PARIS – Selectmen approved a policy to defend elected officials and town employees Thursday, but it will not apply to two selectmen currently facing a lawsuit in Oxford County Superior Court.

The special selectmen’s meeting had three agenda items, including the question of whether the town should pay the legal costs of Chairman Ernest Fitts III and Selectman Glen Young, who have been named in a lawsuit by resident Bob Moorehead.

At Monday’s selectmen’s meeting, Selectman Gerald Kilgore voted against approving the measure, and abstained from the vote on Thursday. Selectmen Raymond Glover and David Ivey voted in favor in both instances, but did not garner the three-vote majority needed for approval due to Fitts’ and Young’s abstention.

The suit charges Fitts and Young with a conflict of interest in their votes on Jan. 28 to approve the formation of an ad hoc committee to review the town’s subdivision ordinance.

The committee was approved in a 3-2 vote to review a list of proposed amendments to the ordinance presented by Ron Fitts, the chairman’s brother.

Moorehead argues that Ernest Fitts III demonstrated a familial bias in the issue, while Young stands to benefit financially from revisions to the ordinance. While the ad hoc committee was dissolved after the suit was filed, Moorehead says it will proceed with regard to other requests in the suit.

Moorehead has asked that the two officials be barred from discussion or votes regarding the ordinance. He also seeks to void their votes in appointing Ron Fitts as an alternate planning board member and in appointing committee members with a financial influence over the code enforcement officer.

On Thursday, Kilgore recused himself from the question of the town paying for Fitts’ and Young’s legal fees, saying he had a conflict of interest in the question because he has done business with Moorehead’s family.

The action raised questions about whether the board could go forward on the issue with only two voting members, but Town Manager Sharon Jackson said the three-vote majority was needed for an affirmative vote.

Resident Bruce Hanson protested the situation, saying Kilgore has appointed family members to municipal committees before. Kilgore said he had appointed his brother to the social services committee.

Fitts said he was “shocked” at the admission.

“Is it only good for some people around here to put their brothers on committees?” asked Fitts.

Ivey motioned to have the town pay the legal costs, and that Kilgore should be included in the vote. The four selectmen voted unanimously to include Kilgore, at which point Kilgore asked that the vote be tabled so he could get an opinion from an attorney. He later said he would pay for the legal opinion out of his own pocket.

“If you don’t want to table it, I’m not going to vote,” said Kilgore.

The response angered Ivey, who said Kilgore has “made a mockery of the board” with his actions at prior meetings, including declining to approve legal fees on Monday.

“I ask you to resign, because I’ve just had enough,” said Ivey.

Fitts, Young, and Kilgore abstained from the vote, which once again fell short of the needed majority.

The policy states that the town shall assume the defense or pay legal fees to defend town officials or employees against civil suits related to their actions, provided the person does not act in bad faith or a criminal manner. Jackson said the policy will not retroactively cover Fitts’ and Young’s legal costs.

“Ernie and Glen should be covered as well. They’ve served this town well,” protested resident Heidi Ricci. “It should be retroactive.”

The policy passed 3-2, with Fitts and Young voting against it.

An item asking for the policy and procedures committee to draft an ethics policy was defeated 3-2, with Glover and Kilgore voting in favor and Fitts, Ivey and Young voting against.