OLD ORCHARD BEACH — Public Works Director Bill Robertson is back on the job after the town council voted to rescind the town manager’s decision to put Robertson on administrative leave and not renew his contract in April. The town manager’s attorney, however, said the town council has no authority to repeal the decision, and Robertson’s term of employment is still over in April.

John Richardson, attorney for Town Manager Mark Pearson, said the charter is clear and the town council chairwoman has placed the town in a very difficult position.

“The town manager has no intention to honor an unenforceable vote,” said Richardson, and still plans to terminate Robertson when his term expires in April.

Richardson said that MacDonald had read an opinion from the town attorney that the council did not have the authority to rescind the town manager’s vote. He said she chose to ignore the opinion, which was paid for by local tax dollars, and chose not to have an attorney present at Tuesday’s meeting.

“It’s pretty clear the chair did so knowing that they were violating town ordinance and state law,” said Richardson, which is “direct and willful refusal to follow the town attorney’s legal opinion.”

MacDonald, however, said she never asked the town attorney whether the town council had the authority for the vote taken Tuesday, and under the charter and the town’s personnel policy, she believes the town council has the authority to rescind the decision.

“The vote that we took on Tuesday night, that is the will of the council,” said MacDonald.

MacDonald said, in hindsight, it probably would have been beneficial to have the town attorney present at Tuesday’s meeting, but she did not request his presence because the intention was to have an executive session to get more information about Robertson’s administrative leave because the administration has been non-communicative.

Robertson’s attorney, Neal Weinstein, said Robertson’s contract was between him and the town, and the town council has the authority to appeal it.

MacDonald said she is concerned about money spent by the town manager on legal fees and an investigation in a tight budget year.

Richardson said MacDonald is putting her own personal financial interests ahead of the interests of the citizens of Old Orchard Beach. Richardson said MacDonald’s family received no-bid contracts through the public works department that violated town law.

MacDonald said that when her sister plowed snow for the town last year, she charged the town $50 an hour, and the company that plowed for the town this year charged $125 an hour.

“Everything’s been done on the up and up,” said MacDonald, adding that she has abstained from voting on any contracts for her sister’s company, MacDonald’s Excavation, that have gone before the council. She said she does not have any ownership in her sister’s business. She said her sister has moved the town’s excavator 10 times and not invoiced the town.

“Everybody in Old Orchard Beach, including me, benefits financially from Bill Robertson being the public works director,” said MacDonald. Robertson, she said, has saved the town money, and every penny he saves helps residents save tax dollars. She said that employee morale has increased under Robertson as well.

“It’s a witch hunt after Mr. Robertson,” she said.

Robertson this morning confirmed that MacDonald’s Excavation had moved the town’s excavator “about a dozen times” and “I’ve never seen a bill.”  He said this job would typically cost between $100 and $150 each time. Work done by MacDonald Excavation, like that done with a tidewater gate project, has gone out to bid, he said. He does recall two small projects ”“ a back fill job on Ross Road and ditch work on Saco Avenue ”“ done by MacDonald Excavation that did not go out to bid because they were emergency situations, he said.

 — Staff Writer Liz Gotthelf can be contacted at 282-1535, Ext. 325 or [email protected].