this building, no matter what side of the fence they fall on, has to...would make the determination that there's collusion and exclusion going on within this board. Now, you guys cannot possibly represent the public by doing so; because you're all here, no matter what view you have and no matter who voted for you, each one of you people are here to represent the public. Okay?"
Thursday, July 30, 2009
Monday, July 27, 2009
And last night...
Paris Town Office, 7-27-09
75 or so people tried to attend a 7 PM selectmen's meeting at the Paris town office last night, to hear the business of the town. In a meeting room that only accommodates 50 people, however, about 25 were left outside in the parking lot at the start of the meeting.
Angry citizens, including selectmen Glover and Herrick, noted folks outside, some standing on tip toes, peeking in the open windows, and tried in vain to convince Chairman Ivey to move the meeting to a larger space. What was in it for Ivey or the others to keep people out? To limit an audience? Why didn't they anticipate the larger crowds - like those of the last 2 meetings - and pick a larger room?
What about inferences toward Fire Chief Brad Frost? A citizen in the audience zinged, "[Brad] needs to be convinced" that it is necessary to have the meeting in a bigger area; he should offer the fire station. No one mentioned that Chief Frost, already recognizing the need, had already offered the fire station, more than once.
When asked directly by Bob Jewell if he talked with Chief Frost on Friday, Interim Town Manager Thorne admitted, "Yes, I did speak to Brad Frost about using the fire station."
Jewell - "And did you speak to a member of this [select] board about that?"
Thorne - "Yes."
Jewell -"Can you say which person?"
Thorne - "No."
Jewell - "You don't remember who you spoke with?...which of these 5 people you spoke with?"
Thorne - "No."
Chief Frost, himself unable to find a place to sit in the meeting room, was in the parking lot, among folks looking on and listening at the open windows, at one point waving his hand in vain to be recognized to speak. Ivey's response - "I'm not listening to anyone else."
The evening produced more questions than answers. The audience was, for the most part, raucous and outraged.
Ivey took great pains to try to look calm and controlled - though he did have to call for the police chief to quell an insistent questioner with the threat of removal if she insisted once more in getting a straight answer. Ivey reveled in, and used liberally, his now commonplace, "You're done." Certain topics were forbidden: "We will not have topics about Sharon Jackson," Ivey announced.
A great part of the meeting was taken up with discussion about the recall ordinance drafted by Town of Paris Policy and Procedures Committee; a recall ordinance is the only tool available for voters to "un-elect" an elected official (See below, at 7-19,"Guess Who Has the Power?"). The draft ordinance was presented to the selectmen on 7-13, but was promptly tabled.
In response to the tabling, 354 Paris voters signed a citizens' petition, demanding selectmen place the Policy and Procedure Committee's draft on the next ballot written.
A public hearing on the ordinance will be held on 8-24.
75 or so people tried to attend a 7 PM selectmen's meeting at the Paris town office last night, to hear the business of the town. In a meeting room that only accommodates 50 people, however, about 25 were left outside in the parking lot at the start of the meeting.
Angry citizens, including selectmen Glover and Herrick, noted folks outside, some standing on tip toes, peeking in the open windows, and tried in vain to convince Chairman Ivey to move the meeting to a larger space. What was in it for Ivey or the others to keep people out? To limit an audience? Why didn't they anticipate the larger crowds - like those of the last 2 meetings - and pick a larger room?
What about inferences toward Fire Chief Brad Frost? A citizen in the audience zinged, "[Brad] needs to be convinced" that it is necessary to have the meeting in a bigger area; he should offer the fire station. No one mentioned that Chief Frost, already recognizing the need, had already offered the fire station, more than once.
When asked directly by Bob Jewell if he talked with Chief Frost on Friday, Interim Town Manager Thorne admitted, "Yes, I did speak to Brad Frost about using the fire station."
Jewell - "And did you speak to a member of this [select] board about that?"
Thorne - "Yes."
Jewell -"Can you say which person?"
Thorne - "No."
Jewell - "You don't remember who you spoke with?...which of these 5 people you spoke with?"
Thorne - "No."
Chief Frost, himself unable to find a place to sit in the meeting room, was in the parking lot, among folks looking on and listening at the open windows, at one point waving his hand in vain to be recognized to speak. Ivey's response - "I'm not listening to anyone else."
The evening produced more questions than answers. The audience was, for the most part, raucous and outraged.
Ivey took great pains to try to look calm and controlled - though he did have to call for the police chief to quell an insistent questioner with the threat of removal if she insisted once more in getting a straight answer. Ivey reveled in, and used liberally, his now commonplace, "You're done." Certain topics were forbidden: "We will not have topics about Sharon Jackson," Ivey announced.
A great part of the meeting was taken up with discussion about the recall ordinance drafted by Town of Paris Policy and Procedures Committee; a recall ordinance is the only tool available for voters to "un-elect" an elected official (See below, at 7-19,"Guess Who Has the Power?"). The draft ordinance was presented to the selectmen on 7-13, but was promptly tabled.
In response to the tabling, 354 Paris voters signed a citizens' petition, demanding selectmen place the Policy and Procedure Committee's draft on the next ballot written.
A public hearing on the ordinance will be held on 8-24.
