Four people have filed to be on the March 3 ballot for one seat on the Town Council. Paul Smith, Rick Davis, Tyler Gowen and Shonn Moulton are seeking the seat that Janet Kuech won in November. After the Council voted not to seat her, Kuech filed a lawsuit that challenges that decision and has declined to run again for the seat she believes is already hers.
On December 17, attorneys for Kuech and the Maine Education Association filed a temporary restraining order and an injunction to “prohibit a new election for the seat that has been unlawfully denied Kuech.”
Previously, on December 12, Jon Goodman, Kuech’s lawyer, had filed a lawsuit against the Town of Gorham for Kuech and Meadow Welch. He argued that Kuech is being denied her Constitutional rights “under the First Amendment,” and Welch, who had voted for Kuech, is being denied her right to have “her lawful vote given its due weight.”
The court filings were in response to the December 3 Town Council (TC) meeting, where councilors unanimously voted not to reconsider their earlier vote that denied Kuech a seat on the grounds that she is an employee of the Gorham School Department. Citing the provision in the Town Charter that they interpret to mean that no town employee should be permitted to serve on the Town Council, they held it would be an inherent conflict of interest. They also felt that seating Kuech opened up the possibility that the TC could eventually have all town employees.
Town Attorney Mark Bower, however, gave a legal opinion to
the Council that he believed, as an educational technician (ed tech), Kuech would not be subject to the charter prohibition that a councilor “shall hold no office of emolument or profit under the Town Charter or Ordinances.”
Although the TC votes to approve the annual budget submitted by the School Committee and has the right to increase or reduce the funding request before sending the budget for a referendum by the voters, the Council may not make specific item cuts or increases.
With the exception of Shonn Moulton, who is a former town councilor, all those seeking election for the contested Town Council seat ran for the position in November. Paul Smith was an incumbent.
Councilor Ben Hartwell has said he would sponsor an agenda item for the January meeting to have Smith fill the vacancy until the situation is resolved, either in the courts or by the voters in March. Chairperson Suzanne Phillips overruled Hartwell’s attempt to re-seat Smith at the December TC meeting.
As of January 1, 2020, no date had been set for the hearing to rule on whether or not the election would be stopped. Nor is there a court date for the lawsuit. Town Manager Ephrem Paraschak said he “did not have an estimate for any costs that the Town may incur” during this process.
When asked to comment on questions related to the lawsuit and injunction, Phillips replied, “Unfortunately I have been advised that comments need to be limited since we are engaged in litigation.” She said that they would meet in executive session with their attorney before the regular Town Council meeting on January 7.
The Town of Gorham is being represented by Durwood Parkinson in this matter.