SACO — The mayor disagrees with the city attorney about the validity of the city administrative contract, and has retained an attorney to represent his opinion.
City Administrator Richard “Rick” Michaud announced in June that he was retiring effective Dec. 31. In August, after negotiating with the City Council, he decided to sign a two year contract beginning Feb. 1. Michaud left his position at the end of last year, and came back to work for the city at the beginning of this month.
The council began negotiating the new contract in August, when Mayor Don Pilon was out of town. The council later continued negotiations in another executive session when Pilon was in town, and came up with the new contract.
“It’s a little confusing to me that the council chose to go into executive session when the mayor was on vacation,” said Pilon at Tuesday night’s City Council meeting.
Pilon had some concerns with the contract and did not sign it. He said he shared his concerns with the Maine Municipal Association and asked City Solicitor Tim Murphy for his legal opinion.
Pilon said Murphy told him he worked for the city administrator and it would be highly unusual for him to give the mayor or the City Council an opinion, and Pilon would have to wait until the city administrator released it.
“He is not serving the mayor, he is not serving the City Council, he is not serving the people of Saco ”¦ he is serving the city administrator,” said Pilon.
Murphy said at Tuesday night’s meeting that the original request for a legal opinion came from Councilor Nathan Johnston. He said, as has been the procedure for the more than 20 years he’s been the city attorney, he gave the opinion to the city administrator, who is the one who routes legal opinions to the City Council.
Murphy said he had received many emails from Pilon, but told him he wasn’t the one to give him the legal opinion; following procedure, it would have to be Michaud.
“This wasn’t personal, this wasn’t something that was unusual. This is how we’ve always done it, for 21 years,” said Murphy.
“The client isn’t the mayor, it’s the seven of you, acting as the governing body,” said Murphy. He said he had a duty to give a legal opinion to his client, and “I give it to you through the city administrator.” Michaud did not speak during the discussion, except when asked by Councilor Bette Brunswick if he was receiving retirement benefits.
“I don’t think that’s germane to this conversation,” he said.
Pilon and his attorney, Timothy Bryant of Preti Flaherty, said that Michaud retired Dec. 31 so he could apply for retirement benefits under the Maine Municipal Association and came back in February as a new hire ”“ thus, under charter, requiring appointment by Pilon. The charter states that a new city administrator should be appointed by the mayor and confirmed by the council.
Bryant said he filed a Freedom of Information Act request and received the paperwork showing that Michaud applied for retirement benefits.
Pilon said Michaud’s contract circumvented the mayor.
“I believe there is no contract. If you can prove otherwise, let me hear it. Let the council hear it,” said Pilon.
“As far as I’m concerned, and convinced, a vote was taken after a heated debate, and we came up with a proposal for a new contract for the city administrator to continue his employment after his return from vacation. It’s not very complicated,” said Councilor Leslie Smith.
“It wasn’t a vacation. He in fact retired,” said Bryant. “We can’t ignore the retirement of the city administrator. Once he retires, you have to hire someone else.”
Bryant said the charter process wasn’t followed. “If the charter process isn’t followed, the contract is not valid,” he said.
City Attorney Tim Murphy said city charter procedure was followed, as Michaud was not a rehire, but was continuing his service to the city.
“Perhaps it shows a lack of courtesy for the office of mayor, but that is for all of you, not me,” said Murphy, referring to the August executive session that was held when Pilon was on vacation.
“There’s no doubt he tenured a resignation letter to you. Essentially you crumpled it up and threw it away and said we’re not accepting it, we’re going to renegotiate it instead,” said Murphy.
Councilor Kevin Roche, referring to Michaud’s application for retirement benefits from the MMA, said “On paper, it’s a retirement,” and said he didn’t think it passed the “straight face test.”
“The fact that he’s filed for benefits doesn’t mean he’s retired. He’s here working as your city administrator,” said Murphy.
Brunswick made a motion to terminate Michaud’s employment contract in six months because contract negotiations were not done in good faith and excluded the input of the mayor, who had a lack of ability to request legal negotiation.
Brunswick removed the motion after Councilor Eric Cote said it would have to be voted on at a different meeting, as the item was not on that night’s agenda. The council agreed that the motion would be proposed at a later date.
— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or [email protected].
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