Friday, July 24, 2009
The Issues Keep Piling Up
In this posting:
*S. Jackson's Rule 80B Complaint filed in Superior Court 7-22-09 (Note: viewing this and some other ".pdf" documents linked to this blog requires signing in with Google.)
*Town of Paris budget allowance for legal fees FY 2009-10
*Two letters re: the 1999 Paris Town Meeting Warrant article 7
*Were you able to get a seat?
.................................................................................................
While the firing of Sharon Jackson 6-22-09 is the immediate focus of public interest in town, Paris voters need to take a very careful look at the bigger picture.
Consider the legal and ethical implications of the decisions continuing to be made by the current board of selectmen's 3-2 voting majority on financial and personnel issues, as well as, the off-the-cuff pronouncements by newly elected Chairman Ivey.
When asked to state his case for justifying the firing of Jackson, Selectman Young said, "I think she's done a good job. I just... I've been here for 2 years and I think we gotta go in a different direction....than the way we've been going."
Newly elected Selectman Ripley's response to a question posed by Jackson on 6-22-09 included, "I have my own gut feeling about what I think would be in the best interests of the taxpayers in the town of South Paris, and I'm going to make my vote based on that."
The selectboard is the governing body of this town. Look through the information available in this posting, and note the "different direction" in which our town is being taken. Where would you say all this is leading?
And Paris has how much money to pay lawyers?
The budgeted amount for Paris' FY 2009-10 legal expenses is $8000. This amount is for all expenses - for the entire year - not just one little fiasco. The town's attorney attended the 7-13-09 selectmen meeting, at an hourly rate of $250.00. Figure 2.5 hours travel, 1 hour meeting - conservatively, $875.00. Was this expenditure made for a cause that was in the best interests of the entire Town of Paris? And what about the bills that are coming?
Was the vote to fire Jackson valid?
The laws of the State of Maine are very clear: if a town does not specify the number of selectmen and their term in office, the state will. If a town's voters do so, then their decision stands until the voters change it. By approving Article 7 of the 1999 Town Meeting Warrant, Paris voters established the term of office for selectmen. Look at a 6-05 letter from former Selectman Bruce Hanson, and the 6-05 letter from Attorney Alan J. Perry. See 30-A M.R.S.A. Sec 2526 the Maine statute that governs this issue. Compare Atty. Perry's conclusion (paragraph 3, last sentence) with the statute's subsections (4)(A), "A town may determine...," and (4)(A)(1): what's your conclusion? Read further in the statute (Perry refers to "9.C"): isn't there a difference between taking the oath of office and beginning a term of office?
Were you able to get a seat?
Interim Town Manager Thorne has been asked and Chairman Ivey has been asked where the voters can expect to find the 7-27-09 selectboard meeting; both have answered that it would be at the Town Office. This next meeting is very likely to have more people who want to get in, plus some media from out of town. So, what part of Maine's Freedom of Access Act do they not get? Section 401? Section 403?
*S. Jackson's Rule 80B Complaint filed in Superior Court 7-22-09 (Note: viewing this and some other ".pdf" documents linked to this blog requires signing in with Google.)
*Town of Paris budget allowance for legal fees FY 2009-10
*Two letters re: the 1999 Paris Town Meeting Warrant article 7
*Were you able to get a seat?
.................................................................................................
While the firing of Sharon Jackson 6-22-09 is the immediate focus of public interest in town, Paris voters need to take a very careful look at the bigger picture.
Consider the legal and ethical implications of the decisions continuing to be made by the current board of selectmen's 3-2 voting majority on financial and personnel issues, as well as, the off-the-cuff pronouncements by newly elected Chairman Ivey.
When asked to state his case for justifying the firing of Jackson, Selectman Young said, "I think she's done a good job. I just... I've been here for 2 years and I think we gotta go in a different direction....than the way we've been going."
Newly elected Selectman Ripley's response to a question posed by Jackson on 6-22-09 included, "I have my own gut feeling about what I think would be in the best interests of the taxpayers in the town of South Paris, and I'm going to make my vote based on that."
The selectboard is the governing body of this town. Look through the information available in this posting, and note the "different direction" in which our town is being taken. Where would you say all this is leading?
And Paris has how much money to pay lawyers?
The budgeted amount for Paris' FY 2009-10 legal expenses is $8000. This amount is for all expenses - for the entire year - not just one little fiasco. The town's attorney attended the 7-13-09 selectmen meeting, at an hourly rate of $250.00. Figure 2.5 hours travel, 1 hour meeting - conservatively, $875.00. Was this expenditure made for a cause that was in the best interests of the entire Town of Paris? And what about the bills that are coming?
Was the vote to fire Jackson valid?
The laws of the State of Maine are very clear: if a town does not specify the number of selectmen and their term in office, the state will. If a town's voters do so, then their decision stands until the voters change it. By approving Article 7 of the 1999 Town Meeting Warrant, Paris voters established the term of office for selectmen. Look at a 6-05 letter from former Selectman Bruce Hanson, and the 6-05 letter from Attorney Alan J. Perry. See 30-A M.R.S.A. Sec 2526 the Maine statute that governs this issue. Compare Atty. Perry's conclusion (paragraph 3, last sentence) with the statute's subsections (4)(A), "A town may determine...," and (4)(A)(1): what's your conclusion? Read further in the statute (Perry refers to "9.C"): isn't there a difference between taking the oath of office and beginning a term of office?
