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PARIS – A legal appeal filed against Oxford County two weeks ago may not be discussed by the Oxford County commissioners anytime soon.

The commission’s monthly meeting is at 9 this morning. Chairman Jim Carey said Monday he did not know whether the appeal, which resulted from the commission’s decision to remove Christopher Wainwright from the budget committee, would be discussed.

“I haven’t seen my agenda for tomorrow,” Carey said.

“I’m very sorry that it’s come to this,” he said.

Wainwright, of Canton, filed the appeal in the Oxford County Superior Court on Oct. 7. The complaint alleges that the county commissioners “exceeded their authority” in deciding to remove him from the budget committee; violated the freedom of access law; and deprived him of a hearing.

Appointed to the county budget committee Aug. 31 as a member of the Canton Board of Selectmen, Wainwright a week later received a letter from the commissioners informing him he’d been removed.

The letter said “it would be a Conflict of Interest'” for Wainwright to serve on the committee because of his employment as a sergeant with the Oxford County Sheriff’s Department.

First of all, said Wainwright’s attorney, John Chapman of Kelly and Chapman in Portland, in 1995 the Maine Legislature “specifically acted to remove the prohibition on deputy sheriffs being either selectmen or budget committee members.”

It’s not a conflict, he said. “I don’t know how much clearer you can get.”

In addition, Chapman said, Wainwright was serving as a municipal official. Only municipalities may remove municipal officials, he said.

Also, Chapman said, the letter to Wainwright indicated that the commissioners decided on their position without holding a meeting with proper notification, or taking a vote in public. And, he said, they decided on the removal without a public hearing as required by law.

Commissioner Jim Carey declined to respond to the allegations because the appeal is pending.

When asked for the name of the lawyer representing the county, Mahoney referred the Sun Journal to Malcolm Ulmer, claims manager for the Maine County Commissioners Association.

Ulmer could not be reached for comment Monday.

A copy of today’s meeting agenda faxed to the Sun Journal included no references to any legal matters.

Wainwright’s appeal calls for “such damages as he may be entitled to, together with reasonable attorney’s fees.”

Chapman said the associated costs will depend on the county’s actions and the outcome of the appeal.

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