The “Meet the Candidates” night forum hosted by union employees on Oct. 21 may have been legal under the constitution, but some county officials question the disbursement and posting of flyers for the meeting.
County Commissioner Sheridan Bond alleged that Lincoln County Sheriff’s Office Lt. Rand Maker violated union policy when he distributed and posted the flyers for the forum while in uniform and on duty. The forum was sponsored by the American Federation of State, County and Municipal Employees, Council 93, Local 1828-28.
Labor Negotiations Human Resources consultant Annalee Rosenblatt said there was nothing wrong with the forum on its face, but the problem lies with the distribution of flyers. According to Lincoln County personnel policy, county employees may not conduct political activities or campaign during working hours or on county property.
County employees can hold forums and conduct political activities outside of work, she said. Rosenblatt added that a county employee attended the forum in uniform, which could be the only problem with the forum itself.
Any disciplinary action taken for violating union policy is normally handled by the Sheriff, she said.
“I share some of these concerns,” said LCSO Sheriff Todd Brackett during a telephone conversation. “Should I issue discipline, employees have a right to appeal.”
Following his recent investigation, Brackett has concluded that no member of the LCSO has violated the law for hosting the “Meet the Candidates” forum.
He concluded that county officials were correct in their suspicion that the posting and distribution of flyers for the event by a county employee while on duty and in uniform may have been in violation of union policy Title 30A-Section 355. He said employees must first seek permission to post flyers from an immediate non-union supervisor.
Brackett has issued a memorandum to the American Federation of State, County and Municipal Employees Local 1828 cautioning against the violation of contract rules by posting a union notice, according to a recent press release from the LCSO.
Brackett stated in the release that he sought council from the Maine Attorney General’s Office on this matter.
“The Attorney General’s Office agreed with my assessment that no member of the Sheriff’s Office has violated the law,” he said.
He added that since the invitation did not mention candidate names, political affiliations nor was it a solicitation for funds, the flyer itself and resulting forum were not violations.
Brackett said the AFSCME Union has held “candidates night” events in the past.
“I believe the union was simply trying to exercise their right to assemble and trust that in the future they will post any such notice in a more appropriate manner,” Brackett said.
Maker said he believes the accusation in its public form is a violation of Maine law.
“I’m an employee and I have rights,” he said. “It certainly is awkward to be accused of a violation when the accusers are in violation themselves. This event reeks of election year politics.”
He referred to Maine Legislature Statute 30A, p. 503, Paragraph B-5.
Taken from the Maine Legislature web site (www.mainelegislature.org), the law states, “If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed if it imposes or upholds discipline. If an arbitrator completely overturns or removes disciplinary action from an employee personnel file, the final written decision is public except that the employee’s name must be deleted from the final written decision and kept confidential.”
The county administrators have overstepped their authority and have violated Maine law by publicly accusing him, Maker said. The accused should be protected until the matter is resolved, he added.
Additionally, Maker believes his case is compromised through the appeal process. If the Sheriff issues discipline and Maker wishes to appeal the decision, he must face the County Commissioners for the appeal.
County Commissioners have control over the Sheriff’s Office budget and could enforce further restrictions. The LCSO department union contract comes to an end in December.
Bond chose not to attend the Oct. 21 forum because he was concerned the questions posed would conflict with pending union negotiations. He took issue with two questions in particular.
The seventh question out of 10 posed to candidates asked if they had suggestions for how the county could provide competitive wages and maintain reasonable tax rates. The other question asked how candidates felt about benefits such as retirement and health insurance to county employees.
County Administrator James McMahon said that while the forum was completely fine, the timing was suspect. He added that the two candidates for commissioner, Sheridan Bond and Lynn Orne of Southport, were prudent in their decision not to attend the forum.
