The lawsuit filed against the Town of Gorham by Janet Kuech’s attorney, Jon Goodman of Troubh Heisler, is now resolved.
The Town Council voted (6-0) in a special meeting on February 11 to enter into a consent judgement with Kuech. Approved by Maine Superior Court Judge Thomas Warren the following day, the judgement allows Kuech to be seated on the Town Council and she can vote on all issues before the Council with the following exceptions:
• She is presumed to be recused from any vote related to the Gorham education department unless remaining councilors allow her to vote on a particular school-related item. This conflict will be disclosed in accordance with the town council rules.
• Kuech agrees to resign from her position as part-time librarian for the town of Gorham before she is sworn in.
• The Town of Gorham will not hold its special election to fill a town council vacancy scheduled for March 3, 2020.
• Provisions of the judgment may be enforced by and through contempt procedures pursuant to the Maine Rules of Civil Procedure.
• This judgement is the final resolution covering all claims asserted or unasserted related to the November 5, 2019 election.
Kuech, an educational technician at Narragansett Elementary School and part-time librarian at Baxter Memorial Library, was elected in November but later disqualified based on language used in the Town Charter preventing a town employee from holding office. In December, Kuech and her attorney followed through with their promise to file suit.
Details of the agreement were ironed out during a mediation held February 7 and remain confidential, according to Durwood Parkinson, attorney for the Town of Gorham.
Despite the unanimous vote to seat Kuech, some councilors were not pleased.
“My biggest disappointment is that we are at this point, and we shouldn’t be,” said Town Councilor Virginia Cross. “I’m disappointed that Ms. Kuech decided to take it this far.”
“I want to reassure the public that although it may not seem like we’ve done our due diligence, we’ve looked at this, we’ve talked about it, we made a tough decision, and I hope if people have questions or concerns that they would ask us about it,” said Suzie Phillips, Town Council Chairperson. “People need to understand we were put in this difficult decision.”
As for the four candidates who filed paperwork to run in the special election – Paul Smith, Rick David, Tyler Gowen and Shonn Moulton – their bid to fill the seat has come to an end since the local ballot has been canceled.
“I can understand why the council decided to seat Janet. If the town had lost, it would have set additional court case precedent. With the additional precedence being set, it may have been harder to change the charter regarding school and town employees not being able to serve on the council,” said Moulton.
In an email to the Gorham Times, Kuech wrote, “Although I was but one face in a small audience, I represent over 800 voters in Gorham that made the time to vote for me back in November. It is for them that I did not give up fighting for what I knew was right and legal. The terms of the consent judgment could and should have been agreed to in the fall. It is important for representatives of the people, like legislative and policy-making bodies, to listen to all of their constituents and not just the ones they are comfortable with because their views are similar.”
She continued, “Sometimes voters have to do more than just cast a ballot. Sometimes calls and e-mails are needed to be sure what you vote on is actually acted upon. I have been supported personally behind the scenes by many people and am grateful for that.”
Kuech said that she is looking forward to working with the Town Council and will continue to attend school committee meetings. “I’m prepared to serve,” said Kuech. “I am glad that this phase of my journey is now over and I can look forward to learning more and working hard collaboratively to continue leading Gorham into the complex future ahead of us.”
Kuech will be sworn in at the regular Town Council meeting on March 10.