| In Our Opinion: 41 New Gloucester residents |
This is an abridged version of the letter. See the full letter at the link below.
We, the undersigned residents of New Gloucester, wish to express our frustration with the June 27 Select Board meeting. Twenty-seven people applied to join or renew as members of our town committees and boards. Twenty-seven people offered their time and energy to serve andbetter our town. What happened at that meeting was a disservice to all of the applicants—and the entire New Gloucester community. We call on the Select Board to address all procedural inconsistencies. We suggest a series of actions at the end of this letter.
The town website indicated that a large number of vacancies existed for many different committees and boards. But at the actual meeting, almost every incumbent who reapplied was given precedence or automatically appointed, regardless of whether or not they followed the application procedures, as outlined in the town’s Application for Committee Membership (PDF).
The application procedures for serving on committees are vague and applied inconsistently. The criteria and process for reviewing and ranking applications are not clear or consistent. This results in an appearance of bias and discrimination, which leaves the town open to potential lawsuits.
As the Board started its deliberation on the first set of committee appointments, Chair Peter Bragdon contended that if a committee or board member is not reappointed, the town could be sued for failing to follow precedent. We believe this was based on a misreading of the Maine Municipal Association’s Municipal Officers Manual, which states,
Employees and officials who are hired or appointed for a specific term sometimes develop a property interest in their positions based on what the courts call “a reasonable expectation of continued employment.” This “reasonable expectation” usually develops as a result of a series of reappointments or contract renewals that occur without any meaningful review and discussion of the person’s performance. The decision to reappoint or renew is handled as a mere formality, creating the impression that the person has the job as long as he or she wants it.
The decision to reappoint in New Gloucester is not “a mere formality.” Members of boards and committees have to fill out an application and follow the process if they wish to be reappointed, just like any other applicant.
More importantly, there is no precedent here. It’s simply untrue that members of New Gloucester boards and committees seeking to be reappointed have always been reappointed. And until recently, the number of applications has not exceeded the number of open positions. Thus, the fact pattern for claiming that a standard for automatic reappointments is very different when there is competition for a position.
Furthermore, if Chair Bragdon’s reading were correct, an appointment to a board or committee would be a de facto lifetime appointment, which would be exclusionary and certainly not the outcome anyone would intend or hope for.
The idea that reappointment is guaranteed or that priority is given to those with previous service is a new invention by the Board that does not exist in writing in town documents. In fact, the town’s Application for Committee Membership (PDF) states “There is value in diversity.” By appointing the same people in perpetuity, for the most part, the Board has shown that it rejects this principle.
The lack of a well-defined application process and clearly defined selection criteria looked too much like a backdoor system that enables bias. The constantly shifting rules erode any faith the public has in the Select Board.
Our town deserves better. We know the Select Board can do better. We call on the Select Board to:
- Reverse all appointments to boards and committees for which there were more applicants than open seats, as provided by the town’s Bylaws for Board and Committees, which state “The Board or Committee may reconsider any decision at the same meeting or at a subsequent meeting within 30 days of its original decision, provided, however, that both a vote to reconsider any action taken pursuant thereto shall occur and be completed within said 30 days.”
- Appoint members to these board and committee seats without privileging the reappointment of incumbent board and committee members and with a fair and open process for adjudicating attendance issues.
- By October 1, 2022, develop and adopt processes for the creation of town policies and procedures including:
- the process for drafting proposed policies. For example, in workshops or meetings that are publicly recorded, etc.
- the format for public input during the proposed policy making process. For example, an open meeting before any policies are drafted.
- the process for public input on the proposed policies. For example, the notification of a public hearing and public comment period on any revised or draft policies.
- the process for the adoption of proposed policies and their effective date. This could be done with assistance from the town attorney to expedite the process.
- Draft new policies for a fair and consistent committee appointment process by December 1, 2022.
- Adopt new policies by February 1, 2023.
Sincerely,
- Greta Atchinson
- Peg Becksvoort
- Chris Becksvoort
- Jason Campbell
- Matthew Caouette
- Frank Chambers
- Penny Collins
- Misty Coolidge
- Shane Cummings
- Carole Cummings DeTroy
- Joan Dempsey
- Leslie Downes
- Cameron Dufty
- Melissa Sturgis Elie
- Ritu Esbjorn
- Julie Fralich
- Laura Fralich
- Carol Gillis
- Paul Gillis
- Adam Gilman
- Sarah Gusky Kemer
- Diantha Grant
- Donald Grant
- David Hilton
- Mary Beth Johnson
- Thomas Johnson
- Lauren Jordan
- Thomas Jordan
- Stephen Kappes
- Diane Lamson
- Sarah McDaniel
- Sasha Nyary
- Nick Planson
- Kathleen Potter
- Alyson Spencer-Reed
- Rachel Spencer-Reed
- Colleen Strickler
- Laura Jane Sturgis
- Roberta (Bert) Troughton
- Patricia A. Vampatella
- Noreen Williams
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