Refuse district surrenders minutes from March 26 'special' meeting
On April 12, the Boothbay Register issued a Freedom of Access Act request to the Boothbay Region Refuse Disposal District directors for the March 26 meeting minutes. The directors held their special meeting at the Boothbay Harbor town hall without notifying the media. The special session discussed allegations of "theft and financial improprieties" at the transfer station. May 9, after directors approved the minutes, the Boothbay Register and Bangor Daily News received copies.
According to the minutes, the "special meeting" was called to order at 9:03 a.m. with members Jody Lewis, Curt Crosby, Amy Harkins, Jay Warren, Chuck Cunningham and Julia Latter present. Lewis, who is the board chairman, explained Latter requested to discuss allegations she reported to the FBI. Latter is the board's treasurer and, according to the minutes, she discovered "multiple financial improprieties" implicating station manager Steve Lewis (who is not related to Jody Lewis).
Her allegations were delivered in a letter to directors outlining the allegations. The letter was also sent to employees. The six directors voted unanimously to place Lewis on paid administrative leave. "The directors were informed the FBI would launch an investigation into the public corruption accusations immediately following the meeting hence the exigent need (immediate action) for a special meeting," according to the minutes.
The minutes explained why a "special meeting" was held, but didn't explain why it was held without public notificiation. Under Maine's Freedom of Access Act, public notice of all "public proceedings" or meetings consisting of three or more members is required. Ordinarily, notice must be given in ample time to allow public attendance, and in a manner reasonably calculated to notify the public. An emergency meeting may be called sooner than proper notice can be given. In those circumstances, the law requires local boards to notify local media by the same or faster means used to contact their membership.
The Boothbay Register did not receive public notice. Jody Lewis confirmed to the Boothbay Register by phone March 28 that Steve Lewis was placed on administrative leave. He was also asked why the media wasn't notified about the special meeting. "We didn't have to. Our bylaws allow us to call a special meeting without notice to discuss a personnel issue," he said.
During the April 11 meeting, the Boothbay Register asked directors to produce the bylaw passage which allowed not notifying the media. Latter searched the bylaws without success before Cunningham suggested calling their attorney Linda Yarmosh. On April 12, the Boothbay Register called Yarmosh's office and was told she would receive the message.
As of May 9, Yarmosh hasn't returned the call. On May 8, the Boothbay Register attended the monthly directors' meeting requesting confirmation about where in the bylaws it allowed special meetings without notifying the media.
Jody Lewis, once again, directed questions to Yarmosh. "She's on vacation so you can't contact her until Monday," he said. The Boothbay Register reporter objected. He told directors several reviews of the bylaws resulted in no mention of the alleged policy. The Boothbay Register also spoke to two lawyers, a local official and the State attorney general's office about the alleged provision. None had any knowledge of an FOAA exemption.
One of the lawyers contacted by the Boothbay Register is Richard Elliott, who represents Steve Lewis. He is looking into whether the directors violated state law. "I've asked for the minutes, and we will see what happens, but it looks like directors held an illegal meeting," he said.
The Boothbay Register also asked how much per hour Yarmosh is paid. Jody Lewis said, "I don't know I will have to check." Jody Lewis said he would contact the Boothbay Register "tomorrow, May 9" and would have Yarmosh contact the reporter.
Jody Lewis also confirmed that Steve Lewis has until May 12 (Monday) to request a hearing regarding his unpaid administrative leave.
The directors meet next at 5 p.m. Thursday, June 12 in the business office.