Somerville Select Board member Don Chase (left), Chair Willard Pierpont, and member Kathryn Jennings discuss rescinding a conflict resolution policy at their Wednesday, Feb. 19 meeting. Jennings said she still wanted residents to feel free to reach out if they need assistance resolving a conflict. (Molly Rains photo)
Citing First Amendment and other legal concerns, the Somerville Select Board voted unanimously Feb. 19 to rescind a conflict resolution policy members adopted at its previous meeting.
During the Feb. 19 meeting, board member Kathryn Jennings, who originally introduced the policy, said a similar policy had served her well in her previous role as an educator. However, advisors from the Maine Municipal Association raised legal concerns about its application in the context of municipal government.
“Somerville is not a private school,” said Jennings, who previously worked as head teacher at Rockport’s private Riley School.
The policy, which the select board originally enacted Feb. 5, called for a private meeting between the two parties involved in conflict and Jennings, who would assume the role of mediator.
The policy also directed residents not to discuss the conflict resolution process either on social media or with the public after a solution had been agreed upon.
Jennings said Feb. 19 that Maine Municipal Association representatives said the policy could be seen to challenge residents’ First Amendment rights.
The First Amendment to the U.S. Constitution establishes citizens’ right to free speech by forbidding any level of government from limiting citizens’ expression or their freedom to exchange information. The First Amendment also establishes freedom of religion, the press, citizens’ right to assemble, and their right to petition their government.
She also said the association flagged Jennings’ role in the process, which they said could conflict with her role as a select board member.
Jennings said she wanted to encourage direct communication among residents even without an official policy in place.
Reached by phone Monday, Feb. 24, Jennings said residents could call a select board member with any concerns they might have. The board would then determine what steps to take at their next meeting, she said, adding that each circumstance is unique and would likely require a different course of action.
She said she had been learning more about the laws governing municipal procedure since she was elected Jan. 7.
The next meeting of the Somerville Select Board will be held at 6 p.m. Wednesday, March 5, at the town office. For more information, go to somervillemaine.org or call 549-3828.
