RUMFORD – The Board of Appeals late Tuesday night voted 3-1 to overturn a decision by selectmen to dismiss all eight Charter Commission members.
The action followed more than three hours of sometimes contentious testimony offered by witnesses on both sides of the issue.
Walter Buotte, chairman of the commission, said he felt a sense of relief and vindication at the board’s decision.
“All I want is for our work to be evaluated through a vote of the citizens of Rumford,” he said.
Voting to overturn the selectmen’s decision were Robert Richard, Harry Powers and Leonard McKenna. Voting to uphold the decision was alternate Board of Appeals member Jeremy Vashaw.
Although Vice Chairman Kevin Saisi was allowed to conduct the hearing, he was not allowed to participate in discussion or to vote due to a conflict of interest. Board Chairman Joseph Roberts stepped down from his position because he is also a member of the Charter Commission.
The complaint filed against the commission was brought by Carlo Puiia, the town’s tax collector, who asserted that the commission had violated Chapter 11 of the town’s ordinances that calls for maintaining complete and accurate records of meetings, and on Chapter 38, which outlines the complaint procedure.
At issue, and brought up over and over again Tuesday night, were the several times the commission turned off a tape recorder during meetings.
Attorney Tom Carey, representing selectmen, said they can appeal the issue to a court. Whether they will isn’t yet known.
Arguing in the minority, Vashaw said the commission had been warned by selectmen not to discuss the names of people.
“They were warned. Transparency is a very big issue. We don’t know if nothing went on (when the tape recorder was off). The decision (to dismiss the Charter Commission members) may be a harsh decision, but the selectmen weren’t wrong,” he said.
Richard said Chapter 11 does not require a tape recorder at a meeting.
“We keep minutes. This is the big issue,” he said, referring to whether complete and accurate records of Charter Commission meetings were kept.
Powers questioned whether turning off the tape recorder three times justified eliminating the commission.
“A lot of work has gone into it,” he said.
Buotte said the commission plans to meet on Feb. 28, then hold public hearings on their recommendations in March.
The commission was established in the fall of 2006 to review the 50-plus-year-old town charter, update it and recommend changes. The charter is the town’s governing document.
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