GORHAM – Gorham Town Councilor Ben Hartwell on Tuesday pleaded guilty in court to operating a motor vehicle under the influence of alcohol in March and was punished with a fine, license suspension and a community service sentence.

“I apologize to the people of Gorham for bringing this unnecessary attention to our community and the Town Council,” Hartwell said after court on Tuesday in a statement to the American Journal.

A state crash report said Hartwell, 34, was northbound on Fort Hill Road when he went off the road, struck a tree, and rolled over at 12:34 a.m. on March 22. He was transported to Maine Medical Center to be checked, and Gorham police issued Hartwell a summons the same day.

Hartwell is a Gorham farmer and a veteran who served in Iraq.

“It’s unfortunate that it took an accident and a conviction to wake me up, but I’m glad nobody was hurt,” Hartwell said.

Hartwell’s case was the second one in two years involving a Gorham councilor, with both incidents leading to strife on the board. Under Gorham’s charter, a town councilor violating the moral turpitude clause would be booted from the board, but the provision doesn’t define the term.

Town Councilor Matthew Robinson last month sponsored a measure that will ask Gorham voters in November to change the town’s charter defining moral turpitude to include drunk driving. A public hearing on the proposed charter change is set for Tuesday, Sept. 2.

Robinson hopes voters will support the charter change but feels a convicted councilor should voluntarily step down.

“When you’re convicted of operating under the influence, you should resign,” Robinson said when contacted Tuesday.

Hartwell’s three-year council term expires in 2016. He serves on the council’s ordinance and appointments committees.

“I will not be stepping down from the Gorham Town Council as I have been overwhelmed with the comments I have received from citizens who want me to continue the work I have begun,” Hartwell said.

Town Councilor Suzanne Phillips pleaded guilty to operating under the influence in 2012. The Town Council did not find that she had violated the moral turpitude provision, and she remained on the council.

Hartwell said he pleaded guilty in a plea bargain with a $950 fine, a 150-day license suspension and community service. Hartwell is required to report to Lake Region High School in Naples for two days of work Sept. 5-7.

He has already completed the Maine Driver Education and Evaluation Program for operating under the influence offenders. Hartwell said the 20-hour class was required to re-instate his driver’s license and he is not required to undergo further counseling.

“I received my letter Saturday that I have met all requirements, which means I do not have to seek additional personal counseling,” Hartwell said.

Ben Hartwell

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