RUMFORD – The Board of Appeals upheld the termination of a Parks Commission employee Monday night by a 4-1 vote after a four-hour public hearing.
Town Manager Steve Eldridge fired Neal Witas, a 15-year Parks Commission employee, on April 4 for violating the town’s sexual harassment policy.
Eldridge said Witas was terminated for having adult magazines on public property, specifically in the warming building of the hockey rink at Hosmer Field, which is used frequently by young people.
“He put the town at risk,” Eldridge said Tuesday. “We have a sexual harassment policy and in that policy it states that such materials are not to be on town property.”
Witas’ lawyer, David Lourie of Cape Elizabeth, said Thursday that his client hasn’t yet decided whether to file an appeal in Superior Court. Witas has 45 days from the date of the board’s decision to file an appeal. He has an unlisted telephone number and could not be reached for comment.
Rick White, acting chairman of the Parks Commission, said Tuesday that the commission warned Witas late last summer to remove the magazines.
In March, Eldridge discovered about two dozen magazines, such as Playboy, at the hockey rink and told Witas that it was a serious violation.
The Parks Commission voted to recommend Witas’ termination, Eldridge said.
Lourie said the reason the board upheld the decision of the town manager has less to do with Witas’ conduct than with the sense of outrage the board had over the materials.
“The majority of the board felt these magazines were inexcusable,” he said, adding that he didn’t believe the magazines violated the sexual harassment policy. You have to have a victim and there were no sex acts depicted (in the magazines).”
He said he also believes there was a factual dispute as to whether Witas was told to remove the magazines or keep them out of sight.
Len Greaney, chairman of the Board of Appeals, said the majority of the board voted to uphold the town manager’s decision because of possible liability and possible insubordination because Witas did not respond to a request to remove the materials.
“We felt the employee had been warned of disciplinary action,” he said Thursday.
Greg Barry was the only dissenter. Although he said on Thursday that he believes Witas was at fault for having the materials on town property, he believes some other form of discipline should have been taken, such as suspension. He also believes Witas should have received a written warning.
White said this is the first time in his 17 years on the Parks Commission that the board has recommended termination of a parks employee. The town manager is responsible for hiring and firing.
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