Ken Maguire, a moderator of South Bristol town meetings for over 30 years, has filed a notice of claim against the town and the chairman of the Board of Selectmen, Ken Lincoln.
The attorney representing Maguire, C. Donald Briggs III, provided The Lincoln County News with copies of the notices of claim and a letter to Lincoln.
Briggs and Maguire allege that Lincoln, at the commencement of an Aug. 8 special town meeting, “made multiple defamatory references to” Maguire, including, among similar statements, “You are drunk,” “You lied to me” and “You promised not to be a candidate for moderator.”
The special town meeting in question consisted of a referendum on the South Bristol comprehensive plan.
Maguire serves as the secretary of the South Bristol Comprehensive Planning Committee. Before the referendum, the selectmen, at a July 28 public hearing, discussed the matter of who would moderate the meeting with Maguire.
The selectmen told Maguire they felt it would be a conflict of interest for him, as co-author of the comprehensive plan, secretary of the comprehensive planning committee and a vocal supporter of the plan, to moderate the meeting.
The selectmen said they consulted the Maine Municipal Association for a legal opinion on the matter and found the organization’s lawyers to be in agreement.
The selectmen – Lincoln, Chris Plummer and Chester Rice – unanimously opposed the plan.
Maguire didn’t protest at the time, only saying he hoped to return as moderator at future town meetings.
On Aug. 8, however, Maguire, according to the statements of eyewitnesses, came to the special town meeting and, after a confrontation with Lincoln, ran for moderator and lost, 14-7.
Patrick Parson, the town’s attorney, moderated the meeting. South Bristol voters rejected the plan, 153-80.
The notices of claim allege that Maguire, as a result of Lincoln’s alleged statements, “sustained injuries including but not limited to” emotional distress, loss of reputation and loss of community standing.
Maguire “has not yet been able to determine the full extent of the monetary damages,” Briggs wrote. “I believe the claim will result in a judgment of greater than… $300,000.”
At press time, Maguire has not filed suit against either party. “The purpose of this [notice of claim] is to enable [Lincoln] to commence negotiations prior to suit,” Briggs wrote in the notice of claim against Lincoln.
Briggs, in the letter, encourages Lincoln to direct his insurance carrier or attorney to contact him “as soon as possible.”
Lincoln did not return a message left Aug. 30.
“I don’t think [Lincoln] said anything to [Maguire] that wasn’t true,” Rice said.
Rice said he was present the afternoon of Aug. 8, during Lincoln and Maguire’s encounter. Lincoln told Maguire “I don’t want anyone under the influence of alcohol representing the town,” Rice said.
South Bristol’s insurance protects town officials against actions of this kind, Rice said. Although the town office is closed this week as part of a regularly scheduled annual vacation, Rice is in touch with Parson and will contact the town’s insurance provider, he said.
Maguire referred questions to his attorney. Briggs didn’t return a message left Aug. 30.
