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PARIS – A legal appeal by a sheriff’s sergeant of his removal from the budget committee by the Oxford County Commission has been moved to the U.S. District Court.

The Oxford County Commissioners voted to remove Christopher Wainwright from a seat on the budget committee at a special meeting on Sept. 10. They said Wainwright’s position as a sergeant with the Oxford County Sheriff’s Department created a conflict of interest.

County Attorney John Wall III, of Monaghan Leahy LLP in Portland, said Monday he requested that the case be moved from Oxford County Superior Court.

“I prefer to be in a federal court, that’s all,” Wall said. He later added that federal court judges have “a lot of experience” resolving civil rights issues.

The Oxford County commissioners voted to remove Wainwright from a seat on the budget committee at a special meeting on Sept. 10. They said Wainwright’s position as a sergeant with the Oxford County Sheriff’s Department created a conflict of interest.

Wainwright filed an appeal Oct. 7, alleging the county commissioners exceeded their authority in removing him from the committee, violated the freedom-of-access law by not properly informing him of the meeting in which he was removed, and deprived him of a hearing.

The complaint also referred to a Sept. 7 letter from administrative assistant Carole Mahoney informing Wainwright that, “the Commissioners agree that since you are a county employee it would be a Conflict of Interest’ for you to serve on the Committee.”

Wainwright believes he may have been removed before a vote was taken.

Wainwright’s attorney, John Chapman of Kelly and Chapman PA of Portland, has argued that Maine law allows deputy sheriffs to serve on budget committees. He also has said that only the town of Canton had the right to remove its representative to the budget committee.

Wall, on the other hand, said Monday that it appears the county commissioners followed the law in giving public notice of the Sept. 10 meeting, holding the meeting and voting to remove Wainwright from his post.

“We just see it as the county commissioners acting pursuant to what we see as a clear statute of the law,” he said.

In answer to Wainwright’s complaint, Wall has denied that county commissioners made a decision before voting to remove Wainwright.

Wall responded to an allegation that Wainwright’s rights had been violated when he was denied a hearing by stating, “The Defendant’s conduct did not violate any clearly established constitutional or statutory rights of the Plaintiff.”

Whether the federal court handles the case remains to be seen.

Chapman said the questions involved pertain to state law, and he expects the case to be handed down to the Maine Supreme Judicial Court.

Both attorneys said it could take several months before a trial begins.

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