Were you able to get a seat?
Interim Town Manager Thorne has been asked and Chairman Ivey has been asked where the voters can expect to find the 7-27-09 selectboard meeting; both have answered that it would be at the Town Office. This next meeting is very likely to have more people who want to get in, plus some media from out of town. So, what part of Maine's Freedom of Access Act do they not get? Section 401? Section 403?
Sunday, July 19, 2009
Guess Who Has the Power?
Laws and rules maintain our society's structure. As voters, we have the final say at the polls about the laws and rules that govern us. We expect the officials we elect to carry out what we approve.
We do not expect them to act contrary to the best interests of the town as a whole. If we find that an elected official has altered or not honored what we have approved, or acts in a way that is not in the best interest of the town, then we can choose to "un-elect" that official before his or her term is over.
This procedure is called "recall."
(As found in Maine Municipal Association Officer's Manual) "According to 30-A M.R.S.A. §2602(6), the municipality may establish a recall procedure by charter or ordinance which will control municipal offices....Without a locally established recall procedure, there is no way to fire a municipal officer before the natural expiration of his or her term of office."
The Town of Paris does not have a charter; it must be guided by individual ordinances designed for and ratified by voters.
If Paris voters elect an official, but "lose faith" in that elected official's ability to lead the town, and feel strongly enough about it, the question could become one of reversing the decision they originally made at the polls. As opposed to legal recourse (e.g., a criminal prosecution or a civil suit), political recourse is the will of the voters expressed at the polls.
As many towns in Maine have already done, the Town of Paris needs to have a recall ordinance put in place. It is the tool that establishes the procedure for a recall election, and allows for the removal of an elected municipal officer.
We do not expect them to act contrary to the best interests of the town as a whole. If we find that an elected official has altered or not honored what we have approved, or acts in a way that is not in the best interest of the town, then we can choose to "un-elect" that official before his or her term is over.
This procedure is called "recall."
(As found in Maine Municipal Association Officer's Manual) "According to 30-A M.R.S.A. §2602(6), the municipality may establish a recall procedure by charter or ordinance which will control municipal offices....Without a locally established recall procedure, there is no way to fire a municipal officer before the natural expiration of his or her term of office."
The Town of Paris does not have a charter; it must be guided by individual ordinances designed for and ratified by voters.
If Paris voters elect an official, but "lose faith" in that elected official's ability to lead the town, and feel strongly enough about it, the question could become one of reversing the decision they originally made at the polls. As opposed to legal recourse (e.g., a criminal prosecution or a civil suit), political recourse is the will of the voters expressed at the polls.
As many towns in Maine have already done, the Town of Paris needs to have a recall ordinance put in place. It is the tool that establishes the procedure for a recall election, and allows for the removal of an elected municipal officer.
Friday, July 17, 2009
...and that would be because....?
During the 7-13 Selectmen's meeting. Chairman Ivey was asked by Budget Committee chair Forrie Everett where in the budget the money would come from to pay an interim town manager; Ivey responded that it had not been discussed.
Consider: pay for an interim at $600 for a 25 hour work week, averaging a 4.5 week month, comes to around $2,700 a month, in addition to severance pay for the fired manager. There really was no planning? Or discussion? Or figuring? Or even thinking out loud?
...and that would be because......?
The original thinking on Jackson's severance pay was on the basis of her being fired on the pay scale in her contract on 6-22. The 1999 warrant information (see "So, Now What?" posted on this site for 7-9) raises the question of a possible re-firing (if that's their decision), with severance pay at a higher pay scale rate.
But, wait... What about the non-interest in seeking legal advice from the Town's Attorney?
A citizen asked at the meeting, "How did the Town's Attorney advise you to respond to that newly come to light information in the 1999 warrant? I would like to see the response in writing." No response.... "Did you speak with the Town's Attorney?" Mr. Ivey responded that this was the "first he had heard of it."
Citizen continues "I take it you did not talk with the Town's Attorney about this? He is sitting right here at your table." No response. "Did you talk with him about this? Yes or No?" Response - "No."
...and that would be because.....?
Consider: pay for an interim at $600 for a 25 hour work week, averaging a 4.5 week month, comes to around $2,700 a month, in addition to severance pay for the fired manager. There really was no planning? Or discussion? Or figuring? Or even thinking out loud?
...and that would be because......?
The original thinking on Jackson's severance pay was on the basis of her being fired on the pay scale in her contract on 6-22. The 1999 warrant information (see "So, Now What?" posted on this site for 7-9) raises the question of a possible re-firing (if that's their decision), with severance pay at a higher pay scale rate.
But, wait... What about the non-interest in seeking legal advice from the Town's Attorney?
A citizen asked at the meeting, "How did the Town's Attorney advise you to respond to that newly come to light information in the 1999 warrant? I would like to see the response in writing." No response.... "Did you speak with the Town's Attorney?" Mr. Ivey responded that this was the "first he had heard of it."
Citizen continues "I take it you did not talk with the Town's Attorney about this? He is sitting right here at your table." No response. "Did you talk with him about this? Yes or No?" Response - "No."
...and that would be because.....?
Wednesday, July 15, 2009
Does "The Public" Matter?
