During a July 13 Boothbay Harbor selectboard meeting, the abutters of Boothbay Harbor Waterfront Preservation (BBHWP)’s Eastside Park, Joe and Jill Doyle, alleged there had been an inappropriate meeting at the town office between Selectboard Chair Mike Tomko, BBHWP lawyer Anthony Muri and Code Enforcement Officer (CEO) Dan Feeney.  

As reported in the Register, the Doyles said they were not informed of this meeting. Their lawyer, Kristin Collins, was also not present. Tomko confirmed he was there and was invited by the CEO. Doyle asked Tomko to recuse himself or resign. Doyle also asked that the board vote on the matter. No action was taken. 

The Doyles also alleged Tomko misled the selectboard about a planning board appointment.  

Selectmen appoint people to the planning board but are otherwise uninvolved in board decisions. In a post-meeting interview, Joe Doyle said this is why they are asking for Tomko's recusal or resignation, as he should not be involved or meeting with BBHWP personnel. 

"The net effect of the problem … is getting a fair shake or getting a fair hearing when the chairman of the selectboard is clearly not following the rules," said Doyle.  

The Doyles suggested a solution could be that Feeney doesn't rule on BBHWP matters, and they wait for a new full-time CEO. Boothbay Harbor is still looking for a full-time hire.  

Tomko told the Register he would not comment on allegations relating to an active municipal matter. "I have confidence that the town's legal counsel and established municipal processes will address any questions being raised."  

On the issue of planning board appointments, he said decisions are made by the entire selectboard, and it would not be appropriate to comment publicly on the discussions that occur within the personnel process.  

During the July 13 meeting, BBHWP lawyer Anthony Muri disagreed that there was impropriety in his communication with Feeney, saying, "I was approached by the new CEO (Feeney) and asked whether I would be willing to fill him in. He was new to the position … I went to the meeting with the sole purpose of answering these questions, and I did." 

He continued, "I would say here that it would be rather shameful and disappointing if the consequence of this suggestion, this allegation, was that Mr. Feeney was discouraged from doing his job." 

BBHWP President John O'Connell shared a similar sentiment: "I'm not real keen on ad hominem attacks, and I particularly take exception to Mr. Feeney, who's new here, being attacked in public like this."

The selectboard closed the discussion with Town Manager Julia Latter saying personnel performance shouldn't be discussed in a public forum.

The Register reached out to Feeney for comment. 

After an executive session, the selectboard voted unanimously to have Latter consult with the town attorney regarding legal issues and concerns brought forth. In a July 21 interview, she said communication was ongoing.