PARIS — The town attorney has filed a response to a lawsuit by former Town Manager Sharon Jackson, denying any wrongdoing by selectmen who voted to fire her without cause on June 22.

And an Oxford County Superior Court judge has granted Jackson’s attorney permission to question selectmen about their communications and discussions concerning her and her employment before and after the vote.

Jackson filed an appeal in Oxford County Superior Court last month challenging the selectmen’s 3-2 vote to terminate her employment contract. The appeal argues that Selectman Troy Ripley, who was elected in June, should not have been seated until July 1 per a warrant article passed at the 1999 annual town meeting.

The appeal says that Jackson’s contract should remain in effect. It also charges breach of contract, failure of timely payments, violation of the Maine Freedom of Access Act, violation of a state statute and constitutional rights, negligence and defamation.

The statute in question says selectmen may remove a town manager for cause, after providing the town clerk with a preliminary resolution giving the reasons for the desired removal and allowing the manager to speak at a public hearing.

In his written response, town attorney Geoffrey Hole said neither the resolution nor the hearing were necessary because Jackson’s contract allowed her to be removed without cause.

“There’s a statute that says a town manager can only be terminated by cause, and I’m not sure if she can waive that right by contract,” Jackson’s attorney, Bryan Dench, said Thursday. “The whole point is they don’t have cause to terminate this individual.”

The charge of violation of the Freedom of Access Act accuses Chairman David Ivey and Selectmen Ripley and Glen Young of holding “clandestine meetings or communications outside lawful sessions of the Board of Selectmen” that led to the June 22 decision. Dench said the Maine Supreme Court has determined that there is the inference of prior discussion if a “substantive vote” is taken without significant discussion.

Young made the motion to terminate Jackson’s contract at the beginning of an agenda item requested by Ivey to go into executive session to discuss the contract. In discussion after the motion, Ivey and Ripley said they supported the action while Jackson spoke in her defense, along with Selectmen Raymond Glover and Lloyd “Skip” Herrick.

“Any time you have seen such a vote, there is at least a presumption raised that there must have been a discussion of it in improper executive sessions or clandestine meetings,” he said.

Hole denies the charge in his written response, and the three selectmen have also denied it when it has been raised during meetings. Hole also said selectmen acted in good faith, did not deny Jackson due process, and were “entitled to absolute immunity for acts committed in their legislative capacity.”

Hole declined comment Thursday without authorization of the selectmen.

“I’m not going to discuss specifics without being directed to do so by my client,” he said.

Justice Carl Bradford approved Dench’s motion to specify the future course of proceedings, which includes a request to question the members of the Board of Selectmen “with respect to their communications and discussions of or concerning (Jackson) and her employment before and after the meeting on June 22.” Dench said the selectmen would be questioned under oath in private with a court reporter to record their answers.

The order also says the collection of discovery materials in the appeal will be completed by Feb. 10 and all motions submitted by April 30.

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