On Monday 7-13 before the regularly scheduled selectmen's meeting, there was a public hearing to renew the license of a local establishment. Less than 40 citizens were allowed in; another 25 were left out in the parking lot.
By choosing to hold the hearing and then the meeting in such a small space (for reasons not given, no matter who asked the question), did certain selectmen limit the public's constitutional right to assemble?
The public: Do we matter? Who should expect to be served here? How are certain selectmen justified in making decisions outside of public view? Is there any acceptable reason for cutting off citizens' comments with "Nope!" and "You're done!" and "Sit down!" and "I'll have you removed!"
By choosing to hold the hearing and then the meeting in such a small space (for reasons not given, no matter who asked the question), did certain selectmen limit the public's constitutional right to assemble?
The public: Do we matter? Who should expect to be served here? How are certain selectmen justified in making decisions outside of public view? Is there any acceptable reason for cutting off citizens' comments with "Nope!" and "You're done!" and "Sit down!" and "I'll have you removed!"
If You Missed the Action...
NPC-TV video tapes each selectmen's meeting, and broadcasts it on Time Warner Cable channel 11 weekly on Tuesdays at 4:00 p.m., and (for the foreseeable future) Sundays at 6:30 p.m. Call 743-7859 for more viewing information.
To view, on line, just the part of the meeting allowing Citizens' Comments, http://tinyurl.com/n5robf and http://tinyurl.com/mfk6ax (Thanks to Duke Harrington of the "Advertiser-Democrat.")
To view, on line, just the part of the meeting allowing Citizens' Comments, http://tinyurl.com/n5robf and http://tinyurl.com/mfk6ax (Thanks to Duke Harrington of the "Advertiser-Democrat.")
An Issue of Validity
The voting majority of Paris selectmen have a non-response to the issue of an item voted into law by the citizens of Paris in 1999. Note the following (You can check this at Maine.gov):
Title 30-A M.R.S.A. §2525(4)(A) refers specifically to selectmen's terms of office; (1) states: Once the determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting.
(See actual warrant item and discussion on this site for Thursday July 9.)
If our newly elected selectman voted on any item at all before July 1, the actual date his term began, not only was his vote invalid, any action taken by the board of selectmen between June 13 and June 30 also was invalid.
The issues that face this town:
*Chairman Ivey stated at the selectmen's meeting that no one had contacted the town's attorney; so how do they know what to do in the best interest of the town?
* Is Sharon Jackson fired or not? If not, will she be fired again to make the vote valid this time?
*If litigation ensues, consider severance pay at $49,586 (See financial figures and discussion on this site for July 14.), plus damages for wrongful termination.
And who gets to pay?
(Reminder: selectmen's phone numbers are: Ray Glover, (207) 743-8120; Lloyd "Skip" Herrick, (207) 743-0609; Chairman David Ivey, (207) 890-1952; Troy Ripley, (207) 890-1956 or (207) 743-6445; Glen Young, (207) 400-7454 or (207) 743-9427.)
Title 30-A M.R.S.A. §2525(4)(A) refers specifically to selectmen's terms of office; (1) states: Once the determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting.
(See actual warrant item and discussion on this site for Thursday July 9.)
If our newly elected selectman voted on any item at all before July 1, the actual date his term began, not only was his vote invalid, any action taken by the board of selectmen between June 13 and June 30 also was invalid.
The issues that face this town:
*Chairman Ivey stated at the selectmen's meeting that no one had contacted the town's attorney; so how do they know what to do in the best interest of the town?
* Is Sharon Jackson fired or not? If not, will she be fired again to make the vote valid this time?
*If litigation ensues, consider severance pay at $49,586 (See financial figures and discussion on this site for July 14.), plus damages for wrongful termination.
And who gets to pay?
(Reminder: selectmen's phone numbers are: Ray Glover, (207) 743-8120; Lloyd "Skip" Herrick, (207) 743-0609; Chairman David Ivey, (207) 890-1952; Troy Ripley, (207) 890-1956 or (207) 743-6445; Glen Young, (207) 400-7454 or (207) 743-9427.)
Yet to Comply
Since voting to fire Town Manager Sharon Jackson, Paris selectmen have yet to comply with a very specific Maine statute that deals with public records and freedom of access to them.
Title 1 M.R.S.A. §407, Subsection 2, "Dismissal or refusal to renew contract," directs selectmen to
"…make a written record of every decision involving the dismissal…of any public official, employee or appointee…[and to]…set forth in the record the reason or reasons for [their] decision and make findings of fact, in writing, sufficient to appraise the individual concerned and any interested member of the public of the basis for [their] decision. A written record or a copy thereof shall be kept by the agency [i.e., the town] and made available for any interested member of the public who may wish to view it."
Noncompliance could cost individual selectmen.
Title 1 M.R.S.A. §410, "Violations," says,
"For every willful violation of this (statute), the state government agency or local government entity whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be adjudged."
Call the Town Office (743-2501) and ask to see the written record.
Title 1 M.R.S.A. §407, Subsection 2, "Dismissal or refusal to renew contract," directs selectmen to
"…make a written record of every decision involving the dismissal…of any public official, employee or appointee…[and to]…set forth in the record the reason or reasons for [their] decision and make findings of fact, in writing, sufficient to appraise the individual concerned and any interested member of the public of the basis for [their] decision. A written record or a copy thereof shall be kept by the agency [i.e., the town] and made available for any interested member of the public who may wish to view it."
