AUGUSTA – Carole Swan, chairwoman of the Chelsea Board of Selectmen, appeared in court Friday, asking a judge to reduce her bail and allow her to conduct business at the Town Office.
Swan, 52, faces four criminal charges accusing her of accepting kickbacks from a contractor. The judge indicated he will rule on her requests later.
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Swan has been free on $25,000 cash bail. Her bail conditions ban her from the Chelsea Town Office and from contact with 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. The criminal complaint and an affidavit filed in Kennebec County Superior Court allege that Swan received two payments totaling $7,000 from the town’s snow plow contractor, Frank Monroe, in 2010.
The affidavit suggests that the payments were made when Monroe’s two-year contract was up for renewal.
Monroe ended up retaining the contract without a bid, and continues to hold the contract — valued at $114,00 last year.
The affidavit details the allegations that prompted Swan’s arrest Feb. 10.
Monroe told Kennebec County sheriff’s deputies Jan. 31 that Swan had asked him to overbill the town for sand. Monroe delivered 528 cubic yards of sand after Swan told him to bill the town for 1,766 yards at $12.50 per yard, at a total of $22,075, the affidavit alleges.
Monroe said Swan wanted $10,000 and told him he could keep the rest, according to the affidavit.
The affidavit says Monroe, working with the sheriff’s office, went through with the deal and Swan signed the warrant paying Monroe $22,075.
Swan has yet to make an initial court appearance on the charges. She was accompanied by her attorney, Leonard Sharon, at Friday’s bail hearing.
Sharon told Justice Robert Murray that Swan was duly elected, and that bail conditions should not trump the results of a valid election. Sharon also asked that bail be reduced to $5,000 cash.
Murray did not indicate when he’d rule on Swan’s request.
Swan did not speak during the 45-minute proceeding.
Sharon asked that Swan be allowed in the public area of the Town Office to conduct town business at the biweekly selectmen’s meetings, and be permitted to conduct her personal business, such as motor vehicle registration.
Swan has indicated she will not resign. Her term ends in June.
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