RUMFORD – The town’s attorney has filed a motion with Superior Court to dismiss a lawsuit by Thomas Carey and 19 other Rumford residents who claim that the town manager was hired illegally.

The motion for dismissal was filed late last week by Jennifer Kreckel. Carey has 21 days to answer the motion.

At issue is whether Town Manager Stephen Eldridge was hired legally under the town’s charter because he does not reside in the town. The 54-year-old town charter calls for its town manager, as well as other appointive job holders, to live in Rumford within three months of hiring.

Kreckel argues that dismissal is in the town’s best interest.

She writes in her motion that the complaint was not filed in a timely manner, citing a section of the Maine Rules of Civil Procedure that requires a complaint to be filed within 30 days of the action.

Eldridge was hired on Jan. 7, 2005.

“If they felt it was an illegal contract, why did they wait one-and-a-half years?”

She further argues that the plaintiffs cannot claim that they didn’t have knowledge about the circumstances surrounding the hiring because one of the plaintiffs, former Selectman Robert Bradley, signed the town manager’s contract. Only two current selectmen were on the board at the time Eldridge was hired.

Also, she said people cannot sue the town if they cannot prove that the alleged harm was done only to the plaintiffs and not to the general public.

Kreckel’s motion asks for dismissal of Carey’s complaint and reimbursement of legal fees to the town.

Carey said Monday afternoon that he is preparing an answer to Kreckel’s motion. It should be ready to go to the court by the end of the week.

He said selectmen should declare a vacancy for the position of town manager, then reappoint Eldridge only if he moves to Rumford, or someone else.

He said he doesn’t believe having Bradley as one of the plaintiffs would detract from the lawsuit.

“There are a lot of possibilities,” he said.

Three other people hold appointive town positions but live elsewhere. Carey said he was focusing only on the town manager’s position.

“That seemed relevant to what was going on at the time. It seemed to be in the press and people came into my office asking my advice,” he said. “There may be other illegalities, but I’m not taking on the world. It’s wise that the town has this charter amendment.”

A vote that would amend the charter to allow the town manager, sealer of weights and measures, auditor and plumbing inspector to live outside of the town if approved by selectmen will take place at a special election on Dec. 5.

If passed, Carey said the lawsuit would likely come to an end.