Noncompliance could cost individual selectmen.
Title 1 M.R.S.A. §410, "Violations," says,
"For every willful violation of this (statute), the state government agency or local government entity whose officer or employee committed the violation shall be liable for a civil violation for which a forfeiture of not more than $500 may be adjudged."
Call the Town Office (743-2501) and ask to see the written record.
Tuesday, July 14, 2009
Boy! You Should Have Been There!
Paris Selectmen's regularly scheduled meeting Monday, 7-13-09
The scene was alive, wired, and reactionary. Ever been to a kids' basketball game? How about a Little League game? One focused audience, and a selectboard with mixed agendas.
……………………………………………………………………………………………………
(Review this site's posting Thursday 7-9-09, "So, Now What?")
Near the very beginning of the meeting…Selectman Herrick, "Mr. Chairman, have we reviewed any of the legalities of taking…of approving the minutes of June 22nd in view of what has been realized took place in '99? Have you checked any legality on this? On the things…on the actions in the minutes of June 22?"
Chairman Ivey, "Not at this time."
After Manager's Update in agenda…Ch. Ivey, "We'll enter into Citizens' Comments here. I just have a little…. On June 22nd, this board of selectmen voted to exercise the termination conditions and pay schedule for the previous town manager's contract and this is the official position of the board. So, I'll open the meeting up to allow for questions and comments."
Selectman Glover, [also a citizen of Paris] Mr. Chairman?
Ch. Ivey, "Nope. Only after Manager's Update [which this was]. I'm not going to allow circumvention of the rules here. This board's going to go by the policy and procedures that have been set up. So [addressing audience], anybody out here?"
Forrie Everett, [chair, Budget Committee] ". …Where's the money coming from, the extra money to pay the interim manager, to pay the office workers who are working 40 hours and should have been cut back to 36 as of July 1st? Right now we're 13 days in the hole. There should be an audit made on the tax money that's been collected since you three decided to do what you wanted to do. Where's the money coming from for that? The budget's been set, written in stone for this year; I don't know [turning to face audience] if they're going to...start robbing Peter to pay Paul - or [turning back to board] are you going to do what you're supposed to do and have a town meeting and approve the moneys that are being foolishly spent? Do you have an answer for that?" [Audience has become restless, is murmuring and exclaiming…]
Ch. Ivey, "Well, most of your questions are personnel matters that we can't discuss…"
F.E.,"What personnel questions?" [Audience is approaching unruly…]
Ch. Ivey, [Admonishing audience] "Uh-uh-uh-uh!"
F.E., "What personnel? What do you mean you can't discuss?
Ch. Ivey, "What we're going to pay an interim town manager and what we're going…"
F.E., "I didn't ask you what you were paying him; I asked you where the money was going to come from."
Ch. Ivey, "We haven't discussed that."
F.E., "You haven't given it a thought, have you? [Audience is about to become really unruly]
Ch. Ivey, "That wasn't my answer…."
[Audience has passed unruly and is clearly into loud and boisterous; the 2 speakers shouting at each other]
Ch. Ivey, "Forrie, I'll have you removed…" [Audience is just about on its feet with aggravation]
…………………………………………………………………………………………………
Editor's note: F.E. is right: Where IS the money going to come from?
Want To See the Bill for Voters?
More complete information would be on file in the town office; the public can ask to see it.
"Termination Conditions and Pay" in the contract of recently fired Town manager Sharon Jackson:
In the event the employee is terminated by the Board of Selectmen, without just cause, while she is still willing to perform the duties of Town Manager, The Town shall continue to pay the salary and benefits for a period equal to one month's salary and benefits for each consecutive year of service to the Town, capped at six month's salary and benefits, following the specified date of termination, subject to the following conditions. 4 and 1/2 yrs. of service to be paid for 19 weeks starting with payroll date 6/30/09.
Payments from Paris budget include benefits, FICA, retirement, accrued vacation and sick leave:
If the firing was done by a valid vote on June 22, 2009 (*see this site's posting 7-9-09, "So, Now What?"):
Total FY 09 Contract Severance and FY 10 Contract Severance $42,449
If firing is to be done a second time in order to make it a valid vote:
Total FY 09 Contract Severance and FY 10 Contract Severance $49,586
There have been no budgeted items for interim and new manager, even with what appears to be the prearranged plan of certain selectmen to have a part time town manager. There is no budget for legal fees or audit consultation, if needed.
(*On 7-13-09, there were no answers from Chairman Ivey, who claimed to have only just learned about the findings in the 1999 Town Report. He said the town's attorney had not been consulted.)
"Termination Conditions and Pay" in the contract of recently fired Town manager Sharon Jackson:
In the event the employee is terminated by the Board of Selectmen, without just cause, while she is still willing to perform the duties of Town Manager, The Town shall continue to pay the salary and benefits for a period equal to one month's salary and benefits for each consecutive year of service to the Town, capped at six month's salary and benefits, following the specified date of termination, subject to the following conditions. 4 and 1/2 yrs. of service to be paid for 19 weeks starting with payroll date 6/30/09.
