The legality of advertising and hosting the commissioner candidates’ forum, though effective in drawing a crowd Tuesday night, has been challenged.
The forum in question, held at the Central Lincoln County Ambulance station in Damariscotta Oct. 21, was sponsored by the American Federation of State, County and Municipal Employees (AFSCME) Council 93, Local 1828-28.
The existing three year union contract with the county expires Dec. 31.
Lincoln County commissioner Sheridan Bond said that for county employees such as Lt. Rand Maker of the Lincoln County Sheriff’s Office to advertise and host the forum violates personnel policy stipulated in the union rule book.
The Lincoln County Personnel Policy states, “no political activities or political campaigning shall be conducted by County employees during their working hours or on County property.” The Personnel Policy further states that county employees can’t use county owned equipment for political means.
Bond pointed out that Maker, while in uniform, hand-delivered the flyer to be posted for the forum to an administrator at the Lincoln County Courthouse, to the Lincoln County Emergency Management Agency and to personnel at the Lincoln County Recycling Center.
Lincoln County Sheriff Todd Brackett didn’t see anything wrong with the forum.
“I think employees have the right to exercise their rights as voting members of the public,” he said. “To my knowledge, they have not violated any union contract provision.”
Brackett said that he was aware of the scheduled forum and confirmed seeing one of the flyers posted on a bulletin board. Anna Lee Rosenblatt of the Lincoln County Courthouse said that she had not personally been invited to the forum, but did not intend on going.
“I just know that a lieutenant in the Sheriff’s Dept. was delivering flyers,” she said, adding, “I’m not sure if it is in violation (of the policy).”
Moments before press time, Rosenblatt confirmed the forum may have been in violation of state statute. “Engaging in political activity while on duty may be a violation of the collective bargaining agreement, policy and statute,” she said.
Rosenblatt was referring to Maine State revised Statute title 30A, §355.
All four candidates for the two county commissioner seats were invited to the forum. Unenrolled candidate Joshua Pinkham of Damariscotta and Boothbay Harbor Democrat David Taylor both appeared. Bond and Southport Republican Lynn Orne declined to attend.
Maker said the reason both Bond and Orn cited for not coming to the forum was over concern that answering the questions could impact pending contract negotiations and could cause a conflict.
Bond took particular issue with two of the 10 questions posed to the candidates. Question seven asked candidates how they would provide competitive wages and maintain reasonable tax rates. Question nine asked what the candidates thought about county employee benefits such as retirement and health insurance.
Bond said that the two questions jeopardize his position as county commissioner. Since new contracts are under negotiations and Bond is running for re-election, he felt that the forum would put him in a precarious position.
“It is inappropriate for me, as an elected official, to be in a debate discussing potential bargaining issues,” Bond said.
He further explained that to answer the previously written questions possibly influenced by bargaining agreements would be in violation of labor rules and regulations pertaining to bargaining agreements.
“It’s an unfair labor practice,” he said. “I, as a county commissioner, represent every citizen in my county. I represent members of the union as well as all of the citizens of Lincoln County.”
According to Maker, Orn also said that if she were to answer the questions in writing, her answers would be provided to the other candidates.
The other questions posed to the two candidates who joined the forum were general in nature. Maker, who was the forum leader, asked questions that pertained to increasing government effectiveness, what issues the candidates thought need immediate attention and the role of county government in the future.
In Pinkham’s response to question seven, he said that the cost of living should be considered. In providing competitive wages while maintaining reasonable tax rates, he said that people who are performing the duties of their job should get a raise each year.
Taylor agreed with Pinkham. He said when wages and taxes come to a head, he would be looking for alternative ways to save money, rather than cut wages.
As to question nine, which pertained to the importance of offering benefits such as retirement and health insurance to county employees, both candidates agreed. Pinkham said he feels every state employee should get benefits.
The remaining questions focused on what to do with the vacant Lincoln County Jail (closed in 2006), advantages or disadvantages to allowing Sheriff’s Office deputies taking home vehicles, how to improve the relationship between the employees of Lincoln County and its commissioners and the new law that caps spending for jails.
“I don’t think there was anything unreasonable with any of these questions,” Maker said.
Roughly 30 people sat in attendance at the forum. Some of these people were residents interested in the process. Incumbent District 53 Rep. Peter Rines (D-Wiscasset) who is running for State Senate, District 20 also sat in the audience.
“I’m here to be supportive and to find out what people have to say,” said Jerry Topinka, who is helping Taylor on his campaign.
Maker said he couldn’t understand what was wrong with holding the forum and the AFSMCE local was simply trying to get information from the candidates out to the public. “This was not a labor meeting,” he said, adding that there were non-union citizens at the forum.
“The Sheriff’s Dept. works every day to uphold the constitution,” he said, shaking his head. His face was flushed and his eyes stared out as if he was perplexed. “Part of that includes the right to assemble and the freedom of speech.”