April 5, 2013

Pearson files lawsuit to get OOB job back

Mwanwhile, campaigns to recall all seven Old Orchard Beach town councilors make their final push.

By Gillian Graham ggraham@pressherald.com
Staff Writer

OLD ORCHARD BEACH — The turmoil in Old Orchard Beach intensified this week, with the former town manager suing the Town Council that fired him and residents pushing forward with efforts to recall all seven councilors.

In his lawsuit, former Town Manager Mark Pearson says the council violated his contract, the town charter and the state and federal constitutions by voting to terminate his contract without cause.

The 4-3 vote on March 5 to oust Pearson followed a request for his resignation and a series of crowded and tense meetings that revealed a deeply divided council.

Pearson, who started his job in February 2012, was the town's fourth manager since 2003. The councilors who voted to terminate his contract have not publicly disclosed their reasons, prompting a residents group to start a petition drive to force a recall vote on each of the four councilors.

A second group responded with a petition drive to recall the other three councilors.

Pearson's attorney, John Richardson, filed the lawsuit late Thursday in York County Superior Court, asking for the court to vacate the council's decision to terminate Pearson, reinstate him to his position and award damages and attorney's fees.

The wrongful-termination complaint is added to an earlier filing by Pearson asking the court for a declaratory judgment on who has authority to decide not to renew the contract of the public works director.

Pearson decided not to renew the contract of Bill Robertson, the public works director, but the council voted to overturn his decision.

In his new lawsuit, Pearson claims the council retaliated against him for filing the declaratory judgment action and for notifying public officials of "irregularities in the town management and finances."

Pearson's employment was terminated "immediately following the filing of the declaratory action," according to the lawsuit.

"Many people in town have contacted us stating (Pearson) was well on his way to cleaning up the town when these four councilors determined he was getting too close to that goal," Richardson said. "As a result of that, he feels he has unfinished business."

In addition to arguing that the council did not follow due-process requirements, the lawsuit says councilors made false and defamatory statements about Pearson.

Council Chairwoman Sharri MacDonald said Friday that she had not seen the complaint and was not ready to comment. She said previously that she has been careful about what she says about Pearson so she does not damage his reputation.

The dismissal of Pearson, after months of clashes on the council, led to the first recall drive.

The first recall committee, chaired by resident David Francoeur, wants a special election on ousting MacDonald, Vice Chairwoman Laura Bolduc and Councilors Linda Mailhot and Dana Furtado. The four voted to terminate Pearson's contract.

A second committee wants to recall Michael Coleman, Robin Dayton and Robert Quinn, the three councilors who voted against the contract termination.

Cari-Lyn Lane, who chairs the committee and operates the associated Taxpayers for Truth website, said that if four members are going to be recalled, all of the councilors should face removal so the town can move on.

The committees need at least 815 signatures on the petition for each councilor for the recall process to move forward. As the petition deadlines approach -- April 11 and April 15 -- the intensity of the campaigns is picking up, with accusations that both sides are spreading false information.

(Continued on page 2)

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