Board accepts recall petition

POLAND —  The board of selectmen unanimously accepted recall petitions for three board members at its meeting Tuesday.

Three petitions to recall Chairwoman Wendy Sanborn, Vice Chair Larry Moreau and Selectman James Fernald were filed with the town by a recall committee November 15.

The recall committee organizing the campaign accuses the three selectmen of violating the town charter when they voted to fire former Town Manager Rosemary Kulow in October.

Petitioners received 182 signatures apiece for Moreau and Sanborn, and 180 for Fernald.

A public hearing on the recall will be held December 18. If the board approves a warrant, the vote is set for January 3.

On Tuesday, Town Clerk Judy Akers said the recall committee would be notified that the petitions were sufficient.

During Tueday's meeting, members of the recall committee questioned the board's actions. 

Referring to the board's formal response to the committee at the November 20 meeting, Stan Tetenman questioned the legal advice obtained by the board.

"The legal opinion of the town attorney read by Chairperson Sanborn at the selectboard meeting ... concerning the firing was dated November 19," Tetenman noted.

"It appears that you did not have legal counsel prior to the firing so you sought a legal opinion after the fact to justify this illegal action."

Moreau responded that the board could answer many of recall committee's questions if it was not constrained by the laws governing executive session.

If Kulow was willing to sign a document and meet board members in open session to go over everything that transpired in every executive session during her tenure, Moreau said he would gladly attend.

Reached Wednesday, Kulow was asked if Moreau's proposition was something she would consider.

"Definitely not. I'm moving on." Kulow replied.

At Tuesday's meeting David Corcoran further questioned the sufficiency of the board's November 20 response.

The board's insistence that Kulow's termination was permitted, according to her contract, did not mean it could ignore the process for town manager dismissal detailed in the town charter, Corcoran charged.

The board's claim that Kulow's termination was permitted because it was "without cause," was spurious, Corcoran said.

"There's no such thing. The cause can be you didn't like the color of her hair ... to try to hide underneath a contract which was supposed to be ... applicable to the charter is not an excuse," Corcoran told the board.

Board members were facing a recall because they ignored the charter-required process and, in doing so, violated the oaths they took as selectmen, Corcoran said.

"The reason you're up for a recall simply is not because you got rid of the town manager, that was within your right, it's because you broke that oath."