Wednesday, July 14, 2010

Conduct unbecoming

A final point worth noting, almost at the end of this endless meeting:

Printed in part of the 7-12-10 Sun Journal "Our View," titled "Do not conduct business in secret" is a commentary that is a reference to the state's Freedom of Access Law. The commentary spoke directly to Selectman Kurtz requesting that the board elect its chairman by ballot, arguing the law required it. The Journal's editorial writer took issue with his argument, saying that the secret ballot was not correct because it did not allow the public to see how each member voted.

Selectperson Smart, looking to be certain the public is not lead to believe the town is operating in any way other than openly and honestly, acting with Town manager Tarr, called Maine Municipal Association for an opinion on that voting process. The MMA attorney who responded - verbally, and in an email - said, that, in accordance with the 1975 Freedom of Access Law, written after the statute Kurtz quoted to argue for the written ballot, it would not be correct to vote by written ballot in this case.

Selectman Kurtz was outraged, and wasted no time saying so, right down to his bald statement that the MMA lawyer was wrong. And that is his right as a citizen, even as a selectman. What he cannot do is hold himself out as some sort of infallible lawyer for the town of Paris.

There was a good deal of smirking; but Smart stood her ground, and urged a second vote to ratify the first. There was outright giggling and not a little mocking from the chair and vice chair. Selectman Herrick, who had seconded Smart's motion for purposes of discussion, provided a voice for the need for openness, and the vote was taken openly by a show of hands.

Opinions vary, lawyers vary, statutes can be interpreted various ways. Select board members can have different approaches; they can even openly disagree. But giggles? Shame.