PERU — The Board of Selectmen’s meeting abruptly adjourned Monday night after board members failed to agree on whether to respond to a lawsuit filed against the town and a selectman.

Martha Witherell and Dawna Kzregis are suing the town and Selectman Kathy Hussey, who has also been board secretary for about 12 years.

The two say they have suffered harm due to the town’s failure to prevent Hussey from serving in both positions simultaneously and want her ousted from the board before her term expires in 2014.

The town passed an ordinance in June preventing someone from serving the town as both a selectman and as a selectmen’s secretary at the same time.

The Maine Municipal Association advised the town that the ordinance would not apply to Hussey until her term expired in June 2014.

Witherell and Kazregis claim that Hussey’s continued employment as secretary violates a state law that forbids municipal officers from being appointed to any civil office for profit or town job for which town officials increased the officer’s wages.

At town meeting in June, the board approved a wage hike for the selectmen’s secretary position.

The lawsuit was filed Nov. 1 in Oxford County Superior Court in Paris.

Last week, it was discussed during an executive session with the board and attorney Patrick J. Scully, who advised in writing that the town answer the complaint by the deadline, or face a default judgment.

The deadline is Dec. 2, Selectman Laurieann Milligan said.

“I strongly urge you to file a timely response to the complaint,” Scully wrote. “Among other reasons, a default would put the town and its taxpayers at risk of incurring costs and being forced to take measures that may not be in the town’s interest.”

Filing an answer allows the court to decide the legal questions raised by the complaint without exposing the town unnecessarily to the risk and cost of a default, he said.

Last week, board Chairman Tim Holland and Milligan voted for a motion to have Scully respond to the suit; Selectmen Ed Ferland and Richard Powell voted against the motion. Hussey abstained.

After reviewing Scully’s letter at Monday night’s meeting, it was again moved to respond to the suit. Milligan explained that voting to respond just prevented a default judgment and associated cost, and left selectmen an option as to what the response would be.

When Ferland and Powell expressed their opposition to the motion, Holland quoted the section of Scully’s letter about placing the taxpayers and town at risk.

“Would you place the town in jeopardy by not responding?” Holland asked Powell.

Powell said he would. He said in four or five months the issue goes away but he didn’t explain what he meant.

“What it responsible is listening to the voters,” Ferland said.

Milligan again asked Powell, “Do you want to go against what the attorney says is in the best interest of the town?”

“Yes I will,” Powell said.

Holland said it was obvious they could not conduct any business and the meeting was adjourned.