Payments from Paris budget include benefits, FICA, retirement, accrued vacation and sick leave:
If the firing was done by a valid vote on June 22, 2009 (*see this site's posting 7-9-09, "So, Now What?"):
Total FY 09 Contract Severance and FY 10 Contract Severance $42,449
If firing is to be done a second time in order to make it a valid vote:
Total FY 09 Contract Severance and FY 10 Contract Severance $49,586
There have been no budgeted items for interim and new manager, even with what appears to be the prearranged plan of certain selectmen to have a part time town manager. There is no budget for legal fees or audit consultation, if needed.
(*On 7-13-09, there were no answers from Chairman Ivey, who claimed to have only just learned about the findings in the 1999 Town Report. He said the town's attorney had not been consulted.)
Whose Idea was This?
Selectman Herrick, "Mr. Chairman, I would like to know - and the public has a right to know, as far as I'm concerned - what mechanism was used to get to this point to go into executive session. In other words, at least I have not been made aware of what transformed…"
Selectman Glover, "Transpired…"
Sel. H., "…transpired. Who did this? Who searched this out? And what happened?"
Ch. Ivey, "We're going to talk about it in executive session."
Sel. H., "Okay, so we're going to talk about it in executive session - but, the people don't have any idea how this transpired. We didn't advertise this, did we?"
Citizen - "We've got a right to know…"
Sel. H., "Did we advertise?" [Audience restless and exclaiming…]
Selectman Ripley, "I guess you can say that somebody...approached the town..."
Citizens - "Let's make it up as we go along." Another -"What really happened?" Another -"What else…"
[Audience getting unruly again, shouting]
Ch. Ivey: "Hey! Hey! Hey! Ho! Ho! Ho! [singles out a specific citizen] Settle down!"
Audience - "Oooooooooooooooooo….."
Sel. H., "You mean, Mr. Chairman, somebody approached the town? 'Cause we didn't advertise…. So, it wasn't a case where any members of this board went out and solicited?"
Ch. Ivey: "No."
Citizen: "Did someone approach you, Skip?"
Sel. H., "I wasn't even told that we were looking…that we were doing it. So…"
Citizen: "But you're a member of the board…" [Some unruliness…]
Sel. H., "Well, it's quite evident we have a three-man-board operation here, so…"
Selectman Young: "Well, I wasn't told either, Skip." [unrest, rustling, and murmuring]
Citizen - "Wow!"
Ch. Ivey, "I'm going to call the vote. All in favor of going into executive session…"
Sunday, July 12, 2009
Citizen Alert!
Regularly scheduled meeting of Paris Selectmen
Monday, July 13, 7 pm, Paris Town Office.
Capacity of conference room = 50 people; 5 selectmen, 1 interim town mgr., 1 lawyer, 1 cameraman NPTV, leaves room for 42 citizens. Citizen comments will, most certainly, be kept to bare minimum, and be highly selective.
Items of note on agenda listed below. (D & A = Discussion and Action). Copies of actual agenda always available to the public ahead of time at town office.
AGENDA ITEMS...
7 PM - Public Hearing, renewal license Smilin' Moose Publyk House & Tavern. (Actual selectmen's meeting begins after this.)
6. Citizen's Comments.
7. D & A to enter Executive Session pursuant to 1 M.S.R.A.(405)(6)(E) to discuss a legal matter with town's attorney. [Law requires statement of precise nature of business.]
9. D & A to accept resignation of Town Clerk, Anne Pastore, as Interim Town Mgr.
10. D & A to go into Executive Session pursuant to 1 M.S.R.A. (405)(6) (A) to discuss the appointment of an Interim Town Manager.
11. D & A to sign the recommitment of taxes. [Has an audit been done?]
12. D & A on an "Ordinance for a Recall Election in the Town of Paris, Maine" as presented by the Policy and Procedure Committee.
13. D & A to review the appointment of Joe Bracy made to the NPSW Board at selectman's meeting 6-22-09.
14. D & A to sign the Applications for Board/Commission/Committee Membership for the committee members who were reappointed at selectmen's meeting 6-22-09.
Demand answers from the selectmen:
*What is the actual cost of severance pay for Sharon Jackson?
*How about the cost for an interim manager? For a new manager?
*Since FY 09 and FY 10 budgets have already been ratified, where are you finding money to pay for these costs without coming back to the voters?
*Given the 1999 Paris Town Warrant information, you have to choose again how to handle Sharon Jackson. If you choose to fire her a second time, her new contract, as well as a new, higher severance pay schedule kicked in as of July 1. This will be another several thousand dollars. Where is all that money coming from?
*What was your plan for the town when you did this firing?
*Why did you refuse to move tonight's meeting to a bigger place?
Monday, July 13, 7 pm, Paris Town Office.
Capacity of conference room = 50 people; 5 selectmen, 1 interim town mgr., 1 lawyer, 1 cameraman NPTV, leaves room for 42 citizens. Citizen comments will, most certainly, be kept to bare minimum, and be highly selective.
Items of note on agenda listed below. (D & A = Discussion and Action). Copies of actual agenda always available to the public ahead of time at town office.
AGENDA ITEMS...
7 PM - Public Hearing, renewal license Smilin' Moose Publyk House & Tavern. (Actual selectmen's meeting begins after this.)
