LEWISTON — A meeting being organized in part by Ward 1 City Councilor Tom Peters to discuss the performance and actions of the Lewiston City Council would not be a breach of state law or the city's charter, according to a ruling issued by the Maine Municipal Association on Friday.
The meeting is set 5:30 p.m. Wednesday, Aug. 5 at the Ramada Inn in Lewiston.
Acting City Administrator Phil Nadeau sought the opinion after Ward 7 Councilor Robert Reed challenged whether the meeting would constitute a violation of the state's open meeting laws or the charter. Reed was demanding an opinion of the city's attorney, but Nadeau suggested it would be less expensive to get the opinion from MMA's legal staff, because the city is a member of the association and some legal advice is one of the services the association provides.
"It may seem unconventional to do so, but I will begin with my conclusion: A meeting about the City Council is not necessarily a meeting of the City Council," Richard P. Flewelling, MMA's assistant director of the Legal Services Department, wrote in a memo to City Clerk Kathy Montejo. "As planned, this will be essentially a political event, and irrespective of the politics, it is well within a councilor's (or any public official's) First Amendment right to organize and conduct."
The memo was distributed to the council Friday.
On Friday, Peters, the council president and a lawyer, said he was not surprised by the ruling and that he knew all along he was exercising his Constitutional rights of free assembly and free speech. He said what was more troubling to him was that Reed was attempting to use city resources — Reed had initially asked for an opinion from the city's attorney on the matter — to restrict another citizen's Constitutional rights.
"My first response to it was here we go again spending more of the city's and taxpayers' money on legal opinions that are not necessary," Peters said. He said Reed may not trust his opinion simply because he's an attorney and in disagreement with him. "Perhaps he had what he thought was a valid request, but the answer is clear, the legal opinion is what I knew it would be and I hope they understand we still have the right to free assembly and freedom of speech and to change things that we feel are not appropriate and that's what's going to be happening."
Peters said the purpose of the meeting is to talk about the failings of the current council, especially the firing of Jim Bennett, the city administrator, and to begin to find candidates to oppose incumbent councilors who voted for that action. "I'm getting lots of people calling me, telling me they are not happy with what they are seeing," Peters said.
Reed said he wasn't too surprised by the legal opinion either, but that he still felt Peters was taking an action that appeared to be aimed at undoing the firing of Bennett.
"The thing I'm more concerned about is that this is to talk about Mr. Bennett and how do we fix what happened to Mr. Bennett," Reed said, "and you could get into some very dangerous issues with personnel that were discussed in executive session, and if it's a personnel issue you really shouldn't go there."


So did this meeting happen
So did this meeting happen already or is it this coming friday? The article is very unclear.
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The article is very poorly written, leaving out important information. However from the MMA letter we can determine that the meeting will take place this Wednesday, August 5th.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.My apologies for the
My apologies for the spelling errors, I am the world's worst typist. I can spell quite well and understand proper grammer, I just am a hunt and peck typist who uses only 3 fingers to do so.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.Ginger, thanks for your
Ginger, thanks for your concerns, vut do you live in my ward? In Lewiston? If so, have you trried to contact me? Do you know of any of the people who have contacted me that I did not rtespond to (there are none). The 21st century will be one in which electronic media quickly overtakes the printed correspondence we've all grown up with. Being on this blog is a privelege but its one way i can answer questions posede of me and rerfute false statements made.
I have answered every phoine call and email sent to me and frankly, its my decision to be on here, not yours. It takes little time to read what soemone wrote and answer it. There are 24 hours in a day, 7 days in a week giving me ample time for a 30 second reply.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.ROBERT61. IF YOU WERE AS
ROBERT61. IF YOU WERE AS CONCERNED ABOUT YOUR CONSTITUENTS AND THEIR FEELINGS AS YOU ARE ABOUT YOURSELF AND YOUR BLOGGING,MORE OF YOUR TIME AND DIALOGUE WOULD BE SPENT POLLING YOUR CONSTITUENTS RATHER THAN BLOGGING ABOUT YOURSELF. DO YOU EVEN REALIZE IN YOUR SHORT BLOG YOU SAY "I",and "me" ROUGHLY 20 TIMES IN ALL? YOU'RE NOT THE ONLY TAXPAYER IN TOWN WINDBAG.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.To those who have a true
To those who have a true concern, I did ask if a legal opinion was required in a heat of the moment situation. my passion for Lewiston and for the job I was elected to do are strong and I take my role very seriously, and hearing that the sitting council president was organizing such a meeting seemed to me like cheap shot and was clearly done because he has lost control of the council and now seeks to replace us with others who would agree with his actions, which I realize is his right to do. While the opinion did not cost one penny, in hindsight it could have cost money had the acting administrator not suggested the MMA option. When the reporter called last night I agreed that there was no story here, I was wrong and the MMA was helpful in explaining that to me. To the citizens of my ward and of the city of Lewiston I apologize and understand why some of you think my actions may have given this city one more black eye. We live in a country that allows us the ability to assemble and to speak freely, rights other countries still do not allow. I appreciate those rights and the rights of the citizens of my ward to decide if I should remain in office. I look forward to the meeting Wednesday and to the election in November. If Mr. Peters wishes, I would be happy to offer a formal apology in this matter in the LTTE section of the LSJ at any time they wish to have it published.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.Bravo! ----------------------
Bravo!
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When I was a young Sailor - I drank like a Sailor, fought like a Sailor, and screwed like a Sailor. Now that I am old and wise - I have a few scars, but many fond memories.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.Of course its legal Peters
Of course its legal Peters is no fool. Wish I could say the same for Reed and Theriault though. How dare Peters actually listen to the people of the city he works for. What does he think this is a democracy. Geesh doesnt he know that the peopl dont know what is good for they're city. We need narcacists like Reed and Theriault to tell us what we want and need. They are just looking out for our future. Us drooling idiots dont know what we want or need . Thank you Mr. Reed for leading the dirty Lew in its slimy and sad ways..
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Did you make a name just to insult Reed, Theriault and Lewiston? If so please feel free to get a life.
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Would you like to respond? Login or create a new account. You'll need to verify your account before you can respond.Reed is an attorney and he
Reed is an attorney and he didn't know this??!!! LOL.
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