PARIS – A committee established in January to review the town’s subdivision ordinance is illegal because there’s a conflict of interest on the Board of Selectmen, a resident argues.

Robert Moorehead has named Chairman Ernest Fitts III and Selectman Glen Young in an appeal filed in Oxford County Superior Court. Moorehead argues that both men had a conflict of interest in voting to form the committee Jan. 28. He asks that their votes be voided and the committee be dissolved.

Moorehead also asks that:

• The votes of Fitts and Young be voided in regards to the appointment of Ron Fitts, Ernest’s brother, as an alternate member to the Planning Board;

• The votes of Fitts and Young be voided in appointing residents to committees which have financial influence over the code enforcement officer; and

• Fitts and Young be forbidden from any discussion or votes related to the subdivision ordinance.

The ordinance, which updated a 31-year-old document, was accepted by a 487-468 vote in June. The committee was formed by a 3-2 vote after Ron approached the board with a list of proposed amendments to the ordinance. The committee, which includes the Planning Board and five members appointed by selectmen, will review proposed changes and make recommendations to the Planning Board, who will in turn make recommendations to the selectmen. Accepted changes will then be put to a town vote.

In a related matter, Town Manager Sharon Jackson said Monday’s selectmen’s agenda will include a discussion over whether resident Jack Richardson should be removed from the committee due to personal bias.

Richardson signed a letter to the town asking that the vote to form the committee be rescinded due to conflict of interest, as well as a petition for restraint of proceedings due to conflict of interest that was filed with Moorehead’s appeal.

According to Moorehead’s complaint, Richardson unsuccessfully sought enforcement of the state’s conflict of interest laws against Ernest Fitts III and Young through the Maine Attorney General and Oxford County District Attorney’s Office.

Moorehead charges that Ernest Fitts III “showed prejudice in favor of his brother Ron’s suggested changes to the subdivision ordinance” and a predisposition “to favor those whose business interests he also shared.” Moorehead states that Ernest sought to bring about the changes to the ordinance in time for the spring building season.

Ernest said townspeople were told at the annual meeting that the ordinance could be reviewed. He said he owns Dura-Bilt Products, but is not involved with his brother’s work or the subdivision of land.

“I put up three-season sunrooms, most of them in southern Maine and out of state,” he said.

According to a recording of the Jan. 28 meeting, Ernest stated that he had received requests, mostly from developers, to expedite amendments to the ordinance, and supported the formation of the committee. However, he also said the board needed to be representative.

“I would certainly be ashamed of a board that would pick out five developers,” Ernest said on Jan. 28.

The appeal charges that Young made statements Jan. 28 “that the purpose of his candidacy for the Board of Selectmen was to alter and change said duly passed subdivision ordinance to facilitate development and enhancement of land to which he holds ownership or other beneficial interest.”

According to the recording, Young said he heard discussion of the possibility of building $400,000 to $600,000 houses in Paris last year from the original committee.

“I asked Sharon to come down and slack off on these proposals, and she said no. And I said all right, I’ll run for selectman,” Young said Jan. 28. “If people want to say I’m on here for an agenda, I know where I am, but I ain’t trying to do it illegally.”

State law defines conflict of interest as an official having a 10 percent or greater interest in the entity which may profit from the official’s action. It also defines a familial basis as a matter involving second cousins or closer relations, and advises against creating the “appearance of a conflict of interest.” The law states that an official should disclose a financial conflict of interest and abstain from the vote, although they may request written permission from the parties involved to remain in discussions involving familial bias.

Jackson said the appeal has been forwarded to the town’s insurance company to see whether the claim may be covered under their policy. If it is, Ernest and Young may be represented by the company’s attorneys; otherwise, they will be represented by the town’s attorneys.