PARIS – The third time, the Board of Selectmen on Monday did not approve having the town pay legal fees for two selectmen named in a lawsuit.

Chairman Ernest Fitts III and Glen Young have been named in an appeal filed in Oxford County Superior Court charging a conflict of interest in some of their votes. Fitts, who is not seeking re-election to the board and finished his term as chairman on Monday, had requested that the issue be revisited.

The agenda item was not addressed after it failed to garner a second to Vice Chairman David Ivey’s motion for discussion.

“We’ve been through this before, and positions haven’t changed,” said Selectman Raymond Glover after asking Selectman Gerald Kilgore if he had changed his mind on the issue.

The issue of legal fees first appeared on April 28, when it fell short of the three votes needed for approval after Kilgore voted against the measure and Fitts and Young abstained. At a special selectmen’s meeting on May 1, approval failed along the same lines.

On May 12, Fitts accused Kilgore of offering to vote in favor of the town supporting the two selectmen if Fitts cast a vote in favor of creating an ethics policy. Kilgore has said Fitts’ recollection of their discussion is inaccurate.

Resident Robert Moorehead has accused Fitts and Young of having a conflict of interest in voting to create an ad hoc committee to review the town’s subdivision ordinance on Jan. 28. Moorehead argues that the selectmen were acting out of familial and financial interests in their votes, stating that the committee was formed after Fitts’ brother suggested amendments to the ordinance to the board and that Young has filed subdivision plans with the town office.

Although the ad hoc committee disbanded in reaction to the lawsuit, the appeal is proceeding on other matters, such as the request that Fitts’ and Young’s votes appointing Fitts’ brother as an alternate to the Planning Board be rescinded.

Fitts closed the meeting by citing his accomplishments as chairman and criticizing the group that opposed the subdivision ordinance committee, saying it was trying “to tie the hands of the new select board.”

Fitts also accused the group of being selective in the people named in the lawsuit, citing a Feb. 19 letter to the town that charges three selectmen with having a conflict of interest.

“It’s only reasonable it had to be Gerald,” Fitts said.

Kilgore voted against the creation of the subdivision ordinance committee in January.

Fitts cited the installation of benches at Moore Park and flags on utility poles as some of his accomplishments. He said that the expansion of audience participation at the meetings has led to greater public input without compromising the agenda.

“There’s not been one time when we haven’t gotten everything done,” Fitts said.

Fitts also said that despite some close votes, the board was able to cooperate on most issues.

“I dare say we haven’t had a difference of opinion on more than a handful,” he said. “We agree on most things.”