6. Citizen's Comments.
7. D & A to enter Executive Session pursuant to 1 M.S.R.A.(405)(6)(E) to discuss a legal matter with town's attorney. [Law requires statement of precise nature of business.]
9. D & A to accept resignation of Town Clerk, Anne Pastore, as Interim Town Mgr.
10. D & A to go into Executive Session pursuant to 1 M.S.R.A. (405)(6) (A) to discuss the appointment of an Interim Town Manager.
11. D & A to sign the recommitment of taxes. [Has an audit been done?]
12. D & A on an "Ordinance for a Recall Election in the Town of Paris, Maine" as presented by the Policy and Procedure Committee.
13. D & A to review the appointment of Joe Bracy made to the NPSW Board at selectman's meeting 6-22-09.
14. D & A to sign the Applications for Board/Commission/Committee Membership for the committee members who were reappointed at selectmen's meeting 6-22-09.
Demand answers from the selectmen:
*What is the actual cost of severance pay for Sharon Jackson?
*How about the cost for an interim manager? For a new manager?
*Since FY 09 and FY 10 budgets have already been ratified, where are you finding money to pay for these costs without coming back to the voters?
*Given the 1999 Paris Town Warrant information, you have to choose again how to handle Sharon Jackson. If you choose to fire her a second time, her new contract, as well as a new, higher severance pay schedule kicked in as of July 1. This will be another several thousand dollars. Where is all that money coming from?
*What was your plan for the town when you did this firing?
*Why did you refuse to move tonight's meeting to a bigger place?
Thursday, July 9, 2009
So, Now What?
Look at this from town records:
(Our space is limited; only a few excerpts here, some retyped for clarity. A version with more excerpts was sent to both the "Lewiston Sun Journal" and the "Advertiser-Democrat." Ask to see the complete document, a public record, at the Paris Town Office.)
"Article 7. Shall the Municipal Officer's term be 3 years beginning on July 1 and ending on June 30 three years later."
"Article 7. Shall the Municipal Officer's term be 3 years beginning on July 1 and ending on June 30 three years later.
(Our space is limited; only a few excerpts here, some retyped for clarity. A version with more excerpts was sent to both the "Lewiston Sun Journal" and the "Advertiser-Democrat." Ask to see the complete document, a public record, at the Paris Town Office.)
"Article 7. Shall the Municipal Officer's term be 3 years beginning on July 1 and ending on June 30 three years later." 
"Article 7. Shall the Municipal Officer's term be 3 years beginning on July 1 and ending on June 30 three years later."IT WAS VOTED TO ACCEPT THIS ARTICLE."
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Our newest Paris selectman, elected June 9, 2009, was sworn in at Town meeting June 13, 2009. At the selectmen's meeting June 22, he voted. He voted in a 3-2 majority to fire Town Manager Sharon Jackson.
Consider the action of our newest selectman on 6-22-09 in light of the 1999 Town Meeting vote on article 7: if his term did not begin until July 1, should he have voted at all? And, if not, was the vote to dismiss Jackson, then, valid?
Wednesday, July 8, 2009
Citizen Alert!
*Who is running the Town of Paris?
*Paris Selectmen meet Monday, July 13, 7:00 p.m.
*Citizens' presence and voices crucial!
*Meeting at Paris Town Office; space limited, come early to get a seat.
*Call town office, 743-2501, Monday, to verify location.
*Paris Selectmen meet Monday, July 13, 7:00 p.m.
*Citizens' presence and voices crucial!
*Meeting at Paris Town Office; space limited, come early to get a seat.
*Call town office, 743-2501, Monday, to verify location.
Sunday, July 5, 2009
Articles & Features
Articles:
*Paris Town Manager fired without cause
*What is the firing of Sharon Jackson going to cost?
*Recourse for local voters, taxpayers and citizens
Features:
*Did You Know?
*Overheard....
*Paris Town Manager fired without cause
*What is the firing of Sharon Jackson going to cost?
*Recourse for local voters, taxpayers and citizens
Features:
*Did You Know?
*Overheard....
Paris Town Manager fired without cause
On 6/22/09, during their first scheduled meeting after local town elections, the newly seated board of selectmen of the Town of Paris, in a 3-2 vote and without cause, terminated the contract of Town Manager Sharon Jackson.
To view the section of the meeting pertaining specifically to the termination of her contract, go to YouTube.com ("The firing of Paris Town Manager Sharon Jackson"); or to view the entire meeting, contact NPC TV at 743-7859.
To view the section of the meeting pertaining specifically to the termination of her contract, go to YouTube.com ("The firing of Paris Town Manager Sharon Jackson"); or to view the entire meeting, contact NPC TV at 743-7859.
What is the firing of Sharon Jackson going to cost?
In firing Town Manager Sharon Jackson without cause, selectmen triggered the "termination conditions and pay" clause in Jackson's contracts, thereby obligating the Town of Paris to pay Jackson well over $40,000.00, some out of the FY 2009 budget (ratified 6/14/2008) and some from the FY 2010 budget (ratified 6/13/2009).
To verify that selectmen acted without cause, listen to or read their statements in the media:
*YouTube video, "The firing of Paris Town Manager Sharon Jackson"
*"Lewiston Sun Journal" 6/23/09;
*"Advertiser-Democrat" 6/25/09;
*NPCTV DVD, either as broadcast, or buy/borrow a copy.
