AUGUSTA — Chelsea Board of Selectmen Chairman Carole J. Swan was in court this morning asking a judge to reduce her bail and to allow her to be at the Town Office to conduct town and personal business.
Swan, 52, faces four criminal charges accusing her of accepting kickbacks from a contractor. The judge indicated he would rule later on her request to modify the bail conditions.
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Swan has been free on $25,000 cash bail. Conditions of bail ban her from being at the Chelsea Town Office and from having contact with Chelsea Selectman Michael Pushard, Town Clerk Flavia “Cookie” Kelley and Town Manager Angela Gordon.
Swan is accused of aggravated forgery, attempted theft and two counts of improper compensation for services.
A criminal complaint and an affidavit filed in Kennebec County Superior Court detail offenses that allegedly occurred when sheriff’s deputies set up a sting involving the town’s snow plow contractor, Frank Monroe.
Monroe told Kennebec County sheriff’s deputies Jan. 31 that Swan asked him to overbill the town for sand. According to the affidavit by sheriff’s Deputy David Bucknam, Monroe delivered 528 yards of sand. Swan told him to bill the town for 1,766 yards at $12.50 per yard, or $22,075, the affidavit alleges.
Monroe said Swan wanted $10,000 and told him he could keep the remainder, according to the affidavit.
Bucknam’s affidavit says Monroe, working at the sheriff’s office behest, went through with the deal, and Swan signed the warrant paying Monroe $22,075.
The deputies watched Monroe get the check then meet with Swan on Chapel Street in Augusta, after he had first departed a bank with $353 in cash, meant to simulate the $10,000. The bills were photocopied to record the serial numbers.
Monroe gave the bag of money to Swan, Bucknam said, and then Bucknam and sheriff’s office Sgt. Ryan Reardon approached Swan to talk about the money.
Swan then agreed to be interviewed at the nearby sheriff’s office.
“Carole Swan admitted she had instructed (Monroe) to fill out the bill for 1,766 yards at $12.50 a yard for the total sum of $22,075,” the affidavit said. “She continued by admitting she was to receive the sum of $10,000 in cash as her portion after he cashed the check. She admitted to instructing Frank on paying and admitted to receiving a $1,000 and $6,000 kickback from Frank on two separate occasions by utilizing Frank’s contract against him.”
The other incidents allegedly occurred Sept. 24, 2009, and Jan. 25, 2010, both in Chelsea, according to the criminal complaint.
Swan has yet to make an initial court appearance on the chargs, but accompanied her attorney, Leonard Sharon, at the bail hearing.
Sharon told Justice Robert Murray that Swan was duly elected as a selectmen and bail conditions should not trump that election.
Sharon also asked that bail be reduced to $5,000 cash.
Deputy District Attorney Alan Kelley argued that the town of Chelsea is the victim of Swan’s criminal behavior and that the investigation is ongoing. He said he anticipates more charges being filed.
“We can’t shut the town of Chelsea down,” Kelley said. “It needs its records, and it needs its office staff. It is essential to administration of justice and the integrity of judicial process that those conditions remain.”
Murray did not indicate when he would rule on Swan’s request.
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