By now, the Town will have calculated the exact cost of the buyout--go to the Town Office and ask to see their calculations and Jackson's contracts.
So, where is all that money to come from?
*Selectmen are authorized to spend only the amounts voters have approved in budgets.
*In Paris' FY2009 and FY2010 budgets, there are no personnel line-items for "Contract buyout," or "Replacement cost: Town Manager."
Contact selectmen for answers. Come to the next selectmen's meeting (7/13/2009 at the Fire Station [double check location], 7:00p.m.) and, during "Citizen Comments," ask them what the true cost of their action will be, where the money is coming from, and ultimately, who gets to pay.
To verify that selectmen acted without cause, listen to or read their statements in the media:
*YouTube video, "The firing of Paris Town Manager Sharon Jackson"
*"Lewiston Sun Journal" 6/23/09;
*"Advertiser-Democrat" 6/25/09;
*NPCTV DVD, either as broadcast, or buy/borrow a copy.
By now, the Town will have calculated the exact cost of the buyout--go to the Town Office and ask to see their calculations and Jackson's contracts.
So, where is all that money to come from?
*Selectmen are authorized to spend only the amounts voters have approved in budgets.
*In Paris' FY2009 and FY2010 budgets, there are no personnel line-items for "Contract buyout," or "Replacement cost: Town Manager."
Contact selectmen for answers. Come to the next selectmen's meeting (7/13/2009 at the Fire Station [double check location], 7:00p.m.) and, during "Citizen Comments," ask them what the true cost of their action will be, where the money is coming from, and ultimately, who gets to pay.
Recourse for local voters, taxpayers and citizens
Right to Free speech (Bill of Rights):
*Speak out, e.g., during citizen comments at Paris Selectmen's meetings, 2nd & 4th Mondays;
*Publish written comments in books, pamphlets, flyers; e.g., "Behind Closed Doors, Politics in a Small Town," written by Barbara N. Payne.
*Publish protests via public or private media; e.g., 44 Paris citizens gathered 611 signatures of voters, tax payers, and citizens for an open letter to Paris selectmen, expressing their outrage at the selectmen's action on June 22. Money was raised to place ads in the Advertiser Democrat (pub. 7-9-09) and Sun Journal (pub. 7-10-09).
Right to Protest (Bill of Rights):
* Post or carry signs
Right to Assembly (Bill of Rights):
* Participate in a rally or demonstration
Right of Grievance (Bill of Rights) :
* Sign, or sponsor a citizen petition to express a grievance or request , with or without legal counsel; (FYI - legal forms available at town office.)
Elected Officials:
*Contact Paris Selectmen:
Ray Glover, phone (207) 743-8120; Lloyd "Skip" Herrick, phone (207) 743-0609; Chairman David Ivey, phone (207) 890-1952; Troy Ripley, phone (207) 890-1956 or (207) 743-6445; Glen Young, phone (207) 400-7454 or (207) 743-9427.
VOTE EVERY SINGLE TIME
*Voter registration cards available, for free, at Town Office.
*Speak out, e.g., during citizen comments at Paris Selectmen's meetings, 2nd & 4th Mondays;
*Publish written comments in books, pamphlets, flyers; e.g., "Behind Closed Doors, Politics in a Small Town," written by Barbara N. Payne.
*Publish protests via public or private media; e.g., 44 Paris citizens gathered 611 signatures of voters, tax payers, and citizens for an open letter to Paris selectmen, expressing their outrage at the selectmen's action on June 22. Money was raised to place ads in the Advertiser Democrat (pub. 7-9-09) and Sun Journal (pub. 7-10-09).
Right to Protest (Bill of Rights):
* Post or carry signs
Right to Assembly (Bill of Rights):
* Participate in a rally or demonstration
Right of Grievance (Bill of Rights) :
* Sign, or sponsor a citizen petition to express a grievance or request , with or without legal counsel; (FYI - legal forms available at town office.)
Elected Officials:
*Contact Paris Selectmen:
Ray Glover, phone (207) 743-8120; Lloyd "Skip" Herrick, phone (207) 743-0609; Chairman David Ivey, phone (207) 890-1952; Troy Ripley, phone (207) 890-1956 or (207) 743-6445; Glen Young, phone (207) 400-7454 or (207) 743-9427.
VOTE EVERY SINGLE TIME
*Voter registration cards available, for free, at Town Office.
Did You Know?
Monday 7-13-09 Paris Selectmen will meet at the Fire Station (double check this). Listed on the agenda is the presentation of a proposed Recall Ordinance, prepared by the Paris Policy & Procedure Committee.
After being ratified by Paris voters, this local ordinance becomes the law allowing citizens to petition for the recall of any elected official. This ordinance would also provide the guidelines for that procedure.
After being ratified by Paris voters, this local ordinance becomes the law allowing citizens to petition for the recall of any elected official. This ordinance would also provide the guidelines for that procedure.
Overheard....
Heard from the front table : "...I'm not going to make my decision [on termination] based on performance, because that would be a with-cause.... I have my own gut feeling about what I think would be in the best interests of the taxpayers in the town of South Paris, and I'm going to make my vote based on that."
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